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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00445 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE CHIEF PROCUREMENT OFFICER'S RECOMMENDATION TO
DENY THE PROTEST OF J.B. BUILDERS & CONTRACTORS, INC.; D/B/A
BALLARENA CONSTRUCTION, AND UPHOLDING THE CITY MANAGER'S
RECOMMENDATION OF AWARD MEMORANDUM DATED SEPTEMBER 10, 2010,
TO AWARD 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 IN
RESPONSE TO INVITATION TO BID NO. 09-10-018.
WHEREAS, the Department of Capital Improvements Program issued Invitation to Bid ("ITB")
No. 09-10-018 on July 19, 2010, for the Renovation of Old Fire Station No. 2, Project B-30579, and
twelve (12) bids were received on August 17, 2010; and
WHEREAS, the Department of Capital Improvements. Program conducted an in-depth due
diligence review of the bids submitted and determined that Edgewater Construction Group, Inc., was
the lowest responsive and responsible bidder; and
WHEREAS, on September 14, 2010, then -City Manager Carlos Migoya, approved the
Recommendation of Award Memorandum dated September 10, 2010, and the memorandum was
communicated to all bidders in accordance with established protocols; and
WHEREAS, Ballarena Construction submitted.a formal Bid Protest of Award ("Protest") on
October 1, 2010, in accordance with the filing requirements of Section 18-104 (the Procurement Code)
of the Code of the City of Miami, Florida, as amended; and
WHEREAS, the Chief Procurement Officer has reviewed and extensively researched the
Protest and all applicable documents regarding the procurement of ITB 09-10-018 and is
recommending to the City Commission to deny the Protest of Ballarena Construction and to uphold the
City Manager's Recommendation of Award Memorandum dated September 10, 2010; and
WHEREAS, both the City Manager and City Attorney concur with the Chief Procurement
Officer's written recommendation dated April 6, 2011; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Chief Procurement Officer's recommendation to deny the Protest of Ballarena
Construction and to uphold the City Manager's Recommendation of Award Memorandum dated
City of Miami
Page 1 of 2 File Id: 11-00445 (Version: 1) Printed On: 5/20/2011
File Number: 11-00445
September 10, 2010, to award 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 in
response to ITB No. 09-10-018, is approved.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 11-00445 (Version: 1) Printed On: 5/20/2011