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s <br />F� <br />DISCUSSION REGARDING DISQUALIFICATION OF SCHOPKE CONSTRUCTION <br />COMPANY AS AN ACCEPTABLE BIDDER <br />Chairman Eggert asked Mr. Schopke if he would like to go <br />forward with this today or wait until the meeting of August 4 when <br />all four Commissioners will be present, and. Mr. Schopke stated that <br />he wished to go forward today. <br />Assistant County Attorney Terrence O'Brien referred to the <br />following letter received from Mr. Schopke's attorney, Bruce W. <br />Jacobus and presented staff's recommendations of 6/25/92: <br />General Contracting o Contract Management <br />Underground Utilities C ; Claims Administration <br />En ine ' ces I114C <br />Engine Disbursement Rev�.ews <br />SCHOPKE CONSTRUCTION & ENGINEERING, INC. y. <br />t./6f 1620 TANGERINE STREET * MELBOURNE; FLORIDA b ' M us -r <br />t <br />RFC 1,992 , PHONE (RG A012794 ENG. 7-9354 e # 87,2 23.129 ,' M� iz. i " <br />e Fi I :rel MtW <br />� <br />n �f0*1 <br />FAS F Personnel - <br />�,�:�'` PuNiC Works � <br />In z River County Community 001. <br />Board of County Commissioners Utilities ' <br />Vero Beach, Florida 32960 Finance <br />Other - <br />REF: INDIAN RIVER COUNTY v. SCHOPKE CONSTRUCTION <br />& ENGINEERING, INC., -Pt. al. <br />Dear Commissioners: <br />As you may know, Indian River County has brought suit against <br />Schopke Construction & Engineering, Inc., for the alleged defects <br />in the electronic system of Phase II of the Indian River County <br />Jail. Schopke Construction has filed a Third -Party Complaint <br />against those responsible for the defects; that being, Norman K. <br />Dean, Inc., and its bonding company, Integon Indemnity Corporation, <br />Electronic Control Security, Inc., the manufacturer of the electronic <br />panel, and W.R. Frizzell Architects, Inc., the architectural company <br />who provided the design and specifications for the electronic <br />system. Schopke's contract was directly with the County and, there- <br />fore, Schopke legally has liability, although its liability is <br />vicarious; that is, it is liable because one or all of the Third - <br />Party Defendants did not comply with the plans and specifications <br />in the installation and manufacturing of the electronic control <br />system. <br />There have been numerous hearings in this case by the various <br />parties to get the pleadings in order, and to move on in the discovery <br />phase. Judge Smith has recently Court Ordered a mediation of this <br />matter to be set in the near future. <br />The County Attorney has requested on two occasions that Schopke <br />admit liability in this case by Stipulation or be forever barred <br />from doing business in Indian River County. My attorney and I met <br />with the County Attorney and advised him that we could not stipulate <br />to liability as that could prejudice our case against the Third -Party <br />57 <br />r� <br />P K fr,t <br />A <br />