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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl,us
File Number: 05-01413 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO TERMINATE THE CONTRACT WITH AUGUST CONSTRUCTION
COMPANY, INC., FOR DEFAULT ON THE RIVERVIEW STORMWATER PUMP
STATION UPGRADES PROJECT, B-50650 ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO OBTAIN PRICING FOR COMPLETION
OF THE WORK, TO HOLD SAID CONTRACTOR LIABLE FOR THE COSTS
INCURRED IN HAVING THE PROJECT COMPLETED, AND TO PROCEED WITH
ACTION AGAINST SAID CONTRACTOR'S, PERFORMANCE AND PAYMENT
BOND.
WHEREAS, pursuant to Resolution No. 04-0257, adopted April 22, 2004, the City Commission
awarded a contract to August Construction Company, Inc. ("Contractor"), for the Riverview Stormwater
Pump Station Upgrades Project, B-50650 ("Project"); and
WHEREAS, the Contractor stopped work on the Project in August, 2005; and
_WHEREAS, the Contractor has failed to submit a recovery action plan or provide any information to
complete the Project; and
WHEREAS, the City Manager has determined that it is in the best interest of the City of Miami to
terminate the contract with the Contractor for default and have another contractor complete the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by
reference and incorporated as if fully set forth in this section.
Section 2. The City Manager is authorized {1} to terminate the contract with the Contractor, for
default on the Project.
Section 3. The City Manager is further authorized{1} to obtain pricing for completion of the work, to
hold the Contractor liable for any additional costs incurred in having the Project completed, and to
proceed with action against the Contractor's performance and payment bond.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor,{2}
City of Miami Page I of 2 Printed On: 11/29/2005
File Number: 05-01413
APPROVED AS TO FORM AND CORRECTNESS:/
JORGE L FE'NANDEZ
CITY ATTICR EY
Footnotes :
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 11/29/2005