HomeMy WebLinkAboutR-94-0278i
Ai'
J-94-266
3/29/94
RESOLUTION NO. 9 4 2 7 8
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS
OF THE MEMBERS OF THE CITY COMMISSION WAIVING
FORMAL COMPETITIVE SEALED BID PROCEDURES FOR
THE PROCUREMENT OF ENVIRONMENTAL MONITORING
AND TESTING SERVICES TO BE PERFORMED AT THE
CITY'S SAWYER PROPERTY LOCATED AT
l 801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA;
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY EXISTS
JUSTIFYING SUCH WAIVER FOR SAID SERVICES;
j AUTHORIZING THE CITY MANAGER TO ACCEPT THE
{ LOWEST RESPONSIVE AND RESPONSIBLE BID FOR SAID
SERVICES AT SAID PROPERTY; ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED $5,000 FOR
SAID SERVICES FROM THE "SOUTHEAST OVERTOWN
PARK WEST TRUST," ACCOUNT NO 550108-340,
PROJECT NO. 689001; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AND/OR ISSUE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER.
WHEREAS, the City Manager has made a finding that
leakage/contamination has occurred from the underground fuel
storage tanks previously removed from the City's Sawyer property
located at 801 Northwest 2nd Avenue, Miami, Florida, constituting
a valid public emergency; and
WHEREAS, the nature of said emergency requires the immediate
procurement of environmental monitoring and testing services to
protect the health, safety and welfare of the citizens of the
City; and
CITY COMMISSION
MEETING OF
APR 1 4 1994
Resolution No.
94- 278
WHEREAS, Federal, State and County regulations require that
a Monitoring and Testing Program be accomplished by a licensed
environmental consultant laboratory whenever soil and/or
groundwater contamination have been discovered to determine what
further action, if any, is required; and
WHEREAS, the normally required procedures and scheduling
requirements for formal advertising, receipt of bids, award of
contract and processing of contracts will needlessly and unwisely
delay the monitoring and testing of the contamination at the
Sawyer Property; and
WHEREAS, Sections 18-52.5 and 18-52.6 of the City Code make
provision for the emergency procurement of required goods and
services for public work projects and improvements; and
WHEREAS. the City Manager, Director of the Department of
Public Works and Director of Development and Housing Conservation
recommend that informal bid procedures be utilized to procure the
needed services, equipment and/or materials for said
environmental monitoring and testing; and
WHEREAS, after receipt of informal bids, contraot(s) for
said services, equipment and/or materials will be awarded to the
lowest responsible bidder(s) by the City Manager; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
-94- 2'78
t
- 2 -
41
5ry�i ,
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference and
incorporated herein as if fully set forth in this Section.
Section 2. The City Manager's finding that a valid public
emergency exists justifying such waiver for environmental
monitoring and testing services is hereby ratified, approved and
confirmed.
Section 3. By an affirmative vote 4/5ths of the members of
the City Commission, formal competitive sealed bid procedures for
the procurement of services, equipment and/or materials for
environmental monitoring and testing at the Sawyer property,
located at 801 Northwest 2nd Avenue, Miami, Florida are hereby
waived.
Section 4. The City Manager is hereby authorized to accept
the lowest responsive and responsible bid for the necessary
monitoring and testing services.
Section 5. An amount not to exceed $5,000 is hereby
allocated therefor from the "Southeast Overtown Park West Trust
Account No. 550108-340, Project 689001.
I
Section 6. The City Manager is hereby authorized to execute
and/or issue the necessary documents , in a form acceptable to
the City Attorney, with the successful bidder(s) for said
environmental monitoring and testing.
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 Code and Charter provisions.
94- 278
- 3 -
Seotion 7. This Resolution shall become effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of April 1994.
STEPHEN P. CLARK, MAYOR
ATTUfl
MA TY HIRAI
CITY CLERK
SUBMITTED BY:
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW BY:
I
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
GMM:as:osk:M4245
- 4 -
CAPITAL REVIEW:
AIRBERT J ./B
DEPT. OF �0
CONSERVATION
i
ETA, -DIRECTOR
PMENT AND HO
APPROVED AS TO FORM AND
CORRECTNESS
IV
A.fQUI&N JQNZS, III
CITY ATTO Y
94- 278
f
CITY OF MIAMI, FLORIDA
� INTER -OFFICE MEMORANDUM
48
TO: Honorable Mayor and Members'—
of the City Commission
FROM :
C e s a >ri o
Citylger
J
RECOMMENDATION:
DATE W 31 MN FILE
SUBJECT Resolution Waiving Formal
Bids and Confirming City
Manager's Emergency Finding
At Sawyer Property
REFERENCES .
ENCLOSURES
It is respectfully requested that the City Commission adopt the
attached Resolution confirming the City Manager's emergency
finding and waiving the formal bid process for environmental
monitoring and testing services at the Sawyer Property, 801 N.W.
2nd Avenue.
BACKGROUND:
The Department of Public Works and the Department of Development
and Housing Conservation, in a continuing effort to serve all
residents of the City of Miami, are recommending the adoption of
the attached resolution confirming the City Manager's emergency
finding and waiving the formal bid process for environmental
monitor.ing and testing on City owned property at 801 N.W. 2
Avenue.
The property, known as the Sawyer property, Is a former gas
station whose underground fuel tanks were removed by the City
after purchase of the property In 1991. It has been determined
that the tanks did leak fuel Into the surrounding soil.
Dade County's Department of Environmental Resources Management
(DERM) has approved a monitoring and testing plan submitted by
the Department of Public Works. D.E.R.M.'s restrictive time
frame to accomplish the required monitoring and testing and the
possibility of remaining contamination both contribute to the
finding of emergency.
This property is proposed as the Lyric Theatre ancillary building
site.
r &/ I
(��4- 278