HomeMy WebLinkAboutR-90-0203,
RESOLUTION NO. () 0 Ar!()a
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH PIECO MIAMI, INC.,
TO PROVIDE PROFESSIONAL ENVIRONMENTAL
SERVICES IN CONNECTION WITH THE REMOVAL OF
TWO (2) STEEL FUEL TANKS, AND THE SUSPECTED
GROUNDWATER CONTAMINATION PROBLEM DISCOVERED
AT FIRE STATION NO. 1, AT A PROPOSED INITIAL
COST OF $9,248.21, WITH FUNDING THEREFOR
BEING ALLOCATED FROM MONIES APPROPRIATED TO
THE RENOVATIONS OF FIRE STATIONS AND OLD
DRILL TOWER, CAPITAL IMPROVEMENT PROJECT
NO. 313018, AND WITH THE PROVISION THAT
ADDITIONAL FUNDING MUST FIRST BE AUTHORIZED
BY THE CITY COMMISSION.
WHEREAS, the City has received directions from environmental.
agencies to remove all underground fuel storage tanks that fall
within certain age parameters; and
WHEREAS, the two (2) steel fuel tanks at Fire Station No. 1
were installed in 1.961, and fall within said parameters; and
WHEREAS, one of said tanks is suspected of having leaked
approximately one thousand (1,000) gallons of fuel into the
adjacent soil, with possible contamination of the groundwater
table; and
WHEREAS, State law directs that such contamination be
cleaned up by State certified and licensed environmental services
firms; and
WHEREAS, proposals were received on November 21, 1989, from
two (2) qualified firms for the work in question; and
WHEREAS, the initial cost for the service has been estimated
by PIECO, Miami, Inc., to be $9,248.21; and
CITY COMMISSION
MEETING OF
14AR 8 1990
CEO UllUid fiq `.1
Y � $
T11IIF,PV,A; r f2tr)d5- I,r7 f-r)lrc�- 1, 1-1 i � i_TI i_t, i_al r:r.-F-7t. fl1-4- a1-'7i 'i a1- I r, f t-,--)M
funds al -ready appropriated t o the Renovations of: Fire Stat-Jorts
and Old Drill Tower Account, Cap itaI Improvement Project
No. 313018; and
WHEREAS, compliance with the directive to remove these tanks
is necessary to avoid sanctions by the State of Florida; and
WHEREAS, the Director of the Department of Public Works, the
Fire Chief and the City Manager, after evaluation of the
proposals received, recommend that the City enter into an
Agreement with PIECO Miami, Inc., to provide the necessary
professional environmental services at a cost not to exceed
$9,248.21; and
WHEREAS, it is understood that additional expenditures may
become necessary should additional action be deemed necessary to
correct the soil contamination problem; and
WHEREAS, any additional expenditures above the initial cost
of $9,248.21 will be brought before the Commission for its
approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into an agreement I/, in a form acceptable to the City
Attorney, with PIECO Miami, Inc., to provide professional
environmental services necessary to remove and dispose of two (2)
steel fuel tanks at the site of Fire Station No. 1, at a proposed
cost of $9,248.21.
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 Charter and Code provisions.
-2-90--0203
Section 2 , Funds for the above cost of the 11erein
services are hereby allocated from monies appropriated to the
Renovations of Fire Stations and Old Drill Tower Account, Capital.
Improvement Project No. 31.3018, and no additional funds shall be
expended therefor unless so authorized by the City Commission.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th
ATTEST:
1~IATTY HIRAI, CITY CLERK
CAPITAL PROTECT REVIEW:
/ 5 C
EDUARDO RODRIGIAZ
CIP MANAGER
SUBMITTED BY:
LUZ A. RIE'I'0-PORTAR, PH. D . , P . E
D`lRECTOR OF PUBLIC WORKS
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JJRGE L. FERNANDEZ
CITY ATTORNEY
GMM/ra/bss/M1368
day of March , 1990.
XAVIER L. SUAR Z- MAYOR
-3
90-0203
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
m,Honorable Mayor and Members
of the City Commission
"'<esar H. Odi o
City Manager
RECOMMENDATION
DATE : F E B 2 l 1999 Fi1P - 2 9 84
SUBJECT: Resolution Authorizing
Agreement - Fire Station #1
Steel Tank Removal
REFERENCES:
ENCLOSURES :
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement, in a form acceptable to the City Attorney, between the
City of Miami and PI ECO Miami, Inc., for professional services in
connection with the removal and disposal of two (2) steel fuel
tanks located at Fire Station #1, in accordance with State and
County environmental guidelines, at a cost of $9,248.21
BACKGROUND
The Department of Public Works and the Department of Fire have
determined that there exists a need to remove and dispose of two
(2) steel fuel tanks located at Fire Station #1, in accordance with
directives from the State of Florida and Dade County, in addition,
it is suspected that at least one (1) of these tanks has leaked an
undetermined amount of fuel into the ground. These tanks were
originally installed in 1961.
Proposals were received by Public Works on November 21, 1989, from
two (2) companies interested in supplying the necessary services.
Staff from Public Works and the Fire Department have met among
themselves, and with rep re ser,tatives from Dade County D£RM to
evaluate the proposals received. After said review, it is
recommended that an agreement be entered into with PIECO Miami,
Inc. , for the removal of the tanks at a cost of $9,248.21. This
figure represents the minimum cost associated with this project.
"A
Honorable Mayor and Members
of the City Commission
Page 2
It is important to point out that if further action is deemed
'> necessary by DERM (ie.: preparation of a contamination assessment
s report <CAR>, and the implementation of a remedial action plan
<RAP>, the final cost of the work may escalate considerably; an
estimated figure of $200,000 is not unreasonable. This further
action by DERM could be required if excessive contamination is
found in the excavated soil once the tanks are removed, and if the
d!; groundwater has been contaminated also. The high cost figure
mentioned contemplates cleanup, sampling, monitoring, recovery of
contami nant, and ma+i ntenance. It is not possible to determine
exact costs prior to excavation and analysis of the situation.
' Commission authorization will be requested for any additional
expenditure above this original amount of $9,2.48.21.
Resolution attached
90
2
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
199 by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
j a Florida for profit corporation, hereinafter
referred to as "CONSULTANT".
In consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions
hereinafter stated, the parties hereto understand and agrees as
r
j follows:
I; I. TERM
The term of this Agreement shall be from
through. Consultant agrees to begin providing services pursuant
I
to this Agreement promptly upon receipt of an executed copy
Ethereof. Consul tan-t`believes, subject to the requisite and
?' timely approval of the State and County as provided below, that
i
its services shall be completed within four (4) months after
commencement.
=: II. SCOPE OF SERVICES
The CONSULTANT shall under the direct supervision of the
Department of public Works, provide scientific testing and
consulting services related to the contaminated ground water
condition at the South District Police Substation project site.
The CONSULTANT shall, perform the following tasks:
1. Prepare and submit to the Metropolitan Dade County Department
of Environmental Resources Management (DERM), with copies to
the City, a Quality Assurance Project Alan (QAPP) prepared in
accordance with the requirements set forth in the document
entitled "DER Guidelines for Preparing Quality Assurance
Plans, DER-QA-001/85, January 30, 1986," and the generic QAPP
of
9 0-
?. �Inor, ?ppro val ftrom DERM of the Ova 1it.y Assftra.nc,e proire
Plan, prepare and siabmi t to DERM, with copies to the City, a
"Contaminant Assessment Report" (CAR) to identify the extent
of ground and/or groundwater contamination at the subject
facility.
3. Upon approval from DERM for the Contaminant Assessment
Report, prepare and submit to Derm, with copies to the City a
"Remedial Action Plan" (RAP) which outlines the proposed
_i
actions to be implemented in order to restore the ground
and/or groundwater at the subject facility.
III. COMPENSATION
A. The CITY agrees to pay and the CONSULTANT agrees to accept
for services rendered pursuant to the PROJECT in accordance with
the terms and conditions of this AGREEMENT and all incidental and
preliminary work related thereto fees in accordance with the
'r schedule in Appendix A. The fee schedule shall include all
=lf equipment, supplies, materials, tools and labor necessary to
—i; complete the work.
B. The total compensation by the CITY to the CONSULTANT for
services provided pursuant to Appendix A and the terms of this
' AGREEMENT shall not exceed $20,000. Notwithstanding the parties
agree that certain regulatory agencies may impose requirements
not anticipated at the present time. If so, additional costs may
be incurred which Consultant agrees to promptly notify the City
of and which the City agrees to pay pursuant to this agreement.
,j The City reserves the right to review and audit the time records
and related records of the CONSULTANT pertaining to any payment
by 'the CITY.
C. The CITY will make monthly payments to the CONSULTANT in
accordance with the fees computed as outlined above for all work
performed during the previous calendar month upon receipt of duly
certified invoices in triplicate to the PROJECT DIRECTOR.
0- 2 3
7
1 i r'14 nE C F C ry �(1s' i.hc, (,ON ill_.1 /\N �,o ;!ih(,on1.r, oilt
certain wort: including but not limited tr, weII drilling anti
sample testing.
The cost of subcontracted work is to be approved by the City
prior to commencement. This work will be paid for at the
approved price with the subcontractor's paid invoice submitted as
bark up information with the monthly bill.
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
V. GENERAL CONDITIONS
A. All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and shall be
delivered by personal service, or by registered mail return
receipt requested addressed to the other party at the address
indicated herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which► personally
served; or, if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
CITY OF MIAMI CONSULTANT
Department of Public Works
275 H.W. 2 Street
Suite 303
Miami, FL 33128
(305)579-6¢74
Attn: Eugene Pelaez, Construction Engineer
B. Title and paragraph headings are for convenient reference and
are not a part of this Agreement.
C. In the event of conFlict between the terms of this Agreement
and any terms or conditions contained in any attached documents,
the terms in this Agreement shall rule.
0. No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or any
other provision hereof, and no waiver shall be effective unless
made in writing.
_ E. Should any provisions, paragraphs, sentences, words or
phrases contained in this
Agreement be determined
by
a court of
competent jurisdiction to
be invalid, illegal
or
otherwise
�0-020
le
;irt nfr�rr: ft3jr t.�j ,nlhe tof -10r or ti �2t-finr
ref Miami, such provisions, paragraph,,, sent:ences., words or
phrases shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
VI. OWNERSHIP OF DOCUMENTS
A11 documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services require pursuant to paragraph II hereof and shall
become the property of CITY, without restriction or limitation on
its use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the public
Records Law, Chapter 119, Florida Statues.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to CONSULTANT
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONSULTANT for any other purpose
whatsoever without the written consent of CITY.
VII. NONDELEGAB ILITY
That the obligations undertaken by CONSULTANT pursuant to
this Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
The CONSULTANT agrees that there shall be no subcontracts in
connection with the Agreement without the prior written approval
of the CITY and that all such subcontractors or assignees shall
be governed by the terms and intent of this Agreement. Anyone
hired by the CONSULTANT (subcontractor or any other expense) is
solely the responsibility of the CONSULTANT. Nothing stated
herein will create an obligation on the part of the CITY to
compensate the subcontractor.
YI I I . A11PI T p TG1!T<;
The CITY reserves the right to audit, t:he records of
CONSULTANT pertaining to charges incurred pursuant to this
Agreement, at any time during the performance of this Agreement
and for a period of one year after final payment is made under
thi s Agreement.
IX. AWARD OF AGREEMENT
The CONSULTANT warrants that it has not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to
pay any person ernpioyed by the CITY any fee, commission
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
X. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
XI. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein their
heirs, executors, legal representatives, successors, and assigns.
XII. INDEMNIFICATION
The CONSULTANT shall indemnify and save CITY harmless from
and against any and all claims, liabilities, losses, and causes
of action, which may arise out of the CONSULTANT'S negligent
performance under the provision of this Agreement, including all
acts or omissions to act on the part of CONSULTANT, including any
employee performing under this Agreement for or on CONSULTANT's
behalf, provided that any such claims, liabilities, losses and
causes of such action are attributable to the fault of
CONSULTANT, and not the fault of the City or another, and, from
and against any orders, judgements or decrees which may be
entered and which may result from CONSULTANT 's performance under
this Agreement, and from and against all costs, attorneys' fees,
90-0203
�C)
rn r, pPt1Sn anti li?l it i t. i e !� inciirrr.d in the cie_fPns(? r)
any such claim, or the investigation thereof. If the CITY
chooses to defend any action on beha i f of itself , it shall bear
its own costs of defense, and if the provisions of this indemnity
provision are applicable, CONSULTANT shall indemnify the CITY
accordingly. In any event, the CITY shall promptly notify
CONSULTANT as soon as it has notice of any matter for which this
indemnity provision may be applicable.
XIII. CONFLICT OF INTEREST
The CONSULTANT covenants that not person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interest, direct or indirect, in the work product of this
,agreement. The CONSULTANT further covenant that, in the
performance of this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the part of
the CONSULTANT or its employees must be disclosed in writing to
the CITY. The CONSULTANT, in the performance of this Agreement,
shall be subject 'to the more restrictive law and/or guidelines
regarding conflict of interest promulgated by federal, state or
local government.
The CONSULTANT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article Y), Dade
County Florida (Dade County Section 2-11.1) and the State of
Florida, and agrees that it will fully comply in all respects
with the terms of said laws.
XIV. INDEPENDENT CONTRACTOR
The CONSULTANT and its employees and agents shall be deemed
to be independent contractors, and not agents or employees of
CITY, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further he/she
shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
90-020.3
RAN
y 7 FRMIMATT0t ! CIF r,0N7RrrC:T
_ither party Mary terminate this agreement by writtr-n notice
I%i the other party fail to substantially perform in
accordance with its terms, provided however that prior to
terminating this Agreement the non -defaulting party shall notify
the defaulting party in writing of its failure to perform, and
the defaulting party shall have thirty (30) days therefrom to
cure the default. If cured, there shall be no termination.
Additionally, the CITY retains the right upon good cause to
terminate this Agreement any time prior to the completion of the
services required pursuant to paragraph II hereof without penalty
to CITY. In that event, notice of termination of this Agreement
shall be in writing to CONSULTANT, who shall be paid for those
services performed prior to the date of its receipt of the notice
of termination. In no case, however, will CITY pay CONSULTANT an
amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT
that any payment made in accordance with this Section to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms on this Agreement. If CONSULTANT is in
default, the CITY shall in no way be obligated and shall not pay
to CONSULTANT any sum whatsoever.
XVI. NONDISCRIMINATION
The CONSULTANT agrees that it shall not discriminate as to
race, sex, color, creed, national origin, or handicap in
connection with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
9003
/C�_
XV11- MTNOPITY PRVJ!PFMI N-1 ; ��P'('1.1%►IC;f.
The C0P'SULTr0JT acknowledges that it has been fs-lrni;hed a copy
of Ordinance flo. 10062, the Minority procurement Ordinance of the
C,ity of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
)(VIII. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XIX. DEFAULT PROVISION
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or and such
failure shall continue after thirty (30) days written notice to
CONSULTANT specifying the default, or fails to perform any of the
terms and conditions contained herein, and such failure shall
continue after thirty (30) days written notice to CONSULTANT
specifying the default, then CITY, at its sole option, upon
written notice to CONSULTANT may cancel and terminate this
Agreement, and all payments, advances, or other compensation paid
to CONSULTANT by CITY while CONSULTANT was in default of the
provisions herein contained, shall be forthwith returned to CITY.
XX. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said services
and correctly sets forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
XXI, A I I F, N n A1 F, N T
No amendnents to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
ATTEST:
R71- T--RTiIT7
City Clerk
ATTEST:
torpor ..--Sec re
l,IiTNESSES:
(AK' to CONSn
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
nsurance manager
By
City Manager
CONSULTANT:
By
rinczpa
CORPORATE SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
SORGE—L. FERRANDEZ
City Attorney
q0—Q�3