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HomeMy WebLinkAboutExhibit BTARIJ laf ffliami August 4, 2021 Ahmad Hammoud, P.E. Vice President TY-Lin International 201 Alhambra Circle, Suite goo Coral Gables, FI 33134 * INCSIF II/iFl '4 A ndr` P L0RXO ARTHUR NORIEGA, V City Manager VIA EMAIL: ahmad.hammoud@tylin.com RE: Golden Pines projects (B-50412, 650413, B-5O414, B-50420, B-50421) Contract 12-13-004, Notice of Impacts to Deliverables Mr. Hammoud: Pursuant to the letter dated February 17, 2021 summarizing the Vendor Non -Performance Meeting ("Meeting") that took place between the City of Miami ("City") and T.Y. Lin International ("T.Y. Lin") via Microsoft Teams regarding Contract No. 12-13-004 for Miscellaneous Engineering Services ("Contract"), the City discussed various non-performance issues, specifically concerning City Project Nos. B-50412, B-50413, B-50414, B-50420, and 13- 50421. During said Meeting, the City notified T.Y. Lin that any deficiencies related to missed deadlines in achieving plan submittal milestones must be cured immediately. In response to the same, T.Y. Lin indicated its commitment to curing these deficiencies. At said meeting, no mention from T.Y. Lin of the payment of any "additional" compensation for the very plans T.Y. Lin had failed to timely provide and for which the City was compelled to have said Meeting in the first place. In fact, at said Meeting, the City informed T.Y. Lin that should the deficiencies remain uncured within the specified timeframe of March 1, 2021, T.Y. Lin could be found in default, terminated, and with the City seeking other options. Following up on the progress of the design to completion level (Signed and Sealed Drawings and Specifications), the City requested of T.Y. Lin multiple times over for the provision of the completed set of one hundred percent (t00%) completed construction plans and documents in order for the City to initiate the pending bid process and begin construction. However, in spite of the Meeting, the follow up letter summarizing the same, and the multiple requests to OFFICE OF CAPITAL IMPROVEMENTS 444 S.W. 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 date, T.Y. Lin's commitment to curing the referenced deficiencies remains unfulIfilled and the City absent the plans and documents it relied on T.Y. Lin to provide. Worse still, T.Y. Lin now claims that changes in the scope of work and "additional" levels of work efforts merit "additional" compensation, has chosen to withhold the City's plans and documents until it receives the ransom it seeks, and, in the meantime, the City's projects, and construction on the same, continue being held hostage. It is important to note that to date, the City has not approved any such "additional" work efforts claimed by T.Y. Lin, much less has the City authorized the same with the Contract required issuance of a Work Order and Notice To Proceed. In conclusion, the City demands of T.Y. Lin immediate delivery of Signed & Sealed documents (Drawings and Specifications). Should T.Y. Lin fail to deliver the same by August 13, 2021, the City shall find T.Y. Lin in default, shall terminate the Contract, and shall take any and all such additional steps deemed necessary to rectify this matter. PLEASE CONDUCT YOURSELF ACCORDINGLY. Sincerely, Angel Carrasquillo, P.E. Director OFFICE OF CAPITAL IMPROVEMENTS 444 S.W. 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708