HomeMy WebLinkAboutR-00-0829J-00-735
9/27/00
RESOLUTION NO. 0 0 ... 8 29 9
A RESOLUTION OF THE MIAMI CITY COMMISSION,
BY A (4/5 THS) AFFIRMATIVE VOTE, RATIFYING
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVING THE ACQUISITION
AND INSTALLATION OF A STEEL PICKET FENCE FOR
THE DEPARTMENT OF PARKS AND RECREATION AT
THE CITY CEMETERY, FROM MURRAY FENCE CO., IN
AN AMOUNT NOT TO EXCEED $108,669; ALLOCATING
FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, CAPITAL IMPROVEMENT PROJECT
NO. 331365.
WHEREAS, Bell and ,Son Fence Company was awarded a bid
pursuant to Invitation for Bids No. 98-99-068 to install a fence
at the City Cemetery; and
WHEREAS, the fence was improperly installed and Bell and
Son abandoned the job without correcting certain specifications
requested by the bid; and
WHEREAS, due to increased incidents of vandalism at the
City Cemetery, there was an urgent need to complete the
installation of the fence; and
CITY COBMSSION
MEETING OF
SEP 2 Z. ,36
Resolution leo.
00- 829
WHEREAS, three (3) informal solicitations to complete the
fence were obtained and the lowest responsive and responsible
solicitation received was from Murray Fence Co.; and
WHEREAS, the City Manager made a written finding that the
acquisition and installation of a steel picket fence'at the City
Cemetery constituted a valid emergency; and
WHEREAS, the Director of the Department of Parks and
Recreation recommended that the requirements for competitive
sealed bidding procedures be waived and that the City Manager
authorize the immediate acquisition and installation of the
fence from Murray Fence Co.; and
WHEREAS, funds are available from Community Development
Block Grant Funds, Capital Improvement Project No. 331365;
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. By a four-fifths (4/stns) affirmative vote of
the members of the City Commission, the City Manager's finding
of an emergency, waiving the requirements for competitive sealed
bidding procedures and approving the acquisition and
installation, for the Department of Parks and Recreation, of a
Page 2 of 3
00- 829
steel picket fence at the City Cemetery, from Murray Fence Co.,
in an amount not to exceed $108,669, is ratified, approved and
confirmed, with funds allocated from Community Development Block
Grant Funds, Capital Improvement Project No. 331365.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 28th day of September , 2000.
JOE CAROLLO, MAYOR
in accordance with Miami Cole Sec. 2-36, since the Marr did not ind!caia apprtival 01 .
4fil� l nil tsars l3 y° .'+;. T a ni it i11 the da s;-nµtC;,d 3area r'trovkled, sa"d lag"Us �i`Fn r1A.'d
6y,, ! r g g �+h
Ll+' ccornes e flactivo vk,1 'i �lh `,".t'" @.4 is ,}y o'i '`,��Su 9 7< � d.ys i�o9i'�1 tO2 d:.Ite� of �Jornailzalcn C:6cU n
regarding same, without the z ; yor en,, rci sing a veto.
ATTEST:
ter J. Foeman, City Clerk .. `
WALTER J. FOEMAN
CITY CLERK
APPROVED AS
C IT.e' A'
W4623-0
,eV ILARELLO
RNEY
BSS:dd:kdw
CORRECTNESS t
1� If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 3 of 3
TO
FROM
CITY OF MIAMI, FLORIDA 23
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission DATE:
0yyMSUBJECT:
imen z
r REFERENCES:
ENCLOSURES:
RECOMMENDATION:
SEP 1.2 2007
FILE:
Approval of Emergency
Action for the Completion
of Steel Picket Fence at
the City Cemetery
It is respectfully recommended that the City Commission. adopt the
attached Resolution, by a 4/5"' Affirmative vote, ratifying,
approving, and confirming the City Manager's finding and
recommendation to proceed on an emergency basis, to complete the
installation of a steel picket fence at the City Cemetery, from
Murray Fence Co., a local City of Miami vendor, in a total amount
not to exceed $108;669. This Resolution further allocates funds
for said purpose,.from the Community Development Block Grant Funds,
Project No. 331365.
BACKGROUND:
The original fence bid (Bid No. 98-99-068) was awarded to Bell and
Son Fence Company.. They installed approximately 1,150 linear feet
on the north side of the Cemetery, after which it was discovered
that the fence was improperly installed and failed to meet certain
specifications required by the bid (i.e., wrong picket gauge).
After repeated phone conversations and assurances by Bell and Son
that they would complete the work, they essentially abandoned the
job.
It should be noted that even though the portion of the fence that
was installed did not meet all of the original bid specifications,
it was determined that it was prudent and cost effective to salvage
this fence. The remaining fencing work to be done was performed
according to the original bid specifications. Instead of pursuing
legal action or liquidated damages, the City worked out an
agreement with Bell and'Son Fence Company whereby it kept the newly
installed fence at no cost.
The Honorable Mayor and.
Members of the City Commission
Page 2
Due to increased incidents of. vandalism in the City Cemetery, it
was essential to complete the..fence a's,soon as possible. Informal
bids were obtained to complete the fence from three (3) vendors.
The low bidder was Fence Masters, Inc However, Murray Fence
Company (a local City of Miami vendor) "was within 100 of the low
bid, -and under 'the City's local vendor preference provisions,
agreed to meet Fence Masters, Inc.'s original low bid of $105,105.
It should be noted that once the work progressed., two (2).' change
,It
to a total of $3,206 plus permit fees of $358, had
to be processed to cover unforeseen and additional work. There wase
the replacement, of some wrong. sized fence posts at a cost of
$2,538, and .the repair of a section of the newly installed, steel
picket fence. in the amount of ' $6.68 (which was damaged in a' car
accident that directly struck .the. fence). These change orders
incr the purchase amount,from $105,105 to $108,669.
ased
/CAG%R/AR/vh
00- .829
i
City of Miami PURCHASE ORDER NO:
-��ZYooM� PURCHASE ORDERS
how this number on all packages, invoices and shipping papers
Department of Purchasing Page No: Order Date: Bid/Contract: No:
''-`'c•n-F,.��� P. O. Box 330708 Miami, Florida 33233-0708 I ,,. 6
(305) 416-190011922 FAX (305) 416-1925
Buyer:
Category Number Telephone No. r :-.r • 4 ! ('P
l..I 4. 05...6 14-2'51
.r!.' +ilii' 4I_i: .. ..I r4.ff. ! �!f)f1 .`If
A FT','A E C NURRAY MIArlI , F I. -
t ',i 1`11w '_ 3 TER
City of Miami Accounting Division / Accounts Payable
Department of Finance A C: t /.A h 1 e
P.O. Box 330708
Miami, Florida 33233-0708
Department Contact Person Telephone No: Requisition No:
PARKS & RECREATION
CITY CEMETERY HUDSON 305-416-131 CC -0--32560
C d'
Item#
ommo iLy
Code#
Description
Qty
Unit
Unit Price
Extended Price
PERFOR,411,413 UNDER THIS CONTRACT FOR
OR ON PROPOSER'S BEHALF, PROVIDED
THAT ANY SUCH CLAIMS, LIABILITIES,
LOSSES ANFj +ICAUSES OF SUCH ACTION ARE
:%1'0T ATTRIBUTABLE TO THE NEtiLIGENCE
OR MISCONDUCT OF THE CITY AND, FROM
AMD AGAINST AINY ORI ERS, .T00-VIENTS
OR DECREES WHICH MAY BE ENTERED AND
WHICH MAY RESULT FROM THIS CONTRACT,
(Ihli_ES^ A rTf�if:LITA; i -F TO THF
l;t=l;L f Ei.iCl= OR i1z.`3COINWJ 'T OE=
i'ITY. AND TIRO i Atli, AGAINoT "IL _
C0',3 T`3, ATTOhNE Ys FCFS = ; ='?,;`3l--'3
._l.;�E;It_IT[r:'- ZNC,t'r::...._ .., ,,._ �,lL.`t•L.lt-
/
OF ANY ;11x,11 f', i. -A Ii'i, 11I{ THE
I',,i ESTiGA'rjf?hl T!JCREOF
iliTAI.
i51�15,00
Tax ID or SIS No:
Account Code Number(s)
Requestion
Department use only
.,��1;F 5.:�,..1;_,I:...
Action
Date
Amount
Bal/Remarks
111 -2;;44438
Entity YPe� T
is
Terms:
(Prompt payment Discount)
T76
F.O.E. DESTINATION
., Unless Otherwise Specified
Purchase Order No:
Delivery
City of Miami -� ~'Da rov d
C FN/PC 506 Rev. 7/87
REQUESTING DEPARTME
Miarn.k'.'
PURCHASE ER NO:
2.0 1. 2 17
PURCHASE UNUMML Ishow this number on all packages, invoices and snipping papers
Department of I PurchasingL . Page No: Order Date: Bid/Contract: No:
I
P. O. Box 330708 Miami, Florida 33233-0708 i FIAXRGENCK
(305) 416-1900/1922 FAX (305) 416-1925 Buyer:
Category Number Telephone No.
F'A!,.,KS & RECRE -ATfON
TY (T.r1[.'Tf..RY
!1 Ll R R A Y }7j._J\jtjr :'I 300 NE ._ AVEtitll:
ti I tA ti 1 , f L
T F r^
MIAMI rl
City of Miami Accounting Division Accounts Payable
Department of Finance A C. il: -;'va. i, E
P.O. Box 330708
Miami, Florida 33233-0708
Department
Contact Person
Telephone No:
Requisition No:
( 'I-fY CEMETFRY
'05-41l
Itern#
Commodity
Description
ot y
Unit
Unit Price
Extended Price
Code#
f',, V I.. T, A
'n 0
'TFF7!. PTCKET FENCE AMP (4ATEL A
CITY CEMETERY 1W ACCORDANCE WITH
00%* QUOTE OF 1.1-30-99 AND
UT11-1-7ING *33PECIFICATION OF PT.D
ti
CDTG PROJECT- DAVIS BACON WAGEO
PEPUIPED F OF., Tj_jjS ZICII:. F]'[j:ACE
R US'
Af'PROVED BY THE STATE OVERSIGHT
BOARD AND TER CITY HANAGER
TNI)EMNIFICAT 'l 0h1*
F-POPOSICR. JHALL PA l' ON B Ejj A L F
1FJDLPji,11FY AND SAVL C:17 Y AWL) I T
OFFICIAL^ HARMLESS 7ROM AND AGYTN57T
i;w'V AWi) ALL CLAIH, LlAPLLITIES,
LOSSU.)', AND CAUSES OF AF�TION, WP
OUT Of 17,
rFRF0P1r:,ANf7F UNTFR THE MROV71,710NIS q- 7
THE (JiNTRACT "INS'LOW
11j;`1 010H. -i AWY F F'.1 F1 0
Tax ID or S/S No:
Account Code Number(s)
Requestion Department. use only
Action Date
Amount
Bal/Remarks
rli, 1-36plip'R
Entity Type:
Terms:
(Prompt payment Discount)
F.O.B. DESTINATION
Unless Otherwise Specified
Purchase Order No:
Delivery Date
City of Miami Date Approved
I C I FN/PC 506 Rev. 7/97 1
REQUESTING DEPARTMENT 00- 829
-FROM MURRAY FENCE COFAX NO. 305'6384999 Aug. 01 2000 11:57AM P3
is mmmvbmwwm� 0
Co.
INDUSTRIAL & RESIDENTIAL
CHAINLINK FENCE
LICENSED CONTRACTOR po 20fal
1776 N.W. 23 TR. • Miami, FL 33142-7509 * Tel.. (305) 634-2757 •F 7
ax: (305) 63� -99
INVOIINVOICE NO.
CE
SOLD Toy. DATE ;Xcl 10
LOA I 1,0�_ r3 SOURCE
OF LEAD
ADDRESS 0 3 p d ZONE TELEPHONE
NUMBER 2 -
LOCATION
SALESMAN
AS PER 811) AND spFdihcAtor4s.'
VIOT-7 __: F� 0 0 & qvi.9
.as, 3
Total
Sales Tax
Down
TOTAL
.FOR YOUR, PROTECTION Salewnan 0 0
ON PAYMENTS TO -'US, USE CHECK
-FROM : MURRAY FENCE CO ® FAX NO. : 305 6384999 Aug. 01 2000 11:56AM P2
• ��' /'l �rrct'e� ce
1ND ci POW .
USTRIAL & RESIDENTIAL
CHAINLINK FENCE
LICENSED CONTRACTOR
1776 N.W. 23 TR. • Miami, FL 33142-7509.638-499.9
3142-7509 •63 8-,44
Tei•: (305) B34-2757 •Fax: (305) 63999
INV
INVOICE NO.
DICE
DATE
SOLD TO QSOURC
1rs► ��i�I_CScv �3:�LV�Lg E
OF LEAD
ADDRESS : , i ZONE TELEPHONE ��� ,t --
- — a NUMBER
LOCATION f
SALESMAN
AS PER BID AND SPECIFICATIONS
FOR YoUR,PROT6CTION
'ON PAYMENTS TO US, USE CHECK,
PAYAQ1rTt%t%j 0AtdyAQC61nwfjFird
0 ST a
Total
Sales Tax
Down
6.E 0•
TOTAL o
b , ; r �•.�, '�r ,; ; A A
Salesman — -
v
. 'r
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
70 Donald H. Warshaw DATE : December 2, 1999 FILE
City Manager
sub ECT . Emergency Authorization
For City Cemetery Fencing
FROM Alberto Ruder, Director RE==aEUCES :
Parks and Recreation Department
ENCLOSURES:
The Department of Parks and Recreation requests permission for the City's Purchasing
Department to issue a purchase order on an emergency basis for the completion of the steel
picket fence at the City Cemetery. The original fence bid (Bid No. 98-99-068) was awarded
to Bell and Son Fence Company. They installed approximately 1,150 linear feet on the north
side of the cemetery, after which it was discovered that the fence was improperly installed
and failed to meet certain specifications required by the bid (i.e. wrong picket gauge). After
repeated phone conversations and assurances by Bell and Son that they would complete
the work, they essentially abandoned the job. Additionally, they never obtained the
required Building and Zoning Department permits. To date, no payments have been made
by the City to this company. This matter is now being handled by our City Attorney's Office
(see attached letters from Assistant City Attorney Seth Joseph).
It should be noted that even though the portion of the fence that has already been installed
does not meet all the original bid specifications, (especially when it comes to the use of a
16' gauge instead of a stronger 14' on the pickets) it has been determined that it would be
prudent to salvage this fence. The remaining fencing work to be done will be performed
according to the original bid specifications.
Due to increased incidents of vandalism in the cemetery, it is essential that the fence be
completed as soon as possible. We have obtained informal bids to complete the fence from
three (3) vendors and will request that a purchase order be issued by Purchasing to the
lowest responsive and responsible bidder. The low bidder was Fence Masters, Inc.
However, Murray Fence, a local vendor who is within 10% of the low bid, is being
contacted to determine if he is willing to meet Fence Master's low bid amount. If he
accepts the low bid, the City's local vendor preference provisions would qualify him as the
lowest responsive and responsible bidder and he would be issued a purchase order.
Funding for this work in the amount of $105,501 is from Community Development Block
Grant funds.
We will seek City Commission ratification of your action at the earliest
Meeting.
lAdIAL
AR
Attachmept
c: ;aull Wartinez
Judy Carter
Seth Z. Joseph
(Dis)Approved:
0
nNd H. Warshaw
City Manager
CITY OF MIAMI, FLOR!DA
INTER -OFFICE MEMORANDUM
To : Donald H. Warshaw DATE November 19, 1998 FILE
City Manager
SUWECT : Approval of Request for
Formal Solicitation
c;
FROM : REFERENCES: CO - t
PAlberto Ruder, Director ENCLOSURES: h s
Parks and Recreation Department
a z;
Z �
The Department of Parks and Recreation requests permission for the City's-procuremen
section to solicit bids from approved vendors for the projects listed below. ru
We have verified with the Capital Improvement's Office and the Department of Budget
and Management Analysis that fiords are available as allocated by Ordinance No. 11705 . ; ra` 77- _" `-
adopted September 28, 1998.
Fencing Projects Project No. Account Codes Estimated Cost Funding Source
I. City Cemetery or, -331365 589301-860 $110,000 CDBG
2. City Cemetery X336006 589301-860 65,000 State Grant
-3. .Williams Park 0.,331351 -589301-860 14,000 CDBG
-"4. Lemon City Park ot, 331386 589301-860 50,000 State Grant
Bleachers Project No. Account Codes Estimated Cost Funding Source
1. Hadley Park OP331403 589301-860 $10,000 CDBG
2. Grapeland Park 331310 589301-860 10,000 Rev. Bon *20M1
3. Shenandoah Park er-331360 589301-860 20,000 State Grant ^"b►c.^c-
Other Projects Project No. I Account Codes I Estimated Cost Funding Source
1- Hadley Park 4P 331403 589301-860 $25,000 CDBG
Landscaping
2. Williams Park 00- 331351 589301-860 15,000 CDBG
Bollards
00 829
Page 2
ffDipag Parekh, Director Gwendolyn W n, Director,
Office of Budget and Management Analysis
Capital Improvements Review & Approval:Y.
ar S - oder
Capital Improvements Administrator .
Please indicate below your approval or non -approval of this request.
(Not) pproved•
onald H. Warshaw
City. Manger
AR:CH:ms
,' 0®- 829
Other Projects
Project No.
( Account Codes
Estimated Cost
1.
African Square.
331053
589301-860
$50,000
Park Shutters
2.
Moore Park
331380
589301-860
60,000
Playground
3.
Williams Park Sod
331351
589301-860
35,000
4.
Coral Gate Park
332133--
589301-860
14,000**
Site furnishings
ffDipag Parekh, Director Gwendolyn W n, Director,
Office of Budget and Management Analysis
Capital Improvements Review & Approval:Y.
ar S - oder
Capital Improvements Administrator .
Please indicate below your approval or non -approval of this request.
(Not) pproved•
onald H. Warshaw
City. Manger
AR:CH:ms
,' 0®- 829
11
C'ET-tv of'ffliamT0.
ALEJANDRO VILARELLO
City Attorney
CERTIFIED LETTER
CERTIFICATE NO.:Z 463 593 207
Mr. Gary Bell, President
Bell and Son Fence Company
231 S.W. 58d Avenue
Hollywood, FL 33023
November 12, 1999
(305)416-1800
Telecopier: (305) 416-1801
Re: Fencing at City of Miami Parks a;�p
Dear Mr. Bell:
Your company has defaulted under the terms of the Contract entered between Bella_^_
Son and the City of Miami (the "City'). The default and the subsequent termination f the .
Contract is based on the following breaches.
A breach occurred when construction of the fence at the City Cemetery was not
completed within the time specified in the Contract. Additionally, construction of the fence at
Simpson Park has not even begun. Section 3.18 provides for liquidated damages to be paid by
Bell and Son in the amount of one hundred (100) dollars for each and every calendar day that the
work remains incomplete. Currently Bell and Son owes the City over five thousand (5000)
dollars for its failure to complete the fencing at the City Cemetery and Simpson Park. That does
not include any additional money that would be required to correct, re -bid and secure the
properties in the interim.
The next breach was the installation of sixteen (16) gauge wall thickness steel pickets on
the fence at the City Cemetery rather than fourteen (14) gauge wall thickness as required by
Section 4.0 of the Contract. As you are aware, the sixteen (16) gauge steel pickets are
considerable weaker than the fourteen. (14) gauge pickets. Additionally, the small portion of the
fence that has been installed at the City. Cemetery is not fully welded or painted. The failure to
fully weld or paint the fence has resulted in the bare metal exposure to the elements. The
exposure has caused corrosion and if it were to be painted, would result in extra expense of
preparing the surface for adhesion of paint.
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910
00- 829
Additionally, Bell and Son has failed to remove and. properly dispose of the ,pre-existing
chain link fence at the City. Cemetery. In fact, the . fence has merely been laid on a neighbor's
property. This is.both in violation of Section 4.0 of the Contract and of -City Code.
Bell and Son has failed to obtain the proper permits required by Section 3.11 of the
Contract. As you are aware, it is necessary to obtain .permits in order to install fences within the
City limits. Your failure to obtain said permits is another breach of the Contract.
The City has terminated the Contract with Bell and Son for these many breaches.
However, the City has not, as of yet, attempted :to obtain redress from the Courts for the
additional costs associated with these breaches. In order to avoid litigation, the City is willing to
permit Bell and Son to remove the improper fencing installed by your company, and the
improperly disposed of chain link fence at the City Cemetery. If this removal is accomplished to,_;,_-:.,,
the City's satisfaction within seven (7) days of this letter, the City will not attempt to collect the `-
over five thousand (5000) dollars in liquidated damages plus the costs to repair, re -bid and secure
the property which is owed to the City by your company. If however, the above -mentioned work
is not accomplished within the time frame above, the City will seek all redress provided by .the
law.
You may contact me if you have any questions. My number is (305) 416-1845. Please
govern yourselves accordingly.
o-,Wk..4
NOW
Very truly yours, .
cc:
Alberto Ruder, Director, Department of Parks and Recreation
Raul Garcia, Chief of Operations, Department of Parks and Recreation
Tau of 4HTZTMT
ALEJANDRO VILARELLO (� �l (30-)1 alb -1800
Cih; A tornev , lots., 14.11. J Teiecupier: ( 305) 41()-18u I
November 22, 1999
CERTIFIED LETTER
CERTIFICATE NO.: Z 463 593 201
Mr. Gary.Bell, President
Bell and Son Fence Company
2312 S.W. 58" Avenue
Hollywood, FL 33023
Re: Fencing at City of Miami Parrs.
Dear Mr. Bell:
As per our conversation on Thursday, November 18, 1999, you agreed that your
company, Bell and Son Fence Company, would remove the fence Bell and Son improperly
installed and fence that your company improperly disposed of at the City Cemetery. I informed
you that you would have seven (7) days to remove the fences and you informed me that you
would accomplish the task that veryweekend, November 20-21, 1999. We agreed that if Bell
and Son completed the removal by. the weekend the City of Miami (the "City') would not seek
the liquidated damages of over five thousand (5000) dollars already due pursuant to the contract,
not including the cost to correct, re -bid and secure the property.
On Monday, November 22, 1999, the City will send inspectors to the City Cemetery to
inspect the removal of the fences. In the event they are not removed, the City will seek all
redress provided by the law. Please govern yourselves accordingly.
Very truly
i-
i:
Attorney
cc: Alberto Ruder; Director, Department of Parks and Recreation —
Raul Garcia, Chief of Operations, Department of Parks and Recreation
00- 829
m/egWW004 a *
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945 Miami. Florida 33130-1910
kt-tv of �i�t�t
ALBERTO RUDER
Direcw
August 16, 1999
Bell & Son Fence Inc.
6600 NW 27 Ave. #1.10
Miami, Fla. 33247
Attn: Mr. Gary J. Bell
Dear Mr. Bell: .
DONALD H. WARSHAW
Cty Manager
On June 3, 1999, your company was issued two Purchase Orders #904424 and 904425 for
the installation of a steel picket fence at the City Cemetery and Simpson Park, to be
completed in thirty (30) days, after issuance of purchase order.
After several attempts from the City of Miami to try to get your company to start these
projects without any success, on or approximately the 26" of July 1999, Mr. Charles
Hudson and Ms. Pamela Burns from the City of Miami, in a telephone conversation with
you, it wes agreed to extend the completion date of the picket fence project until August
31, 1999.
In our telephone conversation of August 10, 1999, you stated that on the following day
you were going to start with the installation of the steel picket fence at Simpson Park and
the City Cemetery. Again, this is to remind you that according to the project Special
Conditions, page 3, para. 3.18, your company will be subject to charges in the amount of
$100.00 per project for each and every calendar day the work is not completed by August
31, 1999.
Sincerely,
Raul Garcia
Chief of Operations
RG/pm
c: Alberto Ruder, Director
Judy Carter, Chief Procurement Officer —
Pamela Burns, Purchasing Department
L.
00- 829
DEPARTMENT OR PARKS AND uamAnoN
444 S.W. 2nd AW.. Nh fl000-Q @= 330708 Mtamt, FL 332334MWO 416.130CWac OOS) 416.2154
ALBERTO RUDER
Director
September 30, 1999
Gary Bell, President
Bell & Son Fence Company
2312 SW 58" Avenue
Hollywood, FL 33023
Tttu ofiaml t
I Opi
r r - _� DONALD H. WARSHAW
Mel .°'to C� j 1, I City Manager
moo -
Sent via Certified Mail: Z 503
Dear Mr. Bell:
00F, (A
to
According to she terms of the bid for the City Cemetery and Simpson Park to which your firm responded,
the work and the bid contemplated completion within 30 (thirty) business days from the date of issuance of
the purchase order. 'Ibe 30 (thirty) business days contemplated was a concurrent period and not successive
periods. Our records indicate that the purchase order was issued for the matte on Ame 4, 1999. To date,
despite the City's several attempts to resolve this matter and more than 90 (ninety) days since purchase
order generation, the City Cemetery project has not recognized any substantial progress.
At this point, I cannot recommend that the City continue to wait. Beyond the general concern of public -
issue, the public intava in this project reguhm that I act swdUy.on this matter. If the City Cemetery :-;
project fails to shoat substantial co4koon within 10 (tea) calendar days and/or Simpson Park has not `
commenced, I will be making a recomm dation to the City Manager that the contract(s) be terminated and
another vendor be identified.
According to our records, as of the date of this letter, an amount of $5,000 in liquidated damages has
accrued on this job (includes both the City Cemetery and Simpson Park). As indicated in Section 3.19 of
your contract, the liquidated damages will continue to accrue on this job at a rate of $100 "for each and
every calendar day the work remains incomplete".
Finally, it has come to our attention that you never obtained the required building permits prior to
commencing the installation of fencing at the City Cemetery (see attached September 23, I999 Notice of
Violation letter). You are directed to immediately resolve this matter and to pay all fees and penalties (if
any) that are required by the City.
Sincerely yours,
A-7191_"" _ .
Albert Ruder,
Director
AR/do-
c: Donald H. Warshaw, City Manager
Raul Martinez, Assistant City Manager
Marva L. Wiley, Special Assistant to the City Manager
Judy S. Carter, Director, Department of Purchasing
Alejandro Vilarello, City Attorney
Attachment
DEPARTMENT OF PARKS AND RECREATION
444 S.W. 2nd Ave., 8th Floor/P.O. Box 330708 Miami, FL 33233-0708/(30S) 416-1300/Fax: (30S) 416-2154
11
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Thursday, September 23, 1999
NOTICE OF VIOLATION
Potential Property Lien
CITY OF MIAMI -DEPT OF P&D
ASSET MANAGEMENT DIVISION
444 SSV 2 AVE STE #325 _
MIAMI FL 33130-1910
Location of Violation: 1580 NE*2 AV
Dear CITY OF MIAMI -DEPT OF P&D:
nov
CR. 99-17647
Folio: 01-3136-000-0030
You are notified that an inspeciion of the above property discloses that you are in violation of the following laws,
including: .
SOUTH FLORIDA BUILDING CODE SECTION 301 FAILURE OF CONTRACTOR TO OBTAIN
REQUIRED PERMITS A FIELD CHECK OF THIS ADDRESS REVEALED THAT THERE IS ANEW
METAL FENCE BEING BUILT WITHOUT THE REQUIRED PERmIT5. YOU ARE URGED TO
CALL RENS DIAZ AT 416-1112 TO DISCUSS AND RESOLVE THIS SITUATION.
You are directed to correct said violation(s) by Wednesday, October 06, 1999 and to notify the Inspector that the
violation(s) has been corrected. If the violation(s) has not been corrected with the approval of the inspector within
the specified time period, you will be commanded to appear before the Code Enforcement Board. If you are found
guilty and fail to correct said violation(s), the Code Enforcement Board can impose fines of up to 5500 per day for
each day the violation(s) remains uncorrected beyond the time period provided.
UNPAID FINES WILL BECOME LIENS AGAINST THIS PROPERTY AND ALL PROPERTIES YOU OWN,
AND WILL BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY- LIENS WHICH REMAIN
UNPAID FOR THREE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use
and Occupational License of any business occupying this property may be suspended or withheld. Operating a
business without all required licenses is illegal under state and city law, and is punidiable by criminal arrest and/or
closing the business. -
If you have any questions, please contact the inspector between the hours of (5:00-9:00 AM and 3:30-4:30 PM)
Monday through Friday.
City of Miami meet Inspector
BENE I. DIAZ
(305)416-1100
RATIFICATION OF
EMERGENCY
ITEM: Steel Picket Fence at City Cemetery
DEPARTMENT: Parks & Recreation
TYPE: Emergency Purchase
REASON: The Department of Parks 8t Recreation has a need to install
steel picket fencing to prevent incidents of vandalism at the
City Cemetery.
RECOMMENDATION: It is respectfully recommended that the City Commission,
ratify, approve and confirm by a four/fifths (4/5th)
affirmative vote, the City Manager's finding of an
emergency, to install steel picket fencing at the City
Cemetery from Murray Fence Company, for the
Department of Parks and Recreation, in an amount not to
exceed $108,669; allocating funds therefor from
Community Development Block Grant Funds Capital
Improvement Project No. 331365.
16—
irecto of Purcha ing
Date
AwardRatifyEmr
90- 829