Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Highway Construction & Engineering
Information
Requested Action
title
MOTION TO APPROVE Settlement Agreement between Broward County and Acosta Tractors, Inc., to resolve all claims and disputes between the parties, at no additional cost to the County, concerning Contract No. PNC2121018C1 for improvements to Wiles Road from University Drive to Riverside Drive; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Broward County Board of County Commissioners (“Board”) approval is required pursuant to Section 1-51.3, Broward County Code of Ordinances, to resolve claims in excess of $50,000.
What Action Accomplishes
Approves the settlement agreement resolving all claims between Broward County and Acosta Tractors, Inc., associated with PNC2121018C1.
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Previous Action Taken
None
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION AND THE COUNTY ATTORNEY’S OFFICE RECOMMEND APPROVAL OF THE ABOVE MOTION.
On January 19, 2021, in accordance with the Broward County Procurement Code Section 21.14 (d)(4), the Director of Purchasing approved Contract No. PNC2121018C1 between Broward County and Acosta Tractors, Inc. (“Acosta”), for improvements to Wiles Road from University Drive to Riverside Drive (the “Project”). The improvements included reconstruction of Wiles Road from four to six lanes with Complete Streets elements including designated bicycle lanes, sidewalks, drainage, lighting, signalization, landscaping, and irrigation improvements.
Construction was substantially completed on February 16, 2024. During construction, Acosta asserted claims against the County for damages due to alleged delays in the completion of the Project, additional and unpaid work performed, utility conflicts, and release of retainage. County asserted a claim against Acosta for liquidated damages due to delays in the completion of the Project.
The County and Acosta have engaged in negotiations to amicably resolve all claims asserted against one another relating to the Contract and the Project. As a result of the negotiations, the County, subject to Board approval, and Acosta agreed to the proposed settlement amount of $212,305 to be paid by the County to Acosta to settle all claims of both parties. The settlement amount of $212,305 is equal to the retainage for work performed by Acosta being held by the County. In addition, the proposed settlement will assign to Acosta the County’s rights to assert a claim strictly related to the alleged delays to the Project’s schedule caused by utility companies that own or maintain utilities in the Project limits, which would enable Acosta to separately pursue those claims against those utility companies.
The terms of the attached Settlement Agreement were negotiated between Acosta and staff from the Highway Construction and Engineering Division and the County Attorney’s Office, both of which recommend approval of this settlement.
Source of Additional Information
Richard C. Tornese, P.E., Director, Highway Construction and Engineering Division, (954) 577-4579
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
Funds for the settlement amount of $212,305.48 are available in the Wiles Road Project Budget, Fund 30115-30115-61502020-560505-104026.