File Ref. #117
fIlE ~t-R-/l~CG #1(7-Al~ U I~ /9rl
CITY OF MI'A~11~~ACH
OFFICE OF TH~e5f12y RJi~~AGER
Interoffice meMBt~~aU~E
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To:
David Dermer
Commissioner
Date: October 19, 1998
From:
Sergio Rodriguez
City Manager
Subject: STATUS OF E BOARDWALK RESURFACING PROJECT
Pursuant to your request, below you will find an update on the status of the Boardwalk Resurfacing
Proj ect.
Despite numerous attempts to force the Contractor (Miami Hardwoods and Plywood, Inc.) to comply
with the terms of the contract for the Boardwalk Resurfacing Project, the City has had to resort to
taking legal action in an attempt to find a resolution to the project.
The City stopped payment to the contractor when it became clear that there were deficiencies in both
product and workmanship under the terms of the contract with the City of Miami Beach. The City
also had Proforest Consulting Inc., an expert in tropical hardwoods, prepare an inspection report on
the new installation work and they agreed on the deficiencies in the product.
In a Stipulation in Lieu of Hearing on Order to Show Cause (Circuit Court Case #97-9376 CA-02)
presided by Circuit Court Judge Ronald Friedman, Miami Hardwoods acknowledged possession of
approximately 17,000 square foot of "Palope" wood and approximately 50,000 stainless steel
screws for attachment. Even though the Stipulation was Done and Ordered on September 3, 1997,
and was without prejudice to the City's rights to a hearing on Replevin rights, Miami Hardwoods
did not perform the work outlined in the Stipulation agreement.
On 5/19/98, a Mediation Hearing was held before Jonathan Kroner (Certified Mediator) with
representatives of Miami Hardwood, their attorneys, Property Management, and the City Attorney's
Office in an attempt to resolve the contract disputes. This Mediation was rejected by the
Administration because of Miami Hardwoods refusal to honor the 10 year warranty on materials and
workmanship as outlined in the contract with the City.
I have asked the City Attorney's Office to take whatever action is necessary including the
continuation of the lawsuit and the attachment of the performance bond on the labor for the project
to protect the City's interest. Mark Goldstein, of the City Attorney's Office, has informed me that
a trial is set for January 1999.
In the interim, Property Management crews perform inspection and repairs on the full length of the
Boardwalk at a minimum rate of two times per week. These inspections and repairs are performed
7
on all parts of the Boardwalk, including railing, benches, stairs, handicap ramps and the walking
surface, to assure there are no hazards or other safety concerns to the Public that use the Boardwalk.
Property Management also stocks pressure treated timber materials to repair areas that are not
currently resurfaced and has also located an alternate supplier of the hardwood materials if the need
arises to replace the resurfacing product.
If you have any additional questions, please feel free to call me at x7010.
SR/CMC/BAJ
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cc: Christina Cuervo, Assistant City Manager
Murray Dubbin, City Attorney
Brad A. Judd, Director, Property Management
Mark Goldstein, Assistant City Attorney
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CITY OF MIAMI BEACH
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FROM SERGIO RODRIGUEZ
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_Please note and return to me
~ your review and approval
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Immediate action deSired
_Please answer, with copy
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CITY OF MIAMi:BEACH
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OFFICE OF THE MAYOR & COMMISSION
TO:
Sergio Rodriguez
City Manacre,.r ,(\
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/
David Derme
CommissioneC U
FROM:
DATE:
October 12, 1998
RE:
Status report for Boardwalk Resurfacing
Please respond as soon as possible as to the status of the resurfacing project for the beach
boardwalk.
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
Interoffice Memorandum
m
To:
Murray Dubbin
City Attorney
Date: October 13, 1998
Via:
Sergio Rodriguez
City Manager
From:
Mayra Diaz Bu tacavol~. ~,J~~
Assistant City Manager- r. --(J--
Subject: MIAMI HARDWOOD LAWSUIT
Please have your office respond in writing to me the following information concerning Miami
Hardwood:
1. Court date.
2. What is the City of Miami Beach requesting for damages from Miami Hardwood?
3. Is there an existing Performance Bond on the project from which the City can collect?
4, What City staff will be needed to attend the trial?
Thank you.
c: Christina M. Cuervo
Janet Gavarrete
Julio Grave de Peralta
Brad Judd
Kevin Smith
F:\CMGR\LCDI\MDB\MEMOS\MIAMIHAR. WOD