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Home My WebLink AboutR-43166CITY MANAGER-MIAMI 12JAN18AN10:Z1 RESOLUTION NO. 91/ A RESOLUTION RELATING TO THE JUNE 24, 1971 CONTRACT FOR THE PROJECT ENTITLED "COMMERCIAL DOCKS - PIERS 1 & 2- SALVAGE AND DEMOLITION"; TAKING THE PROSECUTION OF THE WORK OUT OF THE HANDS OF THE CONTRACTOR; AUTHORIZING CITY FORCES TO PERFORM CLEAN-UP WORK; AUTHORIZING ADVERTISING FOR BIDS FOR SALVAGE; ALLOCATING REVENUE FROM SALVAGE TO DEFRAY EXPENSES INCURRED BY CITY FORCES; DIRECTING CITY ATTORNEY TO RECOMMEND LEGAL MEANS AND/OR PROVIDE LEGAL DOCUMENTS !t"11 TAKE ANY NECESSARY LEGAL STEPS WHEREAS, there exists a contract dated June 24, 1971 with Izadore Marks, d/b/a Easy -Marks Engineers for the project entitled COMMERCIAL DOCKS - PIERS 1 & 2 - SALVAGE AND DEMOLITION; and WHEREAS, Izadore Marks is now deceased and all efforts by the City to have the balance of the work completed under the existing Contract have met with failure; and WHEREAS, the Engineer, Vincent E. Grimm, Jr., Director of Public Works, sent a letter dated January 3, 1972 via Certified Mail, Return Receipt Requested to R. Louis Seitlin, Attorney in Fact for United States Fidelity and Guaranty Company and to Easy -Marks Engineers notifyingthem that the aforesaid Contract is in default and that pursuant to Section 6-10 of the General Conditions of the Contract Documents, if the conditions were not corrected in 10 days the Department of Public Works would have no alternative but to certify the Work in default and to then take adequate steps to have the Work completed; and • WHEREAS, more than 10 days have elapsed and the Director of Public Works has certified to the Commission that the Contract is now in default and recommends, pursuant to Section 6-10 of the General Conditions of the Contract Documents that the City Commission exercise its "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 ad acceptable " d U t'� E ento an agreement with another Contractofor 'the ITEM WO. /'/ - P' r— completion of the Work, or to use such othed methods, as, in the opinion of the City Commission, shall be required for the completion of the Work in an acceptable manner." NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That, pursuant to Section 6-10 of the General Conditions of that certain contract dated June 24, 1971 with Izadore Marks, d/b/a Easy -Marks Engineers for the project entitled COMMERCIAL DOCKS - PIERS 1 & 2 - SALVAGE AND DEMOLITION the City Commission does hereby take the prosecution of the Work out of.the hands of the Contractor. Section 2. That the City Manager be, and he is hereby, authorized and directed to use City Forces to perform all necessary clean-up work at the site of the project and to maintain cost records of personnel, and City equipment or rented equipment, used in such clean-up work. Section 3. That the City Manager be, and he is hereby, authorized and directed to advertise for bids for the salvage of the buildings on Piers 1 and 2 of the Old Port property in accordance with the applicable provisions of the aforesaid Contract, said bids to contain provisions which will permit the award of a contract for individual building salvage, or a contract for all or any portion of the work as may be in the best interest of the City. Section 4. That any and all revenue received by the City as a result of salvage operations provided for in Section 3 hereof, be, and the same is hereby, allocated for use in defraying any and all expenses incurred by City Forces in performing the clean-up work authorized in Section 2 hereof. Section 5. That the City Attorney be, and he is hereby, directed to recommend legal means and/or provide any legal documents necessary to implement the intent of the Commission as outlined in this Resolution and to take any and all legal steps -2- to recover an appropriate portion of the penal sum of $5,600 from United States Fidelity and Guaranty Company which Company is the Surety on the Performance Bond for the Aforesaid June 24, 1971 Contract between the City and Izadore Marks, d/b/a Easy -Marks Engineers. PASSED AND ADOPTED this of -.- 1972. WI COMMISSION , MEETING OF WQUfl1011 tiu,. .... ......N•M ..NH*.HH.•.H..N. COMMERCIAL DOCKS - PIERS 1 & 2 -- SALVAGE AND BUILDINGS DEMOLITION JOB NO. B-2518 CERTIFICATE THIS CERTIFICATE is made by Vincent E. Grimm, Jr., Florida Professional Engineer Nc+.5201, Director of the Department of Public Works of The City of Miami, Florida, and Engineer for Job No.2518 entitled "COMMERCIAL DOCKS - PIERS 1 & 2 -- SALVAGE AND BUILDINGS DEMOLITION, pursuant to and in accordance with the provisions of Section 6-10 ANNULMENT OF CONTRACT BY CITY of the General Conditions of the Contract Documents for the aforesaid Job: WITNESSETH THAT, WHEREAS, pursuant to Contract dated June 24, 1971, the execution of which was authorized by City Commission Resolution No.42597, Isadore Marks, d/b/a Easy -Marks Engineers is the Contractor for furnishing all labor, materials and equipment necessary for the demolition and/or salvage of certain buildings at Piers 1 & 2 of Commercial Docks, sometimes identified as the Old Port of Miami, all as noted in the Specifications and Contract Documents dated June 24, 1971 for Job No. B-2518, identified as "COMMERCIAL DOCKS - PIERS 1 & 2 -- SALVAGE AND BUILDINGS DEMOLITION;" and WHEREAS, the Contractor's Performance Bond Surety for this Job is United States Fidelity and Guaranty Company pursuant to that Performance Bond dated June 24, 1971 issued by Seitlin and Company of 998 S.W. 1 Street, Miami, Florida and signed by R. Louis Seitlin as Attorney -in -Fact for said Company; NOW, THEREFORE, in accordance with the provisions of r".� .`f p ttioLir, ITEM Section 6-10 of the General Conditions of the Contract Documents for the aforesaid Job, I, Vincent E. Grimm, Jr. do hereby certify as follows: 1. That by letter dated December 16, 1971 I notified the United States Fidelity & Guaranty Company as follows: a. As of approximately one week following the demise of Mr. Isadore Marks, the Contractor for the job entitled "CQ'''-MERCIAL DOCKS - PIERS 1 & 2 - SALVAGE AND BUILDINGS DEMOLITION," the job site was inspected and no work was underway. b. That said Company was asked to formalize a method for completion of the Contract and present the same to the City of Miami for approval. 2. That on January 3, 1972, by Certified Mail Return Receipt Requested, I notified Seitlin & Company, attention Mr. R. Louis Seitlin, Attorney -in -Fact for the United States Fidelity & Guaranty Company as follows: a. The Surety had not responded to my letter of December 16, 1971. b. That said letter dated January 3, 1972 con- stituted official notification that the Contract for the afore- said Job was in default and that pursuant to the provisions of the Contract Documents the Surety had 10 days from the date of said letter in which to correct the situation. c. That, in the event the Surety failed to ac- complish the continuance of the Contract, the Department would have no alternative but to certify to the City Commission that the Contract is in default and then take adequate steps to have -2- "SUPPORTIVE DOCUMENT TD: kt. 43/6..te respects. ITNESS: the work completed in accordance with Section 6-10 of the General Conditions of the Contract Documents. 3. I further certify that the return receipt of the aforesaid notice showed that said notice had been received by Seitlin & Company on January 4, 1972. 4. I further certify that a copy of the above letter was sent to Easy Marks Engineers at 8409 S.W. 137 Avenue by Certified Mail Return Receipt Requested but that on January 7, 1972, the envelope was returned to the Department of Public Works carrying the notice by the Postal Department that the letter had been refused. 5. I further certify that as of the date of this Certification, January 17, 1972, the 10 calendar day period stipulated in Section 6-10 of the General Conditions of the Contract Documents has expired and that the City has received no written method for completing the Contract Work from United States Fidelity and Guaranty Company through their Attorney -in - Fact, R. Louis Seitlin nor from Seitlin & Company, as to any proposal for completing the Work yet remaining to be done under Job No.2518 "COMMERCIAL DOCKS - PIERS 1 & 2 - SALVAGE AND BUILDINGS DEMOLITION." 6. I, Vincent E. Grimm, Jr., further certify that I am personally and intimately acquainted with all the details of this Contract and the Work performed by Easy Marks Engineers and I hereby certify that to the best of my knowledge and belief the aforegoing statements are true, complete and accurate in all (T/1 Vincent E. Grimm, Jr. (,' Registered Professional Engineer No .5201 1'$UPPORTLVE DOCUifif ..T rr4/2I. .. State of Florida ) County of Bade ) SS City of Miami ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared Vincent E. Grimm, Jr. to me well known, who being by me first duly sworn upon oath, says that he is the Engineer for the City of Miami, Florida, that he is personally and intimately acquainted with the details of the Contract mentioned in the foregoing Certification and that each and every fact in said Certifi- cate is true, complete and accurate to the best of his knowledge and belief. Subscribed and sworn to before me this 17th day of January, A.D., 1972. 67, Notary Publ c, State of Florida a large My Commissions Exp r s*.: �raG 1„Y 4' BOWED That. l rra W. DIE 1EUItirtSi- -4- "SUPOORTIVE DOCUMENT