HomeMy WebLinkAboutR-00-0487J-00-474
5/24/00
RESOLUTION NO 001— 4,08,
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR FIFTHS (4/5THS ) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND ACCEPTING THE PROPOSAL OF
FERNAIVDO Z. GATELL, PLS, -Inc. FOR THE
PROVISION OF SURVEY SERVICES RELATING TO
SUBMISSION OF APPLICATIONS TO THE STATE OF
FLORIDA FOR LEASING, DISCLAIMERS, AND WAIVER
OF DEED RESTRICTIONS FOR PROPERTIES LOCATED
IN THE DINNER KEY AREA, IN AN AMOUNT NOT TO -
EXCEED $22,765; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 810101-270.
WHEREAS, the City of Miami entered into a lease with Grove
Harbour Marina and Caribbean Marketplace, LLC ("Grove Harbor") on
March 12, 1999, ("Lease") for the leasing of approximately 6.95
acres of upland and 6.6 acres of submerged land in the Dinner Key
area; and
WHEREAS, in accordance with the Lease, the City sought a
Partial Modification of Restrictions for the submerged lands from
the Board of Trustees of the Internal Improvement Trust Fund; and
WHEREAS, during the process it was discovered that a portion
of the submerged lands are sovereign submerged lands; and
WHEREAS, the City must enter into a lease with the State of
Florida for the sovereign submerged lands; and
WHEREAS, in order to proceed with the Lease and to continue
utilizing the area for docking purposes, the City must enter into
a lease with the State for the sovereign submerged lands; and
WHEREAS, to proceed with ongoing projects in the Dinner Key
area including the reuse of the Virrick Gym and the Coconut Grove
Convention Center site it is necessary to obtain clear title or
control of the property; and
WHEREAS, survey services were needed for various
applications to the State of Florida for the City to have clear
title or control of the property; and
WHEREAS, the Office of Asset Management sought proposals
from three firms: 1) Florida International, Inc., 2) A.R.
Toussaint and Associates, Inc., and 3) Fernando Z. Gatell, PLS,
Inc.; and
WHEREAS, Florida International, Inc. elected not to submit a
proposal due to the complexity of the work; and
WHEREAS, after reviewing the proposals, it was determined
that the proposal from Fernando Z. Gatell, PLS, Inc. was the most
responsive and responsible proposal; and
WHEREAS, the City Manager made a written finding that an
emergency existed and authorized the procurement of survey
services from Fernando Z. Gatell, PLS, Inc., at a total cost not
to exceed $22,765; and
87
Page 2 of 4
WHEREAS,
No. 8101017-240;
funds are available from Account Code
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.
Section 2. By a four-fifths (4/5th,) affirmative vote of
the members of the City Commission the City Manager's finding of
an emergency, waiving the requirements for competitive sealed
bids, and accepting the proposal from Fernando Z. Gatell, Inc. to
provide survey services in connection with applications to the
State of Florida for leasing, disclaimers and waiver of deed
restriction for properties located in the Dinner Key area, in an
amount not to exceed $22,765, is hereby ratified, approved and
confirmed with funds therefor hereby allocated from Account Code
No. 810101-270.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the mayor'.
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
Page 3 of 4
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PASSED AND ADOPTED this 8th day of June , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation n)w
n -es effective with the elapse ofteny(,1�0)day romthedateofCom n ari3n
samee, without the Mayor eo.
ATTEST:`'�
City Clark
WALTER J. FOEMAN
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission..
Page 4 of 4
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
RECOMMENDATION:
19
DATE: k,.IM 2 3
SUBJECT
Emergency Purchase of
Survey Services
REFERENCES:
ENCLOSURES:
FILE :
It is respectfully requested that the City Commission adopt the attached Resolution
ratifying approving, and confirming the emergency action of the City Manager in
accepting the proposal from Fernando Z. Gatell, PLS, to provide survey services in
connection with applications to the State of Florida for leasing, disclaimers, and waiver
of deed restriction for properties located in the Dinner Key area.
BACKGROUND:
The City of Miami and Grove Harbor Marina and Caribbean Market Place, LLC (Grove
Harbor) entered into a lease on March 12, 1999 ("Lease") for leasing approximately 6.95
acres of upland and 6.6 acres of submerged land in Dinner Key. In accordance with the
Lease, the City of Miami sought a Partial Modification of Restrictions for the submerged
land from the Board of Trustees of the Internal Improvement Trust Fund. During this
process it was discovered that a portion of the submerged lands are sovereign submerged
lands. In order to proceed with the Lease and to continue utilizing the area for docking
purposes, the City of Miami must enter into a lease with the State for the sovereign
submerged lands.
The City is working on additional projects in the Dinner Key area including the reuse of
the Virrick Gym and the Coconut Grove Convention Center site. In order for these
projects to proceed, it is necessary for the City to obtain clear title and/or control of the
property.
In order to file various lease, disclaimer, and waiver of deed applications with the State,
various surveys were required as an attachment to the respective applications. The Office
of Asset Management sought proposals from Florida International, Inc., A.R., Toussaint
and Associates, Inc. and Fernando Z. Gatell, Inc. with Florida International, Inc., electing
not to submit a proposal due to the complexity of the work.
0"0— 487
The Honorable Mayor and Members
of the City Commission
Page 2
After reviewing the proposals submitted by A.R. Toussaint and Associates and Fernando
Z. Gatell, PLS, Inc. it was determined that the proposal from Fernando Z. Gatell was in
the best interest to the City. The City Manager made a finding of emergency authorizing
the procurement of these survey services at a total cost not to exceed $22,765. The funds
are available in account code number 810101-270.
CAG: JBL: LB: M V : Survey: Dksurveypurchse. doc
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Donald H. Warshaw
iU
City Manager
January 4, 2000
DATE: FILE:
SUBJECT: Emergency Purchase. of
Survey Services (Revised)
FROM •Laura Blllberry, Dire REFERENCES:
Office of Asset Management
ENCLOSURES:
It is respectfully requested that you designate the acquisition of survey services of various
parcels in the Dinner Key area as an emergency.
' The City of Miami and Grove Harbour Marina and Caribbean Marketplace, LLC ("Grove
Harbour") entered into a lease on March 12, 1999 for Grove Harbour's leasing of
approximately 6.95 acres of upland and 6.6 acres of submerged land in the Dinner Key
area. The lease provides for the City to seek a Partial Modification of Restrictions for the
submerged land from the Board of Trustees of the Internal Improvement Trust Fund.
During this process, the State questioned the City'* ownership of a portion of the .
submerged land which lies between the physical bulkhead line and the US Harbour Line
(the "Subject Property"). The State acknowledges the City's ownership of those
submerged lands lying easterly of the US Harbor Line but these submerged lands will
require a Partial Modification of Restrictions due to a deed restriction. The City has been
unable to provide sufficient evidence to the State of the City's interest in the Subject
Property. Therefore, in order to proceed with the Grove Harbour lease in a timely
manner, the City determined it would be in its best interest to lease the Subject Property
from'the State and to sublease the Subject Property to Grove Harbour. In accordance
with State guidelines, it is necessary for the City to provide a survey of the property to be
leased from the State and the property which requires a Partial Modification of
Restrictions. -
In addition, there are lands in the Dinner Key area that have been filled since the original
platting of Dinner Key. These filled lands lie within a portion of the Grove Harbour lease
area as well as the Coconut Grove Convention Center site which the Department of Real
Estate and Economic Development is currently working on an RFP for. In order to
request a disclaimer from the State pursuant to the Butler Act, a survey of the filled areas
must be provided. In short, the Butler Act provides for an upland owner to own those
lands filled prior to 1957.
00— 4 8
Donald Warshaw
January 4, 2000
Page 2
Therefore, in order to fulfill the City's obligations under the Grove Harbour lease and to
proceed with the RFP for the Coconut Grove Convention Center, it is necessary for the
City to obtain these survey services on an emergency basis.
The Office of Asset Management met with three different surveyors to discuss the work.
They are Florida International, Inc., A.R. Toussaint and Associates, Inc. and Fernando Z.
Gatell, PLS, Inc. Florida International, Inc. elected not to perform this work due to the its
complexity. After reviewing the proposals submitted by A.R. Toussaint and Associates,
Inc. and Fernando Z. Gatell, PLS, Inc., we find the proposal submitted by Fernando Z.
Gatell, PLS, Inc. to be in the -best interest of the City. A copy of the respective proposals
is attached for reference. The scope will include items one, three and four of the attached
proposal from Mr. Gatell. Mike Whitting from Dade County will be performing item two
of the proposal, determination of the State Plane Coordinates, at no cost to the City. We.
will not be contracting for the aerial. Funds to cover the cost of these services in an
amount not to exceed $14,100 are available in Account No. 810101-270. "This amount
includes approximately 15% contingency to cover the cost of any additional survey
services that may be required as a result of the State's review of our lease, waiver and
disclaimer applications.
Your signature below will authorize the acquisition of these services on an emergency
basis from Fernando Z. Gatell, PLS, Inc at a total cost not to exceed $14,100 which
includes a contingency to cover unforeseen work. A memorandum advising the
Commission of this action is . also attached for your signature. Should you require
additional information, please call me at 416-1452.
BUDGET APPROVAL:
n9:2:T•1�/0•3
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DHW:JFL:LB:mEmergPurch surveys
H. Warshaw, City Manager
l�.s'ad
C* of Miami
root & Budget
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CONTRACT REVIEW AND ANALYSIS FORM
ATTACH SUPPORTING DOCUMENTS
DEPARTMENT/DIVISION: OFFICE OF ASSET MANAGEMENT
CONTACT PERSON/CONTACT NUMBER: LAURA BILLBERRY, 416-1452
CONTRACTING ENTITY: FERNANDO GATELL, PLS, INC.
RESOLUTION NUMBER: To be ratified by CC BID/PROJECT NUMBER: n/a
BUDGETARY INFORMATION: Are funds budgeted? X YES NO If yes,
TOTAL DOLLAR AMOUNT: x EXPENSE ❑ REVENUE
SOURCE OF FUNDS: Asset Mgt ACCOUNT CODE(S) 001000.810101.6.270
If grant funded, is there a City match requirement? ❑ YES ❑ NO AMOUNT:
Are matching funds Budgeted? ❑ YES ❑ NO Account Code(s):
TERMS OF CONTRACT:
Effective Date: Upon approval
Escalating Clause, if any: n/a
Contract Period (s): Upon completion of survey work
Penalties, (if any), for termination: n/a
Payment terms: upon completion of work
If grant funded, list restrictions/requirements, if applicable:
SUMMARY/DESCRIPTION OF CONTRACT OR AGREEMENT
Is this an extension? ❑ YES X NO
If YES, actual expenditures in previous contract Year:
Procure survey services on an emergency basis to prepare certain surveys in the Dinner Key area.
JUSTIFICATION FOR CONTRACT OR AGREEMENT
(Include why it is needed, consequences if not authorized or approved and time constraints, if any.)
Procure survey services on an emergency basis to prepare certain surveys in the Dinner Key area. These surveys are
required in order for the City to make application to the State of Florida for disclaimers, deed waivers and leasing. These
services are needed on an emergency basis in order to meet our contractual obligations pursuant to a lease agreement with
Grove Harbour Marina and Caribbean Marketplace, LLC and to proceed with the issuance of an RFP on the Coconut
Grove Convention Center site which will result in recurring revenues to the City.
METHOD OF PURCHASE (If .applicable)
❑ Telephone quotes ❑ Single Purchase
❑ Written quotes ❑ Short -Term Contract
❑ Negotiated Purchase ❑ Term of Contract
❑ Sole Source (include documentation) ❑ Lease (Type: )
X Bid Waiver (include documentation) ❑ Other
❑ Formal Bid/Proposal (include bid tabulation/proposal ranking)
PREVIOUS AWARDS OF BIDS (IF APPLICABLE)
From most recent: 1)
DIRECTOR or DESIGNEE:
Approval to use CIP Funds:
OVERSIGHT BOARD APPROVAL
Date:
Date. 0
01/�
e: ? Y
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