THE CONSTRUCTION MANAGEMENT DIVISION AND THE OFFICE OF THE COUNTY ATTORNEY RECOMMEND APPROVAL OF THE ABOVE MOTION.
On March 1, 2011 (Item No. 12), the Board of County Commissioners approved the award of a fixed-price construction contract to low bidder, RC Aluminum Industries, Inc. (RCAI), for the Broward County Main Library Wind Mitigation, Bid No. P0865207C1. RCAI failed to complete the project and on October 22, 2013, Liberty Mutual Insurance Company, (“Surety”), informed the County that it was acting as the attorney-in-fact for RCAI with full assigned authority.
On November 12, 2013 (Item No. 53) the construction contract with RCAI was terminated for cause by the Board of County Commissioners. The motion also authorized the Contract Administrator and the Office of the County Attorney to take all necessary administrative and legal action, including but not limited to pursuing the Performance and Payment Guaranty.
The Construction Management Division and the Office of the County Attorney entered into discussions with the Surety to negotiate a mutually agreeable plan to complete the project. The Takeover Agreement is the first step in a settlement between the Surety and the County pursuant to the terms of the performance bond. The Surety has retained a completion contractor, PRM Engineering and Contracting Corporation, to complete the unfinished portions of the project pursuant to the original construction contract terms, conditions and approved modifications. The County will coordinate directly with the Surety in all matters including, but not limited to, construction performance, progress payments, and change orders.
Signature pages will be forthcoming, prior to Commission meeting.
Sources of additional information: Ariadna Musarra, Director/County Architect Construction Management Division, 954-357-6473; Thomas J. Hutka, P.E., Director, Public Works Department, 954-357-6410. |