Subject:
Title
Approval, Re: Delegation of Authority to the County Manager, to Utilize Any and All Available Options to Protect the Interests of the County and to Complete the Wickham Road at Pineda Causeway Intersection Improvements Project - District 4
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Fiscal Impact:
The current contract amount, as adjusted by authorized change orders, is $913,545.51. To date, All County Paving has received $445,635.97 in payment. The remaining balance of the Contract, including withheld retainage, is $467,909.54.
Dept/Office:
Public Works Department / Transportation Construction Management
Requested Action:
Recommendation
It is requested the Board of County Commissioners: 1) approve and authorize the County Manager, to exercise any and all options provided for under the Contract as a result of Termination for Cause; 2) authorize the County Manager, to execute any necessary documents to effectuate such options, including, but not limited to, filing of any necessary legal action(s) against M&M Asphalt Maintenance, Inc. d/b/a All County Paving and/or the Surety (Gray Casualty & Surety Company), as appropriate, contingent upon approval by the County Attorney’s Office, Risk Management, and Purchasing Services, with any settlement agreements resolving the matter to be brought back to the Board for final approval; 3) pursuant to Section 255.20(1)(c)8., Florida Statutes, find that it would be in the County’s best interest if the remaining work associated with the Project was completed by County forces; and 4) authorize the County Manager to execute all necessary Budget Amendments (BCRs).
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Summary Explanation and Background:
Sealed (low) Bid #6-25-11 was awarded to M&M Asphalt Maintenance, Inc., d/b/a All County Paving, on December 6, 2024, for the construction of the Wickham Road at Pineda Causeway Intersection Improvements (the Project) in the amount of $899,880.62. Notice to Proceed was issued on April 1, 2025, for construction commencement. The Project was to be substantially complete (beneficial occupation) by August 6, 2025, and final completion was to be achieved by October 5, 2025. In 2025, due to delays by All County Paving, the County issued three (3) Notices of Failure to Perform per Article 33.1 of the Contract addressing All County Paving’s failure to perform continuously with sufficient workers, equipment, and materials to ensure the prompt completion of the work. Multiple meetings were also held between the County and All County Paving to resolve the failures, delays, construction work not built per plan, and workmanship issues. On February 13, 2026, the County met with All County Paving and their Surety to discuss unsatisfactory and deficient work performed by All County Paving. Instances of such work include installation of structures at incorrect elevations or locations, improper installation temperatures of asphalt and inadequate pavement cross slope construction leading to a deficient roadway, and failing to properly compact and test some materials. After the meeting, the County issued Notice of Failure to Perform #4, establishing an updated Final Completion date of March 13, 2026. This Notice also included an extensive list of outstanding work. While agreeing to the date, All County Paving failed to complete the project by the updated date.
On March 20, 2026, the County issued a Notice of Termination for Cause, directing that all components of work per the Contract and Notice of Failure to Perform #4 shall be completed by April 14, 2026. If Project tasks are not completed, Termination shall be effective on April 14, 2026, at 11:59 p.m. If All County Paving fails to meet this deadline, the Contract allows the County to:
• Take the prosecution of the work out of the hands of All County Paving;
• Appropriate or use any or all materials and equipment on the grounds as may be suitable and acceptable;
• Enter into an agreement with another contractor for the completion of the work; or
• Use such other methods as, in the opinion of the Owner (County), shall be required for the completion of the work in an acceptable manner.
Per the Contract, all costs and charges incurred by the County together with the costs of completing the remaining work shall be deducted from any monies due to All County Paving. If incurred costs exceed what was due to All County Paving, All County Paving and the Surety shall be liable for the difference and shall pay the County the amount of such excess.
Clerk to the Board Instructions:
Return a copy of this approval to the Public Works Department and the County Attorney’s Office.