Broward County Commission Regular Meeting

MOTION TO APPROVE Settlement Agreement between Broward County and Munilla Construction Management, LLC, RFP No. N1004304R1, to resolve all disputes between the parties concerning construction of the Ravenswood Bus Operations and Maintenance Facility; and authorize Mayor and Clerk to execute same. (Commission District 7)

ACTION:  (T-10:21 AM)  Approved.

VOTE: 7-0.  Mayor Sharief was not present during the vote.  Commissioner Bogen was not present. 

ACTION:  (T-10:41 AM)  Mayor Sharief requested being shown voting in the affirmative.  (Refer to minutes for full discussion.)

VOTE: 8-0.

Board of County Commissioners’ approval is required pursuant to Broward County Code of Ordinances, Section 1-51.3 for claims in excess of $15,000.

Provides for settlement with Munilla Construction Management, LLC regarding claims associated with the construction of the Ravenswood Bus Operations and Maintenance Facility.

None.

THE PUBLIC WORKS DEPARTMENT/CONSTRUCTION MANAGEMENT DIVISION RECOMMENDS APPROVAL.

On December 11, 2012 (Item No. 28), the Board of County Commissioners approved Construction Contract No. N1004304C1 with Munilla Construction Management, LLC for the construction of the Ravenswood Bus Operations and Maintenance Facility.

Construction began on June 26, 2013 and was substantially completed on October 28, 2016. During seven phases of construction, Munilla Construction Management claims that it encountered multiple construction conflicts, unforeseen conditions, and additional jurisdictional requirements. As a result, the contractual substantial completion date was delayed by 513 days. Munilla Construction Management subsequently submitted a final claim to the County in the amount of $2,048,116.

County staff met with representatives from Munilla Construction Management to address the various construction conflicts, unforeseen conditions and additional jurisdictional requirements that Munilla Construction Management claimed delayed the substantial completion date for the project. After extensive negotiations the parties were successful at negotiating a proposed settlement of all claims. While the Ravenswood Bus Operations and Maintenance Facility remained fully operational from the start of construction, minimizing the County’s additional operational costs, the construction logistics were directly affected by the on-going 24 hour/7 day-a-week bus operation.

The proposed settlement agreement resolves Munilla Construction Management’s claim of $2,048,116 and the County’s claim of $1,816,277. The County will release monies withheld in retainage to Munilla Construction Management, in the total amount of $250,000.

The terms of the settlement agreement were negotiated between representatives of Munilla Construction Management and staff from the Construction Management Division with assistance from the Office of the County Attorney.

The settlement agreement has been reviewed and approved as to form by the Office of the County Attorney.

Ariadna Musarra, Director, Construction Management Division, (954) 357-6473
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410