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Home My WebLink AboutLegislationResolution File Number: 08-01515 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTES SECTION 287.055; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE PROPOSALS FROM BUREAU VERITAS NORTH AMERICA, INC., FOR ADDITIONAL WORK NEEDED FOR THE GRAPELAND PARK PROJECT, B-35828, IN AN AMOUNT NOT TO EXCEED $38,000, CONSISTING OF $34,888 FOR BASIC SERVICES AND $3,112 FOR CONTINGENCY AND REIMBURSABLE EXPENSES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-35828. WHEREAS, pursuant to Resolution No. 05-0137, adopted March 10, 2005, the City of Miami ("City") entered into a Design -Build Agreement dated June 13, 2005, with Recreational Design & Construction, Inc. ("RDC") for the Grapeland Park Project, B-35828 ("Project"); and WHEREAS, Bureau Veritas North America, Inc. d/b/a Bureau Veritas performed environmental services for the Project as a Sub -Consultant to RDC and is no longer working with RDC for this Project; and WHEREAS, the Department of Environmental Resources Management ("DERM") requires additional documents and groundwater monitoring for a minimum of one year for the Project; and WHEREAS, Bureau Veritas is familiar with the site history, existing contaminants and closure routes, exiting engineering controls, additional engineering controls, and submittal of the closure documentation and additional monitoring schedule; and WHEREAS, the City Manager found that in the interest of maintaining continuity of work, using another environmental consultant would considerably delay closure and ultimately cost the City undue additional expenditures, and that it is most practicable and advantageous to the City for Bureau Veritas to perform the additional work, rather than competitively solicit the work; and WHEREAS, said findings are attached and incorporated; and WHEREAS, in order to authorize the work, the City Commission must, by a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, ratify, approve and confirm the City Manager's finding of an emergency, that is in the best interest of the City to waive the requirements for competitive bidding procedures provided in Sections 18-87 and 18-90 of the Code of the City of Miami, Florida, as amended ("City Code") and under Florida Statutes Section 287.055, known as the Consultant's Competitive Negotiations Act; and City of Miami Page I of 2 Printed On: 12/29/2008 City of Miami City Hall 3500 Pan American a Drive * ,._•#..___ Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 08-01515 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTES SECTION 287.055; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE PROPOSALS FROM BUREAU VERITAS NORTH AMERICA, INC., FOR ADDITIONAL WORK NEEDED FOR THE GRAPELAND PARK PROJECT, B-35828, IN AN AMOUNT NOT TO EXCEED $38,000, CONSISTING OF $34,888 FOR BASIC SERVICES AND $3,112 FOR CONTINGENCY AND REIMBURSABLE EXPENSES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-35828. WHEREAS, pursuant to Resolution No. 05-0137, adopted March 10, 2005, the City of Miami ("City") entered into a Design -Build Agreement dated June 13, 2005, with Recreational Design & Construction, Inc. ("RDC") for the Grapeland Park Project, B-35828 ("Project"); and WHEREAS, Bureau Veritas North America, Inc. d/b/a Bureau Veritas performed environmental services for the Project as a Sub -Consultant to RDC and is no longer working with RDC for this Project; and WHEREAS, the Department of Environmental Resources Management ("DERM") requires additional documents and groundwater monitoring for a minimum of one year for the Project; and WHEREAS, Bureau Veritas is familiar with the site history, existing contaminants and closure routes, exiting engineering controls, additional engineering controls, and submittal of the closure documentation and additional monitoring schedule; and WHEREAS, the City Manager found that in the interest of maintaining continuity of work, using another environmental consultant would considerably delay closure and ultimately cost the City undue additional expenditures, and that it is most practicable and advantageous to the City for Bureau Veritas to perform the additional work, rather than competitively solicit the work; and WHEREAS, said findings are attached and incorporated; and WHEREAS, in order to authorize the work, the City Commission must, by a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, ratify, approve and confirm the City Manager's finding of an emergency, that is in the best interest of the City to waive the requirements for competitive bidding procedures provided in Sections 18-87 and 18-90 of the Code of the City of Miami, Florida, as amended ("City Code") and under Florida Statutes Section 287.055, known as the Consultant's Competitive Negotiations Act; and City of Miami Page I of 2 Printed On: 12/29/2008 File Number.' 08-01515 WHEREAS, approval of the proposals by Bureau Veritas is needed in order to complete the work, and to subsequently issue a purchase order for a total not to exceed amount of $38,000, consisting of $34,888 for basic services and $3,112 for contingency and reimbursable expenses; and WHEREAS, funds are to be allocated from Capital Improvement Project ("CIP") No. B-35828; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding of an emergency, pursuant to Sections 18-97 and 18-90 of the City Code, and under Florida Statutes Section 287.055, is ratified, approved and confirmed, and the requirements for competitive bidding procedures, are waived. Section 3. The City Manager is authorized{1} to approve proposals from Bureau Veritas, for additional work needed for the Project, in an amount not to exceed $38,000, consisting of $34,888 for basic services and $3,112 for contingency and reimbursable expenses, with funds allocated from CIP Project No. B-35828. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED S TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} 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} 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 the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 12/29/2008