HomeMy WebLinkAboutR-21-0338City of Miami
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Resolution: R-21-0338
File Number: 9539
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
DIRECTING AND AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS AGAINST T.Y. LIN
INTERNATIONAL, A FOREIGN PROFIT CORPORATION REGISTERED TO
CONDUCT BUSINESS IN FLORIDA ("T.Y. LIN"), INCLUDING, BUT NOT
LIMITED TO, ISSUANCE OF A NOTICE OF DEFAULT, TERMINATION,
LITIGATION, AND ANY OTHER ADMINISTRATIVE ACTIONS UNDER THE
CITY OF MIAMI'S PROCUREMENT ORDINANCE AVAILABLE AGAINST
PROFESSIONAL ARCHITECTURAL/ENGINEERING FIRMS WHICH ARE IN
DEROGATION OF THEIR CONTRACT DOCUMENTS AND APPLICABLE
LAWS, AS MAY BE DEEMED NECESSARY, REGARDING THE CITY OF
MIAMI OFFICE OF CAPITAL IMPROVEMENTS' REQUEST FOR
QUALIFICATIONS CONTRACT NO. 12-13-004 FOR THE PROVISION OF
MISCELLANEOUS CIVIL ENGINEERING SERVICES ("SERVICES") FOR
GOLDEN PINES PROJECT NOS. B-50412, B-50413, B-50414, B-50420, AND
B-50421 (COLLECTIVELY, "PROJECT") DUE TO T.Y. LIN'S REPEATED
FAILURE TO TIMELY COMPLETE AND SUBMIT THE SERVICES FOR SAID
PROJECT.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, on November 19, 2012, the City of Miami ("City") issued Request for
Qualifications ("RFQ") No. 12-13-004 for the provision of miscellaneous civil engineering
services ("Services") for Golden Pines Project Nos. B-50412, B-50413, B-50414, B-50420, and
B-50421 (collectively, "Project") and the proposal submittal from T.Y. Lin International, a foreign
profit corporation registered to conduct business in Florida ("T.Y. Lin"), was selected as the
most qualified firm to provide the Services; and
WHEREAS, on February 16, 2021, the City's Office of Capital Improvements ("OCI") and
Department of Procurement held a Vendor Non -Performance Meeting ("Meeting") with T.Y. Lin
to discuss the various non-performance issues with the pending completion of the Services for
the Project as summarized in the City's letter to T.Y. Lin dated February 17, 2021, attached and
incorporated as Exhibit "A", and further referenced in the City's letter to T.Y. Lin dated August 4,
2021, attached and incorporated as Exhibit "B"; and
WHEREAS, during the Meeting, the City notified T.Y. Lin that any deficiencies in
provision of the Services related to missed deadlines in achieving plan submittal milestones
must be cured immediately and, by March 1, 2021, T.Y. Lin must provide the City with one
hundred percent (100%) completed plans ("Plans") for the Project; and
WHEREAS, during the Meeting, T.Y. Lin made no mention of any additional
compensation for the Plans; and
City of Miami Page 1 of 2 File ID: 9539 (Revision:) Printed On: 912212021
File ID: 9539 Enactment Number: R-21-0338
WHEREAS, the City has made multiple requests to T.Y. Lin for the Plans the City needs
to initiate the pending competitive process and construction for the Project; and
WHEREAS, T.Y. Lin's commitment to curing the referenced deficiencies remains
unfulfilled; and
WHEREAS, T.Y. Lin now claims that changes in the scope of work and additional work
efforts merit additional compensation authorizing T.Y. Lin to withhold the Plans from the City;
and
WHEREAS, the City has not approved any such additional work efforts claimed by T.Y.
Lin via the Contract -required issuance of a Work Order and Notice To Proceed;
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 City Manager and the City Attorney are directed and authorized' to take
any and all actions against T.Y. Lin, including, but not limited to, issuance of a notice of default,
termination, litigation, and any administrative actions under the City's Procurement Ordinance
available against professional architectural/engineering firms who are in derogation of its
contract documents and applicable laws, as may be deemed necessary, regarding OCI RFQ
Contract No. 12-13-004 for the provision of the Services for the Project due to the repeated
failure to timely complete and submit the Services for the Project.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i `ndez, City Attor iey 8/30/2021
The herein authorization is further subject to compliance with all legal requirements 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 2 File ID: 9539 (Revision:) Printed on: 912212021