HomeMy WebLinkAboutR-91-0887887
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY , TO CiOEAD CONSTRUCTION
CORPORATION, FORTHWITH, WITHOUT THE ADMISSION
CIF` LIABILITY, THE SUM , OF $99, 913.OB IN PULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 90-3824E CA 13, UPON
THE EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS, WITH FUNDS THEREFOR BEING ALLOCATED
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FROM CAPITAL IMPROVEMENT FUNDS.
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WHEREAS, COBAD Construotion Corporation, through its n
attorney, filed a lawsuit against the City of Miami, in the
Cirouit Court of Dade County, Florida, Case No. 90-38246 CA 13,
for alleged delay damages, inoreases in oontraot oosts. retaina¢e
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the 1�1d,
of ' $00, 913, 05 111 fuij. and,
00a a 6tt �m6tLt a &wy and all
0�ai�na
it i_f xi whi, is�3ourt Cade go, 00"38948 CA 13, 11pot the
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+� +�outi ►n of a ioloade, r6leamilIg
the City of Hiami frft ail' ant&
�..,:o t� 'and demands, with funds
therafr�� hereby 061 0oated from
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Seotion 96 This Reeolutiot shall beClbY6$ eff�oti�e
immediately upon its adoption.
PASSED AND ADOPTEDthis 5
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XAVIER SUAREf, MAYOR,
ATTEST:
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at' MATTY ' 1, CITY .0 RK
CAPITAL IMPROVEMENT APPROVALS
EDUARDO<RODRI EZ
CAPITAL IMPRO._:EMENTS MANAGER
PREPARED AND'APPROVED BY:
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CHRISTOP_ ER F . ,, KII Z
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS
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:.:;CITY ATTORN _
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GItY OP MIAMI, FL600A'
INTMOFFIM MEMORANDUM
H6norablo Mayor and Members WE : November 22 f 1991 ME
of the City Commission
SU�lSOt Request for settlement
Authority
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01 inn nee, ixi REFERENCES : COSAD Construction Corp.
tit y At o ney vs. City of Miami i
ENCLOSURES: Case No. 98-35246 CA 13.
City Commission Agendg
It is respectfully requested that the City Commission - `-
approve,the attached Resolution authorizing settlement with COBAD k
Construction Corporation regarding a lawsuit involving the
construction of the south District Police Substation.
COBAD Construction Corporation ("COBAD") was awarded the
contract to -construct the South. District Police Substation,
Project No. B-3219-B. Bids were received in March of 1988 and
the contract was awarded in July of 1988. The contract was
signed on September 19, 1988 but construction did not commence
until December of 1988 due to unforeseen soil conditions on' the
property. < The contract amount was $2,129,322.00. COBAD was to
complete the project within three hundred (300) calendar days'
from the notice to proceed.
During the course of construction, various disputes arose:`
In the beginning, a dispute arose concerning material price
increases because of the long period of time between bid and
contract (March to September). Further soil contamination and.
sub -base deficiencies were discovered and the City agreed to pay
COBAD for twenty (20) days of delay regarding these issues.
Other delays throughout the course of the project included:
various delays regarding the permitting process.. shop drawing
turn around time, soil compaction problems, lack of an FDOT
permit for off -site work, and indecision regarding the type of
flooring to be used in the building in order to save costs. The
project was not substantially complete until approximately
February`1990.
COBADpresented a Request for Equitable Adjustment to the
Department of Public Works alleging that, because of delays
caused by the City, their costs, and the costs of various
subcontractors increased and they were entitled to.an increase in
thelcontract amount. Because no resolution of this request was
accomplished, COBAD filed suit against the City alleging that the
City breached the contract with COBAD by: delayingcommencement,..,
of construction, the contract documents failed to .include
sufficient information to construct the project, the City -failed'
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