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RESOLUTION APPROVING THE SETTLEMENT AGREEMENT OF THE LAWSUIT BETWEEN LEMARTEC ENGINEERING AND CONSTRUCTION CORPORATION AND MIAMI-DADE COUNTY, CIRCUIT COURT CASE NO. 06-27367 CA 30, IN THE AMOUNT OF $1,176,524.17 RELATING TO THE CONSTRUCTION OF MIAMI-DADE FIRE RESCUE EAST KENDAL STATION 13 PROJECT NO. DB03-FIRE-04, CONTRACT NO: MDFR-EKLOG-01-02; AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

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Date:

To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

From: George M. Burgess
County Manager,

R. A. Cuevas, Jr.,
County Attorney

Subject:Claims Settlement Agreement with Lemartec Engineering and Construction Corporation and Miami-Dade County, relating to the construction of Miami-Dade Fire Rescue East Kendall Station 13 and Logistics Complex, Project No. DB03-FIRE-04, Contract No. MDFR-EKLOG-01-02.

..RECOMMENDATION:
It is recommended that the Board approve the attached settlement agreement between Miami-Dade County and Lemartec Engineering and Construction Corporation relating to the construction of Miami-Dade Fire Rescue East Kendall Station 13 and Logistics Complex, Project No. DB03-FIRE-04, Contract No. MDFR-EKLOG-01-02 in the amount of $1,176,524.17, with a time extension of 214 days, to November 8, 2007.


SCOPE:

FISCAL IMPACT/FUNDING SOURCE:
This settlement is for $1,176,524.17 and will be funded by Fire Impact Fees, Developer Fees/Donations, 1994 Fire Rescue District Bonds and 2002 Capital Asset Acquisition Bonds.

Original Previous
Contract Adjustments Current
Values to Values Current Totals Total Paid Balance
Base: $6,778,084.00 $0.00 $6,778,084.00 $6,659,467.52 $118,616.48
Contingency: $250,000.00 $0.00 $250,000.00 $247,945.27 $2,054.73
Dedicated: $233,202.10 $0.00 $233,202.10 $130,211.37 $92,990.73
Totals: $7,251,286.10 $0.00 $7,251,286.10 $7,037,624.16 $213,661.94

Original Contract Previous Adjustments
Duration to Duration Current Totals
Base Duration: 500 112 612
Contingency: 50 0 50
Total Duration: 550 112 662

TRACK RECORD/MONITOR:
The CIIS contains three (3) contracts with Miami-Dade Fire Rescue (MDFR) with one evaluation filled out for a rating of 2.7 points out of a possible 4 points. The MDFR project manager for this project is Alfonso Ledo.

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The East Kendall Fire Rescue Station No. 13 was approved by the voters as part of the 1994 Special Obligations Bond. This bond issue was to provide financing to construct ten fire rescue stations, a new headquarters building and a training facility. Due to land acquisition difficulties, the East Kendall station is the last of the 1994 Bond issue stations to be completed. After numerous attempts to purchase land a suitable location was not found and MDFR decided to construct the facility at the previous MDFR Headquarters Building, which was within the territory of the planned station. Due to the size of the property, it was decided to locate the new Logistics Division Offices and Supply Warehouse at the same site. A County Site Review Committee memorandum indicated that the site was currently permitted by DERM for fuel storage tanks when in fact it was not, resulting in significant construction and permitting delays. Change Order No.1 granted time only (112 days) and was a result of these permitting delays and additional requirements by the reviewing agencies. As a consequence of these requirements and other unforeseen conditions encountered at the site once construction began, Lemartec Engineering and Construction requested additional funds to cover the increase in costs and additional time to cover delays. After lengthy negotiations, Lemartec filed a lawsuit in December 2006 titled Lemartec Engineering and Construction Corp. v. Miami-Dade County, Case No. 06-27367 CA 30, now pending before the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida (�Lawsuit�). In the Lawsuit, Lemartec asserts six counts and seeks additional compensation in connection with the Project. Specifically, in the Lawsuit, Lemartec requests an award of damages in excess of $1.3 million dollars. The Settlement Agreement settles all the claims asserted in the Lawsuit and also other claims asserted by Lemartec that are not a part of the Lawsuit. In the Settlement Agreement, Lemartec fully releases and waives and any and all claims, disputes and causes of action arising out of or in connection with the Project, the work and the Lawsuit.

Approval of this settlement agreement will increase the construction cost of the 62,000 square foot East Kendall Station 13 & Logistics Complex from $117 to $134 per square foot. The total cost of the project, including demolition of the previous MDFR headquarters building, the design criteria professional services agreement, the construction contract and settlement and purchase and installation of office systems furniture and telecommunications infrastructure, is $9,411,047, or $152 per square foot.


PROJECT NAME: Miami-Dade Fire Rescue East Kendall Station 13

PROJECT NO.: DB03-FIRE-04

CONTRACT NO.: MDFR-EKLOG-01-02

PROJECT DESCRIPTION:
The work consists of the design and construction of a typical one story fire-rescue station, and an adjacent two story office and warehouse facility for the Miami-Dade Fire Rescue Department, approximately 62,000 square feet, to be constructed on County-owned property.

PROJECT LOCATION: 6000 SW 87 Avenue, Miami, Florida.

APPROVAL PATH: Board of County Commissioners

USING DEPARTMENT: Miami Dade Fire Rescue

MANAGING DEPARTMENT: Miami Dade Fire Rescue

PRIME CONTRACTOR: Lemartec Engineering and Construction Corporation

COMPANY PRINCIPAL(S): Jose J. Garcia-Tu�on

COMPANY QUALIFIER(S): Jose J. Garcia-Tu�on

COMPANY EMAIL ADDRESS: [email protected]

COMPANY STREET ADDRESS: 4800 SW 74 Court, Miami, FL 33155

COMPANY CITY- STATE- ZIP: Miami, Florida 33155

YEARS IN BUSINESS: 24

PREVIOUS CONTRACTS 3- totaling $ 10,772,415.75
WITH COUNTY IN THE
PAST 5 YEARS:

CSBE CONTRACT MEASURES: 29%

CSBE ACHIEVED: Goal Met

SUBCONTRACTORS AND
SUPPLIERS (SECTION 10-34
MIAMI DADE COUNTY CODE: Solares Electric