HomeMy WebLinkAboutR-24-0140City of Miami
Resolution R-24-0140
Legislation
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.
SPONSOR(S): Commissioner Manolo Reyes
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
City of Miami Page 1 of 2 File ID: 15847 (Revision:) Printed On: 7/25/2025
File ID: 15847 Enactment Number: R-24-0140
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, ity ttor ey � 4/2/2024
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.
City of Miami Page 2 of 2 File ID: 15847 (Revision:) Printed on: 7/25/2025