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Home My WebLink AboutR-90-0270D J-90--237) 3/23,/90 RESOLUTION NO. A RESOLUTION RATIFYING AND CONFIRMING THE ACTIONS OF THE CITY MANAGER WHICH STOPPED PAYMENTS TO THE FIRM OF BUILD -ALL CONSTRUCTION, CORP., FOR EDISON DECORATIVE SIDEWALK IMPROVEMENT PROJECT PHASE I; RESCINDING THE CONTRACT AWARDED TO SAID FIRM BY RESOLUTION NO. 89-365 IN CONNECTION WITH SAID PROJECT. WHEREAS, sealed bids were received and a contract was awarded to Build -All Construction, Corp., in the amount of $65,975.00 for construction of said project, by Resolution No. 89-365, dated April 13, 1989; and WHEREAS, subsequent to the award of a contract, Build -All Construction, Corp., has repeatedly failed in its ability to fully perform in compliance with City requirements; and WHEREAS, the City has notified Build --All Construction, Corp., that this failure to perform the work as specified in the - contract may result in the cancellation of the same; and WHEREAS, the contractor is over ninety (90) days late in the delivery to the City of a completed project, has physically abandoned the project, and has failed to notify the City as to his intentions regarding said project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The actions of the City Manager which stopped all further payments to Build -All Construction, Corp., and which seek to satisfy claims received by the City on behalf of subcontractors associated with this project, are hereby ratified and confirmed. Section 2. The contract between the City of Miami and Build -All Construction, Corp., dated June 14, 1989, in the amount of $65,975.00 for Edison Decorative Sidewalk Improvement project Phase I, authorized by Resolution. No. 89-365 dated April 13, 1989, is hereby rescinded. CITY COMMISSION MEETING OF APR 12 1990 SOLUTION 0.0-0270 Sect i )n i. This RoF ;f)lution shal 1_ h,-rnmP- '-'ffPctive immediately upon its adoption. PASSED AND ADOPTED this 12th day of April , 1990. AVIER L. S REZ, MAYO ATTES MATTY HIRAI, CITY CLERK SUBMITTED BY: "JaUIS ETO--PORTAR, PhD, PE DIRECTOR OF PUBLIC WORKS LEGISLATIVE REVIEW: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r �JO GE . FE .NANDEZ C I Y ATTOR EY GMM/ra/M1415 90-0270 U W CITY OF MIAMI, FLORIDA _ INTER -OFFICE MEMORANDUM CA=15" To Honorable Mayor and Members DATE -��- jg90 FILP-4535 of the City Commission ' SUBJECT Edison Decorative Sidewalk - Build -All Const. Corp. )" C e s a r H. O d l REFERENCES City Manager Resolution Rescinding Contract ENCLOSURES RECOMMENDATION: It is respectfully recommended that the attached resolution be adopted, ratifyiny the actions of the City Manager which stopped payments to the contractor and seek to sati sty claims submitted by subcontractors on the project against build -All Construction, Co.; rescinds a construction contract dated June 14, 1989, to Build -All Construction, Co., in the amount of $65.975.00, for the Edison Decorative Sidewalk Improvement Project Ph. I,I and bars Build -Ail Construction, Co. from future biddings of the City of Miami tor a period of no less than three (3) years. BACKGROUND: The Department of Public Works has determined that the contractor on the above reterenced project has abandoned the work and is in default of his contract. This determination was reached because the subject contractor has failed to complete the work on time, and in fact is over ninety (9U) days behind schedule; the contractor has failed to contact the City regarding this project despite repeated attempts by the city to locate hfin , the contractor has failed to obtain adequate releases of lien from his subcontractors for work performed by these subcontractors on the project. A contract was signed with Build -All Construction, Co., on June 14, 1989, for the construction of the decorative sidewalk along NW 7 Avenue at NW 62 Street. The contractor began work in early September and was scheduled to be tinished by November 15, 1989. We have experienced countless problems with this contractor, the major one being his frequent abandonment of the site for days, and sometimes weeks at a time. The tirm has abandoned the site, without fulfilling its obligations both to the City, and to its subcontractors. We have received claims from unpaid subcontractors in the total amount of $31.666.06 so far. The City must step in at this point and try to satisfy their claims as best as possible with the funds remaininy in the account. In addition, certain unresolved items pertaining to the work must be completed to avoid further inconvenience to area merchants. Honorable Mayor and Members of the City Commission Page 2 It is now in order for the City Commission to adopt the attached resolution rat it'ying the actions of the City Manager which stopped all further payments to the contractor on this project. This is being recommended so that the City may directly attempt to satisfy the claims of nonpayment presented by the subcontractors on this project; if this process is undertaken, the City will secure final releases of lien from said subcontractors upon the making of appropriate payments. Additionally, this resolution rescinds the existing contract with Build - All Construction, Co. for the project entitled Edison Decorative Sidewalk Improvement Project Ph. I, and prohibits this contractor from submitting bids or participating in the bidding process in future City of Miami projects for a period of no less than three (3) years after adoption hereof. Resolution attached LAN CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM aff - honorable Mayor and Members DATE ,aPQ '� tn�� ; _'3-4535 ,,,t the City Commission SUBJECT Edison Decorative Sidewcilk Improvement Projiect PE=EHENCESS t a t u S ot tv o r k p Cesar N. Udi,�y City Manager �`; L' Er,cLosuaEs A contract was signed with Build -All Construction, Co., on June 14, 1989, for the construction of the decorative sidewalk along NW % Avenue at NW 62 Street. The contractor beyan work in early September and was scheduled to be finished by November 15, 1989. We have experienced countless problems with this contractor, the major one being hi s treyuent abandonment of the site fur days, and sometimes weeks at a time. I t is now over 90 days past the expected completion date, and the contractor has not fi nished al I the work For al l intents and purposes, the firm has abandoned the site. without fultiiliny their obligations both to the City, and to ir_s subcontractors. We have received claims from unpaid subcontracturs in the total amount of $31.666.06 so tar. Although the City has no contractual obIiyation with these rirms, it is apparent that we must step in at this point and try to s a t i s t y their claims as best as possible with the tunas remaining in the account. In addition, certain unresolved items pertaininy to the work must be completed to avoid turther inconvenience to area merchants. The administration will be submitting legislation for the next available Commission meeting rat ifyiny the actions of thr City Mandger in suspending further payments to the contractor and nullifying the contract. The purpose (if this Iiemorandum is to alert the City Commission about the present status of the project. 90-0270 1 ram, '.cCC/ Mr. Patrick Wong, President Build -All Construction, Inc. 10742 SW 165 Terrace Miami, Florida 33157 Re: Edison Decorative Sidewalk Improvement - Ph I B-4535 Dear Mr. Wong: The City of Miami entered into a contract with your firm on June 14, 1989, for certain work to be known as Edison Decorative Sidewalk Improvement - Phase I. Said improvements were to be completed on or before November 15, 1989, at a total cost not to exceed $65,975.00. It is now 98 days beyond the specified completion time. The work is not finished, and you have abandoned the site. The Department of Public Works has received claims from your subcontractors totaling $31,666.06 in unpaid invoices. You are hereby notified that the City of Miami will cease all payments to your firm immediately for failure to complete the work on time, and for discontinuing the prosecution of the work. I will recommend to the City Commission that the existing contract with your firm be abrogated, and that you and, your firm be barred from future biddings. Sincerely, Cesar H. Odio City Manager ENP/emp cc: Jorge L. Fernandez, City Attorney Luis A. Prieto-Portar, Director of Public Works Frank Castaneda, Director of Community Development Dewey Knight III, Director of TEDC Adrienne Macbeth, Director of Minority Procurement bc: Highways Design Contract B-4535 Construction B-4535 9 z?'O