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Resolution 2019-30758 RESOLUTION NO, 2019-30758 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION CERTIFYING A VALID PUBLIC EMERGENCY PURSUANT TO SECTION 287.055(3)(a)(1) AND SECTION 287.055(9)(c)(6), FLORIDA STATUTES; AND WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING PROCESS, SO AS TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND PROCURE, AS HE DEEMS NECESSARY, THOSE PROFESSIONAL SERVICES (ARCHITECTURAL AND/OR ENGINEERING), CONSTRUCTION SERVICES, OR, IN THE ALTERNATIVE, DESIGN/BUILD CONTRACT SERVICES FOR THE PALM AND HIBISCUS, SUNSET HARBOUR, AND VENETIAN ISLANDS NEIGHBORHOOD IMPROVEMENT PROJECTS, IF LANZO CONSTRUCTION CO., FLORIDA (LANZO), THE CONTRACTOR FOR THE THREE NEIGHBORHOOD IMPROVEMENT PROJECTS, FAILS TO MEET THE OBLIGATIONS AND DEADLINES ESTABLISHED BY THE CITY FOR THE COMPLETION OF SUCH PROJECTS, DUE TO THE PROLONGED DURATION OF CONSTRUCTION, POTENTIAL DEFICIENCIES OF THE STORMWATER MANAGEMENT SYSTEM, AND UNDUE IMPACT TO THE RESIDENTS AND PROPERTY OWNERS OF THE AFFECTED NEIGHBORHOODS; AND, IN THE EVENT THE CITY MANAGER CERTIFIES SUCH A PUBLIC EMERGENCY, AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY RELATED TO THE TERMINATION OF THE AFORESTATED CONSTRUCTION PROJECT CONTRACTS WITH LANZO. WHEREAS, the City of Miami Beach (the "City") currently has three (3) neighborhood improvement projects, Palm and Hibiscus (Design/Build), Sunset Harbour (Design/Build), and Venetian Islands (Construction) (collectively the "Neighborhood Improvement Projects" or "Projects"), under contract with Lanzo Construction Co., Florida ("Lanzo"); and WHEREAS, each of the Neighborhood Improvement Projects has been under construction for an extended period of time, and certain deficiencies and/or incomplete scopes of work exist in each of the Projects; and WHEREAS, the completion of these Projects is of the utmost importance to the City; and WHEREAS, the Administration has been actively engaged in negotiations and discussions with Lanzo related to the completion of the Neighborhood Improvement Projects, and the Administration has established certain criteria, obligations and deadlines for Lanzo to complete the Projects; and WHEREAS, due to the prolonged duration of construction, potential deficiencies of the storm water management systems, and undue impact to the residents and property owners of these Neighborhood Improvement Projects, the City Manager has determined that if the criteria, obligations and deadlines established by the Administration for Lanzo are not accomplished expediently, he will proceed to certify that there exists a valid public emergency pursuant to Section 287.055(3)(a)(1) and Section 287.055(9)(c)(6), Florida Statute; and, as such, proceed to complete the Projects using alternative means and methods; and WHEREAS, in the event Lanzo cannot meet the Administration's criteria, obligations and deadlines, and a valid public emergency therefore exists, the City Manager is requesting that the Mayor and City Commission authorize him to take all actions necessary to procure the required professional (architectural and/or engineering), construction, or, in the alternative, design-build services as necessary for the completion of the Neighborhood Improvement Projects; and WHEREAS, it is critical that the Administration be able to immediately retain contractors to address any and all deficiencies in the work or commence construction of any incomplete scope of work for the Neighborhood Improvement Projects with minimal or no disruption and/or interruptions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission accept the City Manager's recommendation certifying a valid public emergency pursuant to section 287.055(3)(a)(1) and 287.055(9)(c)(6), Florida Statutes; and waiving, by 5/7ths vote, the competitive bidding process, so as to authorize the City Manager to negotiate and procure, as he deems necessary, those professional services (architectural and/or engineering), construction services, or, in the alternative, design/build services for the Palm and Hibiscus, Sunset Harbour, and Venetian Islands neighborhood improvement projects, if Lanzo Construction Co., Florida (Lanzo), the contractor for the three neighborhood improvement projects, fails to meet the obligations and deadlines established by the City for the completion of such projects, due to the prolonged duration of construction, potential deficiencies of the stormwater management system, and undue impact to the residents and property owners of the affected neighborhoods; and, in the event the City Manager certifies such a public emergency, authorizing the City Manager to take all actions necessary related to the termination of the aforestated construction project contracts with Lanzo. • PASSED and ADOPTED this /3 day of `/4"4 , 2019. Dan Gelber, Mayor ATTEST: 3/2 APPROVED AS TO FORM & LANGUAGE Rafael E. GranAY/ , Cityk : FOR EXE UTION ("1'''''`p��� 8411141 dr- ht . 3 - rZ - � ��� � � 13 •+01�, City Attorney • Dote ��•• •i. INCORP ORATED•` ••; '"4';1-if 26� �e Resolutions-R7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 13,2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO WAIVE THE COMPETITIVE BIDDING REQUIREMENT FOR THE PROCUREMENT OF CONSTRUCTION AND/OR PROFESSIONAL SERVICES FOR THE PALM AND HIBISCUS, SUNSET HARBOUR AND VENETIAN ISLANDS NEIGHBORHOOD IMPROVEMENT CONSTRUCTION PROJECTS, BY 5/7TH VOTE, PURSUANT TO SECTION 2-367(E) OF THE CITY CODE, IN THE EVENT THE CITY MANAGER DECLARES A PUBLIC EMERGENCY, PURSUANT TO FLORIDA STATUES 287.055(3)(A)(1) AND 287.055(9)(C)(6), IF LANZO CONSTRUCTION CO., FL, THE CONTRACTOR FOR THE THREE NEIGHBORHOOD IMPROVEMENT CONSTRUCTION PROJECTS, FAILS TO MEET THE OBLIGATIONS AND DEADLINES ESTABLISHED BY THE CITY FOR THE COMPLETION OF THE NEIGHBORHOOD IMPROVEMENT PROJECTS DUE TO THE PROLONGED DURATION OF CONSTRUCTION, POTENTIAL DEFICIENCIES OF THE STORM WATER MANAGEMENT SYSTEMS,AND UNDUE IMPACT TO THE RESIDENTS AND PROPERTY OWNERS OF THE IMPACTED NEIGHBORHOODS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND, IN THE EVENT THE CITY MANAGER DECLARES A PUBLIC EMERGENCY, AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY RELATED TO THE PROCUREMENT OF CONSTRUCTION AND/OR PROFESSIONAL SERVICES FOR THE COMPLETION OF THE THREE NEIGHBORHOOD IMPROVEMENT PROJECTS, IN THE NOT TO EXCEED AMOUNT OF $2,000,000. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. ANALYSIS The City of Miami Beach currently has three (3) neighborhood improvement projects, Palm and Hibiscus (Design/Build), Sunset Harbour (Design/Build) and Venetian Islands (Construction), under contract with Lanzo Construction Co., Florida (Lanzo). The completion of these projects is of the utmost importance to the City.To that end,the Administration has established certain obligations and deadlines for Lanzo to meet in order to complete the three neighborhood projects. In the event Lanzo cannot meet these obligations and deadlines,the Administration is requesting the Mayor and City Commission authorize the City Manager to take all actions necessary to procure the emergency work and/or Professional Services necessary for the completion of these projects. Each of the projects has been under construction for an extended period of time. Certain deficiencies and/or incomplete scope of work exists in each of the projects.The City Administration has been actively working these issues with Lanzo and has established certain obligations and deadlines. Due to the prolonged duration of construction, potential deficiencies of the storm water management systems and undue impact to the residents and property owners of these three neighborhoods the administration has determined that if these issues are not remedied expediently it would indeed present the existence of a public emergency. It is critical that the administration be able to immediately avail itself of a process which would enable it to: 1) retain contractors to address any and all deficiencies of completed scope or construction of any incomplete scope of work within the three neighborhoods with minimal or no disruption and/or interruptions;2)procure professional architectural/engineering services necessary to support the construction services,specifically for those services associated with the design/build contracts. It is the administration's intent to determine the most practical approach which would allow the City to meet the afore stated goals, • while complying with public procurement laws including,without limitation,the CCNA.The City administration,in assessing the totality of factors giving rise to this situation,believes there is ample support to find that a public emergency,possibly necessitating a CCNA waiver of the bidding requirements,exists here. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Legislative Tracking Capital Improvement Projects 6 •