THE AVIATION DEPARTMENT AND OFFICE OF THE COUNTY ATTORNEY RECOMMEND APPROVAL OF THE ABOVE MOTION.
On June 5, 2012 (Item No. 25), the County approved the award of Contract Z1005802C1 (the "Contract") to Marks Brothers, Inc. ("Marks Brothers"), whereby Marks Brothers would serve as the County's prime contractor for the construction project at Fort Lauderdale-Hollywood International Airport described as Taxiway "C" West and South Apron Reconstruction (the "Project"). RS&H, Inc., provided the County with design, construction administration, and resident project representation services in connection with the Project and the Contract. HDR Engineering, Inc., served as the County's quality assurance consultant.
The Project achieved final completion in or about October 2013. In or about May 2015, rutting began to manifest on the west end of the Project, indicating a potential construction and/or design failure relating to the services provided by Marks Brothers and/or RS&H. The County has since retained a consulting firm to evaluate the extent of the rutting and analyze the cause thereof.
Upon information and belief, in or about 2016, Marks Brothers and Ferreira Construction Co. Inc. ("Ferreira"), which transacts business in Florida under the name Ferreira Construction Southern Division Co. Inc., entered into an asset purchase agreement (the "Asset Purchase Agreement"). Pursuant to the Asset Purchase Agreement, Marks Brothers transferred to Ferreira the assets used in its construction business and turned over to Ferreira certain existing construction projects. Ferreira may have assumed Marks Brothers' liability for any damages relating to the Project, or a portion thereof, by virtue of the Asset Purchase Agreement. Accordingly, Ferreira is being included in this agenda item and will be included as a party in any subsequent litigation unless the County determines that no such liability exists.
This item would also authorize the County Attorney to initiate litigation against any other party who may be liable to the County for damages relating to the Project.
Approval of this item would allow the County to seek to recover the costs of correcting the defective and noncompliant construction and/or design work furnished on the Project, and all other damages related to the Project, whether known or unknown at this time.
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