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HomeMy WebLinkAboutPre-Legislationystat xepon viewer File ID #: 09-01442 Version: 2 City of Miami Master Report Resolution R-10-0009 Controlling Office of the City Body: Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Date: 1/14/10 Status: Passed Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED NOVEMBER 24, 2009, PURSUANT TO INVITATION FOR BIDS NO. 191150, FROM TIP TOP ENTERPRISES, INC., FOR TREE AND PALM RELOCATIONS, FROM THE MARLINS STADIUM SITE TO VARIOUS MUNICIPAL PARKS, FOR A SHORT-TERM PERIOD, FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 40-1330153J, AWARD 1496, SUNSHINE STATE LOAN, MARLINS STADIUM REDEVELOPMENT PROJECT. Reference: Introduced: 12/21/09 Name: Accepting Bid -Tip Top Ent. -Palm Relocations Requester: Department of Parks Cost: Final Action: 1/14/10 and Recreation Notes: Sections: Indexes: Attachments: 09-01442 Legislation.pdf, 09-01442 Summary Form.pdf, 09-01442 Letter.pdf, 09-01442 Tabulation.pdf, 09-01442 Award Sheet.pdf, 09-01442 IFB.pdf Action History Ver. Acting Body 1 Office of the City Attorney 2 City Commission Date Action 1/6/10 Reviewed and Approved 1/14110 ADOPTED WITH MODIFICATIONS tp:Hegov.ci.miami.fl.us/LegistarWeb/temp/rep52BA.html Sent To Due Date Returned Result 1 4/19/2010 ystal xeport viewer A motion was made by Frank Carollo, seconded by Francis Suarez, that this matter be ADOPTED WITH MODIFICATIONS. Direction by Commissioner Suarez to the City Manager to schedule a meeting with the Commissioner to discuss funding availability for the placement of trees in District 4. Chair Samoff: CA.3. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: CA.3 is a relocation of various trees from the Orange Bowl site or the Marlins Stadium site -- Pedro G. Hernandez (City Manager): To municipal parks, yes. Vice Chair Carollo: Mr. Manager, who made the decision of where to relocate these trees to? Mr. Hernandez: That is done through the Parks Department and actually our landscape architect. Vice Chair Carollo: Landscape architect? Mr. Hernandez: Mr. Ted Baker. Ted Baker: My name is Ted Baker. I'm the landscape architect for the Department of Parks and Recreation. The decision to relocate the trees and palms was based upon the fact that mitigation costs, if they were destroyed, would be approximately twice the cost to relocate them. So the decision was made to relocate them. I made the decision on what parks they would go to. There are about 15 parks that are receiving them. In fact, today they're at Kennedy Park installing some. They put some -- 10 -- 8 or 10 at Bay of Pigs, I thiril,, on Monday, and there are a number of other parks to which they're going as well. Vice Chair Carollo: So you mean to tell me that they already been relocated or they're being relocated without this vote today? Mr. Baker: The bid that came in was $128,000 to relocate 87 royal palms, Senegal date palms and live oaks. The decision was made to split that bid into two parts to move immediately. There were a number of issues with regard to construction at the Marlins Stadium site. And a number of these trees and palms had to be relocated with due haste_ In fact, we ended up losing some of them because they cut them down because they interfered with the progress on construction. So time was of the essence, and for that reason, it was split out, and the Manager approved an initial contract to move trees immediately, those that were in the greatest danger of being lost, and that's what's being done right now. The contract before you is the balance of that original bid of $128,000. Vice Chair Carollo: So, in essence -- 'cause the only thing that I see in front of me is what you all have put before me and the 87 palms or trees that we are discussing. I don't know if there were others or, in the past, if you had to relocate and some were lost and so forth. Now I know that no one came to my office with any urgency whatsoever stating that we had to relocate these trees or they were going to be lost. Mr. Baker: Well, I don't know who you would expect to do that, sir. Vice Chair Carollo: Well -- Mr. Baker: My responsibility as an employee of the City is to protect the City's property. These are property of the City. And if they were not relocated with due haste, many of them would have been lost. In fact, as I mentioned earlier, several were lost. So there was a time issue that had to be addressed. I would be happy to go over with you or your staff the location of all of the trees and palms, if you're concerned about that. Vice Chair Carollo: Well, the issue is not the urgency of removing them and relocating that [sic]. That's not my issue. If it had to be done, you know, in an expeditious manner, then so be it. My issue is, yes, this [sic] are City property, and you know what, I think it's a lack of courtesy of coming at least to my district office and letting me know that trees are going to be relocated. And, as a courtesy, I would expect to at least be asked is there any parks in District 3 that you feel should these trees go to. Mr. Hernandez: Commissioner, if I may, I think that these decisions were made before the last election. And they tp://egov.ci.miami.fl.us/LegistarWeb/temp/rep52BA.html 4/19/2010 ystal xepori viewer were probably working with the prior Commissioner for that district as to trees and locations and parks and so forth. Vice Chair Carollo: Well, that may be so, but I didn't see the prior Commission voting on it. I see us voting on it today. So if that's the case, then the previous Commissioner should have voted on this and he's not. Mr. Hernandez: Well. the Commissioner -- Vice Chair Carollo: I'm voting on it. And I see 87 trees, where only I0 out of those 87 -- 10 are being put a District 3 park. That's less than l l percent. Mr. Baker: How many more would you like have in your parks? Tell me and we'll take care of it. Vice Chair Carollo: Shoot, I wish all of them, if possible. Mr. Baker: Well, that's not possible, but -- Vice Chair Carollo: You know — Mr. Baker: — tell me what you would like me to do and we'll do it. Vice Chair Carollo: Well, at the very least, I think we should discuss this. It's not for me to make a decision -- Mr. Baker: Well — Vice Chair Carollo: -- right at the moment. But the bottom line is, you know -- and again, earlier today, you know, I didn't play the game of, oh, you're getting a park and I'm not and this and that. No. I didn't play that game. I mean, the truth of the matter is they're all city parks, but at the same time, I mean, let's speak about fairness. I have the least amount of parks out of all the districts. I'll go a step further. About -- what was it, in the last meeting or the one prior to that, once they did -- once they built or reconstructed the bridge, there happened to be a landscaping project, and for some reason, that bridge is the boundary in between two districts. However, the landscaping project only went on one side of the bridge and not on my side, you know. And then I requested to see if something could be done in order to get some landscaping on the other side of the bridge -- and all I'm asking is for fairness -- and I received a nice -- which I'm sure you know of, Mr. Manager -- letter from -- or it was addressed to you from the Florida Department of Transportation saying that since no design efforts have been initiated for this portion of 12 Avenue nor any funding identified for the implementation, this extension on the other side of the bridge was not feasible. And you know, you asked me -- and you stated, Commissioner, on your side, there's all the cement and all — and so forth. I said, you know, can't we be innovative? I mean, realistic, can't we put some of these trees in pots? I've been to downtown Miami. It seems like there's a lot of cement there too. However, there was greenery put in there in pots. I've seen cut-outs, where they've planted oak trees and so forth. So, I mean, in all fairness, I cannot be in favor of this when out of 87 trees being relocated, only 10 are going to go to District 3. 1 mean -- Mr. Hernandez: Commissioner, on 12th Avenue, I hope that you understand that the State, when they do a landscaping project they do a landscaping project tied to or as a follow-up to a roadway improvement or a bridge improvement. That's why that landscaping project went from 7th Street to the north. I spoke to Mr. Pego, FDOT (Florida Department of Transportation) secretary, about two days ago, and I discussed this matter with him, and he explained exactly what I told you. And I said, Gus, I want to go back, take a look at the section of 12th Avenue south of 7th Street and look at the section and look for opportunities to see how we can improve the appearance of that area. And he says, Pete, that's fine. Take a look at it. We'll take a look at it, and let's see if we can devise a scheme to do planting, and then we'll add a project to our program. And that's how it works. It's not that they -- that there was any intention not to include the section to the south. Vice Chair Carollo: Pete, all I know is the facts. The facts is the), did a bridge. On one side of bridge, they're going to do landscaping. On the other side of the bridge, which happens to be in my district, they did absolutely nothing. Mr. Hernandez: No. The prior Commissioner went -- -r,- — - tp://egov.ci.miami.fl.us/LegistarWeb/temp/rep52BA.html 4/19/2010 rystal Kepon v lewer Vice Chair Carollo: And now, you know, I'm seeing that not only do we have the least amount of parks, now you're gutting my districts, taking m}, trees out and planting them everywhere else. I mean, really, Pete, I have a problem with this. And I'll tell you what. As far as taking a drive by there, let's take a drive by downtown Miami, you know, and you're going to see the same cement, except they found -- they used innovative ways to put greenery there. Mr. Hernandez: Commissioner, but that was not within the scope of the FDOT project. I'm quite sure that they are going to try to accommodate and we'll work with them to see if we can do south of 7th Street. Ernest Burkeen: Commissioner, Ernest Burkeen, director of Parks and Recreation. I apologize for the oversight. I respectfully request that you allow us to come to your office to meet with you. We have a number of other trees coming, and we can plan to make sure that you receive the amount of trees that you're looking for. Vice Chair Carollo: Well, what about these 87 that are being relocated? They're still coming out of my district Glenn Marcos: Commissioner, Glenn Marcos, Purchasing director. Just wanted to inform you -- and I understand that you have issue with the actual specification. Want to go back to what the City Manager was referring to. The actual specification was drafted b}, our landscape architect, and I do believe that it included feedback at that particular point in time with the prior Commissioner. All of this happened before the election. If you decide -- and you have that prerogative -- that you would want to revisit this, please do note that on page 37 of your backup documentation is the actual specification citing to those parks that the trees will be -- Vice Chair Carollo: I have it. Mr. Marcos: -- relocated to. So if we do revisit that, then the price might change. We can try to work with the contractor to make sure that there is a change order at no cost, but I wanted for the Commission to be mindful of the fact that if there is any changes, those changes will end up changing the specification here, which might affect the bid pricing. Now, of course, if you want to speak with our landscape architect, along with our Parks and Recreation director, and try to see if we can accommodate this without any price changes, we'll be more than happy to convene a meeting with your office. Vice Chair Carollo: Listen, I don't see what is the big deal of relocating the tree on one location or another location. So I don't foresee there being much of a price change. Now as far as page 39, which I do have, that's how I was able to find out that only 10 trees out of those 87 are going to be in a District 3 park. And yes, I mean, I am not going to approve this, at least not with this vote. Mr. Burkeen: We have additional trees coming, Commissioner. We have more than enough trees to be able to satisfy your needs, if you would allow us to come and show you and talk to you about this. Vice Chair Carollo: Well, I want to start with these 87. And I'm telling you, I'm not going to vote for this. I am going to start with these 87 and then, you know, once we discuss it and -- you know, if you could please, through the Manager, come to my office, then we can move forward. But I want to start with these 87, because I don't think that less than 10 percent of the trees are going to come back into my district when we have the least amount of parks. I mean, I'm sorry. I'm sorry. Chair Sarnoff: Mr. Burkeen, are you saying that there are going to be more trees coming from the Orange Bowl site as construction progresses? Mr. Burkeen: We have other grants. We have about 100 trees coming from Home Depot that we're going to have to relocate throughout the City. It seems to me that out of that 100, that we should be able to find enough trees in District 3. tp://egov.ci.miami.fl.us/LegistarWeb/temp/rep52BA.html 4/19/2010 -ystal tcepon viewer Chair Samoff: 1 think all Home Depot trees should go to District 3. Mr. Burkeen: Fni just saying that there is -- Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Burkeen: -- enough trees that we can -- Vice Chair Carollo: I applaud that. And I -- however, I still want to start with these 87. Chair Samoff: I hear you. I just thought I'd make that comment -- Vice Chair Carollo: Hey. Chair Sarnoff: -- on behalf of -- Mr. Hernandez: Mr. Chairman -- Vice Chair Carollo: Thank you. Mr. Hernandez: -- Commissioners, I think that in looking at the 87 that we have at the Orange Bowl site, we will talk to the contractor, and I don't think that -- if the parks are not too far away, one from another, that as long as the soil condition is probably the same, there shouldn't be an issue on cost to go from a park here to a park in District 3. Vice Chair Carollo: Mr. Chairman. Chair Samoff: Yes, sir. Vice Chair Carollo: I want my district to be green too and not just on color here on the map. Chair Samoff: And I want you to know that I actually meant what I said. I think all Home Depot trees should go to your district. I really affectionately mean that for many different reasons. Vice Chair Carollo: No. And I thank you and I appreciate it and, you know, I'm accepting. Chair Sarnoff: So, you know, maybe -- obviously, the Home Depot trees are going to be the ones that are going to grow into being -- and I don't know what the cost or the differential would be -- I'm a little embarrassed because I was going to make a suggestion -- I'll make it anyways 'cause I was going to make it. I was going to suggest, Mr. Manager, as a result of the condition of Pan American Boulevard [sic] not looking up to what I think most people would feel very good about their -- we have a beautiful City Hall. We don't seem to have the landscaping attendant to it, other than the most recent landscaping project you've done. I thought it would have been interesting, forgive me, gentlemen, to put 25 of the new royal palms that they're coming from the Orange Bowl site on a diagonal basis coming down Pan American Drive, sort of give it a little more of the majestic look. Because if you do look at our seal behind us, I believe it is a royal palm that's the symbol of the City of Miami. I was going to suggest that, but I wasn't aware that there was -- I had not plugged my nose into where all these trees were going, and I didn't -- I was not aware of any discrepancies, of park differentiations or anything like that. And I -- you know -- Vice Chair Carollo: Can we defer this item then until you all meet with my office and we decide and so forth and --? tp:Hegov.ci.miami.fl.us/Legista,rWeb/temp/rep52BA.htinl 1 -E,- ✓ - v 4/19/2010 ystai Kepon viewer lvir. ncrnanucz: l.on11u1ssloner, n you allow rile a sucollu. IVUnilally, ulls Is a proCCSS LAW IIIC ColllraCLUr jUSI UUCSH L go there and start plucking trees out. They have to do pruning of the trees and the palms. They have to wait a certain period before they take them out. I'm concerned that if we delay, we may be impacting that process of pruning, waiting, and then taking out. 1 — Chair Sarnoff. Let's do this, Mr. Manager. Let's do this. Let's take a vote. It could be your first test of this Manager as to how he accommodates you on some faith. Give him some faith. I happen to know the Tree Trust Fund is extremely well -endowed right now, and as a last ditch effort, in the event he disappoints you, you have the Home Depot trees coming in. You have the Tree Trust Fund. I will make a commitment to you that as many trees as you think were shorted from your district, that I will vote -- I believe Commissioner Suarez is indicating he would vote -- Commissioner Suarez: Yes. Chair Samoff: — to make up any difference. But give him the opportunity. You'll find him to be a very equitable and fair-minded man. Mr. Hernandez: If you allow me. I would like to get your approval on the contract so I can initiate the pruning portion. I would come back to you before we do the allocation as to where they're going. But I would like for the contractor to start doing the prep work prior to pulling the trees out of the ground, and then it gives me opportunity to talk to you. Vice Chair Carollo: And I think that's fair. I mean, again, the issue isn't the relocation. The issue isn't losing trees. I mean, I want to preserve as many trees as possible. My issue is where they're going to go. So I don't mind approving as far as the initial process of pruning and so forth and then bring it back to this Commission as far as the relocation. By then we'll have a time to discuss it and so forth. Mr. Hernandez: Right, as far as the distribution, where they're going. Vice Chair Carollo: Exactly. Chair Samoff: All right. So we have a motion and we have a second. Commissioner Suarez: Yeah. Vice Chair Carollo: Question. The motion would be to accept the contract, but up to what point so they could start pruning? Where -- I don't think it should be the whole amount. Mr. Hernandez: No. Chair Samoff. Let's do this. A little bit of faith here. Let's approve the contract with the modification that the City Manager closely work with your office for redistribution of the trees. Mr. Hernandez: Yes. Chair Samoff: If there's going to be a change order; I will vote for that change order 'cause I know it can come from the Tree Trust Fund if we need it to. It would not come from the general fund. I think you'll find that the Manager and his staff will be very fair-minded. And if you're not satisfied, there's the next Commission meeting. I will allow an item to come before you as a pocket item. If it comes from the Tree Trust Fund and you say I want to get this much more money, I — you have my support. Commissioner Suarez: Mine as well. And — mine as well. And I just want to say, Vice Chairman, if I could for one 1 "66 v vX a ip://egov.ci.miami.fl.us/LegistarWeb/temp/rep52BA.html 4/19/2010 ystal xeport viewer second -- Vice Chair Carollo: Sure. Commissioner Suarez: — I love your idea of the royal palms lining the entrance to City Hall. With your permission.. because they're coming from your district -- and I think we should -- I would like to have a dialogue with your office, Mr. Manager, with reference to exactly how much funds and -- you know, because in my case, it's not so much park trees as it is trees in the swale area. You know, we have a tree deficiency in our district as a result of many years of hurricanes and it's decimated the Flagami area of trees. So, you know, for us it's not so much the parks as it is in the actual neighborhoods that lack trees. So 1 think it's healthy to have a conversation so that Vice Chairman Carollo is satisfied, so that I'm satisfied and so we can accomplish some of the beautification efforts that we'd all like to see. Vice Chair Carollo: And before we conclude and we vote, 1 do want to point out, Mr. Chairman, it's not that I'm trying to be either difficult or that 1 don't see the big picture as being one city, 'cause I clearly do. But there has to be some sort of courtesy, respect, you know. Like you mentioning as far as the royal palms and so forth, you know, I'd be flexible to something like that, but at least, you know, let's have dialogue about it. Let me not just, you know, open up some agenda item and see that all these trees -- someone made a decision and I don't even know who — it's being planted all over the city except District 3. That's my point. Chair Sarnoff: All right. So you pretty much have heard the directive. I'm going to ask that this go as modified. Priscilla A. Thompson (City Clerk): I'm showing Vice Chair Carollo as the mover and -- Chair Samoff: As modified. Ms. Thompson: Okay, but I didn't hear a second. Chair Sarnoff: Did you hear him say as modified? I thought I did. Ms. Thompson: No, no, no. I didn't hear -- Vice Chair Carollo: Yeah, but I'm the maker of the motion. Ms. Thompson: -- a seconder. Commissioner Suarez: I second the motion -- Ms. Thompson: Thank you. Commissioner Suarez: -- as modified. Chair Samoff: All right. So we have a motion and we have a second. Mr. Manager, I think you heard the -- Mr. Hernandez: Yes. Chair Samoff: -- spirit of this Commission. Mr. Hernandez: And I do appreciate your understanding of the item. We'll go ahead. We'll start doing the pruning process. While there is that wait period between pruning and removing, I'll have the time to go back and look at the distribution and share that with you. 1 CL6 , i vl v p://egov.ci.miami.fl.us/LegistarWeb/temp/rep52BA.htm1 4/19/2010