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Home My WebLink AboutAgenda Item Summary Form1TY OF Hw AGENDA ITEM SUMMARY FORM File ID: #13984 Date: 05/10/2023 Requesting Department: Office of Capital Improvements Commission Meeting Date: 07/13/2023 Sponsored By: District Impacted: All Type: Resolution Subject: Accept RFQ - Miscellaneous Structural Engineering Services Purpose of Item: The nature of this item is to seek City Commission's approval, for the Acceptance of Assignment and Assumption of Agreement for RFQ No. 16-17-018, for the provision of Miscellaneous Structural Engineering Services, from Douglas Wood Associates, Inc. to accept the change in ownership, company name, and staff, authorizing the City Manager to execute an Acceptance of Assignment and Assumption of Agreement, in substantially the attached form, with O'Donnell & Naccarato, Inc.; 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 applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: On August 16, 2017, the Department of Procurement ("Procurement") issued RFQ No. 16-17-018, Miscellaneous Structural Engineering Services, under full and open competition for structural engineering services. On October 2, 2017, the RFQ closing date, six (6) proposals were received in response to the RFQ. Subsequently, the proposals were reviewed by Procurement staff, upon which all proposals were deemed responsive and responsible in accordance with the minimum submission requirements of the RFQ. On December 12, 2017, the Evaluation Committee completed the evaluation of the proposals and recommended the four (4) top -ranked responsive and responsible Proposers, for award. On March 21, 2018, the Award Recommendation Memorandum was executed pursuant to the City Manager's authorized delegated authority of $500,000.00. On April 24, 2018, an Agreement was executed with Douglas Wood Associates, Inc. for an initial contract term of two (2) years with the option to renew for two (2) additional one (1) year periods. On August 12, 2022, Douglas Wood Associates, Inc. notified Procurement of its potential sale to O'Donnell & Naccarato, Inc. On September 29, 2022, Douglas Wood Associates, Inc. was acquired by O'Donnell & Naccarato, Inc. The contract is currently on the fourth one hundred and twenty (120) day extension and expires on August 20, 2023. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $750,000.00 Special Revenue Account No: N/A CIP Project No: Various Reviewed By Office of Capital Improvements Hector L Badia Department Head Review Completed 06/07/2023 4:31 PM Office of Management and Budget Lai -wan McGinnis Budget Analyst Review Completed 06/08/2023 4:26 PM Office of Management and Budget Marie Gouin Budget Review Completed 06/08/2023 8:02 PM Department of Procurement Annie Perez Procurement Review Completed 06/20/2023 4:05 PM City Manager's Office Nzeribe Ihekwaba Deputy City Manager Review Completed 06/29/2023 10:01 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 06/29/2023 11:39 AM City Manager's Office Arthur Noriega V City Manager Review Completed 06/30/2023 2:28 PM Office of the City Attorney Pablo Velez ACA Review Completed 06/30/2023 10:46 PM Office of the City Attorney Victoria M6ndez Approved Form and Correctness Completed 07/03/2023 9:43 AM City Commission Maricarmen Lopez Meeting Completed 07/13/2023 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 07/19/2023 6:44 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0286 File Number: 13984 Final Action Date:7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") FOR REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NO. 16-17-018 FOR THE PROVISION OF MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES FROM DOUGLAS WOOD ASSOCIATES, INC., A FLORIDA PROFIT CORPORATION ("DOUGLAS WOOD"), TO O'DONNELL & NACCARATO, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("O'DONNELL & NACCARATO"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF AGREEMENT WITH O'DONNELL & NACCARATO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE O'DONNELL & NACCARATO THE CORRESPONDING NOTICE TO PROCEED ("NTP"), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; 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 OF MIAMI ("CITY") 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"), the City Manager approved the recommendation of award of Request for Qualifications ("RFQ") Contract No. 16-17-018 for the provision of Miscellaneous Structural Engineering Services with various qualified providers, including Douglas Wood Associates, Inc., a Florida profit corporation ("Douglas Wood"), for an initial term of two (2) years with the option to renew for two (2) additional one (1) year periods; and WHEREAS, a Professional Services Agreement ("Agreement"), dated April 24, 2018, for the provision of said services was executed between Douglas Wood and the City of Miami ("City"); and WHEREAS, pursuant to Article 10.03 of the Agreement, titled "Successors and Assigns," said Agreement "shall not be transferred, pledged, sold, delegated, or assigned, in whole or in part, by the Consultant [in this case, Douglas Wood] without the written consent of the City, acting by and through its City Commission;" and WHEREAS, the City received a letter from Douglas Wood, dated August 9, 2022, requesting said consent to assign, transfer, and convey all contracts to O'Donnell & Naccarato, Inc., a foreign profit corporation authorized to conduct business in Florida ("O'Donnell & Naccarato"); and WHEREAS, on September 29, 2022, O'Donnell & Naccarato acquired Douglas Wood; and WHEREAS, O'Donnell & Naccarato is currently the contracting firm that will be accepting any and all future obligations of said Agreement with the City; 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 Agreement for RFQ Contract No. 16-17-018 for the provision of Miscellaneous Structural Engineering Services from Douglas Wood to O'Donnell & Naccarato, is hereby accepted. Section 3. The City Manager is authorized' to execute an Acceptance of Assignment and Assumption of Agreement with O'Donnell & Naccarato, in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized' to issue O'Donnell & Naccarato the corresponding notice to proceed ("NTP"), subject to the availability of funds and budgetary approval at the time of need. 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. APPROVED AS TO FORM AND CORRECTNESS: 1 i , 4indez, CiFy Attor iey 7/312023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' The authorization herein is further subject to compliance with legal all regulations that may be imposed, including but not limited to, those prescribed by the applicable City Charter and City Code provisions.