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Home My WebLink AboutR-80-0053directed that in escrow < UPPORTIVE FQLLOVds� September >?8, 1977 between the City Mendez, Inc.' and WHEREAS, the contract Orlando Mendez, Inc. and the. Fidelity Company of Maryland, the contractor's and`:. RESOLUTION NO 8 0 - 5 3 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ORLANDO MENDEZ, INC._ AND THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND AT A TOTAL COST OF $3,49°,191.91 FOR DINNER KEY RECREATION CENTER/EXHIBITION HALL; AUTHORIZING FINAL PAYMENT JOINTLY TO ORLANDO MENDEZ, INC. AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND IN THE AMOUNT OF $162,158.91; AND STIPULATING THAT $87,807.62 OF THE FINAL PAYMENT BE HELD IN ESCROW AS DIRECTED BY THE U. S. DEPARTMENT OF COMMERCE PENDING RESOLUTION OF CLAIMS BECAUSE OF ALLEGED DAVIS-BACON ACT RELA- TED VIOLATIONS WHEREAS, there exists a contract dated f Miami and Orlando has been Completed`by and Deposit bonding company; WHEREAS, the Fidelity -and Deposit Company of Maryland has executed an agreement indemnifying the City ofMiami against all claims for labor and' material in connection with the WHEREAS, agreement; and work; and the City Attorney has WHEREAS, the City Manager and of Public Works recommend that the accepted and final payment be made contractor and the bonding company; approved the the Departmen completed work be Jointly tglibe OCUM,E1d ITEM NO._ "WHEREAS; the U. S.:,Department of Commerce has of the final payment be held $87,807.62 and pending resolution of claims NDEX because of alleged Davis -Bacon Act Related violations during construction; ►, CITY COMMISSION MEETING OF J A N 2 4 398O TUITION 110.,8. �...�.......`� 1 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The completed work Performed by. Orlando Mendez, Inc. and the Fidelity and Deposit Company of MarYland for the DINNER KEY RECREATION CENTER/ EXHIBITION. CENTER at a total cost of $3,1490,]-91.91 is hereby approved. Section. 2. The proper officialisoionftltyhe$ iCit,Y of Miami are Fidelity and hereby authorized to pay 62 158.91 to orlando Me'nclez, Inc. and owfi t Maryland art performedYh e DINNER and all KEY materials RECREATION furnished CENTER/EXHIBITION jnDepositconneworkctiCoHALL.Company, In theI a n: Section 3 land as full and final payment for alln 3. The amountof $87,807•62 from final payment is to be held in esorow as directed by the U. S. Department of Commerce. ,$ PASSED AND ADOPTED this 24 day of -fidiTARy 1980. PREPARED AND APPROVED BY: City 14A1JRICE A. FERRE M A Y Ft Pr-)0R7-1VE 1).C)COPET\ITSFOLLOW ....: 2 8 0 - 5 3 as Joseph R. Grassie City Manager Donald W. Cather D'rector of Pub orks • /7 January 11, 1980 B-3181-B DINNER KEY RECREATION CENTER/ EXHIBITION. HALL'.--. Resolution for -Final Payment (For Commission Meeting of January'.24 19.80) The City Manager and the`Department of Public. Works. recommend the adoption of the resolution' accepting'the completed work performed by' Orlando Mendez, Inc. and the Fidelity and Deposit -Company of Maryland.for DINNER KEY' RECREATION CENTER/EXHIBITION HALL; authorizing' final'payment jointly to Orlando: Mendez, Inc., and Fidelity and Deposit Company of Maryland,... in'theeamount of $162,158.91; and stipulating that $87,807.62 of the .final payment be held in "escrow. Fidelity and Deposit Company of Maryland, the bonding company for the contractor, Orlando Mendez, Inc., and Orlando Mendez, Inc., have completed the project consisting''of the complete renovation of the Dinner Key Auditorium.- IThe: actual con- struction cost is greater than' the' contract`. amount' by $185,391.91 because of additional. work' authorized by Resolution No. 78-507 dated July 2, 1978. The actual con. struction cost is, therefore, $3,490,191.91 The U.,S. Department of Commerce has directed that $87;,807.62`. Hof the final payment be held in escrow;' pending resolution of claims because of alleged Davis -Bacon Related Act violations during construction. JAH:hc SJ " 1 : j T�./� r^� tbF� AF t L-/ i 1 i� S FOLLOW" FINAL CONSTRUCTION FACT SHEET FOR THE CITY: MANAGER JOB NAME Dinner Key Recreation Center/Exposition CONTRACTOR Orlando Mendez, JOB SCOPE Renovation of the:. Dinner Key Auditorium REASON FOR WORK To provide a modern facility SOURCE OF FUNDS EDA GRANT PROJECT Bids, Received: 8/26/77 HISTORY Contract Awarded ;;_ 9/8/77 -~ "Preconstruction Meeting: 9/14/77 CONTRACT TIME STARTED 9/ .8/77 Hall'B-3181-B CONTRACT TIME 365 Calendar Days plus 38 additional C.D. for delays caused by changes SCHEDULED COMPLETION DATE 10/25/78 ACTUAL COMPLETION DATE 10/25/78 Note: BID AMOUNT CONTRACT FINAL COST • CURRENT ITEM 1 FOR' :CONSIDERATION $�:3;304,800.00 $:3,490, 91.91 Date on which the City took beneficial • occupancy of the hall. Resolution, to accept the completed > work and authorize final payment to the contractor and the bonding company. "SUPPORTIVE DOCUMENTS ACRElit',1ENT TIIIS AGREEI,IENT niatle this day of , 1980, by and between the City of Miami, A Municipal. Corporation of the State of Florida; (hereinafter referred to as the "City") and Fidelity and Deposit Conlpany of 'lary Land larylancl corporation (hereinafter referred to as "surety"). ‘s11-IEREAS, by a Writing dated August 31 , 1977 , the City and Orlando Igeridez, Inc. (hereinafter called contractor) entered into a contract for the modification of a facility Commonly known as Dinner Key Recreation Center/Exhibition Hall the contents of which are hereby incorporated by reference herein; and VIIIEREAS, Fidelity and Deposit Conipany ofMaryland . . is the Surety on the performance Bond given in connection with the aforernentioned cont:ract; and, WHEREAS, the contractor was unable to perform the wcirk, required by Lite construction contract and as otherwise in default of certain of its obligations under said con-. strUCtiOn contract. and project and complete its work and to pay -all tirwaicl sub - WHEREAS, the Surety was called upon tounclertake thc contractors, laborers and materialmen; and WHEREAS all sub -contractors laborers and material - men, have submitted releases of liens and/or affidavits indicating that they have been paid, and SUPPORTIVE DOCUMENTS FOLLOW" 80-53 WHEREAS, the United States' a elpartment of Commerce has directed that the City wL.tliiunlLisl. payment pending determinatiOn of alleged viiolations of the Davis- Bacon :Related Act by the, contractor .aimed! his .uuh-contractors; hezeo, each fay ;Its1 t}OW 'fflE'RCFOh:r , the C1 irt.!t t lawfully autlioriz:•ecl representative and each i.n).:ealdinc to be bound, do agree as: fellows: 1. In consideration of Surety acknowledging its i .ion under the bonds to see to the payment of all sub ob1�at- contractors, laborers and materialmen who have furnished work to the projectdescribed herein above and who have not been paid therefore and who otherwise are entitled to such payment and to seethe completion of any remaining, " work required by the construction contract, the City hereby a;i:ees to pay to Surety' immediately upon execution of its A reement all undisputed contract balances owing to the g Contractor in connection with the contractor's work pursuant to the above referenced construction contract, said contract balances being the following: $7.4351 29 The City further agrees to hold $37,807.62 in escrow until notified by the United St• ates Department of Conunnerce of the amount of retainage we may release to the Surety. In consideration of the payment of the sum set` out above,' the Surety, hereby agrees to indemnify tile is an costs, expenses, fees City, hold the City harmless, l Y Y and awards or judgments which the City may incur or which 'mabe assessed or awarded agai.nst the City, Including legal y fees incurred, if any, as a result of any`. claim, suit 1. I 40C tition or proceeding tvh.t.ch may be brought aga.i.rtst: these funds directLy or arising out of the CI 18 b Ltrsenient of thc City of these funds, up to 1:11c amount of sa:i.c.1 performance bond heretofore execu Lcd. 3. This Agreement stiall extend to and bind all the parties thereto and their respective sLiccess°rs and assigns. IN WITNESS ‘NTI1EIZEOF, the parties hereto have caused this Agreement to be executedittitheiar nainethei rby duly t-.11oi-ized officers, all as oftidy e and yea': first alpove tar:i_tten. CITY A Municipal. Corporation ATTEST: CITY CLERK rr Arri.O.R111,•Y 13y lrIDIELITY AND DEPOSIT COMPANY OF 11ARYLANI , A 1,1aryland Corp. By: 14:1-: ;" " CS )(" 1,v! F 0 L. LOV\I" • — • . • • - • - •• •-• 8 0 - 5 3 Law and Ordinance Codification POST OFFICE BOX 2235 1700 CAPITAL CIRCLE S. W. TALLAHASSEE, FLORIDA 32304 TELEPHONE EPHONE (904) 576.3171 We are in receipt of the following be considered for inclusion in the your Code: Supplement No.` 1 - City of Miami, -Florida' Ord. Nos. '9067, 9069 and 9071 Sin ely, material which will next Supplement to eki;d Robert L. Laslie Vice President - Supplements Nation's Leading,' Law Publisher. Specializing in, Ordinance Codification Serving over 1,500 cities in 46 States