Item N08Time Approximate 10:30
Meeting Date: June 10, 2015 Division: County Attorney
Bulk Item: Yes — No X Staff Contact Person: Chris Ambrosio 305-292-3470
AGENDA ITEM WORDING: Discussion and direction regarding disputes and claims between
Metric Engineering, Inc., and Monroe County arising from the CR 905 Bike Lanes Project.
ITEM BACKGROUND: On January 16, 2014, Metric Engineering, Inc. (Metric) and Monroe
County entered into an Agreement for Metric to provide construction, engineering, and inspection
services for the CR 905 Bike Lanes Project. Metric undertook performance of the Agreement.
Subsequently, disputes and claims arose relating to Metric's default of the Agreement and failure to
properly administer, monitor, inspect, oversee, and report construction activities related to the Project
such that the Project was constructed in conformity with the plans, specifications, and the intention of
the Construction Contract and design. The County gave Metric notice of default and notice of disputes
and claims. The Agreement requires that the parties shall conduct a meet and confer session to attempt
to resolve disputes and claims. On February 27, 2015, the parties attended a confidential meet and
confer session. The Agreement also requires that if no resolution of the disputes and claims can be
agreed upon within 30 days after the meet and confer session, the issues shall be discussed at public
meeting before the BOCC. There are unresolved disputes and claims.
PREVIOUS RELEVANT BOCC ACTION: On January 16, 2014, the BOCC approved an
Agreement with Metric to provide construction, engineering, and inspection services for the CR 905
Bike Lanes Project. On May 20, 2015, the BOCC held a similar session with Construct Group Corp.,
the general contractor.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Authorize the County Attorney to proceed with all dispute
resolution mechanisms up to and including litigation.
TOTAL COST: TBD INDIRECT COST: TBD BUDGETED: Yes xxx No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: TBD SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: TBD A OUNT PER MONTH n/a Year n/a
APPROVED BY: County A OMB/Purchasing Risk Management
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
Not Required X
AGENDA ITEM #