HomeMy WebLinkAboutR-86-0252J-86-328
RESOLUTION NO. SG�-RZ2--
A RESOLUTION CANCELING THE LIQUIDATED
DAMAGES ASSESSED AGAINST MET CONSTRUCTION
INC. IN CONNECTION WITH THE CONSTRUCTION
OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI/
JAMES L. KNIGHT INTERNATIONAL CENTER -
ENTRANCE CANOPY BY RESOLUTION #84-1012
DATED SEPTEMBER 13, 1984; FURTHER
RATIFYING THE AGREEMENT REACHED BY THE
CITY MANAGER AND MET CONSTRUCTION INC.
THAT MET CONSTRUCTION INC. WILL NOT SEEK
REIMBURSEMENT FOR ANY LOSS, COSTS, OR
EXPENSES RELATED TO THE ORIGINAL
ASSESSMENT OF LIQUIDATED DAMAGES; FURTHER
AUTHORIZING THE PAYMENT OF $9 ,500 TO MET
CONSTRUCTION INC. AS REIMBURSEMENT OF THE
AFORESAID LIQUIDATED DAMAGES.
WHEREAS, the City Commission passed Resolution #84-1012
in September 14, 1984 whicn accepted the completed work of
MET Construction Inc. at a total cost of $97,649 for the
City of Miami/University of Miami/James L. Knight
International Center - Entrance Canopy and assessed $9,500
as liquidated damages and authorized final payment of
$ 264 .90 ; and
WHEREAS, after the Commission action MET Construction
Inc. complained to the Public Works Department that no
liquidated damages should have been assessed and that it had
not been properly notified of the department's
recommendation of assessment of $9,500 in liquidated damages
and thus had not had the opportunity to appear before the
City Commission and protest the assessment of the liquidated
damages; and
CITY COMMISSION
MEETING OF
APR I
ION No.
WHEREAS, the Director of the Department of Public Works
and the City Manager have met with representatives of MET
Construction Inc. concerning the claim that no liquidated
damages should have been assessed; and
WHEREAS, an agreement has been reached between MET
Construction Inc. and the City administration whereby the
liquidated damages assessed against MET Construction Inc. in
connection with the City of Miami/University of M iami/James
L. Knight International Center - Entrance Canopy Project
will be canceled; further that MET Construction Inc. will
not seek reimbursement from the City for any loss, costs, or
expenses they may have had related to the original
assessment of liquidated damages against them
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA,
Section 1. Tne liquidated damages assessed against MET
Construction Inc. for the City of Miami/University of
Miami/James L. Knight International Center - Entrance Canopy
by Resolution #84-1012 are hereby canceled.
Section 2. That the agreement between the City Manager
and MET Construction Inc. whereby MET Construction Inc. will
not seek reimbursement from the City for any loss, costs, or
expenses they may have had related to the' original
assessment of liquidated damages is hereby ratified.
Section 30 That the proper officials of the City of
Miami are hereby authorized to pay MET Construction Inc. the
sum of $99500. as reimbursement of liquidated damages
assessed by Resolution No. 84-102 but canceled by Section 1
of -this Resolution.
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PASSED AND ADOPTED this
19866
ATTEST:
Ag�� ==== -
MAnY IRAI, CITY CLERK
PREPARED AND APPROVED BY:
1
ROBERr,7Q C ARK
CHIEF DEPUTY CITY ATTORNEY
APPROV
10th day of APRIL ,
TO FORM AND CORRECTNESS:
CITY ATTORNEY
XAVIER L. S AREZ
M A Y 0 R
0
CITY OR MIAMI. IrLOMtIbA
INTgn.01rF1Ct MiMONANCIUM
*Os Honorable Mayor and,
Members of the City
Commission
F"Mt Cesar H. Odic,
City Manager
me. 6- 314 8 - Y- 1
DA� FEB 61986 -
lsubiltar: CITY OF MIAMI/UNIVERSITY. OF MIAMI
JAMES L. KNIGHT INTERNATIONAL
CENTER - ENTRANCE CANOPY
ftwaxcNe esolution for Revision of
liquidated Damages
CNCLOSUR943For Commission Meeting
of February 13, 1986)
It is recommended that a resolution be adopted
canceling the liquidated damages assessed against
'MET Construction Inc. in connection with the
construction of the City of Miami/University of
Miami/James L. Knight International Center -
Entrance Canopy by Resolution #84-1012 dated
September 13, 1984; further ratifying the
agreement reached between the City Manager.and MET
Construction Inc. that MET Construction Inc. will
not seek reimbursement of any loss, costs, or
expenses, related to the original assessment of
liquidated damages; further authorizing the
payment of $9,500 to MET Construction Inc. as
reimbursement of the aforesaid liquidated damages.
On September 149 1984 the City Commission adopted Resolution #84-
1012 Which accepted, the completed work of MET Construction Inc.
at a total cost of $979649 for the City of•Miami/University of
Miami/James L. Knight International' Center - Entrance Canopy and
on the recommendation of the Public Works Department assessed
$9,500 as liquidated damages. After the resolution had been
passed, MET Construction Inc. complained to the Public Works
Department that it -had not been properly notified of that
department's intention to recommend the assessment of $9,500
liquidated damages and thus had not had the opportunity to appear
before the Commission and protest -the assessment of the damages.
The contractor vehemently denied that the assessment of any
liquidated damages Was warranted. Since September 1984 up to the
present time, the Public Works Department has been in
negotiations with him trying to reach an agreement on a fair
assessment of liquidated damages.
86 "252-
Finally, this office's assistance was requested to resolve the
matter and recently held meetings between MET Construction Inc.,
the Public Works Department and myself and agreement was reached
whereby the liquidated damages assessed against MET Construction
Inc. would be canceled and that MET Construction Inc. would not
seek any reimbursement for any loss, costs or expenses they may
have had related to the original assessment of liquidated
damages..
The Public Works Department concurs with my conclusion that the
proposed settlement is fair and reasonable and recommends the
adoption of the resolution.
DWC:LEL:mw
Resolution Attached
cc: Albert Ruder
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