Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 7/6/2016 
Agenda Category:RESOLUTION

Subject: Resolution authorizing settlement of The Murphy Construction Co., Plaintiff vs. City of Riviera Beach, Defendant - Case No.: 50 2015CA007198XXXXMB AG.

Recommendation/Motion: 

Approve the settlement.


Originating Dept City Attorney's Office  Costs $177,638.16 
User Dept.All Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

This case stems from a contract between Murphy Construction Company and the City concerning the installation of floating docks at the Marina during Phase II of the marina redevelopment which took place between 2012-2014. Marinetek was the contractor hired to manufacture the docks and  Murphy Construction Company was hired to install the docks.   Unfortunately, Marinetek encountered difficulties in completing the job which caused Murphy Construction to fall behind.  Murphy Construction submitted change orders to the City but the change orders were not to the satisfaction of the City and its consultants and so they were not approved.  After several months of negotiations, Murphy Construction sued the City.  The case was fast tracked by the court and the trial is currently scheduled to occur in late summer.  In the meantime, the parties went to court ordered mediation on April 29, 2016, and after negotiating all day, reached a tentative settlement agreement.  Thereafter, a closed executive session was held with city council to discuss the proposed settlement.  Staff negotiated further with Murphy who agreed to the terms discussed in closed session.  The settlement will be sent to council under separate confidential cover. 

 

Staff recommends that City Council approve the Settlement.

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
062716_THE_MURPHY_CONSTRUCTION_CO__settlement_resolution_for_July_7_mtg.docResolution Settlement Murphy Construction v City of Riviera Beach6/29/2016Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
AttorneyAnswererApproved6/29/2016 - 5:39 PM
City ManagerAnswererApproved6/29/2016 - 6:10 PM