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Accessibility Statement

File #: 24-1330   
Status: Agenda Ready
In control: County Administration - Parks And Recreation Division
Agenda Date: 10/8/2024 Final action: 10/8/2024
Title: A. MOTION TO APPROVE Settlement Agreement by and between Broward County, Tadeos Engineering LLC, and Ohio Casualty Insurance Company, to resolve all claims and disputes between the parties concerning Contract No. PNC2118866C1 for construction of the new Secret Woods Nature Center - Manatee Overlook Structure; and authorize the Mayor and Clerk to execute same. (Commission District 6) ACTION: (T-11:08 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT budget Resolution to accept $400,000 in unanticipated revenue to be used for the purpose of demolishing the defective Manatee Overlook Structure at Secret Woods Nature Center. (Commission District 6) ACTION: (T-11:08 AM) Approved Resolution No. 2024-464. VOTE: 9-0.
Attachments: 1. Exhibit 1 - Agreement, 2. Exhibit 2 – Budget Resolution
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Monica Cepero

Department:                       County Administration                                          Division:  Parks & Recreation

 

Information

Requested Action

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A. MOTION TO APPROVE Settlement Agreement by and between Broward County, Tadeos Engineering LLC, and Ohio Casualty Insurance Company, to resolve all claims and disputes between the parties concerning Contract No. PNC2118866C1 for construction of the new Secret Woods Nature Center - Manatee Overlook Structure; and authorize the Mayor and Clerk to execute same. (Commission District 6)

 

ACTION: (T-11:08 AM) Approved.

 

VOTE: 9-0.

 

B. MOTION TO ADOPT budget Resolution to accept $400,000 in unanticipated revenue to be used for the purpose of demolishing the defective Manatee Overlook Structure at Secret Woods Nature Center. (Commission District 6)

 

ACTION: (T-11:08 AM) Approved Resolution No. 2024-464.

 

VOTE: 9-0.

 

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Why Action is Necessary

Broward County Board of County Commissioners (“Board”) approval is required for the execution of the Settlement Agreement and appropriating revenue not anticipated in the budget.

 

What Action Accomplishes

Provides for financial settlement with Tadeos Engineering LLC and Ohio Casualty Insurance Company of all claims and waiver of all disputes concerning the contract and converts the previous termination for cause into a mutual termination of the contract, effective upon full execution of this Settlement Agreement by the parties and receipt by County of the settlement payment from Tadeos. Additionally, accepts unanticipated revenue in the budget and appropriates funds to demolish the defective manatee overlook structure.

 

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Previous Action Taken

None.

 

Summary Explanation/Background

THE PARKS AND RECREATION DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.

 

County, through its Director of Purchasing, and Tadeos Engineering LLC (“Tadeos”) entered into an agreement on March 26, 2020, under Bid/Contract No. PNC2118866C1 (the “Contract”) for construction of the new Secret Woods Nature Center - Manatee Overlook Structure (the “Project”).

 

Ohio Casualty Insurance Company (“Ohio”), as Surety, issued Performance and Payment Bonds (the “Bonds”) in favor of Tadeos as principal and County as obligee on the Project.

 

County issued a notice to cure to Tadeos and Ohio, dated October 21, 2022, notifying Tadeos and Ohio of defective work and construction deficiencies.

 

County, through its Director of Purchasing, issued a notice of termination for cause to Tadeos and Ohio, dated February 22, 2023, terminating the Contract and demanding Ohio perform pursuant to the Performance Bond.

 

Tadeos disputes County’s termination and claim of defective work and alleges that there are discrepancies in the specifications regarding the length of precast concrete piles and the structural capacity of the installed pilings.

 

The County, Tadeos, and Ohio have engaged in negotiations and discussions in an effort to amicably resolve all claims and disputes arising out of or relating to the work required by the Contract. As a result of the negotiations and discussions, County, Tadeos, and Ohio have agreed, subject to Board approval, to the proposed Settlement Agreement, which provides, in part, as follows:

 

-                     Tadeos to pay County $400,000; and

-                     County shall keep the full amount of retainage currently withheld by County under the Contract, in the amount of $39,573.

 

Source of Additional Information

Dan West, Director, Parks and Recreation Division, (954) 357-8106

 

Fiscal Impact

Fiscal Impact/Cost Summary

Approval of this item appropriates the settlement amount of $400,000 and releases the remaining retainage to the County.