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1/19/72
RESOLUTION NO. 43167
A RESOLUTION RELATING TO THE JUNE 24, 1971
CONTRACT FOR THE PROJECT ENTITLED "COMMER-
CIAL 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 THE CITY ATTORNEY TO RECOMMEND
LEGAL MEANS AND/OR PROVIDE LEGAL DOCUMENTS
AND TAKE THE NECESSARY LEGAL STEPS TO RE-
COVER AN APPROPRIATE PORTION OF THE PERFORM-
ANCE BOND.
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 notifying them 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 ten (10) days the Depart-
ment 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
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CITY COMivii:,:,1
MEETING OF
JAN 2 01972
RESOLUTION NO T' 3 / 4 7
REMARKS:
WHEREAS, more than ten (10) days have elapsed and
the Director of Public Works has certified to the Commission
AM 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 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."
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 DEMOLI-
TION" 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 main-
tain cost records of personnel, and City equipment or rented
equipment, used in such clean-up work.
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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 pro-
visions 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 here-
of.
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 Commisbion
as outlined in this Resolution and to take any and all legal
steps to recover an appropriate portion of the penal sum of
$5,600.00 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.
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PASSED AND ADOPTED this 20th day of January
1972.
PREPARED AND APPROVED BY:
Harold Young
Special Counsel
REVIEWED BY:
Jack R. Rice, Jr.
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Assistant Director
APPROVED AS TO, FAND CORRECTNESS:
Alanj . Rothstein
City Attorney
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