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Documentation_Regular_Tab 04_11/14/2019
Agenda Item #4. Regular Council wSTAFF MEMO Meeting: Regular Council - Nov 14 2019 Staff Contact: Jeremy Allen, Village Manager Department: Manager TITLE Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) SUMMARY: Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) 1. Emergency Medical Consultants, Inc. & Tequesta Fire Rescue PALS Proposal-Fire Department: $1,360.00/17 Maximum Participants; 2. State of Florida & Village of Tequesta Modification Subgrant Agreement-Fire Department: $N/A; 3. New Pig Corporation Credit Application-Water Distribution: $N/A; 4. Panera Bread Credit Application-Village Manager: $NIA; 5. Palm Beach County Supervisor of Elections Polling Location 1120 Agreement-Village Clerk: $N/A; 6. Palm Beach County Supervisor of Elections Polling Location 1078 Agreement-Village Clerk: $NIA; 7. Water Treatment Plant "'Upgrades Change Order No.1-Utilities. POTENTIAL MOTION / DIRECTION REQUESTED: This agenda item is respectfully submitted for your review and approval. ATTACHMENTS: EMC & TFR PALS Proposal-Fire Department Florida Emergency Management & Village of Tequesta Subgrant Agreement Modification-Fire Dept.1 New Pig Corporation Credit Application-Water Distribution & Storm Water Panera Bread Credit Application-Village Manager PBC Supv. of Elections Polling Location Agreement#1120-Village Clerk PBC Supv. of Elections Polling Location Agreement#1078-Village Clerk Water Treatment Plant Upgrades Change Order No. 1-Utilities Page 13 of 427 Agenda Item #4. • GF CI! TZr4 vP . Gf,, 0 J'. 9 i. 1,,\,p,,11. Cy COUN1 Memorandum To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manager ..------ f,,,` .- i--- From: James Trube, Fire Chief 0,-- IIIDate: October 21, 2019 Subject: Pediatric Advanced Life Support Refresher Course The attached agenda item is a Proposal to Render Services between Emergency Medical Consultants, Inc. and the Village of Tequesta for the instruction of the PALS Refresher Course. The execution of this proposal will enable the Paramedics of Tequesta Fire- Rescue to renew their PALS Certification. The cost of this course is $1,360. This amount has been budgeted for in the FY 19/20 Budget Acct. # 110-192-554.301. It is respectfully requested this proposal be executed to enable the recertification of the Paramedics in the field of Pediatric Advanced Life Support. • Page 14 of 427 Agenda Item #4. EMERGENCY MEDICAL CONSULTANTS INC. • Florida's Premier Provider Of Quality Medical Training Programs q Nationally Accredited and OSHA Programs r CEU Provider 1 Since 1988 1' PROPOSAL TO RENDER SERVICES Thank you for the opportunity to provide you with this proposal.We look forward to working with you in the future. Feel free to contact us should you have any questions. This proposal prepared by Shaun Fix of Emergency Medical Consultants, Inc.,597 SE Port St. Lucie Blvd.,Port St. Lucie, Florida,34984 is for Tequesta Fire Rescue,357 Tequesta Drive,Tequesta,FL 33469. Where as Emergency Medical Consultants, Inc. is a provider of professional medical education and Tequesta Fire Rescue,wishes to have such educational courses presented;the following is proposed: All faculty will be employees or contractors for EMC Inc&Tequesta Fire Rescue,will have no legal or financial responsibility for the faculty. Emergency Medical Consultants, Inc.hereby agrees to provide the following services: 1. Continuing education courses which meet national standards and/or Florida Board of Nursing"Contact hour" requirements.—as agreed upon with the education department. 2. All equipment required for the course 3. A pool of appropriately certified instructors 4. Maintenance of all cards,certificates, administrative duties and mandated record keeping 5. Other courses as requested at the prearranged discount prices 411) Tequesta Fire Rescue hereby agrees to provide the following: 1. Facility of appropriate size for approved number of participants 2. AV equipment as required per course—i.e.:computer, projector,sound(we can provide these if needed) 3• Cancellation information 5 days prior to course-less than 5 days will incur a$150.00 cancellation fee plus any non- refundable travel fees incurred. 4. Payment for program no later than 30 days from completion American Heart Association textbooks are not included in the price of the AHA BLS,ACLS or PALS courses. The AHA mandates that all participants have access to their textbook before,during,and after the course. Other National Certification programs(ENA,NAEMT,ITIS)have similar policies. Course&Price: PALS Refresher Course Flat fee of$1,360.00 for up to 17 participants.Additional participants$80 per person. Manual&Price:2015 PALS Textbook$49/ea.+$9.00 shipping(or bulk ship if needed) Date&Time:January 7,2020 Start time:8:30 a.m. Paramedics who miss the course at Tequesta Fire Rescue can be given a voucher to attend one of our other programs at another facility(within approx.5/months). By signing this,I hereby accept this proposal as a contract. For:Ern cgerI Me. • i ants Inc. • ForTequesta Fire Rescue fr 41Willegrrc. T-.0=sta Fire RescuescRepresentative Date: ' 0 —. P int d Name: .7 €4 .% A\v-^ • Dail: 10 1.41\‘C‘ (772) 878-3085 * Fax: (772) 878-7909 * Email: infi a medicalirainin�a.cc 597 SE Port Saint Lucie Blvd * Port Saint Lucie. Florida 34984 Visit Our Website... EMCmedicaltraining.com Page 15 of 427 Agenda Item #4. • PUBLIC RECORDS. In accordance with Sec. 119. 0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village' s custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney' s fees and costs pursuant to Sec. 119. 0701, Florida Statutes, and other penalties under Sec. 119. 10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village' s custodian of public records, in a format that is compatible with the Village' s information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440 , OR AT lmcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. • Page 16 of 427 Agenda Item #4. • Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general' s functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. • • Page 17 of 427 Agenda Item #4. • 11, OF T fQ�d' 1 vliefeh1:47781-kA f:a;• 0 Memorandum To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manager From: James Trube, Fire Chief ,,,, , wit'41' Date: October 21, 2019 Subject: Modification # Z0036-4 to Subgrant Agreement — Hurricane Irma The attached agenda item addresses a Modification to the Subgrant Agreement previously approved between the Division of Emergency Management and the Village of Tequesta regarding Hurricane Irma. This Modification reflects the increased Federal Obligated Cost Share which the State of Florida received for Hurricane Irma projects. This change raised the Federal percentage for all projects to 90%, with the remaining 10% coming from non-federal funds. This causes a reduction in our Local Share Cost from 12.5% to 5%. The attached Subgrant Agreement is required to receive the benefit of the cost share reduction on the local level. On behalf of the Village Manager and staff, this agenda item is submitted for your review and consideration. Your approval will authorize the Village Manager to execute the Modification in order to expedite reimbursement to the Village of Tequesta. • Page 18 of 427 Agenda Item #4. • MODIFICATION # Z0036-4 TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND TEQUESTA, VILLAGE OF This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division") and Tequesta, Village Of ("Sub-Recipient"), to modify Contract Number Z0036 , which began on 2017/09/04 ("the Original Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Original Agreement, pursuant to which the Division has provided a Subgrant to Sub-Recipient under the Public Assistance Program, including the payment of the original amount of the first obligated project worksheet; and, WHEREAS, when the Sub-Recipient desires to request funds from subsequently obligated project worksheets, the Sub-Recipient must modify the Original Agreement to include the additional funding; and, WHEREAS, these Subgrant Agreement Modifications are performed through a fully • executed Amendment to the Original Agreement; and, WHEREAS, these Modifications unnecessarily delay the reimbursement process; and, WHEREAS, the Subgrant Agreements executed for Hurricane Irma (DR4337), are the only Subgrant Agreements that require these Subgrant Agreement Modifications. NOW THEREFORE, in order to improve efficiency while keeping in compliance with State and Federal regulations the parties, in consideration of the mutual promises contained herein, agree as follows: 1. This Modification shall be the final amendment to the Original Agreement executed by the Sub-Recipient and the Division. 2. All subsequent project worksheets and project worksheet versions shall be incorporated into the Original Agreement upon obligation. 3. The Scope of Work, Attachment A to the Original Agreement, will continue to be updated to reflect Federal funding obligated and will continue to be incorporated herein by reference. 4. All previous provisions of the Original Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby amended to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 5. Section (C)(6), Modifications, of the Original Agreement, shall be amended to only read as, "Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement." • 6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Page 19 of 427 Agenda Item #4. • In WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below, SUB-RECIPIENT: Tequesta, Village Of By: Name n Title: TeceMq r °�'e'r\, \1 "iia cr Date: it? ! -aA 1 w DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date: 41110 • Page 20 of 427 Agenda Item #4. IIIcc aL8E CD2 § § 22 Eb a § a 2S �� i � AmA CO m �2 ) \ § el\ § C• o 2 7j ¢ 0)— 2 ¥ smg.1 III II-ii k aa \sem @ © & ® 2 $ 2£ 23 U- C i /k - * $ J * ©e 8888 k k§ mq� § - / 2 / a= VI k � �ƒ # 2 a S 2 © Cr - # a ® a _ � k® ) 7 \ § 4.0 \: °« m § § ® £ \\�m4 « 4. 0/ k - 2 g & ." • ,... E a ep >x 2 aax Z co 20co : I 2 § 8 } V 2 E1,3 /�7§ CO E f 2 I. _ 2 �• 0g § § �2 2 -'CD 2 a 2� \ k txm E. CD 4- -� O. fa ■ k 0)� d t CoC $ EEE «• �� ©\ cower kmo 2_L2 992 ©/t t:4 El 0g% se <® 3 .. V n 0 a, 2 %( 4D & 2 2 03 C0 < ■ < V 2 k ■ i ■- § kik A — <S 04 ® Page 21 of 427 Agenda Item #4. • PUBLIC RECORDS. In accordance with Sec. 119. 0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village' s custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney' s fees and costs pursuant to Sec. 119. 0701, Florida Statutes, and other penalties under Sec. 119. 10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in • possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village' s custodian of public records, in a format that is compatible with the Village' s information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERIC, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440 , OR AT lmcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Page 22 of 427 Agenda Item #4. • Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general' s functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 23 of 427 Agenda Item #4. 41) Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org 3'* � 4 c_couN� TEQUESTA UTILITIES DEPARTMENT MEMORANDUM To:Jeremy Allen, Village Manager From: David Tinoco, Water Distribution and StormWater Superindent Subject: New Pig Corporation Credit Application Date: October 30, 2019 The following Agenda Item references a Credit Application from New Pig Corporation. New Pig Corporation requires the Village of Tequesta to complete the Credit Application in order to purchase products from this company. • New Pig Corporation sells a variety of equipment dealing with leak and spill solutions, absorbent mats, drain protection and Stormwater management. On behalf of the Utilities Director and staff,this Agenda Item is submitted for your review and consideration. Your approval will authorize the Village Manager to execute this document. David Tinoco Superintendent Water Distribution and Storm Water Village of Tequesta • Vice-Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Council Member Kyle Stone Village Manager Jeremy Allen Page 24 of 427 Agenda Item #4. • New Pig Corporation One Pork Avenue,PO Box 304,Tipton,PA 16684-0304 Call:(888)468-5207 Email:accountsreceivable®newpig.com Credit Application COMPANY INFORMATION Company Name: Village of Tequesta Address: 345 Tequesta Drive Phone Number: 561-768-0482 Fax Number: 561-768-0708 Type of Company:0Corporation °Individual °Partnership ®Other Government Type of Business: Municipality Officers: Jeremy Allen,Village Manager Tax ID or SSN: 59-6044081 DUNS# Credit Line Requesting: Person Responsible for Invoice Payment Decisions: Name: Kellie Citti Title: Accounting Clerk H Phone: 561-768-0426 Email: kcitti@tequesta.org BANK REFERENCE Bank Name: TD Bank • Address: 2130 Centre Park West Dr,WPB, FL Phone: Account: CREDIT/TRADE REFERENCES Name: Advantage Bundling Address: 2228 Page Road Ste 103, Durham, NC Phone: Fax: Email: Account: Name: Publix Supermarkets Address: P.O.Box 32009, Lakeland, FL Phone: Fax: Email: Account: Name: Terracon Services Address: P.O.ABox 2766,Jupiter,FL Phone: Fax: Email: Account: Name: Address: Phone: Fax: Email: Account: The above information is provided for the purpose of obtaining credit and is warranted to be true. Uwe hereby authorize New Pig Corporation to investigate the references listed relating to my/our credit and financial responsibility.New Pig's terms are net 30 days. ` Signature: ,�v�l(J�-� Date: ,3 L g 1`c • Name: J my Allen Title: Village Manager Page 25 of 427 Agenda Item #4. SPUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's 1111) custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Palm Beach County Inspector General Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 26 of 427 Agenda Item #4. • OF r SPG ' FO„ 9 0, r , R •P','---: O rs m 441 ` •c" Cool Memorandum To: Jeremy Allen,Village Manager From: Debra Telfrin, Executive Assistant Date: October 29, 2019 Subject: Panera Bread Corporate Catering Account Credit Application S The following agenda item references a required credit application in order to conduct business with Panera Bread Catering. This vendor will be utilized from time to time when catering for Village meetings and/or events. Thank you. • Page 27 of 427 Agenda Item #4. Panera Bread • Y""ar" �B EA DT Corporate Catering Account Credit Application Company Name: The lir',11a e -t? " c-,e1 e 5-t- .. Contact Name: -Se('g,f yw pt- ' 1) ,jAnticipated Annual Charges(Min.$2,500): 13,49,F1-19.00 Email:Jc&( i�l tZ_ '-�LfC ' 51- .c-c Title: or, (,)' -"-1� r'Phone#: _?(.1'I ..719s-'0 (iJ 3 Street Address 515 %� r.i�51z� r Company Billing itv state ` zip Code Information: f7t/e' rL_ 5'34--ilc Phone Fat. 1-7& O- w 5(rl=10(f-00 7 Taxpayer ID#: pi• 5rOv ry 7 Social not enter Sial Secu a Experian#(if known): Panera,LLC has implemented centralized billing for Panera,LLC and/or certain of its franchisees. Please indicate where applicable invoices should be sent. 7(5--i-he ref 2?r+ve__eel-soilbe l o 1.t' (,,o-yopItf'p$ 'rl?c a 1-, Email Address: I If invoices need to be sent via USPS,is the address above the correct address? ( ..s..) No If no,please provide address: List of persons authorized to use this account:(attach additional page if necessary) Full Name Phone Number Email Address 1.�hArl Ha, On 5^y�(4 I -7/7t//�..�r-o'-tel///ce klr o t��no(/��t�t-�r�'� / ist?5t•ty •ori 2. b K-TeI i0 act _ /Vfe _V /W dt. r a f + to le" N ' eQI 4i a.Macy Ann Er ie5er 5*11- 764-04V5 0n9 r j err t eSict:.-d:et 4.Y Il -C 6 / -7/0 f-044'`. 1: r)r"k'Ec..LE12. 'ue_ ta,644 . 5. Cafes for Account Set Up:(please list below) ,ITAferlO4.1 2 Accounts Payable Contact(required): Name: I e 1 ,t Phone: �(k 176) - •)11 E-mail: 4 f ue R .ore Are PO#'s required for410 payment? ''JJ Is your company tax exempt?� or NO �t,� Otto £nrcl iii/ i vif f iv ti e5 "If Yes,please include a copy of your tax exempt letter which will be maintainted by Panera,LLC and/or the How will the catering account be used?(i.e.meetings,major events,breakfast,etc.) applicable Panera franchisee. The undersigned hereby applies for credit for business purposes only and certifies that the information above is true and correct. If credit is extended, the undersigned agrees to the below credit terms which are applicable to purchases at approved Panera Bread bakery cafes of Panera,LLC and/or certain of its franchisees.Panera,LLC reserves the right to suspend,modify,cancel and/or transfer the account,in full or in part,at any time for any reason. Credit Terms: The undersigned agrees:1.To pay all invoices within thirty(30)days of delivery of your order.2.To be responsible for all purchases charged to your account.Any past due billings will be subject to finance charge of 1.5%per month.3.To reimburse the collecting party(Panera,LLC, its franchisee(s)and/or agent(s))for reasonable attorney fees and collection costs in the event of non-payment.4.There is no guarantee that a receipt signature on each receipt will obtained at the time of purchase.5.Credit transactions below$50 may be rejected. The ersigned is duly authorized to sign on behalf of the company applying for credit. "greynt 1-\ len l ,\Vj Vi 11 l' evvt4- c2L C Signature&Date ame&Title IIISignature&Date Name&Title version 4/2016 Page 28 of 427 Agenda Item #4. 111/ PUBLIC RECORDS. In accordance with Sec. 119.0701,Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records,or allow such records to be inspected or copied,within a reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term,and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's • custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Irncwilliams@'tepluesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Palm Beach County Inspector General Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General has jurisdiction to investigate municipal matters,review and audit municipal contracts and other transactions,and make reports and recommendations to municipal governing bodies based on such audits,reviews,or investigations.All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power.The inspector general has the power to take sworn statements,require the production of records,and to audit, monitor,investigate and inspect the activities of the Village,as well as contractors and lobbyists of the Village in order to detect,deter,prevent,and eradicate fraud,waste,mismanagement, misconduct,and abuses. • Page 29 of 427 Agenda Item #4. 11111i?Gs. OF rti? ii 4:a9 0 acs , rri'N .�� "� t, , ,'. a dam A 11r444V Cy 0001 Memorandum To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manager From: Lori McWilliams, Village Clerk Date: IISubject: Election Polling Agreements The attached agreements allow the Elections Office to hold elections in the Council Chambers and Parks and Recreation for the March 17, 2020, August 18, 2020 and November 3, 2020 Elections. There is no cost to the Village. i Page 30 of 427 Agenda Item #4. PALM BEACH COUNTY SUPERVISOR OF ELECTIONS PRECINCT(S): 1120 POLLING LOCATION AGREEMENT FORM 1122 THIS AGREEMENT, dated this ID day of 0& , 2014, by and between Wendy Sartory Link, Supervisor of • Elections,Palm Beach County,Florida,and the owner/representative of the Polling Place located at: TEQUESTA COUNCIL CHAMBERS NAME OF POLLING LOCATION:INCLUDE NAME/NUMBER OF POLLING ROOM 345 TEQUESTA DR, TEQUESTA, FL 33469 POLLING LOCATION STREET ADDRESS,CITY,STATE,AND ZIP CODE OWNER/REPRESENTATIVE AGREES: •To provide a Polling Place for holding the following Elections: PRESIDENTIAL PREFERENCE PRIMARY ELECTION TUESDAY,MARCH 17,2020 PRIMARY ELECTION TUESDAY,AUGUST 18,2020 GENERAL ELECTION TUESDAY,NOVEMBER 3,2020 •To provide the following items from 6:00 AM until closing procedures required by Florida Statutes are completed by the Election Board: CHAIRS FOR ELECTION WORKERS(circle) NO NUMBER OF CHAIRS AVAILABLE: 30 TABLES FOR ELECTIONS WORKERS(circle) NO SIZE OF TABLES AVAILABLE:clan t v 8 Q�• lzebttS RESTROOM FACILITIES AVAILABLE(circle) E NO AIR CONDITIONING/HEATING(circle) ' NO •To provide access to the Polling Place on Election Day by one of the following means: (circle NO Owner will open Polling Place NO LATER THAN 6:00 AM on Election Day. (circle)YES NO Owner will provide the Precinct Clerk with a key to the facility prior to Election Day. STATEMENT OF INDEMNITY:Each party shall be liable for its own actions and negligence,and,to the extent permitted by law,the Palm Beach County Supervisor of Elections shall indemnify,defend,and hold harmless the Owner against any actions,claims,or damages arising out of the Palm Beach County Supervisor of Elections'negligence in connection with this Agreement, and the Owner shall indemnify, defend, and hold harmless the Palm Beach County Supervisor of Elections against any actions, claims, or damages arising out of the Owner's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes,Section 768.28,nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent,willful,or intentional acts or omissions. I AGREE TO THE ABOVE CONDITIONS AND WILL MAKE MY FACILITY AVAILABLE TO THE SUPERVISOR OF ELECTIONS ON THE DATES INDICATED ABOVE. • MS.. Ttre.my Rtt•w '(1w- 54(-1(4-040 /0- /0-/ SI ATURE PRINT NAME TITLE TELEPHONE DATE SIGNED MAILING ADDRESS(IF DIFFERENT THAN PHYSICAL ADDRESS),INCLUDE CITY,STATE,AND ZIP CODE E-MAIL: .11t•-i +9L) J47,, ors Please provide the days and hours of operation at the facility when access to the premises will be available for delivery/pickup of voting equipment before/after each election date,and list where the voting equipment will be stored upon delivery. These hours will also be provided to an election official to make arrangements to visit the location to verify functionality of the voting equipment within the polling room prior to each election date. DAYS/HOURS OF OPERATION AT FACILITY AND PLACE WHERE EQUIPMENT WILL BE STORED,IF DIFFERENT THAN POLLING ROOM •Name and telephone number of emergency contact person before and after regular business hours: Ltdi Meioi IVaraS o413 /T),-5 Inutvillams e-1-a uettq NAME TELEPHONE ALT.TELEPHONE EMAIL • oes •Name and telephone number of contact person at Polling Place on Election Day: M aij ►`fin Grre.er Slot -`?` (4.(03' 35L-5 3 Sc„ n�v�.1 NAME TELEPHONE ALT.TELEPHONE EMAILD •Two alternate contacts: ` A-1.1.4.4/ 5-61-70-06.0 TELEPHONE OStet- 91)--30 4,4) Alt EMAILnv +e�d.t-tz.. ors NAME' NAME TELEPHONE ALT.TELEPHONE EMAIL WENDY SARTORY LINK,SUPERVISOR OF ELECTIONS SIGNATURE DATE SIGNED SOE CONTACT: Rachel West TELEHONE: 561-656-6200 EMAIL: rachet@pbcelections.org FAX: 561-656-6220 Page 31 of 427 Agenda Item #4. • if• GE OF TE, -tea `! cy couNt Memorandum To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manager From: Lori McWilliams, Village Clerk Date: Subject: Election Polling Agreements The attached agreements allow the Elections Office to hold elections in the Council Chambers and Parks and Recreation for the March 17, 2020, August 18, 2020 and November 3, 2020 Elections. There is no cost to the Village. • Page 32 of 427 Aga%htlefi COUNTY SUPERVISOR OF ELECTIONS PRECINCT(S): 1078 POLLING LOCATION AGREEMENT FORM 1088,1094 THIS AGREEMENT, dated this /0 day of OC-4" , 20 0 ?, by and between Wendy Sartory Link, Supervisor of Elections,Palm Beach County,Florida,and the owner/representative of the Polling Place located at: • TEQUESTA RECREATION CENTER NAME OF POLLING LOCATION:INCLUDE NAME/NUMBER OF POLLING ROOM 399 SEABROOK RD,TEQUESTA, FL 33469 POLLING LOCATION STREET ADDRESS,CITY,STATE,AND ZIP CODE OWNER/REPRESENTATIVE AGREES: •To provide a Polling Place for holding the following Elections: PRESIDENTIAL PREFERENCE PRIMARY ELECTION TUESDAY,MARCH 17,2020 PRIMARY ELECTION TUESDAY,AUGUST 18,2020 GENERAL ELECTION TUESDAY,NOVEMBER 3,2020 •To provide the following items from 6:00 AM until closing procedures required by Florida Statutes are completed by the Election Board: CHAIRS FOR ELECTION WORKERS(circle) YES NO NUMBER OF CHAIRS AVAILABLE: TABLES FOR ELECTIONS WORKERS(circle) YES NO SIZE OF TABLES AVAILABLE: RESTROOM FACILITIES AVAILABLE(circle) YES NO AIR CONDITIONING/HEATING(circle) YES NO •To provide access to the Polling Place on Election Day by one of the following means: (cirde)YES NO Owner will open Polling Place NO LATER THAN 6:00 AM on Election Day. (circle)YES NO Owner will provide the Precinct Clerk with a key to the facility prior to Election Day. STATEMENT OF INDEMNITY:Each party shall be liable for its own actions and negligence,and,to the extent permitted by law,the Palm Beach County Supervisor of Elections shall indemnify,defend,and hold harmless the Owner against any actions,claims,or damages arising out of the 1 Palm Beach County Supervisor of Elections'negligence in connection with this Agreement, and the Owner shall indemnify, defend, and hold harmless the Palm Beach County Supervisor of Elections against any actions, claims, or damages arising out of the Owner's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes,Section 768.28,nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent,willful,or intentional acts or omissions. I AGREE TO THE ABOVE CONDITIONS AND WILL MAKE MY FACILITY AVAILABLE TO THE SUPERVISOR OF ELECTIONS ON THE DATES INDICATED ABOVE. • 3-6e01, Btl (1'loc.r,ay,t.- 5(11--7 4'- ci-rV 3 /0-/o-/ 9 ATURE ��PRINT N__AME TITLE TELEPHONE DATE SIGNED 3c/5MAILING ADDRESS(IF DIIFPEREN�HAN PHS YSICALIADDRESS),INCLUDECITY,STATE,AND ZIP CODE E-MAIL: TO//en97eyues ta.Or Please provide the days and hours of operationtiat the facility when access to the premises will be available for delivery/pickup of voting equipment before/after each election date,and list where the voting equipment will be stored upon delivery. These hours will also be provided to an election official to make arrangements to visit the location to verify functionality of the voting equipment within the polling room prior to each election date. DAYS/HOURS OF OPERATION AT FACILITY AND PLACE WHERE EQUIPMENT WILL BE STORED,IF DIFFERENT THAN POLLING ROOM ame and ephpneiriumber of emergency contact person before and after regular business hours: re e' ',it5(cl 1424-17 3 5(vt,a.S -sas, g Gori;-I 74ve54._,y- NAME TELEPHONE ALT.TELEPHONECkMAIL •Name and telephone number of contact person at Polling Place on Election Day: LO ii MI-LAXt ae t 1i1,-5 2,3-- oit 3 )44.tuxi t,'e to § 4ivei4t,.a iS NAME TELEPHONE ALT.TELEPHONE EMAIL •Two alternate contacts: Ann 6r,eser Stvt-11jS-Lev 3o no t-3s`t -s3ktp Ant ri,P.3-Gr* '144 d417(406 NAM TELEPHONE ALT.TELEPHONE EMML NAME TELEPHONE ALT.TELEPHONE EMAIL • SIGNATURE WENDY SARTORY LINK,SUPERVISOR OF ELECTIONS DATE SIGNED SOE CONTACT: Rachel West TELEHONE: 561-656-6200 EMAIL: rachet@pbcelections.org FAX: 561-656-6220 Page 33 of 427 Agenda Item #4. Village of Tequesta vP.6=oP�PrQVt. 345 Tequesta Drive , 561-768-0700 Tequesta, FL 33469 www.tequesta.org • • COOL+t To: Jeremy Allen,Village Manager From: Matthew Hammond, Utilities Director CC: Date: October 11, 2019 Re: Water Treatment Plant Upgrades - Change Order No. 1 Please find attached Change Order No. 1 for the Water Treatment Plant Upgrades project currendy under construction. This no-cost change order is for a time extension of 47 days (317 calendar total calendar days) to the original date of Substantial Completion and 30 days (345 total calendar days) to the original date of Final Completion due to impacts from Hurricane Dorian, the addition owner requested additions to the project scope,and unforeseen delays related to differing dimensions of new equipment. The new dates of Substantial Completion and Final Completion are as follows: 411 Original Proposed Substantial Completion 10/04/19 11/20/19 Final Completion 11/18/19 12/20/19 The proposed Change Order No. 1 has been reviewed and approved by the project engineer(Kimley- Horn) and the owner's representative(Thomas Bradford). Based on the information above and in the attached documentation the Utilities Department recommends approval of this change order. • Vice-Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Council Member Kyle Stone Village Manager Jeremy Allen Page 34 of 427 Agenda Item #4. • Kimley>>>Horn October 4, 2019 Matt Hammond, Director of Utilities Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 RE: Water Treatment Plant Upgrades, Contractual Time Extension Dear Mr. Hammond: Starting on July 1, the Contractor on the above-referenced project has submitted various requests for a contractual time extension. We have responded to each and, most recently, asked the Contractor to consolidate the requests into a single document. All of the related correspondence is attached. Please take note that the latest consolidated request is for time only(fully non-compensable). As you can see, the requests are for various reasons and range from hurricane preparedness delays,to MCC fabrication • delays, to delays associated with proper drying of an Owner supplied acid tank,to delays related to the need to modify filter piping to accommodate larger than anticipated physical dimensions of the new motor operated valves. As you can see from our July 5, 2019, correspondence the largest time impact is associated with the addition of an ATS to the MCC. While some decisions were made for this addition with faulty information regarding schedule impact provided by the Contractor, it remains true that the delays realized were beyond the Contractor's control. The delays related to the other items appear to be valid. The total time requested is an additional 47 days to the Substantial Completion date and 30 days to the Final Completion date. We recommend approval. Should you agree, please execute the attached Change Order form and return two originals to my office. We will distribute one copy to the Contractor. As always, should you have any questions or wish to discuss this further, please call. Thank you. Sincerely, KIMLEY-HORN 0„e24-c, William D. Reese, PE Project Engineer enclosure cc: Thomas G. Bradford w/enclosure • kimley-horn.com 1920 Wekiva Way, Suite 200,West Palm Beach, FL 33411 561-845-1663 Page 35 of 427 Agenda Item #4. • CHANGE ORDER NO.:01 Owner: Village of Tequesta Owner's Project No.: Engineer: Kimley-Horn and Associates, Inc. Engineer's Project No.: 040097018 Contractor: Florida Design Contractors, Inc. Contractor's Project No.: Project: WTP Upgrades Date Issued: October 1, 2019 Effective Date of Change Order: Upon Execution by Last party The Contract is modified as follows upon execution of this Change Order: Description: Contractual Time Extension to reflect delays beyond Contractor's control. The time extension granted represents claims for all delays prior to the date the Change Order was issued. The Time extension is non-compensable(time only). Attachments: Florida Design Contractors, Inc. letters dated 7/1/19, 7/3/19, 9/4/19, 9/5/19,10/3/19 Kimley-Horn and Associates, Inc. letters dated 7/5/19,9/10/19(1),9/10/19(2), 10/4/19 Change in Contract Times [State Contract Times as either a specific date or a Change in Contract Price number of days] Original Contract Price: Original Contract Times: Substantial Completion: 270 days 10/04/19 $ 1,801,500 Ready for final payment: 315 days 11/18/19 [Increase][Decrease]from previously approved Increase From previously approved Change Orders Change Orders No.1 to No.[Number of previous No.1 to No.[Number of previous Change Order]: Change Order]: Substantial Completion: -_0- $ -0- Ready for final payment: 0- - -- Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 270 days 10/04/19 $ 1,801,500 Ready for final payment: 315 days 11/18/19 [Increase][Decrease]this Change Order: Increase this Change Order: Substantial Completion: 47 days 0- Ready for final payment: 30 days Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 317 days 11/20/19 $ 1,801,500 Ready for final payment: 345 days 12/20/19 Recommended by Engineer(if required) Ac dpted by C tractor By: `(e)"` --_.— ! L� Title: /1Co.1fcr e t3,, ' - Date: /d/¢/�� Authorized by Owner Approved by Funding Agency(if applicable) By: _. N/A Title: V,,,lcs_e ► .ntig.y Date: l o I a'\ o2co EJCDO C-941,Change Order EJCDC°C-941,Change Order,Rev.1. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies and American Society of Civil Engineers.All rights reserved. Page 1of1 Page 36 of 427 Agenda Item #4. -EST.1979- CGCD403D4 • LORIDA DESIGN CONTRA TORS Thursday,October 3,2019 William Reese Kimley-Horn 1920 Wekiva Way,Suite 200 West Palm Beach, FL 33411 Re:Tequesta Water Treatment Plant Upgrades Subject: Request for Change of Contract Times Mr. Reese: Per Article 12.02 of the Standard General Conditions of the Construction Contract, please accept this letter as our formal request to a Change of Contract Times. As you know, the project's Substantial Completion is on Friday, October 4, 2019. However, due to several issues and delays experienced throughout the course of the project, mainly associated to the critical path activity of fabrication and delivery of the new Motor Control Center and Automatic Transfer Switch, Florida Design Contractors (FDC)will not achieve Substantial Completion without an extension of time. Therefore, FDC proposes the following plan for your careful consideration of a non-compensable Change of • Contract Times: • Per the revised Construction Schedule attached herein,the addition of forty-seven (47) calendar days to the schedule will bring the project to Substantial Completion by November 20,2019. • Similarly, reducing the contract time between Substantial Completion and Final Completion, from forty-five (45) calendar days to thirty (30) calendar days, will bring the project to Final Completion by December 20, 2019. • FDC will continue with a work schedule of overtime hours, including Saturday work. As always, Florida Design will continue to work and cooperate with all parties involved in order to bring this project to a fruitful completion. We look forward to your acceptance of the plan outlined above as we continue to make progress to achieve the project milestones by the dates proposed herein. Should you have any questions or concerns regarding this matter, please feel free to contact me. Respectfully, 0 lando Rivera Sr. Project Manager Florida Design Contractors Enclosed: Construction Schedule w/Data Date 10/2/19 CC: Thomas Jensen,Jim Farrell,(K-H) David Gaztambide,Randy Garven(FDC) 110 1326 South Killian Drive, Lake Park, FL 33403 Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 37 of 427 Agenda Item #4. • Kimley>>>Horn September 10, 2019 Orlando Rivera, Project Manager Florida Design Contractors, Inc. 1326 S Killian Drive Lake Park, FL 33403 RE: Village of Tequesta WTP Upgrades Project; Acid Storage Tanks Delays Dear Mr. Rivera: This will acknowledge receipt of your explanation of delays associated with the replacement of the acid storage tanks. The request (copy attached) is assumed to offer explanation as to why the contractual requirements were not met. The explanation also requests that the identified delays be added to the previously requested overall time extension. As you know, the contract stipulates that the period between the time when the old acid feed system was removed from service and the new one placed into service is not to exceed 14-days. The • contract contains provisions for damages (in addition to overall contract liquidated damages) to the extent the 14-day requirement is not satisfied. We have evaluated the request and reached the following conclusions. 1. As to the request not to access damages for completion of the work within the 14-day requirement and instead completing within 24-days (10 days late), we find the request to satisfy the requirements of Article 12.05 and, by copy of this letter, recommend to the Owner that the damages for exceeding the 14-day requirement not be assessed. 2. As to the request to add the 10-day late completion to the overall contract time extension request,we note that the delays do not impact the critical path due to delays associated with delivery of the MCC's and other work performance matters. As such, we do not recommend an overall extension to the contract time. We will advise of the Owner's final decision on this matter upon receipt. In the interim, should you have any questions or wish to discuss this further, please call. Very trul ours, William D. Reese, P.E. Project Engineer Enclosures • cc: T. Bradford w/enclosures D. Telfrin w/ enclosures kimley-horn.com 1920 Wekiva Way, Suite 200,West Palm Beach, FL 33411 561 845 0665 . . 8of427 Agenda Item #4. -EST. 1979- CGC040304 FLORIDA -- CONTRA TORS Thursday,September 5, 2019 William Reese Kimley-Horn 1920 Wekiva Way,Suite 200 West Palm Beach, FL 33411 Re:Tequesta Water Treatment Plant Upgrades Subject:Acid Tanks Replacement- Unforeseen Delays&Adverse Weather(Revised) Mr. Reese: Per Article 12.03, please accept this letter in regards to the delays experienced during the Acid's Bulk and Day Tanks replacement. Please take note of the following events, in addition to those explained in our letter dated July 1, 2019, that transpired throughout the course of the 14-consecutive days allowed for the acid tanks replacement: • • Monday,June 24, 2019—Work was scheduled to begin. However, due to concerns of a possible leak at the temporary chemical storage tank provided by the Village of Tequesta, the start date was postponed. • Wednesday, June 26, 2019 — Work was finally resumed, causing 2-days of delay from the proposed start date. • Saturday,June 29,2019-Significant adverse weather was experienced resulting in an additional 1-day delay as coatings were not able to be applied. • Thursday,July 4, 2019(Holiday)—Bac-T's were passed. • Friday,July 5, 2019—O&M's,Asbuilts and Formal Bac-T Reports were provided to Kimley Horn. • Thursday,July 11,2019—Issue was discovered with existing day tank piping connections were of a different OD and metric. Parts were ordered causing unforeseen delays.Also, on this date,we received confirmation from K-H that the Health Department had schedule a site inspection for July 16, 2019. • Monday,July 15, 2019— Received confirmation from Cliff Berry that they could be back on site on July 18th for the final transfer of acid from the temp.tank to the new bulk tank. • Thursday,July 18, 2019—Acid system was placed in service. To summarize,the work was schedule to begin on June 24th and was finally completed on July 18th for a total of twenty-four(24) calendar days.As listed above, FDC suffered a 3-day delay during the beginning of the process and ended having an additional 7-day delay due to parts and re-scheduling of Cliff Berry for a total of ten (10) days in excess of the contract allowed fourteen (14) consecutive day duration stipulated in the contract. II/ 1326 South Killian Drive, Lake Park, FL 33403 UUt�✓1! -fJ1"I£.+'r7 FC��,�rl��}!�^7 Ji"��, '�!1", Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 39 of 427 Agenda Item #4. • -EST 1979— CGC040304 F LoRI DA DESIGN CONTRA TORS ' In accordance to Article 12.03, FDC requests the addition of the aforementioned delays to the ongoing and open claim for a time extension as documented under a separate letter dated September 5, 2019 associated to the MCC/ATS and Hurricane Dorian. That said, please include these additional ten (10) calendar days to our request for Contract Time Extension to extend Substantial Completion from October 4,2019 to November 19,2019 for a total of forty-six(46)calendar days extension. Should you have any questions or concerns regarding this matter, please feel free to contact me at 561- 275-2281. Respectfully, et46—Vei6( Orlando Rivera Sr. Project Manager Florida Design Contractors CC: Jim Farrell,(K-H) David Gaztambide,Randy Garven(FDC) • 1326 South Killian Drive, Lake Park, FL 33403 www.floritiabesigriCC11&actors.com Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 40 of 427 Agenda Item #4. • FLORIDA DESIGN CONTRACTORS • Letter Dated July 1, 2019 • Page 41 of 427 Agenda Item #4. . -EST 7979— r;f3M340^3C.34 IDA .SIGN CONTRA ' TORS -- July --July 1,2019 William Reese Kimley-Horn 1920 Wekiva Way,Suite 200 West Palm Beach, FL 33411 Re:Tequesta Water Treatment Plant Upgrades Subject:Acid Tanks Replacement- Unforeseen Delays&Adverse Weather Mr. Reese: Per Article 12.03, please accept this letter in regards to the delays experienced to date as they relate to the Acid's Bulk and Day Tanks replacement. As you know, the 14-day replacement period was scheduled to start on Monday, June 24, 2019. However, due to concerns of a possible leak at the temporary chemical storage tank provided by the Village of Tequesta,the start date was postponed and finally resumed on Wednesday,June 25th, causing 2-days of delay from the proposed start date. Moreover, please be informed that we experienced significant adverse weather on Saturday, June 29tH 1-daydelayas coatings were not able to be applied. resulting in an additional ); Pp That said, Florida Design Contractors will reserve the right to request a Contract Time Extension, under Article 12.03,for three(3)calendar days due to the reasons described above Should you have any questions or concerns regarding this matter, please feel free to contact me at 561- 275-2281. Resa-ctfu ly, •1l Orlando Rivera,„„ 7 ,b, A Sr. Project Manager Florida Design Contractors CC: Jim Farrell,(K-I-1) Chris Sullivan,Randy Garven(FDC) 1326 South Killian Drive, Lake Park, FL 33403 www.FJoridaDesignContractors.com Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 42 of 427 Agenda Item #4. IIIOrlando Rivera From: Orlando Rivera Sent: Saturday,June 22,2019 3:00 PM To: William.Reese@kimley-horn.com Cc: Jim Farrell; Randy Garven ' ct: Fwd:Te to Subject: Tequesta q Bill, After talking with Randy,we will have to cancel the work planned for Monday due to apparent moisture spots in between the inner/outer tanks. I understand that you will be going to the site on Monday for inspection but we will need to cancel Cliff Berry since they will charge for mobilization should they make it to the job. Please note that this will delay the progress of the work. Should you have any questions, please contact me at 561-578-9075. Thanks, Orlando Sent from my iPhone elBegin forwarded message: From: Randy Garven<rgarven@Floridadesigncontractors.com> Date:June 22, 2019 at 12:21:29 PM EDT To:Orlando Rivera<orlandor@Floridadesigncontractors.com> Put dehumidifier in looks like three spots in floor like moisture again Sent from my iPhone III i Page 43 of 427 Agenda Item #4. 7/1/2019 West Palm Beach,FL History I Weather Underground (/), Search Locations Log in VW.. glk * � embed f � Manhattan,NY Atlanta, n �f�k c 78°F Sunny 87°F Suunny 26.69°N,80.09°W Palm Beach International Airport, Florida * A 87° PALM BEACH INTERNATIONAL AIRPORT STATION (/HISTORY/DAILY/US/FL/WEST-PALM- BEACH/KPBI/DATE/2019-7-1?CM VEN=LOCALWX PWSDASH). I CHANGE \/ HISTORY(/HISTORY/DAILY/US/FL/WEST-PALM-BEACH/KPBI/DATE/2019-7-1), • TODAY(/WEATHER/US/FL/JUPITER/KFLJUPIT1036) • HOURLY(/HOURLY/US/FL/JUPITER/KFLJUPIT1036). • 10-DAY(/FORECAST/US/FL/JUPITER/KFLJUPIT1036). • CALENDAR(/CALENDAR/US/FL/WEST-PALM-BEACH/KPBI/DATE/2019-7), • HISTORY(/HISTORY/DAILY/US/FL/WESTPALM-BEACH/KPBI/DATE/2019-7-1) • WUNDERMAP (/WUNDERMAP?LAT=26.69&LON=-80.09). • C-1357)— Weekly Monthly June 29 2019 View • Page 44 of 427 Agenda Item #4. 8 PM 9 PM 10 PM 11 PM 12 AM 1 AM 2 AM 3 AM 4 AM 5 AM 6 Aiv1 7 AM 8 AM •90' i I 1 i I 80 \.......„.....-•-•"•-•......----- 70 •Temperature i l ).15 ,-r-........ 0.11 105 • Precipitation 20, I k, 101 I � i , .Wind .Wind Direction 1 Gust 0 Summary Temperature(° F) Actual Historic Avg. Record High Temp 84 89 98 Low Temp 74 75 67 Day Average Temp 79 82 - Precipitation (Inches) Actual Historic Avg. Record A. IPrecipitation 0.45 0.27 3.95 I Month to Date 6.98 8.02 - I Year to Date 27.99 26.73 -0 Degree Days (° F) Actual Historic Avg. Record 0 Heating Degree Days 0 0 - Page 45 of 427 Agenda Item #4. • EST.1979 FLORIDA DESIGN CONTRACTORS • Email Correspondences • Page 46 of 427 Agenda Item #4. • Orlando Rivera From: Orlando Rivera Sent Thursday,July 4,2019 2:57 PM To: William.Reese@kimiey-horn.com Cc: Jim Farrell; Randy Garven Subject: Tequesta WTP-Bac-T Good Afternoon, Just to Iet you know that we passed the test and will start draining the tanks tomorrow. Thanks, Orlando Sent from my iPhone • • Page 47 of 427 Agenda Item #4. • Orlando Rivera From: Orlando Rivera Sent: Friday,July 5,2019 10:38 AM To: Reese,William Cc: Farrell,Jim; Randy Garven Subject: Tequesta WTP- Health Department Documents Attachments: tequesta.O&M.pdf;Tequesta WTP Asbuilts- Chemical Tanks.pdf; 1962191_Florida Design Contractors.pdf; 1963192_Florida Design Contractors.pdf Bill, Please find attached the following documents for your records: 1. Poly Processing—Operation& Maintenance Manual 2. Asbuilts 3. Bac'T Reports Thanks, Orlando Rivera Florida Design Contractors,Inc. O.561-275-2281 • C. 561-578-9075 E. orlandor@floridadesigncontractors.com • Page 48 of 427 Agenda Item #4. • Orlando Rivera From: Orlando Rivera Sent: Thursday,July 11,2019 3:50 PM To: Reese,William Cc: Randy Garven Subject: RE:Acid Tanks Bill, Understood. I have confirmation from Ryan Herco that all parts, including the metric heating bushings, have shipped today for delivery tomorrow. Some of these items are coming from as far as Boston, MA and I'll be surprise if they do in fact show up tomorrow but that is what we're being told. I'll be off tomorrow but will stay in touch with Randy and will provide you updates as I receive them. Thanks, Orlando Rivera Florida Design Contractors, Inc. O.561-275-2281 C. 561-578-9075 E. orlandorPfloridadesigncontractors.com • From: Reese,William<William.Reese@kimley-horn.com> Sent:Thursday,July 11, 2019 2:15 PM To:Orlando Rivera<orlandor@Floridadesigncontractors.com> Subject:Acid Tanks Orlando As discussed,we have been released to put the new system into service ASAP. Please let me know when that is possible and give this the highest priority. In the meantime, please be aware that the Health Department will be on site on Tuesday July 16 @ 10 AM to perform an inspection. IT would be a good time to limit all construction activities to parts of the plant not impacted by the acid tank replacements. Thanks. Bill • Page 49 of 427 Agenda Item #4. • Orlando Rivera From: Orlando Rivera Sent: Monday,July 15, 2019 8:28 AM To: Reese,William Cc: Farrell,Jim; Randy Garven Subject: RE:Tequesta WTP-Chemical Transfer Quicker than expected...they have confirmed that their crew will be on site Thursday morning.That said,the acid system is anticipated to be back in regular operation on Thursday,July 18th Thanks, Orlando Rivera Florida Design Contractors, Inc. 0. 561-275-2281 C. 561-578-9075 E.orlandor@floridadesigncontractors.com From:Orlando Rivera Sent: Monday,July 15,2019 8:25 AM To: Reese,William<William.Reese@kimley-horn.com> • Cc: Farrell,Jim<Jim.Farrell@kimley-horn.com>; Randy Garven<rgarven@Floridadesigncontractors.com> Subject:Tequesta WTP-Chemical Transfer Good Morning Bill, Just got a call from Cliff Berry stating that they will be onsite possibly on Wednesday to do the transfer of acid from the temp.tank to the new bulk tank. He'll be confirming later today and I will let you know accordingly. Thanks, Orlando Rivera Florida Design Contractors, Inc. O.561-275-2281 C. 561-578-9075 E. orlandor@floridadesigncontractors.com al 1 Page 50 of 427 Agenda Item #4. • Kimley>>>Horn September 10, 2019 Orlando Rivera, Project Manager Florida Design Contractors, Inc. 1326 S Killian Drive Lake Park, FL 33403 RE: Village of Tequesta WTP Upgrades Project; Hurricane Dorian Time Delay Dear Mr. Rivera: This will acknowledge receipt of your request for a contractual time extension associated with Hurricane Dorian (copy attached). Your September 5, 2019 response to our July 5, 2019 request for additional information relative to your July 3, 2019 request for a time extension stipulates a desire to incorporate the referenced request into the July 3, 2019 request. Accordingly, we will not evaluate the request independently, but rather will include it in the S evaluation of the initial request. Should you have any questions or wish to discuss this further, please call. Very truly yours, /� , William D. Reese, P.E. Project Engineer Enclosures cc: T. Bradford w/enclosures • kimley-horri.com 1920 Wekiva Way, Suite 200,West Palm Beach, FL 33411 561 845 0665 .. 51 of 427 Agenda Item #4. • -EST.1979— v? : CGC041.031041, FLORIDA CONTRA TORS Wednesday,September 4, 2019 William Reese Kimley-Horn 1920 Wekiva Way,Suite 200 West Palm Beach, FL 33411 Re:Tequesta Water Treatment Plant Upgrades Subject: Hurricane Dorian—Contract Time Extension Mr.Reese: Per Articles 10.05, 12.02 and particularly 1203 of the Standard General Conditions of the Construction Contract, please accept this letter as a formal Claim for Additional Time. Both Critical Path Activities and Non-Critical Path Activities weredelayed because of the allocation of resources to prepare for the impending storm Hurricane Dorian. These delays will impact our ability to complete this project • within the current project final completion date. Below will you find our level of effort associated with preparing the site: 1. 08/28/19—FDC stopped job progress in the afternoon hours to begin site preparations. 2. 08/29/19—FDC and subs finalized preparations in order to leave the site until storm moves on from the area. 3. 8/30/19 — No work today due to approaching storm. Job is secured and only have dumpster scheduled for pickup Saturday morning. 4. 09/03/19—No work today as tropical and hurricane warnings were still in effect. 5. 09/04/19—FDC resumes work activities and clearing up all site preparation for the storm. As a result of this unforeseen expenditure of resources to prepare for the storm,we respectfully request that four (4)working days or six(6)calendar days be added to the contract time. Should you have any questions or concerns regarding this matter, please feel free to contact me at 561- 275-2281. Respectfully, br Or ando 'ivera Sr. Project Manager Florida Design Contractors CC: Jim Farrell,Tammy Culpepper((K-H) DC) ChrisSullivan,Randy Garven(FDC) 1326 South Killian Drive, Lake Park, FL 33403 www,FIoridaDesignContractors.corn Phone: 561-845-1233 Fax: 561-848-5992 Page 52 of 427 CGC-040304 Agenda Item #4. s 1. changes in the Work which are:(1)ordered claimant within 30 days after receipt of the claimant's last by OWNER pursuant to paragraph 10.01.A, (ii) re- submittal(unless ENGINEER allows additional time). gaited because of acceptance of defective Work under -. paragraph 13.08A or OWNER's correction of B. ENGINEER'S Decision: ENGINEER will render a defective Work under paragraph 13.09,or(iii)agreed formal decision in writing within 30 days after receipt of the to by the parties; last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on 2. changes in the Contract Price or Contract such Claim,dispute,or other matter will be final and binding Times which are agreed to by the parties, including upon OWNER and CONTRACTOR unless: any undisputed sum or amount of time for Work actually performed in accordance with a Work Change 1. an appeal from ENGINEER's decision is Directive;and taken within the time limits and in accordance with the - dispute resolution procedures set forth in Article 16; 3. changes in the Contract Price or Contract or Times which embody the substance of any written decision rendered by ENGINEER puranent to pare- 2. if no such dispute resolution procedures graph 10.05; provided that, in lieu of executing any have been set forth in Article 16,a written notice of such Change Order,an appeal may be taken from any intention to appeal from ENGINEER's written such decision in accordance with the provisions of the decision is delivered by OWNER or CONTRACTOR Contract Documents and applicable Laws and Regula- to the other and to ENGINEER within 30 days after tions, but during any such appeal, CONTRACTOR the date of such decision,and a formal proceeding is ' shall carry on the Work and adhere to the progress instituted by the appealing party in a forum of : ,: schedule as provided in paragraph 6.18.A_ competent jurisdiction within 60 days after the date of 41110 such decision or within 60 days after Substantial -. 10.04 Notification to Surety Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), A. If notice of any change affecting the general scope to exercise such tights or remedies as the appealing of the Work or the provisions of the Contract Documents party may have with respect to such Claim,dispute,or (including, but not limited to, Contract Price or Contract other matter in accordance with applicable Laws and Times)is required by the provisions of any Bond to be given Regulations. to a surety, the giving of any such notice will be • CONTRACTOR's responsibility. The amount of each C. If ENGINEER does not render a formal decision in applicable Bond will be adjusted to reflect the effect of any writing within the time stated in paragraph 10.05.B, a such change. decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of 10:05 Claims and Disputes the claimant or the last submittal of the opposing party,if any. : . A. Notice: Written notice stating the general nature of D. No Claim for an adjustment in Contract Price or-- each each Claim,dispute,or other matter shall be delivered by the ContractTimes(or Milestones)will be valid if not submitted claimant to ENGINEER and the other party to the Contract in accordance with this paragraph 10.05. promptly(but in no event later than 30 days)after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data ARTICLE 11-COST OF THE WORK;CASH shall be delivered to the ENGINEER and the other party to ALLOWANCES;UNIT PRICE WORK the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such 11.01 Cost of the Work Claim,dispute,or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the A. Costs Included: The term Cost of the Work means provisions of paragraph 12.O1.B. A Claim for an adjustment the sum of all costs necessarily inured and paid by CON-il in Contract Time shall be prepared in accordance with the TRACTOR in the proper performance of the Work. When provisions of paragraph 12.02.B. Each Claim shall be accom- the value of any Work covered by a Change Order or when a r" panied by claimant's written statement that the adjustment Claim for an adjustment in Contract Price is determined on; claimed is the entire adjustment to which the claimant the basis of Cost of the Work,the costs to be reimbursed to • believes it is entitled as a result of said event The opposing CONTRACTOR will be only those additional or incremental party shall submit any response to ENGINEER and the costs required because of the change in the Work or because . -30- Page 53'of 427 Agenda Item #4. • • f. when both additions and credits are in- 12.06 Delay Damages volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the A. In no event shall OWNER or ENGINEER be liable basis of the net change in accordance with para- to CONTRACTOR,any Subcontractor, any Supplier,or any graphs I 2.01.C.2.a through 12.01.C.2.e,inclusive. other person or organization,or to any surety for or employee or agent of any of them, for damages arising out of or 12,02 Change of Contract Times resulting from: A. The Contact Times (or Milestones) may only be 1. delays caused by or within the control of I changed by a Change Order or by a Written Amendment CONTRACTOR;or Any Claim for an adjustment in the Contract Times (or Milestones)shall be based on written notice submitted by the 2. delays beyond the control of both OWNER - party making the claim to the ENGINEER and the other party and CONTRACTOR including but not limited to to the Contract in accordance with the provisions of fires,floods,epidemics,abnormal weather conditions, paragraph 10.05. acts of God, or acts or neglect by utility owners or other contractors performing other work as B. Any adjustment of' the Contract Times (or contemplated by Article 7. Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times(or Milestones) will be B. Nothing in this paragraph 12.06 bars a change in determined in accordance with the provisions of this Contract Price pursuant to this Article 12 to compensate Article 12. CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or I2.03 Delays Beyond CONTRACTOR's Control anyone for whom OWNER is responsible. • A. Where CONTRACTOR is prevented from • completing any part of the Work within the Contract Times ARTICLE 13-TESTS AND INSPECTIONS; (or Milestones) due to delay beyond the control of CORRECTION,REMOVAL OR ACCEPTANCE OF CONTRACTOR,the Contract Times(or Milestones)will be DEFECTIVE WORK extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph I2.02.A. Delays beyond the control of CONTRACTOR shall 13.01 Notice of Defects include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perform- A. Prompt notice of all defective Work of which ing other work as contemplated by Article 7, fires, floods, OWNER or ENGINEER has actual knowledge will be given epidemics,abnormal weather conditions,or acts of God. to CONTRACTOR. All defective Work may be rejected, corrected,or accepted as provided in this Article 13. 12.04 Delays Within CONTRACTOR's Control 13.02 Access to Work A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR A. OWNER, ENGLNEER, ENGINEER'S Consultant, Delays attributable to and within the control of a other representatives and personnel of OWNER,independent_, Subcontractor or Supplier shall be deemed to be delays within testing laboratories, and governmental agencies with the control of CONTRACTOR jurisdictional interests will have access to the Site and the. Work at reasonable times for their observation, inspecting, 12.05 Delays Beyond OFPNER's and CONTRACTOR'S and testing. CONTRACTOR shall provide them proper and. Control safe conditions for such access and advise them of. CONTRACTOR's Site safety procedures and program so"" A. Where CONTRACTOR is prevented from comp let- that they may comply therewith as applicable. Ing any part of the Work within the Contract Times (or Milestones)due to delay beyond the control of both OWNER 13.03 Tests and Inspections and CONTRACTOR,an extension of the Contract Times(or Milestones) in an amount equal to the time lost due to such A. CONTRACTOR shall give ENGINEER timely;. delay shall be CONTRACTOR's sole and exclusive remedy notice of readiness of the Work for all required inspections,: for such delay. tests, or approvals and shall cooperate with inspection and` • testing personnel to facilitate required inspections or tests. _ -34- Page 54 of 427 ends Item #4. Kimtey>>>Horn July 5, 2019 Orlando Rivera, Project Manager Florida Design Contractors, Inc. 1326 S Killian Drive Lake Park, FL 33403 RE: Village of Tequesta WTP Upgrades Project; Request for Time Extension Dear Mr. Rivera: This will acknowledge receipt of the above-referenced request, e ue tto fully evaluate thedd elqueetd at e the July 3, 2019, progress meeting (copy enclosed). In will need your response to the questions, and other items, listedbe relevant items,as follows: w. 1. The chronology of events as listed in the request omits aew • that Prior to receipt of the final proposal iim was esented if a direction to proceedy the r was • the project schedule would not be p when receivedw received by June 10.the right to requestupto that the actual a 30-day non-compensable time on June 5, reserved g extension. The Owner's decision to proceed with the work was bated, "upinn on the time implications and the noted representations. It app to 30-day non-compensable potential" request has changed to aim potentially compensable request. Please explain why an app per ecision e by he representation by the Contractor(and subsequent adreaso reasonable tfo Owner ime based on that representation) s extension of 66 days. • Approximately a month passed frolic the time the RFP was issued and the date received. It was longer than that if the time is measured the w�5 meeting. when proposal ivered at the progress from when the "advance" copy was del Moreover, a significant portion ofthe comment n the time tPeduration it took scrivener's errors in the proposa l.to deliver the proposal. The comments need to consider the reasonableness of any time delays associated with the mear already inufacturer nn th ffutureic naddition of of the fact that the originally design g the requested ATS. 2. Article 12.04A of the Supplementary General Conditions (SGC's) stipulate that time oject's extensions will not be granted unless the event ept project p schedule that criticalacts the couldbe path. It 110 appears to us that there are events on th accelerated to improve the negative float. Pleasse re visit the schedule accordingly and advise of any revision to the requestedtime 3. Article 12.06A of the SGC's essentially stipulates i ee extextensions, if ifegr mend, will constitute the sole remedy to the Contractor for 561 845 0665 kimley-horn.com 1920 Wekiva Way,Suite 200,West Palm Beach,FL 33411 Agenda Item #4. Kimley>>>Horn Page 2 possibility of approving job costs for a time extension. On this basis,we do not believe there is justification for reserving a right to request compensable job costs. Please remove this from the request or explain why 12.06A is not applicable. Based on our discussions at the July 3, 2019 progress meeting, it is our understanding that the gear manufacturer represented to the Contractor that the modified gear could be produced on a schedule that would not alter the contractual completion date if it was approved by a given date. After a timely decision in this regard was made by the Owner, the manufacturer changed their mind causing the associated current delivery not to lead to timely completion. Please express to the manufacturer our dissatisfaction with this reality and ask them to make improvements to cause the gear to be delivered per the original schedule. In addition, please explore alternate methods to improve delivery. For example, since the original design contemplated a later addition of the ATS, and the addition of the ATS appears to be causing the delay, have you considered shipping the gear per the original design and field installing the ATS upon arrival? With regard to your request, we accept your notification as compliant with the timing requirements of the contract, per Article 10.03 of the General Conditions (notification within 30 days of the event giving rise to the request). This correspondence requests additional information which is required to be submitted to the Engineer within 60 days, unless the Engineer grants additional time. Please ensure that your response to the above is complete and reflects manufacturer input. If you need time beyond the 60 days to gather the necessary information, please advise. If you do not wish to respond to the items above, please advise accordingly. Should that be the case, we will forward our recommendation to the Owner based on the information supplied to date. Please be advised that at this time we will not be recommending approval. This will result in an exposure of$500/day for liquidated damages for every day the project fails to reach substantial completion beyond the contractual date. We remain hopeful that factory adjustments can be made, and original commitments honored, to lead to a timely completion of the project. Should you have any questions or wish to discuss this further, please call. Very truly urs, William D. Reese, P.E. Project Engineer Enclosures cc: T. Bradford w/ enclosures J. H. Ham, w/ enclosures • kimley-hom.com 1920 Wekiva Way, Suite 200,West Palm Beach, FL 33411 561 845 0665 6 of 427 Agenda Item #4. -EST. '1979- CGC0403O4 • FLORIDA DESIGN CONTRA TORS July 3,2019 William Reese Kimley-Horn 1920 Wekiva Way,Suite 200 West Palm Beach, FL 33411 Re:Tequesta Water Treatment Plant Upgrades Subject: Request for a Change of Contract Times Mr. Reese: Per Article 12 of the Standards of General Conditions of the Construction Contract, please accept this letter as our formal notification of unrecoverable time delays associated to the delivery of the new MCC for the above referenced project. In an effort to better explain the events that have transpired throughout the course of the project and 111111 that have contributed to this request for a Change of Contract Times, please take a note of the following: 1. February 28, 2019—MCC Submittal Submitted 2. April 11, 2019 — FDC was informed that there will be a request coming for a price to provide a new ATS in the space provided in the New MCC to accommodate a standby portable genset. 3. April 18, 2019 — MCC hardcopy Submittal Returned as "Approved As Noted". Notification was provided during the progress meeting held before this date. 4. April 29, 2019—Request for Quote related to the ATS was provided to FDC. 5. May 23, 2019—FDC submitted cost proposal including labor and materials by Powerline. 6. June 5, 2019—FDC submitted a revised cost proposal only including the cost of the ATS. 7. June 11, 2019—Received approval letter dated 6/5/19 authorizing the additions to the contract which included the referenced ATS,VFD cables, and HVAC electrical disconnect/writing. 8. June 11, 2019 — FDC issued a change order to Powerline for the electrical work additions including the ATS. 9. June 13, 2019—ATS Submittal 16040-002 was provided to Engineer. 10. June 21, 2019—ATS Submittal 16040-002 was approved. 11. July 1, 2019—FDC receives from Powerline/Eaton the anticipated delivery date for the MCC and ATS to be 10/7/19 exposing the apparent job delays due to the new delivery schedule. As you know, the Contract's Substantial Completion date is October 4, 2019. Please note that we have completed a schedule analysis to include the above reference delays resulting in a total of forty-seven (47) working days or sixty-six (66) calendar days behind schedule. Therefore, we would like to make a time extension request that adds sixty-six (66) calendar days which takes Substantial Completion from October 04,2019 to December 9, 2019 in accordance to Articles 12.03. 1326 South Killian Drive, Lake Park, FL 33403 Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 57 of 427 Agenda Item #4. -EST 1979- CGC040304 • FLORIDA DESIGN CONTRA TORS Lastly, while it is not our intention to extend the contract time due to unjustifiable reasons, we would also like to reserve the right to claim additional general conditions, should the need arise, since the causes for this claim are due to reasons beyond our control. Note that we are committed to expedite all other areas of the work as well as pushing for an accelerated delivery date by Eaton. As always, Florida Design will continue to work and cooperate with all parties involved in order to bring this project to a fruitful completion. Should you have any questions or concerns regarding this matter, please feel free to contact me at 561- 275-2281. Resp- tfu , . A Orlando Rivera Sr. Project Manager Florida Design Contractors CC: Farrell,Jim (K-H) Chris Sullivan,Randy Garven(FDC) • 1326 South Killian Drive, Lake Park, FL 33403 . ‘c; Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 58 of 427 Agenda Item #4. IPOrlando Rivera From: Torn Laessig <tlaessig@powerlinefl.com> Sent: Monday,July 1,2019 9:42 AM To: Orlando Rivera Cc: Stefanie Raimondi Subject: RE: [EXTERNAL] FW:VOT WTP Upgrades- 16040-002 From:Orlando Rivera<orlandor@Floridadesigncontractors.com> Sent: Monday,July 01, 2019 8:23 AM To:Tom Laessig<tlaessig@powerlinefl.com> Cc:Stefanie Raimondi<sraimondi@powerlinefl.com>; Randy Garven<rgarven@Floridadesigncontractors.com> Subject: RE:[EXTERNAL] FW:VOT WTP Upgrades-16040-002 Good Morning Tom, That's 14 weeks from today. I need to know the following with exact dates as I will have to open a claim for a time extension: 1. What was the original lead time provided by Eaton for the MCC alone? Do you have any backup documenting • the lead time. Original lead time 14 weeks 2. What exact date was the MCC originally released and then put on hold due to the ATS?Apr. 15`h(but there were still some issues with MLO for ATS slot) 3. Is the ATS the cause for the 10/7 ship date?Absolutely Otherwise,when we would have seen the MCC if released without the ATS at the time it was originally cut loose? End of July I have Eaton sending over all this info so there is no questions about time lines Thanks, Orlando Rivera Florida Design Contractors, Inc. 0. 561-275-2281 C.561-578-9075 E. orlandor@floridadesigncontractors.com From:Tom Laessig<tlaessig@powerlinefl.com> Sent:Saturday,June 29,2019 6:35 PM To:Orlando Rivera<orlandor@ Floridadesigncontractors.com> Cc:Stefanie Raimondi<sraimondi@powerlinefl.com> Subject: FW: [EXTERNAL] FW:VOT WTP Upgrades-16040-002 From:Tella, Mark E<MarkETella@JEaton.com> Sent:Saturday,June 29,2019 9:23 AM 111 To:Tom Laessig<tlaessig@powerlinefl.com> Cc:Thomas Bertone<Thomas.Bertone@cityelectricsupply.com>;Stefanie Raimondi<sraimondi@powerlinefl.com> Subject: RE: [EXTERNAL] FW:VOT WTP Upgrades-16040-002 Page 59 of 427 Agenda Item #4. • Hey Tom good morning, We are currently on schedule for a 10/7 ship date for the MCC from our plant in Fayetteville. I will continue to track it and will let you know of any changes. How are we looking with releases on the rest of the material? Below is a quick lead time update: LP1A.:4-5 Weeks TLP1: 3 Weeks Disconnects: 2-3 Weeks HOA(Crouse-Hinds):3 Weeks UPS:3-4 Weeks We can set a "do not ship before" date on the panel&transformer if you want to have them ship around the same time as the MCC. Thanks, Mark Tella Sales Engineer 1800 South Powerline Rd./Suite A Deerfield Beach, FL.33442 C:305-298-6115 E: MarkETella@eaton.com From:Tom Laessig<tlaessig@powerlinefl.com> • Sent: Monday,June 24, 2019 5:11 PM To:Tella, Mark E<MarkETella@Eaton.com> Cc:Thomas Bertone<Thomas.Bertone@citvelectricsupplv•com>;Stefanie Raimondi<sraimondi@powerlinefl.com> Subject: [EXTERNAL] FW:VOT WTP Upgrades-16040-002 Mark Update me on time frame From:Orlando Rivera<orlandor@Floridadesigncontractors.com> Sent: Monday,June 24, 2019 8:41 AM To:Tom Laessig<tlaessig@powerlinefl.com> Cc:Stefanie Raimondi<sraimondi@powerlinefl.com> Subject: FW:VOT WTP Upgrades- 16040-002 Good Morning Tom, See attached the official Engineer's submittal response with their stamp. It contains the same comments as before,just Kimley Horn's stamp. What's the status of the unit?Any dates yet? Thanks, Orlando Rivera S Florida Design Contractors, Inc. 0. 561-275-2281 C. 561-578-9075 2 Page 60 of 427 Agenda Item #4. • E. orlandor@floridadesigncontractors.com 0 From:Culpepper,Tammy<Tammv.Culpepper@kimlev-horn.com> Sent: Friday,June 21, 2019 12:52 PM To: Orlando Rivera<orlandor@Floridadesigncontractors.com> Cc:Chris Sullivan <csullivan@Floridadesigncontractors.com>; Reese,William<William.Reese@kimley-horn.com> Subject:VOT W T P Upgrades-16040-002 Orlando Please see the attached Engineer's Response to the above-referenced ATS shop drawing submittal. Thanks! Tammy Culpepper Administrative Assistant Kimley-Horn 11920 Wekiva Way I Ste. 200 I West Palm Beach, FL 33411 Direct: 561 840 0208 I Fax: 561 863 8175 Celebratinq eleven years as one of FORTUNE's 100 Best Companies to Work For • • 3 Page 61 of 427 Agenda Item #4. • Orlando Rivera Subject: RE: [EXTERNAL] FW:VOT WTP Upgrades- 16040-002 From:Torn Laessig<tlaessig@powerlinefl.com> Sent: Monday,July 1,2019 10:20 AM To:Orlando Rivera<orlandor@Floridadesigncontractors.com> Cc:Stefanie Raimondi<sraimondi@powerlinefl.com> Subject: FW: [EXTERNAL] FW:VOT WTP Upgrades-16040-002 From:Tella, Mark E<MarkETella@Eaton.com> Sent: Monday,July 01,2019 10:10 AM To:Tom Laessig<tlaessig@powerlinefl.com> Cc: 'Thomas Bertone'<Thomas.Bertone@citvelectricsupplvcom>;Stefanie Raimondi<sraimondi@powerlinefl.com> Subject: RE: [EXTERNAL] FW:VOT WTP Upgrades-16040-002 Tom, As discussed, below is our timeline for release of the MCC on this project. Please let me know if you need any additional information. • 2/15/19—MCC100 is submitted per the contracted plans and specs. 4/10/19—Initial approval of the submitted MCC design received. Eaton is advised that there is a potential change request that may be issued to add the ATS at the plant.The MCC remains on hold until a final design is confirmed. 4/25/19—RFP to add ATS100 is received.A change order is then issued for the addition of the ATS to be made at the factory. *Note,the MCC cannot be released until clear direction on whether the ATS will be added or not is received* 6/12/19—The engineer requests cutsheets of the ATS before he will approve the final design. 6/13/19—Eaton submits cutsheets for ATS100 on 6/13/19. 6/17/19—The engineer approves the design with comments.The PO is amended for the approval of the addition of the ATS. 6/20/19—Eaton sends response to the engineer's comments and confirms release of the MCC with the approved changes.The MCC is then scheduled for manufacturing. Thank you, Mark Tella Sales Engineer 1800 South Powerline Rd./Suite A Deerfield Beach, FL.33442 C:305-298-6115 E: MarkETella@eaton.com III 1 Page 62 of 427 Agenda Item #4. • -EST. 1979— CGCO403O4 FLORIDA DESIGN .--- CONTRA TORS --- July 1, 2019 William Reese Kimley-Horn 1920 Wekiva Way,Suite 200 West Palm Beach, FL 33411 Re:Tequesta Water Treatment Plant Upgrades Subject:Acid Tanks Replacement- Unforeseen Delays&Adverse Weather Mr. Reese: Per Article 12.03, please accept this letter in regards to the delays experienced to date as they relate to the Acid's Bulk and Day Tanks replacement. As you know, the 14-day replacement period was scheduled to start on Monday, June 24, 2019. However, due to concerns of a possible leak at the temporary chemical storage tank provided by the Village of Tequesta,the start date was postponed and finally resumed on Wednesday,June 25th,causing 2-days of delay from the proposed start date. • Moreover, please be informed that we experienced significant adverse weather on Saturday, June 29th, resulting in an additional 1-day delay as coatings were not able to be applied. That said, Florida Design Contractors will reserve the right to request a Contract Time Extension, under Article 12.03,for three(3)calendar days due to the reasons described above Should you have any questions or concerns regarding this matter, please feel free to contact me at 561- 275-2281. Res•-ctfu ly, •, ,b,A0„ Orlando Rivera Sr. Project Manager Florida Design Contractors CC: Jim Farrell,(K-H) Chris Sullivan,Randy Garven(FDC) • 1326 South Killian Drive, Lake Park, FL 33403 ii%i,V`vii, s:il(!t. .. J9 rli+. .>, -✓-i1 Phone: 561-845-1233 Fax: 561-848-5992 CGC-040304 Page 63 of 427 Agenda Item #4. • Orlando Rivera From: Orlando Rivera Sent: Saturday,June 22,2019 3:00 PM To: William.Reese@kimley-horn.com Cc: Jim Farrell; Randy Garven Subject: Fwd:Tequesta Bill, After talking with Randy, we will have to cancel the work planned for Monday due to apparent moisture spots in between the inner/outer tanks. I understand that you will be going to the site on Monday for inspection but we will need to cancel Cliff Berry since they will charge for mobilization should they make it to the job. Please note that this will delay the progress of the work. Should you have any questions, please contact me at 561-578-9075. Thanks, Orlando Sent from my iPhone • Begin forwarded message: From: Randy Garven <rgarven@Floridadesigncontractors.com> Date:June 22,2019 at 12:21:29 PM EDT To:Orlando Rivera<orlandor@Floridadesigncontractors.com> Put dehumidifier in looks like three spots in floor like moisture again Sent from my iPhone III i Page 64 of 427 Agenda Item #4. 7/1/2019 West Palm Beach,FL History I Weather Underground Search Locations Log in t/A... GA * (, embe o Manhattan,NY Atlanta,Sunny 78°F Sunny 87°F Sunny 26.69°N,80.09°W Palm Beach International Airport, Florida * A .11 87° PALM BEACH INTERNATIONAL AIRPORT STATION (/HISTORY/DAILY/US/FLIWEST-PALM- BEACH/KPBI/DATE/2019-7-1?CM VEN=LOCALWX PWSDASH), I CHANGE V HISTORY(/HISTORY/DAILY/US/FL/WEST-PALM-BEACH/KPBI/DATE/2019-7-1). • TODAY(/WEATHER/US/FL/JUPITER/KFLJUPIT1036), • HOURLY (/HOURLY/US/FL/JUPITER/KFLJUPIT1036). • 10-DAY(/FORECAST/US/FL/JUPITER/KFLJUPIT1036). • CALENDAR (/CALENDAR/US/FL/WEST-PALM-BEACH/KPBI/DATE/2019-7) • HISTORY(/HISTORY/DAILY/US/FL/WEST-PALM-BEACH/KPBI/DATE/2019-7-1), • WUNDERMAP(/WUNDERMAP?LAT=26.69&LON=-80.09)111 . cDaily ) Weekly Monthly June 29 2019 View Page 65 of 427 Agenda Item #4. 8 PM 9 PM 10 PM 11 PM 12 AM 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 4090 I 80 I-----\,... ..,....-----..-.....-- I ----I 70' .Temperature 1.15 0.1' 1.05 • Precipitation 20 10' _.... . _ ilik , • .Wind •Wind Direction • Gust Summary Temperature(° F) Actual Historic Avg. 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