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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15847 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS AGAINST RECREATIONAL DESIGN & CONSTRUCTION, INC., A FLORIDA PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("RDC"), INCLUDING, BUT NOT LIMITED TO, ISSUANCE OF A NOTICE OF DEFAULT, TERMINATION, LITIGATION, AND ANY OTHER ADMINISTRATIVE ACTIONS UNDER THE CITY OF MIAMI'S PROCUREMENT ORDINANCE AVAILABLE AGAINST CONTRACTORS WHICH ARE IN DEROGATION OF THEIR CONTRACT DOCUMENTS AND APPLICABLE LAWS, AS MAY BE DEEMED NECESSARY, REGARDING THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS' INVITATION TO BID CONTRACT NO. 20-21-001 FOR THE PROVISION OF CONSTRUCTION SERVICES ("SERVICES") FOR SHENANDOAH SWIMMING POOL RENOVATION PROJECT NO. B-40563 ("PROJECT") DUE TO RDC'S REPEATED FAILURE TO TIMELY COMPLETE THE SERVICES FOR SAID PROJECT. City of Miami Legislation Resolution Enactment Number: R-24-0140 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15847 Final Action Date:4/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS AGAINST RECREATIONAL DESIGN & CONSTRUCTION, INC., A FLORIDA PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("RDC"), INCLUDING, BUT NOT LIMITED TO, ISSUANCE OF A NOTICE OF DEFAULT, TERMINATION, LITIGATION, AND ANY OTHER ADMINISTRATIVE ACTIONS UNDER THE CITY OF MIAMI'S PROCUREMENT ORDINANCE AVAILABLE AGAINST CONTRACTORS WHICH ARE IN DEROGATION OF THEIR CONTRACT DOCUMENTS AND APPLICABLE LAWS, AS MAY BE DEEMED NECESSARY, REGARDING THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS' INVITATION TO BID CONTRACT NO. 20-21-001 FOR THE PROVISION OF CONSTRUCTION SERVICES ("SERVICES") FOR SHENANDOAH SWIMMING POOL RENOVATION PROJECT NO. B-40563 ("PROJECT") DUE TO RDC'S REPEATED FAILURE TO TIMELY COMPLETE THE SERVICES FOR SAID PROJECT. WHEREAS, on October 16, 2020, the City of Miami ("City") issued Invitation to Bid ("ITB") No. 20-21-001 for the provision of construction services ("Services") for Shenandoah Swimming Pool Renovation Project No. B-40563 ("Project") and the proposal submittal from Recreational Design & Construction, Inc., a Florida profit corporation registered to conduct business in Florida ("RDC"), was selected as the most lowest, responsive bidder to provide the Services; and WHEREAS, on June 22, 2022, the City's Office of Capital Improvements ("OCI") and sent a Non -Conformance Notice regarding various non-performance issues with the pending completion of the Services for the Project as summarized in the City's letter to RDC, attached and incorporated as Exhibit "A", and further referenced in the City's letter to RDC dated July 9, 2023, attached and incorporated as Exhibit "B"; and WHEREAS, RDC responded in a letter dated June 29, 2022, attached and incorporated as Exhibit "C" ("Response"), claiming unforeseen delays including severe weather, permitting issues, material delays due to the pandemic, and challenges with the submittal process; and WHEREAS, in its Response, RDC outlined efforts and adjustments to the Project schedule, which proposed Final Completion would be achieved by January 19, 2023; and WHEREAS, despite RDC's proposed adjustments, RDC has failed to achieve Final Completion on the Project; and WHEREAS, the City has requested RDC provide a recovery schedule for the plaza, fitness area, pool building, and basketball court aspects of the Project, which has gone unanswered to date; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager and the City Attorney are directed and authorized' to take any and all actions against RDC, including, but not limited to, issuance of a notice of default, termination, litigation, and any administrative actions under the City's Procurement Ordinance available against contractors who are in derogation of its contract documents and applicable laws, as may be deemed necessary, regarding OCI ITB Contract No. 20-21-001 for the provision of the Services for the Project due to the repeated failure to timely complete the Services for the Project. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.