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HomeMy WebLinkAboutItem #08 Approval of the Finance Department to assign the Serveying Continuing Services Contract awarded to MACTEC Engineering & Consulting, Inc. to AMEC E&I, Inc be Centex of Gooch L AGENDA ITEM COVER SHEET Meeting Date: December 6, 2011 Item # Reviewed By: Contact Name: Al Butler, CIP Manager Department Director: Contact Number: 407 - 905 -3100, ext. 1543 City Manager: Subject: Approval of and authorization for the Finance Department to assi n t e surveying continuing services contract originally awarded to MACTEC Engineering & Consulting, Inc. to the new corporate entity of AMEC E &I, Inc., which has acquired all the assets and obligations of MACTEC. (Citywide) Background Summary: MACTEC Engineering & Consulting, Inc. was one of three firms selected by the City Commission for pre - qualification under the Continuing Surveying & Mapping Services Contract procurement (RFQ 11 -02) in Fiscal Year 2011. The contract for participation in this construction program was executed by the City on December 7, 2010 with a term of five years. MACTEC was acquired by AMEC Environment & Infrastructure and will begin to operate under the business name of AMEC E &I, Inc. on January 1, 2012. With the completion of the corporate restructuring, AMEC E &I seeks the City's acceptance of a request for contract assignment. The existing contract provides for such an assignment: The City and the Consultant bind themselves and their partners, successors, executors, administrators, and assigns, to the other party of this Agreement in respect to all duties, rights, responsibilities, obligations, provisions, conditions, and covenants of this Agreement; except that the Consultant shall not assign, transfer, or delegate its rights or duties, or both of these things, in this Agreement without the prior written consent of the City. The City has the absolute right to withhold such consent at its convenience, and, furthermore, if the Consultant attempts to assign, transfer, or delegate its rights or duties in violation of these provisions without the City's consent, then the City may terminate this Agreement as a breach of contract by the Consultant and a failure by the Consultant to substantially perform its obligations hereunder, and any such assignment shall be null, void, and of no legal effect. The City shall have the right to assign its rights (or any part of them) or to delegate its duties and obligations (or any part of them) to another entity that shall be bound by all applicable terms and conditions as provided in this Agreement. The action proposed by this agenda item is consistent with the applicable contract language. MACTEC has no existing project obligations with the City. Issue: Should the City Commission authorize the Finance Department to assign the Continuing Surveying & Mapping Services Contract of MACTEC Engineering & Consulting, Inc. to the new corporate entity of AMEC E &I, Inc.? Recommendations The Engineering and Finance departments recommend that the City Commission authorize the Finance Department to assign the continuing contract for surveying and mapping services previously awarded to and executed by MACTEC to its new corporate entity of AMEC E &I. The senior staff remain the same for the local operations of AMEC E &I as it was for MACTEC. Staff has thus concluded that the qualifications of the original corporate entity that earned it a sufficiently high ranking as to be awarded the 1 continuing services contract are applicable to the new entity and that no revocation of award is justified. Attachments: Written request for assignment by AMEC Environment & Infrastructure, Inc. dated November 4, 2011. Financial Impact: The assignment of the Continuing Surveying & Mapping Services Contract to AMEC E &I, Inc. will preserve the competitive nature of this program by continuing to include a pre - qualified firm that has demonstrated the ability to provide low -cost services on time and that meet project requirements. There are no costs to the City for this assignment. Type of Item: (please mark with an "x, Public Hearing For Clerk's Dent Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 ame 4- Nov -2011 Ocoee, City of 150 North Lakeshore Drive, Ocoee, FL 34761 - Subject: Five AMEC subsidiaries combined into one AMEC company Contract / business agreement Agreement, 12/7/2010 AMEC E &I, Inc. (f /k/a MACTEC Engineering and Consulting, Inc.) Dear Valued Client: We are pleased to inform you that, effective January 1, 2012, AMEC Geomatrix, Inc., AMEC -BCI Engineers & Scientists, Inc., AMEC E &I, Inc. (f /k/a MACTEC Engineering and Consulting, Inc.) and AMEC E &I Holdings, Inc. (f /k /a MACTEC, Inc.), are scheduled to merge into AMEC Environment & Infrastructure, Inc. All of these entities are part of the AMEC global organization. This is exciting news! We believe the combined professional, technical and financial strengths of AMEC Environment & Infrastructure, Inc. will permit us to provide a broader level of safe and quality services to our clients. We assure you that we will continue to provide the same excellent resources and services you have received from AMEC. Our dedicated AMEC team of consultants, project managers, engineers and scientists that have been providing services to your company will continue to work with you. By operation of law, AMEC Environment & Infrastructure, Inc. will assume all of the contractual rights, duties and obligations under our existing agreement. Please note that, due to the merger, our FEIN number will change on January 1, 2012 to 91- 1641772. After January 1, 2012, our business correspondence will reflect the AMEC Environment & Infrastructure. Inc. name. Please advise us, at your earliest convenience, of any procedural requirements or any additional documentation necessary to recognize this change with your organization. If you have any questions regarding the merger or related name change, please contact the AMEC Commercial /Legal Department at MergerQuestions(a�amec.com. Thank you for your continued business, and we look forward to continuing to serve you. Sincerely, AMEC Environment & Infrastructure Correspondence: AMEC 1105 Lakewood Parkway Suite 300 Alpharetta, GA 30009 United States Tel 770 - 360 -0600