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HomeMy WebLinkAboutExhibit 1CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: Restoration of Old Fire Station No. 2, B-30579. BID NUMBER: ITB No. 09-10-018 DATE BID OPENED: Tuesday, August 17, 2010 TIME: 2:00 PM BIDDER BASE BID BID BOND (ER) AMOUNT CASHIER'S CHECK Ballarena Construction $844,788.00 5% Bid Bond Grace & Naeeni Uddin, Inc. $1,018,940.00 5% Bid Bond Link Construction Group $1,067,703.00 5% Bid Bond Team Contracting, Inc. $1,117,000.00 5% Bid Bond Edgewater Construction Group, Inc. , $1,133,845.00 5% Bid Bond TGSV Enterprises, Inc. $1,172,000.00 5% Bid Bond OAC Action Construction, Corp. $1,463,800.00 5% Bid Bond Design Build InterArerica $1;839,300.00 5% Bid Bond ABC Construction $1,839;500.00 5% Bid Bond Beauchamp Construction Co. $1,852,186.00 5% Bid Bond Walter L. Lista, Inc. • $2,120,250.00 $110,000.00 F.H. Paschen, S.N. Nielsen &.Associates, LLC $2,783,399.00 5% Bid Bond "Offers. from the vendors listed herein • received finely as of the above are the only ' offers other offers submitted in response t are hereby rejected as late." this solicitation, if azrly, . Person Receiving Bid(s) on recei -d (12) . d(s) on behalf • Capital Improvement Pram City Department PREPARED BY: Deputy City Clerk Today's Date :C€TY.OF.MIAML,,FLORIDA . llidTER OFFICE'MEMC)RANDUM TO: Carlos A. Migoya DATE: September 10, :201 0 FILE: City Manager FROM: Alice N. Bravo, P.E., Director Capital improvements Program SUBJECT: Restoration and .Renovation of Historic Fire Station No. 2 B-30579 REFERENCES: .Bid No, 09-10-018 .ENCLOSURES: Ordinance 1.3045 Bid:Security List Recommendation Based on the review and findings :stated below, Capital Improvements Program (CIP) is making a recommendation to reject -the bids .of the four lowest bidders and award the Project to the fifth lowest bidder, .Edgewater Construction Group, Inc. (`.`Edgewater"). Background CIP received 12' bids on August 17, 201.0, in :response to Invitation to -Bid (ITB) No..09-1.04)18 'for:the Restoration..and Renovation of'HistoricFireStation No. 2. Bidders were required to hold a current certified license as a :General Contractor :or Building -Contractor 'from the ;State -:of Florida and :must have a minimum of 'five ;(5) years -experience. under its current business name, in the .construction Of similar projects including five (5) separate project ..references for -Completed Projects of similar size, scope., and :complexity, supported by references within the past five years ...including serving :as. the General Contractor of at least one :(1:) :substantial .restoration and renovation .of a historic .structure or buildinct. The Bidder :must :self -perform at least twenty percent (20%) of the physical .construction work :and :have :completed .at .least one recent historic building restoration project -with :experience.in .at least two .(2) .of :the following .areas of construction work:.:sel:ective demolition and stabilization of the structure; corrosion and concrete :spall repairs; .shotcrete- placement .and:heavy.timber.and structural steel construction". The attached Bid :Security List reflects J.B. Builders & Contractors., Inc., dtb/a 'Ballarena Construction ("Ballarena"), as the .lowest bidder. Ballarena included two historic renovation/restoration projects with their five reference letters. CIP confirmed with the project owner, the City of Miami Beach, that Ballarena was not the .General Contractor. Ballarena's current project manager was at the time of construction for .this particular historic project, actually employed by the project Owner and was in fact the project manager for the City of Miami Beach. The second historic project reference stated the completion date was in 2003 and Ballarena has been in business since 2005, so again, they were not the GC and are non- responsive. The second lowest bidder Grace and Naeem Uddin, Inc., did not include a referenceletter for a historic renovation/restoration project in their submittal and their remaining letters did not match the size or scope for this project making them non -responsive. Third lowest bidder Link Construction Group, Inc., ("Link"), did include a historic renovation/restoration project reference letter, but stated in their submittal Questionnaire form, that they would be self -performing only :2% of the physical construction work identified as "cleaning, installation of .doors and hardware", Additionally, :Link submitted a subcontractor utilization ("SU") form in their bid which .detailed the construction work that the subs would :perform totaling approx. 90%. The minimum :requirement states the Bidder must self -perform ,at least20% of -the physical construction work, which makes Link non -responsive. The fourth lowest bidder :is Team Contractors Inc., ("Team") who did not use the correct bid form which was included with Addendum No.5 :and posted on the CIP website. This form had been revised:to include.an alternate bid item and two unit price bid items, which were not factored into their total lump sum bid price'therefore, Team is non -responsive. GIP has:deemed. Edgewater Construction Group, Inc„ ("Edgewater"):the fifth lowest.bidder:to be the. lowest responsive and.respo.nsible Bidder. Based on CIP's thorough due diligence process, Edgewater met all the minimum requirements providing a reference letter as the prime contractor for a recent historic :renovation/restoration :project that was verified by the project owner and :as :confirmed in their submittal, :possess more than sufficient construction experience with both Historic Building renovation/restoration ,and .array of other building projects :.of similar size, scope: and complexity. Their: bid price is also well below the project's construction budget. :and CIP recommends that they beawardedthis Project. Contract Execution The City Commission delegated to the City Manager the authority to execute a Contract for this project in accordance with the :current -"Attachment: A" of Ordinance 130415, "Economic Stimulus. Awards. and Agreements:" Upon approval, we will commence the. process required: for award of ;a contract. Approved:by: City:Manager • :Date: C: Kenneth Robertson,: Director, Purchasing Dept Mark Spanioii, P..E., Director ofEngineering and Construction, CRA Nelson Cuadras, Sr. Project Manager, vertical construction, CIP Marcel.Douge, RA, LEED AP, Sr. Project Manager, vertical design, :ClP Fernando M. Paiva, Jr, AIA, LEED AP, NCARB, Project`Manager, :CIP Richard Pope, Construction Manager II, CIP Erica Paschal, :CPA, Accountant Supervisor, CIP City of Atianti KENNETH ROBERTSON Chief Procurement Officer April 6, 2011 Jorge Bal!arena, President J.B. Builders & Contractors, Inc., D/B/A Ballarena Construction 3727 SW 8 Street, Suite 105 Coral .Gables, Florida 33134 TONY E. CRAPP, JR. City Manager VIA FACSIMILE, E-MAIL and U.S. MAIL 305-441-8111; ib(@ballarenagroup.com; robert.fernandez(a)rhflaw.com; RE: IN RESPONSE TO YOUR WRITTEN PROTEST AND INCORPORATED MEMORANDUM OF LAW: CITY OF MIAMI INVITATION TO BID (ITB) NO. 09-10-018 — RESTORATION AND RENOVATION OF HISTORIC FIRE. STATION NO. 2, CIP PROJECT B-30759 Dear Mr. Ballarena: The City of Miami received the subject written protest submitted by J.B. Builders & Contractors, Inc., D/B/A Ballarena Construction (Ballarena) on October 1, 2010 (Attachment 1), relative to the above - referenced Invitation to Bid ((TB) No. 09-10-018 (Project). Pursuant to my duties under Section 18-104(b) of the City of Miami Code, Resolution of Protested Solicitations and Awards, Authority to Resolve Protests, I have completed my due diligence review, of your protest. The results of my review are as follows: BALLARENA'S SUBSTANTIVE PROTEST ALLEGATIONS: - Ballarena's Proposal was complete and responsive to all material terms of the ITB. CIP determined that Ballarena had not been (within the past five years) the General Contractor of at (east one (1) substantial restoration and renovation of a historic structure or building. CIP incorrectly or inadvertently concluded that Ballarena had only included two (2) prior historic renovation / restoration projects with their reference letters.. - CIP overlooked an additional completed Ballarena project reference for the Tides Hotel at South Beach, the scope of which was selective demolition and concrete restoration on historic hotel. - Ballarena submitted a prior project reference for the Tides Hotel on South Beach from Angel Santiago, Chief Engineer of the Tides Hotel, dated November 14, 2007, and not on the City of Miami Reference Letter Form, due to the fact that Ballarena was unable to obtain the execution of said reference on the requisite form prior to the ITB submission deadline. The City of Miami's Procurement Ordinance governs the determination of this protest. April 6, 2011, Response to Ballarena Protest Page 2 A disqualification for a "minor irregularity" regardless of substantive importance or determination of competitive advantage is contrary to the City of Miami Code, the ITB and well established procurement law and public policy. The Capital Improvements Program's action in disqualifying Ballarena is contrary to public policy promoting competition to provide the best value for the taxpayer. RESPONSE: The ITB defines the location of the Project as: Old Fire Station No. 2, located at 1401 North Miami Avenue, Miami FL 33126 The iTB defines the Project's scope of work as follows: The Work specified in this Bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services, and incidentals necessary to perform the following Work at a rate of progress that will ensure completion of the Work within the stipulated Contract Time. Construction work to rehabilitate the historic Fire Station No. 2, a 1926 two story CBS structure approximately 10,500 SF (5,250 SF per floor). The work is for the strengthening of the structural systems of the building and includes selective demolition, construction of a new roof system, the strengthening of beams, columns, floors and walls and related work as described in the plans and specifications. The ITB's Minimum Requirements state: Prospective Bidder shall hold a current certified license as a General Contractor or certified Building Contractor from. the State of Florida and must have a minimum of five (5) years experience under its current business name, in • the construction of similar projects including five (5) separate project references for Completed Projects of similar size, scope, and complexity, supported by references within the past five (5) years including serving as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building. The Bidder must self -perform at least twenty percent (20%) of the physical construction work and have completed at least one recent historic building restoration project with experience in at least two (2) of the following areas of construction work: selective demolition and stabilization of the structure; corrosion and concrete shall repairs; shotcrete placement and heavy timber and structural steel construction. All bids shall be submitted in accordance with the Instructions to Bidders. Section 1 — Instructions for Submission, Article 9, Preparation of Bid, states: All Bids must be made upon the blank City forms provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the City's forms, or fully complete said forms will result in a determination that the Bid is non -responsive. The iTB minimum requirements are extremely clear that Prospective Bidders must submit five (5) separate project references for Completed Projects ofsimilar size, scope, and complexity, supported by references within the past five (5) years including serving as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building. Please note that the word "the" is used in front of General Contractor and not "a", which carries a specific industry -accepted April 6, 2011, Response to Ballarena Protest Page 3 and standard meaning: that "the General Contractor" is the same as the "Prime General Contractor", and not a General Contractor working as a sub -contractor to the Prime General Contractor. Serving as a General Contractor and not the Prime General Contractor on a substantial restoration and renovation of a historic structure or building project does not meet this critical minimum ITB experience requirement. Ballarena asserts that their bid submittal was complete and responsive to all material terms of the ITB. Ballarena's bid submittal included five (5) reference letters as required, including two (2) reference letters for the following historical renovation projects: 1. Restoration of the Henry Flagler Memorial on Monument Island (Historical) 2. CRE Development Headquarters (Historical) For the Restoration of the Henry Flagler Memorial on Monument Island Project (Flagler Memorial), Ballarena, however, was NOT the General Contractor. Team Contracting, Inc., was the General Contractor for this project. Additionally, please reference Ballarena's Flagler Memorial project reference submitted by City of Miami' Beach Assistant Planning Director William H. Cary, dated August 5, 2010 (Attachment 2). In this reference, and, in combination with supporting due diligence e-mail documentation (Attachment 3), it is clear that Mr. Hiram Siaba was working for the City of Miami Beach as the Owner's Project Manager for this project, not as an employee of Ballarena. The ITB requires that the Bidder verify experience in the construction of projects of a similar size, scope and complexity by providing project references for completed projects that were constructed by the Bidder. References fora Project Manager that is now currently employed by Ballarena that worked on the Flagler Memorial Project in a different capacity and for a different employer do not verify Ballarena's construction experience as a company. This project reference is invalid and materially non -responsive to the ITB minimum requirements. Additionally, Ballarena made several material misrepresentations on its Bid Questionnaire (Attachment 4). Please note the following language: By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. In Section B, Project Management & Subcontract Details, Ballarena lists Mr: Hiram G. Siaba as the proposed Project Manager for the subject ITB. Ballarena certified that Mr. Siaba has been employed by Ballarena for 5 years and that he worked on the Restoration of the Henry Flagler Memorial Monument "with the company [Ballarena]" (Attachment 3: Sections B.1 a, B1 b and Bid). In a confirming due diligence e-mail from City of Miami Beach Assistant Planning Director William H. Cary, dated October 19, 2010, Mr. Hiram Siaba was an employee of the City of Miami Beach up through the spring of 2010. How then, could Mr. Siaba have been employed by Ballarena for 5 years and have worked on the Restoration of the Henry Flagler Memorial Monument on behalf of and "with the company [Ballarena)"? This inaccuracy renders the certification of the Project Manager materially non- responsive. Additionally, failure to uphold a satisfactory record of integrity by making and certifying material misrepresentations in Ballarena's Bid Questionnaire, in accordance with Section 18-95 (c) (3) of the City of Miami Procurement Code, renders Ballarena's bid submittal for the subject Project non - responsible. For the CRE Development Headquarters Project (CRE) (Attachment 5), Ballarena was NOT the General Contractor. Edgewater Construction Group, Inc., was the General Contractor for this project. Please find enclosed: 1) the executed contract between CRE Development / Harvey Road L.O.C. and Edgewater Construction' Group, Inc. (Edgewater), dated July 18, 2001, for this project; 2) a letter from Edgewater President Ulysses Vazquez dated October 29, 2010, that confirms that Mr. Jorge Ballarena and Mr. Hiram Siaba were previous Edgewater employees and were not the project managers for the CRE project (Attachment 6). The ITB requires that the Bidder verify experience in the construction of projects of a similar size; scope and complexity by providing project references for completed projects that were constructed by the Bidder. References for previous Edgewater employees that are now currently employed by Ballarena that worked on the CRE Project in a different capacity and for a different employer April 6, 2011, Response to Ballarena Protest Page 4 do not verify Ballarena's construction experience as a company. This project reference is invalid and materially non -responsive to the ITB minimum requirements. Moreover, the fact that Ballarena would submit the Restoration of the Henry Flagler Memorial on Monument Island and the CRE Development Headquarters project references as their own completed historical project references when evidence clearly exists to the contrary, further supports Ballarena's failure to uphold a satisfactory record of integrity in accordance with Section 18-95 (c) (3) of the City of Miami Procurement Code. The inclusion of these materially non -responsive project references in Ballarena's bid submittal renders same non -responsible. For the Tides Hotel at South Beach Project (Tides Hotel) (Attachment 7), this project reference was not submitted on the City of Miami Project Reference Form as required by Section 1, Article 9 of the ITB and Section D of the Supplemental ITB Questionnaire. Section 1 — Instructions for Submission, Article 9, Preparation of Bid, states: All Bids must be made upon the blank City forms provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the City's forms, or fully complete said forms will result in a determination that the Bid is non -responsive. [emphasis added] ITB Supplemental Questionnaire, Section D, Bidder's References, states: Bidders are to include a minimum of five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The February 11, 2011, Affidavit of Jorge Ballarena in Support of Written Protest and Incorporated Memorandum of Law (Affidavit) (Attachment 8), states, "2. [I]n 2007, Ballarena Construction was hired by the Tides Hotel at South Beach to perform selective demolition andconcrete restoration on this historic South Beach hotel." Thedocument elaborates, stating "3. [T]he scope of services for the Tides Hotel at South Beach for the selective demolition and concrete restoration included: restore concrete foundations; restore concrete columns, restore concrete beams and tie beams; and restore concrete stairs." As Ballarena is unable to provide an executed copy of their contract with the Tides Hotel, alternate resources must be relied upon to determine if the stated work was completed. Ballarena's Affidavit further states that "no permits were pulled due to the fact that these scope of services fell within the forty (40) year re -certification process." In response to a confirming due diligence City of Miami e-mail regarding whether a scope of work similar to what Ballarena describes as having completed at the Tides Hotel would require a building permit, Mr. Mohsen Jarahpour, Chief Engineering. Inspector for the City of Miami Beach, indicates: "[A]ccording to Florida Building Code •Section 105, [a] building permit is required for the mentioned repairs and corrections." Mr. Jarahpour was further able to perform a search of the permit records for the Tides Hotel, concluding: "[O]ur records indicate that Ballarena Construction Company has not received any building permit from the City [o]f Miami Beach for 1220 Ocean Drive." (Attachment 9) The absence of a record for a building permit for this project is consistent with Ballarena's Affidavit as mentioned above. The absence of a permit, however, isinconsistent with Miami -Dade County Ordinance 8-11 (f), which mandates that when a building is due for 40- or 10-year building re -certification, the owner must hire a State of Florida registered professional engineer or architect to perform inspection and prepare reports to certify that the building is structurally and electrically safe for the specified use and continued occupancy. In the event that repairs or modifications are found to be necessary resulting from the building recertification inspection, the property owner must hire a licensed contractor to obtain the required permits from -the Building Department to' correct repairs or modifications as required by Florida Building Code Section 105. April 6, 2011, Response to Ballarena Protest Page 5 Additional irregularities exist with the documentation regarding the Tides Hotel project reference. Exhibit "B" of the Affidavit is described as a "Walk Through Report" for the scope of services. Exhibit "B" contains sheet E-1 from a set of construction documents prepared in '1996 as part of prior renovations at the Tides Hotel. All three (3) firms who participated in the design and preparation of these plans confirmed that the 1996 plans had not been updated for work conducted in 2007 and should not have been used for any purpose other than the prior renovation. The remaining pages of Exhibit "B" of the Affidavit are pages excerpted from an undated "Proposal Contract." Exhibit "B" is not a report of completed work and in no way provides evidence that Ballarena was a Prime General Contractor for any work conducted at the Tides Hotel, historic or otherwise. Ballarena, by and through its 1) bid submittal; 2) Written Protest and Incorporated Memorandum of Law; and 3) Affidavit, is claiming construction experience for $587,310 of concrete foundations, columns, beams, tie beams and stairs restoration work on an historic hotel that was performed without a building permit as required by Florida Building Code Section 105. The documentation submitted by Ballarena in support of the Tides Hotel project reference is both incomplete and misleading. Ballarena's sworn statement in the Affidavit that "no permits were pulled due to the fact that this scope of services fell within the forty (40) year re -certification process" is contrary to the requirements of Florida Building Code Section 105. This project reference is invalid and materially non -responsive to the ITB minimum requirements, both in terms of form and substance. In conclusion, as the Chief Procurement Officer, Ballarena's bid submittal for the subject Project is materially non -responsive. Ballarena has failed to meet the minimum requirements of ITB 09-10-018 which clearly identifies that Prospective Bidders must submit five (5) separate project references for Completed Projects of similar size, scope, and complexity, supported by references within the past five (5) years including serving as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building. A "responsive bid" is defined as a bid that contains all information required by the ITB. Intercontinental Properties, Inc. v. State Dept of Health & Rehabilitative Services, 606 So. 2d 380 (Fla. 3`d DCA 1992). By failing to meet the requirements of the ITB, specifically by failing to submit one (1) valid and responsible project reference where Ballarena served as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building, Ballarena's bid is incomplete and, therefore, non -responsive. Furthermore, material false statements made by Ballarena in its Bid Questionnaire and material statements. that are contrary to Florida Building Code Section 105 in the Affidavit, document an unsatisfactory record of integrity. As a result, and, in accordance with Section 18-95 (c) (3) of the City of Miami Procurement Code, Ballarena's bid submittal for the subject Project is also hereby deemed non -responsible. Competitive bidding statutes were enacted for the protection of the public and to assure them that the acceptance of a bid is, in fact, the lowest and best bid received, as well as the one that is in the best interest of the City. Pandya v. Israel, 761 So. 2d 454 (Fla. 4th DCA 2000). Therefore, in reviewing ITB bid responses, the public's protection should always be kept in mind. Statutes require that the bidder be the "lowest responsible" bidder, which is not literally the lowest dollar and cents bidder, but rather the bidder who can faithfully perform the contract upon "his skill and business judgment, his experience and his facilities for carrying out the contract, his previous conduct under other contracts and the quality of his previous work." Enq'q Contrs. Ass'n of S. Fla., Inc. v. Broward County, 789 So. 2d 445, 451 (Fla. 4th DCA 2001) (quoting 64 Am. Jur. 2d Public Works & Contacts, §70, at 927-28). Clearly, through performing its due diligence and recognizing that there were obvious misrepresentations in Ballarena's bid submittal for the subject Project, the City's Capital Improvements Department was proper in rendering Ballarena's bid non- responsive and rejecting the bid. I am recommending to the Miami City Commission to deny/reject the protest of Ballarena Construction and uphold the City Manager's Recommendation of Award Memorandum dated September 10, 2010, and signed by the City Manager on September 14, 2010. The City, by and through its Department of Capital Improvements,stands by its award for the. Restoration and Renovation of Historic Fire Station No. 2 Project B-30579-to Edgewater Construction Group, Inc., as the lowest responsive and responsible bidder. April 6, 2011, Response to Ballarena Protest Page 6 The City Manager and City Attorney's signatures below affirm their concurrence with the Chief Procurement Officer's recommendation. At this time, should Ballarena Construction re -consider and decide to withdraw your formal bid protest before this item is formally presented to the City Commission, please indicate below accordingly. In accordance with Section 18-104(a)(2)(f), if your protest is denied by the City Commission, the filing fee shall be forfeited to the City in lieu of payment of costs for the administrative proceedings as prescribed by Section 18-104(a)(2)(e). Thank you. Respectfully, Kenneth Robertson Chief Procurement Officer / Director of Purchasing Tony E. Crapp, Jr. City Manager Julie O. City Attorney April 6, 2011, Response to Ballarena Protest Page 7 J.B. Builders & Contractors, Inc., D/B/A Ballarena Construction, is hereby withdrawing its formal bid protest dated October 1, 2010, in response to ITB 09-10-018. Upon receipt of Ballarena's affirmative response before this item is presented to the City Commission for approval, the City shall return Ballarena's protest filing fee. If, however, Ballarena does not wish to withdraw its protest, Ballarena will be notified of the day the City Commission will hear this item and render its decision. The protests are not time -certain items and you must be present on such date to be heard. The City Commission's decision on this matter, once made, will be the final decision of the City of Miami. Yes, Ballarena Construction is withdrawing its formal bid protest: Jorge Ballarena, President Date No, Ballarena Construction is not withdrawing its formal bid protest: Jorge Ballarena, President Date Encl: Attachments (9) KR: mn/kr TTAC NT 1 OFFICE OF THE CITY CLERK CITY OF MIAMI Z a J.B. BUILDERS & CONTRACTORS, INC. D/B/A BALLARENA CONSTRUC'1ION Petitioner, v. CITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM Respondent. IN RE: PROTEST OF SEPTEMBER 14, 2010 RECOMMENDATION OF AWARD OF CONTRACT FOR ITB NO. 09-10-018 (RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2 B-30579) WRITTEN PROTEST AND INCORPORATED MEMORANDUM OF LAW COMES NOW, J.B. Builders & Contractors, Inc. d/b/a/ Ballarena Construction ("Ballarena"), by and through its undersigned counsel, hereby files the instant Written Protest and Incorporated Memorandum of Law in support of its Written Intent to Protest filed on September 24, 2010, to the recommendation of award on Invitation to Bid No. 09-10-018 to provide restoration and renovation of historic Fire Station No. 2 (the "ITB") and states as follows:1 I. FACTUAL AND PROCEDURAL BACKGROUND The Deparliitent of Capital Improvements Program (the "CIP") on behalf of the City of Miami (the "City") solicited proposals from qualified contractors to provide construction services to rehabilitate the historic Fire Station No. 2, a 1926 two story CBS structure approximately 10,500 square feet. The construction work included the strengthening of the structural systems of the building and includes selective demolition, construction of a new roofing system, the strengthening of beams, columns, floors and walls and related work as described in the plans and specifications. See Invitation to Bid No. 09-10-018 For Restoration and Renovation of Historic Fire Station No. 2 B-30579, Section 1.2 attached hereto as Exhibit 1. On August 17, 2010, Ballarena timely filed its response to the ITB (the "Proposal"). Ballarena's Proposal was complete and responsive to all material terms of the ITB. The CIP specifically stated in the ITB that as minimum requirements: Prospective Bidder shall hold a current certified license as a General Contractor or certified Building Contractor from the State of Florida and must have a minimum of five (5) years experience under its currentbusiness name, in the construction of similar projects including five (5) separate project references for Completed Projects of similar size, scope,- and complexity, supported by references within the past five years including serving as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building. In the Written Intent to Protest, undersigned counsel incorrectly referred to the ITB number as 09-10-0198 instead of 09-10-018 in a scrivener's error. The correct ITB No. 09-10-018 is identified herein. . See Invitation .to Bid No. 09-10-018 For Restoration and Renovation of Historic Fire Station No.-2 B-30579, Addendum. No: 1 attached hereto as Exhibit 2. On September 22, 2010, the CIP notified Ballarena of the City Manager's recommendation of award in connection with the ITB. The City Manager recommended that the contract should be awarded to Edgewater Construction Group, Inc. ("Edgewater"). See City Manager Recommendation for ITB Bid No. 09-10-018 for Restoration and Renovation of Historic Fire Station No. 2 B-30579 dated September 14, 2010, attached hereto as Exhibit 3. Despite being the lowest bidder of any proposal submitted to CIP and $289,057.00 less than Edgewater's proposal, the City Manager, upon recommendation of CIP, deemed Ballarena's Proposal "non- responsive." Specifically, CIP determined that Ballarena had not been (within the past five years) the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building. See Exhibit 3. Contrary to the City Manager's recommendation, on August 17, 2010, Ballarena filed a Proposal in response to the ITB that was intended to be, and was, complete and responsive to all material terms of the ITB. See Proposal filed by Ballarena in Response to ITB on August 17, 2010, attached hereto as Exhibit 4: CIP either incorrectly or inadvertently concluded that Ballarena had only included two (2) prior historic renovation/restoration projects with their five reference letters. See Exhibit 3. In reference to the two (2) identified projects [the Henry Flagler Memorial : Project and the CRE Development Headquarters Project], CIP determined that neither of these indentified projects qualified for Ballarena as "serving as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building' within the past five years.2 However, overlooked by CIP was the fact that submitted in the Proposal was an additional completed project reference that complied with this requirement ---the Tides Hotel at South Beach. See Exhibit 4, Tab 4 (emphasis added). Specifically, in addition to the Henry Flagler Memorial Project and the CRE Development Headquarters Project, Ballarena identified the scope of the project for the Tides Hotel at South Beach as "selective demolition and concrete restoration on historic hotel." See Exhibit 4, Tab 4 (emphasis added). Due to the fact that Ballarena was unable to obtain the execution of the City of Miami Reference Letter Form ("Reference Letter Form") by the appropriate representative of the Tides Hotel prior to the ITB submission deadline, Ballarena included in his Proposal [immediately following the page that identified the Tides Hotel as a prior project reference] a previous reference letter from Angel Santiago, Chief Engineer of the Tides Hotel, dated November 14, 2007, wherein he specifically described the restoration and renovation work performed by Ballarena [as a General Contractor] on a recognized historic building inthe recognized Historic District of Miami Beach. See Exhibit 4, Tab 4 (emphasis added). Other than not submitting the Prior Project Reference for the Tides Hotel on South Beach on the Reference Letter Form [a reference letter for the Tides 2 Although it is worth noting for the record that both of these completed project references provide for Ballarena substantial experience with restoration and renovation of a historic structure or building. See Exhibit 4. Hotel was timely submitted], Ballarena's Proposal was timely, responsible, responsive and the lowest bidder on the ITB. II. SUMMARY OF ARGUMENTS A. City of Miami Procurement Ordinance governs the determination of this protest. The "arbitrary and capricious" standard is not applicable herein because the City Manager/CIP Recommendation is not agency action until voted upon by the City of Miami City Commission. (But rather the opinion of the CIP) B. A disqualification for a "minor irregularity" regardless of substantive importance or determination of competitive advantage is contrary to the City of Miami Code, the ITB and the well established procurement law and public policy. C. The CIP's action in disqualifying Ballarena is contrary to public policy promoting competition to provide the best value for the taxpayer. III. MEMORANDUM OF LAW A. Governing Legal Standards The issue to be resolved in this written protest is whether the determination by the City's CIP that Ballarena was "non -responsive" for failure to have submitted the prior project reference letter for the Tides Hotel on South Beach on the "Reference Letter Form" as required as part of its Proposal is contrary to Article III. Section 18-104(a)(2)b. of the Code of the City of Miami ("Code"), or other the legal principles, policy, procedures, or regulations governing public contracting in the City of Miami and the State of Florida. The oft -cited cases by public agencies to defend their procurement decisions include Department of Transportation v. Grove -Watkins Constructors, 530 So.2d 912 (Fla. 1988) and Liberty County v. Baxter Asphalt, 421 So. 2d 505 (Fla. 1982), These cases stand for the proposition that the procurement decisions of public agencies may not be overturned absent a finding of illegality, fraud, oppression, misconduct or arbitrary 5 and capricious conduct. This body of case law evolved from the fundamental premise that under a system of "separation of powers a court or arbiter may not intrude upon or exercise powers of the executive or legislative branch. It is limited simply to reviewing the legal validity of such actions.. Thus, this higher standard is applicable only to a decision of the City Commission of the City of Miami, which is the governing body of the "agency" (the City of Miami), or to the City Manager and/or the CIP only when it is acting under delegated authority to take "final agency action" and award a contract. The City Commission has given the City Manager and the CIP [here the Chief Procurement Officer] significant latitude in administering the procurement process and creating rules and regulations. However due to the monetary size of this proposed contract, it has clearly reserved the right to make final determinations of award in this ITB process when a bid -protest has been filed. (See, Article III, Section 18-104(b) of the Code Authority to resolve protests.)("The chief procurement officer shall have the authority, subject to approval of the city manager and the city attorney, to settle and resolve any written protest...In cases involving more than $25,000.00,.the decision of the chief procurement officer shall be submitted for approval or disapproval thereof to the city commission after a favorable recommendation by the city 'attorney and the city manager"). Hence, the recommendation of award of this ITB is considered an advisory opinion to the City Commission and does not constitute "agency action" as such term is defined in Florida case law. In order to prevail in its protest, Ballarena must establish by the evidence presented in the Written Protest that it was clearly arbitrary and capricious for the CIP to disqualify its Proposal-- that was responsive in all material respects —but for the failure to include a prior project reference letter for the Tides Hotel at South Beach on the Reference Letter'Form. We respectfully suggest that the evidence will demonstrate not only that Ballarena's omission constitutes a minor irregularity that is within the CIP's discretion to waive, but also that failure to do so has the effect of stifling competition in clear contravention to State and City public policy. B. A disqualification for a "minor irregularity" regardless of substantive importance or determination of competitive advantage is contrary to the Code, the ITB, and well established procurement law and public policy. Pursuant to the ITB's own language, in order for the proposal to be responsive it states the following: Section 1—Instructions for Submisison-9. Preparation of Bid All bids must be made upon the blank City foiuis provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the City's foiuis, or fully complete said forms will result in a determination that the Bid is non- responsive. • Addendum No. 1—Changes to Contract Documents--4. Section 5- Attachments: The City of Miami Reference Letter foiiii has been revised with the name Kenneth Robertson, .Assistant Director for Procurement and Administration. Use this revised form posted on the CIP website with Addendum No.1. Section 1—Instructions for Submisison-14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole discretion, conduct site visits, require the Bidder to furnish documentation and/or require the contractor to attend a meeting to determine the Bidder's qualifications and ability to meet the. terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed by the Contractor and past performance on City Projects. 7 See Exhibit 1. Clearly, in reading these provisions of the ITB there is contemplated an exercise of reasonable discretion by the CIP in.reviewing any "irregularities" that may or may not result in a proposal being deemed non -responsive. Although the City's Code does not define what is meant by "irregularities", a review below of Florida case law will be instructive as applied to the facts herein. In reference to the lack a prior project reference within the last five (5) years wherein Ballarena served as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building, it appears that the CIP did not review and/or perform any due diligence to determine whether the Tides Hotel at South Beach met this ITB requirement. It is unclear whether it was inadvertent or due to the lack of a Reference Letter Form for the Tides Hotel at South Beach. Alice N. Bravo, the Director of CIP, sent an interoffice memorandum to City Manager Carlos A. Migoya wherein it appears that the only prior project references that were reviewed to meet this requirement were Henry Flagler Memorial and the CRE Development Headquarters Projects: The attached Bid Security List reflects J.B. Builders & Contractors, Inc., d/b/a Ballarena Construction ("Ballarena") as the lowest bidder. Ballarena included two historic renovation/restoration projects with their five reference letters. CIP confirmed with the project owner, the City of Miami Beach, that Ballarena was not the General Contractor. Ballarena's current project manager was at the time of construction for this particular historic project, actually employed by the project Owner and was in fact the project manager for the City of Miami Beach. The second historic project reference stated the completion date was in 2003 and Ballarena has been in business since 2005, so again, they were not the GC and are non -responsive. See Exhibit 3. It is worth noting that CIP was able .to determine that Ballarena's current project manager was at the time of construction of the Henry Flagler Memorial Project 8 the Project Manager for the City of Miami Beach based on due diligence that it performed bycontactingthat particular reference... See E-mails exchanged between CIP employee Cecelia Wilson and City of Miami Beach employee William Cary dated August 23, 2010 attached hereto as Exhibit 5.3 CIP could also have easily inquired and done due diligence based on the Prior Project Reference listing and the immediately following attached reference letter for the Tides Hotel on South Beach included in the very same section of the Proposal as the other Reference Letter Forms to determine further if this project met the requirement of Ballarena serving as the General Contractor of at least one (1) substantial restoration and renovation of a historic structure or building within the past five (5) years. See Exhibit 4. Further, the reference letter submitted by Ballarena for the Tides Hotel on South Beach had all the required pertinent information that was being sought by CIP in the Reference Letter Form. Compare Tides Hotel on South Beach reference letter to Reference Letter Form. Id. (emphasis added). As a prior project reference, Ballarena provided a reference letter for the Tides Hotel on South Beach withall the requisite information although not on the Reference Letter Form due to its inability to obtain it executed prior to the deadline for ITB submission. Any failure of Ballarena to have a single Reference Letter Fouii not completed when considered in the context of all other prior project references were completed on the Reference Letter Fauns contained in Ballarena's Proposal should be considered a minor irregularity and waived. Ballarena clearly intended to provide references for all prior relevant projects [and did] and submitted a timely response to the 3 The further irony is that CIP confirmed that Ballarena's current project manager and a key person for completion of the project herein was the Project Manager for the City of Miami Beach on a historic restoration and renovation of a building that was done ahead of schedule and under budget —and won the Miami -Dade Heritage Trust's top award. See Reference Letter Form for Henry Flagler Memorial on Monument Island attached hereto as part of Exhibit 4, Tab 4. solicitation. Rejection of Ballarena's Proposal for minor irregularity, such as omitting one Reference Letter Form [evenwhenyouhave an "actual" reference letter for that prior project], would constitute arbitrary and capricious action. Ballarena concedes that it appears that the use of the Reference Letter Form for prior project references was mandatory. However, the fact that a term or condition is stated in mandatory terms does not necessarily mean that a failure to comply with such term or condition renders a proposal non -responsive. In order for an omission to justify disqualification it must be both mandatory and material. Much of the terminology of procurement law in Florida jurisprudence stems from Florida's Administrative Procedures Act, Chapter 120, Florida. Statutes. The Florida Administrative Code also provides the general format and context for public contracting procurements. Therefore, the definitions contained therein are instructive in this matter. Rule 67-49.001 (15) defines "minor irregularity" as follows: "Minor Irregularity" means a variation in a mandatory term or condition of an Invitation to Bid, Invitation to Negotiate, Request for Proposal or Request for Qualifications that does not materially affect the price of the commodity or service, or give the Bidder or Offeror an advantage or benefit not enjoyed by other Bidders or Offerors, and does not adversely impact the interests of the Corporation or the public. (emphasis added) See also Section, 420.507, Fla. Stat. Rule 67-49.009 defines the circumstances under which a "waiver" is appropriate: The [agency] may waive Minor Irregularities in a Response when it is in the [agency] or the public's best interest to do so. See also Section 420.507, Fla. Stat. Indeed, failure to provide any information or document which is "optional" and not required is not an "irregularity" because by viture of being optional and "non - mandatory", the failure to submit the information does not affect the ability of the 10 procuring agency to properly evaluate the ability of the proposer to perform the services. Therefore, an "irregularity" can only occur in the context of a mandatory term or condition of the ITB. Florida law clearly holds that in order for a proposal to be non -responsive to the teiins and conditions of an ITB, proof of an irregularity or variance in a mandatory term is simply not sufficient evidence upon which a finding of non -responsiveness can be made. In effect, the fact that an irregularity exists, at best, creates a prima facia presumption of non-conformance. However, the regulations and case law inform the public agencies that additional factors must be evident in order to conclude that an irregularity warrants disqualification. In Robinson Electrical Co., Inc. v. Dade Co., 417 So. 2d 1032, 1034 (Fla. 3'd DCA 1982) the court set forth the, analysis for determining what constitutes a material variance or irregularity. The court stated: In determining whether a specific noncompliance constitutes a substantial and hence nonwaivable irregularity, the courts have applied two criteria -first, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition. In application of the general principles above discussed, sometimes it is said that a bid may be rejected orr disregarded if there is a material variance between the bid and the advertisement. A minor variance, however, will not invalidate the bid. In this context a variance is material if it gives the bidder a substantial advantage over the other bidders, and thereby restricts or stifles competition. (emphasis added) Id. at 1034. 11 Following this well -settled legal principle, the instant ITB allows the City to waive minor irregularities: The administrative decision of First Communication, Inc. v. Department of Corrections, 07-0630BID, 2007 WL 1047591 (Dept. of Admin. Hr'gs. April 05, 2007) is also instructive here. In First Communication, the second lowest bidder, First Communication, filed a bid protest challenging the Department of Corrections (the "Deportment") proposed award to the lowest bidder, CES, as arbitrary and capricious based upon the bid's failure to comply with a mandatory requirement of the Invitation to Bid ("ITB"). Section 5.1.2 of the ITB stated: "It is mandatory that the bidder supply one (1) original signed Bid and three (3) copies of the signed bid." While CES had provided the three copies of the Bid, it had inadvertently omitted the original signed copy. As a result of the omission, the Department contacted CES and gave it 24 business hours to "cure" the deficiency. , CES then delivered the original signed bid to the Department three days after the bid submittal deadline in the ITB, but within the 24-business hour deadline given by Department, for curing. The ITB further defined "Mandatory ,Responsiveness Requirements" as "[t]erms, conditions or requirements that must be met by the bidder to be responsive to this solicitation. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed." Thus, as under the instant facts, CES had inadvertently failed to comply with providing a technical but mandatory requirement under the ITB. In finding that the Department did not act arbitrarily and capriciously in waiving this expressly required component of the ITB, the Hearing Officer explained that this 12 requirement had to be read in light of the established law of Florida and the public policy behind competitive bidding and the other portions of the ITB: However, the Department's duty to reject and not further review bids that fail to meet the mandatory responsiveness requirements must be read in pari materia with the Department's authority in the ITB (and well -established case law) to waive minor irregularities in bids that do not give one bidder an economic advantage over other bidders. The deficiencies in the bid submitted by CES -- e.g., the failure to include the original bid with the three copies submitted on February 15, 2006, and the reference to a 15-day turnaround time rather than the eight -day turnaround time-- did not confer an economic advantage on CES, and were not shown to be material deviations from the requirements of the ITB. Thus, the Department was authorized by the ITB and well -established case law to waive those deficiencies. First Communication, Inc., 2007 WL 1047591 at *5. The decision is instructive in demonstrating that the omission of an expressly mandatory requirement does not equate to a non -responsive or materially nonconforming proposal but must be read "in pari materia" with the relevant rules and policies behind competitive bidding. Therefore, disqualifying Ballarena for what is, at worst, a minor irregularity, clearly violates well -established Florida procurement law. Moreover, in City of Pensacola v. Kirby, 47 So. 2d 533, 535-536 (Fla. 1950), the Florida Supreme Court stated: [T]he law does require that where discretion is vested in a public agency with respect to letting public contracts on a competitive basis, the discretion may not be exercised arbitrarily or capriciously but must be based upon facts reasonably tending to support the conclusions reached by such agency. (emphasis added) Id. at 535-536. To frame the issue in the proper context, it must be emphasized that it appears that CIP is not alleging that Ballarena failed to provide anything required iy the ITB. .The sole justification for its disqualification is that it failed to provide the same information exact information in the Reference Letter Form unless the CIP inadvertently 13 did not even review the Tides Hotel on South Beach as a prior project reference despite its inclusion in the appropriate section of the Proposal. In the instant matter, the CIP is not alleging that Ballarena failed to understand the information needed for evaluation in the Reference Letter Form. Nor does the CIP allege that failure to have provided the Reference Letter Form provided Ballarena with any competitive advantage over the other proposers. Moreover, it did not in any way affect the price proposed or any other material terms of the Proposal. Thus, the lack of a single Reference Letter Form certainly cannot be said to have been significant or essential to the City's determination of whether a proposal was in the City's best interest in light of the fact that it had all the requisite infoiniation for that particular project reference included. The lack of a Reference Letter Form for the Tides Hotel on South Beach as a prior project reference [in light of the City obtaining all the needed information in the included reference letter and all the other submitted Reference Letter Forms] is simply inconsequential. See Airport Support Services International, Inc. v. Metropolitan Dade County, 614 So. 2d 583, 584 (Fla. 3rd DCA 1993)("[t]he purpose of competitive bidding is to secure the lowest responsible offer. That public purpose is best served by construing the bid requirements, if at all reasonable, in a way that would give all bidders an opportunity to compete."); see also Overstreet Paving Company v. State of Florida, Department of Transportation, 608 So. 2d 851, 853 (Fla. 2d DCA 1992)("There is a very strong public interest in favor of savingtax dollars in awarding public contracts. There is no public interest, much less a substantial public interest, in disqualifying low bidders for technical deficiencies in form, where the low bidder did not derive any unfair competitive advantage by reason of the technical omission."). 14 Finally, there has been no allegation or statement by the CIP that a failure to have received the 'Reference Letter Form. instead of the actual reference letter for the Tides Hotel on South Beach would give the City any reason to doubt Ballarena's ability to perform under the contract. See Miami -Dade County School Board v. J. Ruiz School Bus Service, Inc., 874 So. 2d 59 (Fla. 3rd DCA 2004). The CIP cannot point to any provision of the Code, or any case -law which requires disqualification for failing to submit a single reference letter form when there is an equally pertinent and valid reference letter submitted with the Proposal. Respectfully, the reference letter and prior project reference listing submitted by Ballarena for Tides Hotel on South Beach provided CIP all the required information to deem Proposal "responsive" and CIP's failure to acknowledge the reference letter for the Tides Hotel on South Beach constitutes arbitrary and capricious action and is contrary to well -established public procurement policy. C. The CIP's action, in disqualifying Ballarena is contrary to public policy promoting competition to provide the best value for the taxpayer. It is universally accepted in procurement law that the crux of the public policy which drives related legislation and regulations as well as the body of case law which has interpreted these legal principals is the notion that government should seek to promote and enhance competition, not stifle it. To this end, any practice or action by government that has the opposite effect is contrary to public policy. In the landmark case of Wester v. Belote et al, 103 Fla. 976 (1931), the Florida Supreme Court recognized that amongst the underlying public policies of public contracting in Florida is the necessity to secure fair competition in order to secure the best values for the taxpayers. Id. at 981-982 (emphasis added). This longstanding 15 principle in public contracting in Florida has been uniformly adopted by counties and municipalities. and . serves as the bedrock.. of.. procurement practices involving the expenditure of taxpayers' dollars. Thus, it follows that in administering any procurement, a public agency's actions or determinations must not run afoul of promoting competition in order .to insure that a contract is awarded to a proposer that provides the most advantageous proposal to the public agency. In Tropabest Foods, Inc. v. State, Dept. of General Services, 493 So. 2d 50 (Fla. lst DCA 1986), the court addressed this very issue and stated that: [A]lthough a bid containing a material variance is unacceptable, not every deviation from the invitation to bid is material. It is only material if it gives the bidder a substantial advantage over the other bidders and thereby restricts or stifles competition. (emphasis added) The issue of whether a bid or proposal complies in all material respects with the RFP naturally involves a consideration of whether that omission "is sufficiently material to destroy its competitive character [such that] the variation affects the amount of the bid by giving the bidder an advantage or benefit not enjoyed by the other bidders." See Harry Pepper & Assocs., Inc. v. City of Cape Coral, 352 So. 2d 1190, 1193 (Fla. 2d DCA 1977) (emphasis added); see also Emerald Correctional Mngmt. v. Bay County Board of County Commissioners, 955 So. 2d 647, 652-653 (Fla. 1st DCA 2007). In Plasco, Inc. v. Broward County School Bd., Case No. 01-3203BID, 2001 WL 1191378 (Fla. Div. Admin. Hr'gs Oct. 9, 2001). the issue revolved around whether un- initialed corrected figures contained within. Plasco's bid response for both the unit price and the total cost of Item 1 (N) were a material deviations from the bid specifications "requiring rejection of the bid. The Hearing Officer found that the School Board had acted arbitrarily and capriciously in rejecting its bid because the variation with the ITB was not 16 material. The decision held that there was no common sense reason to cost the taxpayers an additional $7,000 due to a violation of technical requirement. Id. at *5; see also Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services. 606 So.2d 380, (Fla. 3d DCA 1992) ("There is a strong public policy in favor of awarding contracts to the low bidder, and an equally strong public policy against disqualifying the -low bidder for technical deficiencies which do not confer an economic advantage on one bidder over another."); D. J. Haycock Constr. Co. v. Volusia County, 2004 WL 473731, 03-4001BID (Div. of Admin. Hr'gs. March 08, 2004) ("The courts do not favor the disqualification of a low bidder for non -responsiveness where a bid irregularity does not impart an unfair competitive. advantage to; the low bidder."). The legion of case -law which stands for the proposition that a defect is only material if it hinders or stifles fair competition makes copiously clear that the CIP's decision to recommend disqualification of Ballarena for a non -substantive minor irregularity was contrary to law and public policy. Indeed, these court rulings make clear that a decision by government to waive a materialirregularity that would result in a competitive advantage to one proposer to the RFP would clearly stifle fair competition and is therefore contrary to public policy. Here, this principle is abundantly clear. Ballarena's Proposal being deemed "non -responsive" for a minor irregularity will cost the City at least $289,057.00—which represent the difference in the bid price between Ballarena [the lowest bidder of any contractor] and Edgewater —the recommended bidder. 17 IV. CONCLUSION The recommendation of the City Manager/CIP seeks to disqualify a responsible responsive proposer for a non -substantive, minor omission which does not affect the terms, conditions or price proposed, and does not confer any advantage whatsoever to Ballarena, nor disadvantage its competitor in any way. The CIP's recommendation has the unquestionable effect of stifling competition and not allowing the lowest bidder, a competent and qualified vendor, from fairly competing in this ITB. Based upon the foregoing facts, argument and authorities, there is overwhelming evidence that upholding the City Manager/CIP's recommendation is contrary to the Code and violates the State and the City's strong public policy favoring competition. Therefore, in accordance with Article III, Section 18-104(b) of the Code, Ballarena requests that the Chief Procurement Officer reconsider the determination of "non -responsiveness" of Ballarena's. Proposal in order to ensure that the services solicited are procured in a true competitive process that will provide the taxpayers of the City with a provider that is the best qualified and provides the best value. WHEREFORE, BALLARENA, respectfully requests that the Chief Procurement Officer, City Attorney and City Manager recommend that the proposed award of ITB No. 09-10-018 in favor of Edgewater is in violation of the City's Procurement Code, Florida law, and public policy and recommend for award BALLARENA as the lowest responsible and responsible bidder. 18 Dated this 1st day of October 2010. Respectfully submitted, ROBERT H. FERNANDEZ, P.A. Attorneys for Ballarena 500 S. Dixie Highway, Suite #302 Coral Gables, Florida 33146 Telephone: (305) 503-2990 Email: robert. fernandez@,rhflaw.com Bv. Roberti Fernandez, Esq. Florida Bar No: 091080 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that on this ls` of October 1, 2010, the original has been fled with the City Clerk for the City of Miami, 3500 Pan American Drive, Miami, Florida 33133; e-mailed and hand -delivered to Alice N. Bravo, Chief Procurement Officer for the City of Miami Department of Capital Improvements Program, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida 33130; and a copy has been mailed to recommended bidder, Edgewater Construction Group, Inc. Robert H. Fern dez 19 TT RLOS.: A: 'MlGOYA ^:ity • Man9or.. .o•Whom; ItMay•Concern • Subjec•t:; •Reference :Letter • rP: • Narne. of Bidder �Gt e,t's ot'S a ll a fib...-, The: above referenced contractor is submitting on:a bid solicitation that has been issued by':the ;City of Miami We require that the. Bidder:_ provide written references With their Brd submission ;and by providing you with this document the Contractor is requesting that;you provide the following reference information We would appreciate you providing the information `requested beiow as well as any other information your feel is pertinent Name of Project-.tj Q d0 Scope of work; qi DOU S9 1 1/e o�% Value of project Was project completed on time & within budget : Yes No If no:wast e':contractor:at:fault or contributeto the;delay:(s);or;increasedcost..;:.OYes ..�.,No. If: es .. lease' rovidedetails.; i3 Thank::you • :Name, nd'r Sgn_ature:; Telep•hone; .. :Sincerely; .... Kenneth :Robertson..,: ..........::. Assistant:Director:for:Procureti ent;and.`Administration. Histonc_Fire:Station`Noi 2-Addendum No1 ` : 94 eitp .of ffitentri CARLOS A. MIGOYA City Manager • To Whom It May Concern Subject Reference Letter Name of Bidder: 75.8ailiers 6)70-11 i .TIc- ?/b/G (54item )/2:07-e}c4-7 The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with'their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: • Scope of work: 1FSToR47/r7,,/ OF7f/6 4/ i / F1sI61F‹ 41/W A/ CA) MoAJ thAF,- T ' c aic:, Value of project: $ 1 000.000 Date Completed: 2 7 Was project compieted on.time & within budget: p Yes .0 No • If no, was the contractor at fault or contribute to the delay(s) or increased cost? 0 Yes 0 .No If yes, please provide details: Comments: t//Z4 4 .0'G4A/12p A/Jfl Jt1AA14GEo 127IF 2ESTU2177oA% 0F?-PF hFNIZy 44 1=Mo(L!4L OrJ • maJuMe'Arr TgANS, 13.) }3!SCAIN': ZA- A DaJE M!LcioL) 1i. I k LikS CO 19LET 'O A-4at oF-11Ac AND 0,11)Ee . LAST IERS: —rms. T TL (~7o i . PAP tiK trAGF `Rost 5 TP AWA-o. $EAm SIA$A IS ijcL) 1otykob Jr)'S,4LLAIeEA" .CoQsi guci7oP, Thank you for your assistance in helping us in evaluating our bid solicitation: Name of Individ I bmpleting this f Date: ri.5/20/0 axe�/v Signature: /tv-7 Title: eityaF,i,M,n SEAci+ f?L/RJrJF&J(, DE>r- Telephone: S' 473-i5S0 / E-mail: WillitivrICar4 r+ rriiarni.beuc �.yy.o� / J. Sincerely, Kenneth Robertson • Assistant Director for Procurement and Administration. ! . Historic Fire Station No."2- Addendum Not 94 Bid No.: 09-10-018 Wilson, Cecelia -� From:. Sent: To: Subject: Cary, William [WlliamCary@miamibeachfl.gov] Tuesday, October 19, 2010 3:05 PM Wilson, Cecelia; Cabanas, Humberto RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Cecelia — Hiram Siaba left the Miami Beach Capital Improvement Projects Office in the Spring of this year. If your contact one of his former colleagues at CIP, Bert Cabanas (you will see his email address above), he may be able to provide you with Mr. Siaba's current professional contact information, if you should need to talk with him. I hope this helps, William Cary MIAMIBEACH William H. Cary, Assistant Director PLANNING DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Wilson, Cecelia [mailto:CWilson@miamigov.com] Sent: Tuesday, October 19, 2010 2:55 PM To: Cary, William Subject: FW: Renovation and Restoration of Historic Fire Station No. 2 I I3 09-10-018 Good Afternoon: I had sent you an email back in August regarding the Henry Flagler memorial Project. Mr. Hiram Siaba was the PM for the City of Miami Beach, can you tell me what year he left the City? From: Cary, William[mailto:WilliamCary@miamibeachfl.gov] Sent: Monday, August 23; 2010 5:22 PM To: Wilson, Cecelia Cc: Perez, Miguel Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Cecilia - That is correct. Wm MIAMIBEACH William H. Cary, Assistant Director PLANNING DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.qov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Wilson, Cecelia [mailto:CWilson@miamigov.com] Sent: Monday, August 23, 2010 5:16 PM To: Cary, William Cc: Perez, Miguel Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 I am very grateful for all your help with this. Wilson, Cecelia From: Cary, William [WilliamCary@miamibeachfl.gov] Sent: Monday, August 23, 2010 5:22 PM To: W Ison, Cecelia Cc: Perez, Miguel Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Cecilia — That is correct. Wm MIAMIBEACH William H. Cary, Assistant Director PLANNING DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Wilson, Cecelia [mailto:CWilson@miamigov.com] Sent: Monday, August 23, 2010 5:16 PM To: Cary, William Cc: Perez, Miguel Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 I am very grateful for all your help with this. I just needed to verify if these contractor's, Ballarena Construction or J & B Builders and Contractors, Inc., were involved with the Flagler Memorial project in any capacity.. By Miguel's confirmation, they were not. Team Contracting is the Prime Contractor. They were not subs either. But one of Ballarena's current employees did manage the project, Mr. Hiram Siaba, while he was employed by the City of MB-CIP. I think this is the correct answer. Again, many thinks for clearing this up. From: Cary, William-[mailto;WilliamCary@miamibeachfl.gov] Sent: Monday, August 23, 2010 5:01 PM To: Perez, Miguel; Wilson, Cecelia Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Thanks Miguel. Cecilia — Do you need further information on the contractor for the Flagler Memorial restoration project? In his capacity with CIP, Hiram Siaba oversaw all restoration aspects of the project as well as the project budget and the very tricky logistics of scheduling, undertaking, and servicing a restoration project on a small remote island in Biscayne Bay, with no electricity, no dock, no water, no security, and no transportation connection with the mainland (or suppliers) other than by private water craft. } It was a challenging project which required 10 years to fund and finally get set up, but once it was started it was accomplished under time and under budget. Not bad. Wm 1 MIAMIBEACH William H. Cary, Assistant Director PLANNING DEPARTMENT �. 1700 Convention Center Drive, Miami Beach, FL 33139 )Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Perez, Miguel Sent: Monday, August 23, 2010 4:51 PM To: Cary, William; 'Wilson, Cecelia' Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 That is right, Hiram Saba was the Project Planner/Manager Miami Beach CIP Office; he now works for Ballarena. MIAMIBEACH Miguel V. Perez, Capital Projects Coordinator CIP OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7071 x 2704/ Fax: 305-673-7073 / www.miamibeachfl.gov From: Cary, William Sent: Monday, August 23, 2010 4:45 PM To: Perez, Miguel; 'Wilson, Cecelia' Subject: RE: Renovation and Restoration of Historic Fire. Station No. 2 ITB 09-10-018 I believe the confusion is that Hiram Saba, was the Project Planner/Manager for the Miami Beach CIP Office, in overseeing the private contractor who undertook the Flagler Memorial Restoration. Do you have the name of the contractor for the Flagler Project, Miguel? I believe Hiram now works for Ballarena, and cited the Flagler Memorial Restoration Project as an example of restoration projects he has previously managed. Wm MIAMIBEACH William H. Cary, Assistant Director PLANNING DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Perez, Miguel - Sent: Monday, August 23, 2010 4:33 PM To: Cary, William; 'Wilson, Cecelia' Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Cecilia; As to my knowledge as well as the contractor responsible for the work, Ballarena Construction was not involved in the Flagler Memorial Restoration Project. Thank you, Miguel 2 MIAMIBEACH Miguel V. Perez, Capital Projects Coordinator i CIP OFFICE - 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7071 x 2704/ Fax: 305-673-7073 / www.miamibeachfl.gov From: Cary, William Sent: Monday, August 23, 2010 3:57 PM To: 'Wilson, Cecelia' Cc: Perez, Miguel Subject: RE: Renovation and Restoration of Historic Fire Station No. 211 b 09-10-018 Importance: High Sorry Cecilia — I should have provided you with the name of the CIP Project Coordinator to contact, who worked with Hiram on the Flagler Memorial Restoration Project. His name is Miguel Perez, and his phone number is 305-673-7000, Ext 2704. Miguel probably has the information on the contractors in his own files. Again, while I'll have no project experience with Ballarena Construction, I am very familiar with Hiram Saba through his work at the CIP Office in Miami Beach. I always found both his work and professional attitude to be excellent and'an asset to the City. You may also be able to reach Miguel Perez directly by email atmiguelperez@miamibeachfl.gov. I hope this is of assistance. If not, please let me know and I'll visit our CIP Office to see if I can get this information for you. William MIAMIBEACH William H. Cary, Assistant Director PLANNING DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7550 /.Fax: 305-673-7559 / www.miamibeachfLgov We are committed to providing excellent public service and safety to al! who live, work and play in our vibrant, tropical, historic community. From: Wilson, Cecelia [mailto:CWilson@miamigov.com] Sent:. Monday, August 23, 2010 3:09 PM To: Cary, William Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Can you tell me who to contact in CIP? From: Cary, William[mailto:WilliamCary@miamibeachfl.gov] Sent: Monday, August 23, 2010 2:57 PM To: Wilson, Cecelia Cc: Tackett, Deborah Subject: RE: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Importance: High Hi Cecilia — All of the information you have requested should be in the CIP files for the Flagler Memorial Restoration Project. Hiram Saba worked for the CIP Office at the time this restoration was done and was the CIP Project Manager for the Flagler Project. - -' I reviewed Hiram's work product from the Planning Department's perspective. His work on this project was always excellent. William 3 MIAMIBEACH William H. Cary, Assistant Director (^\PLANNING DEPARTMENT ..i'1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Wilson, Cecelia [mailto:CWilson@miamigov.com] Sent: Monday, August 23, 2010 2:49 PM To: Cary, William Subject: FW: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Please see below. From: Wilson, Cecelia Sent: Monday, August 23, 2010 2:45 PM To: 'wiiliamcary@miamibeachfl.gov' Subject: Renovation and Restoration of Historic Fire Station No. 2 ITB 09-10-018 Good Afternoon: I am contacting you because you were listed on a reference letter for Ballarena Construction, for the above referenced project, which went out for bids which were received last week. I am in the contracts section of Capital Improvements here at the City and am in the review process for these bids. This firm is the lowest bidder. In the reference letter for the project "Restoration of the Henry Flagler Memorial on Monument Island", in the comment section, you state that Hiram Siaba was the PM/CM for this project. Can you please clarify: • Who the prime GC was on this project • If Mr. Siaba was working for Ballarena Construction at that time. • If this firm was a sub contractor or what work they actually self performed? This bid is under the Cone of Silence, so please respond via email. Thanks for your time. Cecelia Wilson Administrative Assistant Contracts Division City of Miami -Capital Improvements Program 444 SW 2nd Avenue-8th Floor Miami, Florida 33130 Ph: (305) 416-1255 Fax: (305) 416-2153 Email: cwilson@miamigov.com Website: www.miamigov.com/capitalimprovements 4 SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? 5 Vear a. Professional Licenses/Certifications (include name and number)* Issuance Date /,ADC/ 5a 7 6e,-7erd/Cegfrac6r- 3/3/2005 ('include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: 8/3/24405 c. Qualified Business License: jYes❑ No If Yes, Date Issued: g./3/2045 c. What is your primary business? 6e_r7efCl/ Co 27-faciv1' (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) d. Name of Qualifier, license number, and relationship to company: • T7t 7e? 6a//arety PreSicied" e. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company nI lA 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: p Corporation p"S" CorporationpLLCpSoIe Proprietorshipp0ther: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 89 Historic Fire Station No. 2 Bid No.: 09-10-018 4. Company Ownership a. identify all owners of the company Name Title % of ownership &I I larvia Pie Sr o%vl ,OD 4/0 b . is any owner identified above an owner in another company? ❑ Yes 2/No if yes, identify the name of the owner, other company names, and % ownership N 14 c. identify all individuals authorized to sign for the company, indicating the level of their authority ( check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ore Jallare/a Pres cle1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explaination for Other: N 1 A (Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CD), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFls, Notices, and other similar docuemnts) 5. Employee Information Total No. of Employees: 9 Number of Managerial/Admin. Employees: 4 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) t4 How many employees are working under H2B. visas? • O 90 Historic Fire Station No. 2 Bid No.: 09-10-018 117) 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: Nn 7. Insurance & Bond information a. Insurance Carrier name & address: sy-CGrI roc k 5'3 DO 1111 est .F%Q y/er- 1 Sidi"7`1 I l k (aim' FL 3.3/W b. Insurance Contact Name, telephone, & e-mail: (o5) a26- S'7?7 c. Insurance Experience Modification Rating (EMR): (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: A/017e e. Bond Carrier name & address: ,'((ter So(efy l21UJ LAC. 59 79 Al k / s/ S7 l Lire 10 FL. 33a4 / CI?I l �-u "�.ej 1 f. Bond Carrier Contact Name, telephone, & e-mail: 305 -5/7 -31' 03 !Jarred Al. A- flee' g. Number of Bond Claims paid out in last 5 years & value: A/dile 8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: t» 0 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? ❑ Yes [-No (If yes, provide an attachment that provides an explanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years. If yes, please provide an attachment including all details on each citation, /a 91 Historic Fire Station No. 2 Bid No.: 09-10-018 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. B. Project Management & Subcontract Details 1. Project Manager for this Project: a. Name: %ran 6064 b. Years with Company: 5 /e c r,f c Licenses/Certifications: C C7 C o 597D9 ; Bn% 03770 d. Last 3 projects with the company including role, scope of work, & value of project: - I hAar of P t°04;1 aG l fit a 7A.(_ 7 Z 't/el Parlv`dq 6t70,76 - 2esiora 3 0(7 o P /er tit"&mOT, (Aa4dmnw7 - lZe�O Vezf)eel Of- a3 f )1) S7 tit a3 /LI 2. Subcontractors: Name Trade % of Work License No. Certification* ROT -idol LemoA qd C6C �5 7!7, l); cr7(W t/() &dr) Ce) .,1115 I 54C6 D.6730a Roo fly Co4ce0t si 7 8% c(2c o5'6963 (*actiVe certifications of small or disadvantage business & name of certifying entity) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non -construction work items) �d /117'e 1 R27/77i v C. Current and Prior Experience: 1. Current Experience including projects currently under construction, recently awarded,or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, protected completion date, and number of company trades personnel assigned to the project) . _Prior_Projects of a similar size, scope and complexity:. Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name address and contract person, including telephone & e- mail, title of project, location of project, scope, initial value and final cost of the project, 92 Historic Fire Station No. 2 Bid No.: 09-10-018 projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid. submission. D. Bidder's References Bidders are to include a minimum of five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 93 Historic Fire Station No. 2 Bid No.: 09-10-018 CARLCSA:-MIGOYA plty 1 Aanager To Whoinat May Conceri. Subfect Reference Letter / /� Name:nfRidder V•8 &di//le(f 4 Ld/irroch,z! c. c / &IjQre. 0 ,a4j.:7"r(/C/? The: above .referenced .contractor is submitting on 'a bd solicitation that; has' been issued•by the. • 'Clty of. Miami We require that the Biddei.:provide..written references submission; '. and by..:prpviding you • with this document the Contractor is requesting.;that you provide ttie ,. . following •referencednformatior We would. appreclate you providing the Information requested„ below as well as any other information your feel is' pertinent:, 'Name of Project; .S ope0f Work: Claude.Pepper .'Senior., Cente"r, Value of project $c90 000 00• •> •.: -, Date Completed 2010 Was project completed on time & within budget ~— o :wasthe contractoratfaultorcontributeto.thedelay, or.increased:cost7 C,an'to leveed : •`` p... .. commead 'Aellarene +Ccietzucticp as th arrx lleat!perfozmaiic. iith t6e�Clty of Sweetwater;. The zesponsivenese and pro£eseimali:i;m 4.0.16y;06: our project ct'axd' we.. weie'�31®_refi6f anti CARLOS A. MIGOYA City Manager To Whom It Mav Concem Subject Reference Letter INInmR RidriAr J`g. 6aikierS C'evraehysi,c. ,p//,44 Iladarma Coac&Ych?1,) The above referenced contractor is.stibmitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written referenceewith their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information reduested below as well as any other inforrrration yOur feel is pertinent: Name of Protect:CP DEvELOPM:EMT 14-5A Da? utNQ15AC Scope of work: To-rm, 66-.Nou1rN.y) Dot,Ap sl-Ruc-Tuve. —3 90 1.4d: pp_DX 6 09,0S, i\)ct,up-ED srkiirrui2,4ESTOP--.4-it project.V of Date CoCo plet Was project completed on time & within budget Yes 0 No If no, was the contractor at fault or contribute to the delay(s) or increased cost? 0 Yes 0 No If yes, please provide details; C',amme JO. (2t Tk)U PC-8 Dc-T- 1146 Mf 1.3yrtuD e-04Mg J glAfA P474460 wote-e- Lfid161) [vrni TI45 t/N) 174 F colJSrMaTo pa2pL5S Thank you for your assistance in helping us in evaluating our bid solicitation. Name crf individu pietinq th" NIT-i-loqy tyso)3 Date: 62- 1.0 Signature: The: PREs'iD6Nrr) aDS,c Telephone: O43f5 J3-77 E-mail: .716 Sincerely, Kenneth RobertSon. Assistant. Direct. br forPmatiramant and Administration Historic: Fira Station No Aridetwitirn Nol Bid Mn.* .09-11)411A Signature: Telephone: ( ,)0 471100 E-mail: 0,11ard. riy(K Sincerely, Kenneth Robertson Assistant Director for Procurement and Administration CO of tfliami CARLOS A. MIGOYA City Manager To Whom It May Concern Subject: Reference Letter /r Name of Bidder: V% , �d��cid%r t�nritje Lt'f , iG �/6 &//f c 2Arci- caer1 The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder, provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: ; ( , ^� Scope of work:.00k'S-1i(�i07-1(�f1 U+ WO) (t 1),11C1 sir) ry, Value of project: $C0f0( j0--r� Date Completed: �' (j 2-, '2LX Was project completed on time & within budget: 4P1 Yes El No If no, was the contractor at fault or contribute to the delay(s) or increased cost? 0. Yes 0 No If yes, please provide details: I,r. l.1) 0.00r i.e- d m� C�� C� r ICI 1,� 7. , i a CV } 1i)OK 60,0ijJ0-0 000.pf C6.(1)/ C.IonAitri ,. Comments: . e_face.-re -T)( (Ail,(e0 L 1)) 01(x(th f i ),4 fiorr trY 110 ( )6 1) L0-01 Cle VC-e r 1/07161-) ,.nmo 2X.Sgv)y71,Wi s L.t 7 � )). 0,1Je . Thank you for our s-i tanc- • icing u in evaluatingour bid olicitation. i}n. Name of indi i a /• piet' P• this fo � �:1a,r((- . ,(. l Date: ' G 10 Title: i re crpr - :: ((y .n. 0 nayFritQom: Historic Fire Station No. 2- Addendum Not 94 Bid No.: 09-10-018 TC E aj 4 ifi 1997 Edition -Electronic Format AMA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Eighteen day of July in the year of 2001 an words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) CRE DEVELOPMENT / HARVEY ROAD L.O.C. 1756 NORTH BAYSHORE DRIVE SUITE 20 I MIAMI. FL. and the Contractor: (Name, address and other information) EDGEWATER CONSTRUCTION GROUP INC. 8500 SW 8 STREET SUITE 218 MIAMI, FL. 33144 The Project is: (Name and location) 93 NORTH EAST 36 TH STREET PROJECT MIAMI, FL.33137 The Architect is: (Name, address and other information) 3 DESIGN ARCHITECTURE 1234 WASHINGTON AVENUE SUITE 207 MIAMI BEACH , FL. 33139 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein .or substantial quotation of its provisions without written permission of the AIA violates the copyright laws•of the United States -and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright Taws and will subject the violator to legal prosecution._ This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: cre development contact.aia — 9/17/2001. AIA License Number 1022111, which expires on 3/8/2002. ,a THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY l5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 111110111111 ®1997 AIA® AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 (Insert the date ofcommencement ifit differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) 10 WORKING DAYS AFTER PERMIT IS ISSUED If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: TEN (10) DAYS 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ONE HUNDRED SIXTY (160) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Llnless staled elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion ofcertain portions of the Work) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion ofthe Work.) ONE HUNDRED FIFTY DOLLARS PER DAY PENALTY OR BONUS ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay .the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be TWO HUNDRED AND ONE THOUSAND .THREE HUNDRED EIGHTY SEVEN Dollars ($ 201.387.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract. Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identication of accepted alternates If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) SEE EXHABIT ONE 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month; or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 20day of a month, the Owner shall make payment to the Contractor not later than the day of the FALLOWING month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 10 days after the Architect receives the Application for Payment. © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution: This document was electronically produced with permission of the A1A and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: cre development contact.aia — 9/17/2001. AIA License Number 1022111, which expires on 3/8/2002. 2 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AIA DOCUMENTD401. AlA Document A201-7997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contradors of America. 01997 AIA® AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of TEN percent (10 %). Pending final determination of cost to the Owner of changes in the Work,. amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2oi-1997. • .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of TEN percent (10%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2oi-i997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to.such work and unsettled claims; and (Subparagraph 9.8.5 ofAL4 Document A2o22997requires release of applicable retainage upon Substantial Completion of Work with consent ofsi1rety, Zany.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2oi-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: uric is intended, prior to Substantial Completion of the entire Work, to reduce or limit theretainage resulting from the percentages inserted in Clauses 52.6.2 and 52.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction orlimitation.) N/A 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the. Contract Sum, shall be made by the Owner to the Contractor when: © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,-1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of 'the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright Taws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: cre development contact.aia -- 9/17/2001. AIA License Number 1022111, which expires on 3/8/2002. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D407. AEA Document A201-7997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America, ®1997 AIA® AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 � .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A2o1-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2o1-1997• 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2o1-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1-1997 or another .Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofmterest agreed upon, Zany.) EIGHTEEN PERCENT Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and otherregulations at the Owner's and Contractor's pnncipa/places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written aisciosures or waivers.) 7.3 The Owner's representative is: (Name, address and otherinfonnation) GREGG LURIE and VICENTE L-PEREA 1120 COLLINS AVE. MIAMI BEACH. FL.33139 7.4 The Contractor's representative is: (Name, address and other information) ULYSSES VAZQUEZ II 8500 SW 8 ST. SUITE 218 MIAMI, FL.33144 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for.. Modifications issued after execution of this Agreement, are enumerated as follows: © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, CO 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution: WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the. AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: cre development contact.aia -- 9/17/2001. ALA License Number 1022111, which expires on 3/8/2002. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO 1T5 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General. Contractors of America. 121821210 ®1997 AIA® AlA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document Aiot-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1-i997• 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document EXHABIT ONE Title Pages 8.1:4 The Specifications are those contained in the Project Manual dated as Subparagraph 8.1.3, and are as follows: (Either list (he Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages EXHABIT ONE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR in MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D407. 8:1:5 The Drawings are as follows, and are dated unless a different date is shown below: (Ether list the.D•mings here orrefer to an eh/bit attached to this Agreement.) Number Title Date PENDING 8.1.6 The Addenda, if any, are as follows: Number Date Pages EXHABIT ONE Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the biddingrequirerents are also enumerated in this Article 8. 8.1.7 Other documents, ifany, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document Azot- 199: provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not par( of the. Contract Documents unless enumerated in this Agreement. They should be.ltsted here onlyifintended to be part .ofthe Contrail Documents.) EXHABIT ONE This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, .one to the Architect -or use in the administration of the Contract, and the rema nder to the Owner. t �1 !i IF/•/f rr;' /% EDGF A VIA:'MC N aRUCTION GROUP CRE DEyE Ci)i.P1VIi=1S171/{AgvV, ii. RD. ,,O.C. O.WNER'(sgnature% • l CONTRACTOR (Si ature) GREGG LURIE AND VICENTE L-PEREA ULYSSES.VAZQUEZII PRES. (Printed name and title) AIA Document A207-1997, .General Conditions of the Contract for Construction, is adopted in this document by reference.. Do not use with other general conditions unless this document is modified. This document has been'approved and endorsed by The Associated General Contractors of America. s amass ®1997 AIA® AIA DOCUMENT A101-1997 OWNER -CONTRACTOR AGREEMENT (Pnnted name and title) © 1915, 1918, 1925, 1937, 1951, 195.8, 1961, 1963, 1967, 1974; 1977, 1987, © 1997 by The American Institute or Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates Us copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: cre development contact.aia -- 9/17/2001. AIA License Number 1022111, which expires on 3/8/2002. 5 The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 EDGER CONSTRUCTION GROUP, INC. ,1I p: 305.463.7700 f: 305.463.7058 October 29, 2010 City of Miami - Contracts Division Capital Improvements Program Attn: Cecelia Wilson 444 S.W. 2nd Ave. 8th Floor Miami, . FL 33130 RE: Restoration & Renovation of Historic Fire Station #2 Ms. Wilson, I am writing this letter as a formal notification to the City of Miami that Edgewater Construction Group was the General Contractor on the CRE Development project. Enclosed you will find supporting documentation which includes the certificate of occupancy and the executed contract that confirms the above statement. Additionally, Mr. Jorge Ballarena and Mr. Hiram Siaba were previous employees of Edgewater. During their employment, they worked in the capacity of superintendents. At no point were they project managers of the CRE Development project nor did they ever serve as managers for Edgewater. Enclosed are copies of the employee check stubs reflecting their proof of employment with the company. STATE .OF FLORIDA COUNTY OF:MIAMI-DARE COMES. NOW BEFORE ME, the undersigned authority, Ulysses Vazquez II, who is personally known to me and who upon being duly sworn, deposes and'declares the above statements to be true. Signed, sealed and del. red this 29TM day of October, 2010 WITNESS ,•�` /` D W E CONSTRUCTION GROUP, INC. 11 Print Name STATE OF FLORIDA COUNTRY OF Miami -Dade Ulysses Vazquez II, President The foregoing instrument was acknowledged before me this 29th day of October, 2010, by Ulysses Vazquez II who is personally known to me NOTARY3LIGSTATE OF FLORIDA ,.,..,., , PUGigs G. Rodriguez C OIDID15Si OD #DD223209 Notary' Piublic - State of lorida := ; ;;�i;es: ST• P 27, 201r BONDED THIRU ATLANTIC BONDING GO., INC Edgewater Construction Group, Inc., 1510 N.W.79th Avenue, Miami, FL 33126 Lic# CGC06I; iR6EWATER CUNS1NNCTIUN6NOUP, Occupancy City al Miarni BUILDING CERTIFICATE OCCUPANCY Owner. Completion Tco Number HARDY F?I1 L..l._T; ! ORE Z)Vt i.._(:?I''hf'lc:l fi Permit Holder: 1::1){;)i;:;wr;T1: R 'CONSTRUCTION CROUP INC Legal: 4 53 41 :F::I: G a. FI 2OF t 1.1 a- 633 ,. 9F='"T•i1:I (J SE COR OF ;:+T;:: 1. !ri H i :l. o i::-•T• . tf 54 F. -T- S:I::I OFT E5.4ic_-.T- T O FOB LESS S 36 rl..l S.T. Use: RE.l'Ii1I)I I._:I:Nf. Folio: 01_-••-�1:L 2.?3._ On••-t)i)2 , / i 000 Address: 93 NE 36 i• 5ubdIvision: 9p 02-5013550 TCG Expirex This certificate Is issued to the above -named permit nattier for the building and premises at the above -described location, and codifies that the work has been completed. Bo' iikiing Official GS/AD OOr Rev, 1i/42 Date b00ZSG950E hlid3�! 3AIla3Z{Z EDGEWATER CONSTRUCTION GROUP, INC. 10200 NW 25 St Suite 204 MIAMI, FL 33172 HIRAM G. SIABA 1825 S.W. 66TH. CT. MIAMI, FL 33155 Employee Paystub Check number. 2147 Pay Period: 05/02/2002 - 05/08/2002 Pay Date: 05/09/2002 Employee SSN HIRAM G. SIABA, 1825 S.W. 66TH. CT., MIAMI, FL 33155 ` "-6875 Earnings and Hours Qty Rate Current YTD Amount Salary-Office-8810 1,000.00 19,000.00 VACATION TIME PAID - FIELD 2,000.00 Taxes 1,000.00 21,000.00 Current YTD Amount Federal Withholding • Social Security Medicare Employee Net Pay -121.00 -62.00 -14.50 -3,000.00 -1,302.00 -304.50 -197.50 -4,606.50 802.50 16,393.50 EDGEWATER CONSTRUCTION GROUP, INC., 10200 NW 25 St Suite 204, MIAMI, FL 33172 305-463-7700, EDGEWATER CONSTRUCTION GROUP,INC EDGEWATER CONSTRUCTION GROUP, INC. 10200 NW 25 St Suite 204 NIIAMI, FL 33172 JORGE BALLARENA 1800 SAN SOUCI BLVD. APT.#: 121 MIAMI, FL 33181 Employee Paystub Check number. 2135 Pay Period: 05/02/2002 - 05/08/2002 Pay Date: 05/09/2002 Employee SSN JORGE BALLARENA, 1800 SAN SOUCI BLVD., APT.#: 121, MIAMI, FL 33181 `-"-6754 Earnings and Hours Qty Rate Current YTD Amount Regular Hourly Rate -Field- 51... 39,00 ' 12.00 468.00 8,492.00 Overtime hourly rate -Field 5102 15.00 18.00 270.00 2,274.75 738.00 10,766.75 Taxes Current YTD Amount Federal Withholding Social Security Medicare Employee Net Pay -86.00-1,051.00 -45.76 -667.54 -10.70 -156.12 -142.46 -1,874.66 595.54 8,892.09 EDGEWATER CONSTRUCTION GROUP, INC., 10200 NW 25 St Suite 204, MIAMI, FL 33172 305-463-7700, EDGEWATER CONSTRUCTION GROUP,INC BALLARENA CONSTRUCTION YOUR SATISFACTION 15 OUR PRIORITY J.B. BUILDERS & CONTRATORS, INC. d/b/a BALLARENA CONSTRUCTION PRIOR PROJECTS REFERENCES Owners Name: GB Hotel Partners, LTD Address: 415 Grand Bay Dr, Key Biscayne, FL Contact Person: Richard Payne Phone: 305-365-4160 e-mail address: Richard.Payne@ritzcarlton.com Title of Project: Ritz Carlton Hotel Renovation Location of Project: One Crandon Blvd., Key Biscayne, Florida Scope: Hotel Renovation Initial Value: $592,500 Fina1 Cost: $592,500 BALLARENA CONSTRUCTION YOUR SATISFACTION IS OUR PRIORITY J.B. BUILDERS & CONTRATORS, INC. d/b/a BALLARENA CONSTRUCTION PRIOR PROJECTS REFERENCES Owners Name: The Tides Hotel at South Beach Address: 1220 Ocean Drive, South Beach, Florida Contact Person: Angel Santiago Phone: 305-604-5070 e-mail address: angelsantiago@thetides.com Title of Project: The Tides Hotel at South Beach Location of Project: 1220 Ocean Drive, South Beach, Florida Scope: Selective Demolition and Concrete Restoration on Historic Hotel Initial Value: $587,310 Final Cost: $587,310 3 Date: November 14, 2007 To Whom It May Concern: It is with great pleasure that I write this letter of recommendation for Jorge Ballarena, president of JB Builders. Please accept the enclosed letter of reference for Mr. Jorge Ballarena. I have known Mr. Ballarena for one year; Mr. Ballarena's hard work and dedication were evident from our first meeting through to the completion. I know that some of our requests where difficult due to our limited size and budget, but he was able to make everything work. Mr. Jorge Ballarena has been working with the renovation of The Tides, South Beach: a 13 level building since the beginning of 2007. He has completed dry walling, Structural remodeling, windows and doors installation, marble restoration, carpentry (woodworking, cabinetry, framing and final trim work) Mr. Jorge Ballarena is a DGeneral Contractor who embodies the best of their profession: creativity, enthusiasm, edication, intelligence and a quest for producing the best. In addition to implementing, Mr. Ballarena consistently delivered the types off solutions necessary to achieve what we are looking for. He has a productive team that is devoted to their objectives and unfailingly handling projects through our renovation process. His dedication to quality of his job is his priority. He has the drive and energy necessary to see complex projects through to completion, on time and within budget. I can confidently recommend Mr. Jorge Ballarena for any future projects. If I may provide you with any further information in your. consideration of Mr. Jorge Ballarena, please feel free to contact me. Angel Santiag Chief Engineer The Tides, South Beach (305)401-4534 TIE PAN KEY INSTITUTE One Crandon Boulevard, Key Biscayne, FL33149 A net -for -profit institution dedicated to advanced dental education Tel: 305-428-5500 Fax: 305-428-5567 July 28, 2009 To Whom It May Concern, This letter will serve to recommend J. B. Builders and Contractors. This firm has done significant work in our apartments and has consistently done an excellent job. They are responsive and timely, completing the work on time and at or under budget. They are highly experienced, detail -oriented, problem -solvers and professionals of the highest caliber. I do not hesitate to recommend them as they are our building professionals of choice. Sincerely, M. C. Casanueva Director of Operations TT rhf Robert H. Fernandez, P.A. February 11; 2011 VIA E-MAIL Kenneth Robertson Chief Procurement Officer City of Miami Miami Riverside Center 4'1'1 S.W. 2nd Avenue - 6th Floor Miami, FL 33130 RE: WRITTEN PROTEST AND INCORPORATED MEMORANDUM OF LAW: CITY OF MIAMI INVITATION TO BID (ITB) No. 09-10-018— RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2, CIP PROJECT B-30759 Dear Mr. Robertson: Direct: (786) 345-2124 robert.fernandez@rhflaw.com Fax: (305) 774-5908 www.rhflaw.com I am writing you in response to your letter to me dated February 8, 2011, in reference to seeking additional information from my client, J.B. Builders & Contractors, Inc. d/b/a Ballarena Construction (hereafter `Ballarena Construction") to support its bid protest of ITB No. 09-10- 018. Specifically, you have requested that Ballarena Construction produce to you the following documents: (i) a copy of Ballarena Construction's executed contract with the Tides Hotel at South Beach (the "Tides Hotel") as prime general contractor for the 2007 renovation reference project and (ii) copies of permits issued -by the City of Miami Beach to Ballarena Construction for their work on this project as prime general contractor. In reference to an executed copy of the Ballarena Construction contract with the Tides Hotel, Ballarena Construction has performed a thorough search of its files but has been unable to locate an executed copy of this contract due to the fact that during a relocation of its business offices certain older files had been misplaced during the move. See Affidavit of Jorge Ballarena in Support of .Written Protest and Incorporated Memorandum of Law ¶2 attached hereto ("Ballarena Affidavit"). However, Mr. Ballarena was able to locate certain invoices and checks, a Walk Through Report and Engineer Inspection Reports that substantiate the scope of services provided for the selective demolition and concrete restoration performed for the Tides Hotel. See. Ballarena Affidavit ¶3 As corroborated in the invoices and checks provided herein, Ballarena Construction entered into a contract directly with the Tides Hotel and was paid directly by the Tides Hotel to perfonn the selective demolition and concrete restoration as the "Prime General Contractor." See Ballarena Affidavit ¶3 (emphasis added). 500 South Dixie Highway. Suite 302, Coral Gables, Florida 33146 Main: (305) 503-2990 Letter to Kenneth Robertson February 11, 2011. Re: ITB 09-10-018 In your letter it states that "..the Project Owner [the Tides Hotel] is able to confirm that Brodson Construction was working on this property as the prime general contractor for the 2007 renovation project." Apparently, there appears to be some confusion as to scope of services provided by Ballarena Construction and Brodson Construction for the Tides Hotel. It is true that Brodson Construction had also worked on Tides Hotel to perform renovation construction services but its services were related to performing renovation of the actual hotel rooms and had nothing to do with the selective demolition and concrete restoration of the historic hotel performed by Ballarena Construction. See Ballarena Affidavit ¶4 At no point in time during the Tides Hotel. project was Ballarena Construction ever hired as a subcontractor for Brodson Construction or any other "Prime General Contractor" to perfoiui any services for the hotel. See Ballarena Affidavit ¶4 All work performed by Ballarena Construction for the Tides Hotel, including some additional requested renovation work on common areas and hotel offices, was directly contracted with the Tides Hotel as the "Project Owner" and Ballarena Construction as the "Prime General Contractor." See Ballarena Affidavit ¶¶3, In addition, you have requested that Ballarena Construction provide you copies of permits issued by the City of Miami Beach to Ballarena Construction for their work on this project as the. "Prime General Contractor." The scope of services provided by Ballarena. Construction were part of the Tides HoteI's forty (40) re -certification process that Florida Statutes require on certain commercial and residential properties. See Ballarena Affidavit ¶6 As such, Ballarena Construction as the "Prime General Contractor" was not required to pull peliuits from the City of Miami Beach for the selective demolition and concrete restoration services. At the completion of the project, all the work performed by Ballarena Construction under forty (40) re -certification process was thoroughly inspected by the City of Miami Beach for full compliance with the Florida Building Code. See Ballarena Affidavit ¶6 In order to hopefully clarify any confusion about the scope of services provided by Ballarena Construction on the Tides Hotel project, we would like an opportunity to meet with you and your staff in person at you earliest convenience to discuss these issues in greater detail. We have spoken to Angel Santiago, the Chief Engineer for the Tides Hotel that . signed the reference letter, and he is willing to join us in this meeting to provide his input in a setting where all parties are present to avoid any further confusion and/or inadvertent miscommunication. Direct: (786) 345-2124 robert.fernandez@rhflaw.com Fax: (305) 774-5908 www.rhflaw.corn 500 South Dixie Highway, Suite 302, Coral Gables..Florida 33146 Main: (305) 503-2990 Letter to Kenneth Robertson February 11, 2011. Re: ITB 09-10-018 Please let me know when we can coordinate such a meeting and we will work with your schedule to make it happen as soon as possible.. Thank you in advance for your anticipated cooperation. Sincerely, Robert H. Fernandez, Esq. cc: Jorge Ballarena 500 South Dixie Highway, Suite 302, Coral Gables, Florida 33146 Main: (305) 503-2990 Direct: (786) 345-2124 robezt.fernandez@rhflaw.com Fax: (305) 774-5908 www.rhflaw.corn OFFICE OF THE CITY CLERK CITY OF MIAMI IN RE: PROTEST OF SEPTEMBER 14, 2010 RECOMMENDATION OF AWARD OF CONTRACT FOR 1'I'B NO. 09-10-018 (RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2 B-30579) J.B. BUILDERS & CONTRAC I ORS, INC. D/B/A BALLARENA CONSTRUCTION Petitioner, v. CITY OF. MIAMI, CAPITAL IMPROVEMENTS PROGRAM Respondent. ArtIDAVIT OF JORGE BALLARENA IN SUPPORT OF WRITTEN PROTEST AND INCORPORATED MEMORANDUM OF LAW I, (full legal name) In ..' A , 6 04 Ce(v,; , being sworn, certify that the following information is being filed in support of J.B. Builders & Contractors, Inc.'s Written Protest and Incorporated Memorandum of Law in this matter and the same to be true and correct: 1. My name is Jorge Ballarena and I am a resident of Miami -Dade County, Florida. I am the President of J.B. Builders & Contractors, Inc. d/b/a Ballarena Construction, a Florida corporation; in Miami -Dade County, Florida (hereafter "Ballarena"), which is the named Petitioner in this matter. I have included certain information and attached relevant documents to address specifically information requested by Kenneth Robertson. Chief Procurement Officer for the City of Miami, in a letter addressed to me dated February 8. 2011. 2. In 2007, Ballarena Construction was hired by the Tides Hotel at South Beach to perfoiui selective demolition and concrete restoration on this historic. South Beach hotel. On or about July 2008, Ballarena Construction relocated its business offices and certain business records were misplaced during the move. Specifically; I have been unable to locate an executed copy of the contract for the Ballarena Construction job for the Tides Hotel at South Beach. After a thorough due diligence of old files, I have been able to locate certain other business records that pertained to this project and I have attached herein as described below. The scope of services for the Tides Hotel at South Beach for the selective demolition and concrete restoration included: restore concrete foundation; restore concrete columns; restore concrete beams and tie beams; and restore concrete stairs. I have attached hereto certain invoices and checks I was able to locate in our files for this scope of work. See Invoice #s 545, 551, 568, 571, 575 and 576 and accompanying checks from Tides Hotel at South Beach attached hereto as Exhibit "A". In addition, I have attached a Walk Through Report for these scope of services as Exhibit "B" and various Engineer Inspection Reports related to these services as Exhibit "C"..All of these services wereperfoiined pursuant to a contract executed directly with the Tides Hotel at South Beach as the "Prime General Contractor" for the selective demolition and concrete restoration on the historic hotel. All payments for services and goods provided by Ballarena Construction were paid directly to Ballarena Construction from the owner —the Tides Hotel at South Beach pursuant to this contract. See Exhibit "A." 4. At no point in time during the scope of services provided to the Tides Hotel at South Beach was Ballarena Construction hired as a "subcontractor" by any other "Prime General Contractor" including specifically Brodson Construction. It is my understanding that Brodson Construction hadbeen hired by Tides Hotel at South Beach to specifically renovate the. hotel rooms under a separate contract having nothing to do with selective demolition and concrete restoration at the Tides Hotel on South Beach. 5. In addition to the selective demolition and concrete restoration, Ballarena Construction was hired by the Tides Hotel at South Beach to perform: dry walling; structural remodeling; windows and door installation; marble restoration; woodworking; and cabinetry. These additional renovation services were provided in certain common or office areas of the hotel. I was able to locate an invoice related to these other scope of services performed directly for the Tides Hotel at South Beach. See Invoice # 525 and accompanying check from Tides Hotel at South Beach attached hereto as Exhibit "D". 5. In reference to whether Ballarena Construction pulled any permits with the City of Miami Beach for the selective demolition and concrete restoration scope of services provided under the contract with the Tides Hotel at South Beach, no permits were pulled due to the fact that these scope of services fell within the forty (40) year re -certification process that Florida Statutes require on certain commercial and. residential properties. The Engineer Inspection Reports attached herein confiiui that .this scope of work was part of the forty (40) year re- certification process. See Exhibit "C". For this forty (40) year re -certification process, no permits are pulled by the Prime General Contractor but the scope of services are inspected by the City of Miami Beach upon completion of all work to determine full compliance with the Florida Building Code. FURTHER AFFIANT SAYETH NOT. By: JORGE BALL J.B. Builders & Contra STA I'E. OF FLORIDA ) �n )ss. COUNTY OF (Y) /4,/,( 4 . The foregoing instrument was acknowledged before me this 1-1 day of 2011, by JORGE BALLARENA, who is personally known to me or has produced a Y� -b(Pi VejZS as identification and, after being duly sworn; upon his or her oath, deposes and says that the facts contained herein are true and correct to the best of his or her knowledge, information and belief. My Commission Expires: (Commission seal) -3 - �3 14 "'Yx•• ARIANA AMAR Notary Public - State of Florida +j + •z Nty Comm. Expires Mar 23, 2014 ,i Commission # DD 967113 ' Bonded Through National Notary Assn. N 1 ARY PU 1C STA 1h F FLORIDA Print Name: L` / tt7 7/)9 l'� fJ . OFFICE OF THE CITY CLERK CITY OF MIAMI IN RE: PRO 1'hST OF SEPTEMBER 14, 2010 RECOMMENDATION OF AWARD OF CONTRACT FOR ITB NO. 09-10-018 (RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2 B-30579) J.B. BUILDERS & CONTRACTORS, INC. D/B/A BALLARENA CONSTRUCTION Petitioner, v. CITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM Respondent. AFFIDAVIT OF JORGE BALLARENA IN SUPPORT OF WRITTEN PROTEST AND INCORPORATED MEMORANDUM OF LAW EXHIBIT "A" I.B. BWLDrr. S CCVTRSC7gr:'.. I;c. J.B. Builders & Contractors, Inc 3727 SW 8th Street. Ste 105 Coral Gables, FL 33134 Bill To The Tides. South Beach Accounting Department 1220 Ocean Drive Miami Beach, F133139 Invoice Date Invoice # 4/9/2008 545 Project Concrete Restoration_ Stair Paint Description Est Amt Curr Total... Amount BASEMENT & STAIR CONCRETE RESTORATION Remove loosing concrete on indicated areas. Brush corrosion on exposure steel Apply two coat of CR 246 STO Bonding & Anti Corrosion Agent to all Brushed Exposed Rebar Provide 11/2" (minimum) Mortar CR 311-CI STO Cover to all exposed Rebar. Engineer inspection need to be provided by Hotel STAIRS WALL PAINT: Materials (Paint) will be provided by Hotel Clean the Walls Patch up damaged concrete and Drywall Cover Hand Rails Paint all Wall of North & South Emergency Stairs STAIRS FLOOR PAINT: Remove & Clean Existing Paint Apply one coat of STO Urethane Pruner—CR 674 Apply one coat of STO Traffic Deck - CR 675 Base Coating Apply one coat of STO Traffic Deck — CR 676 intermediate Coating Apply one coat of STO Traffic Deck — CR 679 Top Coating *Invoice for Deposit Payment upon sign the Contract. Amount Due.for followings Payments: $45,620.00 36,720.00 15,800.00 23,100.00 39.67% 39.68% 39.67% 39.67% 39.68% 39.67% 14,566.82 6,269.44 9,163.77 Phone* E-mail 305-441-9118 arnadan@jb-contractors.com Fax # Web Site 305-4-4I-8111 www.jb-contractors.com Total S30,000.03 Payments/Credits $o.00 Invoice Balance $30,000.03 Job Total Balance S30,000.03 KI M Tides as Agent for Tides Real Esta'' LLC DATE INVOICE NO COMMENA AMOUNT .DISCOUNT NET AMOUNT 04/09/2008 545 40 year cert. 30,000.03 0.00 30,000.03 TIDES SOUTH BEACH ' CHECK: 035222 04/10/2008 JB Builders & Contractors CHECK TOTAL: 30,000.03 F.!er. !.fi. BU(I.PEPS & J.B. Builders & Contractors, Inc 3727 SW 8th Street. Ste 105 Coral Gables, FL 33134 Bill To The Tides. South Beach Accounting Department 1220 Ocean Drive Miami Beach, Fl 33139 Invoice Date Invoice # 5/1/2008 551 Project Concrete Restoration. Stair Paint Description Est Amt Curr % Total... Amount BASEMENT & STAIR CONCRETE RESTORATION Remove loosing concrete on indicated areas. Brush corrosion on exposure steel Apply two coat of CR 246 STO Bonding & Anti Corrosion Agent to all Brushed Exposed Reber Provide 11/2" (minimum) Mortar CR 3 1 I -CI STO Cover to all exposed Rebar. Engineer inspection need to be provided by Hotel STAIRS WALL PAINT: Materials (Paint) will be provided by Hotel Clean the Walls Patch up damaged concrete and Drywall Cover Hand Rails Paint all Wall of North & South Emergency Stairs STAIRS FLOOR PAINT: Remove & Clean Existing Paint Apply one coat of STO Urethane Primer— CR 674 Apply one coat of STO Traffic Deck - CR 675 Base Coating Apply one coat of STO Traffic Deck — CR 676 Intermediate Coating Apply one coat of STO Traffic Deck — CR 679 Top Coating 36,720.00 15,800.00 23,100.00 35.33% 3532% 35.33% 75.00% 75.00% 75.00% 12,973.18 5,580.56 8,161,23 Phone # E-mail 305-441-9118 amadan@jb-contractors_com Fax # Web Site 305-441-8111 www.jb-contractors.com Total $26,714.97 Payments/Credits • $o.00 Invoice Balance $26,714.97 KHNM Tides as Agent for Tides Real Estate LLC Operations Account 1220 Ocean Drive Miami Beach FL 33139 Pay To The Order of TIDES Soup BEACH C, .nk 8750 Doral Blvd, Miami, FL 33178 Phone: 305-599-5763 266-086-554 *TWENTY-SDC THOUSAND SEVEN HUNDRED FOURTEEN AND 97 / 100 Date Amount 05/27/2008 ****26,714,97* Pleasc Voi A Ila 120 Days JB Builders & Contractors 815 Ponce de Leon Suite Coral Gables, FL 33134 1JSA JBBUIL Check Number 035540 Gto 11•035540v _I:2660865.51-0:32 6 06 6 It KRM Tides as Agent for Tides Real Estate, LLC DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUNT 05/232008 052308 2nd pmt, 40yrs tent_ 26,714.97 0.00 26.714.97 TIDES SOUTH BEACH 26,714.97 CHECK: , 035540 05/27/2008 JB Builders & Contractors CHECK TOTAL: I.B. fen LI S& CUNT :. r ; .INC. J.B. Builders & Contractors, Inc 3727 SW 8th Street. Ste 105 Coral Gables, FL 33134 Bill To The Tides. South Beach Accounting Department 1220 Ocean Drive Miami Beach, FI 33139 invoice Date Invoice # 6/30/2008 568 Project Concrete Restoration_ Stair Paint Description Est Arnt Curr % Total... Amount BASEMENT & STAIR CONCRETE RESTORATION Remove loosing concrete on indirated areas. Brush corrosion on exposure steel Apply two coat of CR 246 STO Bonding & Anti Corrosion Agent to all Brushed Exposed Rebar Provide 11/2" (minimum) Mortar CR 311-CI STO Cover to all exposed Rebar. Engineer inspection need to be provided by Hotel STAIRS WALL PAINT: Materials (Paint) will be provided by Hotel Clean the Walls Patch up damaged concrete and Drywall Cover Hand Rails Paint all Wall of North & South Emergency Stairs STAIRS FLOOR PAINT: Remove & Clean Existing Paint Apply one coat of STO Urethane Primer — CR 674 Apply one coat of STO Traffic Deck - CR 675 Base Coating Apply one coat of STO Traffic Deck — CR 676 Intermediate Coating Apply one coat of STO Traffic Deck — CR 679 Top Coating 36,720.00 15,800.00 23,100.00 25.00% 25.00% 25.00% 100.00% 100.00% 1.00.00% 9,180.00 3,950.00 5,775.00 Phone* E-mail 305-441-9118 amadan@jb-contractors.com Fax Web Site 305-44I-8111 www.jb-contractors.com Total $ I8,905.90 Payments/Credits so.00 Invoice Balance $18,905.00 KIIM Tides as Agent for Tides Real Estate LLC Operations Account 1220 Ocean Drive Miami Beach FL 33139 Pay To The Order of: TIDES SOUTH 8 EACH 'oak 8750 Doral Blvd, Miami, FL 33178 Phone: 305-599-5763 266-086-554 Check Number 035840 *TWELVE THOUSAND NINE HUNDRED FIVE AND XX / 100 Date Amount 07/25/2008 ****12,905.00* JB. Builders & Contractors pie vote, After ;ya Days 815 Ponce de Leon Suite Coral Gables, FL 33134 USA JBBUIL 11'03584011' I; 2660565541:3 20013067611' KHM Tides as Agent for Tides Real Estate, LLC DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUNT 07/03/2008 568 12,905.00 0.00 12905.00 CHECK: 035840 07/25/2008 3B Builders & Contractors CHECK TOTAL: 12,905.00 KUM Tides as Agent for Tides Real Estate LLC Operations Account 1220 Ocean Drive Miami Beach FL 33139 Pay To The Order of: *SIX THOUSAND AND XX / 100 JB Builders & Contractors 815 Ponce de Leon Suite Coral Gables, FL 33134 USA JBBUIL 105035?8?11■ 1:26E08E5541:32006806611°1 TIDES SOU1H BEACH C... .onk 8750 Doral Blvd, Miami, FL 33178 Phone: 305-599-5763 266-086-554 Check Number 035787 Date Amount 1-----07,/14/27008 *****6,000.00* � eaV d After 120 Days \aitiock,autAf/as(AAA- KHM Tides as Agent for Tides Real Estate, LLC DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUNT 07/142008 568A 6,006.00 0.00. 6.000.00 T DES YTH BEACH CHECK:. 035787 07/14/2008 713 Builders & Contractors CHECK TOTAL: 6,000.00 l.fi. RUILDERS .c CONTRACTORS. INC. J.B. Builders & Contractors, Inc 3727 SW 8th Street. Ste 105 Coral Gables, FL 33134 Bill To The Tides. South Beach Accounting Department 1220 Ocean Drive Miami Beach, F133139 Invoice Date Number 7/23/2008 575 Project Concrete Restoration. Stair Paint Description Amount - Repair 4 Additional Areas 2 Labors x 6 Days x Hours Sto concrete Mix Miscellaneous & Small Tools Shipping Subtotal Contractor Fee 1,332.00 672.00 1,113.75 112.50 3,230.25 646.05 Total S3,876.30 Phone # Fax #. E-mail Web Site 305-441-9118 305-441-8111 arnadan@jb-contractors.com www jb-contractors.com KHM Tides as Agent for Tides Real F `.e, LLC INVOICE NVOICE NO COMMENT' 07/23/20 N AMOUNT DISCOUNT NET AMOUNT 3,876.30 0.00 3.876.30 TOD SOUTH BEACH CHECK: .035943 08/08/2008 JB Builders & Contractors CHECK TOTAL: 3,876.30 Invoice i.F. FUILDERS & CONTRACTORS, INC. J.B. Builders & Contractors, Inc 3727 SW8th Street. Ste 105 Coral Gables, FL 33134 Date Number 7/23/2008 576 Bill To The Tides. South Beach Accounting Department 1220 Ocean Drive Miami Beach, Fi 33139 Project Concrete Restoration. Stair Paint Description Amount Repair 4 Additional Areas 2 Labors x 6 Days x Hours Sto Concrete Mix Miscellaneous Materials & Small Tools Shipping Subtotal Contractor's Fee • • 444.00 224.00 371.00 38.00 1,077.00 215.15 Total $1,292.15 Phone # Fax # E-mail Web Site 305-441-9118 305-441-8I11 amadan@jb-contractors.com www.jb-coneractors.com ICBM Tides as Agent for Tides Real Estate LC DATE. INVOICE NO COMMENT AMOUNT • DISCOUNT NET AMOUNT 07/23/2008 576 1,292.15 0.00 1.292.15 T . S • SOUTH BEACH CHECK: 036099 08/27/2008 JB Builders & Contractors CHECK TOTAL: 1,292.15 OFFICE OF THE CITY CLERK CITY OF MIAMI IN RE: PROTEST OF SEPTEMBER 14, 2010 RECOMMENDATION OF AWARD OF CONTRACT FOR ITB NO. 09-10-018 (RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2 B-30579) J.B. BUILDERS & CON' RACTORS, INC. D/B/A BALLARENA CONSTRUCTION Petitioner, v. 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Builders Contractors, Inc 815 Ponce de Leon, Blvd Suite#100 Coral Gables, FI 33134 Basement Remove wood cover and fill opening with Repair Mortar CR 311-CI STO See Picture # 1 Fill gap around Drain Pipe with Repair Mortar CR 311-CI STO See Picture # 2 Remove wood cover and fill opening with Repair Mortar CR 311-CI STO See Picture # 3 Remove loosing Concrete (plus 3" more) on Concrete Slab and apply Repair Mortar CR 311-CI STO See Picts #4&#5 Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Picts#6&#7 Not Found Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Pict # 6a Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Pict # 8 Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Pict #9 Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Picts #10&#11 Office: 305-441-9118 Fax: 305-441-8111 Email: info@jb-contractors.com Area # 11 Area # 12 Area # 13 Area # 14 Area # 15 Area # 16 Area # 17 Area # 18 Area # 19 Area # 20 J.B, Builders Contractors, Inc 815 Ponce de Leon, Blvd suite # 100 Coral Gables, FI 33134 Remove loosing Concrete (plus 3" more) on Concrete Slab and apply Repair Mortar CR 311-CI STO See Pict # 12 Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Picts # 13 Remove loosing Concrete (plus 3" more) on Concrete Column & Slab and apply Repair Mortar CR 311-CI STO See Picts#14,#15&#16 Remove loosing Concrete (plus 3" more) on Concrete Tie Beam and apply Repair Mortar CR 311-CI STO See Picts #17&#18 Remove loosing Concrete (plus 3" more) on Concrete Slab and apply Repair Mortar CR 311-CI STO See Picts #19&#20 Remove loosing Concrete (plus 3" more) on Window Beam and apply Repair Mortar CR 311-CI STO See Picts # 21 & # 22 Remove loosing Concrete (plus 3" more) on Tie Bean and apply Repair Mortar CR 311-CI STO See Picts # 23 & # 24 Remove loosing Concrete (plus 3" more) on Tie Beam and apply Repair Mortar CR 311-CI STO See Pict # 25 Remove loosing Concrete (plus 3" more) on Concrete Column and apply Repair Mortar CR 311-CI STO See Picts #26,#27 &#28 Remove loosing Concrete (plus 3" more) on Concrete Column and apply. Repair Mortar CR 311-CI STO See Picts # 29 & # 30 Office: 305-441-9118 Fax: 305-441-8111 Email: info@jb-contractors.com Level 3 Level 4 Level 6 Level 7 Level 8 Level 9 Level 10 J.B. Builders Contractors, Inc 815 Ponce de Leon, Blvd Suite # 100 Coral Gables, FI 33134 North Stair Remove loosing Concrete, on Tie Beam & Concrete Slab and apply Repair Mortar CR 311-CI STO See Picts #33&#34 Remove loosing Concrete, on Tie Beam & Wall and apply Repair Mortar CR 311-CI STO See Picts #35, #36 &#37 Remove loosing Concrete, on Tie Beam & Concrete Slab and apply Repair Mortar CR 311-CI STO See Pict # 38 Remove loosing Concrete, on Tie Beam & Concrete Slab and apply Repair Mortar CR 311-CI STO See Pict # 39 Remove loosing Concrete, on Tie Beam & Concrete Slab and apply Repair Mortar CR 311-CI STO See Picts # 40, # 41, # 42 & # 43 Remove loosing Concrete, on Tie Beam & Concrete Slab and apply Repair Mortar CR 311-CI STO See Picts#44, #45,#46, &#47 Remove loosing Concrete, on Tie Beam & Concrete Slab and apply Repair Mortar CR 311-CI STO See Picts # 48, # 49, # 50, # 52, # 53 & # 54 Office: 305-441-9118 Fax: 305-441-8111 Email: info c@jb-contractors.com J.B. Builders Contractors, Inc 8.15 Ponce de Leon, Blvd suite # 100 Coral Gables, FI 33134 South Stair Level 6 Remove loosing Concrete, on Tie Beam,& Concrete Column and apply Repair Mortar CR 311-CI STO Level 7 Remove loosing Concrete, on Concrete Column and apply Repair Mortar CR 311-CI STO Note: All loosing Concrete will be removed and the Corroed Steel will be brushed in order to remove all the corrosion, then will be Treated with CR 246 STO as the Engineer Recommendation. See Products Sheet Attach to this Porposal Contract, Office: 305-441-9118 Fax: 305-441-8111 Email: infocjb-contractors.com OFFICE OF THE CITY CLERK CITY OF MIAMI IN RE: PROTEST OF SEPI'EMBER 14, 2010 RECOMMENDATION OF AWARD OF CONTRACT FOR ITS NO. 09-10-018 (RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2 B-30579) J.B. BUILDERS & CONTRACTORS, INC. D/B/A BALLARENA CONSTRUCTION Petitioner, v. CITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM Respondent. AFFIDAVIT OF JORGE BALLARENA IN SUPPORT OF WRITTEN PROTEST AND INCORPORATED MEMORANDUM OF LAW EXHIBIT "C" J. EDUARDO GORIZAIL/EZ PE., MISC. Structural Engineers 717 Punce de Leon Blvd. Seite, 309 Coral Gables Florida 33134 Tel. (305) 445-5100 Fax (3OS) 445-5644 !SSP ECTO ON EI RE=• INSPECTION n PHOJE " t 41-0 Ott L.Flir ARCH! i ECT PERMREPORT # IT # 1 PAGE OF • / -DA 0 qt0 ',70e) • CONTRACTOR; .6 " 6.11/0615 aliToicr Ac SITE VISIT n REMEDIAL n OMEN ........—.---...........------4 N9 ,...........0 ; / LOCATIONS ITEMS ' ' ..... . " COMMENTS 8 1148TRUCTION 0 &PP. IfilL4. EWA i ..... ... 47- >)001 cl • . ,ti6X?.POE .... 0 (1 D CAC' C(OW (..i , cL G • , • I Lit . T-E717-f ler7ifil ie. 4 -r ec fi ,t,,, Coe . e576-747%)7. 7, P-11- )N2 -AT .. i i / .. • 7;i4e- • . 11 AT-0,etig r IF 17:h' ( ariy , ) r ti - t 5Tft . . - /... . e . -,, • . .. . .. • . . . • r .. . • ..e . i , . , . : . . . • . • . i .. • . . i .. i TN q!. i.... • , . ..• : , .. REMARKS: PRESENT: IR) lic7,1 A42 - IY)tyuc:K00,e1.606-Tt. 6 RS (..b6tivk &i.e. /Pi ;KI J. EDUIAIROO GONZALEZ p_te., ;. Structural Enginee_sS 717 Punce de Leon vd.- Suite Coral Gables Foride 3 3 157!'3 4 Tel. (305) 445-5100 Fax (305) 445-6644 INSPECTION RE- I NS PfECTION 0 SITE VISIT ) - ; PROJECT : 4070, (id -7-i• it ARCHITECT : PERMIT # DATE : aq/05/0 --r, CONTRACTOR 0- - n REMEDIAL REPORT # : PAGE OF' tiaue5 09A13 IV' LOCATIONS ITEMS , COMMENTS 6 INSTRUCTIONS. ,....:. SFRUIELJTS. Ap;.. wit n bil,r;'j i , ; .,... . „ if c---._ 'Fa- 124-,eve 4 r ' ),;21/1-, ., t-- c- , EvegYii-tmlb / PONE gy , , oct "cc-oil/cm-DAT/ay. . ... ........„... . . ..,..,„ . ........ , REMARKS: PRESENT: lomtworz. (o5 (.6-6v/04 IR I J. 1E-DLRB%R67ID GOV ZALE2 Structural E n g i n e e_r s 717 Ponce de Leon Blvd. - Suite , $09 Coral Gables Florida 3 3 1 3 4 Tad_ (305) 445-5100 Fax (305) 445-6644 INSPECTION 01.0.110. n 00E— INSPECTION 0 SITE VISIT 'PROJECT ARCHITECT PERMIT # = REPORT # : / DAIS r PAGE ! OF CONTRACTOR n REMEDIAL OTNER LOCATIONS ITE MS ..,! is .. COMMENTS INSTRUCTIONS ULT'S 1 REMARKS. PRESENT: !RI PERr ORIv1ED BY', RECEIVED BY: `` COMPANY:. — L. 1,--`:::,c. _. z J. EDUARDO GONZALEZ Structural Enginee_rs. 717 Ponce de Leon Blvd. - Suite , 309 Cov-al Gables Florida 3 3 1 3 4 Tel. (305) 445-5100 Fax (305) 445-5644 Ei INSPECTION RE— INSPECTION 0 SITE VISIT LOCATIOP49 REiviARKS: PRESsENT: IRI 1.1 : • L PROJECT : DE A-0Th7_. '76-A-F _ ARCHITECT ; PERMIT ; REPORT * ; DA 1 CONTRACTOR: REMEDIAL PAGE OF UrIER COMMENTS S INISTRUCTION foloULTS PERFORMED. BY*, / tr dRECEIVED OOMPAN : • • OF'F10E OF THE CITY CLERK • 'CITY OF MIAMI IN RE: PROTEST OF SEPTEMBER 14, 2010 RECOMMENDATION OF AWARD OF CONTRACT FOR ITB NO. 09-10-018 (RESTORATION AND RENOVATION OF HISTORIC FIRE STATION NO. 2 B-30579) J.B. BUILDERS & CONTRAC:I'ORS, INC. D/B/A BALLARENA CONSTRUCT"PION Petitioner, V. • CITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM Respondent. AFFIDAVIT OF JORGE BALLARENA IN SUPPORT OF WRIT"1'FN PRO VEST AND INCORPORATED MEMORANDUM OF LAW EXHIBIT "D" 427 INC 'VTR Ac-r° JB BUILDERS & CONTRACTORS NC 815 Ponce de Leon Suite 100 Coral Gables, FL 33134 Bill To The Tides. South Beach.. Engineering Department 1220 Ocean Drive. Miami Beach, Fl 33139 invoice Date Invoice # 12/ 17/2007 525 Project Accounting Offices Description Est Amt Total % Amount Remove existing metal partition (Approx 14 Li) Create new metal partition (25 Lf of 3 5/8" Metal —1/2" Drywall) Furnish & Install new Acoustic Ceiling Tile (Approx. 120 sqft) Metal Door relocation, on new addition to the office Remove existing Door Cover (on entry Office), and repair damaged areasA/C relocation (water lines are. existing) New Elecrical System (6 outlets, I switch, 1 data outlet, 2 fluorescent light) Existing Electrical Panel relocation Install new Vinyl Tile Floor, on new office (approx. 120 sqft) Paint the New Offices 4t � a a� r a mCO ti to ri nt m ca m } tJ N 10,500.00 100.00% 10,500.00 bengriffin@griffinbuildingproducts.com Total $10,500.00 Phone # 305-441-9118 Fax # 305-441-8111 Payments/Credits $o.00 E-mail jballarena@jb-contractors.com Web Site www. j b-contractors. coin Balance Due $10,500.00 KHM Tides as Agent for Tides Real Estate, LLC DATE INVOICE NO COMM. 1 AMOUr i DISCOUNT NET AMOUNT 12/17/2007 525 10,500.00 0.00 10.500.00 TIDES SOUTH BEACH CI-IECK: 034715 01/17/2008 JB Builders & Contractors CHECK TOTAL: 10,500.00 4 � 55 Nation, Meredith From: Jarahpour, Mohsen [MohsenJarahpour@miamibeachfl.gov] Sent: Wednesday, March 09, 2011 7:46 AM To: Nation, Meredith Cc: McConachie, Richard; Avalos, Adrian Subject: RE: Tides Hotel (1220 Ocean Drive) 40 Year Re -certification (2008) Inquiry Ms. Nation, According to Florida Building Code Section 105, building permit is required for the mentioned repairs and corrections. Regards, MIAMIBEACH Mohsen Jarahpour, CFM, Chief Engineering Inspector BUILDING DEPARTMENT 1700 Convention Center Drive, 2nd Floor, Miami Beach, FL 33139 Tel:305-673-7610 / Fax: 305-394-4063! www.miamibeachfl.aov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community From: Nation, Meredith [mailto:MNation@miamigov.com] Sent: Tuesday, March 08, 2011 4:44 PM To: Jarahpour, Mohsen Cc: McConachie, Richard; Avalos, Adrian Subject: RE: Tides Hotel (1220 Ocean Drive) 40 Year Re -certification (2008) Inquiry Mr. Jarahpour, Thank you for confirming that a permit does not exist for the contractor Ballarena Construction Company in regard to the property located at 1220 Ocean Drive and for detailing the re -certification processes. If a scope of services included the "restoration of concrete foundations, columns, beams, tie beams and stairs" either as part of a re-certifcation process or as general improvements, require a permit either under Miami -Dade Code 8-11F or the Florida Building Code? .914erec1th From: Jarahpour, Mohsen [mailto:MohsenJarahpour@miamibeachfl.gov] Sent: Tuesday, March 08, 2011 4:37 PM To: Nation, Meredith Cc: McConachie, Richard; Avalos, Adrian Subject: RE: Tides Hotel (1220 Ocean Drive) 40 Year Re -certification (2008) Inquiry Ms. Nation, According to Miami Dade County Ordinance 8-11 (f) when a building is due for 40 or 10 years building re- certification, Owner must hire a State of Florida registered professional engineer or architect to perform inspection and prepare reports to certify that the building is structurally and electrically safe for the specified use and continued occupancy. 1. In the event that repairs or modifications are found to be necessary resulting from the building recertification inspection, the property owner must hire licensed contractor to obtain the required permits from the Building Department to correct repairs or modifications as required by Florida Building Code Section 105. Building permits must receive the required inspection approvals from the Building Department. Once the repairs has been completed the engineer and/or the architect of record must submit a signed and sealed report stating that repairs have been completed and the building is structurally and electrically safe for continued use. When the recertification report has been approved, the Miami Beach Building Official will issue a Building Recertification approval letter that will be sent to the owner and the engineer and/or architect of record. Based on our records, 10 year structural recertification for the building located at 1220 Ocean Drive, Miami Beach was prepared by J. Eduardo Gonzalez, P.E on September 10, 2008 and was submitted to the Building Department on 12/24/2008. The electrical recertication report was prepared by Henry Vidal, P.E on August 24, 2009 and was submitted on 08/26/2009. 10 year building recertification for the referenced building was issued by the City of Miami Beach on November 20, 2009. Attached please find building recertification reports for 1220 Ocean Drive. Our records indicate that Ballarena Construction Company has not received any building permit from the City Of Miami Beach for 1220 Ocean Drive. Regards, M!AMIBEACH Mohsen Jarahpour, CFM, Chief Engineering Inspector BUILDING DEPARTMENT 1700 Cinvention Center Drive, 2nd Floor, Miami Beach, FL 33139 Tel: 305-673-7610 / Fax: 305-394-4063 / www.miamibeachitaov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community From: Nation, Meredith [mailto:MNation©miamigov.com] • Sent: Thursday, March 03, 2011 4:48 PM To: Jarahpour, Mohsen Cc: McConachie, Richard Subject: Tides Hotel (1220 Ocean Drive) 40 Year Re -certification (2008) Inquiry March 3, 2011 Mr. Mohsen Jarahpar, Chief Engineering Inspector Building Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re: 40 Year Re -certification of Tides Hotel Property Dear Mr. Jarahpar, I am writing to request your assistance with understanding the process to re -certify a City of Miami Beach commercial property exceeding 2,000 square feet, and further; the specific role of the general contractor, Ballarena Construction, in the restoration of the Tides Hotel historic property located at 1220 Ocean Drive in Miami Beach. The purpose of my inquiry is to determine whether statements made by Ballarena Construction as part of their•submittal•response to Cityof Miami Invitation to Bid No. 09-10-018 are accurate. I understand that when a building is due for re -certification, a State of Florida registered professional engineer or architect must prepare a report certifying that the building is structurally and electrically safe, 2 or has been made structurally and electrically safe for the specified use for continued occupancy. In the event that repairs or modifications are found to be necessary resulting from the building recertification inspection, the property owner shall complete indicated repairs or modifications in compliance with all applicable sections of the Florida Building Code. The owner must hire a State of Florida licensed contractor and obtain permits from the Building Department prior to performing any repairs or modifications. Once all permits receive an approved final inspection from the City of Miami Beach's electrical and/or structural inspectors, the engineer and/or the architect of record must submit a signed and sealed report stating that all repairs have been completed and the building is structurally and electrically safe for continued use. When the recertification report has been approved, the Miami Beach Building Official will issue a Building Recertification approval letter that will be sent to the owner and the engineer and/or architect of record. Please confirm that this abbreviated description of the process is accurate. For the Tides Hotel specifically, I understand that J. Eduardo Gonzalez, P.E., Inc: submitted a report in December of 2008 stating that the property at 1220 Ocean Drive was structurally safe and required no repairs. This conflicts with statements made by Ballarena that they restored concrete foundations, columns, beams, tie beams and stairs at the property in 2008 as part of the re -certification process. Ballarena provided the City of Miami with engineer inspection/re-inspection reports documented and approved by the firm of J. Eduardo Gonzalez, P.E., Inc., dated April through September 2008, as evidence of the scope of work Ballarena completed. As additional evidence of the services provided by Ballarena, a plan sheet dated prior to the year 2000 is provided. If my understanding of the re -certification procedure is accurate, a building permit and subsequent inspections would have been required by Miami Beach for the type of work Ballarena is stating they completed at the Tides. I was unable to research the history of building permits for this property electronically and am requesting your assistance with determining if such a permit was issued, and if so, to what general contractor. Please call or write with any additional information I may be able to provide to assist you in researching this matter. An award of a construction contract on a City of Miami owned property is pending the outcome of this due diligence effort, therefore; I ask that you provide me with an indication of the complexity of this research so I may advise my associates on the timeline for completing this investigation. Thank you for your assistance, Meredith J. Nation cc: Mr. Richard McConachie, Building Official Meredith J. Nation City of Miami Purchasing Department 444 SW 2"d Avenue, 8th Floor Miami, FL 33130 305.416.1904 3