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/
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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,
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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
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