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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8480 Date: 01/13/2021 Commission Meeting Date: 03/11/2021 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All Type: Resolution Subject: Emergency Finding - Brickell Stormwater Pumpstation Repair Purpose of Item: The nature of this item is to authorize a resolution of the Miami City Commission, by a four -fifths (4/5) affirmative vote, ratifying, confirming and approving the City Manager's emergency finding, that is it most advantageous for the City of Miami to waive the competitive sealed bidding procedures pursuant to Section 18-90 of the Code of the City of Miami, Florida as amended, ("City Code") and retroactively approving the selection of David Mancini & Sons, Inc., for the emergency repair of the Brickell Avenue Stormwater Pump Station's forty-eight (48") inch DIP outfall pipe, which included the investigation, evaluation, repair, and re -certification of the three (3) corresponding deep injection wells and corresponding casings for the Department of Resilience and Public Works ("Public Works"), for an amount of $260,000.00; further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and financial integrity principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: Public Works is requesting retroactive approval for the emergency repair of the Brickell Avenue Stormwater Pump Station's forty-eight (48") inch DIP outfall pipe which included the investigation, evaluation, repair, and re -certification of the three (3) corresponding deep injection wells and corresponding casings. Additionally Portable pumps were needed and were positioned until the exploratory work was completed. Initially on September 23, 2020 Invitation for Quotation ("IFQ") No. 1262390 was issued by Procurement, however, the bid quote came back higher than the amount allowed for an IFQ. Due to the penalties that were being imposed by DERM of $500 a day for everyday the pump remained unrepaired, as well as civil penalties of $25,000, per day, per offense for each day the violation continues, Procurement was unable to issue a formal solicitation and the bid pricing from the IFQ was used as a price basis. A working stormwater pump station is crucial to prevent severe flooding and claims against the City of Miami ("City") by the surrounding businesses and neighbors. Budget Impact Analysis Item has NOT an Expenditure Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: in an amount not to exceed $260,000 General Account No.: As required by department Department of Resilience and Public Review Completed Department of Procurement Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Works 01/26/2021 4:40 PM Annie Perez Donovan Dawson Leon P Michel Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Pablo Velez Barnaby L. Min Victoria Mendez Nicole Ewan City Clerk's Office Juvenal Santana Procurement Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Department Head Completed 01/27/2021 2:01 PM Completed 01/29/2021 1:33 PM Completed 02/01/2021 11:37 AM Completed 02/01/2021 12:57 PM Completed 02/01/2021 1:45 PM Completed 02/02/2021 7:01 PM Completed 02/08/2021 10:35 PM Completed 02/19/2021 3:07 PM Completed 02/22/2021 3:10 PM Completed 03/11/20219:OOAM Completed 03/16/2021 7:26 PM City of Miami Legislation Resolution Enactment Number: R-21-0102 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8480 Final Action Date:3/11/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, RETROACTIVELY APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING ADVANTAGEOUS OR PRACTICABLE FOR THE CITY OF MIAMI ("CITY") IN THE SELECTION OF DAVID MANCINI & SONS, INC., A FLORIDA PROFIT CORPORATION, FOR THE EMERGENCY REPAIRS OF THE BRICKELL AVENUE STORMWATER PUMP STATION'S FORTY-EIGHT INCH (48") DIP OUTFALL PIPE, INCLUSIVE OF THE INVESTIGATION, EVALUATION, REPAIR, AND RE- CERTIFICATION OF THE THREE (3) CORRESPONDING DEEP INJECTION WELLS AND CORRESPONDING CASINGS FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR THE AMOUNT OF TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, emergency repairs were required for the Brickell Avenue Stormwater Pump Station's forty-eight inch (48") DIP outfall pipe, inclusive of the investigation, evaluation, repair, and re -certification of the three (3) corresponding deep injection wells and corresponding casings ("Services") for the City of Miami's ("City") Department of Resilience and Public Works ("Public Works"); and WHEREAS, the City's Department of Procurement ("Procurement") issued Invitation for Quotation ("IFQ") No. 1262390 to obtain competitive pricing as well as the best solution available for the Services; and WHEREAS, the IFQ pricing received exceeded the threshold for this informal solicitation method; and WHEREAS, due to the notice of violation from the Miami -Dade County Department of Economic Resources Division of Environmental Management ("DERM"), which imposed penalties of Five Hundred Dollars ($500.00) per day for each and every day the pump remained unrepaired and the civil penalties of Twenty Five Thousand Dollars ($25,000.00), Procurement's issuance of the required formal competitive solicitation method was not possible; and WHEREAS, for the stated reasons, Public Works quickly needed the Services in the amount of Two Hundred Sixty Thousand Dollars ($260,000.00) from David Mancini and Sons, Inc., a Florida profit corporation ("David Mancini"), to prevent the possibility of severe flooding and claims against the City by the surrounding residents and businesses; and WHEREAS, the Director of Public Works submitted to the Chief Procurement Officer and the City Manager the full explanation of the emergency in writing; and WHEREAS, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager retroactively approved the emergency finding, attached and incorporated as Exhibit "A", waiving competitively sealed bidding procedures as not being advantageous or practicable for the City for provision of the emergency Services; 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, the City Manager's emergency finding, attached and incorporated as Exhibit "A," pursuant to Section 18-90 of the City Code, waiving competitive sealed bidding procedures as not being advantageous or practicable for the City in the selection of David Mancini for the Services for the amount of Two Hundred Sixty Thousand Dollars ($260,000.00) is hereby ratified, retroactively approved, and confirmed. Section 3. The City Manager is authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey ) 2/22/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.