Created : March 16, 2013 at 11:10 PM
August 05, 2003
Status:
Open Agenda
Approve the Settlement Agreement Between The School Board of Broward County, Florida and Decon Environmental & Engineering, Inc.
On January 23, 2001, Decon Environmental & Engineering, Inc. ("Decon") was awarded six separate Contracts to perform "Design-Build Modular Classrooms work on behalf of The School Board at Broward Estates Elementary School (Project No. 0501-21-01), Lloyd Estates Elementary School (Project No. 1091-21-01), Park Ridge Elementary School (Project No. 1951-21-01), Sander_s Park Elementary School (Project No. 0891-21-01), Walker Elementary School (Project No. 0321-201-01) and Fairway Elementary School (Project No. 1641-21-01). Decon achieved final completion of all work at each of the foregoing schools.
On March 5, 2003, Decon submitted a claim to The School Board which was later amended to allege entitlement to damages in excess of $1,200,000.00 for many issues including payment for disputed change order work, claims for unforeseen conditions, not made known to Decon at the time of bidding, alleged delays and disruptions in performance of the work, out of sequence performance of labor, claims of subcontractors and suppliers, extended home office overhead, extended general conditions, interest and attorney_s fees. Retainage due Decon is not in dispute between the parties and will be paid separately from those Settlement Sums ($643,344.00) to be paid pursuant to the Settlement Agreement. In an effort to arrive at a resolution of the claim, the parties engaged in significant negotiations and exchange of information and have relied upon construction professionals in analyzing the Decon Claim in order to achieve an amicable resolution.
The School Board_s Cadre Counsel, Steven B. Lesser, Esq., recommends approval as a fair, reasonable and cost effective resolution of this claim.
The financial impact is $643,344.00.
Requested Action
Approve the Settlement Agreement Between The School Board of Broward County, Florida and Decon Environmental & Engineering, Inc.
Summary
On January 23, 2001, Decon Environmental & Engineering, Inc. ("Decon") was awarded six separate Contracts to perform "Design-Build Modular Classrooms work on behalf of The School Board at Broward Estates Elementary School (Project No. 0501-21-01), Lloyd Estates Elementary School (Project No. 1091-21-01), Park Ridge Elementary School (Project No. 1951-21-01), Sander_s Park Elementary School (Project No. 0891-21-01), Walker Elementary School (Project No. 0321-201-01) and Fairway Elementary School (Project No. 1641-21-01). Decon achieved final completion of all work at each of the foregoing schools.
On March 5, 2003, Decon submitted a claim to The School Board which was later amended to allege entitlement to damages in excess of $1,200,000.00 for many issues including payment for disputed change order work, claims for unforeseen conditions, not made known to Decon at the time of bidding, alleged delays and disruptions in performance of the work, out of sequence performance of labor, claims of subcontractors and suppliers, extended home office overhead, extended general conditions, interest and attorney_s fees. Retainage due Decon is not in dispute between the parties and will be paid separately from those Settlement Sums ($643,344.00) to be paid pursuant to the Settlement Agreement. In an effort to arrive at a resolution of the claim, the parties engaged in significant negotiations and exchange of information and have relied upon construction professionals in analyzing the Decon Claim in order to achieve an amicable resolution.
The School Board_s Cadre Counsel, Steven B. Lesser, Esq., recommends approval as a fair, reasonable and cost effective resolution of this claim.
School Board Goals
| Goal 4 - All stakeholders will work together to build a better school system. |
Financial Impact
The financial impact is $643,344.00.
Source of Additional Information
Steven B. Lesser, Esq., 954-765-8866
Edward J. Marko, Esq., 954-765-8866 null
Associated File Attachments
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* Settlement Agreement (Files) | |
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ExecutedCompleteCopy (Files) |