HomeMy WebLinkAboutCity of Miami letter(LTitg of 4iThtmt
JOE ARRIOLA
City Manager
October 26, 2004
VIA FAX AND REGULAR MAIL
Adorno & Yoss P.A.
Attn: Thomas R. Shahady, Esq.
350 East Las Olas Boulevard
Suite 1700
Fort Lauderdale, FL 33301
RE: In response to your Formal Bid Protest for N.W. 14 Street Improvement Project
(3rd Bidding), from NW 34 Avenue to NW 22 Avenue (Project No. B-50686, Bid Number
03-04-129)-Revised
Dear Mr. Shahady:
This letter is in response to your Formal Written Protest and Notice of Intent to File a Formal Protest,
which was filed in a timely basis and accompanied by the required filing fee pursuant to the City of
Miami Procurement Code, Section 18-104. However, upon further reviewing both documents, it was
evident of your failure to file both the Formal Written Protest and Notice of Intent to File a Formal
Protest with the Chief Procurement Officer, as required by the City of Miami § 18-104, City Code.
Both communications were filed with Mary Conway, CIP Director, who is not the Chief Procurement
Officer. Even though this is a technicality in which the Chief Procurement Officer could have
dismissed your protest, I will grant you and your client due process.
The City of Miami Capital Improvement Department bid documents contained language on page 13 of
16, states that the City will accept, at the time of bid opening, certifications by the State of Florida,
Miami -Dade County, and Miami -Dade Public Schools from firms designated by those agencies as
minority firms (Black -owned, Female -owned, and Hispanic -owned) and those firms must be
subsequently certified as a minority firm by the City of Miami after the bid opening as directed by the
City's Purchasing Department. This is a matter of responsibility.
Based upon this language, I am directing the Capital Improvement Director and the City Manager to
rescind the rejection of all bids. Upon said rescission, your client, Williams Paving Company, will be
granted the opportunity to submit their subcontactors' (H& J Asphalt, J&M Parking Lot, and Barreiro
Concrete, as listed in their bid) certifications issued by only those agencies cited above. Upon taking
such corrective action, Williami Paving's subcontractors should then be certified as a minority firm by
the City of Miami before the scheduled City of Miami Commission meeting on October 28, 2004.
Should Williams Paving and its' subcontractors act in accordance with these instructions, the Chief
Procurement Officer will deem Williams Paving Company, the lowest responsive and responsible
bidder for the bid entitled "N.W. 14 Street Improvement Project (r' Bidding), from N.W. 34 Avenue
to N.W. 22 Avenue (Project No. B-50686, Bid Number 03-04-129) and; therefore, uphold your bid
protest.
DEPARTMENT OF PURCHASING
444 S.W. 2nd Avenue, 61' Floor Miami, FL 33130 (305) 416-1900 Fax: (305) 4'I6.1925 / Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
F-Mail Address: purchase@ci.miami.fl.us Website: http://ci.miami.fl.us
This matter has been reviewed with the City Manager and City Attorney and they both concur with my
decision. Said decision is scheduled to be heard by the Miami City Commission on October 28, 2004,
and subject to their approval. The meeting will begin at 9:00 a.m.
Respectfully,
cos
rem-nt Officer
Cc: Joe Arriola, Chief Administator/City Manager
Linda Haskins, Chief Financial Officer
Jorge L. Fernandez, City Attorney
Rafael Suarez -Rivas, Assistant City Attorney
Mary Conway, Director, Dept. of Transportation
Williams Paving Company, Inc.
Attn: Ron Smith, Vice President
11300 N.W, South River Drive
Medley, FL 33178
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