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RESOLUTION NO._
A RESOLUTION TAKING TEE WORK ENTITLED FLAGLER
STREET HIGHWAY Il'4PROVEMENT H-4372 AND FLAGLER
STREET HIGHWAY IMPROVEMENT EXTENTION E-4391
OUT OF THE HANDS OF THE CONTRAGTOR C. A. DAVIS,
C., AND AUTHORIZING AND DIRECTINO, THE CITY
NAGER TO ADVERTISE FOR HID'OR THE AWARD
' A CONTRACT BY THE CITY COI,:MTSSION TO ANOTHER
NTRACTOR FOR TEE COlvtLFTION OF THE WORK.
WHEREAS, the Ferformand by C. A. Davis of its contract
entitled Flacler Street Eihway iml-rover(,ent fl-4372 and Flaler
Street E7'whway Impruvement Extentlan li-391 has been unsatiSfactory
as evidenced by the attached certiricate; and
WHEREAS, :((:.!%Irti i'!!' the General Conditin of the
abve described contract prvtdes that the City Commission shall,
up:.:,n written rrc)
en!neer, recitin the facts
thei :satisfactry have full power
and authority t tjlke the pron.it.en of the work out of the hands
-1tr all n.atel'i 731F,
and uipment )n the Y.In.ds, as may!,; rnlitahl and acceptable, to
an af7reement wi.h h-i YrP the completion
of the wpk, p to use such other mithod, L,s shall be required
fop the cmpletion of the work in an acceptable manner; and
WHEREAS, Order of Court dated the 2nd of February 1978,
in the consolidated cases entitled Central Tile, Inc , v.
L. A. Davis, Inc., and C. A. Davis v. City of Miami, the City or
was Tiven the r10ht to excavate, make safe or in any manner
repair or control the sidewals whin are the sect of the contract
between the City and C. A. Davis;
NOW, THEREFORE, BE IT RESOLVED BY THF COMMISSION OF THE
'DOCUMENT JNDEX
CITY OF MIAMI, FLORIDA:
ITEM NO. 11
1. The work which is the subject of7th
,
between the City of Miam... and
reit' Flapler Street Hihway mprovement E-4372 and
tIer H1;,nway improvement Ex1JH-cti,...n -47=,91, Is h(-•reby
of 1
CITY COMMISSION
MEETING OF
FEB2 3 1978
7 ft. 1 2
.UTON NO .
OW*
Oectlen 2, The City IanaJ7er is hereby authorized and
directed to adVertise for bids Cor the aboVe described work which
work may then be awarded to a contractor by the City Commission
pursuant to the provisions or 1.he City's Charter and Code,
PASSED An ADOFTED this
ATTE„;T:
PREPARED An AFFEOVED
t (-1/
('
APPROVED TO FOE.: An
6EORGE
CITY ATTOR:.
23td day of February 1978.
Maurice A. Ferre
AYOR
"S Up
DQCi
77vE
ti
rOLLOkV,,
78-123
C. TY IAiil. LC F,I0A
Joseph R. Grassie
City Manager
William E. Parkes) Director
Public Works Department
84872
ATE February 16) 1978 13,4391
Flagler Street Highway Ithprovetent
Flagler Street Highway Irriprovetnent Ext.
Report Prior to Anullment of Contract
C. A. Davis, Inc.) the contractor for the Flagler Street Highway
Improvement H-4372 and Flagler Street Highway Improvement
Extension H-4391 projects has initiated a law suit against the
City for breach of contract and ceased all work on the projects.
Section 6-10 of the General Conditions of the Specifications for
the Contract gives the City Commission the authority to anull
the contract in the event of the contractor's refusal to correct
unacceptable work or to abandon the project. Pursuant to that
Section, I am furnishing the necessary documents certifying
that the contractor has refused to make corrections to the
unacceptable Work. We have also requested the Law Department
to prepare a resolution for approval by the Commission at the
February 23, 1978 meeting to anull the contract. The Certificate
and a copy of the Resolution is attached.
This is a unit price contract in the amount of $536,237.50
including $245,700.50 in additive items to cover tile treatment
of the sidewalks, an irrigation system for the landscaped
planters and special traffic sign footings. Also included
was a $40,000.00 cash allowance for special items.
The last payment made to the contractor was in August, 1977.
At that time the contractor had completed 4315,917.31 cf the
contract work and our total payments to him amount to
$284,325.58. The contractor has requested additional payments
in the suit he has filed against the City.
It is the intention of this Department to initiate another
project, funded by the unused money from this project, to
complete the work.
UEP:LEL:ps
Construction
Contract
RTIVE
OCCUMENTS
CERTIFICATE
THIS CERTIFICATE, by William E. Parkes, Florida
Registered Professional Engineer Ho. 5120; Director of the
Department cf Public Works of the City of Miami, Florida, and
the Engineer for the "Flagler Street Highway Improvement
H-43 7 2 and Flagler Street Highway Improvement Extension H-4391"
projects, is made in accordance with the provisions of Section
6-10 of the General Conditions of the Specifications and Contract
Documents for the above mentioned project;
WITNESSETH
THAT, WHEREAS, C. A. Davis, Inc., a Florida Corporation,
was awarded a contract by the City of Miami for furnishing
all labor, material and equipment• necessary for the construction
of certain improvements on Flagler Street between Biscayne
Boulevard and a point west of West Second Avenue, all as noted
on the Plans and in the Specifications and Contract Documents
dated July 9, 1976 for "Flagler Street Highway Improvement
H-4372 and Flagler Street Highway Improvement Extension H-4391"
projects; and
WHEREAS, the contractor's surety for the project contract
is the Insurance Company of North America;
I:CW, THEREFORE, in accordance with the provisions of
Section G-10 of the General Conditions of the Contract Documents
of this project, I, William E. Parkes, certify;
1. That by a Certified letter dated December 21, 1977
I notified C. A. Davis, Inc. that his work on the project had
been unsatisfactorily performed for the following reasons;
a. The radial tile paver installed west of West First
Avenue by the contractor was unacceptable because of poor
workmanship of installation.
irl
L ' ! t! f ? ,
b. bead or undersized landscaping (trees and plants)
had not been replaced.
c. Concrete benches as required by the contract
had not been installed.
d. Prairie Film as required by the contract has
not been constructed.
e. Trees have net been guyed as required by the
specifications.
f. Repairs to broken concrete curb and gutter
have not been made.
g. Corrections have not been made to defective
concrete paver base.
h. Repairs of damage done to private property
have not been completed.
i. That he had discontinued prosecution of the work
and apparently had abandoned the projcct.
2. That by the same Certified letter C. A. Davis,. Inc.
was given 23 days after receipt of the letter to make corrections
to the above mentioned unsatisfactory work, and notified that
if he failed to correct the work that I would act pursuant to
Paragraph 6-10 of the Contract to have the City Cor.rnissicn
take the prosecution of the work out of his hands, to appropriate
or use any or all materials on the grounds as may be suitable
or acceptable and enter into an agreement with another contractor
for completion of the work in an acceptable manner.
3. That C. A. Davis, Inc. has failed to take any visible
action to correct the above mentioned unsatisfactory work and
to date said unsatisfactory conditions remain.
i �: t
Williazr. E. Parkes
Director, Dept. Public Works
City of Miami
Registered P. E. #5120
(SEAL)
SWORN TO A D SUBSCRIBED before me this day of February, 1978.
t.
Notary Public," State of Florida at Large
ICON POW STATE cr ITOMDA At LAN
MY COMIS4KQN PAM j* • ?a 1960
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