04/18/2001 Agreement_ e Opiossing, Inc.
Memorandum of Understanding
Date: April 9, 2001
Project: Marathon Community Park, US — 1, MM49, Marathon, FL 33050
Owner: Board of County Commissioners Of Monroe County, Florida
5100 College Road, Key West, FL 33040
Architect: Bender & Associates, 410 Angela Street, Key West, FL 33040
Contractor: de Oplossing, Inc. for General Kantrax, Inc.
3939 Roswell Road, Suite 350, Marietta, GA 30062
To: Dave Koppel, Monroe County Engineer
From: W. Jan Hunnicutt, de Oplossing, Inc.
Project No.
9824A
21-0042
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 Outstanding Change Order Request:
COR
Description
13
Steel Casement for Injection Wells
14
Welding Spiral Staircase
• 16
Add 60 ft of 6 ft High Wood Fence
at Sewerage Treatment Plant
18
Add 2 — 9 ft x 72 ft Concrete Pads for
Bleachers at Baseball Fields
• 19
Add 5 ft walk along Tennis Courts
20
Add two (2) Irrigation Zones Along
East Asphalt Pathway
21
Add 12,000 sq.ft. of Sod along Ocean
Side of Parking Lot in Drainage Swale
• 22
Misc Asphalt Patching — Repairs and Sealcoat of All Asphalt Surfaces
Credits Due the Owner:
Credit
4" x 4" guard rails along Wood Walkway
• 8" x 8" x 12 ft PT Rough Sawn #2 Columns
Owner Agreement and Waiver of Liquidated Damages:
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. That No Liquidated Damages be Assessed.
2. That the Contractor Complete all Outstanding Contract items
3. That the Contractor Complete all Punch List items established by the architect and accepted by the Owner and
the Contractor.
4. That the Contractor be assessed No Cost for Water — past, present or future.
5. That 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.
t is � e uted by corporation, O er: Board of County Commissioners
officer and if executed by a of Monroe County, FI r'
ned by a partner.
OZ
0
NY L. KOL E, CLERK
Title M f}`(OFz
Address $too C. !% S 5- R-
DEP CLERK 1<4 Nlc s t -3
State of
County of
The foregoing instrument was acknowledged before me this
the
of the
Dated: q V b `
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.
Notary Public V �,—Cqt
7►lCIR ��
State of i G,
County of `(•C�f'��tl;��
day of 2001 by
on behalf
The foregoing instrument was acknowledged before me this 11� day of 1 C 2001 by
W o.�o. �G.r, VnNcne on behalf
of the Company
APRROVED AS TO FORM
T E A EGA SUF
\V\ � Eo,�,pkySEAL
TG OF FLORIDAO. CCO61500 B R R�OVE
XP. AUG. 30 _
ViCKV PrrM DATE