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04/23/2019 Audit AUDIT REPORT OF BERNSTEIN PARK PROJECT BURKE CONSTRUCTION GROUP, INC. April 23, 2019 GvN G. 4c . � If v �vE co Prepared by: Internal Audit Department, Clerk of the Circuit Court Kevin Madok, Clerk of the Court and Comptroller Monroe County, Florida Audit Report of Bernstein Park Project — Burke Construction Group, Inc. Table of Contents Summary 2 Background 3 Objectives 5 Methodology 5 Audit Conclusions 6 Audit Observations and Recommendations A. Burke, Their Legal Advisor, and Insurance Agent Would Not Cooperate with the Clerk of Court's Internal Audit Department 7 B. Inconsistent Reporting of Hurricane Irma Loss Information by Burke 8 C. Unable to Confirm the Cost of Bernstein Park's Hurricane Related Repair Work 12 D. Strengthen County's Oversight of Contractors' Compliance With Insurance Requirements 13 E. Electric Bills of$17,349.26 Should Not Have Been Paid by Monroe County 17 Exhibits A. Burke's 1ST Claim Submittal to Insurance Company ($3,051,100) B. Sworn Proof of Loss Dated February 9, 2018 C. Burke Construction Group, Inc. Document Request D. Burke's Post Hurricane Repairs and Completion of Bernstein Park Prepared for Monroe County Delivered March 19, 2018 E. Adjuster Claim Analysis Summary F. Burke's Turf Evaluation— Ellis Turf Services, Inc. G. Burke's Project Cost Summary, Delivered March 19, 2018 H. Burke's Legal Advisor's Letter to County Attorney's Office I. Clerk's Response to Attorney Elder J. County Attorney's Response to Attorney Elder K. Attorney Elder's 2"d Letter L. Builders Risk Insurance Requirements For Redevelopment of Bernstein Park M. Proposers and Insurance Agent's Statements N. Auditee Responses Sandra Mathena, CPA, CFE, CIA Mike Stanek, CIA, CFE, CCSA Director of Internal Audit Internal Auditor 11 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Summary In April 2016, the Monroe County Board of County Commissioners entered into a contract with Burke Construction Group, Inc. (Burke) to be the general contractor for the redevelopment of Bernstein Park on Stock Island. The $7.9 million redevelopment project was an extensive make-over and was to include new athletic fields, new structures, and improved accessibility to the park. In early September 2017, Burke was 3-4 weeks away from fully completing this project. However, on September 10, 2017, Bernstein Park's new facilities and athletic fields sustained significant damage from Hurricane Irma. Because the redevelopment project was still underway when the hurricane hit, Burke and its subcontractors were responsible for insuring and repairing the damage to the Park. The County's Project Management Department repeatedly asked for Burke's cooperation in providing documentation for Monroe County to properly account for the hurricane damage incurred by Bernstein Park. When Burke did not respond to their attempts, Project Management asked the County Attorney to contact Burke to advise them of their contractual obligations to provide the requested information. Burke continued to be non-responsive. Burke Construction Group, Inc. did not allow the Clerk's Internal Audit Department access to their records to complete an audit as required by the contract. Internal Audit tried to contact Burke Construction Group, Inc. by certified mail, email, and telephone numerous times to set up a time to perform the audit. The audit found: • Burke would not cooperate with County Project Management, County Attorney or the Clerk of Court's Internal Audit Department. • Burke's representative referred all subsequent requests and efforts by the County and the Clerk's Internal Audit Department to their Legal Advisor. • Burke's Legal Advisor and Insurance Agent both refused to cooperate with Internal Audit requests. • There were material discrepancies between what Burke reported to its insurance company and what Burke reported to County personnel regarding the cost involved in remedying the damage caused to the Bernstein Park Redevelopment Project by Hurricane Irma. • Internal Audit was unable to confirm the cost of hurricane-related repair work at Bernstein Park. 2 Bernstein Park Project - Burke Construction Group, Inc. April 2019 • Monroe County needs to strengthen its oversight of bid proposals and construction contracts to ensure that contractors fully comply with insurance requirements and certifications. • Monroe County should seek reimbursement from Burke for electric bills erroneously paid by Monroe County for the Bernstein Park Redevelopment Project. Background At their April 2016 meeting, the Monroe County Board of County Commissioners (Board) approved awarding Burke Construction Group, Inc. the contract for the redevelopment of Monroe County's Bernstein Park (Park), a public park on Stock Island. The contract between the Board and Burke required Burke to furnish everything that was required to successfully complete the redevelopment of the Park. As detailed in the contract, Burke agreed to perform specific work for the Park's redevelopment either directly or through Burke's subcontractors. This work included (not an all-inclusive listing): • Elevating the sports fields a sufficient amount to eliminate flooding, including the installation of a retaining wall; • Providing athletic facilities (softball field, basketball courts, and soccer fields) with field lights and natural turf with drainage; • Providing a children's playground with specific play equipment and shade structures; • Building a new community center, maintenance building, and a shade pavilion; and • Installing a rainwater harvesting cistern. As is typical for construction contracts, Monroe County required Burke to obtain Builders Risk Insurance for the Bernstein Park Redevelopment Project. The terms of the contract between the County and Burke required Burke to name Monroe County as the loss payee as well as an additional insured. As a loss payee, Monroe County would be entitled to be included in all insurance claim adjustments and settlement. Burke began working on the Park's redevelopment in September 2016 for a total contract amount of $7.9 million. They were within 3-4 weeks of completing this project when Bernstein Park sustained significant damage by Hurricane Irma on September 10, 2017. Because the project was not completed when Hurricane Irma hit, Burke and its subcontractors were responsible for completing any repairs and replacement resulting from hurricane-related damage. 3 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Burke's risk adjuster conducted a Post-hurricane site inspection and found widespread damage to the entire redevelopment project site. Specifically, the adjuster found that the damage to the Park was extensive and could only be remedied by either repairing or replacing recently installed items such as the sports fields' turf, playground equipment, roofing, and fencing. Despite the terms of the County's contract, Monroe County was not named as a loss payee on the Builders Risk Insurance Policy. As a result, this allowed Burke to submit a formal claim to the insurance company without the County's knowledge. Burke's original insurance claim totaled $3,051,100. This original claim amount was subsequently revised to $3,060,974. Although Burke refused to provide either County staff or Internal Audit any documentation on the hurricane-related insurance claims they submitted for the Park, Internal Audit was able to obtain a copy of Burke's first claim submission from Burke's risk adjuster. Refer to Exhibit A— Burke's 15Y Claim Submittal to Insurance Company ($3,051,100). Burke's Vice President and the risk adjuster eventually agreed upon an actual loss of $2.7 million and signed a sworn proof of loss for this amount. Refer to Exhibit B—Sworn Proof of Loss Dated February 9, 2018. Again, Internal Audit obtained a copy of Burke's sworn statement from Burke's risk adjuster. As part of their project close-out process, Project Management repeatedly requested Burke to provide documentation to support their insurance claims made for the hurricane-related damage to Bernstein Park Redevelopment Project. Project Management requested this information to confirm the amount of the loss experienced by Burke and its subcontractors along with verifying that all aspects of the project were properly repaired or replaced. Burke did not respond to Project Management's repeated requests; rather they forwarded the County's inquiries to Burke's Legal Advisor. In turn, Project Management asked the County Attorney for legal guidance. The County Attorney also made repeated attempts for cooperation but experienced the same lack of response. On August 15, 2018 the Board had a ribbon-cutting ceremony to celebrate the completion of this project. At the October 18, 2018 signing of the Certificate of Substantial Completion, the County had no knowledge of the deficiencies noted in this report. 4 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Objectives The objectives of the audit were threefold: (1) To obtain assurance that the repairs needed at Bernstein Park due to Hurricane Irma were completed; (2) To ensure the amounts expended by Burke matched the insurance proceeds received; and (3) To determine compliance with the County's risk management policies. Methodology To accomplish the objectives of the audit, the procedures performed included, but were not limited to the following: • Performed inquiries of County employees. • Attempted to perform inquiries and audit of Burke's employees and records. • Contacted Insurance Agency to try and obtain copy of Builder's Risk Insurance Policy and to obtain the name of the Insurer. • Contacted Builder's Risk adjuster to obtain copy of Insurance policy and proof of loss related to Hurricane Irma. • Reviewed Burke's Post Hurricane Repairs and Completion Bernstein Park Report prepared for Monroe County and Delivered March 19, 2018. • Reviewed Certificates of Insurance for Builder's Risk • Reviewed Builders Risk Insurance Policy • Contacted subcontractors to try and obtain invoices for work performed after Hurricane Irma • Reviewed Application for Payments • Reviewed Change Orders • Contacted the County's Risk Insurance Consultant • Reviewed Florida Statutes • Reviewed other construction audits • Reviewed County's RFP for the Redevelopment of Bernstein Park • Reviewed Burke's response to the RFP • Reviewed Sworn Proof of Loss • Reviewed letters from Burke's Legal Advisor 5 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Audit Conclusions A. Burke, their Legal Advisor, and Insurance Agent would not cooperate with the Clerk of Court's Internal Audit Department. B. There is a $1,192,265 discrepancy between what Burke reported to its insurance company and what Burke reported to the County regarding the cost involved in remedying the damage caused to the Bernstein Park Redevelopment Project by Hurricane Irma. C. Monroe County Project Management and Internal Audit were unable to confirm the cost of hurricane-related repair work at Bernstein Park. D. Monroe County needs to strengthen its oversight of bid proposals and construction contracts to ensure that contractors fully comply with insurance requirements and certifications. E. Monroe County should seek reimbursement from Burke for electric bills of $17,349.26 erroneously paid by Monroe County for the Bernstein Park Redevelopment Project. 6 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Observations and Recommendations A. Burke, Their Legal Advisor, and Insurance Agent Would Not Cooperate with the Clerk of Court's Internal Audit Department. Observation Burke Construction Group, Inc. did not allow the Clerk's Internal Audit Department access to their records to complete an audit as required by the contract. Internal Audit tried to contact Burke by certified mail, email, and telephone numerous times to set up a time to perform the audit. Section 7.6 of Burke's contract with Monroe County allows the Clerk reasonable and timely access to Burke's books, records, and documents related to Burke's performance under the contract. On November 21, 2018, Internal Audit mailed a certified letter requesting documents from Burke. Refer to Exhibit C— Burke Construction Group, Inc. Document Request. In response, Burke referred Internal Audit to Burke's Legal Advisor. A certified request for the documents was then forwarded to Burke's Legal Advisor on November 27, 2018. Burke's Legal Advisor questioned Internal Audit's legal right to audit a contractor. As explained to Burke's Legal Advisor in a letter dated December 21, 2018, Articles V §16 and VIII §1 of the Florida Constitution grants the Clerk the legal authority to be the County's auditor. In this role, the Clerk requested the audit of the Bernstein Park Redevelopment Project. Although the Florida Constitution establishes the Clerk's right to audit, it is helpful that contracts between the County and its contractors, vendors, and consultants include a clear and strong audit provision to ensure all parties to an agreement understand the Clerk's audit authority. Burke's Insurance Agent would not cooperate with Internal Audit. It took the County Attorney contacting the Florida Department of Financial Services (DFS) and the DFS contacting Burke's Insurance Agent to get a copy of Burke's Builders' Risk Insurance Policy. The policy allowed Internal Audit to identify and contact the carrier and obtain hurricane damage information. Burke Construction Group. Inc. is in violation of this Agreement Provision by not allowing access to Monroe County to the records. It is of utmost importance that Project Management has a transparent forthright working relationship with any contractor completing work for Monroe County. According to Section 2-347 of the Purchasing Policy a contractor can be suspended from bidding on Monroe County Projects if the person fails to comply with any obligation, term or condition in an existing county contract or any other cause determined to be so serious and compelling as to effect responsibility of county contractor. 7 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Recommendation • We recommend that the Board of County Commissioners consider suspension procedures for Burke Construction Group, Inc. • We recommend that a stronger and clearer audit provision be included in future county contracts so contractors fully understand the Clerk's right to audit their records. • We recommend that Burke be compelled to provide the Clerk of Court's Internal Audit Department this information. Monroe County Proiect Management Response A. Burke, Their Legal Advisor, and Insurance Agent Would Not Cooperate with the Clerk of Court's Internal Audit Department. 1. Project Management will further research MCC §2-347(I)(1) and recommend a course of action to the Administrator/BOCC by June 1, 2019. 2. Project Management is in agreement with the recommendation and has implemented a more comprehensive audit provision. 3. Project Management is in agreement with the recommendation. Burke Construction Group, Inc. Response Burke's Legal Advisor's responses to findings and recommendations are included within Exhibit N - Auditee Response. Internal Audit Comment We did NOT audit Burke's responses and accordingly, we express no opinion on the merits of the responses. B. Inconsistent Reporting of Hurricane Irma Loss Information by Burke. On February 9, 2018 Burke's V.P. signed a Sworn Statement Proof of Loss confirming that the Park incurred $2.7 million in Hurricane damages. A month later, on March 19, 2018 the County received from Burke's V.P. a Report that included a Detailed Cost Analysis to repair Bernstein Park totaling $1.5 million. 8 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Observation Project Management and the County Attorney's Office requested many times both verbally and in writing for documentation on the Hurricane Irma loss repairs to the Park. Burke did not comply as required by Florida Statutes and did not respond to their numerous requests. Nor did they request any change orders for the Hurricane Irma damage repair work. Monroe County Project Management was not included in any claim discussions with the Builder's Risk Insurer. The County Attorney made a formal public records request to Burke to produce documents. In response, Burke did provide the County a report in March 2018 that summarized the hurricane-related damages. This report indicated that the Bernstein Park Redevelopment Project sustained damages totaling $1,530,355. Refer to Exhibit D — Burke's Post Hurricane Repairs and Completion Bernstein Park Prepared for Monroe County Delivered March 19, 2018. Though the March report stated damages totaled $1.5 million, in the previous month, Burke's V.P. submitted a sworn proof of loss statement to their insurance company stating the Park's loss totaled over $2.7 million. Refer to Exhibit B — Sworn Proof of Loss Dated February 9, 2018. Specifically, Burke's sworn statement of loss totaled $2,722,630 — a difference of $1,192,265 from the report provided to the County. Burke has refused to provide the County any support or explanation for this material difference. Table 1 details what Burke reported to the County as the Park's Hurricane Irma damage versus what Burke reported to the insurance company. Table 1 - Hurricane Repairs Burke Reported to the County Versus Burke's Insurance Claim Burke's Report to Burke's Insurance Scope of Work to be Performed the County Claim Variance General Conditions $ 307,457 $ 286,512 $ 20,945 Site Work 613,280 1,786,234 (1,172,954) Concrete 75,997 133,700 (57,703) Thermal & Damp Proofing 3,627 3,627 0 Frames, Doors,&Glazing 1,658 4,974 (3,316) Finishes 8,926 8,808 118 Specialties 0 740 (740) Equipment 241,933 186,073 55,860 Special Construction 0 13,000 (13,000) Conveying Systems 0 6,000 (6,000) Mechanical 26,200 26,200 0 Electrical 12,360 17,510 JLL50 9 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Construction Sub-Total 1,291,439 2,473,378 (1,181,939) Insurance Premium 12,914 24,734 (11,820) GC Overhead and Profit 226,002 224,508 1,494 Total Scope of Work to be Performed $1,530,355 2,722,620 $(1,192,265) Deductible (239,059) Landscape Limit (35,423) Burke's Net Insurance Receipt(02/23/2018) $2,448,138 It appears when reviewing Burke's insurance claim documents that Burke relied on subcontractor quotes from its original January 2016 bid proposal rather than seeking current cost estimates for needed repairs. As a result, the risk adjuster requested Burke provide additional information (e.g., invoices, receipts, purchase orders, and expense logs that support the costs involved in repairing Bernstein Park's hurricane damage). It is Internal Audit's understanding that Burke refused to provide their insurance company and risk adjuster the requested documents. Internal Audit was unaware of how this item was resolved. Table 2 details one of the largest items of value in the insurance settlement, the demolition and replacement of the sports fields. Burke's insurance claim indicates this totaled $1,423,513. According to Burke's claim documentation, Burke engaged the services of an expert to evaluate the extent of the damage to the turf installed at Bernstein Park and recommendations to return the Park's sports fields to pre-storm condition. Because Hurricane Irma hit during the turf's "establishment phase" the damage sustained was significant. The expert's report stated that the field's substrate may have been permanently contaminated and, if not fully replaced, could lead to long term failure of the turf. Refer to Exhibit F— Burke's Turf Evaluation— Ellis Turf Services, Inc. Internal Audit was not provided any evidence to support that the fields were demolished and replaced. Rather, it appears that Burke may have simply repaired the fields. The amount stated in the March report to Monroe County for sports field repair totaled $413,383 - a difference of $1,010,130. Refer to Exhibit G — Burke's Project Cost Summary, Delivered March 19, 2018 and Refer to Exhibit E—Adjuster Claim Analysis Summary. Table 2 Cost of Hurricane Repairs To Sports Field That Burke Reported to the County Versus Costs Reflected On Burke's Insurance Claim Burke's Report Burke's Site Work Description To the County Insurance Claim Variance 10 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Demolishment and Replacement of $ 0 $ 368,001 ($ 368,001) Sports Fields,Turf,Zone,ADS Drainage Drainage System 9,000 279,426 (270,426) Sports Fields Work(repairs and 404,383 776,086 (371,703) replacement) Totals $ 413,383 $1,423,513 ($1.010.130) The difference between what Burke reported to the County as the cost of repairing Bernstein Park's hurricane damage versus what Burke submitted as a claim to its insurance company is material. Burke represented to the insurance company that certain repairs were necessary and they were paid by the insurance company to do those repairs. There is no indication that Burke ended up doing many of these repairs or replacements. County Departments are providing further investigation into the matter. Recommendation • Monroe County Board of County Commissioners should consider suspension procedures for Burke Construction Group, Inc. on future projects. • We recommend that Burke be compelled to provide Monroe County this information. Monroe County Proiect Management Response B. Inconsistent Reporting of Hurricane Irma Loss by Burke 1. Project Management will further research MCC §2-347(I)(1) and recommend a course of action to the Administrator/BOCC by June 1, 2019. 2. Project Management is in agreement with the recommendation. Burke Construction Group, Inc. Response Burke's Legal Advisor's responses to findings and recommendations are included within Exhibit N - Auditee Response. Internal Audit Comment 111 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Burke's response did not include documentation explaining the difference ($1,192,265) between the proof of loss and the cost provided to Monroe County for hurricane repair. We did NOT audit their responses and accordingly, we express no opinion on the merits of the responses. C. Unable to Confirm the Cost of Bernstein Park's Hurricane Related Repair Work Observation Project Management and Internal Audit were unable to confirm that the hurricane-related repair work at Bernstein Park was completed. Based upon the information provided, Internal Audit suspects that the actual work completed cost substantially less than the $1.5 million Burke reported to the County. Using Burke's documentation, Internal Audit was able to identify seventeen of Burke's subcontractors related to the Bernstein Park Redevelopment Project. Breakdown of the 17 subcontractors responses are as follows: • 5 of the 17 did not do any work on Bernstein Park; they only provided a bid proposal. • 4 of the 17 did original work but no repair/hurricane damage work. • 4 of 17 Burke directed them not to share invoices with the Internal Auditors. • 2 of the 17 Internal Audit received documentation for repair work. • 2 of the 17 were unknown. Some of the subcontractors indicated that they had to contact Burke for permission to give us the information. Internal Audit received no information after these subcontractors contacted Burke. While Internal Audit was requesting information from the subcontractors, the County Attorney's Office received a cease and desist letter from David Elder (Burke's Legal Advisor). Refer to Exhibit H — Burke's Legal Advisor's Letter to County Attorney's Office. Internal Audit responded to Attorney Elder's letter. Refer to Exhibit I — Clerk's Response to Attorney Elder. The County Attorney also responded to Attorney Elder. Refer to Exhibit J — County Attorney's Response to Attorney Elder. Internal Audit continued trying to obtain documentation and received another letter from Burke's Legal Advisor. Refer to Exhibit K—Attorney Elder's 2nd letter. Recommendation • Monroe County Board of County Commissioners should consider suspension procedures for Burke Construction Group, Inc. on future projects. 12 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 • We recommend that Burke be compelled to provide documentation that supports their costs for repairing hurricane-related damage to Bernstein Park. Monroe County Proiect Management Response C. Unable to Confirm the Cost of Bernstein Park's Hurricane Related Repair Work 1. Project Management will further research MCC §2-347(I)(1) and recommend a course of action to the Administrator/BOCC by June 1, 2019. 2. Project Management is in agreement with the recommendation. Burke Construction Group, Inc. Response Burke's Legal Advisor's responses to findings and recommendations are included within Exhibit — N Auditee Response. Internal Audit Comment Burke's response did not contain documentation of the hurricane loss repairs. We did NOT audit their responses and accordingly, we express no opinion on the merits of the responses. D. Strengthen County's Oversight of Contractors' Compliance With Insurance Requirements Observation When preparing a bid proposal for the County's construction projects, contractors are required to demonstrate that they have the ability to meet specific insurance requirements if they are awarded the contract. For example, the bid form contains instructions for the bidder's insurance agent to review and sign a statement signifying that the required coverage is in place or will be timely obtained and provided if awarded the project or contract. As an example, the Insurance Agent's Statements in Burke's Proposal is "I have reviewed the above requirements with the proposer named above." Internal Audit confirmed that Builders Risk Insurance was required by contractors in the Bernstein Project bid proposal. The insurance requirements were established in conjunction with the development of the project, activities, services, and procurement. Refer to Exhibit L — Builders Risk Insurance Requirements For Redevelopment of Bernstein Park. 13 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 The Insurance Agent Richard French of Collingsworth, Alter, Fowler & French did not include the Builders Risk in his signed Insurance Agent's Statement. Refer to Exhibit M — Proposers and Insurance Agent's Statements. Therefore the proposal was not completed correctly due to this omission. Section 00120 of the Redevelopment of Bernstein Park bid documents Insurance Requirements and Forms—General Insurance Requirements for Construction Contractors and Subcontractors states: "The Monroe County Board of County Commissioners, its employees and officials will be included as 'Additional Insured' on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property." Once a contract is awarded, Risk Management's policies and procedures require verification that a contractor has obtained the required insurance. This is typically accomplished by having the contractor furnish a Certificate of Insurance (COI). A COI summarizes the coverages that are being maintained by the insured. It also specifies special provisions, such as the County being included as an "Additional Insured". Risk Management's established policies and procedures further states that upon receipt of a COI, Risk Management will review it to ensure that: (1) it includes all required types and amounts of insurance for an acceptable coverage period; (2) that the insurance company is acceptable to the County; (3) that it specifically names the Board as an additional insured; and (4) that the policy (ies) have not expired. The COI must be filed with the contract's documents and reviewed thirty days prior to the expiration date of any of the insurance coverages reflected on the COI. At that time an updated certificate is required. A copy of the updated certificate must also be forwarded to Risk Management upon receipt. Risk Management did not ensure that Burke's COI was in accordance with the contract documents. The COI did not list the name and address of the Insurance Company. It only stated Lloyd's of London. The COI did not list Monroe County as the Loss Payee. If there is a discrepancy between the COI and the Insurance Policy, the Policy takes precedence. When Internal Audit contacted the Insurance Agency by certified mail and email to obtain a copy of the Builders Risk Policy, they refused to provide it and directed Internal Audit to contact Burke. The County Attorney's Office was finally able to obtain Burke's insurance policy after requesting intervention by the State of Florida's Division of Financial Services. 141 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Recommendation • We recommend that Project Management and other County employees receive training on insurance requirements to ensure that bid proposals and contracts include properly completed insurance-related documents. • We recommend that Risk Management obtain completed certified builder's risk policies for all the County's construction projects. Monroe County Project Management Response D. Strengthen County's Oversight of Contractors' Compliance With Insurance 1. Project Management agrees with the recommendation. Risk Management and all Project Management employees will attend training being presented by Risk Management. 2. Project Management is in agreement with the recommendation, will obtain, and forward to Risk copies of full certified Builder's Risk Policies. Policies will be retained in the project files. Project Management is exploring the advisability of owner acquired Builder's Risk coverage. Monroe County Risk Management Response The first recommendation reads: "We recommend that Project Management and other County employees receive training on insurance requirements to ensure that bid proposals and contracts include properly completed insurance-related documents." Risk Management fully concurs with this recommendation. By no later than May 15, 2019, Risk Management will present a seminar to employees within Project Management, Airports, Budget, and any other department involved in procurement or oversight of construction projects of any type, to present a seminar to train the employees on insurance requirements for these projects. Risk Management will present the seminar again at least annually (or more frequently if insurance requirements change) and will take steps to record the presentation so that it is available on demand for new employees between the annual presentations. The second recommendation reads: "We recommend that Risk Management obtain completed certified builder's risk policies for all the County's construction projects." 15 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 Risk Management also fully concurs with this recommendation. In the case of construction projects, the Risk Management Policies and Procedures (RMPP) (attached to Administrative Instruction 7500.7) and specifically the "Schedule of Insurance Requirements for Construction Contractors, Subcontractors and Professional Services" within the RMPP already requires the vendor to provide proof of Builder's Risk insurance on Certificate of Insurance for certain types of construction projects (any construction project (new or renovation) in which the structural integrity of the building is involved). The RMPP currently says that the Builder's Risk policy must name Monroe County as a Loss Payee in addition to Additional Insured. Having the County named as a Loss Payee gives the County additional protections beyond "insured" or "additional insured." Had the County been named as a "loss payee" on the Builder's Risk policy in this case, Burke would not have been able to present and settle its insurance claim with its carrier directly, without notification to or involvement of the County. The primary onus is on the department to ensure that the contract requires Builder's Risk insurance as well as the other insurance coverages and to ensure that the vendor provides the COI showing Builder's Risk coverage (where required). Currently, Risk Management reviews relevant documents at three times • When Procurement documents (bid packages or Requests for Proposal) are sent to Risk for review, if they are presented to the BOCC as part of agenda backup; • When the contract is sent to Risk Management for review, either because the contract is routed internally for approval (if it is a "small contract", under $50,000) or when the contract is presented to the BOCC for approval; • When the Certificate of Insurance (COI) is sent to Risk for approval (generally, at or shortly after contract execution). Risk Management reviews the COI to make sure that a COI for Builder's Risk Insurance is submitted (in addition to the other types of insurance coverages), and to make sure that the COI for the B.R. names the County as a Loss Payee (not just Additional Insured or Additional Insured). Risk Management will continue to review those documents at those times and to work with the departments to ensure that the procurement documents call out the correct required insurance coverages; the contract specifies the correct insurance requirements; and the vendor (through the department) provides the correct COI. Beginning January 30, 2019, for construction contracts, when COls are sent to Risk Management for approval, Risk Management also began requiring the procuring department to provide a full copy of the contract and an entire copy of the vendor's Builder's Risk policy together with the COI. If the COI is not correct, or if it does not arrive with a copy of the contract and a full copy of the Builder's Risk policy, Risk Management returns the COI to the requesting department with a notice of the additional information required. 16 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 This new step was communicated to departments in the form of an e-mail. Risk Management is also in the process of issuing a separate Administrative Instruction that will be distributed to All Users conveying the same information. Also, effective April 15, 2019, on the recommendation of the County's insurance consultant (Mr. Sid Webber from Interisk),Risk Management will require vendors to name the County as an Insured (not Additional Insured) as well as Loss Payee on projects for which Builders Risk insurance is required. This will also be communicated to all County departments through the Administrative Instruction. Risk Management will also be revising the RMMP to conform with this change. Burke Construction Group, Inc. Response Burke's Legal Advisor's responses to findings and recommendations are included within Exhibit N - Auditee Response. Internal Audit Comment We did NOT audit Burke's responses and accordingly, we express no opinion on the merits of the responses. E. Electric Bills of$17,349.26 Should Not Have Been Paid by Monroe County Observation The County paid Bernstein Park's electric bills from September 2017 through August 2018 totaling $17,349.26. However, under the terms of the contract between the County and Burke, the utilities were included as a cost until the project reached full completion. The electric bills were automatically set to return to expenses of Monroe County at the end of the project. The project dates were extended but the electric company was not notified of the extension. Project Management was notified of these incorrect charges but did not deduct them from the last retainage check. Project Management should recover these funds from Burke. Recommendation • We recommend that Monroe County management recover the $17,349.26 Monroe County Proiect Management Response 17 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 E. Electric Bills of$17,349.26 Should Not Have Been Paid by Monroe County 1. Project Management is in agreement with this recommendation and will file a claim with the Contractor by May 15, 2019. Burke Construction Group, Inc. Response Burke's Legal Advisor's responses to findings and recommendations are included within Exhibit N - Auditee Response. Internal Audit Comment We did NOT audit Burke's responses and accordingly, we express no opinion on the merits of the responses. 18 1 Bernstein Park Project - Burke Construction Group, Inc. April 2019 EXHIBITS EXHIBIT A BURKE'S 1ST CLAIM SUBMITTAL TO INSURANCE COMPANY ($3,051,100) BURKE Construction Group Inc. HURRICANE I RMA REPAIRS TO PARK yr - lij o ;low �.. M a pdav f 'RMz' BERNSTEIN PARK - STOCK ISLAND MONROE COUNTY, FLORIDA R�ua BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA MAYOR, DANNY KOLHAGE, DISTRICT 1 MAYOR PRO TEM, HEATHER CARRUTHERS, DISTRICT 3 GEORGE NEUGENT, DISTRICT 2 DAVID RICE, DISTRICT 4 SYLVIA J. MURPHY, DISTRICT 5 MONROE COUNTY ADMINSTRATOR ROMAN GASTESI OCTOBER 1 8, 201 7 BURKE Construction Group Inc. OCTOBER 1 B, 20 1 7 EMAIL: RANDY.OXEN@OMC-USA.CC RANDY OXEN EXECUTIVE GENERAL ADJUSTER GM CONSULTANT-USA 341 3 SUNNYWOOD DRIVE FULLERTON, CA 92B3S RE: BERNSTEIN PARK— STOCK ISLAND HURRICANE IRMA STORM DAMAGE REPAIRS Dear Randy As you are aware, Burke Construction Group, is the general contractor responsible for the redevelopment and construction of the Bernstein Park Project on behalf of Monroe County, located on Stock Island (Key West), Florida The park sustained damaged to various components of the project. Enclosed, please find our estimate to make the necessary repairs and bring the park/project back to the conditions prior to Hurricane Irma. Unfortunately, Monroe County and various parts of the keys were greatly devastated by the storm. The County Administrator had ceased all projects throughout Monroe County to focus on clean-up, infrastructure and utilities except for this project. Initially, this project was shut down along with the others, however, given the significance in restoring hope to the community, the County decided it would be best to proceed forward and complete the project as quickly as feasible. I cannot begin to explain to you the enormous pressure we are under to complete this project. After you have reviewed the enclosed information, please call me to discuss any questions or any additional information you may require. Kind Regards, 710-*7 23.4,ke Tony Burke, CEO 10145 NW 19th Street •Doral, FL 33172 • P: 305.468.6604 • F: 305.468.6654 www.burkeconstructiongroup.com General Contractors I Construction Management I Design-Build I I Green Construction I Interior Improvements I CGCA#38309 TABLE OF ■ TAB 01 GENERAL PROJECT INFORMATION TAB 02 ELLIS TURF EVALUATION TAB 03 PROJECT SCOPE OF WORK TAB 04 PROJECT PLANS OF AFFECTED AREAS TAB 05 DETAILED COST ANALYSIS TAB 06 PROJECT PHOTOS TAB 07 SUBCONTRACTOR ESTIMATES 1 ,101 BURKEc GENERAL PROJECT INFORMATION BURKE OCTOBER 201 Construction Group Inc. 1 ,01 BURK E Construction Group it BERNSTEIN PARK EXECUTIVE SUMMARY PROJECT: DESCRIPTION: RE-DEVELOPMENT OF 6 ACRE PARK, CONSISTING OF: SOFT BALL FIELD — SOCCER FIELDS & BASKETBALL COURT CHILDREN'S PLAYGROUND COMMUNITY CENTER — 6,650 SQ.FT. MAINTENANCE BLDG. — 960 SQ.FT. SHADE PAVILLION — BOO SQ.FT. (20 X 40) RAINWATER HARVESTING CISTERN — 1 5,000 GAL. TANK CONTRACT SUM: $7,921 ,975.00 DECEMBER 21 BT, 2015 NON-MANDATORY PRE-BID CONFERENCE JANUARY 1 9T~, 2016 BID DATE (3:00PM) APRIL 2OT", 2016 NOTICE OF AWARD APRIL 2OT", 2016 CONTRACT DATE Au[3UST 8T~, 2016 NOTICE TO PROCEED SEPTEMBER 5T~9 2016 DATE OF COMMENCEMENT OCTOBER 16T", 2017 SUBSTANTIAL COMPLETION DATE — PRIOR TO HURRICANE IRMA (INCLUDES ALL CONTRACTUAL TIME EXTENSIONS) NOVEMBER 1 6T", 2017 FINAL COMPLETION DATE — PRIOR TO HURRICANE IRMA (INCLUDES ALL CONTRACTUAL TIME EXTENSIONS) NOTICE OF COMMENCEMENT A RECORDED COPY MUST BE POSTED ON THE JOB SITE AT TIME OF FIRST INSPECTION A Notice of Commencement must be filed with Clark of Court,and recorded copy submitted to Building Department prior to first inspection,if the job valuation is$2,500 or more(FS Section 713.02(5)). This does not apply to a direct contract to REPAIR or REPLACE an EXISTING healing or air-conditioning system in the an amount less than$7,500(FS Section 713.135(d)),or to any political subdivision,agency,or department of the state,a municipality,or other governmental entity.(FS 713.01(23)) PERMIT NO.1-5 1 035G0 TAX FOLIO NO:00127300 -0Q0000, STATE OF FLORIDA,COUNTY OF MONROE Space above reserved for use of recording office. THE UNDERSIGNED hereby gives notice that improvement will be made to certain real property, PREPARED BY Name and Address): and in accordance with Chapter 713,Florida Statutes,the following information is provided in this Notice of Commencement. I D 1416 Af Lt1 fq l+, :51 1. Legal description of property: Lot 1 Block 57 Bldg!3 Unit ft Subdivision Street address if available: 6751 5th Street,Stock Island,FL 33040 2. General description of improvement:Redevelopment of Bernstein Park 3. a. Owner(s),or Lessee Contracted for Improvement Name:Monroe County Board of County Commissioners Address:500 Whitehead Street,Key West,FL 33040 b. Interest in property: c. Name and address of fee simple titleholder: (if different from Owner listed above): 4. a. Contractor's Name: Burke Construction Group, Inc. b.Phone number. (305)468-6604 Address: 10145 NW 19th Street,Doral,FL 33172 5. Surety(if applicable,a copy of the payment bond is attached): c.Amount of Bond$ 7,921,975.00 a. Name: Arch Insurance Company b.Phone number 212-651-6500 Address: 300 Plaza Three,Jersey City,NJ 07311 6. a. Lender's Name: b.Phone number Address: 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7.,Florida Statutes: a. Name: Johnnie Yongue Address: 500 Whitehead Street,Key West,FL 33040-6581 b. Phone numbers of designated persons: 305-292-4429 8. a. In addition to himself/herself,Owners designates Tony Burke, 10145 NW 19th Street,Doral, FL 33172 of Burke Construction Group, Inc. to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes. b. Phone number of person or entity designated by owner.305-292-4429,305-504-4148 9. Expiation date of this Notice of Commencement: (the expiration date is 1 year from the date of recording unless a different data is specified). WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. VERIFICATION URSUANT T SECTION 92.525,FLORIDA STATUTES Under penalties o Wry, I d re at I have read the foregoing and that the facts stated in it are true, to the best of my knowledge and belief. Signatures)of Ow r(s Lessee,or Messee=hojfized Offrcer0rector/PartnerlManager Print Name Titie/Office PRo.\G C.—r MAN A(j►k rz Print Name Title/Office STATE OF Ff""'' d COUNTY OF M'—r•f— The foregoing instru ant was acknowledged before me this t'f q day of G,,f'' L" zo r 6 By J v 4"h/a y o h 9 a.& O Individually, Or aS �ro/CGT Manay`.r for MdHIve, C-A 4I~I oGC Personally known, or ❑ pr IF the foil 9wi a of ide ' cation: Signature of Notary Public: „ Print Name: I'1tARACL (SEAL) K I► COMMM NIFF009MS �N,M•' YMi11A„ryt�I'1� Updated 8/27/2013 1 ,01 BURKE Construction Group Inc.. TITLE PAGE PROJECT: BERNSTEIN PARK REDEVELOPMENT STOCK ISLAND, FL (KEY WEST) CONTRACTOR: BURKE CONSTRUCTION GROUP, INC. 10145 N.W. 1 9T" STREET DORAL, FLORIDA 331 72 PH: 305-468-6604 FX: 305-468-6654 WB: WWW.BUPKECONSTPUCTIONC3POUP.COM MAIN POINT OF CONTACT: TONY BURKE DIRECT: 305-468-6604 EXT. 1 6 CELL: 305-986-41 75 EMAIL: TBURKE�BCGCONSTRUCTION.NET PROJECT TEAM: PROJECT EXECUTIVE GRES GALMIN PROJECT MANAGER ARMANDO SILVEIRA PROJECT SUPERINTENDENT DARREN WHITESIDE PROJECT SUPERINTENDENT DANIEL ANDREWS PROJECT COORDINATOR LOANA DELVILLAR FIELD TURF TEAM: PROJECT EXECUTIVE BRAD MORETTI PROJECT MANAGER BRIAN LIPPOLD FIELD FOREMAN BRIAN LANC30WSKI 10145 NW 19 Street Doral, Florida 33172 • P: 305.468.6604 • F: 305.468.6654 www.burkeconstructiongroup.com General Contractors I Construction Management I Design-Build I Green Construction I Interior Improvements I CGCA38309 ELLIS TURF SERVICES EVALUATION NOTE: THE ENCLOSED PROVIDES AN INDEPENDENT EVALUATION OF THE PRESENT CONDITION OF THE TURF FOR THE SPORTS FIELDS, PROVIDE BY ROBERT ELLIS, WHO IS RECOGNIZED AS A WELL KNOWN TURF EXPERT IN THE SPORTS FIELD INDUSTRY. BURKE OCTOBER 201 Construction Group Inc. 1, Ellis Turf Services , Inc . c- Robert K. Ellis President Etsi 1960 t@x yahoo.com Ellis Turf Services, Inc_ is a turfgrass advisory company located in Central Florida that specializes in all aspects of recreational turf. Owner/President, Robert K. Ellis, has over 36 years of experience in the turfgrass field. What we do: • Provide agronomic consultation for all types of turf projects. This includes turf diagnosis and maintenance recommendations for both new installations and existing projects. • Provide construction design services, specifications, and recommendations for projects such as athletic fields, golf courses, sod farms, private residences, right of ways, etc. This includes both natural and synthetic turf. • Provide inspection services during all phases of project construction. Ellis Turf Services, Inc. has a maintenance division that performs specialized maintenance practices such as aerification, topdressing, and horticultural services for both new job start up and existing projects. Robert Ellis has worked directly on numerous projects including Champions Gate Golf Resort, Liberty County Schools District (Athletic Fields), Eastern Florida State College, City of Lakeland, City of Auburndale, and the City of Winter Haven. 173 Sunrise Hill Lane 0 Auburndale, FL 33823 • 407-509-7417 Ellis Turf Services , Inc . -fpl Robert K. Ellis: President Ij Etsi l96f}�7a yahoo,com October 10, 2017 Mr. Brad Moretti President of Civil & Sports Turf Division Burke Construction Group, Inc. 10145 NW 19th St. Doral, FL 33172 Office: 305-468-6604 bradgbcgconstruction.net Re: Fields at Bernstein Park, Stock Island Florida Dear Brad: The athletic field complex at Berstein Park, located at 6751 51' Street, Stock Island, FL 33040 was recently impacted from Hurricane Irma. The turf areas were recently installed and was in the establishment phase when the hurricane hit the site and the turf is currently exhibiting severe injury from the direct result of the storm. The first 30-45 days after any turf has been installed is the most crucial time for proper turf establishment. During this establishment phase, proper maintenance practices are mandatory in order for the turf to mature for extended athletic activities. The most important practice is for the turfgrass to have consistent water applications (either via irrigation cycles or rainfall) at frequent intervals primarily during this establishment period. This is due to new turf not having any root mass to draw water from deep within the rootzone area. Once established with deep rooting, turfgrasses can then be watered as necessary based upon environmental conditions. This new turf had only been installed less than 3 weeks and was very juvenile and susceptible to injury and stresses. Once the hurricane hit the site, several issues then occurred. First off was the loss of power, thus the loss of the ability of the turf to be watered properly for establishment. There is a wide range of tolerance to lack of water among turfgrass species. These fields were sodded with Seashore Paspalum and this turf would be considered average as far as drought tolerance is concerned. Drought tolerance relates to the ability of a turfgrass species to recovery from injury due to extended periods of time without water. Drought tolerances are also measured upon mature turfgrass. Any newly planted turfgrass will not have it best performance until full rooting depth is acquired and the plant is mature. This usually takes a minimum of 90 days for full establishment but this can be longer depending upon environmental conditions, type of turf used, soil it is being grown on, etc. The new turf is exhibiting severe injury due to lack of proper watering practices during the period after the storm. A mature established Seashore Paspalum is very slow to recover from any drought related stresses and can take several months to recover. This turf went from the farm to the field and was still in a transitioning phase when the storm hit, in my opinion, voiding opportunity for recovery. 173 Sunrise Hill Lane • Auburndale, FL 33823 • 407.509.7417 Brad Moretti Burke Construction Bernstein Park Turf October 10, 2017 Page 2 of 3 Secondly, upon notice of the storm's arrival, evacuation orders were given to leave the Keys. This left no personnel to monitor irrigation cycles and perform necessary maintenance practices to help the establishment process of the turf. Practices such as rolling, mowing, fertilization are all necessary to provide smooth, level playing surfaces. Thirdly, during the height of the storm, the field area was then covered with water. This water most likely had very high levels of salts from local seawater and potentially other contaminants, such as oils, etc. from roads. Salts in the soil profile are very damaging to turfgrass, especially delicate juvenile roots. Seashore Paspalum was chosen to be used on these fields due to its ability to withstand higher salt concentrations as compared to other turfgrass species. It can also tolerate reduced quality irrigation water typically associated with reclaimed water used for irrigation purposes. This is only true on mature, established turf. Research has proven that Seashore Paspalum is similar in needs to other comparable turfgrass species during the establishment period, thus needing both proper water quantity and quality (low salt, bicarbonates, etc.). The contractor, Burke Construction Group, had a 90 day maintenance/establishment period which began immediately after the turf was installed. The county would then inspect the field(s) after that time and then either accept the fields or identify areas which still require attention. The county would then schedule athletic events which could be used as a revenue source for athletic tournaments. Burke is well over halfway of their maintenance period and the turf will never meet acceptance by the county by the turnover period. The other factor to this is the fact Burke has to warranty the fields for a period of 1 year after acceptance by the county. Due to the fields being submerged for an extended period of time, there is no way of knowing the impact this may have on the rootzone over the long term. This could be from higher salt levels as previously discussed, contamination from outside sources such as oils, etc. and also potentially fine silts that could be left deposited over the surface after the water level receded. The field was constructed with a rootzone layer of 4" of premium quality USGA sand blended with Sphagnum peat. This is the ideal material to grow high quality turf that is to be used for extended athletic use. This is the same material that is used under professional golf greens and professional athletic fields. It is extensively tested during all phases of the blending process to insure exact particle size quality it met. Any variances will greatly impact percolation rates, compaction resistence, etc. Any high quality turf that becomes submerged for any length of time can be susceptible to a layering from fine silt that can be left behind. This can be very detrimental over the long term and the impact from this may not immediately be identified. While not all of the turf is currently impacted, much of it is. It is also very unlevel due to the lack of practices performed during the hurricane period. Because the county is buying a "turnkey"product, the only way to fully insure the long term quality of the field would be to remove all of the turf and the 4" of rootzone mix and replace it. Because a lot of the turf is demonstrating stress, patching the bad areas of the existing turf is probably more expensive than replacing and starting over. Besides, a patch is a patch and requires highly skilled installers to blend it in perfectly. This is very time consuming and requires additional work of topdressing, rolling, etc. for perfect blending of the existing and new. Often times patches can be identified for extended time due to high/low spots. I work with many county athletic field projects and know from firsthand experience they will not accept sub-standard work to any extent or reason. Removal of the rootzone mix would also insure that there would be no long term impact to this area either. Replacing only the turf and then an issue arise either during Burke's 1 year warranty period or even after that period expired that could be directly 173 Sunrise Hill Lane • Auburndale, FL 33823 • 407.509.7417 Mr. Brad Moretti Burke Construction Bernstein Park Turf October 10, 2017 Page 3 of 3 attributed to contaminate rootzone mix would be disastrous. This would be costly to repair, not to mention the possible loss of revenue while the field(s)had to be repaired or completely renovated. It should also be noted that the field does have underground drainage and irrigation. While these most likely would not be directly impacted from the storm, they most likely would receive some damage during the demolition process of removing and replacing the rootzone mix and turf. The drain lines consist of 1"x 12" flat plastic drain pipe laid directly on the floor of the sub-grade with the 4" of rootzone mix installed directly on top of it. There is virtually no way to completely remove all the rootzone mix without extensive damage to the exposed drain pipes, especially from construction equipment. While the sprinkler main lines are installed deeper so they have less chance of damage, the actually sprinkler heads and risers (swing joints) themselves will need to be removed and then reinstalled to prevent damage to them. This requires additional labor to prevent damage to these components. In summary, the timing of the storm could not have been worse. The county wants to assume a fully functional athletic complex that was built to the high-quality design standards from the architects. The intent of these design specifications was to provide construction methods that would allow the fields to tolerate high use intensities and still maintain safe, quality turf conditions. If you have any questions feel free to contact me at any time. Best regards, Bobby Ellis, President Ellis Turf Services, Inc. 173 Sunrise Hill Lane • Auburndale, FL 33823 • 407.509.7417 Robert Keith Ellis 173 Sunrise Hill Lane Auburndale, Florida 33823 (0) 863-984-5114 (C) 407-509-7417 E-mail: etsi1960(cwahoo.com 2012 - Present Golf Agronomics Supply& Handling, Sarasota, Florida Regional Manager. Sales/technical representative for Central/North Florida area supplying construction materials for the turf and landscape industry. 2006 - Present Ellis Turf Services,Inc.,Auburndale, Florida Owner/President. Provide complete agronomic services for various turf projects including athletic complexes, golf courses, and private residences. 2006 - 2012 Florida Potting Soils,Inc., Orlando, Florida Technical Representative/District Manager. Responsible for advisory and sales of construction materials for athletic fields, golf courses, landscape projects, etc. for the Southeast Region - Golf and Athletic Division. 2006 UNITED GOLF CONSTRUCTION,Polk City, Florida Operations Manager - Staff Agronomist. Responsible for management operations for golf course construction company, including bidding,job quality controls, and agronomic needs for 60 acre bermudagrass sod farm. 1999—2005 CHAMPIONS GATE GOLF RESORT,Kissimmee, Florida Golf Course Manager. Responsible for all aspects of hard construction, grow-in, and upon completion, all maintenance operations of 36-hole Greg Norman designed golf resort. Also designed and constructed 9-hole Par 3 course for the OMNI Hotel @ Champions Gate. Hosted numerous professional and amateur events including 2003-2005 Office Depot/Father Son Challenge, 2002 & 2003 Canadian Tour qualifying School, and 2002 Florida State Amateur. 1994 - 1999 INDIAN RIVER CLUB,Vero Beach, Florida Golf Course Superintendent/Project Manager. Responsible for complete project development of 18-hole golf/residential community including golf course construction/grow-in, landscape design and installation, common area/residential irrigation design, and infrastructure utilities. Project was awarded Audubon Signature Status, Audubon International's highest award for responsible project development and commitment to environmental awareness in 1996. 1992— 1994 QUEEN'S HARBOUR YACHT & COUNTRY CLUB,Jacksonville, Florida Golf Course Superintendent. Responsible for management of personnel, procurement of supplies, budgeting, and complete maintenance operations of 18-hole private golf club located within environmentally sensitive boundaries of the Atlantic Intracoastal Waterway. Robert Keith Ellis Page 2 1990— 1992 GRASSLANDS GOLF & COUNTRY CLUB, Lakeland, Florida Golf Course Superintendent. Responsible for construction, grow-in, and complete maintenance operations of 18-hole Bob Cupp/Jerry Pate designed private golf club. 1983— 1989 LAKE REGION YACHT & COUNTRY CLUB,Winter Haven, Florida Golf Course Superintendent. Directed all maintenance operations of 18-hole private club, including both golf course and landscape management of entire project and oversaw complete reconstruction of greens and surrounding areas including bunkers, irrigation, drainage, and cartpaths. Worked closely with architect Dean Refram planning, designing, building, to completion of work. 1981 — 1983 GRENELEFE GOLF & TENNIS RESORT, Grenelefe, Florida Assistant Golf Course Superintendent. Directly managed East Golf Course and assisted administrative direction for golf course maintenance operations for 54- hole resort. Experience included extensive involvement with construction/grow- in of South Course and tournament prep for numerous NCAA, Mini-Tour, and PGA Tour Qualifying events. 1977- 1981 Various turf internships at William L. Hutcheson Golf Club, Lakeland, FL, Boca West Golf Resort, Boca Raton, FL, and Walden Lake CC, Plant City, FL. EDUCATION LAKE CITY COMMUNITY COLLEGE, Lake City, Florida A.S., Golf Course Operations, 1981 - Honor Graduate with 3.96 GPA. PERSONAL ACHIEVEMENTS • Appeared in 1996 Episode of ESPN's Par for the Course, sponsored by The Golf Course Superintendents Association of America (GCSAA) • Member of the Florida Turfgrass Association since 1979. • Served as President of the Florida Turfgrass Association in 2002-2003. • Member of the Florida Golf Course Superintendents Association since 1989. • Founder and past President of the Ridge Chapter of the FGCSA. • Former Vice President of the Treasure Coast Chapter of the FGCSA. • 20 year member of the GCSAA. • Member of the Central Florida Sports Turf Managers Association since 2011. • Hosted many professional, intercollegiate, and amateur golf tournaments. 0 Co-MVP of High School Golf Team (senior year). PROJECT SCOPE OF WORK 1 ,101 B U R K E Construction Group Inc. 1 ,101 BURKE BERNSTEIN PARK— HURRICANE REPAIRS Construction Group Inc. �101' 10J ATIT101.4A ' ' The intent of this narrative is to provide a description of the scope of work and to further the reader's understanding of what is included and excluded in the scope of these repairs based on the Contractual requirements and pursuant to our meetings/discussions with Monroe County. C3€N€RAL NoTATioN I It is important to note that Burke Construction Group is one of only three certified field contractors, certified by the American Sports Builders Association (ASBA) in the State of Florida. Certification requires a very high level of expertise and experience in the construction of sports fields. Burke has constructed numerous fields for municipalities, schools and professional teams around the country. The heart of this project consists of the playing fields, both soccer and soft ball fields. There are ancillary components that support the fields such as a small community center with a concession stand, children's playground and shade pavilion. The Field Turf is comprised of the following system: Sub-base materials ADS flat drains to drain the playing fields quickly Perimeter field drainage collection system Four-inch (4") root zone Supreme Paspalum Natural Turf. The project consists of six (6) acres.As part of the project scope the entire site was raised by approximately three (3) feet to eliminate any flooding of the sports fields. The material used to raise the fields was supplied by Monroe County. The raising of the fields was a FEMA requirement,so that these fields could also be used for both evacuation and staging purposes during any emergency crisis. FEMA assisted Monroe County in the funding of the field construction. Over the past two (2) weeks, Burke Construction, on our own accord has spent countless manhours,equipment time,applications of fertilizers and insecticides,air-rating of the fields and grooming the fields in an attempt to salvage the turf. Unfortunately, our attempts have not prevailed. In addition to the exposure to salt water and high winds, another main contributing factor to the fields failure was that there was not water available for twelve(12) days after the initial storm event. After thirteen (13)years of planning and raising the funds to construct this project, Monroe County is very anxious to complete the project and begin utilizing the fields for the many leagues in the community. October 18, 2017 Page 1 1 ,101 BURKE BERNSTEIN PARK— HURRICANE REPAIRS Construction Group Inc. • ' • ATIT101.4 A L1 F-An' ®IyisioN 1 — NCH€61L€: Prior to the storm hitting the project was approximately three weeks from completion. We are estimating that the project will take six (6) months to complete the repair work. It is difficult to provide an exact completion time due to the fabrication and availability of certain building components,such as the Ultra aluminum fencing,canopies,playground surfacing and equipment etc.. We have based our estimate on completing the project within the next six(6) months. 13€N€RAL CBNBITIBN-: A) Project Management-the original management team, consisting of a Project Manager, two Superintendents, Sports Field Manager and project coordinator will remain on-site until project completion and close-out. B) Insurance Requirements - We have included general liability insurance, worker's compensations expenses, and automobile insurances,with an $ 8M Umbrella. C) Testing and Inspections - Limited fees associated with testing, geotechnical reports, soil testing and field certifications are included in the estimate. Sr.npF aF REPAiRso 2.01 GENERAL: ❖ Provide supervision, management and temporary facilities to complete the necessary repairs to the project ❖ Provide and re-establish Field Control Lines by professional licensed surveyor, Florida Keys Land Surveying, Inc. ❖ Offsite debris removal and fees ❖ Materials Testing by Universal Engineering 2.02 GENERAL DEMOLITION: ❖ First Floor Community Center Remove Fire Sprinkler Piping ❖ Demo Existing Drywall Partition Vestibule Rm 105 ❖ Demo Existing Drywall Partition Security Rm 117 ❖ Remove Damaged HM Doors (3 of 5 doors) ❖ Demo Playground Play Surface ❖ Remove Damaged Playground Equipment& Disposal ❖ Remove columns for Sail Structure& Canopies ❖ Remove Column Foundations ❖ Remove Bollard Lights @ Entrance typ. of 10 each ❖ Remove Damaged Wood Fencing ❖ Remove Metal Wall Panels @ Maintenance Bldg ❖ Remove&Dispose of Custom Fence October 18, 2017 Page 2 1 ,101 BURKE BERNSTEIN PARK— HURRICANE REPAIRS Construction Group Inc. �101' qqj ATIT101.4EAR' METIA ❖ Remove &Dispose of Chain-link Fencing @ Basketball Court ❖ Remove &Dispose Retaining Wall &Foundations @ Basketball Court ❖ Demo Asphalt Paving @ Basketball Court& Dispose of Materials ❖ Demo Asphalt Paving @ Parking Lot#2 & Dispose of Materials ❖ Remove Existing ADA HC Truncated Dome ❖ Remove Basketball Backboards ❖ Remove Three (3) neon light fixtures/piping @ Pavilion ❖ Remove All Salt Blight Trees &Shrubs &Disposal ❖ Remove&Dispose of Fertilizer (haul to approved site) 2.03 FIELD - TURF SYSTEM DEMO: ❖ Erosion Control @ Perimeter ❖ Construct Ramp for Truck access on &off Fields ❖ Fuel Tank and Pump - 500-gallon Capacity •'• Storage Container ❖ Street Sweeper/Watering Truck per Monroe County ❖ Sod Cutters -Walk behind Cutters - Rental ❖ Tracked Skidsteers (2) Rental - Delivery&Pick-Up Key West ❖ Loader- Rental ❖ Paspalum Sod& Dispose of Materials ❖ Root Zone - Hauling Fees & Disposal Fees ❖ Flat Pipe Removal &Disposal ❖ Fuel for Equipment ❖ Ticket Validation @ Site/Scale house ❖ Turf/Sod Crew ❖ Lodging Rental/ Hotel / RV ❖ Reimbursable Expenses for Crew ❖ Testing/ Root Zone Import 2.04 DRAINAGE - EXFILTRATION TRENCHES: ❖ Excavator Trenching (Cap-Rock has already been cut) ❖ Loader ❖ Dumpsters ❖ 18" HDPE ❖ Dispose of 57 stone - Haul to Miami for Disposal ❖ Import S7 Stone - Miami Haul to Key West ❖ Geotextile Fabric •'• Trench Box Rental ❖ Rock Box Rental ❖ Lodging ❖ Drainage Crew October 18, 2017 Page 3 BURKE� apc IM 2.05 SITEWORK: ❖ Asphalt Paving @ Basketball Court ❖ Asphalt Paving @ Parking Lot#2 ❖ Drainage Well recaptured/drill and control structure 2.06 FENCING: ❖ 6 ft. high wood fencing @ trash enclosure ❖ Personnel gate 3-0 x 6-0 ❖ Double gate 10'-0"x 6-0" ❖ Site custom picket fencing 144 panels ❖ Custom picket gate ❖ Vinyl Clad Chain-link fence @ basketball court 2.07 Landscaping: ❖ Replace damaged shrubs, trees, ground cover and mulch 2.08 CONCRETE: ❖ All Auger Cast Piles to be cut off, epoxy dowels where required ❖ Foundations for playground sails ❖ Foundations for basketball court retaining walls ❖ Retaining wall for basketball court (12 ft high chain-link fencing on wall) 2.09 ROOFING: ❖ Repairs to roof soffits and trim ❖ Repairs to ice &water shield membrane ❖ Replace damaged standing seam panel trims 2.010 FRAMES/DOORS/HARDWARE: ❖ Replace three (3) exterior frames, doors and hardware sets 2.011 DRYWALL: ❖ Remove and replace the drywall that is water damaged and molded with new material, finish and paint. Studs to be replaced w/drywall. October 18, 2017 Page 4 1 ,101 BURKE BERNSTEIN PARK— HURRICANE REPAIRS Construction Group Inc. �101' qqj ATITA101.4EAR' METIA 2.012 PAINTING: ❖ Touch-up paint on stucco walls ❖ Paint 3 each HM doors and frames ❖ Drywall replace due to water &mold ❖ Patch and paint scarred wall facing playground equipment 2.013 FIRE EXTINGUISHERS: ❖ Remove&replace fire extinguisher cabinets 2.014 SPECIALITY ITEMS: ❖ Playground plexi-pave surfacing (no sub-base materials only topcoat surface) ❖ Playground shade sails and supports ❖ Replace playground equipment and provide new certifications ❖ Basketball backboard only(post remain) typ of 2 ea. 2.015 PRE-ENGINEERED METAL BLDG.: ❖ Replace damaged metal panels (no damage to steel structure) 2.016 ELEVATORS: ❖ Repair and recertify elevator pit and equipment submersed in salt water 2.017 FIRE SPRINKLER SYSTEM: ❖ Replace exposed sprinkler pipe and heads located on grnd. floor of community building, recharge system, pressure test and re-certify system. 2.018 PLUMBING: ❖ Remove and replace the corroded piping and valves between the reclamation tanks 2.019 ELECTRICAL: ❖ Furnish and install ten (10) new Bollard Light Fixtures at Community Center Walkway ❖ Furnish and install three (3) light fixtures / piping 2 shade pavilion w/switches October 18, 2017 Page 5 PROJECT PLANS OF AFFECTED AREAS NOTE: THE ENCLOSED PLANS DEPICT SOME OF THE AREAS WHERE THE REPAIR WORK IS REQUIRED TO BE PERFORMED 1 ,101 BURKE Construction Group Inc. a - ,.�a� ��• •"��,•- suos'oi ieswawx v': NV1d 311S �ozaun��iw3,oioi 'JN '1N3rVd C`13 A37 9� ggyt,QN 3d�x � S� N `JN12333NI`JN3 12r 3�J '3 na&r7+ID ,MY U ld"QNb'7S1 N001S 060fE 7i 1S3M A3N z 133N1S NOINOWIS Off L ✓wa e,,,.•,t z zz 25 r rnxiaixo �sxoisu,3x NNVd N191SN83G A1NWO 30NNOW 3S IN,mn4-1 I; t N c� 'g�'7 1 H LL � � g m I cm v a : ix y d 9 ■■ i U. 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Photographic • • Photo Represents the field turf installation prior to Hurricane Irma. Taken September 17, 2017 1 Photo Represents the field turf installation prior to Hurricane Irma. 2 Taken September 17, 2017 Photo Represents the field turf installation prior to Hurricane Irma. Taken September 17, 2017 3 1 ,101 BUoRKE OCTOBER 2017 Photographic DocumentationPhoto of field turf after Hurricane Y Irma. Turf is in destress and turf material is very uneven. ADS flat drain piping is compromised and filled with sand material. 4 Photo of field turf after Hurricane Irma. Turf is in destress and turf material is very uneven. Photo of field turf after Hurricane 4 1 Irma. Turf is in destress and turf _ - material is very uneven. I I BURKE FEBRUARY 2016 Construction Group Inc. Photographic • • This photo represents the damage to the Ultra Aluminum Picket Fence. In all there are 144 fence panels that were damaged 7Q i 4§ c , a This photo represents the dama ge to the Ultra Aluminum Picket Fence. In all there are 144 fence panels that a, were damaged r a This photo represents the damage to the Ultra Aluminum Picket Fence. In all there are 144 fence panels that were damaged 9 1 ,191 BURKEConstruction Group Inc. Photographic • • This photo represents the damage to the Ultra Aluminum Picket Fence. In all there are 144 fence panels that were damaged M I 10 This photo represents the damage to the Ultra Aluminum Picket Fence. In all there are 144 fence panels that were damaged 4 rk w 11 This photo represents the damage to the Ultra Aluminum Picket Fence. In � all there are 144 fence panels that 01 4 were damaged 12 ( � BURKE • Construction Group Inc. Photographic • • This photo depicts the damage to the 12 ft high vinyl coated chain link fence surrounding the basketball -a court. Also the damaged sustained r to the retaining walls supporting the fencing. Retaining wall damage 13 x This photo depicts the damage to the 12 ft high vinyl coated chain link fence surrounding the basketball yam court. Also the damaged sustained to the retaining walls supporting the fencing. a . Retaining wall damage W 14 y t This photo depicts the damage to the t 12 ft high vinyl coated chain link fence surrounding the basketball --- � court. Also the damaged sustained to the retaining walls supporting the fencing. Retaining wall damage 15 IB U R K E El OCTOBER • Construcaon Group Inc. Photographic • • This photo depicts the damage to the 12 ft high vinyl coated chain link fence surrounding the basketball court. Also the damaged sustained to the retaining walls supporting the fencing. Retaining wall damage 16 f This photo depicts the damage to the 12 ft high vinyl coated chain link ;- x a= fence surrounding the basketball court. .a - 17 This photo depicts the damage to the 12 ft high vinyl coated chain link fence surrounding the basketball cou rt. Jx �f- 18 ' BURKE • Connruccion Group Inc. Photographic • • Photo depicts typical landscape damaged sustained by the storm. Almost all trees, shrubs and ground t cover were damaged. . y 19 Photo depicts typical landscape damaged sustained by the storm. Almost all trees, shrubs and ground cover were damaged. I a • 'tee t I 20 Photo depicts typical landscape damaged sustained by the storm. F µ N Almost all trees, shrubs and ground cover were damaged. r r 21 '1 ,001BURKE Construction Group 11nc. Photographic • • Photo depicts damage to piping and i valve between reclamation tanks x 22 Photo depicts damage to concrete curbing from tree collapsing on curb. a � s 23 Photo depicts damage to light bol- lards in various locations - 10 bollards in total were damaged. 24 I BURKE • • Construction Group Inc. Photographic • • Photo depicts damage to the ice and water shield roofing membrane 25 Photo depicts damage to roof 26 Floor Drains backing up water from the storm surge. v nv*. . d 27 ' BURKE OCTOBER Photographic • • Water from Roof leak I 28 Water from Roof leak r ra G 29 Water from Roof leak y u£ y 4P w "4 ti �, .. 30 ' BURKE • Construction Group Inc. Photographic • • Photo depicts mold at wall 4 31 Photo depicts mold at wall 32 Photo depicts mold at wall W. t i 33 BURKE - • I� Cons[ruccion Group Inc. Photographic • • / Playground Sail Shape Canopies damaged, canopies were torn from turnbuckles. I Turnbuckles damaged most of the support post, flexi-pave playground surfacing and the playground equipment. 34 Playground Sail Shape Canopies damaged, canopies were torn from turnbuckles. a, �. 35 Playground Sail Shape Canopies damaged, canopies were torn from turnbuckles. bow u. 36 IBURK OCTOBER • Construction Group Inc. Photographic • • Damage from canopy turnbuckles beating the playground equipment blown by the high winds. 37 Damage from canopy turnbuckles -- beating the playground equipment _ blown by the high winds. 38 3 This photo depicts one of the turn- buckles from the playground ., canopies that caused damage to the playground equipment and Ultra Alum fencing from the high-winds twisting the buckles and hitting the + ' various objects. y 39 ( �BURKE • Construction Group Inc. Photographic • • - Damage from canopy turnbuckles beating the playground equipment --- ——` blown by high winds. 40 Most of the playground equipment and chains appear as if they have ` been sand blasted by sand and salt - w � water. 41 Most of the playground equipment and chains appears as if they have been sand blasted by sand and salt - water. 42 ( �BUionRKE • Construtt Group Inc. Photographic • • Both Basketball Backboards appear as if they have been sand blasted, the protective finish on the backboards have been stripped away and the _ boards are pitted and rusting. 43 Both Basketball Backboards appear as if they have been sand blasted, the protective finish on the backboards k have been stripped away and the boards are pitted and rusting. It is not noticeable in the photo. 44 ( �BURKE • Construction Group Inc. PROJECT S U B C O NTRACTO R O RI C31 NAL BID PROPOSALS `I AN UARY 201 6 NOTE: THE ENCLOSED BIDS REPRESENTS THE BID PROPOSALS RECEIVED FROM THE VENDORS UNDER CONTRACT AT THE TIME OF BIDDING, JANUARY 201 6. THESE PROPOSALS ARE 21 MONTHS OLD. ALTHOUGH THE PROPOSALS DO NOT REPRESENT THE COST OF REPLACEMENT, THEY ARE BEING PROVIDED AS A GUIDE. THERE ARE ALSO SEVERAL UPDATED PROPOSALS INCLUDED, OCTOBER, 201 7 POST HURRICANE ENCLOSED. BURKE FLORIDA KEYS LAND SURVEYING 19960 OVERSEAS HIGHWAY, SUGARLOAF KEY, FL 33042 PHONE: (305) 394-3690 Rates at time of bid need to be EMAIL : FKLSenzail(c�gmail.conz updated to 2017 rates www.floridakeyslandsurveying.net - SURVEY SERVICES RATES 201. s- SERVICE HOURILV RATE DAILY RATE 1-3 MAN TOTAL STATION $180.00 $1300.00 CONVENTIONAL FIELD CREW AUTOCAD DRAFTING $100.00 RECORDS RESEARCH $75.00 FLORIDA LICENSED $150.00 PROFESSIONAL SURVEYOR AND MAPPER "ALL HOURLY RATES ARE CHARGED AT A MINIMUM OF 1 HOUR & DAILY RATES SHOWN HEREON ARE FOR A TYPICAL 8 HOUR WORK DAY. WE LOOK FORWARD TO WORKING WITH YOU! LOCATIONS: UNIVERSAL Atlanta • Daytona Beach • Fort Myers ENGINEERING SCIENCES Fort Pierce • Gainesville Consultants In:Geotechnical Engineering•Environmental Sciences Jacksonville Geophysical Services•Construction MaterialsTesting•Threshold Inspectio Miami n Ocala Building Inspection•Plan Review•Building Code Administration Orlando(Headquarters) • Palm Coast Januar 19 2016 Panama City y , Pensacola • Rockledge • Sarasota Mr. Ricky Sandoval St.Petersburg Burke Construction Group, Inc. Tampa • Tifton 10145 NW 19t" Street West Palm Beach Doral, FL 33172 Reference: Proposal for Construction Materials Testing Services Original bid rates for Redevelopment of Bernstein Park testing services 5300 5th Avenue Stock Island, FL UES Opportunity No.: 2110.0116.00020 Dear Mr. Sandoval: Universal Engineering Sciences (UES) is honored to be asked to submit this proposal to provide construction materials testing and inspection services for the building construction on the above-referenced project. This proposal includes our understanding of the requested services, and presents unit rates for each service, along with an estimated total fee based on assumed quantities. SCOPE OF SERVICES Based on our review of plans provided to us, this project consists of a redevelopment of Bernstein Park, the redevelopment consists of a 7,611 SF enclosed park area and 4,580SF of park building. The park building is cast-in-place concrete with masonry infill, flat roof, with finished corridors and restrooms. The site work includes utilities, asphalt paving, concrete paving, brick pavers, bike racks, fountains, landscaping/irrigation. Our services will be provided on a part-time, on-call basis with 24-hour advance notification for testing requests. Please note that UES will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to a failure to schedule our services on the project or any resulting damage. Should additional services be required that are not included in this proposal, please contact us, so that we can discuss your needs in more detail. The scope of services is as follows: Earthwork Testing • Collect representative native and import soil samples and conduct laboratory tests consisting of modified Proctor with percent passing the #200 sieve analyses and Limerock Bearing Ratio with gradation. • Observe site preparation procedures (if necessary) • Conduct in-place density tests on soils used in the construction of the building pads, final grade for slab-on- grade, column pads, wall footings, paved areas, walkways, and for utility trench backfill. Concrete, Grout and Mortar Testing • Conduct slump tests, temperature tests, and cast 4"x8" cylinders for subsequent compression testing. • Compressive strength testing of grout prisms, mortar cubes and CMU units. • Test sets for compressive strength as follows: one at 7 days, two at 28 days, and one held in reserve. 9960 NW 116 Way,Suite 8 • Miami, FL 33178 • (305)249-8434 • Fax: (305)249-8479 • www.UniversalEngineering.com "Committed to Burke Construction Group, Inc. Redevelopment of Bernstein Park - CSD - Burke Construction Group - 1-19-16 UES Opportunity No. 2110.0116.00020 Page 2 of 7 Structural Inspector(If Needed) • Provide structural inspections on an as-needed basis. • Visual evaluation of field welded structural steel connections. • Provide Project Engineer to review all inspection documents. PROPOSAL Billing will be based on the quoted unit rates and the number of tests and hours spent conducting services included in the attached Fee Schedule (Exhibit 1). However, the following assumptions were made regarding quantities and durations to develop an estimated total fee for services: 1. Assume 8 hours for Engineering Technician to observe proof-rolling and compaction efforts. 2. Perform In-Place Density (IPD) testing for structures. The IPD test frequency will be one test per 2,500 square feet of building area, one test per 150 feet wall footing, and one test per column pad. 3. Perform In-Place Density (IPD) testing for pavements and utilities. The IPD test frequency will be one test per 10,000 square feet asphalt pavement and 1 test per 150LF of utility trench. 4. Cast-in-place concrete with a test frequency of one set of 4 cylinders per 50 cubic yards, or fraction thereof, per day. 5. Cast-in-place grout and mortar with a test frequency of one set of 4 prisms/cubes per 5,000 square feet of wall erection. 6. Perform floor flatness and levelness test for the slab-on-grade (if needed). 7. UES will provide a part-time Structural Inspector to conduct professional observation of completed structural elements, if and when requested. 8. Non-destructive testing not included. 9. UES will provide a part-time Project Engineer to review and issue structural inspection reports (if inspection services are requested) and produce any required compliance letters. FEE and TERMS UES will provide the above described services in accordance with the attached UES General Conditions for the unit rates included in the attached Scope of Services and Fee Schedule (Exhibit 1). Billings will be based on the quoted unit rates and the number of tests and hours spent conducting services. Since UES has no control over the construction schedule or methods of construction, quoted fee estimates shall in no way be considered as a guaranteed maximum or lump sum fee. At no time shall UES be obligated to furnish services which fees will exceed the total amount authorized by the Client. Your authorization for us to proceed can be conveyed by returning a completed copy of the attached Work Authorization Form. Please call with questions or requests for more information. Sincerely, Universal Engineering Sciences, Inc. fi6" R, 0*;A*l Jose R. Gonzalez Project Manager Enclosures: Fee Proposal (Exhibit 1) General Contract Conditions Work Authorization/Proposal Acceptance Form EXHIBIT I Scope of Services and Fee Schedule Redevelopment of Bernstein Park - CSD - Burke Construction Group - 1-19-16 Stock Island, FL UES Opportunity No. 2110.0116.00020 TASK QTY UNIT UNIT FEE TOTAL FEE Ea rthwork Engineering Technician (proof-rolling, compaction, visits) 8 hour $38.00 $304.00 In-Place Density Tests (min. 5/trip) 50 each $19.00 $950.00 Laboratory Proctors 2 each $75.00 $150.00 Percent Fines (soil classification) 2 each 1 $20.00 $40.00 Gradation 2 each $35.00 $70.00 Limerock Bearing Ratio 2 each $250.00 $500.00 Concrete Testing Cylinder Compressive Strength with Slump (set of 4) 10 set $72.00 $720.00 Additional Slump open set $12.00 $0.00 Additional Cylinders open each $12.00 $0.00 Air Content Test open each $15.00 $0.00 Grout/ Mortar Testing Grout Prisms (sets of 4) 5 set $72.00 $360.00 Special Inspector (If Needed) Structural Inspector open trip $255.00 $0.00 Project Engineer open hour $115.00 $0.00 Tra ve I Travel Time 15 Trip $225.00 $3,375.00 Subtotal $3,094.00 Administrative and Report Review Fee - 9% $247.52 TOTAL ESTIMATED FEE $67716.52 EXHIBIT NOTES: 1. Unit rates are based on providing services during normal work hours (weekdays, 7:00 a.m. to 4:00 p.m.). For services scheduled beyond normal work hours, on holidays or weekends, the applicable rate will increased by a factor of 1.35. 2. UES does not have control over the contractor's construction practices, schedules, or inclement weather. Therefore, actual quantities may vary from our estimated quantities, but you will only be invoiced for services rendered. 3. Additional services, consultations, or meetings, when requested, will be invoiced at Universal Engineering Sciences' standard rates. 4. This fee estimate includes four copies of the daily and laboratory reports sent out weekly. Additional copies can be provided at a fee of$0.25 per page, plus mailing costs. 5. One hour of technician time is included with the unit rate for concrete cylinders, cubes, prisms and in-place density testing. Any additional time required for testing (i.e. late concrete, slow placement, earthwork operations, rain, etc.) will be charged at a standby rate of$38.00 per hour based on approval of the onsite superintendent. 9960 NW 116 Way,Suite 8 0 Miami, FL 33178 0 (305)249-8434 0 Fax: (305)249-8479 0 www.UniversalEngineering.com UNIVERSAL ENGINEERING SCIENCES, INC. Work Authorization / Proposal Acceptance Form IF PROPOSAL IS ACCEPTED PLEASE SIGN AND A RETURN A COPY OF THIS FORM TO UNIVERSAL Universal Engineering Sciences, Inc. (UES) is pleased to provide the services described below. The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization. PROJECT NAME: Redevelopment of Bernstein Park -CSD -Burke Construction Group-1-19-16 PROJECT LOCATION: 5300 5th Avenue Stock Island, FL CLIENT NAME: Burke Construction Group, Inc. Attn: Ricky Sandoval Phone: 702-367-1040 CLIENT ADDRESS: 10145 NW 19th Street Doral, FL 33172 Email: randoval@bcgconstruction.net I. Scope of Services and Understanding of Project(See attached proposal or as indicated below) UES Opportunity No.: 2110.0116.00020 Construction Materials Testing...................................................................$6,715.52 II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B. UES Proposal Dated: January 19, 2016 B. Plans, reports, specifications and other documents provided by the Client prior to this Agreement date. C. Other exhibits marked and described as follows: Exhibit In the event of any inconsistency or conflict among the Contract Documents, the provision in the Contract Document first listed above shall govern. III. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged, please indicate where, below: Social Security Number or Firm: Federal Identification No.: Address: City: Zip: Attention: Title: IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives CLIENT UNIVERSAL ENGINEERING , SCIENCES, INC. BY (Signature) BY (Signature) k� " "SC , TYPED NAME TYPED NAME Rey Villa, M.S., P.E. TITLE TITLE Branch Manager DATE DATE January 19,2016 Return Executed Copies to: Universal Engineering Sciences, Inc. 451 NE 189th Street • Miami, FL 33179 Tel (305) 249-8434 • Fax (305) 249-8479 Go f,4gronomics Supp(y c�Yfandfing, Inc. 216517th Street Sarasota, Florida 34234 Phone 800-626-1359 Fa.Y,941-955-4690 QUOTATION Root Zone quote at time of original bid submittal. This TO: Burke Construction—Brad Moretti is part of the sports field FROM: Bobby Ellis - Golf Agronomics turf assembly. DATE: January 1, 2016 RE: Material Pricing for Berstein Park Athletic Fields Listed below is pricing for various materials for the proposed Berstein Park sports fields located at 6751 5Tx St. Stock Island, FL. Actual construction is anticipated for late summer 2016. All construction materials are tested to meet USGA standards. A copy of test reports can be provided upon request. 85/15 U8SGA Rootzone Mix: $19.75/ton + tax + freight Est Qty: 3,000 tons Freight-Tractor Trailer: $43.30/ton (tax exempt) Freight—Mini Wheeler: $45.30/ton (tax exempt) USGA#89 Limestone: $24.00/ton + tax Est Qty: TBD Freight-Tractor Trailer: $ /ton (tax exempt) Freight—Mini Wheeler: $ /ton (tax exempt) Infield Ball Clay (80-20): $1,760 per truckload* Est Qty: TBD *(18 yard per load—includes tax and delivery charges) Notes: • Freight rates are based upon current fuel prices as of 1/1/16 and are subject to change per market conditions. • Mini Wheeler (Triaxle) type trucks are based upon availability and large daily quantities may not be guaranteed. • Pricing is based upon material costs effective 1/1/16. Material prices are expected to remain steady during 2016 but could change based upon fluctuations in market demands. • Material prices do not include sales tax. Freight is tax exempt. • Quantities are estimates only. Actual quantities take-offs for the project are the responsibility of the contractor. • Rootzone mix includes fertilizer pre-blended per specs and organic content of 0.75% - 0.90% OM by weight. For additional information please contact: Bobby Ellis Golf Agronomics 407-509-7417 Ets11960@yahoo.com G�,�as/zell L41, �1�� CERTIFIED GRASSES FOR GOLF COURSES &ATHLETIC FIELDS South Florida Grassing, inc. P.O. DRAWER 725 • HOBE SOUND. , FLORIDA 33475 • ALL GRASSING TELEPHONE 772-546-4191 FAX 772.546.3482 SERVICES TOLL FREE 800.483-4279 www.southfloridagrassing.com Email To: Brad Date: October 18, 2017 Burke Construction Group Email: brad@bcgconstruction.net RE: Stock Island Project- ReDo Hi Brad, RE: Certified Sea Isle Supreme Paspalum Turf Re-Do Stock Island Project with Certified Supreme Paspalum Turf, rolled, supplied, delivered and installed @ $0.88 per S.F. Terms: Net 30 days. No retainage. No dirt work,watering, maintenance or traffic control of any kind is included. All materials subject to prior sale. There are no warranties whatsoever, expressed or implied, If you need any further information, please feel free to call. Thank you for the opportunity to quote this work. Very Truly Yours, Homer C. Greene President FENCE MASTERS, INC. 3550 N.W.54Tn STREET MIAMI,FLORIDA 33142 DADE:(305)635-7777*BROWARD(954)463-3172*FAX:(305)635-7887 Date: October 17,2017 -1 Name: Armando Silveira Company: Burke Construction Group Job Name: Bernstien Park Repairs Address: 10145 NW 19th St City: Doral,FL 33172 Job Address: Stock Island Phone: (305)468-6604,Fax: We propose,subject to acceptance by Fence Masters,Inc., (seller)to perform work in accordance with quantities and sizes listed below. Before erection is begun,purchaser is to establish property line stakes and grade stakes and to remove all obstructions that may interfere with erection. Purchaser is responsible for location of any underground lines. Fence Masters,Inc. is not responsible for any damage to unmarked lines. After the contract is executed and received by Fence Masters,Inc.,notice to proceed is to be provided by purchaser at least 14 days prior to date of commencement of the work Basket Ball Courts Replace 321'— 12'High black vinyl coated chain link fence cored into repaired wall o k Price complete$24,133.00 Trash Enclosure missing gates 60'-6'High wood fence ok I from proposal. Price complete$6,150.00 add gates t0 Picket Fence(materials supplied by owner) 12'—7'High alumium picket quote 2—6'x 7'High aluminum double swing gates Labor only$2,900.00 Playground no materials 40—6'x 4'High aluminum picket fence panels 50—3'x 4'High post on plates i n ci d. 1 —3'x 6'High swing gate i n Co rre Ct Labor only$13,400.00 panel quantity Perimeter 25—6'x 4'High aluminum picket fence panels do not u s e 25—3"x 4'High post on plates Labor only$6,670.00 The quanties are an estimate and could be more or less depending what the owner is willing to accept. IMPORTANT PRICING NOTE: Due to recent conditions beyond our control relating to raw steel material availability,this price is subject to change. Actual price will be based on receipt date of executed contract and mill price increases if any. Subject to credit approval by Fence Masters,Inc. Terms are net on billing. Interest of]'12%per month will be charged on accounts past due. Title to the property as addressed by this proposal shall remain in the seller,Fence Masters,Inc.until payment in full is received, pursuant to the terms hereof. This is a retain title contract. In the event the money due hereunder,or any portion thereof,has to be collected on demand of an attorney or by suit,the purchaser agrees to pay all costs of collection including interest at the highest legal rate and reasonable attorney's fees. Approved&Accepted: Fence Masters,Inc. (Seller) Approved&Accepted by Purchaser: Burke Construction Group By4�/ By Signature Signature Robert S.Miller,Project Manager Armando Silveira, Steel&Aluminum Picket Fence**Chain Link**Highway Guardrail **Site Bollards **Access Control Systems Since 1947 CONSTRUCTION CO. 7335 S.W. 104 STREET MIAMI, FLORIDA 33156 • PHONE(305)667-1228 • FAX (305)667-6959 >�, 5 • QUOTATION Date; January 11, 2016 original bid for basketball equipment. Only the two backboards need to be Job: Berstein Park replaced, all other equipment is 5300 5{h Avenue acceptable. Stock Island, Florida 33040 Agile Courts will furnish (materials only) the following basketball equipment as per plans: (2) BISON PR77 systems, including 5 9116" O.D. galvanized gooseneck poles, 60" wide steel backboards, heavy duty double rims (2) BA70OPP pale pads for above goals Price: $5,260.00 (includes freight drop shipped to job site) Installation not included Goal Option: In lieu of specified system, Agile Courts will substitute PR75 system,. including 54" wide fan aluminum backboard (in lieu of steel) for increased corrosion resistance. No change in poles, rims, or pads. Price: $4,980.00 Terms: Prepaid CERTIFIED • • TENNIS CURT BUILD�Pr R • • STAFF • • Refer to bid for retaining wall unit pricing required to be replaced. Bella Construction of Key West, Inc. This was the first scope of work CGC 1518284 performed on the project some 18 35 Diamond p p Key West, FL 33040 months ago. Pricing is for Ofc (305) 292-9888 reference only and needs to be Fax (305) 292-9880 actual bid date updated to 2017 costs. nielsCcDconcretebella.com was 2016 typo Date: January 18, 2015 Proposal # 16-008 To: BURKE Construction Group From: Niels Hubbell Attn: John Perez Re: Bernstein Park Redevelopment Email: net COVER SHEET John and Ricky Attached find our quote for this project. We were able to quote the main building but because of the nature of the documents could not develop a firm quote on the sitework items. We have provided our unit prices for those items and potential quantities where we could determine them. Thanks Niels Bella Construction of Key West, Inc. CGC 1518284 35 Diamond Dr Key West, FL 33040 Ofc (305) 292-9888 Fax (305) 292-9880 niels(@concretebella.com PROPOSAL Date: January 18, 2015 Proposal# 16-008 To: BURKE Construction Group From: Niels Hubbell Attn: John Perez Re: Bernstein Park Redevelopment Email: lohn(cr�bcgconstruction.net Bella has reviewed the information provided to us on this project to date and prepared the following quote: Bella will provide all supervision, labor, materials, tools, equipment, and cleanup to complete the concrete work and masonry work shown on the documents by William P Horn Architects Bernstein Park Stock Island dated 10-05-15 thru Addenda#3. Included in this price are the following items: BASE BUILDING AND ANCILLARY STRUCTURES SHOWN ON STRUCTURAL $ 657,000 Scope includes concrete foundations slab, columns, elevated beams and slabs,(Precast joist system and associated decking by others) ,columns and masonry walls. Note this quote includes no auger piers on main building but does include 6 v.f drilled piers at dugouts, bleacher slab, maintenance building and cistern slab. Quote includes water stop and caulk but no other waterproofing or Sika sealers. All auger piers are assumed to be chipped to bottom of slab elevation, Bella will bend bars into slabs. SITEWORK UNIT PRICES Walls 2,505 LF = $433,365.00 Retaining wall w/o piers $ 173 If Incld. in Base Bid 6 foot 16" drilled piers $ 350 each "Post footing" 18" x 40" $ 390 each "Pole footing" 24" x 48" $ 690 each Site sidewalk 4" paving approximately 20,000 sf $ 10 sf Ramp and Stairs at entrances three each locations 520 sf $ 45 sf Ramp at Shrimp Road 6" concrete approximately 700 sf $ 14 sf Sidewalk at Shrimp road 540 If x 5 ft. $ 10 sf D curb approximately 700 If $ 28 If Main Entrance with columns and wall $ 11,000 Is Bella includes no pile testing, backfill of retaining wall, building pads to grade or stucco work. Excludes: Payment and Performance Bond, Permits, Permit Fees, Engineering Fees, Survey Corner Pins, Engineered Drawings, Elevation Benchmark, Soil Testing, Concrete Testing, Fine grading more than .1 ft. backfill fill material, and embedded items. Accepted by: Bella Construction of Key West, Inc. Date: Date: AquatLandsca in Inc. ic LandscapingDesign, 25405 SW 107th Avenue Bernstein Park — Post Hurricane Replanting Princeton, FL 33032 P: 305.257.2220 Date Bid Number F: 305.258.1584 09/25/2017 1702141 C: 305.495.7777 Contact Project Number estimating@aquaticlandscape.com Jimmy Grisales 13-BH-003 PROPOSAL Customer: Notes Armando Silveira Burke Construction Group Inc. 10145 NW 19th Street Doral, FL 33172 P: 305.468.6604 F: 305.468.6654 asilveira@bcgconstruction.net Page: 1 of 2 # Description Qty. Amount 1 Landscaping Replanting. 1 LS $56,057.00 2 Remove & Dispose damaged material. 1 LS $5,200.00 Total: $61,257.00 Qualifications; Total price includes tax, labor, and materials. See page 2 for details. All material shall be subject to availability at time of installation. Exclusions: Permits, bonds, irrigation repairs, manual continued watering, maintenance after 90-day initial period, removals, relocates, tree protection, pavers, aggregates, weed fabrics, MOT, berms, swales, excavation, backfilling, hardscapes, tree grates, trellis systems, lighting, cutting or patching of asphalt or concrete, boring, coring, compacting, wall penetrations, high voltage electrical connections, water meter, backflow and certification, booster pump and Rainbird controller, singed & sealed plans, Prevailing Wages. The prices on this proposal are good for 30 days. By signing this proposal, you accept the prices and specifications as set forth herein, and you are authorizing Aquatic Landscaping Design, Inc. to do the work. Name Title Signature Date Page: 2 of 2 # Qty. Description 1 3 Acacia choriophylia - Cinnecord Acacia 2"cal. min 2 1 Bismarckia nobilis 'Silver' 12-14' oa. 3 4 Bursera simaruba - Gumbo Limbo 14' ht. 4 11 Coccoloba diversifolia - Pigeon Plum 16' ht, 5" cal 5 2 Conocarpus erectus - Green Buttonwood 14-16' ht, 5" cal 6 4 Conocarpus erectus sericeus - Silver Buttonwood 14-16'ht, 5"cal 7 2 Clusia guttifera -Small Leaf Clusia 25g., 7' ht, 2" cal. 8 4 Chrysophyllum oliviforme - Satin Leaf 14' ht, 2" cal 9 1 Delonix regia - Royal Poinciana 14-16' ht., 5" cal. 10 4 Guaiacum sanctum - Native Lignum Vitae 8-10' ht. 11 5 Krugiodendron ferreum - Black Ironwood 14-16' ht, 5" cal 12 4 Ptychosperma elegans - Solitaire/Alexander 18-20' oa., Dbl 13 3 Roystonea elata - Florida Royal Palm 14' ct., 24' oa 14 2 Hyophorbe vershaffeltii - Spindle Palm 6-8' ht 15 6 Myrcianthes fragrans -Simpson's Stopper 25g., 6-8' ht., Standard 16 3 Pseudophoenix sargentii - Buccaneer Palm 25g., 6-8' ht 17 11 Sabal palmetto -Cabbage Palmetto 14-20' oa 18 3 Swietenia mahagoni - Mahogany 14-16' ht., 5 19 11 Thrinax radiata - Florida Thatch Palm 8-14' ht, FG 20 2 Thrinax radiata - Florida Thatch Palm 10-12' ht 21 30 Argusia gnaphalodes - Sea Lavender 3g 22 25 Asciepias perennis -White Swamp Milkweed 1 g 23 22 Schefflera arboricola 'Trinette' 3g 24 7 Borrichia arborescens - Sea Oxeye Daisy 3g 25 9 Bouganvillea "Sundown Orange" 15g, Trellis 26 16 Carissa macrocarpa - Natal Plum 3g 27 2 Crinum augustum 'Queen Emma' 15g 28 2 Citharexylum fruticosum - Fiddlewood 15g 29 71 Chrysobalanus icaco 'Horzontalis' 3g 30 55 Chrysobalanus icaco - Green Cocoplum 3g 31 88 Carrissa macrocarpa " Emerald Blanket" 3g 32 4 Duranta erecta 'Gold Mound' 7g., Standard 33 80 Ernodea littoralis - Beach Creeper 1 g 34 11 Guapira discolor- Blolly 40-48" ht. 35 19 Gaillardia pulchella - Blanket Flower 1g 36 21 Hymenocallis latifolia -Spider Lily 1 g 37 8 Hamelia patens - Firebush 7g., 30" Spr. 38 75 Hamelia patens 'Compacta' - Dwarf Firebush 3g., 12" Spr. 39 55 Muhlenbergia capillaris - Hair/Muhly Grass 3g 40 5 Psychotria nervosa -Wild Coffee 3g 41 26 Suriana maritima - Bay Cedar 3g 42 16 Serenoa repens 'Cinerea' Silver Saw Palmetto 36-40" spr., Cnt. 43 29 Sophora tomentosa - Necklace Pod 3g 44 187 Stachytarpheta jamaicensis - Native Porter 1 g.. 45 3 Zamia furfuracea -Cardboard Palm 7g., 36-40" Spr. 46 19 Zamia pumila -Coontie 3g., 18-24" Spr. 47 18 FloriMulch, cu. yd. 48 8 Hauling 49 10 Special Conditions. original bid for the maintenance pre-fab metal bldg. Only the exterior skin of bldg sustained To: Ricky Sandoval From: LeslieJanoval Lindsey some damaged and needs to be Cc: John Perez;Armando Gomez repaired / replaced. Subject: RE: Bernstein Park I Maintenance Bldg Date: Tuesday,January 19,2016 1:31:07 PM Attachments: imaae004.ona Ricky I can provide you a complete proposal later but for now for you bid please use these numbers: Please let me know the outcome of your bid opening. - i I Building: $42,332.00 All building materials, all framed openings, R-19 for roof, R-13 for all walls Sales Tax and Freight No doors, EF, Windows or Flood Wall To Erect: 35,880.00 Equipment and equipment transport, insurance, labor and supervision. Estimated 2.5 weeks from building delivery to substantial completion. Roof slope is driving both material and to erect it cost up. Leslie Jane Lindsey, President Allegiance Contracting, Inc. 700 N. Wickham Road Suite 203 Melbourne , Fl. 32935 (321)751-2120 ofc. (321)751-2121 fax (321)288-2951 cell www.alleaiancecontractina.com _ Setvx�c-f :s 1�d 1,eC rare inm CCi'Cl&nion --moLSTAR n . - BUILDING SYSTF"-,a STAR Building Systems - 88 years in Business with over 300,000 Completed Projects Allegiance Contracting, Inc. is a NCI Certified Installer for all MBCI Standing Seam Roof Panel Systems and all Weathertightness Warranties From: Ricky Sandoval [mailto:randoval@bcgconstruction.net] Sent: Tuesday, January 19, 2016 10:54 AM To: Leslie Jane Lindsey Cc: John Perez; Armando Gomez Subject: Bernstein Park I Maintenance Bldg Leslie, Here are drawings that we spoke about. I'll send you the structural pad/slab etc. Kind Regards, Ricky Sandoval B/� U R E 4..4,+11:�, ill Dup FAK 10145 N.W. 19th Street Doral, FLorida 33172 OFF: 305-468-6604 FAX: 305-468-6654 CELL: 561-255-9995 Email: rsandoval(@bcgconstruction.net This is the specified supptier No Fault Sport Group,LLC 0/1 3112 Valley Creek Drive,Ste.C ♦ Baton Rouge, LA 70808 cpLAYSUgRi n� Toll Free: (866)637-7678 ♦ Fax: (225)291-3821 ¢IPEMAc 1 t www.nofault.com CERTIFIED Proiect Quote for No Fault Safety Surface ASTM F7292 Project Name: Redevelopment of Bernstein Park Quote Date: 1/18/16 To verity product certification, visit--ipe.—rg City: Stock Island State: FL Expiration Date: 2/17/16 Customer: Burke Construction Phone/Fax : 305-468-6654 Attention: Ricky Sandoval Email: rsandoval@bcgconstruction.net Quantity SF Description $Per SF Bid Total Base Bid No Fault Safety Surface over Unknown sub-base 1,865 2.25" depth (includes 3/8" Color Cap) meets up to a 5'CFH 2,783 3.5"depth (includes 3/8" Color Cap) meets up to a 8'CFH Total: 4,648 SUBTOTAL $10.72 $49,842 COLORS: 100%Color Freight $3,158 Standard Colors are: Terra Cotta Red/Blue/Green/Tan TOTAL $53,000 Payment Terms (with approved credit): This is the original bid quote I Unknown (WITH APPROVED CREDIT) and the flexi-pave mat'I will 2 This quotation does not allow for a retainage and payment terms are as stated. need to be remove and 3 A new quotation will be necessary if retainage is required or payment terms are altered. replaced. 4 This quotation does include sales/use tax on materials. 5 This quotation does not include Payment or Performance Bonds. 6 This quotation includes NFSG standard insurance coverage(sample available upon request). If customer requires additional insurance coverages,either by type and/or amount,a new quotation will be necessary. 7 Customer shall be responsible for obtaining all necessary construction and/or governmental permits and licenses that may be required for the installation of the No Fault Surface,along with any applicable state or local taxes.If for any reason NFSG is required to obtain these permits and licenses,they shall be for the account and expense of the Customer,and Customer shall reimburse NFSG for any related registration or tax cost. 8 This quotation does not include Prevailing/Union Wage Rates. The customer is responsible for providing wage rates to No Fault at the time of quotation if applicable. Qualifications&Notes: 1 This quotation is for material,freight,and installation,in accordance with the NFSG Installation Agreement. 2 Customer is responsible for arranging and paying for the Field Test Requirements of ASTM F 1292-09(if necessary). 3 Customer is responsible for all site work,site preparation and base work,in accordance with NFSS Base Requirements. 4 Customer is responsible for accuracy of project dimensions and product quantities prior to ordering. 5 Customer is responsible for security of the site during cure time(typically 48 hours). 6 Customer is responsible for providing dumpster at the site for No Fault trash and waste material. 7 This quotation is based solely on the information as provided to No Fault. It is the Customer's responsibility to provide accurate measurements,depth,and colors so that No Fault can submit the most accurate and best possible price. 8 Prior to installation of this product,the Customer must provide the applicable project specifications and plans/drawings, which clearly identify the areas to be surfaced,as well as the depth,color,and graphics of each. ACCEPTANCE:The undersigned,stated as"customer"(above),agrees and accepts the terms and conditions in the No Fault Installation Agreement. Upon acceptance of this agreement please fax to(225)291-3821. No Fault will then contact you to coordinate shipment of materials and payment terms. Burke Construction Date Submitted by No Fault Sport Group,LLC: Catherine Thomas Page 1 of 1 _C3:: Advanced Recreational Concepts, LLC hasno�un�rit�s • - Melbourne, FL 32934 �reCp wn Toll Free-1-866-957-2355/Toll Free Fax-1-866-957-2356 Proposal original bid to supply Prepared For Contractors Date 1/14/2016 and install the Organization Contractors Quotation# 17698 playground Prepared By Allen Cooke-ZK equipment. Some if Payment Terms Per Contract not all equipment will Customer Phone Prices Valid U... 1/14/2016 need to be replaced Customer Fax Project Name PLAYGROUND due to the strict Fla. County Monroe Ship To Bernstein Park Statues / Regulations 6751 5th St. for playgrounds Stock Island, FL 33040 a ul t. Product ID Description Qty Price Total PROPOSAL IS FOR SUPPLY AND DELIVERY ONLY WITH INSTALLATION TO BE PROPOSED SEPARATELY REV76D58A Playcraft Systems Custom Revolution Play System-5-12 1 20,299.00 20,299.00T REVD7429A Playcraft Systems Custom Revolution Play System-2-5 1 15,307.00 15,307.00T PC-2181 Playcraft Systems Single Post Swing-8' Height-Two Positions/One 1 1,065.00 1,065.00T Bay with (2) Belt Seats 31101 Playcraft Systems Full Bucket Seat 1 142.00 142.00T PC-1341 Playcrat Systems Toddler Toad Spring Rider-HDPE 1 765.00 765.00T PC-2454 Playcraft Systems Spinner Seat 1 435.00 435.00T PC-1395 Playcraft Systems Dual Airplane Spring Rider-HDPE 1 1,379.00 1,379.00T Freight Freight Charges 1 3,750.00 3,750.00 THIS IS AN ESTIMATE ONLY. Due to the volatile nature of the 0.00 transportation industry,freight charges may be re-quoted at the time of order. Plans Florida Signed and Sealed Playground Drawings(8 Copies) 1 1,500.00 1,500.00 EPDM EPDM Poured In Place Rubber Surfacing Covering 4675 sq.ft. 4,675 7.15 33,426.25T -3750 sq.ft. at 50%Color/50% Black for Inside Area AL -925 sq.ft. at a 50%Color/50% Black for Outside Area Freight Freight Charges 1 2,805.00 2,805.00 THIS IS AN ESTIMATE ONLY. Due to the volatile nature of the 0.00 transportation industry,freight charges may be re-quoted at the time of order. DISCOUNI DISCOUNT ON PROPOSAL 1 -4,123.25 -4,123.25T Not the specified flexi-pave supplier Subtotal $76,750.00 do not use. Playgrnd Equip is okay Sales Tax (7.5%) $5,152.13 Total $81,902.13 Signature Print Name/Title Date P.O.# Upon acceptance of this proposal please sign above and initial the 'ARC Site Preparation Check List' and the 'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. 3125 Skyway Circle P Space � $� Inc. Phone 1-321-775-0600 Fax 1-3 1-242-2216 Iiarrol�cr�rr�e Salzrtrons Toll Free-888-653-7529 Date: 1/14/2016 PROPOSAL Proposal# 13369 Prepared for: Contractors Payment Terms: Due Upon Completion Customer Phone: Customer Fax: Due Date 2/13/2016 Organization: Contractors Ship To Bernstein Park 6751 5th St. Stock Island,FL 33040 Proposal Valid for 30 days from date on proposal Scope of Services: Sales Rep AC DESCRIPTION CITY U/M COST TOTAL INSTALLATION IS BASED ON ARC PROPOSAL#17698 TO BE DONE OR PROVIDED BY OTHERS: All Site Preparation to Include Excavation of Site to Benchmark Necessary Concrete Curbing Around Site Crushed Stone Sub Base after Completion of Playground Installation Dumpsters for Disposal of Spoils and Packaging Materials Permitting PROJECT NOTES: Area Must have Access for Small Machinery Staging Area is to be Next to Installation Area Installation of Playcraft Systems Play Structures to Include In Ground Concrete 1 25,000.00 25,000.00T Footers Installation of EPDM Poured In Place Rubber Surfacing Covering 4675 sq.ft.at a 4,675 4.00 18,700.00T Depth of 3.5" 3750 sq.ft.at 50%Color/50%Black for Inside Area 925 sq.ft.at a 50%Color/50%Black for Outside Area Not specified flexi-pave supplier do not use quote for install of mat'I Subtotal $43,700.00 In the unlikely event that Play/Space is required to file civil action or institute any collection efforts against customer,customer agrees to pay any and all costs,fees, expenses and attorney fees incurred by PlaySpace,regardless of whether suit is actually Sales Tax (0.0%) $0.00 filed,and including but not limited to any and all costs,fees,expenses and attorney fees incurred on appeal or in any post judgement collection efforts or proceedings. TOTAL $43,700.00 Signature: ...Print Name/Title: Date P.O.# The above quotation is based upon site access for heavy equipment and soil conditions of 2000 PSI. If during excavation of foundations, necessary per manufactureres specifications,conditions exceed normal,our contractor shall notify the owner immediately. This shall include all types of rock,vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abuttment hole so that installation can be completed over and above the charge for the original footer work. Every effort is made to supply our customers the materials,equipment and structures as specified within this proposal. In the event of unforeseen circumstances,we reserve the right to substitute materials,equipment or structures which we deem equivalent. In these instances.the customer will be notified of the substitution. Shade T Ocala, FL 34474 Street SALES 1-mail:j remy • FAX: yst m sinc.c 6 ORDER E-mail:Jeremy@shadesystemsinc.com S5Nq(! WWW.shadesystemsinc.com TO: All Bidders FROM: Jeremy Purkis 1-800-609-6066 ext. 119 Project: Redevelopment of Bernstein Park DATE: January 18, 2016 Key West,Florida PAGE: 1 of 3 Thank you for your interest in Shade Systems. We are happy to quote the following product(s): QTY DESCRIPTION EACH TOTAL 1 Custom Sail Shade System including (7)columns and(4)canopies per $22 440.19 $ 22 440.19 attached drawingdated 1/8/16—PIER MOUNTED (16' Max height) ' Florida Professional engineer sealed drawings 600.00 Florida Professional engineer sealed calculations 300.00 7.5%Monroe County Sales Tax 1,750.51 Shipping/handling cost to Key West,FL 33040 excluding 2,100.00 C.O.D. fees Optional Professional installation, including truck unloading, and 30,400.00 materials COLORS: Fabrics: Metals: IMPORTANT TERMS & CONDITIONS: TOTAL $579590.70 ■ All products quoted are per standard Shade Systems specifications per our catalog with pier mount columns. ■ Above includes the cost of powder-coating metal parts with standard Shade Systems colors as shown in our catalog. Special optional colors are available at$300.00 additional cost per optional color selected. ■ No site work,concrete cutting, or landscaping, is included. We are not responsible for any damages to underground utilities or irrigation lines,nor for replenishment of any damaged sod or landscaping/trees. Customer is responsible for identifying any underground utilities, and capping or re-routing same. Customer to provide clear access to site for heavy machinery, including removal of any fence sections as required. ■ While we always take care to protect property,because we must access the installation site with heavy equipment,we cannot be responsible for any damages to existing sidewalks,pavers, asphalt or other hardscapes or sod as we pass over them. ■ Customer to provide a current survey of the site for permitting purposes. Permitting submittals to include our standard professional engineer-sealed drawings and calculations only. Any additional building department requests such as "community appearance board" meeting(s), soil borings,testing, spot survey, etc.,which require the services of a professional engineer are not included in this quotation. This quote assumes normal ground conditions;unusual underground conditions such as high water table, loose/unstable soil conditions,underground boulders, or other unexpected underground obstacles which necessitate extraction or soil testing, concrete cutting and/or re-design of footings are not included and will be quoted as an additional cost if encountered. Continued on Page 2: Page 2 Redevelopment of Bernstein Park: ■ The sizes and heights proposed are pursuant to information you have provided, and must be verified by you on site. We are not responsible for any conflicts with existing conditions, being too close to landscaping, sidewalks, curbs, seating areas,buildings, etc. ■ This quote is subject to site inspection at which time obstacles or other adverse site conditions may require a change in quotation. ■ Above price includes sales tax, if you are tax exempt,please return a copy of your tax exempt certificate. ■ Prices quoted are valid until March 31, 2016. Current shipping schedule is estimated at 6 to 8 weeks after receipt of order with deposit. ■ To place this order,please indicate desired colors in the space above and return signed copy of this Sales Order with your deposit check in the amount of$ 28,795.35. You may fax this sheet to schedule your order while check is in the mail. Balance will be due C.O.D. prior to attachment of canopies ABOVE APPROVED AND ACCEPTED: By signing below, Buyer accepts the terms and conditions of this Sales Order and directs Shade Systems to provide the products listed for the amounts shown. Buyer agrees to pay to the seller interest on accounts past due at a rate of 1.50% per month or the maximum allowed interest rate by applicable law, whichever is lower, all collection costs including attorney's fees,and other costs involved in the collection of any accounts past due. Buyer agrees this order is not cancelable. BY: TITLE: DATE: LO _ 1 Nt T N L 80 o N �- oo � a� o M L OL ' O O •: L O O O In � Z O N o ° � � L CL.S O N c � 1 C� 1 1 LO m N c� C� L 00 � W r LO 1 N 0 581 Technology Park,Suite 1009 INC. Lake Mary, FL 32746 i ® REP SERVICES IN PH:407.831.9658 IN FX:866.232.8532 info@repservices.com 7� Experts at Play & Outdoor Spaces `� www.repservices.com For reference only this bid was not used. Not the low bidder. Scope of Work for Bernstein Park Our Bid is based upon the Plans and Specifications Dated: January 18, 2016 Provided by Rep Services, Inc. Specified Landscape Structures Play Equipment delivered and engineered.............................................$98,609.00 Spec Section, Sheet A— 1.2 Note—Play Ground Equipment, Harsh Environment requiring salt tolerant finishes. Rep Services will be providing stainless steel and zinc plated footings. Shade Structures delivered and engineered. ........................................................................................$49,672.00 Surfacing delivered and installed.........................................................................................................$72,367.00 Installation:....................................................................................................................................$50,000.00 a) Play Equipment permitted and installed b)Shade Structure installed, permits and foundations by others TotalProject:.................................................................................................................................$270.648.00 Please see the attached Bid documents Questions please contact Debbie Levine at debbieCcDrepservices.com or Debbie's assistant Jacqui Rohrborn at 0acquiCcDrepservices.com and phone 407.831.9658 !A REP SERVICES, INC. Pagelof3 �� Please make POs and contracts out to: Please mail checks to: �' Experts at Play & Outdoor Spaces Rep Services, Inc. Rep Services, Inc. 581 Technology Park, STE 1009 581 Technology Park, STE 1009 Lake Mary, FL 32746--7127 Lake Mary, FL 32746--7127 Proposed All Bidders Ship All Bidders Bill All Bidders To: To: 6751 5TH ST To: , FL Key West, FL 33040-5840 , FL Attn: Estimator Attn: Estimator Attn: Estimator Project No: 11694 Project Name: RFP/GC: Bernstein Park Stock Isla Project Contact: Estimator Proposal No: 11694.01 Proposal Name: Bernstein Park Stock Island Project Location: 6751 5TH ST Proposal Date: 1/15/2016 Proposal Expires: 2/14/2016 Key West, FL 33040-5840 For Questions Contact: Jacqui Rohrborn Ph# 407-831-9658 x223 E-Mail: jacqui@repservices.com Sales Consultant: Debbie Levine Ph# 561-353-0980 E-Mail: dlevine@repservices.com Option A Rev: 0 Input By: JR- 1/15/2016 Vendor: Landscape Structures Proj Drawings: 90705-1-1 549808 Freight: Prepaid Ship Method: Best Way FOB: Destination Class Part No Qty Description Unit Wt Unit Price Net Price Ext Price Evos Climbers EV156448A-001 1 O-Zone Climber 186 7,805.00 7,805.00 7,805.00 EV156449A-001 1 Helix Net DB OnlylBetween Two Arches 165 5,330.00 5,330.00 5,330.00 Evos Clamps EV156439A-001 4 Clamp No Faces(O-O) 0 0.00 0.00 0.00 EV156440A-001 2 Clamp One Face(A-A) 0 0.00 0.00 0.00 EV1 56441 A-001 1 Clamp Two Faces 90'(A-B) 0 0.00 0.00 0.00 EV157585A-001 1 Clamp One Face(O-E) 0 0.00 0.00 0.00 Evos Structure EV179185A-001 1 Evos 4 Arch DB Only 1,318 18,955.00 18,955.00 18,955.00 More Fun EV156452A-001 4 Wobble Pod DB Only 122 1,240.00 1,240.00 4,960.00 EV156454A-001 6 E-Pod 11 255.00 255.00 1,530.00 EV160208A-001 1 Power Lifter DB Only 97 1,180.00 1,180.00 1,180.00 EV1 6021 OA-001 1 TwirlWind Turning Bar DB Only 109 1,520.00 1,520.00 1,520.00 EV202822A-001 1 Blender Spinnerlw/Steel Posts and DB Only 252 2,520.00 2,520.00 2,520.00 NoodlePod EV16415613-001 1 Noodle Pod DB Onlyl16&24 Pod Heights 47 1,165.00 1,165.00 1,165.00 Signage IP182503C-001 1 Welcome Sign(LSI Provided)JAges 5-12 24 0.00 0.00 0.00 years Direct Bury Slides&Gliders EV182865A-001 1 Rush Slide DB Only 264 3,730.00 3,730.00 3,730.00 Swings IP174018A-001 1 Belt SeatlProGuard Chains for 8'Beam Height 8 105.00 105.00 105.00 IP176038A-001 1 Full Bucket SeatlProGuard Chains for 8' 14 255.00 255.00 255.00 Beam Height IP177332A-001 1 Single Post Swing FrameJ8'Beam Height 213 1,085.00 1,085.00 1,085.00 Subtotal for Evos 3,251 $50,140.00 Weevos and Swings Custom CL206628 10 Upcharge to zinc plate springs 0 35.00 35.00 350.00 CL206753 1 Upcharge to zinc plate footers and ladder on 0 550.00 550.00 550.00 Rush Slide CL206754 1 Upcharge to zinc plate Blender top weldment 0 550.00 550.00 550.00 and spinner CL206755 1 Upcharge for stainless steel footers for Cozy 0 410.00 410.00 410.00 Coaster slide CL206757 1 Upcharge to zinc plate top beam on Single 0 140.00 140.00 140.00 Post Swing CL206765 1 Complete Saddle Spinner with zinc plated 40 1,230.00 1,230.00 1,230.00 shaft assembly Bridges/Ramps WV164178A-001 1 Boppity Bridge DB 249 5,070.00 5,070.00 5,070.00 WV173575A-001 1 Swiggly Stix Bridge DB 126 3,860.00 3,860.00 3,860.00 Climbers WV164171A-001 1 Giggle Jiggler DB 140 3,020.00 3,020.00 3,020.00 WV173573A-001 1 Wee Planet Climber DB 130 2,205.00 2,205.00 2,205.00 Kids In Motion IP100014D-001 1 Turtle(Rec Permalene) DB 92 1,015.00 1,015.00 1,015.00 IP120871 D-001 1 Airplane 2-Seat(Rec Permalene) DB 144 1,670.00 1,670.00 1,670.00 Proposal No: 11694.01 Project Name: RFP/GC: Bernstein Park Stock Island Rede Proposal Date: 1/15/2016 Page 2 of 3 Vendor: Landscape Structures Proj Drawings: 90705-1-1 549808 Freight: Prepaid Ship Method: Best Way FOB: Destination Class Part No Qty Description Unit Wt Unit Price Net Price Ext Price IP152179A-002 1 Saddle Spinner DB 12Height 40 950.00 950.00 950.00 More Fun WV173577A-001 1 Fun Mirror Panel DB 92 2,705.00 2,705.00 2,705.00 Signage IP182503A-001 1 Welcome Sign(LSI Provided)JAges 2-5 years 24 0.00 0.00 0.00 Direct Bury Slides&Gliders WV164174A-003 1 Cozy Coaster Slidelw/ASTM Handrail 373 5,385.00 5,385.00 5,385.00 DBJw/Stairs Under Large Arch Tunnels WV173574A-002 1 Wee Crawl Tunnel DB 134 2,705.00 2,705.00 2,705.00 Weevos WV16417OA-001 1 Weevos 3 Arch Mainstructure DB Only 448 2,690.00 2,690.00 2,690.00 Subtotal for Weevos and Swings 2,032 $34,505.00 Total Product: 5,283 $84,645.00 Other Charges: Sealed Eng Dwgs: $3,100.00: $3,100.00 Freight Charge: $5,520.00 Landscape Structures Total: $93,265.00 Vendor: Landscape Structures Proj Drawings: 549809 Freight: Prepaid Ship Method: Best Way FOB: Destination Class Part No Qty Description Unit Wt Unit Price Net Price Ext Price Custom CL206579 1 Custom tension sail unit with 9 posts 12'to 14' 0 43,531.00 43,531.00 43,531.00 entry 5 tri-angular sails with galvanized columns, includes sealed engineered drawings and calculations. Total Product: 0 $43,531.00 Freight Charge: $3,450.00 Landscape Structures Total: $46,981.00 Vendor: Hanover Specialties, Inc. Proj Drawings: 90705-1-1 549810 Freight: Prepaid Ship Method: Best Way FOB: Destination Class Part No Qty Description Unit Wt Unit Price Net Price Ext Price Surfacing BERNSTEIN 4630 Poured in Place Safety Surfacing. 0 15.63 15.63 72,366.90 PARK-PIP 100% Color with aliphatic binder at 3.5"thickness. Total Product: 0 $72,366.90 Freight Charge: Included Hanover Specialties, Inc. Total: $72,366.90 Vendor: RSI Certified Installer 549820 Part No Qty UOM Description Unit Price Ext Price INS-LSI 1 LT Equipment Installation-Landscape Structures Play and Shade Equipment 50,000.00 50,000.00 RSI Certified Installer Total: $50,000.00 General Terms of Sale and Proposal Summary Gov't: Net 30; Resellers: Check w/Order; Others:50%down, Balance prior to ship Product: $203,642.90 Note: Orders less than$5,000 require payment with order Installation: $50,000.00 County Sales Tax: 1.50% $75.00 State Sales Tax: 6.00% $7,876.56 Freight: $8,970.00 Proposal Total: $270,564.46 Notes Proposal No: 11694.01 Project Name: RFP/GC: Bernstein Park Stock Island Rede Proposal Date: 1/15/2016 Page 3 of 3 Basis of Bid for Bernstein Park Our proposal is based upon the Plans and Specifications Provided by Rep Services: • Installation of Play Equipment and Shade Structures • Foundations and Permits for Playground Equipment only • Providing stainless steel and zinc plated footings to meet the Spec Section, Sheet A—1.2 Note—Play Ground Equipment, Harsh Environment requiring salt tolerant finishes To be provided by others: •Foundations and Permits for Shade Structures over play equipment area •Concrete Slabs and Curbs •Site Plan or Survey •Soils testing •Tree Survey The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due,all outstanding balances, regardless of prior terms,will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 Y2%per month or the maximum interest rate permitted by applicable law,whichever is less. Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract,the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney's fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Seminole County, FL. Accepted By: All Bidders Company Name Authorized By Printed Name Date As Its: (Title) 1477 Rosedale Drive 1? A b Hiram, Georgia 141 W� KI' Phone: (770) 439-2-2120 Li A Fax: (770) 439-2122 PROTECTIVE COVERS www.peachtreecovers.com BERNSTEIN PARK STOCK ISLAND, FL Proposal: 35810 Bid Date: January 19, 2016 We propose to furnish and install extruded aluminum walkway covers in accordance with the plans and Peachtree's specification 10 73 00, except as noted. Our proposed designs are per our standard details using the components and finishes listed below. Approximately 800 s.f. of Pavilion Cover using 3" corrugated deck, 8"X4" and 8"x6" beams, 10"x6" columns and 6" fascia and approximately 270 s.f. of dugout covers consisting of two (2) 15-0"x9'-0" covered areas using 3" corrugated deck, 6"x4" beams, 4"x4" columns and 6" fascia. Finish is to be as indicated below. FINISH PRICE Baked Enamel paint selected from Peachtree's FOR THE SUM OF . . . $62,272.00 standard white or dark brown colors Clear Anodize FOR THE SUM OF . . . $64,235.00 A 2-coat Kynar paint in a single color selected FOR THE SUM OF . . . $77 092.00 from Peachtree's standard colors ' Note — For structural purposes the columns at the Pavilion will be embedded into the concrete footings and not base-plated as shown on sheet S14. This price INCLUDES field dimensions, installation by Peachtree Protective Covers (FL G.C. # CG- 0055152) in a single mobilization of our crew, surface mounted flashing, freight, engineered shop drawings (signed and sealed by a registered Florida Professional Engineer) and all applicable taxes. This price EXCLUDES mock-ups of any sort, payment and performance bonds, exotic, metallic, XL and custom paint colors, reglet and thru-wall flashing, structural framing, blocking, backing or support of any sort within the envelope of the building, lighting and electrical, and concrete footings/footing design. Terms and conditions of AIA Document A401, 1978 Editions shall apply to this proposal. Addenda acknowledged: 1,2,3 Price Escalation Date: March 4, 2016 Proposed by: Accepted by: PEACHTREE PROTECTIVE COVERS Signature: Company: Name: Clyde Miller Title: Vice President & GM Date Accepted: ThyssenKrupp Elevator Americas �. ThyssenKrupp New Installation Proposal January A6,'2016 ~'~"""-'~ Purchaser: TBD Project Name: Bernstein Park Address: TBD Project Address: TBD City/State/Zip: TBD City/State/Zip: Stock Island, FL On behalf of ThyssenKrupp Elevator(hereinafter "TKE"), I am pleased to quote$82,975 sales tax included and bond not included,to furnish and install one (1) ThyssenKrupp Passenger Elevators at the aforementioned location. This quote is valid for 45 Days, and is based on the general intent of the bid letter, plans, specifications, addenda#, clarifications, exceptions, and provided durations. Project completion must occur on or before 12/31/2016, or the labor and material contained in this proposal will be subject to escalation. VALUE ENGINEERING OPPORTUNITIES & ALTERNATES 1. None at this time CLARIFICATIONS TO ARCHITECTURAL PLANS 1. Proposal includes muntz sills in lieu of bronze 2. Proposal includes capacity of 2100 Ibs as specified on plans 3. Proposal includes provisions for generator emergency power 4. Proposal includes twin-post holeless hydraulic 5. Proposal does not include any textured stainless steel TKE can proceed with preparation of layout drawings for review and approval with receipt of one (1) full set of plans and specifications, a copy of the preliminary schedule, and the Subcontract Agreement. We will require receipt of a fully executed subcontract agreement, including any attached amendments, along with payment for pre-production and engineering prior to the release of the elevator equipment for fabrication. An invoice representing pre-production and engineering costs will be provided for your convenience upon acceptance of this proposal. If you have any questions or concerns, please do not hesitate to contact me at 786-424-6065.We appreciate your consideration. Sincerely, This is the original elevator bid and company who F & I the elevator. This �� company will perform all repairs to the New Installation Sales Representative elevator pit and elevator equipment c/o ThyssenKrupp Elevator due to the salt water in the elevator pit. 7481 NW 66 Street Miami, FL 33166 786-424-6065 Michael.Blanco@ThyssenKrupp.com ThyssenKrupp Elevator Americas Page 1 of 5 THYSSENKRUPP ELEVATOR SPECIFICATION SUMMARY Project: Bernstein Park Units in Estimate: 1 Opening Size: 3 ft 6 in X 7 ft 0 in Units in Bank: 1 Clear Ceiling Height: 7 ft 4 in Product: endura A Clear Inside Cab Width: 5 ft 8 in Series: Standard Clear Inside Cab Depth: 4 ft 3 in Application: Passenger Hoistway Width: 7 ft 4 in Capacity: 2100 lbs. Hoistway Depth: 5 ft 9 in Speed: 125 FPM Pit Depth: 4 ft 0 in Travel: 10 ft 6 in Overhead: 12 ft 8 in Stops: 2 (2 front, 0 rear) Machine Room Location: Adjacent at Top Landing Doors: Single-speed Side-Opening Controller: TAC 32 Power Supply: TBD Volts, 60 Hz Emergency Power: Standby Operation Seismic Equipment: Non-Seismic Cab Car Fixtures Entrance Doors Cab Type: TKAP- Raised Panels on Steel Type: Traditional All Polished Stainless Steel Shell Finish: Brushed Stainless Panel Type: Vertical Fixtures Included: Swing Entrance Frames Panel or Wall Finish: Polished Stainless Steel Return, Car Position All Brushed Stainless Steel Cab Base: Brushed Stainless Steel Indicator, Car-Riding Base Frieze, Reveal: Brushed Stainless Steel Lantern Entrance Sills Front Return,Transom: Brushed Stainless Steel All Muntz Cab Doors: Polished Stainless Steel Hall Fixtures Canopy: 14 ga. cold rolled steel Type: Traditional New Product Service Ceiling: Downlight Finish: Brushed Stainless Twelve (12) months; 24 Ceiling Finish: Polished Stainless Steel Fixtures Included: Hall hour service available, Lighting: LED Stations, No Hall Lanterns, Overtime call-backs are Not Cab Sill: Muntz No Position Indicators Included Handrail Type: 1.5" Cylindrical Handrail Finish: Polished Stainless Steel Limited Access Provisions Handrail Location: Rear and Side Walls Type: N/A Handrail Row Quantity: One (1) Protective Pads: One (1)Set Cab Finished Floor: By Others(not to exceed 3/8") Additional Features: Two Speed Fan,Vista Remote Monitoring, Fire Service Provisions, Hoistway Access at Top & Bottom Landings, ADA Phone, Non-Proprietary Controller, Solid State Starting, Biodegradable Oil, Pit Ladder ThyssenKrupp Elevator Americas Page 2 of 5 Proposal from fire sprinkler subcontractor for repair work 11811 S.W. 10th Street to repair fire sprinklers on 1st FIsEFsRrFsrrs�► Miami, FL 33184 floor only. (786)355-6244 allproflorida@gmail.com ESTIMATE ADDRESS ESTIMATE# 1483 Bernstein Park DATE 10/17/2017 1100 Simonton Street Key West, FL 33040 SERVICES ANIOUNM Job location: Bernstein Park 1100 Simonton Street Key West, FL 33040 Scope of work: Replace all fire sprinkler pipes & related components that have been affected by Hurricane Irma on 1st Flr only. Pipes will be replaced & painted with anti corrosive paint. Included: Material & labor to complete scope of work mentioned above. Payment terms: Due upon completion Exclusions: Patching, electrical/fire alarm work, correction of any pipe or components not mention in scope only. 23,000.00 TOTAL $23,000.00 Accepted By Accepted Date Triangle Fire, Inc. Estimate 7720 N.W. 53rd Street,Miami,Florida 33166 DATE ESTIMATE# (305)592-3011,Fax:(305)592-5254 1/19/2016 RC2015-907A NAME/ADDRESS Ship To BCG Construction Attn:Ricky This is the company who furnished the FE. FE Cabs. will need to be replaced. TERMS REP SECTION LEAD TIME COD RC 10520 Allow 2 Weeks DESCRIPTION QTY COST TOTAL Job ref:Bernstein Park Stock Island Larsen's Model SS2409-6R Stainless Steel Semi-Recessed Fire 3 180.00 540.00 Extinguisher Cabinet with a Vertical Duo Panel Door,Tempered glass and Black Vertical Die Cut Lettering Larsen's Model MP-10 101b.ABC Multi-Purpose Dry Chemical 3 82.00 246.00 Portable Fire Extinguisher with 4A60BC UL rating,bracket and inspection tag(In Cabinets) Larsen's Model WC6L Wet Chemical 6 Liter Portable Fire 1 195.00 195.00 Extinguisher with bracket and inspection tag(Kitchen Area) Furnish ONLY,Freight included in total cost amount shown 7.5%Key West-Monroe County Sales Tax 7.50% 73.58 org. bid quanity is incorrectly quoted. use B G quanities with tt is unit pricing Mat'I only - no install TOTAL $1,054.58 EXHIBIT B SWORN PROOF OF LOSS DATED FEBRUARY 9, 2018 POLICY NO. CSN0000296 CULL-17-1599 -- -- — INS CLAIM NO. 5/15/2016-10/6/2017 SWORN STATEMENT IN Collingsworth,alter,Flowler&French,LLC POLICY TERM PROOF OF LOSS AGENT Pursuant to s.817.234,Florida Statutes,any person who,with the intent to i jure,dafrnud, $7,968,627,00 or deceive any insurer or insured,prepares.presents,or causes to be presented a proof or 8000 Governors Sq Blvd,Ste 301 --- —"`-`-—loss or estimate of tort or repair ofdtuneged property in support of a claim under an - ANfr OF BLDG COV AT TIME OF LOSS AGENCY AT insurance policy knowing that the proof of loss or estimate of claim or repairs contains any fake,incomplete,or misleading information concerning any fact or tbi g material to the $0.00 claim commits a felony ortho NO degree,punishable as provided ins.775.082,s,775.093, Miaml Lakes,FL 33016 AWT OF CONTENTS COV AT TIME OF LOSS or s.775.084,Florida Statutes. At time of loss,by the above indicated policy of insurance,you insured the interest of Burke Construction Group,Inc. location:Bernstein Park,5300 5th Ave,Stock Island,FL 33040 against loss to the property described according to the terms and conditions of said policy and of all forms,endorsements,transfers and assignments attached thereto. TIME AND ORIGIN A Hurricane Wind and Wind-driven Water loss occurred about the hour of —o'clock M.,on the 11 day of Sept 2017 the cause of loss sold was: Heavy winds and wind-driven water damaged prood to Bernstein Park-named vAndstorm Hurricane Irna OCCUPANCY The premises described,or containing the property described,was occupied at the time of the loss as follows,and for no other purpose whatever. INTEREST No other person or persons had any Interest therein or Incumbrance thereon,except 1.FULL AMOUNT OF INSURANCE applicable to the property for which claim Is presented Is............................ $ 7,968,627.00 2.ACTUAL CASH VALUE.......................................................................................I.................... $ 2,722,620.00 S.ADD ACTUAL CASH VALUE OF CONTENTS or personal property.......................................................... $ 4.ACTUAL CASH VALUE OF ALL PROPERTY..........................................................I........................... $ 5.ADVANCE PAYMENT....................................................................................................................... $ S.LESS APPLICABLE DEPRECIATION(Landscape limit of liability is$50,000)................................................. $ (36,421100) 7.ACTUAL CASH VALUE LOSS is...................................................................................................... $ 8.LESS DEDUCTIBLES,POLICY EXCESS and PREVIOUS PAYMENT(S)..................................................... $ (239,058.81) 9.NET AMOUNT CLAIMED under above numbered policy is(see below for individual carrier contribution)........... $ 2,448,138.19 The said loss did not originate by any act,design or procurement on the part of your insured,nothing has been done by or with the privity or consent of your insured to violate the conditions of the policy,or render it void,,no articles are mentioned herein or In annexed schedules but such as were destroyed or damaged at the time of said loss,no property saved has in any manner been concealed,and no attempt to deceive the sold insurer as to the extent of said loss,has In any manner been made.Any other information that may be required will be furnished and considered part of this proof. Subrogation-To the extent or the payment made or advanced under this policy;the Insured hereby assigns,transfers ans sets over to the insurer all rights,claims or interest that he has against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced.He also hereby authorizes the Insurer to sue any such third party in his name. The Insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to the the Insured with respect to the claim being made herein. The furnishing of this blank or the preparation of proofs by a representative of the above insurer is not a waivs retry of its fights. state of (�e t?i0� v� ? 1 �' pliZ _ County of , — Tp* Z Insured r G a9 2018 oti`„Av preele� ANTHONY BURKE ;°= Notary Public-State of Florida Notary Public My Comm.Expires Feb 10.2018 ors>•�,;o` Commission#FF 071783U EXHIBIT C BURKE CONSTRUCTION GROUP, INC. DOCUMENT REQUEST f Kevin Madok, cPA Clerk of the Circuit Court&Comptroller-Monroe County,Florida November 21,2018 Burke Construction Group, Inc. SENT BY CERTIFIED MAIL David Martinez 7018 0360 0000 2408 0054 10145 NW 19'h Street Doral,FL 33172 Re:Monroe County Clerk and Comptroller's audit of Burke Construction Group, Inc.on the Redevelopment of Bernstein Park Project. Mr.Martinez: The Monroe County Clerk of the Court and Comptroller's Internal Audit Department hereby requests any and all invoices, documentation, contracts, subcontracts, records, and correspondence in possession of Burke Construction Group, Inc. (Burke) that are in any way related to or purport to support the property damage and builder's risk insurance claims that Burke made for damages to the Monroe County Redevelopment of Bernstein Park Project (Bernstein Park). As relates to the Bernstein Park damages claimed by Burke,attached is Burke's signed and notarized Sworn Statement in Proof of Loss dated February 9, 2018, along with the accompanying Executive Summary and Claims Analysis Summary Detail that was provided by the Claims Examiner at Precise Adjustments, Inc. The Clerk and Comptroller's office also request that Burke provides all invoices, documentation, contracts, subcontracts, records and correspondence that Burke contends supports the report, The Post Hurricane Repairs and Completion of Park - Bernstein Park Stock Island, that you provided to the County in March; 2018, detailing Burke's claim of damages and the repairs and replacements made to Bernstein Park.This document is also attached. The contract between Burke and Monroe County Board of County Commissioners provides that the County is entitled to a certified copy of the insurance policy and that the County is identified as loss payee on all policies of insurance, as well as an additional insured. The Bernstein. Park project solicitation which is further incorporated as part of the contract documents between Burke and the County also requires that the policy will be endorsed to include the Monroe County BOCC as the loss payee. We are conducting an audit as allowed in the contract. We have notified you by certified mail, email and phone but we have not received any response from your office. Please provide the documents requested for the audit. I ask that you or Burke's legal representative call me at 305-295-3139 to arrange for the Clerk's auditors to conduct an audit review at Burke's principal office. Sincerely,Sandra L. Mathena, CPA, CFE,CIA KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Pant Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Kevin Madak, CPA Clerk of the Circuit Court&Comptroller—Monroe County,Florida cc: Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller Roman Gastesi,County Administrator Kevin Wilson,Assistant County Administrator Bob Schillinger, County Attorney Chris Ambrosio,Assistant County Attorney Cary Knight, Director,Project Management Johnnie Yongue,Project Manager KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 EXHIBIT D BURKE'S POST HURRICANE REPAIRS AND COMPLETION OF BERNSTEIN PARK PREPARED FOR MONROE COUNTY DELIVERED MARCH 19, 2018 4 co M E a E 3 (� rnv m c m c c� E Y ° o CL LL !n c ID a o -E y m N m o 0 W m E Y c m cA c c m m o LOa �`L ° s cti M n U c m m > � E d o Q N i � dIc an d w c �e g j 25 o rn .` Iq c lL WLL 1- m d y Q co -a U U .c E ER Q) ors 3 > w v E d L E N CO W ❑i O N N N y •RS o6 rn O fn �' E o S? w (� c ) r m c U 3 E cp U (yrJ ac°i N oji't oro m U) .8 a m LL u U o c cc rn U m W "xd ' c j � as 0 X dm � d F. i hlt v 2 o E c m t u)ia.NCL c ~x CL I U a,Ws tll N •O � i m .c LL N m ctl .O •N c N ! 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Ea ,N d ocn` S 'a U mo ¢ oo � u LL LLa: wa vnc fn0 (.2 N M vin cD h co 0 o cv NMvinmh; o m oc* Cl91 s — - ! - - - - N N N N N N N N Cl co c� m EXHIBIT E ADJUSTER CLAIM ANALYSIS SUMMARY 4 co M E a E 3 (� rnv m c m c c� E Y ° o CL LL !n c ID a o -E y m N m o 0 W m E Y c m cA c c m m o LOa �`L ° s cti M n U c m m > � E d o Q N i � dIc an d w c �e g j 25 o rn .` Iq c lL WLL 1- m d y Q co -a U U .c E ER Q) ors 3 > w v E d L E N CO W ❑i O N N N y •RS o6 rn O fn �' E o S? w (� c ) r m c U 3 E cp U (yrJ ac°i N oji't oro m U) .8 a m LL u U o c cc rn U m W "xd ' c j � as 0 X dm � d F. i hlt v 2 o E c m t u)ia.NCL c ~x CL I U a,Ws tll N •O � i m .c LL N m ctl .O •N c N ! U SS ) C U m C O '0 In _ o i E C I.L LL;o Q ? c o j LL c m o 5 c 1 m .ro N N .E c os c .� o � � i E > at!' DU ° m mvU a °N' c0i� '� fY j o - 0 0 _oy m�aL3 - 't c i = f a m e 0 m � .Dro - CC�1 LyycOLIn CUm pN ¢ N a 2m UOC N d U— OO'0- W ca O m O.' U 0 N q 41 co m 0 ?N p row L c <D rom a o CD CD 0c) N s5 W N N N > N N Q U > c C QCl Q 8 m C .0 o ro aEi c E °6 a°i aQ= m C = �'o o w a°i o Y d m-¢ o U` 0 C) a: cr -6Xm O >•Z Za m LL cIaLL m ! _h (.00 O; +- O O Cl) 00 O 00 Op MiO O O O O ;O: $ 0) O !D h m a t4i °' 04 p t� N O O N adi V3' ! t!3 d4 fR fA FR K} 43� tPr to fA to EH te.V9.64 +0! b4 b4 E4 +R. d N Ny Q. CA oN4 § S g S S m � ', o � o v R (�': O O Vt( 2 M W O N N,, M tD r, h °� v m off co m I(i Iri m n C4 cn rD nJ n U') Cl) n cD In ! a M C4 h { ME O *' :S I � U U 00 ` ,69 tpi{ ts► rA�A+ +tT to 44 69 z z 63 z z to-W +A u4 to t4MR i '+Ri o C4 O `O' ICJ to i N O O m LO W co It M w 0) O L O O N O to O O'1 m m 14, O O O CO - C4 h _ o v l rn co co r h N c Cl) cD el O cV O V ci 00 Oi! c-• cU In cV h cD n Y N V m N j m ¢7 N cD RJ ID O to O N ro O U U U U C} U. 49 a>41)+s v3 vJ 44 Vs v! v%us w4 vi eH rR 44 z z 44 z z w c8 b4 14 Z rn 10 I c o � � 0 67 d d O c Q I y U t O _ U — 1 N ftl 00 No E w c E co _p W o w w d ? r31- CL o< d. r 'o Q�IJ3, m m U E a j c j m d CD 2 m y o CD V)' v �_ B m u E E rn o •_ 2 ° i w d m ii ' ro F H > U 1 LL di N cUd N Q j 0 N cc C c m X j C. aai m x aNi >' i 'ro m m ® v a rn° va o! o m e ci c °J U o us Grn �'cc-i-i m ,n o U, c 9v oci a> c may V (� c m N U m °�' m Y o o YI E m aci LL Y ro U .�.Q IM o o m o cd m dLLLL I O . c roU lA - m y '� c U 7T U O)LL _. i O V LL LL C O CD N IL7 O (A a ro C m r� 0 a.« m E -o 0 3 o m cD c h ro c c - rJ m c c N m E m - a d E E m' Y U 03 v a In m e i s > > :� 5 d N 7 C y y `m ,!_' w (D 91 O U t U N v) N N N O O O 0] 7 17C7cn0i f- ! Ea ,N d ocn` S 'a U mo ¢ oo � u LL LLa: wa vnc fn0 (.2 N M vin cD h co 0 o cv NMvinmh; o m oc* Cl91 s — - ! - - - - N N N N N N N N Cl co c� m EXHIBIT F BURKE'S TURF EVALUATION - ELLIS TURF SERVICES, INC. ELLIS TURF SERVICES EVALUATION NOTE: THE ENCLOSED PROVIDES AN INDEPENDENT EVALUATION OF THE PRESENT CONDITION OF THE TURF FOR THE SPORTS FIELDS, PROVIDE BY ROBERT ELLIS, WHO IS RECOGNIZED AS A WELL KNOWN TURF EXPERT IN THE SPORTS FIELD INDUSTRY. BURKE OCTOBER 201 Construction Group Inc. 1, Ellis Turf Services , Inc . c- Robert K. Ellis President Etsi 1960 t@x yahoo.com Ellis Turf Services, Inc_ is a turfgrass advisory company located in Central Florida that specializes in all aspects of recreational turf. Owner/President, Robert K. Ellis, has over 36 years of experience in the turfgrass field. What we do: • Provide agronomic consultation for all types of turf projects. This includes turf diagnosis and maintenance recommendations for both new installations and existing projects. • Provide construction design services, specifications, and recommendations for projects such as athletic fields, golf courses, sod farms, private residences, right of ways, etc. This includes both natural and synthetic turf. • Provide inspection services during all phases of project construction. Ellis Turf Services, Inc. has a maintenance division that performs specialized maintenance practices such as aerification, topdressing, and horticultural services for both new job start up and existing projects. Robert Ellis has worked directly on numerous projects including Champions Gate Golf Resort, Liberty County Schools District (Athletic Fields), Eastern Florida State College, City of Lakeland, City of Auburndale, and the City of Winter Haven. 173 Sunrise Hill Lane 0 Auburndale, FL 33823 • 407-509-7417 Ellis Turf Services , Inc . -fpl Robert K. Ellis: President Ij Etsi l96f}�7a yahoo,com October 10, 2017 Mr. Brad Moretti President of Civil & Sports Turf Division Burke Construction Group, Inc. 10145 NW 19th St. Doral, FL 33172 Office: 305-468-6604 bradgbcgconstruction.net Re: Fields at Bernstein Park, Stock Island Florida Dear Brad: The athletic field complex at Berstein Park, located at 6751 51' Street, Stock Island, FL 33040 was recently impacted from Hurricane Irma. The turf areas were recently installed and was in the establishment phase when the hurricane hit the site and the turf is currently exhibiting severe injury from the direct result of the storm. The first 30-45 days after any turf has been installed is the most crucial time for proper turf establishment. During this establishment phase, proper maintenance practices are mandatory in order for the turf to mature for extended athletic activities. The most important practice is for the turfgrass to have consistent water applications (either via irrigation cycles or rainfall) at frequent intervals primarily during this establishment period. This is due to new turf not having any root mass to draw water from deep within the rootzone area. Once established with deep rooting, turfgrasses can then be watered as necessary based upon environmental conditions. This new turf had only been installed less than 3 weeks and was very juvenile and susceptible to injury and stresses. Once the hurricane hit the site, several issues then occurred. First off was the loss of power, thus the loss of the ability of the turf to be watered properly for establishment. There is a wide range of tolerance to lack of water among turfgrass species. These fields were sodded with Seashore Paspalum and this turf would be considered average as far as drought tolerance is concerned. Drought tolerance relates to the ability of a turfgrass species to recovery from injury due to extended periods of time without water. Drought tolerances are also measured upon mature turfgrass. Any newly planted turfgrass will not have it best performance until full rooting depth is acquired and the plant is mature. This usually takes a minimum of 90 days for full establishment but this can be longer depending upon environmental conditions, type of turf used, soil it is being grown on, etc. The new turf is exhibiting severe injury due to lack of proper watering practices during the period after the storm. A mature established Seashore Paspalum is very slow to recover from any drought related stresses and can take several months to recover. This turf went from the farm to the field and was still in a transitioning phase when the storm hit, in my opinion, voiding opportunity for recovery. 173 Sunrise Hill Lane • Auburndale, FL 33823 • 407.509.7417 Brad Moretti Burke Construction Bernstein Park Turf October 10, 2017 Page 2 of 3 Secondly, upon notice of the storm's arrival, evacuation orders were given to leave the Keys. This left no personnel to monitor irrigation cycles and perform necessary maintenance practices to help the establishment process of the turf. Practices such as rolling, mowing, fertilization are all necessary to provide smooth, level playing surfaces. Thirdly, during the height of the storm, the field area was then covered with water. This water most likely had very high levels of salts from local seawater and potentially other contaminants, such as oils, etc. from roads. Salts in the soil profile are very damaging to turfgrass, especially delicate juvenile roots. Seashore Paspalum was chosen to be used on these fields due to its ability to withstand higher salt concentrations as compared to other turfgrass species. It can also tolerate reduced quality irrigation water typically associated with reclaimed water used for irrigation purposes. This is only true on mature, established turf. Research has proven that Seashore Paspalum is similar in needs to other comparable turfgrass species during the establishment period, thus needing both proper water quantity and quality (low salt, bicarbonates, etc.). The contractor, Burke Construction Group, had a 90 day maintenance/establishment period which began immediately after the turf was installed. The county would then inspect the field(s) after that time and then either accept the fields or identify areas which still require attention. The county would then schedule athletic events which could be used as a revenue source for athletic tournaments. Burke is well over halfway of their maintenance period and the turf will never meet acceptance by the county by the turnover period. The other factor to this is the fact Burke has to warranty the fields for a period of 1 year after acceptance by the county. Due to the fields being submerged for an extended period of time, there is no way of knowing the impact this may have on the rootzone over the long term. This could be from higher salt levels as previously discussed, contamination from outside sources such as oils, etc. and also potentially fine silts that could be left deposited over the surface after the water level receded. The field was constructed with a rootzone layer of 4" of premium quality USGA sand blended with Sphagnum peat. This is the ideal material to grow high quality turf that is to be used for extended athletic use. This is the same material that is used under professional golf greens and professional athletic fields. It is extensively tested during all phases of the blending process to insure exact particle size quality it met. Any variances will greatly impact percolation rates, compaction resistence, etc. Any high quality turf that becomes submerged for any length of time can be susceptible to a layering from fine silt that can be left behind. This can be very detrimental over the long term and the impact from this may not immediately be identified. While not all of the turf is currently impacted, much of it is. It is also very unlevel due to the lack of practices performed during the hurricane period. Because the county is buying a "turnkey"product, the only way to fully insure the long term quality of the field would be to remove all of the turf and the 4" of rootzone mix and replace it. Because a lot of the turf is demonstrating stress, patching the bad areas of the existing turf is probably more expensive than replacing and starting over. Besides, a patch is a patch and requires highly skilled installers to blend it in perfectly. This is very time consuming and requires additional work of topdressing, rolling, etc. for perfect blending of the existing and new. Often times patches can be identified for extended time due to high/low spots. I work with many county athletic field projects and know from firsthand experience they will not accept sub-standard work to any extent or reason. Removal of the rootzone mix would also insure that there would be no long term impact to this area either. Replacing only the turf and then an issue arise either during Burke's 1 year warranty period or even after that period expired that could be directly 173 Sunrise Hill Lane • Auburndale, FL 33823 • 407.509.7417 Mr. Brad Moretti Burke Construction Bernstein Park Turf October 10, 2017 Page 3 of 3 attributed to contaminate rootzone mix would be disastrous. This would be costly to repair, not to mention the possible loss of revenue while the field(s)had to be repaired or completely renovated. It should also be noted that the field does have underground drainage and irrigation. While these most likely would not be directly impacted from the storm, they most likely would receive some damage during the demolition process of removing and replacing the rootzone mix and turf. The drain lines consist of 1"x 12" flat plastic drain pipe laid directly on the floor of the sub-grade with the 4" of rootzone mix installed directly on top of it. There is virtually no way to completely remove all the rootzone mix without extensive damage to the exposed drain pipes, especially from construction equipment. While the sprinkler main lines are installed deeper so they have less chance of damage, the actually sprinkler heads and risers (swing joints) themselves will need to be removed and then reinstalled to prevent damage to them. This requires additional labor to prevent damage to these components. In summary, the timing of the storm could not have been worse. The county wants to assume a fully functional athletic complex that was built to the high-quality design standards from the architects. The intent of these design specifications was to provide construction methods that would allow the fields to tolerate high use intensities and still maintain safe, quality turf conditions. If you have any questions feel free to contact me at any time. Best regards, Bobby Ellis, President Ellis Turf Services, Inc. 173 Sunrise Hill Lane • Auburndale, FL 33823 • 407.509.7417 Robert Keith Ellis 173 Sunrise Hill Lane Auburndale, Florida 33823 (0) 863-984-5114 (C) 407-509-7417 E-mail: etsi1960(cwahoo.com 2012 - Present Golf Agronomics Supply& Handling, Sarasota, Florida Regional Manager. Sales/technical representative for Central/North Florida area supplying construction materials for the turf and landscape industry. 2006 - Present Ellis Turf Services,Inc.,Auburndale, Florida Owner/President. Provide complete agronomic services for various turf projects including athletic complexes, golf courses, and private residences. 2006 - 2012 Florida Potting Soils,Inc., Orlando, Florida Technical Representative/District Manager. Responsible for advisory and sales of construction materials for athletic fields, golf courses, landscape projects, etc. for the Southeast Region - Golf and Athletic Division. 2006 UNITED GOLF CONSTRUCTION,Polk City, Florida Operations Manager - Staff Agronomist. Responsible for management operations for golf course construction company, including bidding,job quality controls, and agronomic needs for 60 acre bermudagrass sod farm. 1999—2005 CHAMPIONS GATE GOLF RESORT,Kissimmee, Florida Golf Course Manager. Responsible for all aspects of hard construction, grow-in, and upon completion, all maintenance operations of 36-hole Greg Norman designed golf resort. Also designed and constructed 9-hole Par 3 course for the OMNI Hotel @ Champions Gate. Hosted numerous professional and amateur events including 2003-2005 Office Depot/Father Son Challenge, 2002 & 2003 Canadian Tour qualifying School, and 2002 Florida State Amateur. 1994 - 1999 INDIAN RIVER CLUB,Vero Beach, Florida Golf Course Superintendent/Project Manager. Responsible for complete project development of 18-hole golf/residential community including golf course construction/grow-in, landscape design and installation, common area/residential irrigation design, and infrastructure utilities. Project was awarded Audubon Signature Status, Audubon International's highest award for responsible project development and commitment to environmental awareness in 1996. 1992— 1994 QUEEN'S HARBOUR YACHT & COUNTRY CLUB,Jacksonville, Florida Golf Course Superintendent. Responsible for management of personnel, procurement of supplies, budgeting, and complete maintenance operations of 18-hole private golf club located within environmentally sensitive boundaries of the Atlantic Intracoastal Waterway. Robert Keith Ellis Page 2 1990— 1992 GRASSLANDS GOLF & COUNTRY CLUB, Lakeland, Florida Golf Course Superintendent. Responsible for construction, grow-in, and complete maintenance operations of 18-hole Bob Cupp/Jerry Pate designed private golf club. 1983— 1989 LAKE REGION YACHT & COUNTRY CLUB,Winter Haven, Florida Golf Course Superintendent. Directed all maintenance operations of 18-hole private club, including both golf course and landscape management of entire project and oversaw complete reconstruction of greens and surrounding areas including bunkers, irrigation, drainage, and cartpaths. Worked closely with architect Dean Refram planning, designing, building, to completion of work. 1981 — 1983 GRENELEFE GOLF & TENNIS RESORT, Grenelefe, Florida Assistant Golf Course Superintendent. Directly managed East Golf Course and assisted administrative direction for golf course maintenance operations for 54- hole resort. Experience included extensive involvement with construction/grow- in of South Course and tournament prep for numerous NCAA, Mini-Tour, and PGA Tour Qualifying events. 1977- 1981 Various turf internships at William L. Hutcheson Golf Club, Lakeland, FL, Boca West Golf Resort, Boca Raton, FL, and Walden Lake CC, Plant City, FL. EDUCATION LAKE CITY COMMUNITY COLLEGE, Lake City, Florida A.S., Golf Course Operations, 1981 - Honor Graduate with 3.96 GPA. PERSONAL ACHIEVEMENTS • Appeared in 1996 Episode of ESPN's Par for the Course, sponsored by The Golf Course Superintendents Association of America (GCSAA) • Member of the Florida Turfgrass Association since 1979. • Served as President of the Florida Turfgrass Association in 2002-2003. • Member of the Florida Golf Course Superintendents Association since 1989. • Founder and past President of the Ridge Chapter of the FGCSA. • Former Vice President of the Treasure Coast Chapter of the FGCSA. • 20 year member of the GCSAA. • Member of the Central Florida Sports Turf Managers Association since 2011. • Hosted many professional, intercollegiate, and amateur golf tournaments. 0 Co-MVP of High School Golf Team (senior year). EXHIBIT G BURKE'S PROJECT COST SUMMARY DELIVERED MARCH 19, 2018 1 ,001 BURKE PROJECT COST SUMMARY ir 1Ycicci: BERNSTEIN PARK REDEVELOPMENT DAMAGE REPAIR AND PROJECT COMPLETION l:acwft; 6791 Sthstmaysradl Ward,FL33044 Item Dnerlpflon or Work I:lTW-*d Garda Cormnows 1 c,€nx ar'..5teldiar.l .4m S "ticar-, ad T atoll � ,.n,c,r+� c 9.10t107 Re-mtat0r h f tard CzTdrdt Lines•Fkardp It LAnd S 1.300 vop 3 r3kc,-lkrbul Ramovar S 44.2500D Gum oats and Oftne Trout+Px*•u { F-^*4�-,wima Pura!Clpznng of falf;.�c�. W rariane and Ponmear 5 ToEg Fartck S 6 I'm It Fee Albwanra-Unhet$S Fromwbv 5 4'A 15 w Teslln for Skawatk.SuAL L4 if Rock wart 7 utifily Fees - F I'i AT&T;CaOMOSt WORM and St m=r 8 I G1 Fgo$ S - gourd Road.Fero and Pdbe IPr nrt fees Perm4 Faet P"m�Ft +C; 103 s r t Lvon.'tAmn 5 4493150 DemcNOAkti al-M B:13ufl?F Coro 12 S' kr Ceeid Week S 404 3.00 3r 5 cr and realRtetA of Rift lmd matmo 18 Cs:V*G,k-Gdarx.-tar 5 lam 5, 8. 90 Clow out Sb/fKlm 14 Wwo Fwom Replacement-Trash Eneloswe S 0150.00 R®r Lace f<&Hr.h_Wood Ferml-ei PatsonneI Gale&DSL San9ca Gates B Hdwr 15 L�NUA fertci ■ulna 1c E S 2ba50.00 UKaa''.,.;¢GAtpaPldahrlgteGFBCIatSE St ;; 16 .rh&mTj•m,Gnrre�12 A.Hgh�,f'9 e N--! ;ov r 5 i5 035.90 P:eai�.e 137ack V n#Far rn-12R M He" d 1-1rn 3 o.r 4 in S BOX S - OM Wal!8 t,OnSbUCI Cont101 lan t8 T : P.v^- c 577.50 _ Re all 39 02466CoStInPb a.._•st AlNIC At nMill eslohaad,drill8E RBbrfac- rotk4no(Foundslbm 02 S 612�Q1 21 0ng-5StlrlawRastormn M8 f4dt Icahle 2l 02810 rt+k lion S stems NIC Nat recapr r 23 Lar4ftcapwQ . .Strrubs-Trees ke aoMaN s 6125700 Taos.Shnrbs.Petra MrlEerlats A6erch 24 r 25 Ctxtaale Pla-stand $ 7,302.t5 Fon & j, kego fvemo PLace Co,-e. 26 aask4AW Cowl Rwanr!2 Wad 27 C'aurpdarr!pns lA.r 6a8tca1pca11 Laun keaa,r,e . Wall - Ratal4i i Wall form,firwhxcin- .PiwaA Flrish Cane. 28 Au Err Calf P01 UfV*r A61Mrur WIWI NIC I Ru cst! l-In be Sid Tian$E sv Re Mvrc to Ile-irt I,-,V'G4 t,:•c-; EXHIBIT H BURKE'S LEGAL ADVISOR'S LETTER TO COUNTY ATTORNEY'S OFFICE THE LAW OFFICES OF FE1LD ER & LEWIS A PROFESSIONAL ASSOCIATION DAVID R.ELDER 9150 S.DADELAND BOULEVARD KERRY H.LEWIS SUITE 902 MIAMI,FL 33156 MAIN (305)667-4774 OF COUNSEL December 19, 2018 FAX (305)667-4664 FREDRICA B.ELDER WEBSITE: www.eideriewis.com VIA EMAIL Ambrosio-Chris(n MonroeCounty-FL.Gov Chris Ambrosio,Esq. Assistant County Attorney Monroe County Attorney's Office 1111 12"' Street Suite 408 Key West,FL 33040 Re: Burke Construction Group,Inc. Dear Mr. Ambrosio: As you know this office represents Burke Construction Group, Inc. Our client has informed us that a "Michael Stanek" in the office of the "Clerk of the Court and Comptroller" is contacting the Burke Construction Group subcontractors and material suppliers on the Bernstein Project. It is our understanding that he is calling repeatedly and is asking for billing invoices following Hurricane Irma. These repeated inquiries will affect Burke Construction Group's business relationship with its subcontractors and material suppliers. In reviewing one of the emails from Mr. Stanek I note that he offers no reason for the request or any legal right to obtaining the documents. If Mr. Stanek has a legal right to pursue the billing of Burke Construction Group subcontractors and material suppliers, perhaps you should detail to me the County's rights and entitlement. I will make an expeditious determination as to whether I agree with either. Without a legal right, Monroe County must cease interfering with the business and contractual relationships between Burke Construction and its subcontractors and material suppliers. Chris Ambrosio, Esq. Assistant County Attorney Monroe County Attorney's Office December 19, 2018 Page 2 of 2 Calls and repeated calls serve to create undeserved suspicion. While sending an implied message to the construction community that Burke Construction has done something wrongful may serve whatever motives Monroe County possesses with regard to the Burke Construction Group, the non-conventional action, without a legal right, fortifies the growing concern in the Burke camp that Monroe County has and continues to harbor unjustified animus against Burke Construction and its principals which affects their ability to continue to work and earn profits in Monroe County. I urge you and Mr. Stanek to cease and desist these actions. Sinc re,, DAL,' ID R. ELDER DRE:mmo cc: Burke Construction Group, Inc. �j P.A. DADELAND CENTRE II-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 n LDER & LEWIS,E�'D IS A MAIN: (305) 667-4774 • FAX: (305) 667-4664 • WEBSITE: www.eideriewis.com EXHIBIT I CLERK'S RESPONSE TO ATTORNEY ELDER -._....,.� Kevin MAO, cPA Clerk of the Circuit Court&Comptroller—Monroe County,Florida December 20,2018 David R. Elder,Esq. Elder&Lewis,P.A. 9150 S.Dadeland Boulevard Suite 902 Miami,FL 33156 Re: Monroe County Clerk and Comptrollers Audit of Burke Construction Group, Inc.on the Redevelopment of Bernstein Park Project. Mr.Elder: We sent you a certified letter on November 27, 2018 after Mr. Martinez of Burke Construction Group, Inc. requested that we forward all correspondence to you regarding the Monroe County Clerk and Comptrollers Office Internal Audit of the Bernstein Park Project. We have not received any response from your office regarding our request to Mr. Martinez to set up an audit date. Mr. Martinez has not responded to our numerous requests other than to request our correspondence to him be sent to your office. The Monroe County Attorney's Office provided us with a copy of your letter dated December 19, 2018 regarding the audit. The County Attorney's Office is not conducting the audit and does not conduct audits. As I stated in my previous correspondence to Mr. Martinez and in your letter the Internal Audit is being conducted by the Monroe County Clerk of the Court and Comptrollers Office. The Florida Constitution established the Clerk & Comptroller as an independently elected public constitutional officer. The Monroe County Clerk is not only Clerk of the Circuit Court, but also the County Treasurer, Recorder, Auditor, Finance Officer, and Ex-Officio Clerk of the County Commission. As part of his fiduciary duty as the Auditor he requested the audit of the Bernstein Park Project. To date we have not received any documents from Burke Construction Group, Inc. or your Office. Again I request you contact the Monroe County Clerk and Comptroller's Office at 305-295-3139 to make arrangements for the audit. Sincerely, Sandra L. Mathena,CPA,CFE,CIA Director of Internal Audit cc: Kevin Madok,CPA,Clerk of the Circuit Court&Comptroller KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 EXHIBIT J COUNTY ATTORNEY'S RESPONSE TO ATTORNEY ELDER o BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia J.Murphy,District 5 Mayor Pro Tem Danny L.Kolhage,District l The Florida Keys r. Michelle Coldiron,District 2 tt I leather Carruthers.District 3 C David Rice,District 4 Robert B.Shillinger,County Attorney** Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney Cynthia L.Hall,Assistant County Attorney** 1 l 11 12"'Street,Suite 408 Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040 Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax Peter H.Morris,Assistant County Attorney Patricia Eables,Assistant County Attorney Chris Ambrosio,Assistant County Attorney** Paul Witkiewitz,Assistant County Attorney Paunece Scull,Assistant County Attorney **Board Certified in City,County&Local Govt.Law December 20, 2018 David Elder Elder & Lewis, P.A. Dadeland Centre II 9150 South Dadeland Boulevard Suite 902 Miami, FL 33156 Dear David: Chris Ambrosio forwarded your letter, dated December 19, 2018, in which you write that your client, Burke Construction Group, has informed you that "Michael Stanek" in the Office of the Clerk of the Court and Comptroller is contacting Burke's subcontractors and materials suppliers on the Bernstein Project. To be clear, nobody from the County Attorney's Office has contacted Burke's subcontractors or material suppliers concerning Monroe County's Bernstein Park project. Mr. Stanek works for the Clerk, Kevin Madok. The Clerk is a Constitutional Officer elected pursuant to Article V, § 16 and Article VIII, § 1 of the Florida Constitution. In a non-charter County such as Monroe, the Clerk draws his authority to audit county records, assets, and activities directly from the Florida Constitution, not from the County Commission. As such, the BOCC, the County Attorney, the County Administrator, and the various County departments do not control the activities of the Clerk or his deputies and auditors. I respectively suggest that you direct any concerns about the audit to the Clerk. County departments are sometimes on the receiving end of audits conducted by the Clerk. As I have told staff who find themselves on the receiving end of their first, audits are simply one aspect of working for or doing business with a non-chartered County in Florida. Sincerely, Robert B. Shillinger County Attorney Cc: Assistant County Attorney Chris Ambrosio EXHIBIT K ATTORNEY ELDER'S 2ND LETTER THE LAW OFFICES OF ELDER & LEWIS A PROFESSIONAL ASSOCIATION DAVID R.ELDER 9150 S.DADELAND BOULEVARD KERRY H.LEWIS SUITE 902 MIAMI,FL 33156 MAIN (305)667-4774 FAX (305)667-4664 OF COUNSEL January3, 2019 FREDRICA B.ELDER WEBSITE: www.elderiewis.com VIA EMAIL VIA EMAIL kmadoknae,monroe-clerk.com smathenakmonroe-clerk.com Kevin Madok, CPA Sandra L. Mathena, CPA, CFE, CIA Clerk of the Circuit Court& Monroe County Clerk of the Court Comptroller & Comptroller's Internal Audit Dept. 500 Whitehead Street 500 Whitehead Street Key West, Florida 33040 Key West, FL 33040 Re: Burke Construction Group,Inc. /Mike Stanek inquires of third parties Dear Mr. Madok and Ms. Mathena: Please see the attached letter sent by this office to Chris Ambrosio on December 19, 2018. Please also see the response letter sent by Bob Shillinger on December 20, 2018. Mr. Shillinger states: "As such the BOCC, the County Attorney, the County Administrator and various County departments do not control the activities of the Clerk or his deputies and auditors. I respectively suggest that you direct any concerns about the audit to the Clerk." Essentially, we are trying to assess what authority the Clerk's office has with regard to an audit. While there is a contract provision Article 7.6 addressing a possible right to records, Burke Construction has received correspondence regarding interviews, and now we are receiving inquiries from suppliers and material who are receiving repeated calls from a"Mike Stanek." Perhaps we can simply indentify from where your source of authority arises. Are you relying on the contract or the Florida Constitution as a non-charter county. At this juncture, I do not see any authority for an interview. At this juncture, I do not see any authority to conduct the equivalent of discovery from third parties which serves only to alarm the subcontractors and material suppliers and suggest some kind of wrong doing. Kevin Madok, CPA Sandra L. Mathena, CPA, CFE, CIA January 3, 2019 Page 2 of 2 In light of the fact that Bernstein Park has been completed and fully paid, with a certificate of substantial completion signed by all necessary parties, I am inquiring what the purpose of the audit is. Is there a reason or is the inquiry simply a pursuit of the improbable. Naturally, if we can identify the authority the Clerk's office is working under to pursue interviews and contact third parties, I will consider compliance and harmony. Essentially, I would like to know Mr. Stanek's authority with regard to non-contracting parties or at least your understanding of that authority. If we can avoid a "Declaratory Relief' action, that would be a great thing. Sincerely, (:2 DAVID R. ELDER DRE:mmo cc: Robert Shillinger, Esq. (via email) Burke Construction Group (via email) P.A. DADELAND CENTRE II-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 LDER & LEWIS, 1 A MAIN: (305) 667-4774 • FAX: (305) 667-4664 • WEBSITE: www.elderlewis.com THE LAW OFFICES OF FE1LD ER & LEWIS A PROFESSIONAL ASSOCIATION DAVID R.ELDER 9150 S.DADELAND BOULEVARD KERRY H.LEWIS SUITE 902 MIAMI,FL 33156 MAIN (305)667-4774 OF COUNSEL December 19, 2018 FAX (305)667-4664 FREDRICA B.ELDER WEBSITE: www.eideriewis.com VIA EMAIL Ambrosio-Chris(n MonroeCounty-FL.Gov Chris Ambrosio,Esq. Assistant County Attorney Monroe County Attorney's Office 1111 12"' Street Suite 408 Key West,FL 33040 Re: Burke Construction Group,Inc. Dear Mr. Ambrosio: As you know this office represents Burke Construction Group, Inc. Our client has informed us that a "Michael Stanek" in the office of the "Clerk of the Court and Comptroller" is contacting the Burke Construction Group subcontractors and material suppliers on the Bernstein Project. It is our understanding that he is calling repeatedly and is asking for billing invoices following Hurricane Irma. These repeated inquiries will affect Burke Construction Group's business relationship with its subcontractors and material suppliers. In reviewing one of the emails from Mr. Stanek I note that he offers no reason for the request or any legal right to obtaining the documents. If Mr. Stanek has a legal right to pursue the billing of Burke Construction Group subcontractors and material suppliers, perhaps you should detail to me the County's rights and entitlement. I will make an expeditious determination as to whether I agree with either. Without a legal right, Monroe County must cease interfering with the business and contractual relationships between Burke Construction and its subcontractors and material suppliers. Chris Ambrosio, Esq. Assistant County Attorney Monroe County Attorney's Office December 19, 2018 Page 2 of 2 Calls and repeated calls serve to create undeserved suspicion. While sending an implied message to the construction community that Burke Construction has done something wrongful may serve whatever motives Monroe County possesses with regard to the Burke Construction Group, the non-conventional action, without a legal right, fortifies the growing concern in the Burke camp that Monroe County has and continues to harbor unjustified animus against Burke Construction and its principals which affects their ability to continue to work and earn profits in Monroe County. I urge you and Mr. Stanek to cease and desist these actions. Sinc re,, DAL,' ID R. ELDER DRE:mmo cc: Burke Construction Group, Inc. �j P.A. DADELAND CENTRE II-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 n LDER & LEWIS,E�'D IS A MAIN: (305) 667-4774 • FAX: (305) 667-4664 • WEBSITE: www.eideriewis.com o BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia J.Murphy,District 5 Mayor Pro Tem Danny L.Kolhage,District l The Florida Keys r. Michelle Coldiron,District 2 tt I leather Carruthers.District 3 C David Rice,District 4 Robert B.Shillinger,County Attorney** Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney Cynthia L.Hall,Assistant County Attorney** 1 l 11 12"'Street,Suite 408 Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040 Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax Peter H.Morris,Assistant County Attorney Patricia Eables,Assistant County Attorney Chris Ambrosio,Assistant County Attorney** Paul Witkiewitz,Assistant County Attorney Paunece Scull,Assistant County Attorney **Board Certified in City,County&Local Govt.Law December 20, 2018 David Elder Elder & Lewis, P.A. Dadeland Centre II 9150 South Dadeland Boulevard Suite 902 Miami, FL 33156 Dear David: Chris Ambrosio forwarded your letter, dated December 19, 2018, in which you write that your client, Burke Construction Group, has informed you that "Michael Stanek" in the Office of the Clerk of the Court and Comptroller is contacting Burke's subcontractors and materials suppliers on the Bernstein Project. To be clear, nobody from the County Attorney's Office has contacted Burke's subcontractors or material suppliers concerning Monroe County's Bernstein Park project. Mr. Stanek works for the Clerk, Kevin Madok. The Clerk is a Constitutional Officer elected pursuant to Article V, § 16 and Article VIII, § 1 of the Florida Constitution. In a non-charter County such as Monroe, the Clerk draws his authority to audit county records, assets, and activities directly from the Florida Constitution, not from the County Commission. As such, the BOCC, the County Attorney, the County Administrator, and the various County departments do not control the activities of the Clerk or his deputies and auditors. I respectively suggest that you direct any concerns about the audit to the Clerk. County departments are sometimes on the receiving end of audits conducted by the Clerk. As I have told staff who find themselves on the receiving end of their first, audits are simply one aspect of working for or doing business with a non-chartered County in Florida. Sincerely, Robert B. Shillinger County Attorney Cc: Assistant County Attorney Chris Ambrosio EXHIBIT L BUILDERS RISK INSURANCE REQUIREMENTS FOR REDEVELOPMENT OF BERNSTEIN PARK Redevelopment of Bernstein Park VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Owned; Non-owned; and Hired Vehicles Required Limits: VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or"Not for Profit" organizations. Risk Management must approve the use of this form). VL2 $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit VL3 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VIA $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BR1 X Builders' Limits equal to the Risk Full Replacement Value of the completed project. CLl Cyber Liability $1,000,000 MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO1 Professional $ 300,000 per Occurrence/$ 500,OOOAgg. PRO2 Liability $ 500,000 per Occurrence/$1,000,000 Agg. PRO3 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg. POL3 $3,000,000 per Occurrence/$6,000,OOOAgg. POL4 $5,000,000 per Occurrence/$10,000,000 Agg. ED1 Employee $ 10,000 ED2 Dishonesty $100,000 INSURANCE REQUIREMENTS AND FORMS 00120-Page 36 of 240 ?00%\ Redevelopment of Bernstein Pack BUILDERS RISK INSURANCE REQUIREMENTS FOR Redevelopment of Bernstein Park BETWEEN MONROE COUNTY, FLORIDA AND Burke Construction Group, Inc. The contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the county, Builders Risk Insurance on an All Risk of Loss form. Coverage shall include Theft Aircraft Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion The polict limits shall be no less that the amount of the full replacement value of the completed structure and coverage shall be provided on a completed value basis. Propoerty materials, or supplies located on the construction premesis,which is intended tp become a permanent part of the building, shall be included as property insured. The policy shall be endorsed permitting the county to occupy the building prior to completion without effecting the coverage. The policy will be endorsed to include the Monroe County Board of County Commissioners as the Loss payee. BR1 INSURANCE REQUIREMENTS AND FORMS 00120-Page 41 of 240 EXHIBIT M PROPOSER'S AND INSURANCE AGENT'S STATEMENT /,a•., Redevelopment of Bernstein Pare PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease,each employee General Liability, including $2,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Builder's Risk: Required Limits equal to the full replacement value of the complete project Vehicle Liability(Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Public Construction bond Required. Bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from INSURANCE REQUIREMENTS AND FORMS _ , 00120-Page 42 of 240 Redevelopment of Bernstein Park such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. I fully accept the indemnification and hold harmless as set out on page 00110-12 of this proposal. Burke Construction Grouf Inc PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00120-Page 43 of 240 "~ Redevelopment of Bernstein Park INSURANCE AGENTS STATE[V�NT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liab-GL2053366 None Workers Comp-WC2053365 None Umbrella-5811049062 None Liability policies are X Occurrence Claims Made Insurance Agency Signature �•, Business Auto- Hired & Non-Owned Auto Only Policy#CA2053364 Deductible None End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00120-Page 44 of 240 EXHIBIT N AUDITEE RESPONSE BOARD OF COUNTY COMMISSIONERS C aunty of Monroe s: Mayor Sylvia J.Murphy,District 5 The Florida Keys � :. ;r Mayor Pro Tern Danny L.Kolhage,District l Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 Monroe County Project Management 1100 Simonton Street, Suite 2-216 Key West,FL 33040 April 12, 2019 To: Clerk of Court Attention: Ms. Sandra Mathena, CPA, CFE, CIA; Director of Internal Audits Mr.Michael Stanek, CIA,CFE,CCSA;Internal Auditor Re: Project Management Responses to Draft Audit Report conclusions for the Bernstein Park project dated March 25,2019,prepared by the Internal Audit Department Clerk of the Circuit Court and Comptroller(Draft Audit). The responses are keyed to the order of the recommendations as presented in the Draft Audit Report Draft Audit Observations and Responses to the Recommendations: A. Burke,Their Legal Advisor,and Insurance Agent Would Not Cooperate with the Clerk of Court's Internal Audit Department. 1. Project Management will further research MCC §2-347(1)(1)and recommend a course of action to the Administrator/BOCC by June 1, 2019. 2. Project Management is in agreement with the recommendation and has implemented a more comprehensive audit provision. 3. Project Management is in agreement with the recommendation. B. Inconsistent Reporting of Hurricane Irma Loss by Burke. 1. Project Management will further research MCC §2-347(1)(1)and recommend a course of action to the Administrator/BOCC by June 1, 2019. 2. Project Management is in agreement with the recommendation. C. Unable to Confirm the Cost of Bernstein Park's Hurricane Related Repair Work 1. Project Management will further research MCC §2-347(1)(1) and recommend a course of action to the Administrator/BOCC by June 1, 2019. 2. Project Management is in agreement with the recommendation. D. Strengthen County's Oversight of Contractors' Compliance With Insurance 1. Project Management agrees with the recommendation. Risk Management and all Project Management employees will attend training being presented by Risk Management. 2. Project Management is in agreement with the recommendation, will obtain,and forward to Risk copies of full certified Builder's Risk Policies. Policies will be retained in the project files. Project Management is exploring the advisability of owner acquired Builder's Risk coverage. E. Electric Bills of$17,349.26 Should Not Have Been Paid by Monroe County 1. Project Management is in agreement with the recommendation and will file a claim with the Contracto b ay 15, 2019, CrKphigt 3' t� Director of Project Management AUDITEE RESPONSE RISK MANAGEMENT Monroe BOARD OF COUNTY COlVMISSIONERS Co of Mon oe � �„ �1' Mayor S Ivia J.Mu by District 5 am_ �q Mayor Pro Tern Danny L.Kolhage,District 1 -Me e 1 ofida Keys a I Michelle Coldiron,District 2 -7-�:, Heather Carruthers,District 3 David Rice,District 4 Robert B.Shillinger,County Attorney— Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney Cynthia L.Hall,Assistant County Attorney** 1111 12`'Street,Suite 408 Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040 Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax Peter H.Morris,Assistant County Attorney Patricia Fables,Assistant County Attorney Chris Ambrosio,Assistant County Attorney** Paunece Scull,Assistant County Attorney **Board Certified in City,County&Local Govt.Law April 15, 2019 Ms. Sandra Mathena, CPA, CFE, CIA Mr. Michael Stanek, CIA, CFE, CCSA Director of Internal Audits Internal Auditor Monroe County Clerk of Courts Monroe County Clerk of Courts 500 Whitehead St. 500 Whitehead St. Key West, FL 33040 Key West, FL 33040 Dear Ms. Mathena and Mr. Stanek: Thank you for a copy of the Draft Audit Report of Bernstein Park Project/ Burke Construction Group, Inc. ("Draft Audit Report"). The purpose of this letter is to respond on behalf of Risk Management to Audit Conclusion D within the Draft Audit Report, which states: "Monroe County needs to strengthen its oversight of bid proposals and construction contracts to ensure that contractors fully comply with insurance requirements and certifications." Audit Conclusion D contains two recommendations. The first recommendation reads: "We recommend that Project Management and other County employees receive training on insurance requirements to ensure that bid proposals and contracts include properly completed insurance-related documents." Risk Management fully concurs with this recommendation. By no later than May 15, 2019, Risk Management will present a seminar to employees within Project Management, Airports, Budget, and any other department involved in procurement or oversight of construction projects of any type, to present a seminar to train the employees on insurance requirements for these projects. Risk Management will present the seminar again at least annually (or more frequently if insurance requirements change) and will take steps to record the presentation so that it is available on demand for new employees between the annual presentations. The second recommendation reads: "We recommend that Risk Management obtain completed certified builder's risk policies for all the County's construction projects." Risk Management also fully concurs with this recommendation. In the case of construction projects, the Risk Management Policies and Procedures (RMPP) (attached to Administrative Instruction 7500.7) and specifically the "Schedule of Insurance Requirements for Construction Contractors, Subcontractors and Professional Services" within the RMPP already requires the vendor to provide proof of Builder's Risk insurance on Certificate of Insurance for certain types of construction projects (any construction project (new or renovation) in which the structural integrity of the building is involved). The RMPP currently says that the Builder's Risk policy must name Monroe County as a Loss Payee in addition to Additional Insured. Having the County named as a Loss Payee gives the County additional protections beyond "insured" or "additional insured." Had the County been named as a "loss payee" on the Builder's Risk policy in this case, Burke would not have been able to present and settle its insurance claim with its carrier directly, without notification to or involvement of the County. The primary onus is on the department to ensure that the contract requires Builder's Risk insurance as well as the other insurance coverages and to ensure that the vendor provides the COI showing Builder's Risk coverage (where required). Currently, Risk Management reviews relevant documents at three times: • When Procurement documents (bid packages or Requests for Proposal) are sent to Risk for review, if they are presented to the BOCC as part of agenda backup; • When the contract is sent to Risk Management for review, either because the contract is routed internally for approval (if it is a "small contract", under $50,000) or when the contract is presented to the BOCC for approval; • When the Certificate of Insurance (COI) is sent to Risk for approval (generally, at or shortly after contract execution). Risk Management reviews the COI to make sure that a COI for Builder's Risk Insurance is submitted (in addition to the other types of insurance coverages), and to make sure that the COI for the B.R. names the County as a Loss Payee (not just Additional Insured or Additional Insured). Risk Management will continue to review those documents at those times and to work with the departments to ensure that the procurement documents call out the correct required insurance coverages; the contract specifies the correct insurance requirements; and the vendor (through the department) provides the correct COI. Beginning January 30, 2019, for construction contracts, when COls are sent to Risk Management for approval, Risk Management also began requiring the procuring department to provide a full copy of the contract and an entire copy of the vendor's Builder's Risk policy together with the COI. If the COI is not correct, or if it does not arrive with a copy of the contract and a full copy of the Builder's Risk policy, Risk Management returns the COI to the requesting department with a notice of the additional information required. This new step was communicated to departments in the form of an e-mail. Risk Management is also in the process of issuing a separate Administrative Instruction that will be distributed to All Users conveying the same information. -2 - Also, effective April 15, 2019, on the recommendation of the County's insurance consultant (Mr. Sid Webber from Interisk), Risk Management will require vendors to name the County as an Insured (not Additional Insured) as well as Loss Payee on projects for which Builder's Risk insurance is required. This will also be communicated to all County departments through the Administrative Instruction. Risk Management will also be revising the RMMP to conform with this change. Thank you for the opportunity to respond to the Draft Audit Report. Very truly yours, )$,-� S, �,,J- Maria L. Slavik, CPM Risk Administrator Cc: R. Gastesi, County Administrator R. Shillinger, County Attorney S. Webber, lnterisk C. Hall, Assistant County Attorney - 3 - AUDITEE RESPONSE BURKE CONSTRUCTION GROUP, INC.'S LEGAL REPRESENTATIVE'S RESPONSE Burke Construction Group, Inc. ' s Response to Draft Audit Report Background: This firm, on behalf of Burke Construction Group, Inc. is herein responding to the "Draft Audit Report" signed by Sandra L. Mathena on March 25, 2019. This firm contacted Ms. Mathena after receiving the March 25, 2019 report, and Ms. Mathena agreed that a response was timely if provided on or before April 22, 2019. Draft Audit Report The Draft Audit Report contains 14 pages of narrative. The narrative contains: a. Table of Contents b. Summary c. Background d. Objectives e. Methodology f. Audit Conclusions g. Observations and Recommendations The Draft Audit Report contains Exhibits A— M. DADELAND CENTRE 11-9150 SOUTII DADELAND BOULEVARD,surrE 902,MIAMI, FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.elderfeivis.com Response The Draft Audit Report appears to make two recurring points. First, the Draft Audit Report comments repeatedly that the Builder's Risk Policy proceeds may not comport with the cost of repairs incurred by Burke Construction Group in restoring the site. Second, the Draft Audit Report states that BCG was not adequately responsive to the "Audit" request. The recurring references to insurance proceeds as compared to the cost of repairs and replacement appears to be the main thrust of this Draft Audit Report. Here are but some of the examples: • There were material discrepancies between what Burke reported to its insurance company and what Burke reported to County personnel regarding the cost involved in remedying the damage caused to the Bernstein Park Redevelopment Project by Hurricane Irma. • Internal Audit was unable to confirm the cost of hurricane-related repair work at Bernstein Park. The terms of the contract between the County and Burke required Burke to name Monroe County as the loss payee as well as an additional insured. As a loss payee, Monroe County would be entitled to be included in all insurance claim adjustments and settlement. Because the project was not completed when Hurricane Irma hit, Burke and its subcontractors were responsible for completing any repairs and replacement resulting from hurricane-related damage. Objective (I)To obtain assurance that the repairs needed at Bernstein Park due to Hurricane Irma were completed; 2 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.elderlewis.com (2)To ensure the amounts expended by Burke matched the insurance proceeds received; and... Table I — "Hurricane Repairs Burke Reported to the County Versus Burke's Insurance Claim" Table 2 — "Cost of Hurricane Repairs to Sports Field That Burke Reported to the County Versus Costs Reflected On Burke's Insurance Claim" Observation Project Management and Internal Audit were unable to confirm that the hurricane- related repair work at Bernstein Park was completed. Against this backdrop, the Draft Audit Report states this conclusion: The terms of the contract between the County and Burke required Burke to name Monroe County as the loss payee as well as an additional insured. As a loss payee, Monroe County would be entitled to be included in all insurance claim adjustments and settlement. Let's address this premise of entitlement at the outset and without ambiguity. Undisputed project facts undo this declaration of entitlement. Moreover, a full understanding of the purpose of a Builder's Risk Policy, both for the Contractor and the Owner, further undoes that declaration and it is this declaration that the draft audit is most interested in pursuing. Said another way, and striking at the heart of the matter, Monroe County is pursuing a way for Monroe County to seek a share in any savings BCG was able to achieve in performing repair/replacement work after Hurricane Irma. Here is the first unalterable fact: Monroe County abandoned its rights as a "Loss Payee" on the "Builder's Risk Policy." Monroe County Project Management refused to pay the cost of extending the Builder's Risk Policy. Quite simply, Project Management declined to pay the premium whether through an RCO or any other method. The issue becomes: how can Monroe County be a "Loss Payee" on 3 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 Egg LDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eiderleivis.coni a policy they refused to extend, asking only to be an "additional insured." (Exhibit A). In way of background, Burke Construction Group recognized the project time needed to be extended for reasons unrelated to Burke performance. Burke Construction Group further recognized the vital importance of extending the Builder's Risk Policy. Nonetheless, Project Management required BCG to purchase its own extension. In a fateful decision to keep the project moving while also insuring its ultimate completion in accordance with plans and specifications, and no additional cost to the County, Burke Construction Group purchased its own Builder's Risk extension, at its own cost. Project Management, on the other hand, threatened to stop work if BCG did not voluntarily purchase its own extension BCG exercise solution. As a result of BCG's unreimbursed payment of the premium the project was insured when Hurricane Irma struck in September 2017. The Draft Audit Report states at one point: Nor did they request any change orders for the Hurricane Irma damage repair work. The reason no change orders were requested was a direct result of Burke Construction Group's decision to obtain the Builder's Risk Policy. Without the extension, the site would not have been protected by insurance funds and Burke Construction Group would have had no choice but to submit RCO's to Monroe County. More importantly, Monroe County would have been liable for all those substantial costs. The intrinsic reality is that the Draft Audit Report states that at the time of Hurricane Irma Monroe County was a "loss payee." The Audit Report fails to acknowledge project management's failure to approve or otherwise pay for a Builder's Risk extension. Only after Hurricane Irma struck and after the insurance funds were provided to make the project repairs to restore the project to plans and specifications did Project Management recognize the importance of an uninterrupted Builder's Risk Policy. In fact, after the repairs and due to the loss of time arising from hurricane damage, Monroe County told BCG not to incur again the cost of an extension premium. Monroe County would incur that cost on its 4 9150 SOUTH DADELAND BOULEVARD,surrE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eideriewis.com own (Exhibit B). This time project management obtained its own extension, while acknowledging the prior policy had been the property of Burke Construction Group. Project Management stated: The county will be taking over builders risk coverage at Bernstein park as of 12:00 am tomorrow morning. Burke will not be required to extend their builders risk coverage past 10-6-17. (emailed dated October 5, 2017) Monroe County also, on July 5, 2017, asked only to be an "Additional Insured." (Exhibit A.) Having addressed the facts surrounding the Builder's Risk Policy extension, this response would be incomplete if it did not also address the conclusion in the Draft Audit Report that owner as loss payee is entitled to "adjustments" in a Builder's Risk payment. What the owner is entitled to is simply this benefit: having the site restored to the plan and specifications requirements of the contract. The facts evolving from this project record reveal indisputably that the project, with the use of insurance funds, was indeed restored to the contract requirements. In fact, the project far exceeded what was required in the contract. The evidence is overwhelming. The County issued a Certificate of Substantial Completion. The Certificate of Substantial Completion states: The Work performed under this Contract has been reviewed and found, to the Project Managers best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its indeed use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as July 06 2018. It was dated 10/18/18. 5 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.cideriewis.coni The Certificate of Substantial completion was signed and issued (Exhibit Q. Article 9.10 Final Completion and Final Payment states: ...When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable... (Exhibit D) Final payment was made on the basis of project management's observations and inspection. Retainage was paid in full; an RCO time extension was granted. A grand opening was held despite these realities. At page 11 of the Audit, the Audit erroneously declares: Project Management and Internal Audit were unable to confirm that the hurricane-related repair work at Bernstein Park was completed. (Exhibit E) The inverse of that statement is true. Project Management certified substantial completion; Project Management made final payment. Project Management based both substantial and final completion on "observations and inspections." Project Management celebrated its completion. Stated succinctly, the requirements of substantial completion and final completion inclusive of all inspection and observations, were indisputably met. As stated previously, not only did BCG meet the contract requirements, they far exceeded them. The Audit's recurrent suggestion that Monroe County is entitled to more than the planned project it certified and approved is simply a misunderstanding of insurance coverage. A Builder's Risk Policy is issued to assure the owner that the property will be restored to the requirements of the contract plans and specifications, at no cost to the owner. Once having satisfied that single premise, there is no other benefit to an owner. In light of the fact that the certificate of substantial completion has been issued, in light of the fact that "Final Completion and Final Payment" have been achieved, there is no question that Monroe County 6 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eideriewis.com has to the best of its contract "knowledge, information and belief and on the basis of its observations and inspections," determined "that the work has been completed in accordance with the terms and conditions of the contract documents..." Had the insurer funds not been sufficient to bring the site to a condition in accordance with the terms and conditions, Monroe County may have raised the issue of loss payee, (had it not been abandoned) but in light of the clear acceptance of the project and even the celebration of it, Monroe County's effort to share in savings is without merit. Although this issue could be closed at this time, BCG feels compelled to add that while it has not received any warranty claims to this point, BCG is very concerned about the maintenance and care of the sports fields at Bernstein Park. Continued observations of the sports fields by BCG personnel in the Key West area, have heightened concerns that Monroe County is not performing the ordinary maintenance and care necessary to preserve the aesthetic quality as well as the functionality of these fields. While BCG maintained the project for an additional nine (9) months, at no cost to the County, should the County continue inadequate maintenance, problems may arise. BCG also is compelled to remind Monroe County that the fill in the sport fields was obtained from Monroe County at the complete direction of Monroe County. The County sought to save contract monies by directing BCG to utilize fill from the stockpile fill of Monroe County at Rockland Key (Exhibit F). At the time the County chose to furnish its own fill to BCG,' the County contemporaneously requested BCG to provide a credit to Monroe County, arising fi-om BCG's no longer having to purchase fill from a third party. The County initially demanded a credit in the amount of $43.00 per cubic yard based on alternatives for additional fill in the bid (Exhibit G). BCG argued the preposterous amount of this demand, for the reason that the amount was based not only on the cost of fill, but for the shipping from a supplier outside Monroe County. (Exhibit H). The price also included placement and compacting. In the end the County prevailed on having its own stockpiled fill used, applying a credit of $13.00 per cubic yard, and therein successfully enjoying a savings in hundreds of thousands of dollars by utilizing Rockland Key stockpiled fill which 7 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FI,33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: wivw.elderleivis.com was not in any sense the industry standard for clean fill. It was in fact highway fill and the County knew that fact and insisted upon its use'. 11 The second thrust of the Draft Audit Report questions BGC's cooperation. BCE's response rests on three supporting columns. First, the audit from the outset was premised on a wrongful motive. Second, the audit expanded far beyond the limited rights stated in the contract. Third, BCG did respond to the Public Records Request with an objection, while also providing documents reflecting the hurricane damage requiring repair and replacement. As a voluntary act BCG furnished (Exhibit 1) to counsel for Monroe County. (Exhibit I is the Draft Audit Report Exhibit "A".) Exhibit I reflects the work contemplated to restore the project to the contract plans and specifications. However, the totality of the Public Records Request was objected to by counsel for BCG. (Exhibit J). These objections were never addressed by Monroe County or its counsel. Following the stated objections to the Public Records Request, an audit request was made. The Audit clause states: 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party Curiously, based on project discussions, the County also may have pursued grant monies from FEMA for the purchase of fill. If in fact the County received monies from FEMA or any other government department for the purchase of clean fill, that grant may have been in addition to the savings Monroe County enjoyed by utilizing its own fill and negotiating an inflated credit from BCG. 8 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.elderlewis.com to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. (Exhibit K) n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor... The contract clause for the audit was disregarded. Instead, the audit spiraled into a discovery request. Subcontractor after subcontractor was contacted. Subcontractors were questioned about documents and costs and invoices as if they themselves had a contract with Monroe County. Comb through the contract, focus on the audit clause, and nowhere is there a contractual right or entitlement for Monroe County to seek records from subcontractors as part of an audit. The action to seek invoices, purchase orders, contracts and other project documents from non- contracting parties under the premise of some kind of an authorized audit constituted a violation of that audit provision and a breach of the agreement. The letters dated December 19, 2018 and January 3, 2019 (Exhibit L) both ask for the contract or Florida law that supports such a probing of third parties. Nowhere in those letters is a final conclusion reached. The letters are drafted as an inquiry as to where the sources of these investigatory actions are originating. There was no response to those letters with regard to a legal or contractual right to invade the records of third parties and explore their records in an ever widening investigation. Apart from violating the audit provision by contacting non-contracting parties, the auditor also requested that BCG should have a representative and personnel available for interviews. The letter of October 11, 2018 states: ...The audit scope and procedures will be determined after interviews with management and other appropriate personnel. (Exhibit M.) Again, the contract provision for an audit 9 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FI,331-56 D ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.elderlewis.coni does not allow for such questioning. Again, no auditor has provided any legal authority of such questioning. Finally, it cannot be understated that Monroe County has no intrinsic right to the documents it seeks.' Monroe County's rights as an additional insured are to have the project restored. The Certificate of Substantial Completion, the Final Payment having been made in accordance with 9.10, the grand opening of the project, all operate as bedrock evidence that BCG utilized the Builder's Risk insurance funds to restore and complete its obligations to Monroe County, without even one additional dollar of Monroe County being incurred. Conclusion The Draft Audit Report in the following paragraph acknowledges the failings of Monroe County: e We recommend that a stronger and clearer audit provision be included in future county contracts so contractors fully understand the Clerk's right to audit their records. (Exhibit N) Recommendation • We recommend that Project Management and other County employees receive training on insurance requirements to ensure that bid proposals and contracts include properly completed insurance-related documents. • We recommend that Risk Management obtain completed certified builder's risk policies for all the County's construction projects. (Exhibit 0) Taken collectively, the Draft Audit Report recognizes the oversights of Risk Management, as well as the infirmities of the contract itself. The report does not, however, address other frailties of Project Management: e The failure of project management to pay for the Builder's Risk Policy extension; 10 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eiderlewis.com • The fact that BCG saved Monroe County from a financial disaster by providing Builder's Risk the extension at its own cost; • The fact that Monroe County signed a Certificate of Substantial Completion which stated: The Work performed under this Contract has been reviewed and found, to the Project Managers best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its indeed use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as July 06 2018. It was dated 10/18/18 and signed by Cary Knight. (Exhibit P) The fact that Monroe County made final payment to BCG in conformance with 9.10 of the contract which states: ...When Project Management, finds the Work acceptable under the Contract Documents and the Contract fully performed, Project Management will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable...(Exhibit Q) The fact that Monroe County accepted the project in full conformance with plans and specifications, without paying a dollar more as a result of Hurricane Irma damage; The fact that Monroe County has never produced any legal authority that it is entitled to anything more than the completed project itself; 11 9150 SOUTH DADELAND BOULEVARD,SUITE 902, MIAMI,FL 33156 ELDER & LEWIS, Pi MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WE13SITE: www.elderlewis.coin • The fact that BCG was ordered to use County stockpiled unclean fill and was compelled to provide Monroe County with an inflated credit that may have been a windfall if Monroe County received FEMA funds for the same fill; • The fact that the grand opening celebration occurred on August 15, 2018. By that time the Public Records Request had been made, (February 27, 2018) letter of objection received dated April 26, 2018 and discussions had occurred regarding Builder's Risk coverage. To suggest that at the time of the Grand Opening no one knew of the issues related to "Loss Payee" and insurance proceeds is disingenuous. In these circumstances, rather than applaud BCG for its efforts and recognize BCG for saving the County from a financial disaster, the draft audit recommended consideration of suspension and an assessment of $17,349.26 in electrical bills. (Exhibit R) In response to this recommendation, BCG cannot overlook the reality that on two unrelated projects, while BCG was the low dollar bidder other contractors were recommended, by an unreasonable ranking and irresponsible and arbitrary scoring. Accordingly, a lawsuit was filed on March 20, 2019 by BCG for injunctive relief against the County. Five days later, BCG received this draft audit recommending suspension. BCG cannot overlook as well that on March 21, 2019, just four days prior to the Draft Audit Report, counsel for Monroe County represented to the Board of Commissioners that from that point forward, BCG would always have to check the box representing litigation with Monroe County as "yes." Like the unveiled threat of ceasing to use BCG stemming from the mere commencing of litigation, the recommendation of the Draft Audit Report to consider suspension of BCG on these facts amounts again to regrettable retaliatory action. In the end, when the story is told, in a forum of objectivity and fairness, and the specter of retaliation has been confronted and blunted, BCG professionalism will rise, not because of advocacy, but because of truth. Finally, if Monroe County does in fact opt to pursue reimbursement of electrical costs, BCG will have no choice but to pursue reimbursement for payment of water bills in excess of $50,000. While the audit does not address or even allude to 12 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.cideriewis.com BCG's payment of water bills, the truth is that BCG paid those bills even though Monroe County had represented to BCG that water could be obtained from reclaimed areas. That representation was never fulfilled. Furthermore, the Draft Audit Report averts the indifference, lack of involvement, and protracted lack of concern for any damages, insurance claims, or any other hurricane related issues for nearly five (5) months. Project Management simply recognized BCG's good faith efforts to bring the project back to contract requirements. In sum, BCG disputes the recommendations of this Draft Audit Report. The recommendations are premised on omissions of fact, as well as a misunderstanding of the benefits afforded an Owner by Builder's Risk Policies. Remarkably, the Draft Audit Report avoids the unalterable conclusion that Monroe County's Project Management performed the inspections and daily oversight necessary to sign off on both substantial completion and final payment, following the ravages of Hurricane Irma. The fact that BCG saved the project from financial embarrassment simply goes unnoticed and unappreciated. Dated this 22'd of April 2019. By: a id k4lder, Esq. cc: Burke Construction Group 13 9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.elderlewis.com E xhibit A 2014 MEMBER B. As EM VORI ffi AS CERTIFIED FIELD BUILDER N _qTAFF AMERICAN Iffe,mbe r of MEMBERPS BUILDERS `° � �INTION x 41` FINANCIAL PA From: Mytnik-Ann<Mytnik-AnnCc-DMonroeCounty FL.Oov> Sent:Wednesday,July 05, 2017 8:05 AM To: David Martinez<dmartinez(@bcgconstruction.net> Cc: Knight-Cary<Knight-Carv(@MonroeCounty-FL.Gov>;Yongue-Johnnie<Yongue-Johnnie MonroeCounty-FL.Gov> Subject: Bernstein Park-Builders Risk Hi David, Our records indicate that Burke Constructions's Builders Risk expires tomorrow,July 6t"2017,for the Bernstein Park project. Please have your insurance agent pdf us a current certificate listing the Monroe County Board of County Commissioners as additionally insured. Thanks. Ann M.Mytnik Monroe County Project Management 1100 Simonton Street Rni 2-216 Key West,FL 33040 Phone: 305-292-4439 Fax: 305-292-4321 2 h x hibit B r,un';*xmmmuowel/u Date: March 6, 2018at4:3739 PM EST To: David Martinez Subject: Fvvd: Bernstein park insurance Sent from nnyiPhone Begin forwarded message: From: Darren Whiteside Date:October 6, 2017 at 1:23:31 PM EDT To:"Anthony J, Burke" ,Armando Si|veira < , Brad Moretti Daniel Andrews < >, David Martinez >, LoanaDe|vi|iar , MarkParei|o Cc: K4arkPane|io Subject:FVV: Bernstein park insurance From:Yongue-Johnnie [ Sent:Thursday, October 5, 20171:48PW1 To:Armando Si|veira > Cc: Darren Whiteside >;S|avik-K4aria f]=Gov>; Greg Ga|noin< >; K4ytnik,4nnx FLGov>; Knight-Cary >; Sanders-Ray< » Subject: Bernstein park insurance Armando, The county will be taking over builders risk coverage at Bernstein park as of 12:00am tomorrow morning. Burke will not be required to extend their builders risk coverage past 10-6-17. Many thanks for your patience ]ohnnieYongue 1 ' ` - . Exhibit C Redevelopment of Bernstein Park CMTIFICATE OF SUBSTANTIAL COWLETION PROJECT, CONTRACT FOR- Redevelopment of Bernstein Park (Name and address) CONTRACT DATE: April 20,2016 Redevelopment of Bernstein Park 6751 5th Street FL 33040 T TO CONTRACTOR, (Name and address) (Narne and address) Monroe County Board of County Commissioners Burke Construction Group,Inc. 500 Whitehead Street 10 145 NW 19th Street Doral,FL 33172 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Project Managers best knowledge, information and belief,to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereofdesignated above is hereby established as July 06 2018 which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: A list of items to be completed or correcte is attached hereto. The failure to Include any items on such list does not alter the responsibility of the Contractor to plete,all Work in accordance with the Contract Documents. n rc) �C- hereto-within the above date of INSPEMR y 11 5AM1— (if Used) The Contractor will complete or correct the or on the list of it Substantial CD1Q letio Armando Silveirs 5/23/18 WN-TRACTOR BY DATE The Owner accegts the Work or des gnated portion thereof as substantially complete and will assurno full possession thereof at 0 :OOPm -(trne),OR July 06,2018 f V/ -11 &4 J"P halla, bwrlwv I & By DAW---&-�-- The responsibilities of the Owner and the Contractor for security,maintenarim heat,utilities,damage to the Work and insurance shall be as follows., Note-Owners mui Contractors legal and insurance counsel should determine and review insurance requirements and cave?age. APPLICATION FOR PAYMENT 01027-Page 140 Cf 240 Exhibit D t� •-:. -;�' A :art c' y: •� -} }' }." } t { ":. r ��; ha s :.'�• E .;.hh{ }.::. a �...:, :: i } • } } :: } t ... :�} : . i.: f }}'. } k a !} } } ♦. #� } } E « { # . { t{ } Exhib it E Recommendation w K4ODnoe County Board of County Commissioners should consider suspension procedures for Burke Construction Group, Inc. on future projects. 0 We recommend that Burke be compelled to provide Monroe County this information. Monroe County Proiect Management Response Monroe County Attorney Response Burke Construction Group, Inc. Response C. Unable to Confirm the Cost of Bernstein Park's Hurricane Related Repair Work Observation Project Management and Internal Audit were unable to confirm that the hurricane-related repair work at Bernstein Park was completed. Based upon the information provided, Internal Audit suspects that the actual work completed cost substantially less than the$l.5 million Burke reported to the County. Using Burke's documentation, Internal Audit was able to identify seventeen of Burke's subcontractors related to the Bernstein Park Redevelopment Project. Breakdown of the l7 subcontractors responses are asfollows: 0 50f the 17 did not do any work nn Bernstein Park;they only provided a bid proposal. e 4ofthe 17 did original work but no repair/hurricane damage work. 0 4 of 17 Burke directed them not to share invoices with the Internal Auditors. 0 Zof the 17 Internal Audit received documentation for repair work. w 2of the 17 were unknown. Some of the subcontractors indicated that they had to contact Burke for permission to give us the information. Internal Audit received no information after these subcontractors contacted Burke. While Internal Audit was requesting information from the subcontractors,the County Attorney's Office received a cease and desist letter from David Elder (Burke's Legal Advisor). Refer to Exhibit H — Burke's Legal Advisor's Letter to County Atormey'sOffime. '\__/ 111 Bernstein Park Project -Burke Construction Group, Inc. K4aoh2O19 Exhibit F From: Yongue-Johnnie <Yonf-yue-J ohniiie(c't,,,Mon:rocCouiity-FL.Gov> Date: August 12, 2016 at 3:30:41 PM EDT To: 'David Martinez' <dtnartinez,�(-i),be�TconstrLiction.net> Cc: Mario Martinez<inniartinez(&-,bct-ycojistruction.net>, bill roberts <broberts bbcgcoiistruction.net>, Sposito- Doug<st)osito-douaoajmoiiroecoqnlylfl.,.�;ov>, Rivera-Chris <Rivera-Chris(a,,MonroeCo unty-FL.Gov> Subject: RE: Bernstein Park Credit Change Order for Stockpiled Fill David, Consider this attached letter to serve as the change order directive for Burke Construction to proceed with the work described in the agreed upon change order request that is attached. Upon completion of the work described in the change order request, the final change order will be approved and signed following the establishment of the final credit agreed upon by both the County and Burke Construction. Thanks, Johnnie Yongue Project Manager Monroe County Public Works &Engineering Division Project Management Department Office: (305)292-4429 Cell: (305)504-4148 Y om4ue-Johnni eraMonroeCountv-Fl.Gov -----Original Message----- From: David Martinez [mailto:dmartinezr(t-),bct),constructionnet] Sent: Friday, August 12, 2016 9:52 AM To: Yongue-Johnnie Cc: Mario Martinez;bill roberts Subject: CO for fill Johnnie: Hope all is well. Do we have a fully executed CO for the fill? Please let me know. Thanks Please Excuse any misspellings - Sent from my iPhone 2 BOARD OF COLMY C014 _MISStONERS Mayor Heather Carruthers,District 3 Uounty of Monroe Mayor Pro George Neugent,District Z The Flonda Keys Danny Kolhage,District I David Rice,District 4 Sylvia J.Murphy,District 5 David W. Martinez, CPA Partner/Chief Financial Officer Corporate Headquarters: 10145 NW 19th St. Doral, FL 33172 (305)468-6604 Ext. 17 (305)468-6654 Fax www.burkeconstrucftonarouD.com August 12th, 2016 RE: Bernstein Park Redevelopment Credit Change Order for Stockpiled Fill David, Consider this letter to serve as the change order directive for Burke Construction to proceed with the work described in the agreed upon change order request that is attached. Upon completion of the work described in the change order request, the final change order will be approved and signed following the establishment of the final credit agreed upon by both the County and Burke Construction. any Than s, Jo nni Yon u ect na Monroe Coun Office: (305)292- Cell: (305)504-4148 Fax; (305)295-4321 Yong ue-Johnnie@MonroeCounty-Fl.Gov cc. D. Sposito, C. Rivera, M. Martinez, B. Roberts. CHANGE OWNER ORDER ARCHITECT CONTRACTOR K FIELD a BURKE AIADocunienr G710 SUBCONTRACTOR Construction Group Inc. PROJECT: Redevelopment of Bernstein Park CHANGE ORDER NUMBER: of Stock island,Florida DATE: 7/18/2016 CONTRACTOR PROJECT#: 1611 CONTRACTOR: Burke Construction Group,Inc. 10145 NW 19th Street Doral,Florida 33172 The Contract is changed as follows: Credit for County Stockpiled till is$13.00 per CY. BCG will utilize equipment such as excavators,dozers and backhoes to remove and dispose of any unsuitable materials and materials unacceptable in size from stockpiled materials in Rockland Key in accordance with the approved Fill Submittal#1611-003 by the engineer of record.The fill materials are to be imported for the field use and is not for structural fill as defined under Spec.02300. Should there be additional stockpile materials available beyond the fields,the Contractor will exhaust all efforts to utilze the fill materials in other areas of the project in an effort to deplete the stockpile materials. All fill will be loaded,delivered and placed at the jobsite by BCG. County and BCG employees will use truck delivery tickets(16 cyds per load)to account for CY usage and credit applied accordingly @$13.00 per CY for all County fill used at jobsite. Any addtional fill required for the project in excess of the County stockpiled materials will be provided by the Contractor as part of the base bid and according to approved submittals#1611-003.At the present time we estimate that the stockpile will yield approximately 12,000 CY. We included in our base bid an estimate of 14,000 CY for the fields only. The Parties reserve all legal,contractual rights and defenses,with regard to compenstison for delay Subtotal-- -- $0.00 Contractor Fee-10% $ Contractor OH-2.5% $ GL Insurance 1% $ - Total $0.00 Not valid until signed by the Owner and Contractor. The original(Contract Sum) )was......................--..... ...- $ 7,921,975.00 . .. ....... Net change by previously authorized Change Orders.................................................................. $ The(Contract Sum)(6uararrteed Maxirrrtrm irrise)prior to this Change Order was....................... $ 7,921,975.00 The(Contract Sum)(Guarani nvm-Fade)will be(increased)(decreased) (unchanged)by this Change Order in the amount of............................................................. $ The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order will be......,... $ 7,921,975.00 The Contract Time vAli be(increased)(desreased)-(unehanged)by (21 days) The date of Substantial Completion as of the date of this Change Order therefore is TBD Master Permit Issue Date:fl{}lfl010000 Contract Base Days: 330 Added Time Above: Reservations:This proposal is based solely on the usual cost elements such as labor material and normal markups,and does not include any amount for additional changes in the sequence of work,delays,disruptions,rescheduling,lost productivity,extended or unabsorbed overhead, overtime,acceleration and or impact costs,unless specifically stated.The right is expressly reserved to amend and make claim for any and all of these related items prior to final settlement of this contract Burke Construction Group,Inc. Monroe County Board of County Commissioner ARCHITECT CONTRACTOR OWNER 10145 NW 19th St. 500 Whithead Street Address Address Address Dotal,FL 3317g I A Key West,FL 33040 BY BY BY Architect u ar Authorized Signature DATE TE DATE 1 ,011 BURKE It #02-10-3.0 Construction Group Inc. - - Soil tests Burke Construction Group,Inc. Project:1611-Bernstein Park 10145 N.W.19th Street 6751 5th Street Doral,Florida 33172 Stock Island,Florida 33040 Phone:(305)46B-6604 Fax:(305)468-6654 Submittal 11- Non-structural fill- used underplaying fief SPEC SECTION: 02-10-Soil tests CREATED BY: Bill W Roberts(Burke Construction Group,Inc.) STATUS: Open DATE CREATED: 05/23/2016 ISSUE DATE: 05/23/2016 REVISION: 0 RESPONSIBLE Burke Construction Group,Inc. RECEIVED FROM: Brad Moretti CONTRACTOR: RECEIVED DATE: 05/23/2016 SUBMIT BY: 05/27/2016 FINAL DUE DATE: // LOCATION: Project#1611 Berstein Park TYPE: COST CODE: 02-10-SOIL TESTS APPROVERS BALL IN COURT: Bill W Roberts(Burke Construction Group,Inc.) DISTRIBUTION: DESCRIPTION: Submittal#1611-003 Non-structural fill-used underplaying field. ATTACHMENTS: p; �tatloat_ trrtstr�x�trt per,�n�srzd,5 21 ;pd( SUBMITTAL WORKFLOW Perez Engineering and Development, Inc. 1 E010 here€tedy Dtive,Suite 201 •1{ey°1^Jr;st.FL 31040 PFG)rsct l^lame and Plurriber, Bernstein Park "rµ nsrn(ttal fits. SPEC REF _ x)REVIEWED d _ 1 ECIEVG0, 7/13/16 )REVIE VED AS RIOTED 'ro AJE ..7t��6 I )RE`riEVVEC Alt D RE SE.eVII'T PROM AiE - .N The purpose or tnis subin;ttal r6mew is sulssy to ascertain general cuntorrrianc; .itr the contract documents and is not to be t:onsirired as acceptance of responsst7iRV for design or intent Approval of this suumittai does not relieve the ?ontra+:tor or vcntlor of rkrintrastual re�sponsimities for quantities, dimensions nor rontormancr, vAth the contract ooc'uments. €teri5 noted as"by others°will be provided only as sir+z,an on Me contract docuinants RE','dEV,,?FD 6`r` Allen E Peru PE. t7ATE w_w 7/13/16 BY DATE COPIES TO Burke Construction Group,Inc. Page 1 of 1 Printed On:05/23/2016 04:33 PM GRAIN SIZE DISTRIBUTION TEST DATA 5/4/2016 Client:BURKE CONSTRUCTION Project:Bernstein Park Location:Stockpile Sample dumber:5-3-16 Material Description:Non Structural LimeRock and Lime Sand Sample Date:5-3-16 Date Received:5-3-16 PL:NP LL:NV USCS Classification:SP AASHTO Classification:A-1-b Testing Remarks:None Tested By:JCO Test Date:5-3-16 Checked By: WLM Title:Lab Supervisor Dry Cumulative Cumulative Sample Pan Sieve Weight and Tare Tare Tare Weight Opening Retained Percent (grams) (grams) (grams) Size (grams) Retard 38250.00 0.00 0.00 3-1/2" 6810.00 17.8 3" 13970.00 36.3 2-1/2" 16435.00 43.0 2" 19020.00 47.1 1-1/2" 18520.00 48.4 1" 20.00 0.1 314" 115.00 0.3 1/2" 465.00 1.2 3/8" 1015,00 2.7 #4 5800.00 15.2 508.90 0.00 0.00 #10 72.00 27.2 #20 146.10 39.5 #40 318.60 68.3 #60 426.60 86.3 #80 459.60 91.8 #140 494.90 97.7 #200 504.70 99.3 Cobbles Gravel Sand _ Fines Coarse Fine Total Silt Clay Total 32.0 72.1 0.7 D10 D15 D20 D30 D60 D60 D80 D86 D90 D96 0.2042 0.2637 0.3129 0A080 0.6413 j 0.8368 3.5978 Fineness Modulus Cu Cc 3.89 4.10 0.97 Concrete Analysis&Testing Laboratories,Inc 2014 MEMBER From:Yongue-Johnnie I'mailto:Yon ue-Johnnie@MonroeCounty-FL.Cov] Sent: Friday,August 05, 201611:12 AM To: David Martinez<dmartinez@bcconstruction.net> Cc:Ambrosio-Chris<Ambrosio-Chris@MonroeCouiity-FL.Gov>;Sposito-Doug<s osito-doup;C@r onroecounty-fl. ov>; bill roberts<broberts bcgconstruction.net>; Brad Moretti<brad@bc construction.net> Subject: RE:Credit CO for Stockpiled fill Thank You David, I will draft NTP in considering the 10 days for advertising park closure, please let me know if the following days work for you. Notice to Proceed issued 8-5-16 Advertise Park Closure 8-8-16 Notice to proceed effective 8-18-16 Park Closed 8-18-16 Mobilization 8-18-16 Substantial Completion 7-14-17 Final Completion 8-14-17 Thanks, Johnnie Yongue Project Manager Monroe County Public Works& Engineering Division Project Management Department Office: (305)292-4429 Cell: (305)504-4148 Yongue-Johnnie@MonroeCounty-Fl.Gov From: David Martinez [mailto:dmartinezCcbbc construction.net] Sent: Friday, August 05, 2016 10:41 AM To: Yongue-Johnnie Cc: Shillinger-Bob; Ambrosio-Chris; Sposito-Doug; bill roberts; Brad Moretti Subject: RE: Credit CO for Stockpiled fill Johnnie: See attached revised Co for the Stockpiled Fill referencing the appropriate approved submittal. Hopefully,this will finally put this to rest and we can move forward. I sincerely hope that the County acknowledges and realizes that we have bent over backwards at our own expense to assist you in resolving this. 4 Mi regcwdk, D W. , CPA Partner/Ohief Financial Officer (305)986-0158 cell BUR K E Constructiorl Group Inc, Corporate Headquarters: 5 NW t 5th St. moral, FL. 3372 Monroe County Office: 3210 Flaler Ave. Key West, FL. 3304 35)4.68-6604 Ft. 17 305)4.66-6654 Fax www.burkeconstructigagrgEp.com no - 'C 2014 MEMBER From:Yongue-Johnnie f mailto:`longue-Johnnie@MonroeCounty-FL. ov] Sent: Friday,August 05, 201610:19 AM To: David Martinez<drnartinez(@bcgconstruction.net> Cc:Shillinger-Bab<Shillinger-Bob@MonroeCounty-FL.Gov>;Ambrosio-Chris<Ar brosio-Chris@MonroeCeunty-FL.Gov>; Sposito-Doug<si)osito-dou monroecounty-fl.gov>; bill roberts<broberts@bcgconstruction.net>; Brad Moretti <brac41,0bcgconstruction.net> Subject: RE:Credit CO for Stockpiled fill David, If you are referring to the attached approved non-structural fill that was accepted in response to the RFI,please reference it specifically. Thanks Again, Johnnie Yongue Project Manager Monroe County Public Works&. Engineering Division Project Management Department Office: (305)292-4429 Cell: (305)504-4148 Yongue-Johnnie@MonroeCounty-FI.Gov 5 From: David Martinez [mailto:dmartinez@bcyconstructiononet] Sent: Friday, August 05, 2016 9:59 AM To: Yongue-Johnnie Cc: Shillinger-Bob; Ambrosio-Chris; Sposito-Doug; bill roberts; Brad Moretti Subject: Re: Credit CO for Stockpiled fill Not that I am aware of.This CO only deals with the fill and that is all I am referring to. Basically the submittal corrected the error in the specs for the field fill only. Please Excuse any misspellings- Sent from my iPhone On Aug 5,2016, at 9:57 AM,Yongue-Johnnie<Yongue-Johnnie onroeCaunty-Ft.Cov>wrote: David, Which approved submittals are you referring to in the attached,was there something beyond the soil specs? Thanks, Johnnie Yongue Project Manager Monroe County Public Works& Engineering Division Project Management Department Office: (305)292-4429 Cell: (305)504-4148 Yongue-Johnnie(@MonroeCounty-FI.Cov From: David Martinez [mailto:dmartinezCabcoconstruction.net] Sent: Friday, August 05, 2016 9:45 AM To: Yongue-Johnnie Cc: Shillinger-Bob; Ambrosio-Chris; Sposito-Doug; bill roberts; Brad Moretti Subject: RE: Credit CO for Stockpiled fill Johnnie: Attached is hopefully the final revised CO for the stockpiled fill_ I have included the changes that you requested. 7 " reWwd4s Dwvt&W. , CPA Partner/Chief Financial Officer 05985-0 5B cell 1 ,091 B U R K E nstrucdon Group Inc. Corporate Headquarters: 6 10145 NW 19th St. oral, FIL 3317 Monroe County Office: 310 Hagler Ave. Key West, FL 33040 (305)46 -6604 Ext. 17 (305)466-664 Fax w .bur econst tuctiongrou .com2014 MEMBER @@ ma's u vm fl Ir .k >>: From:Yongue-Johnnie [mailto:Y€anRue-1ohnnie(c)MonroeCounty-FL.Cov] Sent:Wednesday,August 03,2016 4:05 PM To: David Martinez<dmartinezPbcp Cc:Shillinger-Bob<Shillinger-Bob MonroeCounty-FL.G >; Ambrosio-Chris<Ambrosio-Chris@MonroeCounty-FL.Gov>; Sposito-Doug<sposito-doug�?monroecounty-fl.gov>; bill roberts<broberts@ be construction.net>; Brad Moretti <brad C@ bcgconstruction.net> Subject: RE:Credit CO for Stockpiled fill David, l have included the revisions we are looking for in your verbiage below. Credit for County Stockpiled fill is$13.00 per Cubic Yard(CY).BCG will utilize equipment such as excavators,dozers and backhoes to remove and disposal of any unsuitable materials and materials unacceptable in size from stockpiled materials in Rockland Key in accordance with the approved Fill Submittal by engineer of record.The fill materials are to be imported for the field use and is not for structural fill as defined under Spec.02300.Should there be additional stockpile materials available beyond the fields,the Contractor will exhaust all efforts to utilize the fill materials in other areas of the project in an effort to deplete the stockpile materials.All fill will be loaded,delivered and placed at the jobsite by BCG.County and BCG employees will use truck delivery tickets(16 cyds per load)to account for CY usage and credit applied accordingly@$13.00 per CY for all County fill necessary to complete the project as designed.Any additional fill required for the project in excess of the County stockpiled materials will be provided by the Contractor as part of their base bid.At the present time we estimate that the stockpile will yield approximately 12,000 CY.We included in our base bid an estimate of 14,000 CY for the fields only. Thanks, Johnnie Yongue Project Manager Monroe County Public Works& Engineering Division Project Management Department Office: (305)292-4429 Cell: (305)504-4148 Yongue-Johnnie MonroeCounty-FI. Gov 7 From: David Martinez [ma i Ito:dnnartinez @bcgconst[uction.ne ] Sent: Wednesday, August 03, 2016 1:56 PM To: Yongue-Johnnie Cc: Shillinger-Bob; Ambrosio-Chris; Sposito-Doug; bill roberts; Brad Moretti Subject: Re: Credit CO for Stockpiled fill That's exactly what the change order says already. Not sure what you want me to revise. Please Excuse any misspellings- Sent from my iPhone On Aug 3, 2016, at 1:51 PM,Yongue-Johnnie<Yongue-Johnnie aMonroeCountNt-FL.Gov>wrote: David, Thank you for working with us as we try to resolve the issue. Please revise your CO to clearly state: 1. Burke construction will provide a credit of$13.00 per cubic yard for all suitable fill generated at the Rockland site necessary to complete the job as designed, 2. If the Rockland Key site fails to provide enough fill to complete the job as designed, Burke Construction will provide any remaining fill necessary to complete the job as designed as part of Burke construction's base bid. Thanks, Johnnie Yongue Project Manager Monroe County Public Works& Engineering Division Project Management Department Office: (305)292-4429 Cell: (305)504-4148 Yongue-Johnnie@MonroeCounty-FI.Gov From: David Martinez [mailto:dmartinez bcgconstruction.net] Sent: Monday, August 01, 2016 11:24 AM To: Yongue-Johnnie; Shillinger-Bob; Ambrosio-Chris Cc: Sposito-Doug; bill roberts; Brad Moretti Subject: RE: Credit CO for Stockpiled fill Johnnie: Please see attached letter for my reply. x6n&r " D W. Ma4tt4wlk, CPA Partner/Chief Financial Officer (305)9B6-0158 cell <image001.jpg> Corporate HeGdquorters: 10145 NW 19th St. 8 Doral, FL 33172 Monroe CountZ Office: 3210 FlagUer Ave. Key West, FL 33040 /305\468~6604 Ext. 17 (305)468~6654 Fax «irnage002.png> Fnmmn:Yungua-Johnnie Sent: Monday,August O1, 2O167:28AM To: David Martinez »;ShiUinQer-Bob >; Ambrosio-Chris Cc:Sposito-Doug »; bill nobeds Brad Moretti Subject: RE:Credit C[>for Stockpiled fill David, I wont be able to get approval for anything less than the$13.00/Cu.yd. credit for the use of the county fill; if that cannot be given tous please let rne know today. Thanks, ]ohnnieYongue Project Manager Monroe County Public Works& Engineering Division Project Management Department Ofhoe: /3O5\292'442y CeU: (3O5)5O4-4l4O From: David Martinez Sent: Friday, July 29, 2O169:O6Pq To: Yongua-]ohnnie| ShiUinger8ob; Ambrosio-Chris Cc: Sposibn-Doug; bill noberts; Brad Moretti Subject: RE: Credit CO for Stockpiled fill Johnnie: As per my previous email, I am attaching a revised CO#1 that reflects the proposed credit of$11.50 for the County's stockpiled fill.The bid documents as they were issued called for a base bid to include importing all fill with an alternate for using the County's stockpiled fill at$30 per CY and any additional fill required after depleting the stockpile would be charged at$43 per CY.This would be a much more expensive route for the County. Please let me know which route you want to take or if you just want to go with the base bid as submitted.Time is passing rapidly and the clock for the builders risk policy started already. |vxuu|d hate to have to extend that policy because it is very costly. Have a great weekend! 9 W. CPA Partner/Chief Financial Officer (305)986-0158 cell <irnageOO1 'pg» Corporate Headquarters: 10145 NW 19th St. Doral, FL 33172 Monroe Countv Office: 3210 Flagler Ave. Key West, FIL 33040 (305)468~6604 Ext. 17 /305>468-6654 Fax <irnage002.png> From: David Martinez Sent: Friday,July 29, 2O1G3:]1PK4 To: 'Ymngue-Johnnie' ;Shi||ingepBob fl=Glv>;Annbrosio-Chris Cc:Sposito-Doug ; bill roberts< >; Brad Moretti Subject: RE:Credit CU for Stockpiled fill Johnnie: You can't have it both ways. Please direct us to the place in any of the document including the bid documents,the addenclums or the contract where it is"plain reading"that we gave a unit price that was included in our base bid for the fill materials. |f you are assuming that we have a $30 per CY price based on using the County fill then why would we be providing you any credit? |f you are assuming that vve have$43 per CYin our base bid then why wouldn't webeentitled to a change order at that price for additional fill should the stockpile not be sufficient.The unit prices have absolutely nothing to do with the base bid values and they are clearly marked as"additional". Based on your logic,you're attempting to claim that we have$43 per CY in our base bid which amounts to$602,000 (14,000 x$43).That is completely false and it is abundantly clear in the schedule of values that we did not use anywhere near that amount.The unit price that was asked for is for"additional fill".Since we are responsible for bringing in all the fill,why would you request a unit price for"additional fill".What is the purpose of this unit price,if it will never be used on the project.You can't pick and choose how you want to interpret as it clearly says in all documents that the unit prices are for"additional fill",which means over and above the stockpile. I have attached the documents from your addendum and our contract for your convenience. I have been overly generous in my proposed credit.Alternatively we can give a total credit for the entire dollar amount that we included in our base bid for field fill and then charge$30 per CY to process the stockpile and then any additional fill needed over and above the stockpile would be charged at$43 per CY.That is clearly how the bid documents read and by my estimates that would amount to a very large additive change order to the county. 10 For the sake of getting this resolved, I would be willing to go to$11.50 per CY on the stockpile which again is coming out of my pocket for no reason other than to finally get this project off of the ground. 7C6n&regcwdle, *DaAi6d1W. Mart'melk, C-PA Partner/Chief Financial Officer (306)986-0158 cell <image001.jpg> Corporate Headquarters: 10145 NW 19th St. Dural, FL 33172 Monroe Counter Of 3210 Flagler Ave. Key West, FL 33040 (305)468-6604 Ext. 17 (305)468-6654 Fax www.burkeconstruc6gngmgp,corn <image002.png> From:Yongue-Johnnie [mailto:YongLie-Johnnie@MonroeCountv-FL.Gov] Sent: Friday,July 29, 2016 12:01 PM To: David Martinez<dmartin�e�c c�onstru�cdon.n�et>; Shillinger-Bob<Shillinge r-Bob @Mon roeCounIyIEL.Gov>; Ambrosio-Chris<Ambrosio-Chris@MonroeCognty±L.Gov> Cc:Sposito-Doug<sposito-doup,@monroecountv-I'I,gov>; bill roberts<broberts(@bcgconstruction.net>; Brad Moretti Subject: RE:Credit CO for Stockpiled fill David, , The Monroe County Attorney's office does not issue legal interpretations for private companies. But the plain reading of Burke's Unit price proposals#1 and #3 that Burke offered is$43/CY for additional engineered Fill/Subbase material and $30/CY for sifting/processing County provided fill.This is part of the contract documents.That provides a$13.00 credit. Not$10.50.There are no ambiguities in the credit amount when the county provides the fill. Please provide a revision to the change order that reflects the$13.00/cu.yd. difference between the two unit prices and maintains that Any additional fill required for the project in excess of the county stockpiled materials will be provided by the contractor as per plans and approved submittals. Thanks, Johnnie Yongue Project Manager Monroe County Public Works& Engineering Division The County's Legal Department has reviewed your change order and the bid documents for the Redevelopment of Bernstein Park and have instructed that the base bid and unit prices are clear in their meaning,and directed that the county receive the full$13.00/cu.yd. difference between the unit prices to process the County's fill stockpiled at Rockland Key and new fill to be used for the park. Given the requirement that other county personnel and departments must review and accept the change order. Please revise and resend the Change order to reflect the difference between the$3O.00/cu.yd. and$43.O0/ou.yd unit prices. Thank You, ]ohnnieYongue Project Manager Monroe County Public Works 6k Engineering Division Project Management Department OfDce: (3US)292-4429 CeU: (3O5)5O4-4148 From: David Martinez Sent:Tuesday, July Jh, 2O164:]6PM lo: Yonoue-3ohnnie Cc: Soosito-Omug; biUnoberts; Brad Moretti Subject: RE: Credit CO for Stockpiled fill Johnnie: Attached is the revised change order to include the estimated cubic yards. It is very possible that the stockpile will cover all of the fill necessary for the fields, however, itis still our responsibility to cover any additional fill that may be required. No change order for additional fill will be submitted unless for some reason the plans are incorrect. We do not anticipate that being the case. We really need to get the NTP so that we can get started.As I mentioned I have crews and equipment on standby but that is costing me time and money as we have 10 other fields that we are contracted to build. I had scheduled those crews to already be working at Bernstein starting last week so any more delays will cause me some scheduling and logistical problems.To that end, I would appreciate the credit change order being executed and an NTP issued. Like I had said in previous emails,we are absorbing about$4SK out of our pockets|n order togive this high of a credit to the County.Thanks and I look forward to getting started. X�� DaA/6d/W, M CPA Partner/Chief Financial Officer (305)986-0158 cell <innageUO1 'pg» Headquarters:Corporate 10145 NW 19th St. Doral" FIL 33172 Office:Monroe Countv 3210 FlagKerAve. Key West, FIL 33040 (305)468.6604 Ext. 17 13 Corgorate Headquarters: 10145 NW 19th St Doral' FIL 33172 Monroe County Office: 3210 Flag8er Ave. Key West' FIL 33040 (305)468~6604 Ext. 17 (305)468^6654 Fax <imnage002'png> Fmmrm:YnnQue-Johnnie Sent:Tuesday,July 25, 2O163:Q9PK; To: David Martinez > Cc:Sposito-Doug >; bill nnberts >; Brad Moretti Subject: RE: Credit CO for Stockpiled UU David, Can get you to include in the change order description the estimated total volume of material needed and anticipated volume of stockpiled material you are basing your estimated price on? Thanks, ]ohnnieYongue Project Manager Monroe County Public Works& Engineering Division Project Management Department (]fMce: (3Q5)29Z-4429 CeH: (3O5)5O4'414Q From: David Martinez Sent: Monday, July 18i2U16Z:S9PM lo: Yongue-]ohnn|e Subject: Credit CD for Stockpiled fill Johnnie: Please see attached request for change order related to the stockpiled fill at Rockland Key. I believe this is more than fair and helps the County get rid of the stockpile. Please let me know if this is acceptable so that we can move forward. Thanks XLn& 15 Exhibit G 33210 ler Ave.. ?fie;` West, F-L 33040 00 1 68-6 54 Fax www.bt rkeconstructs�� <image002.png> From:Yongue-Johnnie [r iaiIto:Yungue-!chnnie1TDIN11onrg;e""ounty-b IL.Covj Sent: Monday,August 01, 2016 7:28 AM To: David Martinez<d martinez6@bc aconatrUctic,n,tiet>;Shillinger-Bob<Shilknger-Po: r' IoEEroecoLir,ty-F?_.Ccv>; Ambrosio-Chris<Ambrosio- hr isCc ar : C ante-FL.G ov> Cc:Sposito-Doug<sposito-do _ Prno€,roe coEjj� ; bill roberts<brob er s@bcgc(,nstr uctior�.rret>;Brad Moretti <br-adPbcaconstr UCtion.net> Subject: RE:Credit CO for Stockpiled fill David, wont 4` beablet 'f a� l � �ehng i�.3,'^.s than. the $ 3..lf0 C u,'d. Lta'�.di� 1. e f C t , P ( °1 .Ct Y, �I get tirtiv'aa 4`:7!"ari`�lti s"s � �" for the use. �, %r1E? La:A�,t ,�: if that r? s'2ix'i be giver,tO LIS please let me krl!7w today. Thanks, ohinni�-'-' Yongue Project Manager Monroe (County Public Wolrks & Engineering Division Project "Managernerit Department Office. (305)292-44291 Cell', (303)504-4148 Yongue-Johnnie2MonroeCounty-FI.Gov From: David Martinez [niailto:uniaGt:inezCcc.,bc construcii;,n_._ne Sent: Friday, July 29, 2016 9:06 PM To: Yongue-Johnnie; Shillinger-Bob; Ambrosio-Chris Cc: Sposito-Doug; bill roberts; Brad Moretti Subject: RE: Credit CO for Stockpiled fill Johnnie: As per my previous email, I am attaching a revised C0#1 that reflects the proposed credit of$11.50 for the County's stockpiled fill.The bid documents as they were issued called for a base bid to include importing all fill with an alternate for using the County's stockpiled fill at$30 per CY and any additional fill required after depleting the stockpile would be charged at$43 per CY.This would be a much more expensive route for the County. Please let me know which route you want to take or if you just want to go with the base bid as submitted.Time is passing rapidly and the clock for the builders risk policy started already. I would hate to have to extend that policy because it is very costly. Have a great weekend! 9 Davt&W. MarVvnek, CPA Partner/Chief Financial Officer /305`986-0158 cell <innage0O1jpg> 1N45 NW 19flh St. Doral, FL 33172 Monroe Coun -Z Office: 3210 F\ag0er Ave. Key West, FL 33040 (305)468-6604 Ext. '17 /305\468-6654 Fax <imoa8e002.png» From: David Martinez Sent: Friday,July Z9,2O163:31 PM To: 'Yon8ue-]ohnnie'« ;ShiUinger-Bob� fl=fov>;Arnbrosio'Chris Cc:5posito-Doug< � bi|| rnb�rts� Brad Moretti < Subject: RE:Credit[O for Stockpiled fill Johnnie: You can't have it both ways. Please direct us to the place in any of the document including the bid documents,the eddendunns or the contract where it is"plain reading"that we gave a unit price that was included in our base bid for the fill materials. |f you are assurning that we have a $30 per CY price based on using the County fill then why would we be providing you any credit? If you are assuming that we have$43 per CY in our base bid then why wouldn't we be entitled to a change order atthat price for additional fill should the stockpile not be sufficient.The unit prices have absolutely nothing to do with the base bid values and they are clearly marked as"additional". Based on your logic,you're attempting to claim that we have$43 per CY in our base bid which amounts to$60I,000 (14,000 x$43).That is completely false and it is abundantly clear in the schedule of values that we did not use anywhere near that amount.The unit price that was asked for is for"additional fi||".Since we are responsible for bringing in all the h||, why would you request a unit price for"additional fill". What is the purpose of this unit price, if it will never be used on the project.You can't pick and choose how you want to interpret as it clearly says in all documents that the unit prices are for"additional fill",which means over and above the stockpile. I have attached the documents from your addendum and our contract for your convenience. I have been overly generous in my proposed credit.Alternatively we can give a total credit for the entire dollar amount that vxe included in our base bid for field fill and then charge$30 per CYto process the stockpile and then any additional fill needed over and above the stockpile would be charged at$43 per[Y.That is clearly how the bid documents read and by my estimates that would amount to a very large additive change order to the county. 10 For the sake of getting this resolved, I would be willing to go to$11.50 per CY on the stockpile which again is coming out of my pocket for no reason other than to finally get this project off of the ground. TJa,V�&W. M CPA Partner/Chief Financial Officer 13051986-0i58 cell <irnageUOljpg> 10145 NW 19th St. Dora|, FL33AI72 Monroe Count,,, , 3210 Fl3gler Ave. Key West, FL 33040 (305).468-6604 Ext. 17 (305)468-6654 Fax <inoa8e002.png> Fronn:YonQue-Juhnnie Sent: Friday,July 29' 281612:U1PK4 To: David Martinez<d rnartinez@ bcgconstruction ne t>,; ShiUinger-8nb< Ambrosio-Chris Cc:6ponito-Doug biUrnberts Brad Moretti Subject: RE:Credit CO for Stockpiled fill David, The Monroe County Attorney's office does not iSSUe legal interpretations for private COMDanies. But the plain reading of Kirke's Unit price proposals#1 and#3 rhat Burke offered is S43/CYfor additional engineered Fi|li'Subbane nuateria| and -,30/,,Y for sifting/processing County provided fill,This is part ofthe contract documents,That provides a $13,00 credit. Not�10.50, There are no arnbipuities in the credit amount when the COUnty provides the fill. Please provide a revision to the change orde,r that reflects the $13,00/cu.yd. difference between the MO Unit prices and maintains that Any additional fill required for the project in excess of the counI-Y srockpiled materials will be provided by the contractor as per plans and approved Subnnitta|s, Thanks, Johnnie Yongue Project Manager K0onroe County Public Works & Engineering Division 11 Exhibit H w CPA Partner/Chief Financial Officer /305\986-0158 cell <inna8eOO1 'pD> Corporate Heodguarters: 10145 NW 19th St. DomGY, FL 33172 Monroe County Office: 3210 FKaglerAve. Key West, FL 33840 <305\468-6004 Ext. 17 /305>468-6654 Fax <irnage002.png> From: David Martinez Sent: Friday,July 29, 20153:31 PM To; 'Yongue-Johnnie'< ;Shi||ingep8ob< FL!Glv>;Annbnosin-Chriy< > Cc:Sposito'Doug< ; biUroberts< »;8radK8oretti < > Subject: RE:Credit CO for Stockpiled fill Johnnie: You can't have it both ways. Please direct us to the place in any of the document including the bid documents, the addenclums or the contract where it is"plain reading"that we gave a unit price that was included in our base bid for the fill materials. |f you are assuming that we have a $30 per CY price based on using the County fill then why would we be providing you any credit? |f you are assuming that w/e have$43 per CYin our base bid then why wouldn't xvebaentitled to a change order at that price for additional fill should the stockpile not be sufficient.The unit prices have absolutely nothing to do with the base bid values and they are clearly marked as"additional". Based on your logic,you're attempting to claim that we have$43 per CY in our base bid which amounts to$602,000 (14,OOOx$43).That is completely false and it is abundantly clear in the schedule of values that we did not use anywhere near that amount.The unit price that was asked for is for"additional fill".Since we are responsible for bringing in all the fill,why would you request unit price for"additional fi||".What isthe purpose of this unit price' ifit will never be used on the project.Youcan'tpickondchoosehnvxyouxvanttointerpretasitdeariysaysina||docurnentsthattheunit prices are for"additional fill",which means over and above the stockpile. I have attached the documents from your addendum and our contract for your convenience. I have been overly generous in my proposed credit.Alternatively we can give a total credit for the entire dollar amount that we included in our base bid for field fill and then charge$30 per CY to process the stockpile and then any additional fill needed over and above the stockpile would be charged at$43 per CY.That is clearly how the bid documents read and by my estimates that would amount to a very large additive change order to the county. 10 For the sake of getting this resolved, I would be willing to go to$11.50 per CY on the stockpile which again is coming out of my pocket for no reason other than to finally get this project off of the ground. Da;y6&W, M CPA Partner/Chief Financial Officer (305)986-8158 cell <innageOO1jpg> Headquarters:Corporate 10145 |NW 19thSt. Doral' FL 33172 Office:Monroe County 3210 F0agler Ave. Key West, FL33040 ( ~66G4 Ext. 17 (305)468-6654 Fax <hnage002.png> Fronn;Yongue-Johnnie Sent: Friday,July 29, 201613131PM To: David Martinez ;ShiUingep8ob Ambrosio-Chris Cc:Sposito-Doug ; bill nubeds ; Brad Moretti Subject: RE: Credit CO for Stockpiled fill David The Monroe County Attorney's office does not issue legal interpretations for private companies, But the plain reading of Burke's Unit price proposals#1 and#3 that Burke offered is $43/CY for additional engineered Fill/Subbase material and $30/CY for sifting/processing County provided fill.This is part of the contract documents.That provides a$13.00 credit. Not$10.50.There are no ambiguities in the credit amount when the county provides the fill. Please provide a revision to the change order that reflects the$13.00/cu.yd.difference between the two unit prices and maintains that Any additional fill required for the project in excess of the county stockpiled materials will be provided by the contractor as per plans and approved submittals. Thanks, ]ohnn)eYongue Project Manager Monroe County Public Works & Engineering Division ll Exhi bit I Construction Group Inc. HURRICANE IRMA,,ja B U R K,E e s;11 s RN T 1 N! PARK STOCK ISLAND COUNTY,MONROE FLORIDA ' a r hr ®AR® OF COUNTY 130MMISSIONERS MOLAR E COUNTY, FLORIDA MAYOR., DANNY KOLHAGE, DISTRICT i MAYOR PRO TEM, HEATHER B vARRUTHERS, DISTRICT GEORGE NEUGENT, DISTRICT 2 ®AVID RICE, DISTRICT 4 SYLVIA J. M URPHY, DISTRICT 5 MONROE COUNTY ADMINSTRATOR ROMAN GASTESI OCTOBER 1 a, 2017 Exhibit i THE LAW OFFICES OF ELDER & LEWIS APROFESSIONALASSOCIATION DAVID R.ELDER 9150 S.DADELAND BOULEVARD KERRY H.LEWIS SUITE 902 MIAMI,FL 33156 MAIN (305)667-4774 April 25, 2018 FAX (305)667-4664 OF COUNSEL FREDRICA B.ELDER WEBSITE: www.eideriewis.com VIA EMAM Shillinger-Boba,monroecountN,-fl.goNvr Bob Shillinger,Esq. County Attorney 1111 12'h Street Suite 408 Key West,FL 33040 Re: Burke Construction Group Monroe County-Bernstein Park Dear Bob: With regard to the 119 Request sent to Burke Construction Group ("BCG") on February 27,2018 1 wanted to detail why BCG objected. The contract language in the Agreement is not consistent with the language of the statute. The statute states: 119.0701 (2) CONTRACT REQUIREMENTS. — In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016,must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency's custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT(telephone number,e-mail,and mailing address). (b) A provision that requires the contractor to comply with public records laws, specifically to: Bob Shillinger,Esq. County Attorney April 25,2018 Page 2 of 4 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, 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 contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. On a procedural and applicability note, the Agreement is dated April 20, 2016. The statute states: "...each public agency contract for services entered into or amended on or after July 2016... On a substantive note,here is the language of the contract. 7.6 n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost,to the public agency all public records in possession of the contractor upon termination of the DADELAND CENTRE 11-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eideriewis.com Bob Shillinger,Esq. County Attorney April 25,2018 Page 3 of 4 contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. The key differences are: Significantly,the Contract does not contain 119.0701 (2) or(2) (a). Now, let's look at the discrepancies. The Statute states in 119.0701 that it is the public custodian of records that can make a request; By comparison: The Contract does not reference the public custodian, but rather "the public... on the same terms and conditions that the public agency would provide the records..." Of course the 119 request sent to BCG was not sent by a member of the public but by Brian Bradley, Senior Coordinator, Monroe County Attorney's Office. Not only did the request not comply with the reference to the "public," it was not sent by the County's Custodian of Records,even if the amended statute applied,which it does not. Having made the distinction between the statutory language and the contract language, it should also be noted that the letter request openly admits it was not made pursuant to the 2016 statute, but indeed pursuant to the contract. The letter from Mr. Brian Bradley states: "Pursuant to clause 7.6(n) 'Public Access', of the April 20, 2016 Agreement between Monroe County and Burke Construction Group, Inc. ("Burke") for Burke's redevelopment construction of the Monroe County Bernstein Park Project, this department hereby requests copies of all public records, correspondence, and documents that relate to or are a part of or pertain to Burke's Hurricane Irma damages insurance claim concerning Burke's work and operations at and on the Redevelopment of Bernstein Park project. The request includes but not limited to productions of all emails, texts, records, correspondence, letters, and pictures that are of or related to Burke's insurance claim or form insurance adjusters, inspectors, subcontractors, insurance companies and Burke representatives, agents or staff." In essence, the contract language controls and it is that language that not only references "the public" possessing the right to access to records on the same terms and conditions that the public agency would provide the records, but also, restricts the public records request to "public records that ordinarily and necessarily would be required by the public agency in order to perform the service." It is Burke's position that the documents requested far exceed records that are both ordinary and necessary to perform the service. A claim is not an RF1 nor an RCO nor an application for payment nor a change order nor an architectural response to any of these. A claim is not a schedule nor a TIA nor a contract exhibit. DADELAND CENTRE 11-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eideriewis.com Bob Shillinger,Esq. County Attorney April 25,2018 Page 4 of 4 Finally, I've told you and Chris Ambrosio,the records requested are exempt from public records disclosure in that the information contained in an insurance claim and associated records reflects proprietary,confidential,and privileged information. Despite the objections, you know of course that Burke Construction Group did in fact provide records as an act of cooperation. Those documents, without waiving the objections to the 7.6 (n) "Public Access" request, included completion costs incurred or expected to be incurred for repair and replacement." They also included extensive photographs and other information. In closing, I should also state that Monroe County refused to pay for an extension of the Builder's Risk Policy beyond the contract term. BCG on its own paid for the extension which carried in to the Hurricane Irma storm. The extended builder's risk policy therefore belonged to BCG. The overarching reality is that the claim stemmed from a builder's risk policy extension purchased by BCG. It did not rise to a public record. On a practical note, had BCG not undertaken the cost of the builder's risk extension Monroe County would have been liable through change orders for all the repair and replacement costs totaling $1,530.355.00. In essence, the objection as of the date of April 19, 2018 was and remains valid and should not have affected the award of the fire station contract to BCG. Sincerely, DAVID R.ELDER DRE:mmo cc: Burke Construction Group - DADELAND CENTRE If-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 • FAX: (305) 667-4664 - WEBSITE: www.elderlewis.com Exhibi t K C.Warranties,bond and guarantees. D. Keys and keying schedule. E.Spare parts and maintenance materials. F.Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release(Irmfudes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference Is made In this Agreement to a provision of the General Conditions or another Contract Document,the reference refers-to that provision as amended or supplemented- by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services:As described In Article 34 of the General Conditions 7.4 Monroe County's performance and obligation to pay under this contract Is contlrpM upon an annual appropriation by the Board of County Commissionats. 7.6 A person or affiliate who has been placed on the convicted vendor list follwmnq a conviction for public entity crime may riot submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work,may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity. and may not transact business with any public entity In excess of the threshold amount provided In Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 7.6 The following Items are Included In this contract a) Contractor shall maintain all books, records, and documents directly pertinent tD performance under this Agreement In accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years f1ollowliv the termination of this Agreement If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with Interest Calculated pursuant to Sec.65.03,FS,running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed Inaccordance with the laws of the State of Florida applicable to contracts made and to be performed entirely In the State. In the event that any cause of acoon AGREEMENT W500-Page 8 of So or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall tie in the appropriate court or before the appropriate administrative body In Monroe County, Florida. The Parties waive their rights to tial by jury. The County and Contractor agree that, In the event of conflicting Interpretations of the terms or a term of this Agreement by or between any of them the issue shalt be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent Jurisdiction, the remaining terms,covenants,conditions and provisions of this Agreement, shall not be affected thereby;and each remaining term,covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original Intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's trees and Costs. The County and Contractor agree that In the event any cause of action or administrative proceeding Is initiated or defended by any party relative to the enforcement or Interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party,and shall include attorneys fees and courts costs In appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and Inure to the benefit of the County and Contractor and their respective legal representatives,successors,and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action,as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of Its choice and enters Into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be,and Is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shalt be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the Issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement Is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding Is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, In all proceedings, hearings,processes,meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor AGREEMENT 00500-Page 9 of 50 specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and It is expressly understood that upon a determination by a court of competent judsdlcaon that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes,and all tool ordinances,as applicable, relating to nondiscrimination. These Include but are not limited to: 1)Tine VI of the Civil Rights Act of 1964(Pl.88-352)which prohibits discrimination on the basis of race, color or national origin;2)`f itle IX of the Education Amendment of 1972, as amended(20 USG ss. 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USG s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(Pt.91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 623 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.),as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC s. 1201 Note),as maybe amended from time to time,relating to nondiscrimination on the basis of disability, 10) Any other nondiscrimination provisions In any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any Interest, which would conflict in any manner or degree with Its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited In this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated In Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain Information. m) No SolicitetionlPayment The County and Contractor warrant that, in respect to Itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that It has not paid or agreed to pay any person, company, corporation, Individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of time provision,the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at Its discretion, to offset from monies owed, or otheMse recover,the full amount of such fee,commission,percentage,gift,or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to,and Inspection of,all documents,papers,letters or other materials In its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by AGREEMENT 0050D-Page 10 of 60 the County and Contractor in conjunction with this Agreement, and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. o) Mon-Waiver of immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,and other benefits which apply to the activity of officers,agents,or employees of any public agents or employees of the County,when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall It be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the-extent of actual and timely performance thereof by any participating entity,in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution,state statute,and case law. r) Non-Reliance by Non-Partles. No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of Individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to,or superior to the community In general or for the purposes contemplated in this Agreement, AGREEMENT D0500-Page 11 of 60 E xhibi t L THE LAW OFFICES OF ELDER & LEWIS A PROFESSIONAL ASSOCIATION DAVID R.ELDER 9150 S.DADELAND BOULEVARD KERRY H.LEWIS SUITE 902 MIAMI,FL 33156 MAIN (305)667-4774 December 19, 2018 FAX (305)667-4664 OF COUNSEL FREDRICA B.ELDER WEBSITE.- www.eideriewis.com VIA EMAIL Ai-nbrosio-Chris(@MonroeCounty-FL.Gov Chris Ambrosio,Esq. Assistant County Attorney Monroe County Attorney's Office 1111 121h Street Suite 408 Key West,FL 33040 Re: Burke Construction Group,Inc. Dear Mr. Ambrosio: As you know this office represents Burke Construction Group,Inc. Our client has informed us that a "Michael Stanek" in the office of the "Clerk of the Court and Comptroller" is contacting the Burke Construction Group subcontractors and material suppliers on the Bernstein Project. It is our understanding that he is calling repeatedly and is asking for billing invoices following Hurricane Irma. These repeated inquiries will affect Burke Construction Group's business relationship with its subcontractors and material suppliers. In reviewing one of the emails from Mr. Stanek I note that he offers no reason for the request or any legal right to obtaining the documents. If Mr. Stanek has a legal right to pursue the billing of Burke Construction Group subcontractors and material suppliers, perhaps you should detail to me the County's rights and entitlement. I will make an expeditious determination as to whether I agree with either. Without a legal right, Monroe County must cease interfering with the business and contractual relationships between Burke Construction and its subcontractors and material suppliers. Chris Ambrosio,Esq. Assistant County Attorney Monroe County Attorney's Office December 19,2018 Page 2 of 2 Calls and repeated calls serve to create undeserved suspicion. While sending an implied message to the construction community that Burke Construction has done something wrongful may serve whatever motives Monroe County possesses with regard to the Burke Construction Group, the non-conventional action, without a legal right, fortifies the growing concern in the Burke camp that Monroe County has and continues to harbor unjustified animus against Burke Construction and its principals which affects their ability to continue to work and earn profits in Monroe County. I urge you and Mr. Stanek to cease and desist these actions. Sinc re DA ID R. ELDER DRE:mmo cc: Burke Construction Group,Inc. DADELAND CENTRE It-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE: www.eideriewis.com THE LAW OFFICES OF ELDER & LEWIS A PROFESSIONAL ASSOCIATION DAVID R.ELDER 91 SOS.DADELAN D BOULEVARD KERRY H.LEWIS SUITE 902 MIAMI,FL 33156 MAIN (305)667-4774 FAX (305)667-4664 OF COUNSEL January 3,2019 FREDRICA B.ELDER WEBSITE: www.elderiewis.com VIA EMAIL VIA EMAIL kmadokO,monroe-clerk.com smafhenaaanonroe-clerk.com Kevin Madok, CPA Sandra L. Mathena, CPA, CFE,CIA Clerk of the Circuit Court& Monroe County Clerk of the Court Comptroller &Comptroller's Internal Audit Dept. 500 Whitehead Street 500 Whitehead Street Key West,Florida 33040 Key West,FL 33040 Re: Burke Construction Group,Inc.1 Mike Stanek inquires of third parties Dear Mr.Madok and Ms.Mathena: Please see the attached letter sent by this office to Chris Ambrosio on December 19, 2018. Please also see the response letter sent by Bob Shillinger on December 20,2018. Mr. Shillinger states: "As such the BOCC, the County Attorney, the County Administrator and various County departments do not control the activities of the Clerk or his deputies and auditors. I respectively suggest that you direct any concerns about the audit to the Clerk." Essentially,we are trying to assess what authority the Clerk's office has with regard to an audit. While there is a contract provision Article 7.6 addressing a possible right to records, Burke Construction has received correspondence regarding interviews, and now we are receiving inquiries from suppliers and material who are receiving repeated calls from a"Mike Stanek." Perhaps we can simply indentify from where your source of authority arises. Are you relying on the contract or the Florida Constitution as a non-charter county. At this juncture, I do not see any authority for an interview. At this juncture, I do not see any authority to conduct the equivalent of discovery from third parties which serves only to alarm the subcontractors and material suppliers and suggest some kind of wrong doing. Kevin Madok, CPA Sandra L.Mathena, CPA, CFE, CIA January 3,2019 Page 2 of 2 In light of the fact that Bernstein Park has been completed and fully paid, with a certificate of substantial completion signed by all necessary parties, I am inquiring what the purpose of the audit is. Is there a reason or is the inquiry simply a pursuit of the improbable. Naturally, if we can identify the authority the Clerk's office is working under to pursue interviews and contact third parties, I will consider compliance and harmony. Essentially, I would like to know Mr. Stanek's authority with regard to non-contracting parties or at least your understanding of that authority. If we can avoid a"Declaratory Relief' action,that would be a great thing. Sincerely, ci DAVID R. ELDER DRE:mmo cc: Robert Shillinger,Esq. (via email) Burke Construction Group(via email) DADELAND CENTRE 11-9150 SOUTH DADELAND BOULEVARD,SUITE 902,MIAMI,FL 33156 ELDER & LEWIS, P.A. MAIN: (305) 667-4774 - FAX: (305) 667-4664 - WEBSITE; www.eideriewis.com h-T-lxhi bit M I i coA < Clerk Of the Clrcuft Court Comptroller--Monroe County,Florida October 11,2018 David Martinez SENT VIA CERTIFIED MAIL Bunke Construction Group,Inc. #7018 0360 0000 2408'G078 101451~.?W 19"'Street Doral,FL 33172 Mr.Martinez: At the request of the Monroe County Clerk of the Court and Comptroller, the CIedes Internal Audit Department intends to begirt an audit of the Bernstein Park Pzo*t.'i':'he audit scope and ptocedures will be deter ined after interviews with management and ether appropriate persooneL We will be contacting you soon to set up an appointment to review the records. Should you have any questions,please contact Sandra.Mathena at 305295-3139. Sincerely, Sandra I.,Mathena,CPA,C:FE,CIA cc: Kevin M2dok,CPA,Clerk of the Circuit Court&Comptroller Roman Gmtesi,County Administrator Kevin Wilsc'nt Assistant Co-u ty Administrator Bob Shilt�er,County Attorney Chris Ambrosio,Assistant County Attorney Casey Knight,Dsrectot of Project Management John=Yongue,Project Manager 2 KEYWESTOFFICE MARATHON PtWATIC)}KEY PKIROTHOFFICE 5DO WhitehekStreetKey 3117 Overseas Highway 88820 Overseas Highway 5OHighPoirdRoad West,Florida33040 Marathon,Flodda330S0 Plantation Key,Florida33070 PlantatlonKey,Ftorida33070 305-294-4641 305-289-6 027 305-852-7145 305-852-7145 Exhibit N Recommendation \ ' ' 0 We recommend that the Board of County Commissioners consider suspension procedures for Burke Construction Group, Inc. 0 We recommend that a stronger and clearer audit provision be included in future county contracts so contractors fully understand the Clerk's right to audit their records. * We recommend that Burke be compelled to provide the Clerk of [ourt's |nta[Um| Audit Department this information. Monroe County Proiect Management Response Monroe County Attorney Resl2onse Burke Construction Group, Inc. Response B. Inconsistent Reporting of Hurricane Irma Loss Information by Burke. On February 9, 2018 Burke's V.P. signed a Sworn Statement Proof of Loss confirming that the Park incurred $2.7 rni|UoD in Hurricane damages. A month later, on March 19, 2018the County received from 8urke's V.P. a Report that included a Detailed Cost Analysis to repair Bernstein Park totaling$1.5 million. Observation � Project Management and the CoUntyAtto0meV's Office requested many times both verbally and in vVFitiOD for documentation on the Hurricane Irma loss repairs to the Park. Burke did not comply as required by Florida Statutes and did not respond to their numerous requests. Nor did they request any change orders for the Hurricane Irma damage repair work. Monroe County Project Management was not included in any claim discussions with the Builder's Risk Insurer. The County Attorney made a formal public records request to Burke to produce documents. In response, Burke did provide the County a report in March 2018 that summarized the hurricane-related damages. This report indicated that the Bernstein Park Redevelopment Project sustained damages totaling $1,530,355. Refer to Exhibit 0 — Burke^s Post Hurricane Repairs and Completion Bernstein Park Prepared for Monroe County Delivered March 19^ 2018. Though the March report stated damages totaled $1.5 million, in the previous month,� Burke/s \(P. submitted a sworn proof ofloss statement to their insurance company stating the Park's loss totaled over $2.7 million. Refer to Exhibit B — Sxvorm Proof of Loss Dated FebruarV9, 2018. SpeciUca||y, 8urke's sworn statement of loss totaled $2,722,630 — a difference of $1,192,275 from the report 81 Bernstein Park Project - Burke Construction Group, Inc. March 2019 Exhibit o \ / w Recommendation We recommend that Project Management and other County employees receive training on insurance requirements to ensure that bid proposals and contracts include properly completed insurance-related documents. w VVe recommend that Risk Management obtain completed certified builder's risk policies for all the Count«/s construction projects. Monroe County Prolect Management Resoonse Monroe County Attorney/ Risk Management Respons Burke Construction Group, Inc. Response E. Electric Bills of$17'349.26 Should Not Have Been Paid by Monroe County Observation The County paid Bernstein Park's electric bills from September 2UI7through August 2O1Qtotaling /— �17 �48 �G However, under the terms of the contract �e�vxeeO the County and Burke the utilities ( > - ' ' ' '— ~— were included as a cost until the project neaohedfuQconnp|etion. Thee|ectricbi|[svvereautonnatica1|v sat to return to expenses of Monroe County at the end of the project. The project dates were extended but the electric company was not notified of the extension. Project Management was notified of these incorrect charges but did not deduct them from the last retain8ge check. Project K4anage[neDtshou|drecoverthesefundsfrornBurke. Recommendation w \Ne recommend that Monroe County management recover the$17,349.26 Monroe County Proiect Management Response Burke Construction Group, Inc. Response 141 Bernstein Park Project - Burke Construction Group, Inc. March 2019 Exhibit P Redevelopment of Bernstein Park CERTMLATE OF SUBSTANTLAL COAMETION PROJECT: CONTRACT FOR: Redevelopment of Bernstein Park (Nam and address) CON TRACTDATE: April 20,2016 Redevelopment of Bernstein Park 6751 5th Street Tbq6y%V,FL 33040 TO CONTRACTOR: (Name and address) (Name and address) Monroe County Board of County Commissioners Burke Construction Group, Inc. 500 Whitehead Street 10145 NW I 9ffi Street ©oral,FL 33172 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Project Managers best knowledge, information and belief,to be substantially complete. Substantial Completion is the 91W in the progress ofthe Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as July 06 2018 which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: A list of items to be completed or correcte Is attached hereto. The failure to include any items on such list does not p after the responsibility of the Contractor to fete all Work in accordance with the Contract Documents. INSPECTOR y DATE! (if used) the list of it te The Contractor will complete or correct the Wo on e list of ite c hereto within the above date of Substantial Corn letio PI.- Armando Silveira 5/23118 CONTRACTOR BY DATE The Owner acc2 is the Work or designated portion thereofas substantially complete and will assume full possession thereof at :00prnZ _(time),on July 06,2018 (date). 16 DAT# CA By The responsibilities of the Owner and the Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be as follows: Mote-Ownm and Contractors legal and insurance wwwt shauld determine and review inmrance requirements and coverage APPLICATION FOR PAYMENT 01027-Page 140 of 240 Ex hib i t Q i 's r ar ..■ #rt 1rn... ; max ! ft ;:..t. s {: � r 'r tk '� x x-. • i'• -. • I r is lii t « i ini!- #« !, ya, • r t i C: t-.f � « .,t �:r'M; t:.' a a a # • { .! j i r Cot a `,'. .' f M.: ..• �` f :. y r': � '. oaf r « • �« N• [ • f ♦ r 1. «i a a: «.• x r � i Nr a s 'a [ .;M r a � '..:,' G � .: t« « x :" ,:« # ... t«. :.•. f ,'. t«x:" to M G 6 :{t « f- a« a i i - - -# ry« x: • 'F' ar �r ! ; is it i t "t ♦« ..♦a F :ar .a - r • R: .r - 't Ni r=: •s cr -s r { � a ii . _:r r r«- a .'fi [ a as •�3i .,. N;. •'ti,. • - . f i• c. J • r. rss rj i :-x cre i «ir a' ♦ • a '; i � R f «♦ { t a ar,R f #c -# ` a•♦> ••« '� ♦� '«• r a•,'. f f.�x: _ i i. a r :F • • ': € l i L a Exhibit R r� Recommendation We recommend that Project Management and other County employees receive training on insurance requirements to ensure that bid proposals and contracts include properly completed insurance-related documents. � We recommend that Risk Management obtain completed certified builder's risk policies for all the County'5 construction projects. Monroe Cbunty Proiect Management Response Monroe County Attorney/ Risk Management Response Burke Construction Group, Inc. Response E. Electric Bills of$17,349.26 Should Not Have Been Paid by Monroe County Observation The County paid Bernstein Park/s electric bills from September 2017 through August 2018 totaling /— �17,549.ZG. However, under the terms of the contract between the County and Burke, the utilities / � \_— were included asa cost until the project re6chedfuUoomp|eUon. Thee|ecthtbi|lsvvereautornatica!h/ set to return to expenses of Monroe County at the end of the project. The project dates were extended but the electric company was not notified of the extension. Project Management was notified of these incorrect charges but did not deduct them from the last r8taiDagG check. Project yWanagerneO1ShouldrecOv8rthesefundsfronmBurke. Recommendation 0 VVe recommend that Monroe County management recover the$17,349.26 Monroe County Proiect Management Response Burke Construction Group, Inc. Respo se � ) I41 Bernstein Park Project -Burke Construction Group, Inc. K8archZO19