HomeMy WebLinkAboutR-22-0363City of Miami
Resolution R-22-0363
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Legislation
File Number: 12448
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/22/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF THE CITY OF MIAMI
("CITY") PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR REQUEST
FOR QUALIFICATIONS ("RFQ") CONTRACT NOS. 16-17- 063 FOR CIVIL
ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS, 17-18-026
FOR CIVIL ENGINEERING SERVICES FOR THE WEST GROVE ROADWAY
IMPROVEMENTS, 17-18-031 FOR CIVIL ENGINEERING SERVICES FOR THE
MIAMI RIVER GREENWAY CURTIS PARK EAST, 18-19-012 FOR
MISCELLANEOUS CONSTRUCTION ENGINEERING AND INSPECTION
SERVICES, 20-21-005 FOR MISCELLANEOUS TRANSPORTATION AND
TRAFFIC ENGINEERING SUPPORT SERVICES, AND 20-21-011 FOR
MISCELLANEOUS ENGINEERING SERVICES (JOINTLY "CONTRACTS"),
FROM A & P CONSULTING TRANSPORTATION ENGINEERS CORP., A
FLORIDA PROFIT CORPORATION ("APCTE"), TO CHA CONSULTING, INC., A
FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS
IN FLORIDA ("CHA"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF THE CONTRACTS
WITH CHA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; FURTHER AUTHORIZING THE MANAGER TO ISSUE CHA THE
APPROPRIATE NOTICE TO PROCEED ("NTP") FOR EACH OF THE
CONTRACTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND PRIOR
BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING
ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("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, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as
amended ("City Code"), A & P Consulting Transportation Engineers Corp., a Florida profit
corporation ("APCTE") was awarded a City of Miami ("City") Professional Services Agreement
("PSA") for Request for Qualifications ("RFQ") Contract Nos. 16-17-063 for Civil Engineering
Services for Miscellaneous Projects, 17-18-026 for Civil Engineering Services forthe West
Grove Roadway Improvements, 17-18-031 for Civil Engineering Services for the Miami River
Greenway Curtis Park East; 18-19-012 for Miscellaneous Construction Engineering and
Inspection Services; 20-21-005 for Miscellaneous Transportation and Traffic Engineering
City of Miami Page 1 of 3 File ID: 12448 (Revision:) Printed On: 101712022
File ID: 12448
Enactment Number: R-22-0363
Support Services; and 20-21-011 for Miscellaneous Engineering Services (jointly "Contracts");
and
WHEREAS, on February 7, 2022, CHA Consulting, Inc., a foreign profit corporation
authorized to conduct business in Florida ("CHA"), entered into a Purchase Agreement with
APCTE; and
WHEREAS, CHA has acquired and assumed APCTE's business interests, rights, and
responsibilities pursuant to said Purchase Agreement; and
WHEREAS, on June 27, 2022, the City received a letter of consent from CHA to
assign, transfer, and convey the Contracts between the City and APCTE to CHA; and
WHEREAS, pursuant to Article 10.03 of the PSA for each of the Contracts, titled
"Successors and Assigns," said Agreement "shall not be transferred, pledged, sold, delegated,
or assigned, in whole or in part, by the Consultant without the written consent of the City,
acting by and through, its City Commission";
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. The assignment and assumption of the Contracts from APCTE to CHA is
hereby accepted.
Section 3. The City Manager is authorized' to execute an Acceptance of Assignment
and Assumption of the Contracts with CHA, in a form acceptable to the City Attorney, for said
purpose.
Section 4. The City Manager is further authorized' to issue CHA the appropriate Notice
to Proceed ("NTP") for each of the Contracts, subject to the availability of funds and prior
budgetary approval.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
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 6. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all legal regulations that may be imposed,
including but not limited to those prescribed by applicable City Charter and City Code provisions.
City of Miami Page 2 of 3 File ID: 12448 (Revision:) Printed on: 101712022
File ID: 12448
Enactment Number: R-22-0363
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 812912022
City of Miami Page 3 of 3 File ID: 12448 (Revision:) Printed on: 101712022