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Home My WebLink AboutR-79-0018uPPr\RII-\\IE ,; FOLLOVJ :RESOLUTION ti1O r .. _ . A RESOLUTION ACCP'PTINn THIS BID OF INTERCOUNTY CONSTRUCTTONCORP(RATION Of FLORIDA IN .THE 'AMOUNT OF 3, 46,7 28., 75 § THE TOTAL BID 0J THE PROPOSAL FOR THE PINES SANITARR Y:8tVi IMPROVEMENT 'Ij-5450 C (Centerline .serer) IN THE.•PIN ES ; ANITARvSE!!ER IMPRO\TFMEt'JT • DISTRICT S1 54.5f..0 .(Centerline' sewer) AND TIRE PINES SAN1TARV- SEWER- If4PROVET?ENT•SR=,51.i5O_S (sideline ,eWer) IN THE PINES SANITARY- SEt1ER IMPROVEMENT DISTRICT SR 545O,.S (sideline Seder); WITI1 NO1•1I1ES THFREFOrt ALLOCATED FROT2 ` I1fl ""ANITARti' 8VA1ER BOND FUND"; t"WITH ADDITIONAL MONIES •ALLOCATED. FOR .. • PROJECT AND INCIDEWTAL EXPENSES PROM •AFORESAID FOND; AUTHORIZING THE CITY - - •MAtIAGER TO EXECUTE A CONTRACT WITH SAID - FIRM WHEREAS, sealed bids were rec-eived December 1 1978 for the PINES SANITARY SEWER IMPROVEMENT SR--545O-C (centerline sewer) in the PINES SANI`.LARY SEWER IMPROVEMENT DISTRICT SR-5450-C (centerline sewer) and the PINES SANITARY (sideline sewer) in the PINES SEWER IMPROVEMENT SR-51150-S SANITARY SEWER IMPROVEMENNT DISTRICT SR-5450 (sideline se e.r);• and WHEREAS, the. City Manap'er renbrts that the 467,428.75 bid of Interconnty Construction Corporation o.' Florida for the Total Bid of the 'Proposal is the lowest responsible bid and recommends that: a Contract bed awarded OCUMEff to said firm; and WHEREAS, the ITEM NO; Capital Improvements AppropriaLlori Ordinance No . 8716 , as amended,, was adopted on October 26 , 1977 , and monie.a die available for the proposed amount o1' the Contract;, Project Expense, and Incidentals, from the account -entitled .."Saiiitary. Sewer 9-.Q. Bond Funds" as set forth u.zndcr •section G. Them 6, of said _Ordinance; • NOW, THEREFORE, BE IT RESOLVED Bw THE COMMISSION. OF THE CIT`r Or MIAI4I , FLORIDA: CITY COMMISSION MEETING OF JAN1 8 1919 # Anownoti Section 1, The December 145 1978 kid. of Inter= county Construction Corporation of —Florida in the prono sect amount of $-154675428:75 for the pro,iect entitled PINES SANITARY SEWER IMPROVEMENT SR-5450=C (centerline server) in the PINES SANITARY SEWER IMPROVEMENT DISTRICT SR==545l-C (centerline sewer) and the PINES SANITARY SEWER IMPROVEMENT 8R-5450=2 (sideline sewer) in the PINES SANITARY SEWER IMPROVEMENT 1)IS'I'RTCT SR-545O-S (sideline sewer) for the `.'otal. Bid of the Proposal, based on unit prices, is hereby accepted at the price stated therein to cover the cost of Said Contract. .Section The amount of y',, 467, 428.75 is hereby allocated frori the account entitled "Sanitary Sewer G.O. Bond Funds" to cover the cost of said Contract. Section '. The amount of $222,571.25 is hereby allocated from the aforesaid Fund to r;a.rtially cover the cost of Pro,iect Expense. Section 4. The amount of $>10,000.00 is hereby allocated from the aforesaid Fund to partially cover the cos of such Incidental items as advert:isiiw, t ostin'r laboratories, and postaJte. Section 5. The City Manar,er is hereby authorized to enter into a Contract on behalf of The City of Miami with Intercounty Construction corporation of Florida for the PINES SANITARY SEWER IMPROVEMENT SR-5450-C (centerline sewer) in the PITIES SANITARY SEWER IMPROVEMENT DISTRICT .SR-5450-C (centerline sower) and the PINES SANITARY SEWER IMPROVEMENT SR-545(1-S (sideline sewer) in the PINES SANITARY SEWER IMPROVEMENT DISTRICT St3 51150- 3 (sideline sewer), Total Bid ' the i,ronos a1., PASSED AND ADOPTED this 18th PREPARED AL11) APPROVED By: 40‘,„.44- : nt (1 A:,..�it f� e, AP day of JANijARY. , 1979. ,1) AS TO T'O rRRECTNESS Section 1, Tho nPnemhr 14, 1T79 bid or Inter county Construction Corporation of Florida in the proposed amount of ;, ,J467,423,75 for the project entitled PTNES SAI41TARv SEWER IMPROVEMENT SRL545O=C (centerline sewer) in the PINES SANITARY SEWER IMPROVEMENT DISTRICT SR 5450.4 (centerline sealer) and the PINES SANITARY SEWER IMPROVEMENT SR=51450=5 (sideline sewer) in the PINES SANITARY SEWER IMPROVEMENT DISTRICT 8R,=51450-S (s deltne sexier) for the Total Bid of the Propo al, based on unit ttirices, is hereby accepted at the price stated therein to cover the cost of said Contract. Section :'. The amount of 435467 s428.75 is here allocated "rom the account entitled "Sanitary Sewer C.O. Pond Funds" to cover the cast of said Contract. Section 3. The amount of t222,571.2 5 is hereby allocated from the aforesaid Fund to r. `' i..a7ly cover thry cost of I'ro,lect; Expense. ,',ction 4. The amount of $10,000.00 is hereby allocatoc3 from the aforesaid Find to partially eove1r the cost of such Incidental items as advertisint , testing 1_aboratories, and postage. Section 5. The City , Man.rirer is hereby authori to inter -into a Contract cn behalf —of TIbe City •of Miami with - Ini-.ereounty Con; tructi_on• Corporation of Florida. for the • PINES SANITARY -SEWER IMPROVEMENT ST-54,5O-C ( centerline its the I'INES SANITARY..SEWER Tt1PROVFl FfT.- DISTRICT S-5450-C' (c06ter1,i ne sealer) and the--1'If[:S- SANITARv '- SF1!ER - It•1PRovE"4H NT SR-5450-S (Sideline •eWei) in the -PINES. SANITARY. SEWER IMPROVEMENT DISTRICT i-514`'O-(t;ideli.ne sewer), Tot l Bid of_the nronosa1, PASSED AND ADOPTED this -18th ��it;'a Clc-pI PRI.aI' h D' ANI) ' APPROVED B ?; AP I1;,si s .ant City, -A"- ►.1 A 0 I1 1) :AS TO of r RRECTI ESS 1 Joseph Rs irassie City M.narer Donald Ws Lather Director yarttnent of lb1' c Works k/y PINES SANITARY ARY SEWER R IMPROVE MENT SR..545oC, Solution Awarding (For Commission Meeting January 183 1979) Bids were received December 141, 1978 for the construction of sanitary sewers in the area bounded by S. W. 22 Street (Coral May), S. W. 26 Street, S. % 27 Avenue, and S. W. 37 Avenue. As reflected in the Tabulation of Bids, the $3, 467, 428.75 bid of Iritercounty Construction Corporation of Florida is the lowest responsible bid for the Total Bid of the Proposal THE DEPARTMENT OF PUBLIC WORKS AND THE CITY MANAGER RECOMMEND ADOPTION OF THE RESOLUTION AWARDING THE BID RECEIVED DECEMBER 14,- 1078 OF IfTERCOUNTV CONSTRUCTION CORPORATION OF FLORIDA IN THE AMOUNT OF $'i, 467 , L428. 75 FROM THE ACCOUNT ENTITLED "SANITARY SEWER G.O. BOND FUND"; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT IN BEIIALF OF THE. ' C IT`' OF MI AIVII FOR PINES SANITARY SEWER IMPROVEMENT SR-5450-C (centerline sewer) IN THE PINES SANITARY SEWER IMPROVEP1ENT DISTRICT SR-5450-C (centerline sewer) AND THE PINES SANITARY SEWER IMPROVEMENT SR-54.450-S (sideline sewer) IN THE PINES SANITARY SEWER IMPROVEMENT DISTRICT. SR-5450-S (sideline sewer). JAH:hc "SUPPORTIVE DOCUMENTS FOLLOW" 79 18 1610Jr.CTJ1At4 F'fi0�C0'T SO0�E LOCATIO'id- 8ID_AWA pv_ PAC1T 0Ii T For The City Manacer PINES SANITARY SBWER .IMPR0VWi$EitT•SR 5450 C'�S Construction of a Sanitary Sewer System by a private contractor ih the area bounded by S.W. 22 Street, S.W. 26 Street, S.W. 27 Avenue, and S.W 37 Avenue, 1STIMATED CONSTRUCTION Co5T__.' $3,274,000.00 DATE BIDS RECEI4'ED NUMBER OF BIDS RECEIVED NAMEOF LOW BIDDER Ai•10UNT OF LOW BID TOTAL: FUNDS TO BE ALLOCATED 'LENGTH OF TIME ALLOWED FOR: CONSTRUCTIOfl December 14., 1978 Intercounty Construction Corporation 467,428.75. $3,700,000,00 240 Working ' Days SOURCE OF FUNDS Sanitary Form Pw #389 6/76 • ewers G. 0. Bonds "SUPPORTIVE DOCUMENTS r , LLW" e PItJES SA t1PAR' St 14ER•tm-pttOVEMEi3 ' • at No, Ht,5450. 0011TRAcT0 A01 SHEtT I.--Intercounty Cot'lutruction Corporation of Plorida =2100 N. Dixie Hwy. P't.,Lauderdales Plorida 33305. Phone; 944=0151 Louis E. Vanditti Vice President Charlie D. Little -= Secretary A. M. Marinelli O. tit Marinelli III. Contractor is properly licensed and insured IV. Sub -Contractors:_ None required at this time Experience:. 56 years Crestwood Sanitary Sewer Imp. (Bid "B"-Pump Station) $ 203,500'.00 Columbia Sanitary Sewer Improvement (Bid "B"-Pump Station) 117,300.00 Silver Bluff Sanitary Sewer Improvement 2,472,393.00 Not a Minority Contractor. 45 Advertisements mailed out by Certified Mail 24 Advertisement's mailed out by Regular Mail= 17 Contractors pinked up Plans & Specifications 5 Contractors submitted bids ■ �11111 //11 `` TABULATION OF /BIDS FORy/' ,r /n./1i/ .: . 54 /J / 7,4 /i ..` a.. / '- P d /r'. PA.,9 /. r /fir ti`.. !/j4-'7- ��y i i-/ - �`r_ I r .- Received by the City Commission, City Clerk, City of Miami, Florida at :.?'i P. M. Q : 4/•— "Z. bidder Licensed ;IT Insured cos 1Per'City Cods 'S Metro Ord. did Bond Amount Irregularities DESCRIPTION IRREGULAR1TiES LEGEND A 1No Power -Of= Attorney C —'Corrected Eatensrons 1ti s. Proposal !Unsigned or improperly live? or No Corporate Seal E-- !improper Bid Bond *1 — Corrected Bid Peea. Bv: del Dot n .J. ` F'{ z F-pDti /308A 1/77 TOTAL `SU-PPORTIV E DOCUMENTS TOTAL IT IS RECOMMENDED THAT A CO /17A'A C. 7 n r-/,I, :' el 4 rn ; a,• " i _ <' ; Fi_ i t ji ... '.t j=:)r'J_, ,'•51_. `;/I)/_) fib :S/ r ''1•1", r)/✓_ - / ,•.-iis ["'!i=3' ')'/:' 1 j r 7. TOTAL 11 TOTAL BID 7 11 kCS'9@ P40: to i'oseph R, t riassie City. Manager - Donald W, Cather Director pa tment p 1` c Works JaUary 35 1979 dines Ban t .riy Bowe ' IthOtoVemen't • Legal Opinion ' Copy of memo from City Attort eij dated 12/26/78 For your information, the attached legal opinion .from:the CityAttorney substantiates recommending awarding a contract to the lowest responsible bidder, Intercounty Construction Corporation, CitY MtAM.91; rLoribA lid~ . -t . c Doi tt ANdiPti tonaid W:' Cathet. Ditectaf +:` {i" ohs,. becetnbtt 26 i 191 TO tepartthertt of Public Works :'i ' 11i111; Lj5' f deorg(/P.i City A.ttotiney This is in 0spotise'to your tee -to -eat asked essentiallyt i, CAN THE CITY OF'MIAHI LEGALLY AWARD A CONTRACT TO LAN20 CONSTRUC- TION COMPANY, INC'. FOR A SEWER IMPROVEMENT PROJECT? - AND, If' NOT, DOES THE CITY OF MIAMI HAVE THE AUTHORITY TO AWARD A CONTRACT TO THE SECOND LOWEST BIDDER ON THIS PROJECT? • FLA A� 790 Pines Sani tdry See i Itipt r - tdwiid :7-�zEEic�s Request- for a Legai Opinion F'�3 GL,v i:U kc�c. for a legal opinion Wherein you The answer to question iil is` in: the negative, answer to question #2 is in the of fimative. The pertinent facts are as follows: The City advertised and received bids from 6 bidders for construction of a sanitary sewer improvement project. The lowest bidder on the pro- ject was Lanzo Construction Company, Inc., who at the time of the bid- ding did not hold a Certificate of Competency as issued by the appro- priate examining board of Metropolitan Dade County. Said Certificate is a prerequisite to the submission of a bid as outlined in paragraph ' 2 of the Instructions to Bidders' Section of the project specifications and contract documents. QUESTION fil Bids for municipal contracts must substantially comply with all require- ments relative thereto, as contained in the appropriate charter and code provisions and advertisements. All of the terms and conditions of an advertisement become by implication a part of a valid bid, in order that competition among bidders may be equal and free, and in order that muni- cipal corporations and taxpayers may be assured of receiving that for which payment is contracted. Hence, it is a general rule that bidders benaid W. tethers bftectot bepattfnetlt of. Public t4otks page 2 becehtb,er Lb 4 tg18 A= jb - •PIhe5 Safiitaty• Sewet fiipt, tow Bid that bids must corifot+it to the advertisement, and bids may be declined for failure of literal compliance with specifications as advertised: tikewise, if a certificate as to ability to perform the contract is '� 3 • - �iun. Go rb =. ( i hd u) such certi fig reduired to be submitted with the bid, a bid .without such a Cate' is insufficient+ McOuillin ' Therefore, based on the authority cited above, the City, absent special circumstances, cannot award the contract to a nonconforming bidder, especially where the variance is a material one. QUESTION i 2 The requirement tslat the contract shallbe let to the lowest bidder or lowest responsible bidder, or the lowest and best bidder must be ojserved in good faith in making award of a municipal contract. A contract should generally be awarded to the lowest responsible bidder who complies with advertised proposals, and it has been held that at award to one who is not the lowest responsible bidder will be set aside where no plausible reason for making -,it is given. See McQuillin stun. Corp. (3d Ed.) §29.73 and Ctty of Miami Charter §53. Based on the above, the City must award the bid to the bidder deemed the lowest and most responsible. GFK/TVP/rb PREPARED BY: TERRY V. PERCY ASSISTANT CITY ATTORNEY 1