Item Q7
BOARD {)F COONTY COl\iIVHSSION.LU!S
AGJj~NDA ITEM SUl\11VIARV
Iv1ecting Date: IvI~y_W, 2009~~__~
Di visjon:~OUD-tL.A ttoL~
I
Bulk 1 tenl: Yes
l..;o~
Staff Contact Person: N.~ltjleene Cassel
Phone #: 3470
AGENDA ITEJ\:1 WORDING: Approval of Settlelnent Agreeluent by the ROCe and execution of
Settlement Agreelnent by the Mayor in the 111atter of Fontici ell a Constluction Corporation v. Monroe
County, Case No. 2009-CA-424.
ITEM BACI(GUOUND: Fonticiclla Construction Corporation was the general contractor 011 the
Construction of the Medical Examiner Building 011 Crawl Key. The Contractor has filed suit against
the County and clahned lninimuul dalnages of $1 )084,498.07. The allegations fi"Olll the contractor
include damages for project delay, unpaid retainage, unpaid cost increases for an unapproved change
order, unpaid dalllages for other change orders, and hOlne office overhead for the time of the
construction delay. On May 13. 2009) a11 early mediation was held in an attelnpt to resolve the ClaiUl
and avoid the expense of lengthy litigation. Chief Asst. County Attorney, Robert Shillinger, Asst.
County Attorney~ Natileene Cassel, and Project Managenlent staff lnel11bets Jerry Bal11ett and Kevin
Wilson attended the Mediation. The Settlement Agreetnent calls. f(u the total payment of $600,000.00
by the County to the plaintiff. This SUln includes $207,516.71 which is held in retainage, leaving a
relnainder of$392A83.29.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the contract for construction of
the Medical Exanliner Building on May 19, 2004. The Certificate of Substantial Completion for the
building was issued 011 July 10, 2008.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $600.000.00 Indirect Cost: -0- BUDGETED: Partially, retainage is funded
($207,516.71 held inretainage, $392,483.29 overretainage)
COST TO COUNTY: $392.483.29 over budgeted funds SOURCE OF FUNDS: 304 fund _ F2.t_J~a.~
CO ( fbY\~ .3=\3000
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year '
APPROVED BY: CountyAtty dLo~ng_RiskManagernent_
DOCUMENTATION:
hlcluded
Not Required_
t
DISPOSITION:
....
.;...4
AGENDA ITEM #D:1-
Revised 1/09
h10NROE C(H.JNTY BOARD OF COUNTY COlvnv11.SC~IONEj{S
~}~.~~~~.MrV.c-:.. .:.~~~~-y- . ;I~~...-~....~~~t~~~~~"!:.:,,~~_:;.:
CONTRAC'f ~~UMlViARY
Contract with.; Fonticiella Construction Contract #._~_.
_.._---_._-_._,~.-- --,,---- .----___m _____~~___________.~
Effective Date: fvtay 20, 2009
-~~----".,
Expiration Date: ....,,,........,.,..,~ ,.~....-.......-....-.............--..._~ -
Contract Purpose/Description:
Ratification of Settlement A&l}4eelnent between of General Contractur litigation against
County
The proposed scttlenlent agreenlent calls for $600.000.00 to be paid to the com'actor. This sum
includes $207.516.71 which is held as retainal!c. the remainder to be nais is $392-483.29.
Contract Manager: Natileene Cassel 3470 County Att0111ey
(Name) (Ext. ) (DepartnlentJStop #)
,
for BOCC meeting on May 20, 2009 Agenda. Deadline: May 13, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesO No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
- - - -
-----
- - - -
---------
Fund 307-26S01-560620-CH0301..530310 ~"K~ :;'A4~,Jt
~lid-~-60l -_
ADDITIONAL COSTS
For:
(eg. maintenance) utilities) janitorial) salaries, etc.)
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
CONTRACT REVIEW
Changes
Needed Reviewer
YesDNoD/\ ~
RiskManagement ~ YesDNOIZI":-~.~ _ ~_ _
O.M.B./Purchasing _ YesD NO~ ~_
CountyAttorney o-J~ YesDNO~dfe-u)tt('~
. \.
'A
Date Out
Date In
Division Director
S; / lh 'tI1
.,
Coinments:
FONTH~IELLA CONSTRUCTION
CORIl'ORATION, a Florida COI.poJ"ation
Plaintiff
v.
l\10NROE COUNTY, FLORIDA
Defendant.
Approval of Settlement Agreement
By the Board of County Commissioners
of Monroe County
The Mayor of Monroe County hereby executes the Settlement Agreement, which is
attached hereto and made a part hereof: between Fonticiella Construction Corporation)
and Mom.oe County. This agreement was entered into by the representatives of
FonticieHa Construction Corporation and Monroe County at Mediation on May 13,2009.
This Settlement Agreement was fonnally approved by the Board of County
C01111nissiol1ers on May 20, 2009, and is hereby executed by the Mayor.
Board of County Commissioners of
Monroe County, Florida
By:
George Neugent, Mayor
Date:
[SEAL]
MONROE COUNTY ATTORNEY
'. A8 ROVED AS TO F~'
. 7tJ. L~
NATILEENE W. CASSEL
ASSISTANTJOUt~y ATTORNEY
Date ~ I<{ /.)1
I ,
ATTEST: Danny L. Kohlage, Clerk
By:
Deputy Clerk
Date:
, _, M' '."..'
In the Ci"cuit Court of the 16th J1;ldicial Circuit
In aa.d for Monroe County~ Florida
Case No: 2009-CA.424-K
Judge David AudHn
FONTIC1ELLA CONSTRUCTION
CORPORATION, a Florida Corporation,
Plaintiff:
v.
MONROE COUNTY, FLORIDA,
Defendant.
/
SETTLEMENT AGREEMENT
The parties and/or counsel, with full authority subject to approval by the Board of County
COlnmissioners of Monroe County, Florida, voluntarily consent and agree to settlement of the
above-referenced matter upon the following tenns and conditions:
1. Defendant" Monroe County (hereinafter "the County"). shall pay FonticieIla
Construction Corp. (hereinafter "FCCt7) the total amount of $600,000.00 (six
hundred thousand dollars), checks to be made payable and deliverable in a
manner described herein and upon approval of this settlement agreement as set
forth below.
2. FCC agrees to execute and submit to the County all standard-closing documents
required by the County, and to provide the County with releases of liens from all
subcontractors. Each party agrees to execute mutual and general releases to the
other related to or arising from the subject matter of the instant dispute; each party
agrees to execute a voluntary dismissal of all claims with prejudice; with each
party to bear its own attorney's fees and costs.
f
3. Both parties agree that subcontractors' funds will be disbursed by joint check
made payable to Fonticiella Construction Corp. and to the individual
subcontractors pursuant to a full list of subcontractors provided by FCC to the
County. Parties agree that distribution of checks will be in exchange for releases
of liens from all subcontractors and shall take place at the offices of FCC, with the
exception of subcontractors located in Monroe County whose exchange of checks
· ~'.. and releases shall be conducted in Monroe County. The balance of the settlement
funds shall be paid to FCC subsequent to exchange of payment to and release of
liens from all subcontractors.
".
.,
~
~({.~
~r 'i-
; .-,;. r j'
4. Eacl1 party and/or their counsel shall pay their share of the ll1tdiation fees and
co~ts. The Court shall retain jurisdiction to enforce terms of ihis settlement
agreement, including enforcement of the payment of the mediation fees and costs.
This settlement agreement is subject to and conditioned upon approval of all of its
terms and conditions by the Board of County Commissioners of Monroe County,
Florida.
Dated:~-;; 3/01
Fonticiella Construction Corp
5.
Dated: \'-13- Ii
lvlonroe County, Florida
uthorized Representative
For Fonticiella Construction Corp.
. yt1~{~
~
d
4~~
Chief Assistant County Attorney
f
.. .~~....