R07-137
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2 RESOLUTION NO. R07 - /37
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING AND AUTHORIZING THE MAYOR
7 AND CITY CLERK TO EXECUTE AN
8 AMENDMENT TO THE CONSTRUCTION
9 CONTRACT BETWEEN THE CITY OF BOYNTON
10 BEACH AND SOUTH EAST DRILLING SERVICES,
11 INC., FOR THE EAST PLANT EXPANSION TEST
12 WELLS; AND PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, during the course ofthis Contract, the City elected to delete some of
15 the original bid items; and
16 WHEREAS, a dispute regarding payment for what SED believes to be equitable
17 compensation for the work performed and work not performed has arisen; and
18 WHEREAS, the execution of the Amendment allows the CITY and SED to
19 proceed to close out the Contract, while each party reserves any of their respective claims
20 and defenses; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens
23 of the City of Boynton Beach to approve the Amendment to Construction Contract
24 between the City of Boynton Beach and South East Drilling Services, Inc.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
31 approves and authorizes the Mayor and City Clerk to execute an Amendment to
S:\CA\RESO\Agreements\SED Amendment ASR2.doc
1 Construction Contract between the City of Boynton Beach and South East Drilling
2 Services, Inc., a copy of said Amendment to Construction Contract is attached hereto as
3 Exhibit "A".
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24 ATTEST:
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Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this ~o day of November, 2007.
CITY OF BOYNTON BEACH, FLORIDA
,/ :-\2.
~~-~
F~or-~
Commissioner ~ Woodrow L. Hay /
.7/1~ ~
Commissioner - Marlene Ross
S:\CA\RESO\Agreements\SED Amendment ASR2.doc
R01- t~1
AMENDMENT TO CONSTRUCTION CONTRACT
~~ebei
This Amendment dated the ~ day of , 2007 to that certain
Construction Contract dated April 5, 2005 by and between the City of Boynton Beach, a
municipal corporation of Florida, hereinafter called the "CITY" and South East Drilling
Services, Inc., hereinafter called "SED".
WHEREAS, on or about April 5, 2005, CITY and SED entered into a Contract for
Construction Services for the East Plant Expansion Test Wells and Aquifer Storage and
Recovery Well Two, Bid NO. 016-282l-005/JA; Project NO. WTR093 and WTR108
("Contract"); and
WHEREAS, the project has been certified as being substantially complete on May
9,2007; and
WHEREAS, on April 27, 2007, SED, through its counsel, Broad & Cassel,
submitted a Request for Equitable Adjustment; and
WHEREAS, a dispute exists between the CITY and SED relative to the request
for equitable adjustment and other items including the CITY's claim for liquidated
damages of $56,000.00, field change directive (FCD) NO. 20, (FCD) NO. 37 and (FCD)
NO. 38 which has interfered with the parties' ability to close out the Contract; and
WHEREAS, the Contract does not authorize submission of redline applications
for payment; and
WHEREAS, the parties desire to amicably resolve certain issues, while reserving
any and all rights either party may have under the Contract; and
NOW THEREFORE, in consideration of the mutual promises, undertakings and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The aforementioned "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct.
2. This Agreement is entered into with a full reservation and without
prejudice to any right either party may have under the Contract or as otherwise provided
by law. In order to close out the Contract, the parties agree as follows:
a. The parties will execute (FCD) NO. 20. The Contract amount will
therefore be reduced by $9,088.65. A copy of (FCD) NO. 20 is
attached hereto as Exhibit "A."
b. The parties will execute (FCD) NO. 37. A copy of (FCD) NO. 37 is
attached hereto as Exhibit "B." The parties agree that the total value
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of work for (FCD) NO. 37 is $33,396.00. The CITY has agreed to a
Contract time extension of 14 days. SED disagrees with the 14 day
extension granted by CITY, and reserves the right to contest this
determination.
c. The parties will execute (FCD) NO. 38, a copy of which is attached
hereto as Exhibit "e." (FCD) NO. 38 seeks to impose liquidated
damages of $56,000.00 against SED in accordance with the Contract,
which SED contests.
3. The parties will execute the Application and Certificate for Payment No.
16, a copy of which is attached hereto as Exhibit "D." The Engineer's certificate for
payment is without prejudice to any and all rights the CITY may have in accordance with
the Contract. The Engineer's certificate merely establishes that SED has satisfied the
technical requirements of the Contract. Engineer has certified to the CITY that the
quantities are accurate and therefore SED is entitled to payment for the Contract items set
forth therein. The CITY's payment to SED in accordance with the application for
payment, including but not limited to release of the retainage is without prejudice to the
CITY's rights under the Contract and otherwise as provided for by law.
4. In executing this Amendment to Construction Contract SED and CITY
reserve all rights to claims and defenses to such claims not previously waived pursuant to
the Contract or otherwise by law, and the parties agree that the execution of this
agreement or the execution of the three FCD's referenced in paragraph two above shall
not act as a waiver of any such claim, right or defense.
5. To the extent not amended herein, the Contract documents remain in full
d effect.
CITY
BY:
'tn.
~
Y L. EZROL, ASSISTANT CITY ATTORNEY
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C:\Docurnents and Settings\Sonya Ziegler\Local Settings\Ternporary Internet Files\Content.1E5\SDHGJ8TS\AMENDMENT TO
AGREEMENT. doc
WITNESSES:
CONTRACTOR
Southeast Drilling Services, Inc.
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(Print N '
ATTEST:
,
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SECRETAR
STATE OF FLORIDA )
)SS
COUNTY OF BROW ARD )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared to ~ 7.1?'~. ( as \At- ec., I do n+
of South East Drilling Services, Inc. and ackn ledged they executed the foregomg
Agreement as the proper official of CONSULTANT, for the use and purposes mentioned in
it and that the instrument is the act and deed of CONSULTANT.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this rr day of~\re.( ,2007.
11". ~
aiV'..... \> ~,v.<\O^ "")
NOTARY PUBLIC
.P.~~ TINA P. GARRISON
_ MY COMMISSION # 00254597
"",,:;" EXPIRES: January 19,2008
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