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HomeMy WebLinkAboutAgenda Item Summary Form1TY OF Hw AGENDA ITEM SUMMARY FORM File ID: #12448 Date: 08/16/2022 Requesting Department: Department of Procurement Commission Meeting Date: 09/22/2022 Sponsored By: District Impacted: All Type: Resolution Subject: Accept - RFQ - Engineering and Inspection Services Purpose of Item: The nature of this item is to seek approval by the City Commission of a resolution accepting the Assignment and Assumption of Contracts solicited under Request for Qualifications ("RFQ") Nos. 16- 17-063 for the provision of Miscellaneous Civil Engineering Services; 17-18-026 for the provision of Civil Engineering Services for West Grove Roadway Improvements; 17-18-031 for the provision of Civil Engineering Services for Miami River Greenway Curtis Park East; 18-19-012 for the provision of Miscellaneous Construction Engineering and Inspection Services; 20-21-005 for the provision of Miscellaneous Transportation and Traffic Engineering Support Services; and 20-21-011 for the provision of Miscellaneous Engineering Services for Federally - Funded Projects, from A&P Consulting Transportation Engineers Corp., a Florida profit corporation ("APCTE"), to CHA Consulting, Inc., a Foreign profit corporation from New York, registered to conduct business in Florida ("CHA"); authorizing the City Manager to execute an acceptance of assignment amendment and assumption of the contract with CHA, in a form acceptable to the City Attorney, for said purpose, and to issue CHA the appropriate notices to proceed subject to availability of funds; further authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations and budgetary approvals having been previously made, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City of Miami ("City") 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 all in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: Pursuant to Section 18-87 of the City Code, the City Manager had approved the recommendation for award of the aforementioned Professional Services Agreements ("Agreements") to APCTE. Said contracts were executed between APCTE and the City between August 2018 and September 2022. Subsequently, APCTE was acquired by CHA, which triggered the conditions stipulated in Article 10.03 of the Agreements, titled "Successors and Assigns" where Agreements "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." Later, on June 27, 2022, the City received a letter of consent from APCTE, a copy of which is included in the agenda packet for this item, to assign, transfer, and convey all contracts to CHA. Effective July 2, 2022, APCTE was fully integrated into CHA, which became the contracting firm with the City, accepting any and all obligations under the aforementioned Agreements. Budget Impact Analysis Item is NOT funded by Bonds Item is NOT Related to Revenue Item is an Expenditure Total Fiscal Impact: Potentially $2,166,000.00 if all contracts are fully utilized. CIP Project No: Several Different Project Numbers Reviewed By Department of Procurement Annie Perez Department Head Review Completed 08/16/2022 5:31 PM Office of Management and Budget Calvin Fifer Budget Analyst Review Completed 08/17/2022 9:32 AM Office of Management and Budget Marie Gouin Budget Review Completed 08/17/2022 5:07 PM Department of Procurement Annie Perez Procurement Review Completed 08/18/2022 11:01 AM City Manager's Office Larry M. Spring Assistant City Manager Review Completed 08/22/2022 2:47 PM City Manager's Office Arthur Noriega V City Manager Review Completed 08/23/2022 8:59 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 08/23/2022 10:26 AM Office of the City Attorney Pablo Velez ACA Review Completed 08/28/2022 11:25 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 08/29/2022 8:29 AM City Commission Nicole Ewan Meeting Completed 09/22/2022 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 09/26/2022 2:59 PM of .�f City of Miami CityHall * iM°nr °°°rE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0363 File Number: 12448 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 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. APPROVED AS TO FORM AND CORRECTNESS: Vf ria i dez, ity ttor ey 8/29/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.