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HomeMy WebLinkAboutR-84-0073J-B3-1064 12/8183 rriD-5 RE: iOL Ill I ON NO. A R1=SOLUTION ACCEPTING AND RAT IF YING THE FINDINGS OF THE CITY MANAGER AND 111E DIRECTOR OF THE DEPARTMENT OF PUF31_I(' WORKS T H A 1 1'EST0NIT LANDSCAPING ANO -� NURSERY, INC. FAILED 10 1 XE=CUIE 1Hf: C1)NIRACT AWARDED IN THL AMOUNT 1)F $88, 360, FOR (1I1Y '4[1)E C 0 M M 0 N I I Y DEVELOPMENT TREE PLANTING - PHASE 1[[ AND THEREBY F 0 R F L I TED I TS 1111) SECUR I T Y ; FURTHER AUTHORIZING THE CI1Y ATTORNEY TO TAKE THE NECESSARY LEGAL AC T I ON IN ORDER TO RECOVER ALL OR PART OF 111E 1311) SECURITY 511BMITTE1) 13Y 11E5T0NII LANDSCAPING AND NURSERY, INC., AS REQUIRED, 10 COVER THE: CI TY'5 COSTS RESULTING FROM SUCH FAILURE ON THE PART 01' PESTONIT LANDSCAPING AND NURSERY, INC. WHEREAS, sealed bids were received November 14, 1983 for CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III; and WHEREAS, Pestonit Landscaping and Nursery, Inc. submitted the lowest responsible and responsive bid in the amount of $88,360; and WHEREAS, the City Manager and the Director of the Department of Public Works find that after having been duly notified of the award of the contract by Resolution No. 83-1067 and after having been duly presented with the contract documents for signature, Pestonit Landscaping and Nursery, Inc. failed to execute said documents in accordance with the awarded bid requirements; and WHEREAS, the City Manager and the Director of the Department of Public Works find that Pestonit Landscaping and Nursery, Inc. has forfeited its bid security, not as a penalty but as a measure of liquidated damages; and WHEREAS, the City Manager and the Director of the Department of Public Works recommend that the City take all or part of the bid security submitted by Pestonit Landscaping and Nursery, Inc.; r CITY COMMISSION MEETING OF J AN 199 1984 RESOLOI;:.,. -., tj —! 3- REMIARhS 0 • 10 1 ■— . NOW, THE13LFORE, BE 1 T RFSQI.VED RY THE C01AM155I1)N OF THE CITY OF MIAMI, FLORIDA: Section 1. The findings of the City itanager and the Director of the Department of Public Works that Pestoil it Landsraping and Nursery, Inc. has failed to execute the contract document s i n arrordance w i t h t he awarded hi d for CITY WIDE COMMUNITY DEVELOPMENT TREE- PLANTING - PHASE III in the amount of $88,3611 and thereby has forfeited its bid Security to the City, not as ij penalty but as a measure of liquidated damages, is hereby accepted and ratified. Section 2. The City Attorney is hereby authorized to take the necessary legal act ion in order to recover all or part of the bid security submitted by Pestonit Landscaping and Nursery, Inc., as required, to cover the City's cost r e s u I t i n q From such failure on the part of Pestonit Landscaping and Nursery, Inc. PASSED AND ADOPTED this 19 day of January , 1984. ATTEST: NGIE, CITY PREPARED AND APPROVED BY: A a�lu,a � DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: AITYTTORNEY -2- Maurice Y 84-'73. 0 .- .E 74 y Aw CITY OF MIAM1. PLORIOA INTER -OFFICE MEMORANDUM TO: Howard V. Gary DATE: November 22, 1983 snLE: B-4491 City Manager sua.JEr.: CITY WIDE C01OLNITY DEVELOPMENT TREE PLANTING - PHASE III - Resolution Rescinding Awarding PROM. Donald W. Cather REFEREHCFs;Resolution and Awarding to ector o�E p c .yorks Next Bidder 17"I s;HciosuwEs: 111 zr, (For Commission Meeting The Department of Public Works recommends rescinding Resolution. No. 83 -.1067 which authorized the City Manager to execute a contract with Pestonit Landscaping and Nursery, Inc. in the amount of$88,360 for CITY WIDE C0:'ILi11TY DEVELOPMENT TREE PLAY.r- ING - PHASE III; and further authorizes the City Manager to execute a contract with Recio and Associatas, Inc. in the amou^ of $120 , l3D for the same project. Bids were received November 14, 1.83 for planting approxi- mately 1,000 trees (supplied by City's ?a_k Department) in seven Community Development target areas. The sever. areas are Allapat tah, Buena Vista, Coconut Grove, Overtown, Bd1son Park, :yodel Ci_ies and Nyndwood. At the Commission meeting of .November 18, 1983, Resolution No. 83-1067 awarded contract to Pestcnit Landscaping and Nursery, Inc., the lowest responsible and responsive bidder, in the amount of $88 , 360. Pestonit Landscaping and Nursery, Inc. has refused to execute the contract doct:ment within the allowed time. It is new in order for the City Commission to adooc the attac ed =escluz_:.n whit rescinds Reso'_ut:cn :io. 33-1067 and .he z-.n=: ac_ ., Recio and sssccs , _ :c. , . e _.;Cries' amount of $120,135. Funds have been allocated under the Federal Community Development Block. Grant Funds for the estimated amount of the contract, for project expense, and for such items as advertising, testing laboratories, and postage. Twelve contractors picked up plans and specifications; 5 contractors submitted bids, -ao of which were minority Hispanic contractors. The engineer's estimate -was $110,000. C mP : he Resolution attached 84-'73. CITY WIDE COMUNITY DEVELOPI,1ENT TREE PLANTING - PEASE III JOB NO. B-4491 CONTRACTOR'S FACT SKEET I. Recio and Associates, inc. 96Z0 S. W. 79 Street M.ami, Florida 33173 Phone: 279-5683 II. Principals: Ricardo Recio, President Adna Recio, Secretary III. Contractor is nrocerly licensed and insured. iv. Subcontractors: zone required at this time. V. Experience: 11 years VI. A minority contractor VII. 17 advertisements mailed out by certi�ied mall 64 advertisements mailed out by regular mail 12 contractors picked up olans and specirications 5 contractors submitted bids November 22, 1983 84-'73.