Broward County Commission Regular Meeting
Director's Name: Monica Cepero
Department: County Administration Division: Parks & Recreation
Information
Requested Action
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MOTION TO APPROVE Settlement Agreement between Broward County and West Construction, Inc., to resolve all claims and disputes between the parties concerning Contract No. PNC2120563C1 for the Splash Pad at Vista View Park; 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 West Construction, Inc., associated with Contract No. PNC2120563C1.
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Previous Action Taken
None.
Summary Explanation/Background
THE PARKS AND RECREATION DIVISION AND THE COUNTY ATTORNEY’S OFFICE RECOMMEND APPROVAL OF THE ABOVE MOTION.
On or about December 16, 2020, Broward County (the “County”) entered into Contract No. PNC2120563C1 (the “Contract”) with West Construction, Inc. (“West”) for the construction of a new zero-depth splash pad, related amenities, and site improvements at Vista View Park (the “Project”).
During performance of the Contract, disputes arose between the County and West regarding payment and completion of the Project. West asserted claims against the County for unpaid work performed and for the release of retainage. The County asserted claims against West for defective work and untimely performance of the Project.
The County and West engaged in negotiations in an effort to amicably resolve all claims and disputes asserted by the County and West relating to the Project. As a result of those negotiations, and subject to Board approval, the County and West agreed to West providing County with a credit of approximately $50,000 off West’s final payment application of $176,146, resulting in a final payment to West by the County of $126,456 in full and final settlement of all claims and disputes relating to the Project. Pursuant to the terms of the proposed Settlement Agreement, the County expressly reserves claims for latent defects and warranty claims.
The Parks and Recreation Division and the County Attorney’s Office recommend approval of this motion.
Source of Additional Information
Dan West, Director, Parks and Recreation Division, (954) 357-8106
Fiscal Impact
Fiscal Impact/Cost Summary
The settlement payment to West Construction, Inc. will be made from the Splash Pad at Vista View Park Capital budget.