www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 3, 2014
June 3, 2014 - Regular Meeting
Agenda Item #9


Subject
Settlement Agreement and Mutual Release between Balfour Beatty Construction, LLC and Manatee County concerning the EOC Roof.

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
James A. Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, Ext. 3750

Action Requested

Motion to authorize the Chairman to execute the attached Settlement Agreement and Mutual Release between Balfour Beatty Construction, LLC and Manatee County concerning the Emergency Operations Center Roofing System.



Enabling/Regulating Authority
Chapter 125.01, Florida Statutes.

Background Discussion

   The Emergency Operations Center roof contains defects that are in the process of being repaired by Sutter Roofing of Florida. A Mitigation, Access, and Settlement Agreement with Manatee County and Sutter Roofing was approved by the Board on May 20, 2014. The attached Settlement Agreement and Mutual Release will satisfy and release Balfour Beatty Construction, LLC ("BBC") from all claims arising out of the EOC roof system that was originally constructed by BBC as the General Contractor. The Agreement consists of the following principal terms:

  • BBC will pay Manatee County $50,000.00 for its share of the repairs to the EOC roof in complete settlement of any and all claims against it arising out of the alleged defects in the EOC roof.
  • Manatee County will contract for the remedial work and BBC will have no part in or liability for the selection, management, or repair of the roof.
  • There is a specific exemption for Manatee County to pursue an independent action for a claim arising out of the negligent design of the plans and specifications used to construct the original EOC roof.
  • A mutual release by the parties absolves each party from any claim by the other.

   The County Attorney's Office recommends the approval of the Settlement Agreement.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
See attached Settlement Agreement and Mutual Release.

Reviewing Attorney
Minix

Instructions to Board Records

Please return a fully executed copy of this agenda item with its attachments electronically to: joann.grace@mymanatee.org.
Thank you.



Cost and Funds Source Account Number and Name
$50,000.00 paid to Manatee County

Amount and Frequency of Recurring Costs
One-time payment


Attachment:  Agreement 20140527141342850.pdf