Item O13Time Approximate 10:30
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20, 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
Construct Group Corp., and Monroe County arising from the CR 905 Bike Lanes Project.
ITEM BACKGROUND: On January 16, 2014, Construct Group Corp. (CGC) and Monroe County
entered into an Agreement for CGC to construct bike lanes on CR 905. CGC undertook performance
of the Agreement. Subsequently, disputes and claims arose relating to CGC's default of the Agreement
and non -conforming construction work. The County gave CGC and its surety 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 CGC for the construction of bike lanes on CR 905.
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 AMOUNT PER MONTH n/a Year n/a
APPROVED BY: County At OMB/Purchasing Risk Management
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
Not Required X
AGENDA ITEM # 0 I