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Resolution: R-10-0410
File Number: 10-01017
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/23/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
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, AND FLORIDA STATUTES SECTION 287.055; RETROACTIVELY
AUTHORIZING ADDITIONAL DESIGN SERVICES ALREADY COMPLETED, NOT
ORIGINALLY CONTEMPLATED IN THE SCOPE OF WORK, FOR THE NORTH
BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, IN THE
AMOUNT NOT TO EXCEED $21,000; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. B-50658; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO A NEW AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH R.J. BEHAR & COMPANY, INC., FOR ADDITIONAL
REQUIRED DESIGN SERVICES NOT YET RENDERED, FOR THE COMPLETION
OF VARIOUS ONGOING CAPITAL IMPROVEMENT PROJECTS, IN AN AMOUNT
NOT TO EXCEED $300,000; 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 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;
and
WHEREAS, R.J. Behar was tasked 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"); and
WHEREAS, 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; and
WHEREAS, in the interest of maintaining continuity of work and to avoid undue additional costs, it
was determined to be in the City of Miami's ("City's") best interest to allow R.J. Behar, the Engineer of
Record, to complete the additional design services necessary for the Project; and
WHEREAS, the agreement with R.J. Behar 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 $21,000; 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
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File Number: 10-01017 Enactment Number: R-10-0410
Code"), and Florida Statutes Section 287.055; and
WHEREAS, R.J. Behar was also tasked with providing design services for various Capital
Improvement Projects, including the North Bayshore Drive Operational Improvements Project,
B-30514 and the Miami River Greenways Segment D Project, B-40686; and
WHEREAS, additional services not originally contemplated in the scope of work are necessary for
these projects; and
WHEREAS, approval has been requested to authorize the City Manager to enter into a new
agreement, in substantially the attached form, with R.J. Behar, for the provision of Transportation and
Transit Miscellaneous Services, in an amount not to exceed $300,000, for the anticipated additional
services required for the completion of the above -referenced projects; 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 18-87 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 $21,000, with funds allocated from Capital Improvement Project No. B-50658.
Section 4. The City Manager is further authorized{1} to enter into a new agreement, in
substantially the attached form, with R.J. Behar, for the additional required design services not yet
rendered, for various ongoing Capital Improvement Projects, in an amount not to exceed $300,000,
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}
Footnotes:
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File Number: 10-01017
Enactment Number: R-10-0410
{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.
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