Item P04 P4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
February 19, 2025
Agenda Item Number: P4
2023-3610
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert-Barrows
No
AGENDA ITEM WORDING: Authorization for the County Administrator to enter into an
agreement with a construction contractor for the completion of the Seaview Bridge Project and waiver
of the competitive bidding requirements finding an emergency exists under the provisions of Sec. 2-
347(k) of the Monroe County Code and in accordance with F.S. 255.20(1)(c)(8.).
ITEM BACKGROUND:
The county issued a notice of termination on September 18, 2024 to American Empire Builders, Inc.,
the construction Contractor.
The surety company, as the financial guarantor of the project pursuant to the Performance Bond for the
Project, is to determine the method by which the project will be completed. Pursuant to the provisions
of the performance bond, this may be through:
• utilizing the existing contractor,
• using the surety's own agents or independent contractors,
• obtaining bids or proposals from qualified contractors on behalf of the County or
• making payment to the County under the bond so that the County may proceed with securing a new
contractor on its own.
We've been advised by the surety that they have approached contractors to obtain proposals to complete
the work. On January 9th the county provided notice to the surety that it had not proceeded with
reasonable promptness and in accordance with contract provisions had seven days to perform its
obligations to advise of the methods by which completion of the project is to be performed.
On January 14th, Southern Road and Bridge (SRB) submitted a cost proposal to the surety to complete
the work on Seaview Drive Bridge, however the surety has still not advised the county how it intends to
move forward to complete the work. Accordingly, Monroe County notified the surety that it must
provide a response as to how it intends to proceed with respect to completion of the project no later
than 5 p.m. January 27, 2025. The county did not receive a response from the surety. In absence of a
definitive response from the surety, the County intends to pursue all options to complete the project and
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seek all legal remedies against the surety. An item for ratification of the initiation of litigation against
the surety is also before the Board.
In order to prevent any further delays in the completion of the Seaview Bridge Project, staff seeks
authorization to enter into an agreement with SRB or other qualified contractor if additional bids can be
procured to perform the completion of the project. To County staffs knowledge, no other proposal were
submitted to the surety other than SRB. The BOCC at its January 15th meeting gave authorization for
the County Administrator to sign an agreement with SRB when staff anticipated that the surety would
proceed in that direction. Since the surety has not provided a response as to which option they will
perform under the Performance Bond, the County seeks authorization to enter in an agreement with a
qualified construction contractor to perform completion of the work and wavier of the bidding
requirements in accordance with Monroe County Code Sec. 2-347(k) and F.S. 255.20(1)(c)(8.) and
authorize the County Administrator to execute the contract for completion of the project.
See relevant portions of the Monroe County Code and Florida Statute below.
255.20 Local bids and contracts for public construction works; specification of state-produced lumber.
(1) A county, municipality, special district as defined in chapter 189, or other political subdivision of
the state seeking to construct or improve a public building, structure, or other public construction works
must competitively award to an appropriately licensed contractor each project that is estimated to cost
more than $300,000.. . .
(c) The provisions of this subsection do not apply:. . .
8. If the local government competitively awarded a project to a private sector contractor and the
contractor abandoned the project before completion or the local government terminated the contract.
Sec. 2-347. - Competitive bidding procedures.
(k) The board of county commissioners may dispense with the bidding provisions of this section and
contract directly for services, goods or public works in the case of an emergency.
(1) For the purposes of this section, the term "emergency" means:
a. An immediate danger to the public health or safety;
b. A danger of loss of public or private property that requires immediate government action;
c. An interruption in the delivery of an essential governmental service; or
d. A substantial risk that a funding source of a contract will be diminished or lost because the time
required to competitively award bids after the funds become available exceeds the time within which
the funding source must be spent.
In order to prevent delay in waiting for the next commission meeting, the item authorizes the County
Administrator to enter into a new agreement once it is finalized. The Board can subsequently ratify the
contract at the meeting following execution by the Administrator.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC authorized for the County Administrator to sign an agreement for completion of the Seaview
Bridge Project at its January 15th, 2025 meeting.
INSURANCE REQUIRED:
No
4260
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Approximately $8.1 Million (The county has unspent funds of approximately $3 Million and the
remaining funds under the performance bond for the project which is estimated at approximately $5
Million(This amount is anticipated to be collected from the surety, but this may need to litigated).
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