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Home My WebLink AboutR-76-0360SRS/rb 4/1/76 "SUPPORTIVE DOCUMENTS FOLLOW" RESOLUTION NO..:.,_ A RESOLUTION TAKING THE PROSECUTION OF THE WORT{ "ORANGE BOWL == WATER MAIN IMPROVEMENTS 1975 (2ND BIDDING) - JOB NO, B-2659" OUT OF THE HANDS OF MINORITY SYSTEMS, INC./ APPROPRI- ATING ANY AND ALL MATERIALS AT THE SITE, AUTHORIZING THE CITY MANAGER TO ARRANGE FOR THE SUPPLYING OF ACCEPTABLE MATERIALS AND THE COMPLETION OF THE WORT{ BY A CONTRACTOR AND/OR CITY FORCES AND AUTHORIZING ADVERTISING FOR SEALED BIDS. WHEREAS, there exists a contract dated August 7, 1975 with Minority Systems, Inc., a Florida Corporation, for "Orange Bowl - Water Main Improvements - 1975 - (2nd Bidding) - Job No. B-2659"; and WHEREAS, the Contract Documents for said job con- " 1 11Gti'T tain the following paragraphs: Q�C� �' h� `t "6-10 ANNULMENT OF CONTRACT BY CITY: If the tiU Contractor shall fail to begin the Work within the time specified, or shall fail to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of the Work within the pre- scribed time, or shall perform the Work unsat- isfactorily, or shall neglect or refuse to re- move materials or to perform anew such work as shall be reiected as defective and unsuitable, or shall discontinue the prosecution of the Work, or shall become insolvent or be declared a bankrupt, or shall commit any act of bank- ruptcy or insolvency, or shall make an assign- ment for the benefit of creditors, or from any other cause whatsoever, shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and to his surety of such delay, neglect or default, specifying the conditions pertaining thereto and directing the Contractor to correct same. If the Contractor shall not correct such conditions within a period of ten (10) calendar days after receipt of such notice, the City Commission shall, upon written certificate from the Engineer, reciting the facts of such delay, neglect or default, and the failure of the Contractor to comply with IrDEX CITY COMMISSION MEETING OF A►Pk - 194 100kOTION * M N* . ,,, .,.......,..,•,,,.a , "SUPPORT\V It‘ CMTS FOLLOW„ and the directions given in such notice, have full power and authority, without violating the Contract, to take the prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all materials and equipment on the grounds as may be suitable and acceptable, to enter into an agreement with another Contractor for the completion of the Work, or to use such other methods as, in the opinion of the City Commission, shall be required for the completion of the Work in an acceptable manner. All costs and charges incurred by the City Commission, together with the costs of com- pleting the Work under Contract, shall be deducted from any monies due or which may become due to the Contractor. In the event that the expense so incurred by the City Commission shall be less than the sum which would have been payable under the Contract, the Contractor and the surety shall be liable and shall pay the City the amount of such excess." WHEREAS, Minority Systems, Inc. has failed to complete the job with acceptable materials and with acceptable workmanship as required by the Contract Docu- ments and said failure has been documented and certified by Henry Garner Moon, Registered Professional Engineer No. 6002, Division Engineer of the Construction Division of the Department of Public Works of the City of Miami, Florida as Project Engineer for the aforesaid job; and WHEREAS, said Henry Garner Moon has furnished this Commission with a written certificate of such failure pur- suant to Section 6-10 of the aforesaid Contract Documents which certificate is dated March 15, 1976 and which states that a formal notice to Minority Systems, Inc. dated January 29, 1976, and received by said Company on Febru- ary 2, 1976, required said Company to proceed to complete the work with acceptable materials and in an acceptable manner Within ten days but said Company has eVidenced no action in the more than one month which has elapsed since receipt of said notice; NOW THEREFORE, SE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA! Section 1. Pursuant to Section 6-10 of the Contract Documents of the August 7, 1975 contract by and between the City of Miami and Minority Systems, Inc., a Florida Corporation for "Orange Bowl - Water Main Improve- ments - 1975 (2nd Bidding) Job No. B-2659" the City Com- mission does hereby, without violating said Contract, take the prosecution of the Work out of the hands of the Minority `LiP 1 `RlSiEtems, Inc.; that any and all materials and equipment on FOLLOWJh, grounds at the site of the Work be and they are hereby appropriated and may be used by the City or its designated Contractor for the completion of the Work. Section 2. The City Manager is hereby authorized and directed to take such steps as he may deem expedient and necessary to complete the Work with acceptable materials in an acceptable manner and to that end he is hereby authori- zed to advertise for sealed bids, to negotiate with suppliers and contractors and use City forces or any combination of these means as he may deem to be in the best interest of the City, pursuant to his authority under the charter. PASSED AND ADOP ST• H. D, SOUTHERN CITY CLERK D this 8 day of APRIL =-� MAURICE A. FERRE MAYOR PREPARED AND APPROVED BY: S . R. STEREENZ Asst. City Atty, APPROVED AS TO FOR* AND CORRECTNESS; HN S, LLOYD, City Att w elti9 OP MIAMI. F LoRIbA INTER-OPPICt MEMoRANbUM A.,: to. '. W. Andrews City Manager thou X 'dent E. pae tTpntt • i ,J hAtt APR 8 19? III B -2659 uitct Orange Bowl -Water Main Resolution Taking Work Out of /. Hands of Contractor srithm Jury works • R FERENCES: ENCLOSURES: ifnptoverent Minority Systems, Inc., the Contractor for furnishing all labor, materials, and equipment necessary to install certain water mains at the Orange Bowl Stadium of the City of Miami, has failed to carry on the work in accordance with Specifications and Contract Docu- ments for the project entitled "Orange Bowl - Water Main Improvements - 1975 - (2ND Bidding) - Job No. B-2659". The contract for this project was executed on August 7, 1975 and should have been completed November 4, 1975. In accordance with Section 6-10 of said contract, the City Commission has full power and authority without violating the contract to take the prosecution of the work out of the hands of the contractor and to enter into another agreement with another contractor for the completion of the work, or to use such other methods as in the opinion of the Commission shall be required for the completion of the work in an acceptable manner. The City has complied with all the legal provisions of the contract which pertained to taking the work away from the contractor, including the required Certificate from the Engineer, a copy of which is attached herewith. Therefore, it is now proper for the City to take the work away from the contractor and authorize the City Manager to take such steps as he may deem expedient and necessary to complete the work with acceptable material in an acceptable manner by either advertising for sealed bids, negotiation with supplier and contractor, or by use of City forces, or any combination of these means as he may deem to be in the best interest of the City. "SUPPORTIVE DOCUMENTS Page 1 of 2 FOLLOW" P. W. At,dtewts THE DEPARTMENT or PUBLIC WORKS RECOMMENDS THE ADOPTION OF THE ATTACHED RESOLUTION TAKING THE PROSECUTION OF THE WORK "ORANGE BOWL - WATER MAIN IMPROVEMENTS - 1975 - JOB NO. B-2659" OUT OF THE HANDS OF THE MINORITY SYSTEMS, INC., APPROPRIATING ANY AND ALL MATERIALS AT THE SITE, AUTHORIZING THE CITY MANAGER TO ARRANGE FOR THE SUPPLYING OF ACCEPTABLE MATERIALS AND THE COMPLETION OF THE WORK BY A CONTRACTOR AND/OR CITY FORCES, AND AUTHORIZING ADVERTISING FOR SEALED BIDS. Page 2 of 2 "SUPPORTIVE DOCUP.1ENT S FOLLOW" CErRTIFICATE THIS CERTIFICATE, by Henry Garner Moon, Florida Registered Engineer No, 6002; Division Engineer of the Construction Division of the Department of Public Works of the City of Miami; and the Project Engineer for the job "orange Bowl - Water Main Improvements - 1975 (2ND Bidding) - Job No. B-2659, is made in accordance with the provisions of Section 6-10 of the Specifications and Contract Documents of the above mentioned WITNESSETH prof ecth SUPPORTIVE DOCUMENT FOLLov,» THAT, WHEREAS, Minority Systems, Inc., a Florida Corporation, is the contractor for furnishing all labor, material and equipment necessary to install certain water mains at the Orange Bowl Stadium of the City of Miami, all as noted in the Specifications and Contract Documents, dated August 7, 1975, for "Orange Bowl - Water Main Improvements - 1975 (2ND Bidding) - Job No. B-2659"; NOW, THEREFORE, in accordance with the provisions of Section 6-10 of the Contract Documents of this project, I, Henry Garner Moon, certify as follows: 1. That on January 29, 1976, Vincent E. Grimm, Jr., Director of the Department of Public Works of the City of Miami, by Certified Mail, notified Minority Systems, Inc. that; a. "On December 18, 1975, you discontinued the prosecution of the work and pulled all your equipment and man- power from the job site; b. On December 19, 1975, you verbally notified this office that you could not complete this project for the contract amount; c. Oh January 7, 1976, you notified Assistant City Manager Clifton C. days, that you Would need an additibna1 007,000 in order to complete this protects d. l have discussed your problems concerning this contract with the City Manager, The City cannot grant any funds above the amount you bid on this contract and you are hereby notified to complete the work under this contract in accordance With the Contract Documents; e. If you do not begin work within 10 calendar days after receipt of this notice, I shall take the necessary steps to arrange for annulment of the contract in accordance with Section 6-10 of the General Conditions of the Specifications". 2. That the Return Receipt of the aforesaid notice showed that said notice had been received by Minority Systems, Inc. on February 2, 1976, which, as of March 15, 1976 the date of this Certificate, is a period of more than one month in excess of the ten day period stipulated in both the Contract Documents and said notice, and that as of the date of this Certificate, Minority Systems, In::, has totally failed to proceed with the prosecution of the worlc as requested in the notice dated January 29, 1976. 3. The date of this Certificate is March 15, 197b. 4. That I, Henry Garner Moon, am personally acquainted with all the details of this Contract and I hereby certify that to the best of my knowledge and belief, the foregoing statements are complete, accurate, and true in all respects. SIGNED •72t'7e'`'';G Henry Gia'ner. ' Pwon '' Registered Profess. onal ngineer%Na.', 6002 WITNESSES: Aidi&e:t; hf Lam, SWORN AND SUBSCRIBED TO BEFORE ME this / day of March, 1976, My Co;;.rni;:. sion Expires I• No_ ary 'ublie State of Fla, at Large