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HomeMy WebLinkAboutR-84-1043J--84-861 9/13/84 rr/©-8 RESOLUTION NO.84""1043 A RESOLUTION RESCINDING THF. CONTRACT AWARDED UNDER RFSO1.I1TTON NO, R4-798 TO N. 11 INC. P1ARINF CONSTRUCIION FOR FURNISHING A_.L I.AI10R AN1) 11 1AIE11,1A1-5 FOR PILE REPLACEPICNT AT OTNNFR l/f,'Y 11ARTNA IN THE APIOUNI Of �-A. 95`), 11IT AIISF SATD FIRM FAILED TO PROVIDE Ilit_: REfIUIRf-f) f_VIDENCE OF INSURANCF- AND FAILED 10 11E1;IN WORK WITHIN IIIF 1 1 H K 51T11111.AI1-1) IN ITS BID PROPOSAL N0. 83-84-111fl; FURTNER AUTH0R171N1; Tiff- CITY ATTORNH-Y If) TAKE THE NECESSARY 1-1--GA1_ ACT I0N 10 RECOVIAZ ALL OR PART OF 11-IF C I I Y' S C1) 1f; RE5111_1INf., FROM SUCH I-AJLIJRf= ON 111f-- PART OF N. U,, INC. MARINE CONSTRUCT TON; FURTHFR ACCFPTING THE 1311) OF ALPHA PIARINE, THE NEXT LOWEST RE5PONSII1(-F. AND RESPONSIVE BIOPFR. FOR FURNISIJINf, SA TI) SI-IZ\1ICf- AT T H A 1 CITY FACILITY 01,; FRfi I, n,,) 1 11, A f' I BASIS FOR THI (11-1- 11' OF AT A TOTAL PR0P0.>f-1? r"„� `)F i . `." n 1� 1 111 r UNOS THEE-Zi I OR I'':;I It I ("If' f 0 UtI!DFR RCSt?(.1(T1G`, I1, %� P,1'(�I'ii C� ai11_Y 30, 1984a A'd1' 1.'; 1 1 Il i i 1 11N1)S THENCE Ok [if 11;, 1 H ;t I i, ;HL 1984 CAPIIAL I'11'kH (UND; FURTHER All 11lfW 1 i Nt, i W '_ I .t 1' i�Af�AGER TO INSTRUCI I1;i_ I'Ifi ('.lir1It:f; �;(,LN'1 10 ISSUE A PURCFIASL- 0Rf)1-11", 1-(ill, 1HI`.7 Sf-RV1ICI-. WHEREAS, replacement of deteriorated and damaged marine pilings at Dinner Key Marina is vital to the safety and welfare of the patrons of this City facility and will benefit the citizens of Hi ami ot large; and WHEREAS l;ui°;,u }nt to 1)(11.)1Sc notice, sealed bids were received .Ir ite It, 1981� rjnd ri contract was duly awarded on July 30, 1984 l)y f;esolut.ion No. 81,-798 to N. U., Inc. Marine Construction for I urni -Iiirrtl nI T labor and ata.teria] s to replace nine (`)) Fender and otie ( 1 ) Dolphin piles at Dinner Key Marina, on a short - term contract basis until final acceptance, for the Office of Marinas; and CITY CCiMlt IS"SIOI' MEE'TINC3 (-�' WHEREAS, said firm, N. U., Inc. Marine Construction, has notified the City in writing that it is unable to begin work within the time stipulated i.n the b I d contract; and WHEREAS, said firm has not. furnished the required evidence of insiiranr.e: and WHEREAS, 1-he Chief Procurement Officer has notified said firm in writ.linq i-hit nft.er having been duly notified of the award cif t:hr rnntract by Resolution No. 84-798, it has Failed to provide the recii.i.rrd evidencr nf' insuranco and hac; failed to begin woTk withici the tifrr rt.i_pul.atCd in its hid proposal and, therefore, !:aid nward shr31_i he rc scinde+i; .en(I WHEREAS, this service wi.Il he tir;nd by the Office of Marinas for the of' replacing deter.ior;ated and unsafe structures -!t the Cit.y's Harina facility; and WHEREAS, the bid of Alpha Marina is the next lowest responsible and responsive and meets all requirements for this herein service not being supplied by N. U., Inc. Marine Construction; and WHEREAS, funds for this service were in part, allocated previously be Resolution No. 84-798, with the balance of funds available in the 1984 Capital Improvement Project Funds; and WHEREAS, the City Manager and the Director of the Office of Marinas recommend that the laid received from Alpha Marina, Inc. be accepted �3 the lc)wi, zsf and responsible hid and WHE REµ S, the City ilariaricr that the City Attorney be authuri zed tt) the apj)ropri.ate legal action to recover Lill or part- of the City's costs resulting from said failure on the part of N. U., Inc. Marine Construction; NOW, fHEREFORE, BE IT RESOLVED BY THE C014MISSION OF THE CITY Of MIAMI, FLORIDA: Section 1. the contract awarded to N. U., Inc. Marine Construction under Resolution No. 84-798 adopted July 30, 1984 for furnishing all labor and materials for pile replacement at Dinner Key Marina is hereby rescinded. -2- Section 2. The City Attorney is hereby authorized to take the necessary legal action in order to recover al.I or part of the City's costs resulting from the failure on the part of N. U. Inc., Marine Construction to honor its bid proposal (No.83-84-108). Section 3. The bid of alpha marine for furnishing all Labor sand lfiot Trials for Pile Replacement at Dinner Key Marina on ;- r3hnrt.-1-crm contract hasi -, fnr t.h(- Office of n; n t.ot_ nl ro pn ;ed cos of >7 `'10 i � hr. rrhy acr_epted aran.��= _ p t t , with fundn therefor previoutI1_y [?,--,lirtion No. 84-798, odnpt.ed July 30, 19114, and ttie i,n) ince of funds therefor hereby allocated from the 19t?q CIpital Tmprovement Project Funds. Section 4. The City Manager is hereby authorized to instruct the Purchasing Agent to issue a Purchase Order for this service. PASSED AND ADOPTED this 18th day of September , 1984. Maurice A. Eerre MAURICE A. FERRE M A Y 0 R ATTEST: (ALPHX.ONGIE, CITY CLER PREPARED AND APPROVED BY: fTUB—f7RT Fes.._ -I-FA� —; _ DEPUTY C1TY Al H)RNEY APPROVED A5 UJ i"OR14 AND CORRECTNESS: LUCIA A. DOUGNERTY5 CITY ATTORNEY r;- -10 " 27 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: Howard V. Gary DAM August 27, 1984 City Manager SUBJKCT: Piling replacement at Dinner Key Marina REFERENCES: Alfre(do di'guez Director o;e inas ENCLOSURM 4 - It is recommended that the enclosed Resolution be passed rescinding Re - Solution IP84-798, and accepting the bid of All_ -,ha 11,,rinc , 1nc, lk.­'he next JOWO t 1) 4 Ct (I., labor and le r p I ac e- ) -total a.t T- proposcd co:�',Ik_ nine• hundred and 1- Y t iJ1 9 r)o on July 30, 1984, Resolution pa.,-'sed, accepting the lowest -'truction for furnishing bid as received from N.13. Inc . f, Ma.rinc, all labor and materials for thc of nine (9) fender piles and one (1) Dolphin pl-lo D-J1*1nc.,,.' 114�,r-Lna. On August 20, 1,984, this, JDidr3c,r t.)-je City written notification that his equipment for the job h3' a nccn Tvieved to Key West, and that he would not be- able t-o perform this, nor cori-q)Iete work until, and after NoverdDer of 19S4. As this projoct is urgently needed in the interest of safet-y, and the Novei-iiber c(xw.�_)1otj,)n date is Unacceptable, we therefore rescinding the previous aw'aru and accepting the next -lowest bid from 2'tlpha Marine, inc. Thi-s -'s a :;hart -term contract for thc replacement of nine (9) fender pil-c-s and on(, (1.) L)oll-Aiin pile at Dinner M-Y Marina at thc__` earliest po, _S4b e -�:r2,cratecl to (date. are de-t(* t I I f p o 4 11 t of C 1'. eating a d a i a c o •o s cond-ition, to i.-Iny. vc-:ssc-2, that is, -voorcc] to <,ad'd P i ho 111 (3 P c C a't D serious injulry or &,,,mage would be e<`:pcctc-d. Funding for this work was appropriated for, in FY'84, Major. Maintenance - Dinner Key Marina - Capital Improvement Fund, Project No. 6068. /Vo �wG . P- V N-I il'p' To. Howard V. Gary City Manager FROM! L. Mul 1-in's Purchasing Agent CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM DATE: August 29, 1984 FILe: SUBJECT: Detern, inat-ion of Non - Per fi-orT-na.nce-Dinner Key Pile Rn?placement REFERENCE';- Bid No, 83-64-108 Reriolu"-Jon Ho. 84-798 —r—up— Pursuant to public notice, sealed bids wore receiver) Junc, 4, 1984 for furnishing all labor and matnriaj3 for Pilc M-placr-mont at Dinner Key 1,11arina on a :port tcrr- contract basit-, until final completion Land a, c cp t -n n c e - 1111� The low cot bid oif INT. U Inc. I-larif'0 CO"Sti, 11C J kl":-(.11jly signed by an ulbC?r-*,, dagent of the corprtic in all respects with the sj-.)Ocifications' oi. the bid at the tii-�)e submitted. In jccor(.jaj)cc contlit ions, the bidder offered to begin work within t after receipt MAN of order, to complete work within iou�r (4) ftej start, and 4 agreed to furnish evidence of rc,.,quircd 1, fill-,, 11 1" ,l,c within ten (10) days after receipt of notification. That bid was recommended by the Director, (..)f the office of Marinas and by the Purchasing Acient, a n d 1,;- j, i r.-- by the City Commission on July 30, 1984 by Rc2olul-Acn No. 84-7018. The Purchasing 7,qent sent notification to 1-1,e firm, by registered mail, advising of said award and r E, q u (-.s t i n q t h e 11-, s U ranee Evidence. In written response, N. U. Inc. I'larine Construction first refused to accept the award, in contradiction to significant bid conditions, and later indicated that he would be unable to begin work until. � omiotime in November, 1984, cont.-ary to his bid. To date, 20 days, after hl.'13 receipt of notification, no insurance evidence be�en -rect.--ived- 'I'lie I)i.rcctor of the Office of Marinas, in a ;r.c-.nuor d--t(td i�,uqust .17, 3.9-6-11, w.,hich i:3 attached hereto Mini: L 1,-�art of this has found the delay to 'j"u unaccc .1 1 -jjtz�j,,ij� in t'lle jltc-rec�ts of safety for vessels and platronof Chi,-, City -f-aciiity. It is th(.:refur dicturialnec i, t1lat One aforementioned orementioned actions on the part of N. U. , in(-:. ipiarinv, constitute a failure to perform in accordance with the bid and is thus in default with the bid agreement and the award. S —4 4 1013' =a Howard V. Gary August 29, 1984 Page 2 of 2 in the total proposed that recommended that the eawlnd•of this bid be made to It is fur Alpha marine, and that the the next lowest bidder, Qs,ible time, ro riate legal action amount of S7►g50.Oa at the earliest p costs resulting Lron said City Attorney be allthori ed to taY,e the app p 11 or pert of the City,s to recover `� art of N- U• Inc. Marine Construction• failure on the p The above determination is hereby approved and Of the undersigned. finding �'J/ j ,-1 ] /)"( is hereby approved and adopted a the The above determination finding of the undersigned. Howard V. Gary, City Manager Date �_ t ITEM: DEPARTMENT: TYPE OF PURCHASE: REASON: POTENTIAL BIDDERS: BID; R1 CEI.VED: TABUT,ATIOC• : AWARD OF BID Hid No. 83-84-73 Pile Replacement at Dinner Key Marina Office of Tla.r .nas Short-term, Contract Replacements of deteriorated and unsafe Structures at a. City facility 73 4 BIDDER ri.ty Classification) N.tJ., 1;r�ce 11--,ri,ne Construction (Non --Mi nority) A ha !,a r I I o y) Dock and Xj;ir J.l,W C_011: t':ucticn, Inc. (Non--Mino, r-it:v) Superic)t: soaj,;am. osei.viccs, Inc. (Non -Minority) TOTAL BID 4 4,959.00 7, 950.00 8,860.00 11,650.00 * Unable to meet bid/contract conditions, see Bid Evaluation. FUNDS: 1964 Capital Improvement Fund - Dinner Key Marina MINORITY PARTICIPATION: I.r.vita't.i(:rl: V!Or..0 sent. to - i tecin (15 ) F31ack and twenty-three (23) tij.cp,—.J.c firm . list-ed .--.: General or Marine Contractors in t1li z ol.l.ow-ing sources: 1. Metropol.it-lan Dade. County '`inority Vendor Ili rectory. 2. Bidder applications on bile in Purchasing g 3. Southern Bell ye.1101: pages for Greater ffiami Minority Responses consisted of one (7) "no bids", two (2 ) from Black .1%m :rican and Live (5) from Hispanic American firm-s- BID EVA.LW-''T]:iJt;: The low bidder, N. U., Inc. Marine Cons' u'i _.-on, was awarded this project. on July30 un� rr__ e.-ZT).rit_ic:n No. 64-7CG. Upon such notifi.cation by the City, -2��i< f i-rm inforw e thtlt he would he unable to honor the bic� reaarding con":�leti.on of work (Start in 10 days, car :>I::;to iir ') dzay:e). His ri(-Sly proposed raid—Novelsber complet '_I or`d x "r kill ::t:ct_,j) ,iih, i to of ffice of 1,1,a in as, and thus it is rEsCt7A it l'rve(a t€11.1- t'r:.t: jai'( VtOU` iSdc3xd bf rE V1St`d a€I( that the next loea(ut laid of 'llj ha :Msari.nce be accepted. Following is an analysis of the 1,nvita.tion to Bid: a. page. 1 of 2 8 ti )� N Category Prior Bidders Black American Hispanic American Non —Minority New Bidd-�rs Black I r�(-�ri.can Hispanic Am.; rican Non-Mi.n.ori ty Number of Bid Invitations Mailed Courtesy Tioti.fications 'Inn Late Bids Totals 0 0 0 15 23 35 7 60 Number of Responses 0 0 0 0 4 -0- 11 1 r 16 Reason:; 1=or. "too Bid" were as follows: 1. "Do not. desire to bid against our subcontractor." �� 2. t.,e are Cer)era.J. Contractors but do not provide pile f4 rci-Jlr c nr). u 3. "Present con`r:iict coliTT1not pff j.mitm us to service fe 4. Our corfl ;-i)ti- not o.:-,r.f(j �.oa- �i).i., yZ1e of: work. 5. "Will 110t, b(_, bi 6cii n p_-lease keep us on your mailing list." b. "No c ei r_,c.:?c i.t) i1t.J_c: rcplaccment." (Black American, joint Venture) 7. "We do ci ct,ric al conotruction at present. "(Hispanic American) S. "This is not within the scope of our specialty." (Hispanic American) 9. "Not within tale scope of our specialty." (Hispanic American) RECOMMENDAT I Obi : IT IS RECOhI TENDED THIN THE AWARD BE MADE TO ALP[-IALPHIk HIARIZdE IN THE PROPOSED AMOUNT OF $7,950.00. n } , •, �. �.tf�"mot. , Purchasing Agent Date The above award meets the requirements of the office of Marinas, and approval is recommended. `.-ems......».....: -' DI rector -v4_ -` Date The Minority Procurement Officer concurs with the above recommendation. Otticer -- r ate page 2 of 2 841 1. �_: