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Home My WebLink AboutR-92-0464r J92- 378 05-15-92 RESOLUTION NO. 9 2 - 464 A RESOLUTION, APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO UPHOLD THE PROTEST OF FRANK J. MORAN, INC., IN CONNECTION WITH BID NO. 91-92-044, TO REPLACE SIXTY (60) UPS BATTERIES LOCATED IN THE MIAMI POLICE DEPARTMENT, AS IT HAS BEEN DETERMINED TO HAVE MERIT. WHEREAS, on January 30, 1992, the City of Miami advertised for bids to replace sixty (60) UPS batteries at the City of Miami's Police Department; and WHEREAS, on February 19, 1992, the City of Miami received three (3) responses to the bid and, after evaluation, determined that the most responsible and responsive bidder was Jantech Power Services; and WHEREAS, on February 25, 1992, the City of Miami received a protest from Frank J. Moran, Inc., in connection with said- bid; and WHEREAS, Frank J. Moran, Inc., alleged that the apparent low bidder, Jantech Power Services, did not meet bid specifications and lacked the proper license to secure permits to perform the required work; and CITY COMNIISSION MEETING OF J1) I. 0 9 1992 Resolution No. 92-. 464 WHEREAS, the Chief Procurement Officer, pursuant to Section 18-56.1 of the City Code, in her role as arbiter, investigated the matter and sought a ruling from the City's Building Official and Chief Electrical Inspector, in accordance with their authorization and responsibilities under the South Florida Building Code; and WHEREAS, on April 13, 1992, Frank J. Moran, Inc., brought the matter before the Metro Dade County's Board of Rules and Appeals which ruled that an electrical permit is required to complete said project; WHEREAS, the Chief Procurement Officer has determined that, based on the County's ruling, the protest has merit and should be upheld; and WHEREAS, the City Manager and the City Attorney concur with and approve the finding of the Chief Procurement Officer and recommend upholding the protest filed by Frank J. Moran, Inc.; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. -2- 92-- 464 Section 2. The Chief Procurement Officer's decision to uphold the protest from Frank J. Moran, Inc., in connection with Bid No. 91-92-044, to replace sixty (60) UPS batteries at the City of Miami's Police Department, is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of Ju ATTE T: MAT HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATT RNEY APPROVED AS TO FORM AND CORRECTNESS: • -3- VIER L. , 1992. Z, MAYOR 92- 464 4 C. T` pc iA', . r _0RIDA INTER -OFFICE MEMORANDUM � 19 Honorable Mayor and Members of the City Commission DATE_ tn,r1p,Y .%1`I' FILE SIJBJECT Resolution of Protest to Replace Sixty (60) UPS Batteries at the Miami Police Department REFERENCES Cesar H. Odio City Manager ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to uphold Frank J. Moran, Inc.'s protest, in connection with Bid No. 91-92-044, to replace sixty (60) UPS batteries at the City of Miami's Police Department. On February 19, 1992, three bidders responded to the City's invitation to bid on the above noted service. One bidder, Frank J. Moran, Inc., submitted a protest to the Chief Procurement Officer on February 25, 1992, relative to this bid. In its protest the firm alleged that the apparent low bidder, Jantech Power Services, did not meet bid specifications and lacked the proper license to secure the permit necessary to do the job. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer investigated the matter and sought a determination from the City's Building Official and Chief Electrical Inspector, in accordance with their authorization and responsibilities under the South Florida Building Code. The Building Official issued a memorandum advising that, based upon a site inspection of the required work, an electrical permit was not required to install the batteries. The City notified the protesting party that a permit was not needed and that the firm's protest.lacked merit. Subsequently, Frank Moran, Inc. appeared before the Dade County Board of Rules and Appeals, which overturned the City's determination and ruled, that an electrical permit was required for the job. The Chief Procurement Officer rescinded her letter and determined that the protest had merit, based upon the Board's ruling. Therefore, Frank Moran, Inc.'s protest is being upheld. Attachments: Proposed Resolution Copies of Protest Letter and Board -Ruling 92 - 46 4 METROPOL IU.N DADE C9 J�:TY. FLORIDAlip METRODADE r� METRO-DADE CENTER OFFICE OF THE COUNTY MANAGER BUILDING CODE COMPLIANCE OFFICE SUITE 1010 111 N.W. 1st STREET MIAMI, FLORIDA 33128-1974 (305) 375.29?1 April 22, 1992 City of Miami Procurement Management Division/GSA 1390 NW 20th Street Miami, FL 33142 Attention: Ms. Ann Whitaker Dear Ms. Whitaker: At the April 13, 1992 meeting of the Board of Rules and Appeals, Mr. Charles Moran, an electrical contractor, was appealing a decision made by the City of Miami not to require a permit to change the UPS battery system at the City of Miami Police Station. After hearing the testimony of Mr. Moran and representatives from the City of Miami, Mr. Jorge -Ventura and Mr. Jimenez, the Board decided that this job required an electrical permit and it is electrical in nature. The vote was unanimous. If you have any questions, please call our office. Sincerer; `. \j7' CKiarles Danger,- P . E . Chief Code Compliance Officer Dade County CD:jms 92- 464 FRANK J . M RAN. 1 i`J C. --- :', `\ General Contractors Electrical Contrecto February 24, 1992 i � � rit City cLt !•hang, Purchasing , pitme 1390 N.W. 20th Street Miami, Florida 33142 Attn: Ms. Judy S. Carter RE: C.P.S. Batteries Bid=91-92-044 Dear Ms. Carter: I Please consider this letter as our formal protest on the above referenced project. The apparent low bidder is not licensed to do business in the City of Miami, or Dade County, as required in the project s,->a=ificati.ons. Due to the lack of proper licensing the apparent low bidder would not able to secure the necessary permit for this work froa-n the buildimc, j department. i We have successfully completed nunerous projects for the City of Mia-ni j over the years, including 2 U.P.S. battery projects at the police station. i We are currently performing the new electrical distribution project at the Orange Bowl. I am requesting that this project be auarded to Frank J. Nbran, Inc. as the lowest responsive bidder. If you have any questions, please do not hesitate to contact me. Sincerely, .. F�iP1igC J. mow, INC. ( Charles T. Moran - = President 92- 464 1501 N.W. 29 St. • Suite 200 • Miami, Florida 33142 • 633-4948 - Fax: 633-7567 INTER -OFFICE MEMORANDUM Cesar 11. Odio, City Manager April 28, 1992 A. u.i�n Jones ITT, City Attorney DATE Recision of I.e`-ter SUBJECT to frank Moran, Inc. noes Judy 5.1Latter % FEFERENCES Prate;} In UPS Ratterles Ch' Procurement Off icer Bid No. 91-92-044 GS /5 D.e"p a r t me In t ENCI OSURr3 4 1 I hereby request your approval of my decision to reocind the letter sent to Frank J. Moran, Inc., on March 13, 1992, in connection with the above noted bid to furnish sixty (60) UPS batteries for the 14iami Police Department Building. My decision is based on the fact that the Dade County Board of Rules and Appeals overturned a ruling by the City's Chief Electrical Inspector and determined that an electrical p,,rmit is required to replace the batteries. APPROVED: r � fesar H. Odio, City Manager APPROVED: A. QdInn orit73s III, i l ty Attorney 4? 4-1— 92- 464 N CESAR K ()h10 City Managur May 13, 1992 CERTIFIED MAIL Mr. 'Charles T. Moran, President Frank J. Moran, Inc. 1501 NW 29 Street, Suite 200 Miami, FL 33142 Re: Protest in connection with Bid No. 91-92-044 - Replacing 60 UPS Batteries Dear Mr. Moran: Based upon the recent ruling by the Metro Dade County Board of Rules and Appeals that an electrical permit is needed to replace the batteries, I rescind my previous letter of March 13, 1992, concerning the above noted protest. The City Manager and City Attorney have approved my decision. This rescission and upholding of your protest shall be placed on the Thursday, June 11, 1992, City Commission agenda for consideration. The meeting will begin at 9:00 a.m. and will be held in the City Commission Chambers, 3500 Pan American Drive, Miami. The City Manager has rejected all bids, due to the lack of clarity in the bid specifications regarding the requirement of an electrical contractor's license. You will be advised when we readvertise this project. Please contact me if you have any further questions. Sincerely, Jud S. 'Chief Procurement Offi er cc Carmen L. Leon, Assistant City Attorney Icon E. Williams, Assistant City Manager Sergeant Wayne English, Police Department File 92- 464 DEPART`1ENT.01' GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Management Division 1190 N.W. 20th Siteel/Mldmi, Florida 31142/(305) 575-5174/fAX: (3051 57S-51W 9 -*