Item M4 � M.4
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: M.4
Agenda Item Summary #6919
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against K2M Design Inc. to
recover increased project costs associated with design errors and omissions on the Customs Terminal
Security Enhancements Phase II Design, Bidding and Construction Administrative Services
Agreement.
ITEM BACKGROUND: On December 19, 2009, the County entered into a continuing services
contract with MBI/Architecture which later became K2M Design Inc (K2M). Pursuant to the
continuing services agreement, the County entered into a Design Services Agreement with K2M
dated February 10, 2012 for the Customs Terminal Security Enhancements Design.
The original scope of services were amended on Feb 19, 2015, November 10, 2015, April 11, 2016,
May 6, 2016 and August 7, 2017 in order to reduce the scope of the project, provide for additional
construction administration and inspection services, provide for Customs and Border Patrol (CBP)
design modifications, and to provide for remedial design services. In addition, amendments were
entered into to extend the inspection and construction administrative services owing to the fact that
the project had fallen behind schedule.
During construction of the CBP phase 11 project, the county issued 26 change orders, 18 of which
were documented design errors and omissions. K2M was placed on notice of the County's errors
and omissions claim via certified letter dated July 15, 2019. A contractually required meet and
confer session was held on September 19, 2019, however no resolution was reached.
On January 10, 2020 the county made an offer of settlement via certified mail and, despite follow up
e-mails, to date the county has received no response. The next step would be to file suit.
PREVIOUS RELEVANT BOCC ACTION: Approved the Continuing Services Contract on
December 16, 2009 and extensions to the contract on November 20, 2013 and December 10, 2014.
Approved the Design Services Agreement at the March 21, 2012 board meeting. Approved
amendment 41 on March 21, 2015, amendment 42 dated November 10, 2015, amendment 43 dated
April 11, 2016, amendment 44 dated May 6, 2016, amendment 45 dated August 7, 2017, amendment
Packet Pg. 2638
M.4
46 on June 20, 2019, amendment 47 dated July 30, 2018 and amendment 48 dated 12/10/18
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: TBD
Current Year Portion: TBD
Budgeted: No
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Pedro Mercado Completed 05/05/2020 3:22 PM
Bob Shillinger Completed 05/05/2020 5:25 PM
Pedro Mercado Skipped 05/05/2020 5:25 PM
Purchasing Skipped 05/05/2020 5:24 PM
Budget and Finance Skipped 05/05/2020 5:24 PM
Maria Slavik Skipped 05/05/2020 5:24 PM
Kathy Peters Completed 05/05/2020 7:12 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
Packet Pg. 2639