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Home My WebLink AboutR-90-0809J-90-820 10/1/90 RESOLUTION NO. _ 9.0 --- 8 O 3 A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/6THS OF THE MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR THE PROCUREMENT OF ENVIRONMENTAL CONSULTING/CONSTRUCTION SERVICES TO BE PERFORMED AT THE CITY'S HEAVY EQUIPMENT FACILITY LOCATED AT 1390 NORTHWEST 20TH STREET; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID(S) FOR SAID SERVICES AT SAID FACILITY; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $80,000 FOR SAID SERVICES FROM CAPITAL IMPROVEMENT PROJECT NO. 311009) ENTITLED "UNDERGROUND STORAGE TANK RETROFITTING"; 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(S). WHEREAS, the City Manager has made a finding that the leakage/contamination that Is occurring from the underground fuel and waste oil storage tanks at the City's Heavy Equipment Facility at 1390 Northwest 20th Street constitutes a valid public emergency; and WHEREAS, the nature of said emergency requires the Immediate procurement of environmental consulting/construction services to protect the health, safety and welfare of the citizens of the City; and WHEREAS, the City Commission initially recognized the need for said services by Its adoption of an emergency amendment to the Capital Improvement Appropriations Ordinance No. 10642 on September 7, 1990, which established the New Capital Improvement Project No. 3110091 entitled "Underground Storage Tank Retrofitting"; and WHEREAS, Federal, State and County regulations require that a Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) and Remedial Action Plan (RAP) be prepared by a licensed environmental consultant whenever soil and/or groundwater contamination have been discovered; 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 emergency remedlation of the contamination at the Heavy Equipment Facility thus resulting In additional contamination; 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 and Director of the Department of Public Works recommend that Informal bid procedures be utilized to procure the needed services, equipment and/or materials for said contamination assessment and remedlatlon; and WHEREAS, after receipt of Informal bids, contract(s) for said services, equipment and/or materials will be awarded to the lowest responsible bidder(s) by the City Manager; and WHEREAS, the foregoing Is being presented at a properly advertising public hearing before the City Commission; 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 Incorporated by reference thereto and adopted 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 consulting/construction services Is hereby ratified, approved and confirmed. Section 3. BY an affirmative vote of 4/6ths of the Members of the City Commission, formal competitive sealed bid procedures for the procurement of services, equipment and/or materials for the contamination assessment and remedlatlon at the Heavy Equipment Facility are hereby waived. 2 - - 90- Soo. c � e Section 4. The City Manager Is hereby authorized to accept the lowest responsible bid(s) for the necessary consulting/construction services for said contamination assessment and remediation. 1/ Section 6. An amount not to exceed $80,000 is hereby allocated therefor from the "Underground Storage Tank Retrofitting" Project, Capital Improvement Project No. 311009. Section 6. The City Manager Is hereby authorized to execute and/or issue the necessary documents, 2/ in a form acceptable to the City Attorney, with the successful bidder(s) for said contamination assesssment and remediation. Section 7. This Resolution shall become effective Immediately upon Its adoption. PASSED AND ADOPTED this 18th day of October , 1990. AT • M TY HIRAI CITY CLERK SUBMITTED BY: IS . PRIETO-PORTAR, Ph.D., P.E. DIRECTOR OF PUBLIC WORKS XAVIER L. EZ MAYOR CAPITAL IMPROVEMENTS PROJECT REVIEW: EDUARDQRODRIG C.I.P. MANAGER LEGAL REVIEW: APPROVED AS TO FORM AND CORRECTNESS: 11�J w G. MIRIAM MAER JO GE L. FE NANDEZ CHIEF ASSISTANT CITY ATTORNEY Cl Y ATTORN Y The herein authorization is subject to the passage of a five day period of time from the date that the City Commission is notified of the City Manager's selection of the acceptable bid during which period any individual Commissioner may object to such selection, said objection to result in the City Manager's placement of the Item on the next scheduled City Commission meeting. ?/ 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 prescrIbad by applicable City Charter and Code provisions. 3_ 90— :>W _ .. . �,�-_ �,.,A": CITY 00 MI•AMI, FLORIDA INTER -OFFICE MEMORANDUM To : Honorab I e Mayor and Members of DATE : ^'� .� f9`o FILE the City Commission Resolution Authorizing SUBJECT Waiver of Formal Bid Procedures for Environmental Consulting/Construction FROM REFERENCES: Services at the Heavy Equipment Facility Cesar H . Od i o ENCLOSURES: City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached 'resolution waiving formal competitive sealed bid proceduresfor environmental consulting/construction.services at the Clty's�Heavy Equipment Facility. BACKGROUND: The Department of Public Works, In a continuing effort to serve all residents of the City of Miami, Is recommending the adoption of the attached resolution waiving formal competitive sealed bid procedures for the procurement of environmental consulting/construction services at the Heavy Equipment Facility; so that contamination assessment and emergency remediation can be undertaken without unnecessary delay. The Department of Public Works has verified that some soil and groundwater contamination has occurred and Is continuing to occur. at the City's Heavy Equipment Facility located at 1390 N.W. 20th' Street. To determine the full extent of the contamination and to Identify the contaminants involved, the City must procure the services of a competent and, qua IIfIed environmental consultant capable of undertaking some basic remedial construction. Additionally, Federal, State and County regulations require that a Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) and Remedial Action Plan (RAP) be prepared `by.a ts' licensed environmental consultant whenever soil and/or, groundwater contamination have been discovered. a Page 1 of 2 "g�'- 9Q� 9 li_ ;' kp A l-t Honorable Mayor and Members of the City Commission Since active contamination has been Identified at the Heavy Equipment FacIIIty, complete contamination assessment and remedlatlon should be undertaken as soon as possible. Waiving the formal bidding process for the procurement of the necessary, environmental/construction services will shorten the bidding procedure, accelerate the remedlatlon process by several months, and thereby eliminate additional contamination. Funds for this work at the Heavy Equipment Facility are available from capital Improvement project no. 311009 entitled "Underground Storage Tank Retrofitting". Based on information available at this time, the Department has estimated that approximately $80,000 will be required for the contamination assessment and emergency remedlatlon. However, the full extent of remedlatlon cannot be determined until a thorough contamination assessment is ;i accompiished by the environmental consultant. i r 3 i Page 2 of 2 - '. O f ` r 5 TN CITY OF MIAMI. FLORIDA INTER -OFFICE' MEMORANDUM TO: F I le DATE : September 18, 1990 FILE B-5579 SUBJECT : EMERGENCY F I ND i Na : Waiver of Formal Bid Procedures for Consulting FROM : REFERENCES : Services at Heavy Equipment Facility Cesar H . Od l ENCLOSURES: City Manager This memorandum serves as a written finding of a valid public emergency pertaining to underground fuel and waste olI tanks at the CItyIs Heavy Equipment Facility located at 1390 N.W. 20th Street. The finding Is based upon the following: 1. Leakage Is occurring from the underground fuel and waste oil storage tanks resulting in soil and possibly ground water contamination. 2. This leakage constitutes a valid public emergency requiring the Immediate procurement of environmental 'consulting/construction services to perform remedial work and thereby protect the health, safety and welfare of the citizens and employees of the City. 3. 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 emergency, remediatlon of the contamination. Such conditions Indicate the need for extraordinary measures to protect the health, safety and welfare of the community and the convenience of the City. in order to Initiate and complete the emergency' contamination remedlation at the Heavy Equipment Facility as soon as possible},.formal competitive sealed bid procedures shall be waived for the procurement -'of env Ironmenta'I consulting/construction services required for said emergency remedIatIon'pursuant to Sections 18-52.5 and 18-52'.8 of `the Cl y Code, Informal bids shall be obtained and a contract shall be awarded by the City Manager to the lowest responsive' and . responsible bidder. DCBcgc 90 � y51