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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
File Number: 05-01415
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO TERMINATE THE CONTRACT WITH ONE CROW, INC., FOR
DEFAULT ON THE OVERTOWN STORMWATER PUMP STATION UPGRADES
PROJECT, B-50654 ("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 CLPERDFORMANOPROCEED WITH CE AND PAYMENT BOND.N AGAINST THE
CONTRATOR'S
WHEREAS, pursuant to Resolution No. 04-0351, adopted May 27, 2004, the City Commission
awarded a contract to One Crow, Inc. ("Contractor"), for the Overtown Stormwater Pump Station
Upgrades, Project, B-50654 ("Project); and
WHEREAS, the Contractor has repeatedly failed to comply with the requirements of its contract
with the City of Miami ("City"); and
WHEREAS, the Department of Capital Improvements & Transportation ("Department") has made
repeated attempts to have the Contractor comply with the requirements of the contract; and
WHEREAS, the Contractor's continued failure 10 comply resulted in the Department issuing a stop
work order; and
y to
WHEREAS, the City Manager has determined
for default and have that it is in the best interest of the tterminate
the contract with the 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,
hold the Contractor liable for the 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
Poge 1 of 2
Printed On: 11/29/2005
File Number 05-01415
APPROVED AS TO FORM AND CORRECTNESS:t'
JO. GE . FERNANDEZ
C T AT ORNEY
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 Milani Page 2 of 2
Primed On: 11/29/2005