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HomeMy WebLinkAboutR-98-0284J-98-327 3/16/98 RESOLUTION NO. 9 8- 284 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF EMERGENCY CIRCUMSTANCES, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND AUTHORIZING HYDROLOGIC ASSOCIATES, INC. TO PERFORM PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES IN CONNECTION WITH THE SALE OF THE F.E.C. TRACT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000) FROM ACCOUNT NUMBER 921002-270. WHEREAS, on October 14, 1997 the City Commission passed and adopted Resolution No: 97-726 thereby approving an Interlocal Agreement by and between the City of Miami (the "City") and Miami -Dade County (the "County") for the sale of approximately 19.0420 acres of the real property commonly known as the FEC Tract (the "Property") to the County; and WHEREAS, under the terms of the Interlocal Agreement, dated January 8, 1998, the City has conveyed title to the County; and WHEREAS, under the terms of the Interlocal Agreement, the County has performed and pre -conveyance environmental testing and is presently performing post -conveyance environmental testing and remediation at the Property; and WHEREAS, under the terms of the Interlocal the parties agreed to escrow from the proceeds of the sale an amount of Two Million Five Hundred Thousand Dollars ($2,500,000) CITY co op MEETING of MAR 2 4 1"8 Resolution No. to fund the City's share of costs pertaining to the environmental testing and remediation; and WHEREAS, upon the advise of counsel the City Manager determined that it was essential to the best interest of the City to procure the services of qualified independent environmental engineer to monitor the environmental testing to be performed by the County at the Property; and WHEREAS, the City Manager selected and contracted with Hydrologic Associates, Inc. to perform such professional environmental engineering services at an amount not to exceed Four Thousand Five Hundred Dollars ($4,500) (the "Professional Services Contract"); and WHEREAS, on October 21, 1997, the Director of Planning & Development submitted to the City Manager in writing a request to increase the scope of services under the Professional Services Contract, providing a full explanation of the circumstances of the emergency and based thereon the City Manager authorized the increase in the scope of the professional services at a cost not to exceed Twenty Five Thousand Dollars ($25,000); 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 (4/5ths) affirmative vote of the members of the City Commission, ratifying, approving, and confirming the City Manager's finding that a valid public emergency existed, waiving the requirements for competitive sealed bids and authorizing Hydrologic Associates, Inc. to perform environmental engineer services in connection with the sale of the Property under the terms of the Professional Services 2 98- 284 Contract in an amount not to exceed Twenty Five Thousand Dollars ($25,000), with funds therefor hereby allocated from Account Number 921002-270. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of March , 1998. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY: JULIE O. BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOEL EDW i;WELL INTERIM CItY ATTORNEY W2391/JOB/kd/csk In mince with Miami Code Sec. 2.36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislat on now becomes effective with the elapse of ten (10) days from the date of Commission action regarding same, without the Mayor exercislng�avvl$o. Waft n, City Clerk 98- 284 TO FROM Honorable Mayor and Members of the City Commission Jose Garcia -Pedrosa City Manager RECOMMENDATION: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA-2 DATE : March 24, 1998 FILE : SUBJECT: Ratifying City Manager's Action REFERENCESEmergency Purchase of Environmental Oversight Services for FEC Tract ENCLOSURES: The administration recommends the City Commission approve the attached Resolution ratifying the City Manager's finding of emergency in authorizing Hydrologic Associates, Inc. to perform environmental oversight services in connection with the sale of the FEC Tract to Miami -Dade County. Funds to cover the cost of these services in an amount not to exceed Twenty Five Thousand Dollars ($25,000) are available in Account No. 921002-270. BACKGROUND: To facilitate the sale of a portion of the FEC Tract (the "Property"), and in accordance with the Interlocal Agreement dated January 8, 1998 (the "Interlocal"), between the City of Miami and Miami -Dade County (the "County"), the City entered into an Access and Indemnification Agreement dated August 28, 1997 ("Access Agreement"). This Access Agreement provided the County the opportunity to commence its environmental testing on the Property. Upon the advice of counsel, the City solicited proposals from three firms to provide oversight of the County's testing. The City received two proposals in response to this solicitation. The City accepted the proposal of Hydrologic Associates, Inc. at a cost of $85.00/hr for the principal geo-hydrologist and $55.00/hr for the environmental scientist with a maximum compensation of $4,500. The officers of Hydrologic Associates, Inc. are as follows: Leo J. Swayze, President; Bradley G. Waller, Vice President; and Theodore M. Miller, Secretary/Treasurer. The County completed its environmental investigation of the Property in October 1997, but results from that testing concluded that additional testing was required. This additional testing was outside the original scope of services of Hydrologic Associates, Inc. As per the City Manager's memo dated October 21, 1997, approval was given to Hydrologic Associates, Inca to continue to oversee the additional testing. The County's environmental engineer must continue to monitor the environmental conditions, and may be required to perform further testing during the excavation of the Property. It has been determined to be in the best interest of the City to continue to monitor and oversee any additional testing. Due to Hydrologic's knowledge of the Property, Honorable Chairman and Members of the City Commission Page 2 it is the most qualified firm to perform the continued monitoring services. The hourly rates for the expanded contract shall remain the same. To date the amount spent on the oversight work is Nine Thousand Nine Hundred Fifteen and 50/100 Dollars ($9,915.50). Of this amount, Three Thousand Five Hundred Seventy Two and 50/100 Dollars ($3,572.50) has been paid leaving an outstanding balance of Six Thousand Three Hundred Forty Three and 00/100 Dollars ($6,343.00). c: Christina M. Cuervo, Assistant City Manager Dena Bianchino, Office of Asset Management JGP:CMC:DB:af:Approval Hydrologic Ca � 98- 284 CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM TO: Edward Marquez OATS :October 21, 1997 RILE : City Manager SUBJECT ; Approval of Oversight Work for the FEC Tract FP4M: Jack L04 DAEFEaEacEs Purs" to the P=Jmw and Sale Agreement of the FEC Tract betwm the City of Miami and Dade County, the City has obtained the mvbm of Hydrologic Ammti:I4 Inc. to overm the enyhommund testing by the County on the F.E.C. Tnmt. The od&d scope of services was not to cooed fim thousand five hundred dollars ($4,500). However, due to additional testing required .by D.E.P.-M., Hydrologic Associates most now nwrem dm& scope of services and the cost related to dxm services. At this time we we requesting the allocation of twenty five dxmsmd to —4.all c4mu associated with this oversight wo& need to be presented to the M! 10K Your approval is requested m_mler that Asset Management can formally continue the oversight of the testing. Thank you. Approved: Edward MWP! Manager 2 2 J- 327 3/1 8 RESOLUTION NO. 98- RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATI TE OF THE MEMBERS OF THE CITY COMMISSI , RA IFYING, APPROVING AND CONFIRMING THE TY GER'S FINDING OF EMERGENCY CIRCUMST CES, WAI G THE REQUIREMENTS FOR COMPETITIVE ALED BIDS D AUTHORIZING HYDROLOGIC AS CIATES, INC. TO PERFORM PROFESSIONAL ENVI NMENTAL ENGINEER G SERVICES IN CONNECTION W THE SALE OF THE F.E. TRACT; ALLOCATING FUND HEREFOR IN AN AMOUNT OT TO EXCEED TWENTY VE THOUSAND DOLLARS ($25,0 ) FROM ACCOUNT ER 921002-270. WHEREAS, on October Resolution No: 97-726 thereby of Miami (the "City") and Miami-E 19.0420 acres of the real property the County; and WHEREAS, under the 199/th ity Commission passed and adopted .ig acal Agreement by and between the City o"County") for the sale of approximately my known as the FEC Tract (the "Property") to of the InIerlocal Agreement, dated January 8, 1998, the City has conveyed title the County; and WHEREAS, unde he terms of the Inter and pre -conveyance vironmental testing and is prN environmental tes ' g and remediation at the Property; < WHERE , under the terms of the Interlocal the the County has performed performing post -conveyance agreed to escrow from the proceeds of t)ie sale an amount of Two Million Five Hundred ThouVd Dollars ($2,500,000)