HomeMy WebLinkAboutR-97-0354J-97-334
5/22/97
RESOLUTION NO. 9 354
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
TERMINATION OF THE CONTRACT BETWEEN THE CITY OF
MIAMI AND GREGORI INTERNATIONAL OF FLORIDA, INC.,
FOR THE PROJECT ENTITLED "MELREESE GOLF COURSE
RENOVATIONS, B-3255"; SAID TERMINATION CONDITIONED
UPON THE CONTRACTOR FAILING TO COMPLY WITH THE
PROVISIONS OF EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO EVIDENCE THE TERMINATION OF THE
CONTRACT, IF NECESSARY.
WHEREAS, pursuant to Resolution No. 96-291 , adopted by the City Commission on
April 29, 1996, the City and Gregori International of Florida, Inc., ("Contractor") executed
a contract (the "Contract") for the construction of the project entitled "MELREESE GOLF
COURSE RENOVATION, B-3255" (the "Project"); and
WHEREAS, the Contractor has defaulted in the performance of the Contract by,
among other things, failing to perform the work according to the project schedule and to
complete the Project within the time provided in the Contract; and
WHEREAS, on February 10, 1997, the City gave the Contractor written notice of
default and, in accordance with Section 6-10 of the Contract, a period of ten (10) days in
which to cure the default; and
ATTACHMENT (S)I
1z CONTAINED
CITY COMMISSION
MEETING OF
MAY 2 2 1997
Resolution No.
b'r- 354
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WHEREAS, the Project has not yet been completed and the Contractor has agreed
to complete construction thereof within the required timeframe, and under the terms set
forth in Exhibit "A"; and
WHEREAS, in order to complete construction of the Project and mitigate the City's
damages, the City and the Project Manager have recommended that the Contractor be
given the opportunity to complete construction of the Project in accordance with the
provisions of Exhibit "A"; and
WHEREAS, the City Manager wishes to be authorized to terminate the Contract in
the event that Contractor fails to comply with its obligations under Exhibit "A";
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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to terminate the Contract
between the City of Miami and Gregori international of Florida, Inc., for the Project
entitled "Melreese Golf Course Renovations, B-3255", said termination conditioned upon
the Contractor failing to comply with its obigations under Exhibit "A" attached hereto.
Section 3. The City Manager is hereby authorized' to execute the necessary
documents, in a form acceptable to the City Attorney, to evidence the termination of the
Contract, if necessary.
1 The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
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9'7- 354
Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 22nd day of May, 1997.
ATTEST
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
i
LG RAMIREZ-SEI AS
ASS STANT CITY ATTORNEY
W 1619:csk:ORS
AROLLO, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
3 97- 354
EXHIBIT "A"
Based on the recommendations of the Project Manager and the Golf Course
Architect, and as shown in the Contractor's Final Schedule to the City (dated
5/12/97), the following is a list of the golf course construction work to be
completed within three weeks of the adoption of the referenced Resolution.
1. Complete all preparation and all grassing (sod and sprigging of greens and
fairways) on the golf course.
2. Complete all bunker work including trenching and sand filling and
spreading on the golf course sand bunkers and waste bunkers.
3. Repair all damaged irrigation heads.
4. Clean the drainage system of any and all debris clogging the drainage.
5. Remove any and all large debris (rocks, wood, plastic, asphalt, etc.) visible on
the surfaces of the golf course and any floating debris from lakes.
6. Remove dead trees and trash from the site.
7. Complete the cart paths and repair broken concrete cart path on Holes
No.1, No. 6 and No. 9. Also install curbing on cart path at North end of
Driving Range and repair curbing on Holes No. 3 and No. 8.
8. Restore broken underground electric lines to shelter on Hole No. 16 and to
existing irrigation pumps on Holes No. 1, No. 6 and No. 14.
9. Complete grading and grassing on North side of Driving Range.
10. Cut drainage lines over -extended into lakes and extend line adjacent to Hole
No. 8 into lake; replace broken PVC irrigation line end caps with ductile iron
caps.
On June 2, 1997, or at end of the three week period, representatives of the City,
Contractor, Project Manager and Golf Course Architect, shall jointly inspect the
completion of the above construction work. If the work is completed, the date of
substantial completion will be established. The contractor shall then be given
another two (2) weeks maximum to complete all remaining items in the Architect's
Punch List dated May 19, 1997.
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