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HomeMy WebLinkAboutR-03-0304J-03-191 03/20/03 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF ENVIRONMENTAL ASSESSMENT AND REMEDIATION SERVICES FROM EVANS ENVIRONMENTAL AND GEOSCIENCES, INC. FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT, INCREASING THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $52,000, FROM $250,000 .TO.$302,000; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNTS, ACCOUNT CODE NO. 001000.921002.6.830. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four-fifths (4/5ths) affirmative vote, the City Manager's finding of an emergency, waiving the requirements for competitive bidding procedures and approving the acquisition of environmental assessment and remediation services from Evans Environmental and Geosciences, Inc., for the Department of Economic Development, in anamountnot to exceed $302,000, is ratified, approved and confirmed, with funds allocated from Non -Departmental Accounts, Account Code No. 001000.921002.6.830. CITY COMMISSION MEETMG OF MAP ? 7 2nn3 Rezolu#ioa No, 03 304:_:::1 Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.-'/ PASSED AND ADOPTED this 27th ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED,..AS TO FORM AND CORRECTNESStj r' r A DRO VILARELLO TY ATTORNEY W6980:tr:AS day of March , 2003. Y[ANUEL A. DIAZ, MAY �i 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. Page 2 of 2 03— 304 WE FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honora,We-Mayor and Members f the Cit Commission J e Arriola ity Manager DATE SUBJECT 31 i,AR 1 3 2003 Resolution Ratifying City Manager's Action FILE: REFERENCES: Extension of EE&G Environmental Services for the Civic Center Site ENCLOSURES: and Adjacent Parcels RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution ratifying, approving, and confirming by a four-fifths (4/5ths) affirmative vote, the City Manager's finding that an emergency situation existed involving the assessment and remediation of the Civic Center property and adjacent parcels, thus waiving the requirements for competitive procurement procedures and continuing and increasing the contract for environmental services with Evans Environmental & Geosciences, Inc., a Non-Local/Non-Minority vendor located at 14505 Commerce Way, Suite 400, Miami Lakes, Florida, 33016 in the total additional amount of $302,000 for the Department of Economic Development. Funding for this purchase is available from Non - Departmental Accounts, account code 001000.921002.6.830. BACKGROUND Since March 2002, the City of Miami (City), in cooperation with Miami -Dade Department of Environmental Resource Management (DERM), has completed a number of tests and reports to assess the extent of possible contamination at the City -owned Civic Center site and adjacent parcels. The assessments were completed by Evans Environmental and Geosciences, Inc. (EE&G) under a State of Florida SNAPS agreement as authorized by the City Commission via Resolution Number 01-267 (copy attached) up to $120,000. DERM informed the previous City Manager that the City must initiate removal and proper disposal of contaminated ground soil in and around the playground area of an adjacent property. The playground area creates direct exposure to the soil contamination and subsequently poses an immediate public health risk. City staff met with a representative of the adjacent property owner to apprise them of the health concerns and also requested access to the property to effectuate removal of the contaminated soil. Remediation activity is underway and will be completed shortly. Additionally, and in connection with environmental assessments at the City -owned Civic Center site and adjacent parcels, EE&G performed environmental assessment work (well installation, soil borings and subsequent laboratory analysis) that exceeded the authorized maximum under their State of Florida contract by $52,000. The additional assessments were directed by staff, discussed with the previous City Manager, and this request subsequently ratification for payment of outstanding balance. The required funds for both the removal of contaminated soils in the play area ($250,000) and additional environmental assessments ($52,000) amount to $302,000 and were allotted from account code 001000.921002.6.830. JA/L JBS 03- 30.4 Budgetary Impact Analysis Department F,.r,T,„ r Dpyel nrxrmt Division Commission Meeting Date: 2/27/03 Title and brief description of legislation or attached ordinance/resolution: waver of requirements for competitive bidding proceedures and approving acquisition of assessment and remediation services from Evans Environmental and Geosciences, Inc. 1. Is this item related to revenue? NO ❑ Yes ® (If yes, skip to item #4) 2. Are there sufficient funds in Line Item? CIP Project #: N/A (If applicable) Yes: X Index Code: 921002 Minor: 830 Amount: $302, 000 No: Complete the following information: 3. Source of funds: Amount budgeted in the line item: $ Balance in line item: $ Amount needed in line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project NoAndex/Minor Object From $ From $ To $ To $ 4. Comments: - sairrae of m• o • - srE-ot&1 Noc•ntsll, acccmnt• Approved b r — d I)epartm n Dir or/Desi e D e ►IVA APPROVALS Budgeting & Date: 2- 17-0!3 Verified by CIP: (If applicable) Director/Designee Date: 03-- 304 ;INTER-OFFIOE NIE'NIORAIVDU,A YM,'il;f n ERS GFFICF ------__ _------------ 02 FEB -l; P�? 4: Q� - - Joe Arriola "- - January 31, 2003 -- City Manager - -r Emergency Finding & Waiver of Competitive Bidding for Civic Center Environmental Assessment and Remediation Keith A. Carswell, Directoiffir s ;_: Department of Economic Since March 2002, the City of Miami (City), in cooperation with Miami -Dade Department of Environmental Resource Management (DERM), has completed a number of tests and reports to assess the extent of possible contamination at the City -owned Civic Center site and adjacent parcels. The assessments were completed by Evans Environmental and Geosciences, Inc. (EE&G) under a State of Florida SNAPS agreement as authorized by the City Commission via Resolution Number 01-267 (copy attached) up to $120,000. Recently, DERM informed the previous City Manager that the City must initiate removal and proper disposal of contaminated ground soil in and around the playground area of an adjacent property. The playground area creates direct exposure to the soil contamination and subsequently poses an immediate public health risk. City staff met with a representative of the adjacent property owner to apprise them of the health concerns and also requested access to the property to effectuate removal of the contaminated soil; the site access agreement is expected to be finalized during the week of February 3rd and work will commence immediately thereafter. Due to the immediate public health risk, we are recommending a waiver of competitive bidding procedures for this work. In an effort to expedite remediation activities for the play area, a proposal estimate was requested from EE&G. Per EE&G's proposal, the cost for the removal and disposal of contaminated soils that are located on the adjacent property is 5250,000. The Department of Capital Improvement Projects reviewed EE&G's estimate and scope of work and found it acceptable. Should you grant a waiver of competitive bid requirements and authorize us to proceed, the proposed work will be completed within 45 days. Additionally, and in connection with environmental assessments at the City -owned Civic Center site and adjacent parcels, EE&G performed environmental assessment work (well installation, soil borings and subsequent laboratory analysis) that exceeded the authorized maximum under their State of Florida contract by $52,000. The additional assessments were directed by staff, discussed with the previous City Manager, and this request subsequently seeks approval to pay the outstanding balance. The required funds for both the removal of contaminated soils in the play area ($250,000) and additional environmental assessments ($52,000) total $302,000 and are available in CIP project number 344102. 03- 304 Joe Arriola City Manager Page Two Please indicate your concurrence with the emergency waiver and performance of work by EE&G by signing below. Joe Arriola / City Manager JA/L J S Attachments 03- 304 r�. j - U _ 2 t 3/"/0. RESOLUTION N0. 01— 267 A RESOLUTION OF THE MIAMI CITY COMM'SSI_ON APPROVING THE ACQUISITION OF ENVIRONMENTA_ SITE ASSESSMENT SERVICES FOR THE MIAMI_ RIVER BROWNFIELDS REDEVELOPMENT PROJECT FOR THE DEPARTMENT OF REAL. ESTATE AND ECONOMIC DEVELOPMENT FROM EVANS ENVIRONMENTAL AND GEOLOGICAL SCIENCE AND MANAGEMENT, INC. , UNDER EXISTING STATE OF FLORIDA SNAPS II CONTRACT- NO. 9731.896-1, EFFECTIVE THROUGH MAY 1, 2001, AND SUBJECT TO ANY EXTENSIONS, IN AN -AMOUNT NOT TO EXCEED $120,000; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED "MIAMI RIVER BROWNFIELDS FUND," ACCOUNT - CODE NO. 110012.500001.6.240; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, Ordinance No. 11980, adopted October 12, 2000, estaclished a Special Revenue Fund for the, appropriati or. of grant Z unds received from the U.S. Environmental Protection Aaencv targeted for --he Miami River Bron=lelds area for e`vironmental research and assessment for development; and WHEREAS, many sites in this area are either known or suspected to be Contaminated and require environmental assessment to prepare for development of the area; and 1 1 • MAR 2 9 2001 1%6301#460a Na. 03- . 304 WHEREAS, the y Manager and the Direct ,.he Den= - =en: V o= Real Estate and Economic Development recommend t..a,. t::= acClllsltion of environmental site assessment services fr ::: Eva::s Environmental and Geological Science and Management, existing State of Florida -SNAPS II Contract No. 973=896-1, effective through May 1, 2001, and subject to any extensions, be approved; and WHEREAS, funds are available from the Special Revenue Fund entitled - "Miami River Brownfields Fund," Account Code No. 110012.500001.6.240; 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 accruisition of environmental site assessment services for Miami River Brownfields Redevelopment Project fo= the Department of Real Estate and Economic Development from Evans Environmental and Geological Science and Management, Inc., under existing State of Florida SNAPS II Contract No. 9731896-1, effective through May 1, 2001, subject to a- ;_ extensions, in an amount not to exceed $120,000, with funds allocated from the Special Revenue Fund entitled "Miami River Brownfields Fund," Account Code No. 110012.500601.6.240. Page 2 of 3 03-- 304 Section 3. The City Manager is a, or_zed- exe".:= an agreement, in a form acceptable to the City A; :.orney, k_t„ Evans Environmental and Geological Science and for environmental assessment services. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. PASSED AND ADOPTED this 29th day of March 2001. MAZOR In, u Coter,:e rod,e pec. 2-36. since re M11ycr di no de:.lgmaled p' e provided, said lep'—latioR rY;':/ raccr^es �. 2:Ci':8 ` i-ki� lohzm e!••__: '�f ;-? ! �ivj i� fro\n 4he t@ of C SKirl &rt.v�l Y" 1 regardi,., sama, v:ith,,,;t th;, Mayor examisir ��elo. / ATTEST: WALTER J. FOEMAN CITY CLERK -.-•% 9 City Clerk APPROVED TO ,P, M AND CORRECTNESS: �L AN _ V1LAREL _TY ATTORNEY W5137:LB:BSS a, The herei.r authorization is fur -her subject to compliance with ai= `• recuirements that may be imposed b:: :he City Attorney, including but not 11mited to those prescribed by applicable City Charter and Code provisions. 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. Page 3 of 3 03- 304 Policy Committee: Governor of State of Florida Mr. Jeb Bush Designee: Dr. Pamella Dana Chair of Miami.Dade Delegation Senator Kendrick Meek Designee: Ms. Debra Owens Chair of Governing Board of South Florida Water Management District Ms. Trudi K. Williams Designee: Mr. Gerardo Fernandez Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. Gary Winston Mayor of Miami -Dade County Mayor Alex Penelas Designee: Ms. Sandy O'Neil Mayor of Miami Mayor Manuel A. Diaz Designee: Mr. Javier Fernandez City of Miami Commissioner Commissioner Joe Sanchez Designee: Ms. Eileen Damaso Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Mr. Alfredo Gonzalez Chair of Miami River Marine Group Mr. Jim Brown Designee: Mr. Richard Bunnell Chair of Marine Council Mr. Phil Everingham Designee: Mr. James Wellington Executive Director of Downtown Development Authority Ms. Patti Allen Designee: Mr. Alonso Menendez Chair of Greater Miami Chamber of Commerce Mr. William O. Cullom Designee: Ms. Megan Kelly Neighborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Michael Cox Neighborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Ms. Jane Caporelli Representative from Environmental or Civic Organization Appointed by the Governor Ms. Janet McAliley Designee: Ms. Theo Long Member at Large Appointed by the Governor Mr. Robert Parks Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Tom Parker Member at Large Appointed by City of Miami Commission Mr. Cleve Jones, Jr. Designee: Captain Beau Payne Managing Director Captain David Miller Miami River Commission c/o Rosenstiel School 4600 Rickenbacker Causeway Miami, Florida 33149 Office: (305) 361-4850 Fax: (305) 361-4755 email: mrc@rsmas.miami.edu March 26, 2003 Honorable Commissioner Angel Gonzalez City Hall 3500 Pan American Drive Miami, FL 33133 Re: Recommendation for Approval of March 27, 2003 City Commission Agenda Items 7,18 & 31 Dear Commissioner Gonzalez: This letter serves as the Miami River Commission's (MRC) "official statement" to the City Commission, requested in City Resolution 00- 320, regarding March 27, 2003 City Commission agenda items 7, 18 & 31, which impact the Miami River corridor. The MRC recommends approval of agenda item 7, accepting and remediating the property located 1431 NW 17th Street, and item 31, authorizing additional environmental testing in the Wagner Creek area. These are positive steps towards remediating contamination in and adjacent to Wagner Creek. In addition, the MRC recommends approval of agenda item 18, authorizing the cleanup and removal of materials from Fern Isle Park, located at 2201 NW 11 Street. The clean up of Fern Isle Park, located on the Miami River's south fork, is a recommendation of our adopted strategic plan, the Miami River Corridor Urban Infill Plan. Should you have any questions, please feel free to contact MRC staff. Yours Very Truly, gobertL. Parks, Es . Chair, Miami River Commission Cc: Honorable Mayor Manuel A. Diaz City Manager Joe Arriola City Attorney Alex Vilarello City Clerk Priscilla Thompson iUBMITTED INTO THE 'UBLIC RECORD FUR' TEM�_ON 3=arm 03- 304