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HomeMy WebLinkAboutBid Waiver MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Carlos A. Migoya City Manager FROM: Alice N. Bravo, P.E., Director Capital Improvements Program RECOMMENDATION DATE: September 13, 2010 FILE: SUBJECT: Waiver of Competitive Bidding Procedures: Retroactive approval of additional services and award of Agreement to R.J. Behar & Company, Inc. REFERENCES: North Bayshore Drive Drainage Improvements Project, B-50658 ENCLOSURES: In the interest of maintaining continuity of work, it has was determined by the City Manager and Capital Improvements Program (CIP) that using another design consultant other than the Engineer of Record to complete the design of ongoing North Bayshore Drive Drainage Improvements Project, B-50658, would considerably delay the project and ultimately cost the City undue additional expenditures. The City Manager has determined that a valid public emergency exists and finds that it is most practicable and advantageous to the City for R.J. Behar & Company, Inc. (R.J. Behar) to continue all necessary design services to complete the project. We recommend that the City Commission concur to waive the formal requirements set forth in the Code of the City of Miami, as amended, in Sections 18-87, 18-90 and under Florida Statutes 287.055, and affirm and adopt these findings, in order to authorize the additional work performed for the North Bayshore Drive Drainage Improvements Project, B-50658 and authorize a new agreement with R.J. Behar for the provision of Transportation and Transit Miscellaneous Services, in an amount not to exceed $300,000, to cover anticipated additional services required for the completion of various ongoing Capital Improvement Projects. BACKGROUND Pursuant to Resolution No. 04-0579, on October 25, 2004, the City entered into an agreement with R.J. Behar & Company, Inc. (R.J. Behar), 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. R.J. Behar was tasked with providing all project management and engineering analysis and design services necessary for construction of the North Bayshore Drive Drainage Improvements Project, B-50658 (Project). Additional design services were deemed necessary and performed for the Project, including harmonization of adjacent properties and unforeseen conflicts which were addressed through the modification of the design plans. The agreement with R.J. Behar has expired, thus Commission approval is now necessary to retroactively approve the additional services and subsequently issue a Purchase Order in an amount not to exceed $21,000. 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 R.J. Behar to complete the additional design services necessary for the Project. R.J. Behar was also tasked with providing design services for various CIP Projects, including the North Bayshore Drive Operational Improvements Project, B-30514 and the Miami River Greenways Segment D Project, B-40686. Additional services not originally contemplated in the scope of work are now necessary for these projects. The agreement with R.J. Behar has expired, thus Commission approval is now necessary to award a new agreement to the firm for the provision of Transportation and Transit Miscellaneous Services, in an amount not to exceed $300,000, to cover anticipated additional services for the completion of the above -referenced projects. Funds are to be allocated from the appropriate Capital Improvement Projects on an as needed basis. Your signature below will signify your concurrence with the above recommendation and your assimilation of these findings as your own justification for the waiver of competitive bidding procedures and recommendation to retroactively authorize the work and to authorize the execution of an agreement with R . Behar & Company, Inc. i f; Approved: Carlos A. Migoya, City Manager