04/18/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
MEMORANDUM
DATE:
May 9,2001
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanco~
Deputy Clerk U
FROM:
At the April 18, 2001, Board of County Commissioners meeting the Board granted
approval and authorized execution ofa Memorandum of Understanding with Hartford Accident &
Indemnity Company regarding Marathon Community Park. General Kantrax, defaulted, Hartford
stepped in to complete the project using a contractor named de Oplossing, Inc.
Enclosed is a copy of the above mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
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Risk Management wlo document
County Attorney
Finance
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Memorandum of Under stan dine
Date:
April 9, 2001
Project No.
Project:
Owner:
Architect:
Contractor:
Marathon Community Park, US -1, 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. lan 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 Outstandinl! Chanl!e Order Request:
COR
. 13
. 14
. 16
. 18
. 19
. 20
. 21
. 22
Description
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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 12,000 sq. ft. of Sod along Ocean
Side of Parking Lot in Drainage Swale
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 Al!reement and Waiver of Liquidated Damal!es:
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.
State of
County of
7er: :~ard of County Commissioners
~Monroe~ty..". (f-G-
Title
Address
N\A'-(OR-
SloO C.r1~J::
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of the
The foregoing instrument was acknowledged before me this _ day of
the
2001 by
on behalf
State of ~ \~ '\ ~~
County of ~,~
The foregoing instrument was acknowledged before me this ~ day of
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of the Company
Dated: 1.\ - \ ~ -() \
Note: Ifthis 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 ~ ~~
WJC:ft. JIM
Contractor / Surety: Hartford Accident
& Indemnity C
By
~QW 2001 by
on behalf
~\~~
OFFICIAL NOTb.RY SEAL
VICKY PHIS
NOl'ARY PUBUC srATE OF FLORIDA
COMM1SSION NO. CC861500
MY c;oMM1SSIQN EXP. AUG. 30
VIQCT ~