HomeMy WebLinkAboutMemo- Waiver of Competitive BiddingCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Tony E. Crapp Jr. DATE: March 22, 2011
City Manager
FROM: Lillian Biondet, Director
Office of Grants Administration
SUBJECT: Waiver of Competitive
Bidding for Cleanup of
Contamination at 6200 NW 17
Avenue Brownfield property
REFERENCES: U.S. Environmental Protection
Agency Cleanup Grant Award
$200,000; Reso. # R-10-0444
This memorandum serves to request your authorization to seek Commission approval
to waive competitive bidding procedures via a four fifths affirmative vote and
authorize a Professional Services Agreement with Cherokee Enterprises
Incorporated for environmental investigation and cleanup services at a City of
Miami owned property located at 6200 NW 17 Avenue, in accordance with Section 18-
85 of the City of Miami Code.
Resolution R-10-0444 approved by the City Commission on October 14, 2010,
authorized the City Manager to enter into a Cooperative Agreement between the
City of Miami and the U.S. Environmental Protection Agency (EPA) to accept a
$200,000 Brownfield Cleanup Grant toward the removal of petroleum contamination
present in the soil and groundwater at 6200 NW 17 Ave due to former gas station
operations prior to the City of Miami ownership.
It is the Department's determination that a bid process will complicate the
efforts to cleanup the property within the EPA grant award period of performance
(July 1, 2010'thru June 20, 2013). Each phase of the environmental investigation
process requires a regulatory review process via the Miami -Dade Department of
Environmental Resource Management (DERM). It takes an average of 2 and e to a
full 3 years to complete the entire process in which the final year requires 4
quarters of sampling monitoring wells only. Any cleanup action will need to be
complete and the results submitted to DERM for analysis and approval of the final
year of monitoring only, no later than April 20, 2012. An average Bid process
will delay the project from starting until mid 2011 at the earliest, which would
severely jeopardize the intentions of utilizing EPA grant funds to assist with
funding--the-cl-eanup--of-6200 Nw 17-Avenue.
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A competitive bid process for environmental investigation and cleanup at 6200 NW
17 Avenue will also jeopardize availability of leveraged funding via a cost share
agreement with the State of Florida. The estimated cost of cleanup for 6200 NW
17 Avenue is $392,283. The $200,000 EPA Cleanup Grant award will be used as the
City of Miami's portion in a cost share agreement with the State of Florida
Department of Environmental Protection (FDEP) via the Pre -approved Advanced
Cleanup Program (PAC). With this cost share agreement, the City of Miami will
contribute 35% of the cost of each task, and the state will contribute 65% of the
cost of each task. The State has an allocation of $193,101.36 toward the cleanup
of 6200 NW 17 Ave. The State however, cannot authorize use of the funds until.
the City demonstrates the ability to meet the 35%. The availability of the EPA
grant award meets the criteria of demonstrating the willingness to contribute
35%; however the State must review the allocation of funding on an annual basis.
If the project continues to be delayed with no action, the State has the
authority to de -obligate permanently the $193,101.36 from 6200 NW 17 Avenue.
Cherokee Enterprises Incorporated (CEI) was procured by the City in 2008 to
conduct a phase II environmental investigation to begin to determine the extent
of contamination located on 6200 NW 17 Ave. This task was done simultaneous to
CEI's consulting and contracted cleanup work conducted at 1501 NW 62'd Street and
1199 NW 62nd Street in Liberty City, in which both were funded by the EPA and the
FDEP PAC program. All three of these former gas station properties have sat
vacant, abandoned, and contaminated for over 20 years, and the environmental
issues have created an ongoing obstacle toward redevelopment and property re -use.
Due to CEI's familiarity with the current contamination plume at 6200 NW 17 Ave,
and previous environmental work conducted along this same corridor, it is the
recommendation of the Department to continue the same environmental consulting
services.
In addition to CEI's experience on the property, the FDEP has designated CEI as
the only contractor who is authorized to conduct work at 6200 NW 17 Ave in order
for PAC program funding to be expended. A State Designated Contractor Form
needed to be submitted for FDEP's approval prior to CEI's services. Although it
is possible for a new Designated Contractor Form to be submitted with a different
contractor, the designation switch would result in a two (2) month long approval
process, further delaying the project startup after a bid process, which would
also place the ability to complete the project within the EPA funding period of
performance in jeopardy.
According to the EPA Cooperative Agreement issued to the City of Miami, the grant
recipient must comply with 40 CFR 31.36 in regards to competitive procurement.
An exception to competitive procurement is referenced in 40 CFR 31.36.d.4(i). As
indicated in section (i-C) of this Federal regulation, Exhibit D of this packet
will highlight the City of Miami's reason for sole source procurement and the
Funding Agency's approval to authorize non competitive proposals.
Based on the information listed within this memorandum, please indicate your
preference below:
AppRby�d/Disapproved: it_�( Date: 4 /j//t
v T Crapp, Jr., Citnager
Approve isapproved:
enn-th Robertson,
Date: l3?7/,
rc asing Director