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Legislation
Miami, FL 33133
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Resolution
File Number: 10-01016
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS
FOR COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTIONS 18-87
AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AND FLORIDA STATUTES SECTION 287.055; RETROACTIVELY AUTHORIZING
ADDITIONAL DESIGN SERVICES ALREADY COMPLETED, NOT ORIGINALLY
CONTEMPLATED IN THE SCOPE OF WORK, FOR THE NORTHWEST 3RD
AVENUE IMPROVEMENTS PROJECT, B-30390, IN THE AMOUNT NOT TO
EXCEED $13,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. B-30390; FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO A NEW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH EAC CONSULTING, INC., FOR ADDITIONAL REQUIRED DESIGN
SERVICES NOT YET RENDERED, FOR THE COMPLETION OF THE OMNI AREA
UTILITY IMPROVEMENTS PROJECT, B-30626, IN AN AMOUNT NOT TO
EXCEED $400,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL
IMPROVEMENT PROJECTS.
WHEREAS, pursuant to Resolution No. 04-0579, adopted September 9, 2004, the City
Commission authorized an agreement with EAC Consulting, Inc., for the provision of Transportation
and Transit Miscellaneous Services to be used Citywide on an as -needed basis, for a two (2) year
period, with the option to renew for two (2) additional one (1) year periods; and
WHEREAS, EAC Consulting, Inc. was tasked with providing all project management and
engineering analysis and design services necessary for the construction of the Northwest 3rd Avenue
Improvements Project, B-30390 ("Project"); and
WHEREAS, additional design services were deemed necessary and performed for the Project,
which included Community Redevelopment Agency requested street lighting; and
WHEREAS, in the interest of maintaining continuity of work and to avoid undue additional costs, it
was determined to be in the City's best interest to allow EAC Consulting, Inc., the Engineer of Record,
to complete the additional design services necessary for the Project; and
WHEREAS, the agreement with EAC Consulting, Inc. has expired, and City Commission approval
is necessary to retroactively approve the additional services and subsequently issue a Purchase Order
in an amount not to exceed $13,500; and
WHEREAS, a four-fifths (4/5ths) waiver is necessary to waive competitive bidding procedures,
pursuant to Sections 18-87 and 18-90 of the Code of the City of Miami, Florida, as amended ("City
Code"), and Florida Statutes Section 287.055; and
City of Miami Page 1 of 3 File Id: 10-01016 (Version:]) Printed On: 9/14/2010
File Number: 10-01016
WHEREAS, EAC Consulting, Inc. was also tasked with providing design services for the Omni
Area Utility Improvements Project, B-30626; and
WHEREAS, additional services not originally contemplated in the scope of work are necessary for
this project, which includes design of 1,100 feet of 8 inch watermain along Northeast 19th Street,
Miami, Florida, and additional reconstruction of streets, including sidewalk, curb and gutter, and
resurfacing; and
WHEREAS, approval is being requested to authorize the City Manager to enter into a new
agreement, in substantially the attached form, with EAC Consulting, Inc., for the provision of
Transportation and Transit Miscellaneous Services, in an amount not to exceed $400,000, to cover the
additional services required for the completion of the Omni Area Utility Improvements Project; and
WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects;
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, after an advertised public hearing the City
Manager's finding of an emergency, pursuant to Sections 18-97 and 18-90 of the City Code and
Florida Statutes Section 287.055, is ratified, approved and confirmed, and the requirements for
competitive bidding procedures, are waived.
Section 3. The City Manager is authorized {1} to provide payment for the additional design services
already completed, not originally contemplated in the scope of work, for the Project, in an amount not
to exceed $13,500, with funds allocated from Capital Improvement Project No. B-30390.
Section 4. The City Manager is further authorized {1} to enter into a new Agreement, in
substantially the attached form, with EAC Consulting, Inc.,,for additional required design services for
the completion of the Omni Area Utility Improvements Project, in an amount not to exceed $400,000,
with funds allocated from the appropriate Capital Improvement Projects.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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File Number: 10-01016
Footnotes:
{1} The authorization herein is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File Id: 10-01016 (Version: 1) Printed On: 9/14/2010