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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01415 Final Action Date:
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
COMPLETED, AND TO PROCEED WITH ACTION AGAINST THE CONTRACTOR'S,
PERFORMANCE AND PAYMENT BOND.
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 to comply resulted in the Department issuing a stop
work order; and
WHEREAS, the City Manager has determined that it is in the best interest of the City 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,
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 Page 1 of 2 File Id: 05-01415 (Version: 1) Printed On: 9/16/2024
File Number: 05-01415
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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 File Id: 05-01415 (Version: 1) Printed On: 9/16/2024