HomeMy WebLinkAboutR-83-0654J-a3-564
RESOLG2 ION NO. cl� I
A RLSOLUTION ACCEPTING AMD RATIFYING THL
FINDINGS OF THE CITY MANAGER AND ThE DIRECTOR
OF THE, DEPART?IENT OF PUBLIC VNOkKS THAT
RIC-NiAN CONSTRUCTION CORPORATION FAILED TO
EXECUTE THE CONTRACT AV•ARDEC IN THE AN'OUN,r OF
y,988,143.05, FOR KINLOCH SANITARY SLWER
IMPROVEMENT IN THE KINLOCH SAiiNI'.IARY SEWER
IMPROVEMENT DISTRICT SR-5485 - C&S (CENTER
LINE AND SIZE LINT; SEDERS) AND THEREBY
FORFEITED ITS BID SECURITY; FURTHER AUTHORI-
'LING THE CITY ATTORNEY TO TAKE THE NECESSARY
LEGAL ACTION ICJ ORDER TO RECOVER ALL OR PART
OF THE BID SECURITY SUBMITTED RY FIC-MAN
CONSTRUCTION CORPORATION, AS REQUIRED, TO
COVER THE; CITY'S COSTS RESULTING FRO"I SUCH
FAILURE: ON THE PART OF RIC-MAN CONSTRUCTION
CORPORATION.
WHEREAS, sealed biLls 4iere received on March 18, 1983 for
Kinloch Sanitary Sewer Tmprovement in the kinloch Sanitary Sewer
Ii:iprovewent District, SR-5,.85 - C&S (Center line and side line
sewers); and
WHEEREAS, Ric -man Construction Corporation submitted the
lowest responsible bid in the amount of $988,143.05 Eor the
alternate biro of the proposal; and
WHEREAS, the City Manager and the Director of the Department
of Public Works finds that after having been duly notified of the
award of the contract by Resolution No. 83-360 and after having
been duly presented with the contract documents for signature, ,
Ric -man Construction Corporation 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 Ric -man Construction Corporation 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 Ric -man Construction Corporation as
required to cover the City's costs resulting from such failure of
Ric -man Construction Corporation;
NOW, THEREFORE:, HE: IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA: CITY COMMISSION
MEETING OF
JUL 18 1983
RESOLU110N nu. 83-654!
r
'i
:section 1. The f_inainq of. the Department of Public
Works and the City i,anaoer that Pic -clan Construction Corporation
has failed to execute the contract documents in accordance with
the awarded biu for kinloch Sanitary Sewer Improvement in the
Kinloch Sanitary ,Sewer Improvement District SR-5485 - C&S (Center
Line and Side Line Sewers) in the amount of $988,143.05 and
thereby has forfeited its bid security to tine City, riot as a
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 action in order to recover all or part
of the hid security submitted by Ric -man Construction Corporation
as required to cover the City's costs resulting from such failure
on the part of Ric -man Construction Corporation.
PASSED AND ADOPTEM, this 18th day of July ,
1983.
ATTEST:
Z_RAL�FH G. ONGIE
CITY CLERK
PREPARED AND APPROVED, BY:
R(BERT F . C LARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Z A4V We, _zs
he UAht_1A_
ATTORNEY
BB/wpc/ab/079
Maurice A. Ferre
M A Y 0 R.
2
83-6544
t
1 -4
Honorable Mayor ana Members of
the City Commission
Jose R. Garcia -Pedrosa
City Attorney
July 16, 1983
Item #67, City Commission
Meeting Agenda--7/18/83
Bid Default
The successful bidder on the Kinloch Sanitary Improvement
Project failed to execute the contract documents and the passage
of the attached proposed resolution will properly protect the
City's interest. It should be substituted for the draft
ordinance distributed earlier in your agenda pocket and we are
calling the matter to your attention for your favorable consider-
ation.
The City Clerk is receiving the original resolution.
RFC/JGP/pb/023
cc: City Manager
City Clerk
F3--6 54t
67
CITY OF MIAM1, FLORIDA
INTER-OFFiEE-'MEMO.RANOUM
71
TO. Howard V . Gary y 4r y , DATE: 3 June 27, 1983
City :tanager FILE: B-5485
SUBJECT. KINLOCH SANITARY SEWER
IMPROVEMENT - Resolution
T7 Rescinding Award of Contract
YY
FROM: Donald W. Cather REFERENCES:
Directublic Works
ENCLOSURES: (For Commission Meeting of
Julv 18. 1983)
The Department of Public Works recommends the
adoption of the attached resolution rescinding
Resolution No. 83-360, which authorized the
City Manager to execute a contract with Ric -man
Construction Corporation in the amount of
$988,143.05 for the construction of Kinloch
Sanitary Sewer Improvements; and authorizing
the City Manager to expropriate all or part of
the bid security posted for Ric -man Construction
Corporation, as required to cover the City's
cost in readvertising and rebidding the project.
Bids were received on the Kinloch Sanitary Sewer Improvement project
on March 18, 1983, and the low bidder was Ric -man Construction
Corporation, with a bid in the amount of $988,143.05. The City
Manager was authorized to execute a contract with Ric -man Construc-
tion Corporation by Resolution No. 83-360, adopted April 28, 1983
by the City Commission.
The contractor was subsequently notified in writing of passage of
the resolution and sent contract documents by certified mail to
execute. He failed to execute the documents within the time al-
located in the documents and has returned them to us.
The Law Department has furnished us with an opinion that we now
have the option of awarding a contract to the second low bidder on
the project, or readvertising and rebidding the work. The Public
Works Department has decided to take the option of readvertising
and rebidding the project. Bid security in the amount of 2k% of
his bid was posted by Ric -man Construction Corporation, and the
contractor forfeited his security when he failed to execute the
contract.
We are asking the City Commission to rescind the authorization for
the City Manager to execute a contract with Ric -man Construction
Corporation, and to authorize him to expropriate all or part of
the bid security posted by Ric -man Construction Corporation as
required to cover the City's cost for readvertising and rebidding
the work.
LEL:vh - Resolution Attached (Y7)
83-654