Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY - ADD ON
Meeting Date: April 19, 2001
Division:
Public Works
Bulk Item: Yes
No
x
Department: Engineerino
AGENDA ITEM WORDING: Approval of a Memorandum of Understanding with Hartford
Accident & Indemnity Company regarding Marathon Community Park.
ITEM BACKGROUND: Hartford Accident & Indemnity Company (Hartford) is the bonding
company responsible for guaranteeing completion of the park. When the original contractor,
General Kantrax, defaulted, Hartford stepped in to complete the project using a contractor named
de Oplossing, Inc. Work has proceeded expeditiously and the park will be officially open on
Saturday, April 21, 2001. There are some outstanding issues that need to be resolved and that is
why this r'1emo of Understanding is needed. Most notably, are the liquidated damages incurred
and the (~xtra work requested by the County. Hartford has cooperated with the County in
performin] the extra work and completing the project without dispute or delay.
PREVIOUS RELEVANT BOCe ACTION: None on this issue
CONTRAi:T I AGREEMENT CHANGES: None, this is a new document
STAFF RI:COMMENDATIONS: Approval pending legal review
TOTAL COST: 0
BUDGETED: Yes
No
COST TO COUNTY: -L
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR_
APPROVED BY: County Atty,_ OMBjPurchasing _ ~k M~ent
Item Prepared By: dd ~
Stephanie COffer, Construction Mana Davi el, P.E., County Engineer
.....
DIVISION DIRECTOR APPROVAL:
't '7 k:J /
DOCUMENTATION: Included -L To follow
Not required
DISPOSITION:
AGENDA ITEM #
I-Cd')
MONROE COUNlY
CONSTRUCTION MANAGEME~ .
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APR 12 2uul
tRIE: ~
RE';EIVED BY: .2..2
April 12, 200 I
Bender & Associates
A R 'e ][-'[ :[ TEe T S
fi.ii.
Mr. David Koppel
rvlonroe County Engineering
5100 College Road
Key West, FL 33040
RE: Marathon Park
Request for Change Order and Memorandum of Understanding
Dear David,
Enclosed is Hartford's Memorandum of Understanding.
Reduced to the simplest terms, the Memorandum of Understanding is a request by the Hartford to
be released from excessive liquidated damages. They propose to compensate Monroe County
through park improvements as listed in the Memorandum of Understanding as "Contractor's
Outstanding (. hange Order Requests". This is a fair and reasonable offer and I recommend
execution of the agreement.
The above recommendation is made with consideration given to the following:
1. De Oplossing and Hartford have proceeded with the referenced work items in good faith.
2. De Oplossing and Hartford have made corrections to work previously installed by General
Kantrax, Inc. that is beyond the scope of what was requested of them by us.
3. De Oplossing and Hartford have endeavored to expedite completion of the park through due
diligence, prompt payment of previous amounts due subcontractors, providing park access
from Ocean Drive for future use upon opening, and overtime.
4. De Oplossing and Hartford have worked to resolve conflicts quickly and replaced
subcontractors who were not cooperative or performed poorly.
5. Execution of the Memorandum of Understanding will avoid litigation and work stoppage that
will further..delay opening of the park.
6. The proposed Memorandum of Understanding is the logical result of our November meeting.
At that meeting with the County Attorney, following the General Kantrax, Inc. request for
assistance from the Surety, we discussed the possibility of reduced qr no liquidated damages
if the Hartford moved quickly to resolve completion of the park. I believe they have done
that.
410 Angela S treel
KeyWest,Florida33040
Tel e p h 0 n e (3 0 5 ) 2 9 6 - 1 3 4 7
Fa c s i mil e (30 5 ) 296 - 2 7 27
FloridaLicenseAAC002022
Marathon Park
Request for Change Order & Memorandum of Understanding
April 12,2001
Page 2 of2
7. Ifwe do not execute the Memorandum of Understanding, then we must act on the Request
for Change Order by approving, modifYing, or denying, with failure to approve potentially
leading to litigation.
In consideration of the above, I recommend execution of the Memorandum of Understanding. In
the interest of prompt resolution of this issue, I have copied the County Attorney.
Please call if y( >u need anything.
;i~
Bert L. Bender, Architect
BLB/ddk
cc: Stephanie Coffer, Bill Harrington, Bob Stone, Dent Pierce, Rob Wolfe
Jan Hunnicut, Wayne Wallace
George Neugent, BOCC as needed to comply with County policy
~Sing,'nc.
Memorandum of Understandine:
Date:
April 9, 2001
Project No.
Project:
Owner:
Architect:
COli tractor:
rvlarathon Community Park, US - ], MM49, Marathon, FL 33050
Board of County Commissioners Of Monroe County, Florida
5100 College Road, Key West, FL 33040
Bender & Associates, 410 Angela Street, Key West, FL 33040
9824A
de Oplossing, Inc. for General Kantrax, Inc.
3939 Roswell Road, Suite 350, Marietta, GA 30062
21-0042
To: Dave Koppel, Monroe County Engineer
From: W. Jan Hunnicutt, de Oplossing, Inc.
Hartford Accident & Indemnity Company (Hartford) and de Oplossing, Inc., desire to reach an agreement on various
contractual issues, including our request for waiver of all liquidated damages. As you know de Oplossing has several
outstanding Change Order Request (COR) and the Owner is due credits for work deleted. The following is a summarizes the
outstanding COR's and the credits due the Owner:
Contractor's Outstandil1l! Chanl!e Order Request:
COR
. 13
. 14
. ]6
. 18
. 19
. 20
. 21
. 22
Description
Steel Casement for Injection Wells
Welding Spiral Staircase .
Add 60 ft of6 ft High Wood Fence
at Sewerage Treatment Plant
Add 2 - 9 ft x 72 ft Concrete Pads for
Bleachers at Baseball Fields
Add 5 ft walk along Tennis Courts
Add two (2) Irrigation Zones Along
East Asphalt Pathway
Add ]2,000 sq.ft. of Sod along Ocean
Side of Parking Lot in Drainage Swa]e
Misc Asphalt Patching - Repairs and SeaJcoat of All Aspha]t Surfaces
Credits Due the Owner:
Credit
. 4" x 4" guard rails along Wood Walkway
. 8" x 8" x ]2 ft PT Rough Sawn #2 Columns
Owner Al!reement and Waiver of Liquidated Damalles:
As we have discussed previously, the Hartford and de Oplossing are proposing to forego the cost incurred in performing the
work involved in the COR's in return for the Owners agreement to the following:
1. T'lat No Liquidated Damages be Assessed.
2. 11at the Contractor Complete all Outstanding Contract items
3. hat the Contractor Complete all Punch List items established by the architect and accepted by the Owner and
t e Contractor.
4. 'I lat the Contractor be assessed No Cost for Water - past, present or future.
5. T,lat the Hartford's Pay Application be paid in full Twenty (20) days after Substantial Completion.
The Hartford and de Oplossing intend that the requirements of the construction documents be performed to acceptable
standards as agreed to between the Architect and the Contractor.
Hartford and de Oplossing agree not to seek any additional compensation beyond the final payment following completion of
the punch list and waive any and all claims they may have against Monroe County, either in their own capacity or as
subrogees of General Kantrax, Inc.
If the above is acceptable to the Owner, we ask that you have the notarized signature of the Owners's legal Representative
sign the 2 copies of this Memorandum of Understanding and return both copies to de Oplossing, Inc. for Hartford's notarized
signature.
Dakd:
Note: If this agreement is executed by corporation,
it must be signed by an officer and if executed by a
partnership, must be signed by a partner.
Owner: Board of County Commissioners
of Monroe County, Florida
By
No ary Public
Title
Address
State of
County of
The foregoing instrument was acknowledged before me this _ day of
the
2001 by
on behalf
of the
Dated:
Note: If this agreement is executed by corporation,
it must be signed by an officer and if executed by a
partnership, must be signed by a partner.
Contractor / Surety: Hartford Accident
& Indemnity Co.
By
Notary Public
Title
Address
State of
County of
The foregoing instrument was acknowledged before me this _ day of
the
2001 by
on behalf
of the Comoanv