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Miscellaneous \ \ " Normenllnau~:es W.S.A.. inc. .:lndl,G.3 Marcrester CC'r'::::":': ~, A Joint VentLire \ PO. Box 6129. 38-.106-0129 3224 Mobile H!gh,~V 36108-4,100 Montgomery. i),labama 205:281-8440, Fax 205,288-51185 Norment w :z: ~ .~ \Ci w c:J rr; C"':i N -.J U J~ December 16, 1993 1'0 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Response to MK/G Letter KJ-OC13-117 F)LX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-166 Dear Larry: We acknowledge receipt of your December 15, 1993 letter KJ-OC 13-117, and disagree with your position and refusal to compensate us for this work which added card readers, intercom, monitoring and control of gates shown on drawing 12.29 labeled "Ground Floor Zone F Housing Alternate". The Contract Documents do not properly indicate on sheet 12.29 that these items are to be included in the Base Bid nor does it indicate the proper symbols to control these from our Touchscreens (The gates shown on this drawing actually have a M with a circle with the words "To Electrical Panel-Div. 16"). We do not control items from Division 16 panels as these are the Electrical Subcontractors Panels. We control items from our AP Panels as is properly shown on the same drawing 12.29 at the stairwell doors that indicate those doors going to panel AP-3. Therefore, it appears to be clear that these gates were to be controlled by Division 16 and not tied to our systems. As per my letter of February 2, 1993 KJ-IC13-072, Tom Watson confirmed to us the intent of MKlGerrits letter ofKJ-OC13-064 directing us to proceed did not include control of these gates but monitoring only. It was not until your letter KJ-OC13-106 in Novemberof93 that someone decided to add control of these gates. The Specification reference does not indicate any exact locations and is a generic paragraph to be used in conjunction with the contract plans to determine the number of Gates to be controlled. Based on the contract plans, the only one we could even consider is the one in zone A sheet 12.24 and it does not have the proper symbol, L, which would designate a remote locking device but it does show it going to our AP-1 panel and not to Electrical Panel-Div. 16. f\ . '-- tc'\J?--I..JL~ Jc..~l - ,~ - OtiNU ~~..L 'Y\..CL.-(\./<:.L Q.(U-" Page 2 of2 Letter to MK/Gerrits Dated 12-16-93 Therefore, the amount of $24,849.00 we have submitted remains as our claim. for this work due to the lack of information on the documents to distinguish these items to be separate from the Alternate F which was not taken, inaccurate designation of what panels they go to, and inaccurate symbols. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture (l-4Ak Chris A. Pounds Project Manager c.c. Main-4063-4 Monroe County Board of County Commissioners Norment Industr:es W.S.A.. Inc. ana G.B. Mancnester C;':;,;r:;:.,-,,~ A JOint Venture P.O. Box 6129.36106-0129 3224 Mobile Highway. 36108.4400 Montgomery. Alabama 205/281-8440 Fax 205/288.5485 Norment December 16, 1993 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Response to MK/G Letter KJ-OC13-ll8 F~: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-l67 Dear Larry: We acknowledge receipt of your December 15, 1993 letter KJ-OC13-ll8, and disagree with your position and refusal to be involved in resolving differences between Prime Contractors such as this case with Pomco causing delays to us. This sets an interesting precedence and we will review with others exactly what measures must be taken to resolve this issue. The statement about our being a subcontractor or materialman does not address the responsibility of the County and MK/Gerrits to enforce Pomco and their Bonding Company to respond to us according to Supplementary General Conditions paragraph 8.3.5 which is a part of their contract. We will again address this issue in further detail at a later date. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture rZt~ ./~ Chris A. Pounds Project Manager c.c. Main-4063-4 Monroe County Board of County Commissioners Norment Industries W.S.A. Inc and G.B Manchester Co'pcr:::::CCl A Joint Venture PO. Box 6129. 36106-0129 F':! f-O L. ,. . "(1 3224 Mobile Highway. 36108-4400 Montgomery. Alabama 205/281-8440 '93 DEL 23 P 1 :s () Fax 205/288-5485 Norment 1~IJNf December 9, 1993 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Outstanding C.O.'s & Pomco Delays FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-164 Dear Larry: Please process outstanding change orders as soon as possible and release payment for work already in place awaiting change orders. Please call me to advise me when change orders will be written for these items that have been done. If you do not agree with any of the proposals listed below and do not intend on processing them for any reasons, we need you to also advise me immediately: 4063-02 dated 2-25-93 4063-03 dated 3-30-93 4063-04 dated 5-14-93 4063-05 dated 10-7-93 4063-06 dated 10-7-93 4063-07 dated 1-12-93 Relocated door A2079 Added 2 intercom/Card Access/monitor only of 2 gates Added wing Wall at door C2023 Added controls to 2 roll up doors Added controls for 2 gates Add micro touch at 4 location $1320 $21,589 $714 $5899 $3260 ~ TOTAL $38,424 We also need for you to address with the owner our delay costs due to Pomco of approximately $168,470 as indicated in our Letter KJ-IC13-141 dated October 27, 1993 as Pomco's bonding company's attorney appears to be only stalling for time an.d continues to ignore the language in their own bond item 1 condition which states "the contract is made a part of their bond by reference." Therefore, as each Trade Contractor is responsible to other Trade Contractors if they delay their work as per section 6.2.5 under Article 6 of the General Conditions and the General Conditions are a part of the Contract. Pomco's Bonding Company is obligated to any Trade Contractor delayed by Pomco. Please find attached November 29, 1993 letter from Clausen Miller Gorman Caffrey & Witous, P.C. which is an unacceptable response to our October 12, 1993 letter. C'o~\~s +c '. F \' y"\ 0\ '"" c.. "- t:J.\ V . c.. c. ~~-\;1' Page 2 of2 Letter to MKlGerrits Dated 12-9-93 Notice it took them over 7 weeks before they even wrote this letter which is obviously only a tactic used by someone in attempts or hope that this problem will just go away if ignored. We do not know what other efforts, Norment can make to work things out directly without involving the Owner at this time as Pomco's Bonding Company appears to be satisfied to simply ignore their Contractual agreement unless the owner is involved. Please have the owner's representative call me in order that we can have direct intervention in resolving our damages incurred due to Pomco as requested in our October 27, 1993 letter KJ-IC13-l41. As you can see from the above figures, the amount of money owed Norment at this time is adversely affecting our cashflow and any assistance at this point would be greatly appreciated in expediting outstanding change orders and assistance in resolving matters with Pomco's Bonding Company. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture ~vff~ Chris A. Pounds Project Manager c.c. Main-4063-4 MoarooCounty Boad.. of County Commissioners CLAUSEN MILLER GoRMAN CAFFREY & WITOUS, EC. ATTOaJIZTB AT LAW 10 SOUTH LA SALLE STREET CHICAGO, lLLINOIS 60603-1098 312 81515-1010 EmlOPBAN AFPILIA:rJ!: DU"I:AB:ET WOIIIADDrltmI: t.ABBOZB WHEATON, ILLINOIS NEWABlt. NEW JEBSEY PACSDm.E: Ole 606-7777 ~ Ole Baa Recelt--A -...........~ .aK,-!~, BELGIUM ':"-\ LYON, PRANCE t"::'i -I p.ams, PRANCE .--:; I I DETROIT. MICHIGAN NEW 'YOHJ[, NEW 'YOR][ November 29, 1993 -~- Mr. Chris Pounds Project Manaqer HORllDl'.r IHDUSTlUBS W.S.A., Inc. and G.E. Manchester Corporation A Joint Venture P.O. Box 6129 Montqomery, Alabama 36106-0129 Re: Project: Bond No.: Principal: Our File: Monroe County Detention Facility 107304 Pomco Associates, Inc. 72 25 79 00 0 Dear Mr. Pounds: In your October 12, 1993 letter, you endeavor to demonstrate that, under the qeneral conditions of Pomco's contract documents, Pomco is "the party responsible" for delays and is liable for delay claims from other trade contractors. As I indicated in my October 4 letter, National Union's bond obliqations, if any, extend only to the owner and Pomco's subcontractors. National Union is not responsible for the claims of co-prime contractors, such as Norment/Manchester J.V. Very truly yours, CLAUSEN MILLER P.C. By: RIM/sa RIM-LE4125 cc: William F. McCabe, Esq. Mr. Lin B. Heath 'Norment Industries W.S.A., Inc. and G.B. MaT'chester Corpora:,un A Joint Venture P.O. Box 6129.36106-0129 3224 Mobile Highway. 36108-4400 Montgomery. Alabama 205/281-8440 Fax 205/288-5485 ,c :! F [1 i :"); , (J F' Norment '93 DEe 23 P 1 :50 '.-[ J"lClNRC II> I i December 16, 1993 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Response to MKlG Letter KJ-OC13-ll6 Project Delays FAX: 305-292-9697 Attn: Larry KeY5 RE: Monroe County Detention Facility Letter KJ-IC13-l65 Dear Larry: We acknowledge receipt of your December 15, 1993 letter, and cannot believe that you had the nerve to forward this form letter to us. We do not understand why MKlGerrits continues to disregard all previous correspondence concerning the delays that we have experienced and are still experiencing. Please reference the following letters starting in August through December that we have not received adequate responses concerning the continuing delays we are expenencmg: KJ-IC13-1l2, KJ-IC13-114,KJ-IC13-125, KJ-IC13-132, KJ-IC13-139, KJ-IC13-142, KJ-IC13-l43, KJ-IC13-147, KJ-IC13-148, KJ-IC13-149, KJ-IC13-152, KJ-IC13-153, KJ-IC13-157, KJ-IC13-159, KJ-IC13-160, and KJ-IC13-162 (Note these letters which give you proper notice of delays are in addition to the Pomco delays) We totally disagree with the content of your letter as it concerns our work, but we can understand that perhaps your office made a clerical mistake by not removing our name from the list of other contractors that received this form letter. Up until this letter, we have been advised by yourself, other MKlGerrits employees and others onsite that our work and performance has been exceptional and exemplary. We also do not understand your accusations of our not proceeding with any directed work. To my knowledge there is no work that we have been directed to do that is not in progress. However, we cannot continue with some of the work directed because other contractors have not poured concrete in order for us to set our material. Weare also not aware of any other contractors that we are delaying. Please be specific in your accusations should you feel your letter KJ-OC13-116 is in any way justified. Your scheduling of the NE to be the week of 12-13-93 was not done at our request. In fact, we advised MKlGerrits the facility was not ready by our previous correspondence. The project due to the progress of others that has delayed our work is not yet ready for punchlists to be made at this time. Once the other contractors currently delaying our work have advised us that they are complete with work that affects us, then we could begin our punchlists and determine when our work can be completed. Cap\~s -\-C)'. F,' Y"'\ Q. r-.. C ~ 'D \ " , C c. ~-\"-r'j . .""'-'" Page 2 of2 Letter to MK/Gerrits Dated 12-16-93 We look forward to a timely response in order to clarify by listing exactly what items you feel we have not proceeded with as directed and what contractors you feel we are delaying or either a fonnalletter retracting this form letter from our files and copied to our bonding company. If we receive no response within 7 days to this letter, we will consider this your acknowledgment that you are in agreement with us and your letter KJ-ICI3-116 should not have been written to us. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture tkA~~ Chris A. POlUlds Project Manager c.c. Main-4063-4 Monroe COlUlty Board of COlUlty Commissioners St. Paul/Seaboard Norment Industries 'W.S.A.. Inc. and G.B. Marchester CO':~C"." 0" A Joint Venture P.O. Box 6129, 36106-0129 3224 Mobile Highway. 36108-4400 Montgomery. Alabama 205/281-8440 Fax 205/288-5485 Norment December 6, 1993 Morrison- Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Touchscreen Delays MKlGerrits KJ-OC13-110 Letter FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-162 Dear Larry: As a follow up to our letter dated November 22, 1993(KJ-IC13-157) and after being onsite this last week attempting to install and check out Touchscreens in the following items in areas A,D, and B as of December 2, 1993 the following items were still delaying the completion of these areas and Touchscreen checkout: NDG items: -Doors not hung: 3 TOTAL A1041A, BS1-1,A2040A -Problems with Door Frames(Doors won't close properly): 13 TOTAL D 11 0 1 B,D 1 060,D2006,D2007 ,D2032,D 1 032,D 1 086,D 1 026,D 1 004,D2060 B 1 0 17 A,B 1 0 1 O,BZ 1 040 -Locks not hooked up or installed: 9 TOTAL D20 16,D20 11 ,DS32,DS 1 031 ,BS 1-0, BS l-l,B 1 007,B 1 056,B 1 055 -Strikes, Dps Actuator arms, or other hardware missing(unable to check): 6 tPT AL D2047 ,AZ2072A,AZ2072B,B 1 055,B 1 005,B 1 003 \0 - '1 Lv -11 CJ '-, ~._... rq r.: N .. W ... u 01 ---, 0 "TJ -Strikes need adjustment/bolt won't go into strike: 5 TOTAL D 1 064,D2045,D2043,B 1 007 A,BZ 1 040 -Incorrect door or frame prep per template for dps: 2 TOTAL A1021, D1000 -DPS switches need adjustment or complete installation: 31 TOTAL Al 024A,B 1 000A(2 doors ),B 1 00 1,B 1 002,A2040A,A2056,B2000,B200 1, BSI-2,DIIOIA,D2060,D2070,DI058,DI062,DI068,DI069,D2017, DI066 D2024,D2033,D 1 032,D 1 027,D 1 024,D 1 022,D 1 007,B 1 0 14,B 1 005,B 1 003,B 1 032, BZ 1 068A C~f\e..~ -T~'. \- \ 'r\ 0.. ~ c... €... D; 'f. CO. -\\tl~. Morrison-Knudsen/Gerrits December 6, 1993 Page Two NDG items (continued): -Locks inoperative: 3 TOTAL D 1 085A,D2029,BZ 1 068A, and D2028 was sticking but corrected by NDG -Locks Locked open by NDG(unable to check): DS6-1,DS6-2 -Bad Bolt Position Switches in locks: 27 TOTAL Al 029A,Al 034,Al 039B,A2059 ,D2004,D2053,DS62,D2060,D 1 047, D2008,D20 12,D2029 ,D2030,D2003,D 1 032,D 1 086,D 1 0 1 O,D 1 087,B 1 0 17, B 1 0 14,B 1 005,B 1 003,BZl 030,BZ 1 073A,BZ 1 058,BZ1068,BZ1 068A -NDG drilled through frame because the frame manufacturer missed the prep for the DPS and drilled through our conduit and wire. Frame has to be ripped open by NDG or frame manufacturer to correct by repulling new wire: 4 LOCATIONS B 1 0 19,B 1 022,BZ 1 021 ,BZ 1 024 -Control Room Door E 1 000 just had an unpainted door hung with no glass or lock. NDG said the lock prep had to be corrected before a lock could be installed. Work by Others also has Delayed or is still Delayine our checkout: -No power to Roll up doors -No gate Operators with pads installed (We can't set pedestals for intercoms or card readers here) -No travel cables by the Elevator Contractor installed or onsite for our devices to be installed going into the elevators such as cameras,intercoms, and panic buttons. -The fire alarm contractor did not begin installation of Dry contact Interface Relays to enable us to tie to their system until today. (Their checkout appears to be in progress. First Audible Test was done today around 3:00p.m. on December 2, 1993) -Some cameras still did not have power to them provided by Division 16 As you can see from the above status of work by others, these areas were not and are still not to the point that we should be trying to test our touchscreens as the trade contractors affecting our work have not completed or checked out these areas. Our time in checking our touchscreens is being slowed down to the point it is not productive and many hours are being spent due to incomplete work of others or the lack of check out by others. The other areas C and E are in worse shape than Areas A,D, and B and we need a confinnation from NDG that they are ready for check out in these areas before returning to check these areas out as well as confinnation that all the above items related to NDG have been corrected. We are tracking our down time due to problems associated with NDG as we feel we should be compensated for the continuing delays experienced due to their lack of progress and incompleted work. Morrison-Knudsen/Gerrits December 6, 1993 Page Three Once we have received confirmation that NDG is ready for additional check out and the other items listed above have been addressed, we will advise you of our anticipated date for return to do additional checkout and try and determine the amount of time delayed in order to finalize our costs associated. Again, please have the County advise us when we can set up to do training once you have determined when the other Trade Contractors will be finished with their work that interfaces with our touchscreens. We have given some preliminary training to the County in order that they may operate the Touchscreens in Central control and DI000 for the open house on December 10, 1993. If you have any questions or comments please do not hesitate to contact me. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture aA~ Chris A. Pounds Project Manager c.c. Main-4063-4 Dave Finley Gary Robinson Carl Lang-G.B. Manchester .....Coaaty Jim Tharpe-NDG Norment Industries W.S.A., Inc. and G.B. Manchester Corpor.:.1tio'-, A Joint Venture P.O. Box 6129. 36106-0129 3224 Mobile Highway. 36108-4400 Montgomery, Alabama 205/281-8440 Fax 205/288-5485 Norment 1-- :"r ~'ples ~: F;na...n Ce j),' V. CO. /9tlJ. FebI'lU@ 4 ,1994 '<::T G W CD I..J.J l..1.. L ~.: ~,Jx :z: -- (3t; f:: 'Morrison-KnudsewGerrits 5090 College Road Key West, FL. 33040 SUBJECT: MKlGerritslDelay Costs FAJ(: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-172 Dear Larry: We acknowledge receipt of your letter dated February 4, 1994 KJ-OC13-123 concerning Delay Costs and disagree with its contents totally based on the following: -MKlGerrits lack of response to numerous previous letters concerning delays to our touchscreen installation and checkout. -By MKlGerrits own letter KJ-OC13-11O we were advised that all locks and dps should be completed by November 15, 1994. However, as of January 31, 1994 there were still over 90 doors found that had to be adjusted by NDG to make these complete and ready for us to even begin Touchscreen checkout. We advised MK/Gerrits in our letter dated 9-23-93 our letter KJ-OC 13-088 of many items including all locks, and dps adjustments that needed to be made prior to October 11, 1993 in order to allow sufficient time for checkout of the touchscreen without any reasonable efforts being put forth by NDG and others until over 100 days almost 4 months have past to get these items done. -These threats now to charge delay costs to Norment just because our system has to be checked out last when there probably are still some locks,dps adjustments still left: undone as well as other items which were previously to be done over 3 months ago prior to our beginning our checkout is totally unacceptable. Is just as if you were building a house and the carpenter and drywall contractor delayed the completion of your house by 3 or 4 months as well as your Mason going bankrupt causing a 4 or 5 month delay and you want to blame the electrician or carpet layer just because they are the last ones on the job. Norment does not take or accept any portions of claimed delay costs due to the amount of delays by others we have previously documented and are still experiencing. Page 2 of2 Letter to MKlGerrits Dated 2-4-94 Norment has and is still pushing to improve the timely completion of this project. We fully realize the amount of compression to our activities duration's that are being unduly put on us. Based on your Hardware supplier just now getting to the point that he is close to finishing all adjustments of locks and dps switches, recent completion of work by your elevator contractor, roll up door contractor, gate subcontractor, and others Norment should just now be scheduling our first trip to install touchscreens and start the checkout procedure. The many false calls and the amount of misinformation conveyed by MKlGerrits such as your letter KJ-OC 13-11 0 letter back on November 11, 1993 that the project was ready for the installation of touchscreens has caused an undetermined amount of lost time in the checkout procedure which Norment at this point should be totaling in order to receive reimbursement from MKlGerrits. The unnecessary copying of correspondence to our bonding company of this totally unjustified and unsubstantiated attempts to try and get Norment wrapped up in the delays that are obvious to all parties on the project not in any way caused by Norment. In fact if it had not been for the many letters produced by Norment and copied to other contractors to get this project finished it appears this project would still be a long way from finishing. There has been no real job meetings or coordination efforts on the part of MKlGerrits in the last month or two until this week. We were unable to even get into Elevators and discuss thing with MKlGerrits during the week of Christmas and New years because MKlGerrits trailers onsite were locked up for about a week with not anyone in the trailer on site, but yet in one of your letters you indicate Holidays are not a legitimate reason for any revised schedules. However, Norment and ICS has been working on week ends and overtime since back in October on their own account without any direction from MKlGerrits to help finish this project and compress our duration's due to the many delays of others. Again as clearly defined in our letter dated December 16, 1993 which to date MKlGerrits has yet to reply that there was any disagreement in any way to its content by phone or letter, your letter dated February 4, 1994 attached is obviously an unsubstantiated and unnecessary threat. Should Norment be in any way penalized due to the actions and delays of others, we will be forced to take the appropriate legal actions. We are at the current time in touch with G.B. Manchester to get them onsite prior to February 14, 1994 for final checkout which would have been a reasonable time of return had all of our duration's not been decreased due to delays of others. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture (l~~A~~ Chris A. Pounds Project Manager c.c. Main-4063-4 w/attached Monroe County Board of County Commissioners w/attached Brenda Grant-(fax 908-658-4785) M-K/GERRIlS ID:305-292-9697 FEB 04'94 15:26 No.007 P.Ol ~MORRISON /, ~~/.AAITS A JOINT VENT",. February 4, 1994 ~~ Norment Industries, W,S,A, Inc. & G.B. Manchester Corporation A Joint Venture 3224 Mobile Hghway Montgomery, AL 36108.4400 Attention: Mr. Chris Pounds Subject: Delay Costs Contract No. KJ-013, Security Systems New Monroe County Detention Facility Monroe County Capital Improvements Program Dear Mr. Pounds: P.O. DOX G283 KEYWES1; FLORIDA 33045-5283 1 f:LEPHONE: (305) 292. 7845 FAX; (305) 292.969'1 rial No. KJ-OC13-123 In accordance with previous correspondence Indicating that lack f perfonnance by your firm fs delaying the project, the costs the Owner will Incur begin .ng February 7, 1994, is approximately $19,700.00 per calendar day. A portion ofthoae oats will be attributed to your firm due to your lack of performance. If you have any questions. please call. Sincerely, MORRISON KNUDSEN/GERRITS A Joint Venture .~ Keys Project Manager LEKldas co: St. Paul/Seaboard Bond No. 400 JG 1089 7900 Xerxes Avenue So. ~1 000 MlnneapoDs, MN 55431 R-97" 305 292 9697 02-04-94 01:32PM POOl #25 , I' i' ! : J: II. ~ ~-: Nc)rment , ) . ,; 1.") :l()lCI' Iii 'I .'1 :,1"1')1" ItqlIWdY, It,li.JH ,Ll!);) :,1, ,"I'" >III. 'I Y l\idb,1I11il ': ~l : d.~t.l() (~) '; 1 ".. ~J ,,<.. ... . ~~~ Norrnp,tl l~kt';'; . (((I'" ~~~3:3 ~)j(3:) April 22, 1994 Board of County Commissioners Monroe County 500 Whitehead street Key West, Florida 33040 Re: Project Delay Claim/Change Order Claim New Monroe County Detention Center stock Island, Key West, Florida Dear Sirs or Mesdames: On behalf of Norment Industries W.S.A., Inc. and G.B. Manchester Corporation, a Joint Venture ("Norment J.V."), we are submi tting to Monroe County a claim for delay damages ("Delay ~ Claim") incurred during our work on the new Monroe County Detention Facility ("Project"). The total amount of the Delay Claim is $241,007.32. We also are submitting a claim for compensation due to Norment J.V. for additional work performed on the project pursuant to certain change orders issued on behalf of Monroe County ("Change Order Claim"). The total amount of the Change Order Claim is $38,424.00. Norment J.V. has now completed its work on the Project. Accordingly, we ask that Monroe County compensate Norment J.V. for the Delay Claim and Change Order Claim (collectively the "Claims"), which are described below. i I By Agreement No. KJ-013, Security Systems, dated Ap~il 1, 1992 ("Agreement"), Monroe County entered into a prime contract directly with Norment J.V. for the performance of securi~y systems work on the proj ect, as described in Bid Group 3,! Bid Package No. 13. The Agreement incorporated the General ' Conditions of the Contract for Construction (American Institute of Architects (AlA) Document A201/CM), as amended, suppl~mented and clarified by the Supplementary General Conditions. The Agreement provided that the work on the Project would be commenced and completed in accordance with the Section 00353 milestone schedule ("Milestone Schedule"). I By letter dated May 8, 1992, Norment J.V. was directed to proceed with its work on the Project in accordance with the Milestone Schedule originally issued on December 18, 1991. The Milestone Schedule, as originally issued, established that the --- ~e3jE-~ '.-.j Board of County Commissioners April 22, 1994 Page 2 fabrication and erection of the precast concrete structures for the Project would proceed contemporaneously with site preparation and site utilities work. This work was performed under a separate prime contract between Monroe County and Pomco Associates, Inc. ("Pomco"). As scheduled in the Milestone Schedule issued by Morrison Knudsen/Gerrits, A Joint Venture ("MK/G"), acting as construction manager ("CM") for the Project and agent of Monroe County, Pomco's work was directly on the critical path of Norment J.V's work. Pomco's work on the Project was delayed from the outset. For reasons unknown to and beyond the control of the Norment J.V., Pomco failed to commence and complete its precast concrete fabrication and erection work in accordance with the Milestone Schedule as originally issued. Consequently, MK/G, acting on behalf of the County, unilaterally revised and reissued the Milestone Schedule on April 19, 1993. MK/G communicated this revised schedule to Norment J.V. by letter of April 21, 1993. __ MK/G subsequently issued Change Order No. 01-013-003, which the~' Monroe County Board of County Commissioners approved. This extended Norment J.V.'s time to complete its work by 123 days. Thus, the County acknowledged that Pomco had delayed the work of Norment J.V. by the 123 days set forth in the Change Order and revised Milestone Schedule. Pomco's delays resulted in extended direct and overhead costs being incurred by Norment J.V. in completing its work on the Project. These extended costs are set forth in Attachment A. In performing its work on the Project, Norment J.V. entered into a subcontract with Industrial Construction Services, Inc. ("ICS"). Under Subcontract No. SIC 4063-01 ("Subcontract"), ICS furnished and installed certain conduits/raceways for the security systems work on the Project. The ICS work under the Subcontract also was delayed by Pomco. This resulted in extended direct and overhead costs being incurred by ICS in performing its work on the Project. The additional costs incurred by ICS are included in the Delay Claim, and are incorporated and separately identified as part of the costs described in Attachment A. In addition to the Pomco delays, other contractors performing work on the Project under separate prime contracts with Monroe County also delayed Norment J.V. from completing its work during the past ~our months. The National Detention Group, Inc. ("Noo"), along W1 th other separate contractors on t;' e Project, delayed Norment J.V. in completing and closing ut its work on the Project. As a result, Norment J.V. incurred'extended direct and overhead costs during the period November 1, 1993 through March 21, 1994. These costs are set forth in Attachment B. ! I Board of County Commissioners April 22, 1994 Page 3 Norment J.V. provided Monroe County with written notice of the additional costs it incurred, as well as those incurred by rcs, which resulted from Pomco's delays. The notice was initially provided by Norment J.V.'s letter of December 21, 1992 to MK/G, and then reaffirmed numerous times in subsequent correspondence. This included correspondence to MK/G on January 25, 1993: May 26, 1993: August 30, 1993: October 27, 1993: November 1, 1993: and December 9, 1993. rn each case, the letters from Norment J.V. asserted damages attributable to Pomco's delays. During this time, Norment J.V. proceeded diligently and expeditiously to obtain payment for the additional costs incurred as a result of Pomco's delays. These efforts, however, were frustrated by Monroe County's failure to cooperate with Norment J.V. in obtaining compensation for Pomco's delays. Norment J.V. expressly requested that Monroe County intervene directly as the Project owner to facilitate Pomco's reimbursement of the additional costs incurred by Norment J.V. and rcs resulting froa Pomco's delays. MK/G informed Norment J.V. that Monroe County refused to intervene. Norment J.V. also requested that Monroe County withhold sufficient contract funds from Pomco to reimburse Norment J.V. and res for their delay damages. Again, by its letter of December 15, 1993, MK/G notified Norment J.V. that Monroe County refused to withhold any contract funds from Pomco to compensate Norment J.V. and rcs for their delay damages. Monroe County breached its obligation to Norment J.V. under the Agreement by refusing and failing to take any steps toward facilitating pomco's payment of the delay damages incurred by Norment J.V. and rcs. By abdicating its duty to assist in resolving Norment J.V.'s delay claims against Pomco, the County deprived Norment J.V. and rcs of any reasonable opportunity to obtain compens~tion for those damages from Pomco. This derogation of its obligations under the Agreement leaves Monroe County responsible for compensating Norment J.V. and res for their damages incurred as a result of Pomco's delays on the Project. Article 6.2 of the Agreement establishes certain mutual responsibilities of the parties. Under Subparagraph 6.2.5, a contractor working on the project pursuant to a prime contract with Monroe County is required, upon receiving due notice, to promptly attempt to settle any wrongful delay or damage caused to another contractor. Subparagraph 6.2.5 also provides that a claim initiated to recover for delay or damage triggers other responsibilities on the part of Monroe County. Where a claim for delay or damage is initiated, Monroe County is obligated to pass Board of County Commissioners April 22, 1994 Page 4 the claim through to the prime contractor who caused the delay, who then would be required to reimburse the County for costs incurred as a result of the separate contractor's delay claim. Pursuant to Subparagraph 8.3.5 of the Supplementary General Conditions, the County represented to each prime contractor that it would hold the other prime contractors responsible for their delays to separate contractors on the Project. If the County refuses or fails to hold the separate contractors responsible for delay damages caused to other prime contractors, as provided under Subparagraph 8.3.5, the contractor suffering delay damage from another contractor on the Project is entitled to pursue its claim against County as the mechanism for securing compensation for the delays. The County's recourse is its right to indemnity from the delaying contractor provided under Subparagraph 6.2.5. The protection granted to Norment J.V. under these provisions was the basis for its agreeing to the extension of time as the remedy under Subparagraph 6.2.6 of the Supplementary Conditions. On behalf of Monroe County, MK/G directed Norment J.V. to proceed with its work on the Project in May 1992. This action was taken with the knowledge that Pomco would not be able to meet its scheduled performance under the original Milestone Schedule and that in proceeding with its work, Norment J.V. would incur additional costs as a result of Pomco's delay. By its letter to MK/G of April 27, 1992, Pomco had earlier notified the County that the precast fabrication work on the Project was delayed due to Pomco's financial problems. Despite these circumstances, the Milestone Schedule was not revised to recognize Pomco's 123 day delay of the Project until more than a year later. ~. By letters to MK/G, Norment J.V. subsequently notified the County of its delay claims against Pomco. Moreover, Norment J.V. specifically requested the County to intervene directly as the Project owner in order to insure that Pomco would be held responsible for Norment J.V.'s delay costs. In response to this request, Monroe County refused to intervene and then failed to hold Pomco responsible for the delay, thereby breaching the County's obligations under Subparagraphs 8.3.5 and 6.2.5 of the Agreement. Monroe County also refused and failed to withhold funds from Pomco, as Norment J.V. had requested, to cover the delay costs being incurred. The County refused to do so even though Pomco had earlier authorized Monroe County to withhold such funds from its contract payments to compensate other prime contract?rs fQr costs incurred by reason of Pomco's delays. The County fhereby breached its obligations under Subparagraphs 8.3.5 and 6~2.5 of the Agreement, and is now responsible for reimbursing Norment J.V. and ICS for the damages caused by pomco's delays. : ~ "----- -.----.-~---.- --.-..- ..__.____n_ -"'"'_~-~-- --- --':=-=>=.":"_~.'>;~-~;'~":;- ..____~_~ ---;:~-~-.-~=----'-'-_--=:L_- ~ __ ~._-'-'~:-- /'. Board of County Commissioners April 22, 1994 Page 5 Monroe County also is responsible for the extended direct and overhead costs incurred by Norment J.V. as a result of the delays of NDG and other contractors during the past four months. After the revised Milestone Schedule lapsed on November 1, 1993, the County abandoned its scheduling obligation under the Agreement. By failing to issue a new Milestone SChedule, or take other steps to insure that the remaining work on the Project proceeded diligently and expeditiously on a schedule, the County permitted the delays by NDG and other contractors on the Project to occur and accrue. As a result of this failure, Norment J.V. incurred further extended costs for these delays, as set forth in Attachment B. Monroe County also has not compensated Norment J.V. for the changed work on the Project performed at the direction of MK/G. Norment J.V. is due compensation for this Change Order Claim, as set forth in Attachment C. Finally, because Norment J.V. has now completed its work on the Project as required under the Agreement, we request that all funds held by the County as retainage under the Agreement be paid in full immediately to Norment J.V. The total amount of retained funds due to us under the Agreement is $79,710.03. In accordance with the foregoing, we request that Monroe County equitably adjust our contract and remit to us the total amount of $279,431.32 in payment of the Claims, as well as the retained funds due under the Agreement in the amount of $79,710.03. .. If you have any questions regarding these matters, please contact us at your earliest convenience. Sincerely, NORMENT INDUSTRIES W.S.A., INC. & G.B. MANCHESTER CORPORATION A JOINT VENTURE /: Attachments ~h 819~ = unj.n....; To: AcLm,'r"!;tr",,n'r GO?,! t-,,: C/,Oc.'s .;:!,'/e... c a l/,. ry <:t- f t;;. Fln,r..'ICc. D"r~cror _J III.. _Jhh~_ .-' -- I l ATTACHMENT A Norment Industries, Inc. Extended Costs/123 Days Pomco Delays Monroe County Detention Center MONTHLY EXTENDED ~XTENDED DIRECT COSTS COST PERIOD TOTAL Project Manager $1,916.67 4 mos. $ 7,668.68 Project Superintendent 4,117.10 4 mos. 16,468.40 Superintendent Per Diem 1,000.00 4 mos. 4,000.00 Office Trailer 143.11 4 mos. 572.44 Storage Trailer 79.00 4 mos. 316.00 Telephone 45.00 4 mos. 180.00 Miscellaneous Expense 45.00 4 nios. 180.00 Mail 80.00 4 mos. 320.00 Truck 400.00 4 mos. 1,600.00 utilities 150.00 4 mos. 600.00 TOTAL $31,905.52 .~. EXTENDED OVERHEAD COSTS Total (breakdown attached) $48,314.00 ICS EXTENDED COSTS Total (breakdown attached) $47,335.05 PROFIT (10%) Total $12,755.45 $140,310.02 TOTAL EXTENDED COSTS w. S A., INC. NORMENT INDUSTRIES FXi EflJDED Ov ERHEAD APPLICABLE TO THE MONROE COUNTY DETt:NTION CENTER i I ~ONRACT DATE. APRIL 1, 1992 ~CHEOULED COMPLETION - JULY 1,1993 PROJEOTED COMPLETION DATE. MAROH 21,1994 , elLUNGS ON THIS PROJECTTHAOUGH MARCH 1994 TOTAL BILLINGS FOR THE PE.RIOD APRIL 1,1992 TO MARCH 31,1994 , % OF BILLINGS ON THIS PROJECT TO TOTAL TOTAL OVERHEAD FOR THE. PERIOD AFRIL 1,1992 TO MARCH 31,1994 % OF BILLINGS ON THIS PROJEOT TO TOTAL OVERHEAD AlLOCA8LE TO THIS PROJECT NUMBER OF DAYS FROM APRIL', '992 TO MARCH 21,1994 DAILY OVERHEAD FOR THIS PROJECT EXTENDED OVERHEAD PERIODS UP TO NOVEMBER 1, 1994 NOVEMBER 1, 1993 TO MARCH 21,1994 DAYS RATE 123 $392.80 140 $392.80 TOTAL EXTENDED OVERHEAD $1,594,211 $65.009.522 ~:~M~ $11,527,513 2.45% $282,424 lli $.;3.9.2..8.Q "t. EXTENOED OVERHEAD $48.314 $54,992 $_tQ3...3_0J~ ICS Extended CostS/123 Days pomco Delays Monroe county Detention Center EXTENDED COST MONTHLY COST Foreman Superintendent Superintendent Rent Waste Disp. Trailer Trailer Telephone Miscellaneous expense Mail Truck utilities $1,562.19 4,017.06 600.00 100.70 88.90 137.80 45.00 45.00 112.82 650.00 150.00 SUBTOTAL EXTENDED OVERHEAD 8.5% PROFIT 10% TOTAL $7,489.47 x 4 = $3,268.50 x 4 = ,.,. $29,957.86 $13,074.00 $ 4.303.19 $47,335.05 EXTENDED DIRECT COST Project Manager Project Superintendent Superintendent Per Diem Office Trailer Storage Trailer Telephone Miscellaneous Expense Mail Truck utilities SUBTOTAL EXTENDED OVERHEAD COSTS Total (breakdown attached) PROFIT (l0%) Total TOTAL EXTENDED COSTS ATTACHMENT B Norment Industries, Inc. Extended Costs/140 Days NDG/Other Contractor Delays Nov. 1, 1993 - Mar. 21, 1994 Monroe County Detention Center MONTHLY COST $1,916.67 4,117.10 1,000.00 143.11 79.00 45.00 45.00 80.00 400.00 150.00 EXTENDED PERIOD TOTAL 4.6 mos. $ 8,816.68 4.6 mos. 18,938.66 4.6 mos. 4,600.00 4.6 mos. 658.31 4.6 mos. 225.40 4.6 mos. 207.00 4.6 mos. 207.00 4.6 mos. 368.00 4.6 mos. 1,840.00 4.6 mos. 690.00 -"t. $36,551. 05 $54,992.00 $9,154.30 $100,697.30 w. S A" lNO. NORMENT INDUSTRIES FX1 E~DED O....ERHEAD APPLICABLE TO THE MONROE COUNTY DETENTION CENTER ~ONRACT DATE - APRIL 1,1992 SCHEDULED COMPLETION - JULY 1, 1993 ;>ROJECTED COMPLETION DATE. MARCH 21,1994 I allLlNGS ON THIS PROJECT THROUGH MARCH 1994 TOTAL BILLINGS FOR THE PERIOD APRIL 1.1992 TO MARCH 31,1994 I . 1lk OF BILLINGS ON THIS PROJECT TO TOTAL TOTAL OVERHEAD FOR THE PERIOD APRIL 1, 1992 TO MARCH 31, 1994 % OF BILLINGS ON THIS PROJECT TO TOTAL OVERHEAD ALLOCABLE TO THIS PROJECT NUMBER OF DAYS FROM APRIL 1,1992 TO MARCH 21,1994 , CAlLY OVERHEAD FOR THIS PROJECT EXTENDED OVERHEAD PERIODS UP TO NOVEMBER 1, 1994 NOVEMBER 1,1993 TO MARCH 21.1994 TOTAL EXTENDED OVERHEAD DAYS 123 140 RATE $392.80 $392,80 $1,594,211 $65,009.522 ~..~~q $11,527,513 2.45% - .... $282,424 719 $.;3.9.2...8.Q EXTENDED OVERHEAD $48.314 $54,992 S.1.Q3..3~Ja ATTACHMENT C Norment Industries, Inc. Uncompensated chanqe Orders Monroe County Detention Center Proposal Submitted Chanqed Work Cost 4063-02 2/25/93 Relocate Door A2079 $ 1,320.00 4063-03 3/30/93 Add: 2 Intercom/ Card Access/Monitor 21,589.00 4063-04 5/14/93 Add Wing Wall at Door 714.00 C 2023 4063-05 10/7/93 Add Controls: 2 Roll up doors 5,899.00 .. 4063-06 10/7/93 Add Controls: 2 Gates 3,260.00 4063-07 11/12/93 Add Micro Touch: 4 Locations $ 5.642.00 TOTAL $38,424.00 A Joint Venture P.O, Box 6129.36;6-0'29 3224 Mobile Hlgrwa,/36 1 08-~400 Montgomery, AlaDa~a 205/281 -8440 Fax 205/288-5485 r-:! FD FOR RECr Norment Norment Industries W.S.A.. Inc. and GB ".Iancnes:er CC':;='..1t"=., .94 JUN -2 P 3 :1 N ~~; CLh L May 24, 1994 :'1JriROC ::r'U' Morrison - Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: MKlG letter KJ-OC13-129 Training tapesNCR FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-186 Dear Larry: In response to my conversation with Pat Jennings Friday, I have attached 2 copies of the Security electronics training as requested and the 30 blank tapes are being sent under separate cover by Gary Robinson to Bobby Biondo today. As a follow up to our letter KJ-IC13-185 dated 5-6-94 , we understand all items on the new list which were called "Outstanding Punchlist Items" in your 5-6-94 letter have been signed off by Jay as being the responsibility of others or completed except the request for written report of the quarterly inspection. Please see attached report made on 4-28-94 by ICS and follow up response showing corrections and actions taken to remedy the items listed. Please note that the cleaning of glass on cameras especially exterior is not a warranty function but a standard maintenance item to be done by others. At this time we are unaware of why retain age and fmal payment per our contract is still being withheld. Please expedite final payment including retain age and payment for the outstanding directives. The more recent call concerning the VCR made by Pat Jennings is being handled by G.B. Manchester direct. Per my conversation with Gary Wa11eson yesterday, he advised us that he would call Bobby Biondo to confirm when they were coming to the jobsite or how they would get the software added to record. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture t~A~ Chris A. Pounds Project Manager c.c. Gary Robinson w/attached Allen Hardy w/attached Main -4063-4 Monroe County Board of Commisioners w lattached Gary Walleson-G.B. Manchester w/attached 206-944-1830 c~-' ~4J~" ~~~ c,. ~~ r- I TEL: ,.. c-, ~;: Apr 29 94 10:09 No.OOl P.~ i) " . -rh~(t.. lJJA-~ ~ lW1C. a.VV'\~,^.4c ~ : sh()~W" IN ~ ~~ pOEa\~~~, : -"",t. .G.C I M,/ ~:r ~~J & >ts-k(tV) (V\~r6t(1. C4!o1~t.ln : ~J~ (n~~ Cc&x)J~~) ~ V(.~eo ('""'~t.;~("(. ; c4tJ(,~1 e\l(('-t-u'CtJ1 (ot)Q~ ~Nf-. ~ if ;:~ .. ro !s.. ;r. !p; ;- 'P 'i.\; b?!' /...~". I-~~' t1'll'J~ ~ ! :-;'. ~ '; 4 ,~. 'j;' c..l.oo <'\ d' ,~ ~<'O,-"", ~-\- 1 ";~ -rc ") ~t ~ 'i(\ ~" ~ \~ c~C?ra..+.o~ of ~ ~'-.I.~ ~<"~~.J ~ ~RU('(,J. ~ l.ac. ~C~l "'i -t=f ~e. --r-hc{"t. lWe('4- ((5) ~.{~4!N l~V'r\:S ~J VJ(!.("~ : bv'D41n-t o<..u~ ~ vnc.~~ eOt.Aor\ty I -rhei .:o.(e. IN ~ .rc.\~cWl'^i fPcie:.. J ~ .~ I: :.; "l~; :r~~.. :t~" r" .- 3,. '.n-,:: . ~.!.~ ;'~2~ i .....ri:';. t."'.... .. ,.f' j , ;~i~~! ".i~.' 'If" ~ 'or.' Ii .~*' ~ t i '~: '~ :; 4 ... ., :1 ., ~ 1" , "!~"'! . r-~~ ,..... t~ .,j ".". >~(. "..[ . et.S. ~ '..: ..' " I, .' j ., 'O_(},.C!t__~ , I ."\ .. ,. ""''' "t .... _ : ~ . " n n "'\ "'" ,'\...,-.-- R-9S" TEL: Apr 29 94 10:1~_~~1 P.04 - Go"~~ _vM-~ C-.\\-z~(,,'1 :!:,C:S- ~ QWlr~k7 \e~--r i ~ ,-tern) were:. qNer-. bV .(..h(,. .p~L : Ll6i U1 ..rh" ~~ 6C.r(."~MS p.;~ P("~((.~) . ~t\r 1Ir \ S' \(\O.\- l.A.)~\~ we \.\ i The('~ a..f'~r":) -to l.ot!.. fSo~ ~C\~) ~ ~<.. l~ns ~: Cttmer"'t d:'~~ ~~ v...x>( ~\'^' ~Q.{.\. ~ T (!n~~ \'\.) l \- o.ef'("~J ~ ~~ ~\.Je ~ ; Ca.m1l1A. is ('1, cl~e':) V\()~ .p~ ( ~\~. : ~L VnQ~(' OffeM~ ~ ~ ~(O\.(..~, \'A\~ !WAc~ r~f~r~J O'"'~ G.V((l.i~, b, \j~c.o~. ': ;.) . . .. , '; Co.m.,.,e, ~b~ I No G.mdt>- s1: Camcr~ ~ L.~ I BAJ <;>l(..~~(c! ; ~~ ll("lS V\Q~ W()(,,\.~{ ft'(1)fbrl, ,) ! CaVYV1( f).. ~:2 r{ I . B~ ?.:(. ~(" '. ~~--to (((s V\u~ uJO(~\~ ~fOf<<hr 1'; CAm(l(A ~c5"i, B~ ~~rt- : ~..l \ "'(, 'r .Gu.~ co<(t!~'1 ./: . 1)i: (,a.V'f'<t,(~ ~~.. I l~ ~e.~ ~o ~\?~ <.A.d=>. '. Ca.rY1~('A: Vla. ') (Pc., VYlO\l~ (h\.\- W~) bO\.~f?k"'~L\ ') , , (~ .1 _ "'l ('1 _ 0.. t I', ", I, .. II " ...'"""' TEL: Apr 29 94 10:09 No.DOl P.03 ~(~~~ 'I.Oe.~ .. .c;?~ o."'~ ~.f'. \.).J'~ ~a..,,~\ 41;- :z) :cc~ Ct\~(1). ~q\ E~V~-t.D(. . 1-JteJ>. +0 k c.\vc.\?~ O~ --b ~ . a.bc f'~ffJ~ krt.e.Vc,\ c..~ (S ck . C~. (o~- ~ ~ ~b) . ~ 'D ;;>~'N~ D~o('\ \~ ~",2. ( 0 'r\\'1 ~ '> 0... p<\\ C4\~. :rV\~\\JJ~~ MfJi' ~!'I<<) V\<<J ~ l.::.c. C?~~.., \~. c.~O~O ~(Je(' ~~ \AC,J,,; e~c. ~l\ ~~ ~'1' ~~~") (~ d~) G\.~( ~<<- WA7 ~L~ ~~) t \-- dtJ~) Vt01-- T..} ~~ fo beE.. ,..., ~h(.. ~~J, cf ~ Jal/y were. ~'- ptU~VV\. (':)..,. \ i) B G \o~o A. (V'l-tercC)~ f.-J<' ~ wo<~"'~) rm~.. ::tA~cr("'c:b~ ,^<<c2~ ~ Cae.. rt.f'<<.~J \~ 8:ccu'=t'3 (V\-tc('(O'M.'\ 4(1t. o~ ~~ ~..I')<'~~' -s.~( otf' ; ~ dDol' Wh~.J '7'0""' c:::",ll \~ ~.p. . S"c..o\-tc..'- -r~(W1(U~l.~ Q,.~ ~ t:-f.. ~c",\ ~~. \4.) DLlr~,> ~'Vf'(' ~ J.~<' c..~. \0"'2..'-..\ 9Qe'~ 0\..1 e ok.f ,..,..h.~~ ~~i ~l.: o.f.?.. I ')) D u.. (" ~ S) I'" :$'''' \ l'7 ft"lr ().. ~ 004. '" " 0 '" "" 0 '-l ~ a <+ '. w\~o~ b e\ \J 5 ~e.-t-- o.ff=. !L-ijl~ ,.,... . . 04-?C}-Q4 In. '-"'H~ '-. . , l;'': :'. ~ . . ii' .. t" : i;~ I . ,'1 ~.l . . ,., I ;J '; ,. ;, :-.'" ,ii. >;. .:-. . ~ . . ~f. . "1.' ,. y \ ;, . . ..,........ pnn1 tf,,, R-97" ~Y-23-94 MON 14:40 IMPERIAL SYSTEMS. INC. 20~2a~6691 P.l2J2 Response to Monroe County punch list dated 04/28/94. Item # 1. Cleaned glass on front of housing. Item # 2. No problem found. ( All exterior cameras should have the housing glass cleaned periodically.) Item # 3. Replaced panlfilt unit. Replacement unit has a different problem but working at present. Gaty Robinson is aware of problem. . Item # 4. Removed camera for factory repair. Item # 5. Cleaned housing glass. Focus from touch-screen very slow but Is functional. Item # 6. (No problem found.) Item #- 7. Adjusted focus. Focuslrom touch-screen very slow but is functional. Item #8. At> d /d1\ ~ b I",~+~s Not WB"Snty problem. v~ IC ~") ~ . GoA'I.. ;,.J -n-A\lt( (Alolt 1, MOulr, f.Lt,,^4-ot., . Item # 9. ~ -h\ l f\A r {,,. yrrtc..fi"o.I. COAX on travel cable broken. ~ t-^ '4 ~ +c (.oN (.f ,',OW i Item #- 10. Replaced paging amplifier. The one bad amp was affecting all paging zones. Item #- 11. (N/A) +- ~b b ~^e.J)lVAl~ 1'N\.\CM. Item #- 12. Not warranty. Completed by others. Item" 13. Co"ected wiring problem on 245 switchbsnk. Item # 14 & 15. No problem found. If problem occurs again the unit involved will be swapped with spare units. 2052856691 g, e (,J/JC :CJ-Z- 05-23-94 02:50PM P002 #28 Norment Industnes W.S.A.. Inc. and G.B. Marchester COfc:or:: 0:' A JOint Venture P.O, Box 6129,36106-0129 3224 Mobile Highway, 36108-4400 Montgomery. Alabama 205/281-8440 Fax 205/288-5485 Norment :?: \d -,., 0 ':..:~'-. ~ :z: " ,,-. m ~("-; z ~- :T. c- o .'-T"~. ' ....... ~ -~ ,'-'-, I ~~-" '. - N '"' -....- :z: :r.: -0 .r" ~.~ W r-; . . '-' - N ......- ~.- - May 26, 1994 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Final Payment F AJ(: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-187 Dear Mr. Keys: By letter of April 22, 1994, I notified the Monroe County Board of Commissioners that Norment Industries W.S.A., Inc. & G.B. Manchester Corporation, a joint venture ("Norment lV."), completed its work on the Monroe County Detention Facility ("Project") under its prime contract with the county, and requested that all funds retained under the contract be released. Prior to this request, MK/Gerrits had issued the final punchlist for the Project, which was attached to the certificate of substantial completion. The items on the final punchlist for which Norment J.V. was responsible were previously resolved. Nonetheless, I understand that MK/Gerrits has been issuing further punchlists and demanding that Norment J. V. address additional items beyond those already resolved on the final punchlist. This is an unacceptable sequence for closing out the contract for this project. MKlGerrits issued a final punchlist for the Project, informing Norment lV. of the steps Monroe County would require before releasing the retained funds. Because Norment l V. has complied with the final punchlist, it is improper for Monroe County to continue withholding the retainage from Norment lV. c~ ft : ~~~ to. aPf. Morrison-Knudsen/Gerrits May 26, 1994 Page Two Despite this, Norment lV. has resolved the issues raised in your recent letter KJ-OC13-129, and is willing to discuss any remaining concerns. However, the funds retained by Monroe County under its contract with Norment J.V. must be remitted to us immediately. I request that you take all necessary steps to accomplish this without further delay. Sincerely, Norment Industries W.S.A., Inc. ,. Jon Lucynski Vice President JRL/cl c.c. Chris Pounds Monroe County Board of Commissioners Norment Industries W.S.A.. ire. and G.B \1ancnes:er C"r;:c,c; .' A JOint Venture P.O. Box 6129 36186-0129 3224 Moolie Htgh'.'1av. 36108.':-+00 Montgomery Aiabama 205/281 .8440 Fax 205,288-5485 Norment June 3, 1994 ::;: ~ " w :z: .' f"T\ :-e c: .. 0 c.... ~ '-r~ I -' ,....- ...~.~ -J ".~,~ -:r) "'... -0 '''l N , 0 C :n -.I ,~ .' Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Final Payment Follow up #2 FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-189 Dear Mr. Keys: As of this date, we have not received your response to our May 26, 1994 letter KJ-IC13-187 attached. Please consider this letter a follow up as your immediate response is still needed. We also acknowledge receipt of your May 24, 1994 letter received and disagree with its contents as the owner has accepted and taken beneficial occupancy. The notations that the Architect has not found the work acceptable is not relevant as to why our retainage is still being withheld along with final payment. All remaining directives that have been outstanding for several months have still not been addressed. We do not consider it a reasonable to use unissued changes as a reason to hold our contract open when Morrison Knudsen has made no visible effort to resolve any outstanding directives until your letter of May 10, 1994 that was for a proposal dated back in November oflast year. We are currently awaiting confirmation from our subcontractor that he agrees to the reduced amount in order to sign and return the Change Order #5. However, the timing of the issuance of this change order should not be used as a means for delaying closeout and final payment. Norment has been available and given very reasonable and fast response throughout the project to discuss, work out or resolve any issues in order to come to an immediate resolution. {I~ Xi>: ~.kn~~. ~. ~. a4 ~h~ Page 2 of2 Letter to MKlGerrits Dated 6-3-94 However, MKlGerrits has delayed many issues due to lack of response or due to very untimely responses thus delaying our work and our payments. Please advise what your schedule is to get to the other remaining directives and delay costs that have yet to be addressed. We have people available as always to sit down, go to the project to view, or whatever is necessary to get these issues addressed and get all payment released that is very much overdue Norment. Pat Jennings verbally told us that his orders were to close out our contract as quickly as possible the first part of May. How can Norment expedite this process, It appears very unprofessional or either a deliberate action to simply allow retainage to still be held with no reasonable justification. Norment has not yet once refused to meet their warranty obligations and even address items called puncWist after the jail was occupied. Please advise when a working session can be scheduled to have Rob Marchetti and/or someone from Norment sit down to resolve and come to final resolution of these outstanding items instead of it dragging on for another several months. Why can't retainage be released while we are waiting on MKlGerrits to find time to issue change orders or work through remaining issues since a bond was given for this project, and Norment has not been unresponsive to any of the County's needs to date? Sincerely, Norment Industries W.S.A., Inc. JRL/cl c.c. Chris Pounds Monroe County Board of Commissioners Legal Council Norment Indus:r:es 'N.S.A. Inc. and G a ~,13"',=~p's,e~ ':;~:C"::. :- A JOint Venture P.O. Box 6129 36106-0129 3224 Moolle Hlgnway. 36 ~ ca.~~oo Montgomery, Alabama 205,281-8440 Fax 205/288-5435 Norment May 26,1994 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Final Payment FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-187 Dear Mr. Keys: By letter of April 22, 1994, I notified the Monroe County Board of Commissioners that Norment Industries W.S.A., Inc. & G.B. Manchester Corporation, a joint venture ("Norment lV."), completed its work on the Monroe County Detention Facility ("Project") under its prime contract with the county, and requested that all funds retained under the contract be released. Prior to this request, MK/Gerrits had issued the final punchlist for the Project, which was attached to the certificate of substantial completion. The items on the final punchlist for which Norment J.V. was responsible were previously resolved. Nonetheless, I understand that MK/Gerrits has been issuing further punchlists and demanding that Norment 1 V. address additional items beyond those already resolved on the final punchlist. This is an unacceptable sequence for closing out the contract for this project. MK/Gerrits issued a final punchlist for the Project, informing Norment 1 V. of the steps Monroe County would require before releasing the retained funds. Because Norment J.V. has complied with the final punchlist, it is improper for Monroe County to continue withholding the retainage from Norment J.V. Morrison-Knudsen/Gerrits May 26, 1994 Page Two Despite this, Norment lV. has resolved the issues raised in your recent letter KJ-OC13-129, and is willing to discuss any remaining concerns. However, the funds retained by Monroe County under its contract with Norment J.V. must be remitted to us immediately. I request that you take all necessary steps to accomplish this without further delay. Sincerely, Norment Industries W.S.A, Inc. ,. Jon Lucynski Vice President JRIlcl c.c. Chris Pounds Monroe County Board of Commissioners Norment Industries W,S.A.. Inc. and G.B. r,J1anchester Corpora"cn A Joint Venture PO. Box 6129,36106-0129 3224 Mobile Highway, 36108-4400 Montgomery, Alaoama 205/281-8440 Fax 205/288-5485 Norment June 1, 1994 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Final Payment Follow up #1 FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-188 Dear Mr. Keys: As of this date, we have not received your response to our May 26, 1994 letter KJ-IC13-187 attached. Please consider this letter a follow up as your immediate response is needed. Sincerely, Norment Industries W.S.A, Inc. ~~/- Jon Lucynski Vice President JRL/ cl c.c. Chris Pounds Monroe County Board of Commissioners Norment Ina~str'~s W.S.A. Inc. ana 'J ::. ~,:a"-::"~s:i!~ ':..;~:'=~::: .:~ "" .JOInt Venture ~.O. aOlC 0129. ~5~C5.C~29 3224 Moolle H'c;r:'Nav. 36 ~ ca...;,.:.cc MO"lC;jOmel',. ':'laca~a 20Si261.84M) Fax 205.'268-50185 Norment May 26, 1994 Monison-KnudsenlGerrits 5090 College Road KeyWest, FL. 33040 SUBJECT: Final Payment FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-187 Dear Mr. Keys: By letter of April 24 1994, I notified the Monroe County Board of Commissioners that Norment Indusnies W.S.A., Inc. & G.B. Manchester Corporation, a joint venture ("Norment IV. "), completed its work on the Monroe County Detention Facility ("Project") under its prime contract with the county, and requested that all funds retained under the contraCt be released. Prior to this request, MKlGerrits had issued the final punchlist for the Project, which was attached to the certificate of substantial completion. The items on the final punchlist for which Norment I. V. was responsible were previously resolved. Nonetheless, I understand that MKIGerrits has been issuing further punchlists and demAnding that Norment I. V. address additional items beyond those already resolved on the final punchlist. This is an unacceptable sequence for closing out the contract for this project. MKlGerrits issued a final punchlist for the Project, informing Norment IV. of the steps Monroe County would require before releasing the retained funds. Bean5e Norment I. V. has complied with the final punc~ it is improper for Monroe County to continue withholding the retainage from Norment I.V. Morrison-Knudsen/Gerrits May 26, 1994 Page Two Despite this, Norment J.V. has resolved the issues raised in your recent letter KJ-OC13-129, and is willing to discuss any remaining concerns. However, the funds retained by Monroe COUDty under its contraCt with Norment J.V. must be remitted to us immediately. I request that you take an necessary steps to accomplish this without further delay. Sincerely, Norment Industries W.S.A., Inc. ,. Jon Lucynski Vice President J1UJcl c.c. Chris Pounds Monroe COUDty Board of Commissioners Norment i~,aus,r'es WS.A.. ire. ana G.B. \1anches~er C;~rCCi:1.:0~-' A JOint \jenture PO Box 6129 :06106-0129 3224 MODlle Hlgnwav 36108.':':00 Montgomery. A,abama 205,281.8':..)0 Fax 205,288-5':85 Norment "r -? Q :z: \C -" ~ - ,-" e D 2: ... 0\ .~ ::c:::. Q:) N -'- , 0'\ - .:.? - June 3, 1994 Morrison- Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Final Payment Follow up #2 FAX: 305-292-9697 Attn: Larry Keys RE: Monroe County Detention Facility Letter KJ-IC13-189 Dear Mr. Keys: As of this date, we have not received your response to our May 26, 1994 letter KJ-IC13-187 attached. Please consider this letter a follow up as your immediate response is still needed. We also acknowledge receipt of your May 24, 1994 letter received and disagree with its contents as the owner has accepted and taken beneficial occupancy. The notations that the Architect has not found the work acceptable is not relevant as to why our retainage is still being withheld along with final payment. All remaining directives that have been outstanding for several months have still not been addressed. We do not consider it a reasonable to use unissued changes as a reason to hold our contract open when Morrison Knudsen has made no visible effort to resolve any outstanding directives until your letter of May 10, 1994 that was for a proposal dated back in November oflast year. We are currently awaiting confirmation from our subcontractor that he agrees to the reduced amount in order to sign and return the Change Order #5. However, the timing of the issuance of this change order should not be used as a means for delaying closeout and final payment. Norment has been available and given very reasonable and fast response throughout the project to discuss, work out or resolve any issues in order to come to an immediate resolution. c~~': "~..Nn~ ~ ,&. ~. t'/o ~~ Page 2 of2 Letter to MKlGerrits Dated 6-3-94 However, MKlGerrits has delayed many issues due to lack of response or due to very untimely responses thus delaying our work and our payments. Please advise what your schedule is to get to the other remaining directives and delay costs that have yet to be addressed. We have people available as always to sit down, go to the project to view, or whatever is necessary to get these issues addressed and get all payment released that is very much overdue Norment. Pat Jennings verbally told us that his orders were to close out our contract as quickly as possible the first part of May. How can Norment expedite this process. It appears very unprofessional or either a deliberate action to simply allow retainage to still be held with no reasonable justification. Norment has not yet once refused to meet their warranty obligations and even address items called punchlist after the jail was occupied. Please advise when a working session can be scheduled to have Rob Marchetti and/or someone from Norment sit down to resolve and come to final resolution of these outstanding items instead of it dragging on for another several months. Why can't retainage be released while we are waiting on MKlGerrits to find time to issue change orders or work through remaining issues since a bond was given for this project, and Norment has not been unresponsive to any of the County's needs to date? Sincerely, Norment Industries W.S.A., Inc. JRL/cl c.c. Chris Pounds Monroe County Board of Commissioners Legal Council Norment Indus:r:~s 'N,S.A.. Inc, and G a ~"a~::~,:;s,e~ ':~~:'':''::' :~ A JOint Venture P.O. Box 6129.36106.0129 3224 Moolle H.gnway, 361 Co,,,;,,,;,OO Montgomery. Alabama 205,281-8440 Fax 205/288-5..85 Norment May 26, 1994 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECT: Final Payment FAX: 305-292-9697 Attn: Lany Keys RE: Monroe County Detention Facility Letter KJ-IC13-187 Dear Mr. Keys: By letter of April 22, 1994, I notified the Monroe County Board of Commissioners that Norment Industries W.S.A., Inc. & G.B. Manchester Corporation, a joint venture ("Norment 1.V."), completed its work on the Monroe County Detention Facility ("Project") under its prime contract with the county, and requested that all funds retained under the contract be released. Prior to this request, MK/Gerrits had issued the final punchlist for the Project, which was attached to the certificate of substantial completion. The items on the final punchlist for which Norment J.V. was responsible were previously resolved. Nonetheless, I understand that MK/Gerrits has been issuing further punchlists and demanding that Norment J. V. address additional items beyond those already resolved on the final punchlist. This is an unacceptable sequence for closing out the contract for this project. MK/Gerrits issued a final punchlist for the Project, informing Norment 1. V. of the steps Monroe County would require before releasing the retained funds. Because Norment 1. V. has complied with the final punchlist, it is improper for Monroe County to continue withholding the retainage from Norment 1.V. Morrison-Knudsen/Gerrits May 26, 1994 Page Two Despite this, Norment lV. has resolved the issues raised in your recent letter KJ-OC13-129, and is willing to discuss any remaining concerns. However, the funds retained by Monroe County under its contract with Norment J.V. must be remitted to us immediately. I request that you take all necessary steps to accomplish this without further delay. Sincerely, Norment Industries W.S.A, Inc. ~ Jon Lucynski Vice President JRUd c.c. Chris Pounds Monroe County Board of Commissioners Norment Industries W,S.A.. Inc. and G.B. Mancnester C/coc c'-'~C' A Joint Venture P.O, Box 6129,36106-0129 3224 Mobile Highway. 36108-.1400 Montgomery, Alabama 205/281-8440 Fax 205/288-5485 Norment August to, 1994 Morrison-Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECf: MK/Gerrits Letter KJ-OC13-i?5 . F~: 305-292-96~c - ~ Attn: Larry Keys = c::: CJ " RE: Monroe County::DetentioILFaci~ Letter KJ-IC1~T93 0'1 i"_~~l Dear Larry: V N , (.j In response to your letter dated August 9, 1994 (KJ-OC13-135) which was faxed to ~this morning, please refer to item number 2 of our letter KJ-IC13-192 to Pat Jennings that was faxed yesterday to MK/Gerrits which specifically addressed this item. Again we notice, MK/Gerrits is still trying to use the term punchlist items inappropriately. Prior to this request, MKlGerrits had issued the final punchlist for the Project, which was attached to the certificate of substantial completion. The items on the fmal punchlist for which Norment J.V. was responsible were previously resolved. This item was not on a January 28, 1994 punchlist as it is being represented by MK/Gerrits attached letter. This item was not even brought up by MK/Gerrits in any documentation until May and it was resolved in a timely manner several months ago. Please advise why MK/Gerrits put the date of 1/28/94 in the top left hand corner when it was not on a 1-28-94 list? In my conversation with Pat Jennings on 8-8-94, he advised me that MK/Gerrits was directed to withhold money from contractors to make sure they met their warranty obligations by Monroe County. I advised Pat this was acceptable as it was not a part of our contract. Your letter dated August 9, 1994 appears to confIrm that Pat was being truthful in his comment to me. Please advise immediately when fmal payment will be forwarded. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture (~/~ Chris A. Pounds Project Manager ~OfJ/e.s t'"O: F/JQ/>ce, O/v. CO, ;:Jt-ty. c.c. Main-4063-4 Monroe County Board of Commissioners Norment Industries W,S,A.. Inc, ana G.B. 'i'arc:'esler C')f;CC):~" A JOint Venture P,O. Box 6129,36106-0129 3224 Mobile Highway. 36108-4400 Montgomery, Alabama 205/281-8440 Fax 205/288-5485 Norment August 18, 1994 Morrison- Knudsen/Gerrits 5090 College Road Key West, FL. 33040 z Cl :z: ;.- SUBJECI': MK/q;~~ ~ Letter KJ -OCcl-?t36 ~ FAX: 305-292-@j:7.. :z: "'- ~ ~-j - . -0 '-r; RE: Monroe Co~ty'peten~n FaE!lity Letter KJ-I~13:,,194 ~ ;~ 'R -1"1 rr, CJ . T'~ ~ c; :r; Attn: Larry Keys Dear Larry: In response to your letter dated August 11, 1994 (KJ-OC13-136) , please refer to the attached letter dated August 17,1994 from G.B. Manchester. Please advise according to specification why MK/Gerrits believes the VCR hook up is not complete and reference the specific specification paragraph that clearly outlines why MK/Gerrits is stating we are not in conformance to the contract documents. We disagree with MK/Gerrits that all outstanding Changes as listed on the attached breakdown as outstanding have been resolved as these are legitimate changes to our work. Please advise immediately when fmal payment will be forwarded and these outstanding changes addressed appropriately by giving us a change order for them. Sincerely, Norment Industries W.S.A.,Inc. & G.B. Manchester Corporation A Joint Venture {!4A~ Chris A. Pounds Project Manager c.c. Main-4063-4 Monroe County Board of Commissioners C~fi" , y.,~ &. CU&;. Norment industries W.S.A., Inc. and G.B. ~v1ancnesler Corpor3(:un A JOint Venture P.O. Box 6129,36106-0129 3224 Mobile Highway, 36108-4400 Montgomery, Alabama 205/281-8440 Fax 205/288-5485 Norment ~ o z :; Xl -:z ~~~ \Ci ~ -'l f'T1 August 30, 1994 ,- z"T C/) CB I 00 -0 W .:.;. w Morrison- Knudsen/Gerrits 5090 College Road Key West, FL. 33040 SUBJECf: MK/Gerrits Letter KJ-OCI3-137 FAX: 305-292-9697 Attn: Pat Jennings RE: Monroe County Detention Facility Letter KJ-IC13-195 Dear Pat: In response to your letter dated August 26, 1994 (KJ-OCI3-137) , we have discussed this letter with G.B. Manchester. In review of your letter which lists the specifications pertaining to the control of the video system by the touchscreen terminals, the only parameter of these specifications that could be interpreted as not being met is that the VCR on/off controls are only at terminal #1 and not at all the terminals. I have talked with G.B. Manchester and they have agreed to come down and modify the system so that the VCR on/off switch is present on all terminals in order to resolve this one outstanding issue. The switch will turn the VCR on and off and the camera that will be recorded will be the video presently going to monitor #1. Please forward written confIrmation that MKIGerrits and the County will consider all contractual obligations fully met concerning the touchscreen system once the above procedure is performed. Upon receipt of this written confirmation from MKIGerrits, G.B. Manchester will schedule their trip to Monroe County immediately. If you do not agree that this is the last outstanding issue that concerns touchscreens, please send a concise list of any additional requests to modify the touchscreens or any other requirements concerning touchscreens and I will forward it to G.B. Manchester for their response. In view of the comments in your letter, we also discussed the outstanding change order requests with ICS. ICS and Norment disagree with the reasons stated in your letter for not paying for the outstanding changes. In each case, ICS or Norment performed changed or additional work in accordance with directions received from MKIGerrits. This work was not required under the original contract. As we have previously indicated, ICS and Norment incurred additional costs to perform the extra work that MK/Gerrits directed. In each case of Pomco's delays to the work of ICS and Norment, we agreed to the change order for a time extension only because we expected Monroe County to fulfill its contract duties. The County was obligated to cooperate and deal with us in good faith in recovering compensation for our delay damages. The County has failed to do so and our claim for the County to pay for these damages has not been paid. Page 2 of 2 Letter to MK/Gerrits Dated 8-30-94 As we have repeatedly, we ask again for final payment of the funds due to us under the contract to be released and ask for payment for the work done under the changes directed by the County. Sincerely, Norment Industries W.S.A.,lnc. & G.B. Manchester Corporation A Joint Venture (!4A~ Chris A. Pounds Project Manager c.c. Main-4063-4 Monroe County Board of Commissioners 4o/e.s to: ;=; /J rzn c ~ L;,. ;4rty. SPRIGGS & HOLLINGSWORTH ATTORNEYS AND COUNSELORS 1350 I STREET. N. W. NINTH FLOOR WASHINGTON. D. C. 20005-3305 TELEPHONE:(202) 898-5800 TELECOPIER:(202) 682-1639 CABLE: SHWSH WI LLIAM ..J. COPLE III WRITER'S DIRECT DIAL No. 898- March 13, 1996 Wayne LaRue smith, Esq. Morgan & Hendrick 317 Whitehead street Key West, FL 33040 Re: Norment Industries W.S.A., Inc. v. Monroe County, Fla. CIV No. 94-10070. USDC/SD FL Dear Mr. Smith: In accordance with the Settlement and Release Agreement, enclosed are the contractor's Affidavit of Payment of Debts and Claims for the new Monroe County Detention Facility ("Project"); contractor's Affidavit of Release of Liens for the Project, each of which have been executed on behalf of Norment Industries, W.S.A., Inc. and G.B. Manchester Corporation, a Joint Venture. Also enclosed is a Final Waiver of Lien executed by Norment Industries, W.S.A., Inc. As requested, we have also forwarded an original copy of the Settlement Agreement to Norment Industries for signature. As you have indicated, we understand that Norment's execution of the Settlement Agreement will not modify, alter, or otherwise affect the Settlement and Release Agreement executed on behalf of the parties. We will forward to you the executed original copy of the Settlement Agreement as soon as it is received. Enclosure WJC:cjw ----,.... ~.~, ;,. t -.,j EO: f7 d ~ l tJdV 96. p,., ...' ,1 ; lJ_:riU FINAL WAIVER OF LIEN State of Alabama County of Montgomery WHEREAS the undersigned (Lienor) has a Contract dated April 1, 1992 with the Monroe County Board of Commissioners to furnish Security Systems for the premises knows as The New Monroe County Detention Facility; and the undersigned, for and in consideration offinal payment in the amount of Ninety Thousand Dollars and NoIl00's---------------($90.000 00) dollars, does hereby waive and release any and all lien or claim of, or right oflien of Lienor arising out of or by reason of Lienor having furnished labor, materials, and/or supplies pursuant to a Contract with the Monroe County Board of Commissioners, incorporated or to be incorporated in the property, and represents that all labors, materials, men, supplies, and Subcontractors dealing with Lienor have been paid in full. This Lien Release is expressly conditional upon receiving the above referenced payment and on the Monroe County Board of Commissioners not filing for bankruptcy in the 90 days following payment. Executed this /2 day of M"" (2 C /./ , 19 91- Norment Industries W.S.A., Inc. q(#(~T- ~ -M Sworn and subscribed to before me this /;1 .- day of 0/11:21 ~ , 19 9 h L/n~(!.~ Notary Public ljh/ /tf(p . My commission expires: 1\ CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS ~,,:( OWNER 0 ARCHITECT 0 CONTRACTOR 0 SURETY 0 OTHER AlA Document G706 TO (Owner) I" Monroe Co. Board of Commissione~ 500 Whitehead Street Key West, FL 33040 L ARCHITECT'S PROJECT NO: CONTRACT FOR: KD-013 Security Systems PROJECT: (name, address) -.J CONTRACT DATE. New Monroe County Detention Facility 5501 College Rd., Stock Island, Key West, FL 33040 April 1, 1992 State of: Alabama County of: Montgomery The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document AlO" herebycerti{ies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above {or which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) None SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment Whenever Surety is involved; Consent of Surety is required. AlA DOCUMENT G707, CONSENT OF SURElY, may be used for this purpose. Indicate attachment: (yes ) (no ...). The following. supporting documents should be at- tached hereto if IeqWred by the Owner; ) 1. ContractOl's Release or Waiver of Liens, condi- tional upon receipt of final payment . 2. Separate Releases or Waivers of liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. 3, Contractor's Affidavit of Release of liens (AlA DOCUMENT C706A). CONTRACTOR: Norment Industries W.S.A., Inc. and -GB Manchester Corp. A Joint Venture Address: 3224 Mobile Highway 11 / Montgomery, Alabama 36108 BY, (jf-' w( 0; - Subscribed and sworn to before me thi5 I ~ ~ day of t./i1t21l!.'-tI 19 'l & . . l/i-V'L~ / ~ e -dio~ Notary PubliC. r (, If,..A;:' ~. . ,- I .-- My Commission Expires: ~~l It;e;, ..~ .. - .""'" AlA DOCUMENT ~ . CONTRACTOR'SAfFIDAVIT OF PAYMENT Of OEm AND ClAIMS -APltll1970 WITtON .::".--:.t.. ,::.." . AlA8 . 0 1970 - THE AMWCAN INSTITUTE Of AlOIlTECTS. 1135 NEW VOllIC AVE., NW. WASHINGTON. D.C.~. ~ ~ -;.1.--;'::" ,:: . _______.__._ . ..~5--:~__ -....-.----..- _., ONI.,I'ACE :J -. . '\ -: ~.. J ~~ \";:-1 '"CONTRACTOR'S AFFIDAVIT OF RElEASE OF Lf~"'S AlA DOCUMENT G106A c.( OWNER 0 ARCHITECT 0 CONTRACTOR 0 SURETY 0 OTHER ". ....~ TO (~ner) r Monroe Co. Board of Commissioner) 500 Whitehead Street Key West, FL 33040 ARCHITECT'S PROJEO NO: KD-013 CONTRACT FOR:. Security Systems L -.J CONTRACT DATE: PROJEO: New Monroe County Detention Facility (name, address) 5501 College Rd., Stock Island, Key West, FL 33040 April 1, 1992 State of: Ala bama County of: Montgomei-y The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document A201, hereby certifies aNt to the best of his knowledge, infonnation and belief, except as listed below. the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors. all suppliers of materials and equip- ment, and all perfonners of Work, bbor or services who have or may have liens against any property of the Owner arising in any manner out of the perfonnance of the Contract ref~renced above. DCUPTIONS: (If none, write "None". If, required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception,) None :. SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Contractor's Release Or Waiver of liens, condi- tional upon receipt of final paymenL 2. Separate Releases or Waivers of (jens from Sub- -contnctors and material met equipment sup.- pliers. to the extent required by the Owner, ac- companied by a 'ist thereof. . \ - CONTRACTOR: Norment Industries W.S.A., Inc. and GB Manchester Corp., A Joint Venture ~~: 3224 Mobile H~ghway BY, a/:l: Ahbama 36108. SubscnDed and swom to before me this J cJ_~ q /' day of '/TJa/lcJr1 19 (p , t.JA~/ Notary Public: <..Ir)tl~ My Commission Expires: )14//9 C:, ., AlA OOCUMINT QI6.\ - CONBACTOIl'S AffIDAVIT Of ID.L\S( Of UfHS - APIUt. 1WV romON - AlAe GW'O -THE AMlItICAN IHSTnvn Of AltOtntCTS, 17JS NtW \'OU AVE.. NW, WASHINGTON, O.c. 10006 ONE rAG( SPRIGGS & HOLLINGSWORTH ATTORNEYS AND COUNSELORS 1350 I STREET, N. W. NINTH FLOOR WASHINGTON, D. C. 20005-3305 TELEPHONE:(202) 898-5800 TELECOPIER:(202) 682-1639 CABLE:SHWSH WI LLlAM J. COPLE III WRITER'S DIRECT DIAL No. 898- March 14, 1996 Wayne LaRue Smith, Esq. Morgan & Hendrick 317 Whitehead street Key West, FL 33040 Re: Norment Industries W.S.A., Inc. v. Monroe County, Fla. CIV No. 94-10070. USDC/SD FL Dear Mr. Smith: Please find enclosed the Consent of Surety to Final Payment for the Monroe County Detention Facility. The Consent has been executed by the American Home Assurance Company and the st. Paul Fire and Marine Insurance Company, sureties for the contractor, Norment Industries, W.S.A., Inc. and G.B. Manchester Corporation, a Joint Venture, under Contract KJ-013 Security Systems. with kind regards, I am Enclosure WJC:cjw --... ~J ';1"~< to: 17 d S l ~dV 96. "") ... , . , 'J " -1' , . l,>H:i oil j u (Instructions on reverse side) Bond #In-4CJ-55 Bond #4nOJG1089 OWNER ARCHITECT CONTRACTOR SCREW OTHER o o o o o CONSENT OF SURETY TO FINAL PAYMENT AlA Document G707 TO OWNER: ARCHITECT'S PROJECT NO,: (Name and addre.";s) Monroe County Board of Commissioners 500 Whitehead Street Key West, FL 33040 CONTRACT FOR: KJ-013 Security Systems PROJECT: (Name (JIlt! address) CONTRACT DATED: Apri 1 1, 1992 New Monroe County Detention Facility Stock Island, Key West, FL In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (In:.;erl !lame and address (?r";llre~l') American Home Assurance Company ,70 Pine Street, New York, NY 10270 and St Paul Fire and Marine Insurance Company, 385 Washington Street, St Paul, MN 55102 , SURElY, on bond of (Insert name and address (~lC()lllract()r) Norment Industries W.S.A., Inc. and G.B. Manchester Corporation A Joint Venture 3224 Mobile Highway Montgomery, AL 36108-4400 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (InseT/name and addre:.;s (?lOu'ller) Monroe County Board of Commissioners 500 Whitehead Street Key West, FL 33040 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on rhis dare: (/l1se,., ill writing the mouthfol/oil'cd hy the Numeric dale (lilt/year.) March 12, 1996 American orne Assuranc By: ~ flu - Gary M( ride, Attorney-in-fact . , / ill' .1 W 1 t n e s s : '-/}?a. /lA A- 9-: ?tA11,.-{.-V'tL!I ( (f. I . x*t~~Wi tness: "~lj'>u.t. ~ d1l1yt(J2-.(!I (Seal): f ' St Paul Fire and Marine Insurance Company (Surel)') ,1Iu/1-~( - Attorneyin-fact (Printed lltll1U: autl lit/e) mm . .. ... CAUTION: You should sign an original AlA document that has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AlA DOCUMENT G707 . CONSENT OF SliRE"lYTO FINAl. PAYMENT. 199~ EDITION' 'AlA <D1994 . THE AMERICAN lNSTITtlTE OF ARCHITECTS. 175') NEW YORK AVENt 'E. NW, WASH- INGTON, D.C 20006,')292 . WARNING: Unlicensed photocopying violates U.S. copy- right laws and will subject the violator to legal prosecution. G707-1994 INSTRUCTION SHEET FOr{ AlA DOCUMENI' (;707, CONSENT OF SURETY TO FINAL PAYMENT A. GENERAL INFORMATION 1. Purpose Thi,,, document is intemkd f(lr use as ;1 companion to AlA DOl'l.lment GiO!) , COlHractor"s Affadavit of Payment of Debt" ami CLlims, on construction projl'ctS where the COl1lranor is required to furnish a bond By ohtaining the Surety"" approval of final payment to the Contractor :lIld its agreemel1l that final payment will not relieve the Surety of anv of its ohligations, the Owner may preserve its rights under the bond. 2. Related Documents This document mav be used with most of the AlA's Owner-Contractor agreements and general conditions, such as A20l and its rdated Lunily of documents. As noted above. this is a comp'lf1ion document to AlA Document (;706. 3. Use of Current Documents Prior to using :U1\' AlA document, the user should consult the AlA, an AlA component chapter or a current AlA Doculllents List to deknnine till' C"llrrent editil >Il of each dl )cument. 4. Limited License for Reproduction AlA Documel1l CeO; i,,, a copyrighted work and may not he reproduced or excerpted from in suhstantial pan without the expre,'-;S written permission of the AlA, The G'()' document is intended to be used as a consumable-that is, the original document pur- chased hy the USt.'!' is intended to he consumed in the course of heing used, There is no implied permission to reproduce this document, nor docs memhership in The American Institute of Architects confer any further rights tll reproduce (;70;. A ,'autionarv notile is printed in red on the original of this dOl'l.lmenl. This notice distinguishes an origin:ll AlA document from copies and counterfeih. To ensure accuracy and uni!(lrIl1ity of language purcklsers should use on Iv an original ALA document or 'lIle that h:lS been reproduced from an original under a special limited licl'nse fmm the AlA. A limited license i~ hereby granted to retail purchasers (() rqlrmluce a maximum I)f ten copies of a completed or executed CeO;, blll '>Illv 1,)1' use in C( >Ilnecti(ln with a part icular pn ljen. Further repn lduct il lIlS are pn lhibited with()ut the express permission (>f the AlA. B. CHANGES FROM THE PREVIOUS EDITION (:hanges in the II Kat ion,)f varil lUS items I If inl, >rInatil 1Il were nUl Ie. withl)llt revisit 1Il to the suhsunce ,)f the dl Kument. C. COMPLETING THE G707 FORM GE'\JERAI.: The bond form is the usual source of required in!'>rIllation sudl as the contract date :Ind the names and addresses of the Surl'ty. Owner, COl1lractor :lf1d Project. AHClllTECrS PI<OJECT NO.: This infor!luti( III i.'; typical I\' supplied by the Architect and entered on the form by the Contractor. CONTHACT FOH: This refCrs to the scope of the contract, such as "(;ener:t1 Construction" or "fvlechanical \Vork". D. EXECUTION OF THE DOCUMENT The G'(P !()\'Ill requires both the Surety's seal and the signature of the Surety s :Iuthorized represel1l:ltive. 4/94 INSTRUCTION SHEET FOR AlA DOCUMENT G?O? . U JNSINI 01 SI 1<111 nJ FINAl. 1'.\Y\111\1 . 199., F1l1T1I)N . AI.\ . Till: .\\111<11..\'\ I'\SII rI IE 01 .\I<ctltIEI.IS. I-:\'; '\1'\\' Y()jlK .\VENIE. N.\\ \\'ASIIt,\(,ION. IJ'<:' 2li(J{)(,.,)2'J2 G707-1994 ACKNOWLEDGEMENT OF SURETY State of Minnesota ) County of Scott ) On this 12th day of March Gary M:Bride 19 96 , before me personally appeared , to me known, who, being by me duly sworn, did depose and say: that s/he resides at Qjkdale, MiImesota that s/he is the Attorney-in-Fact of American Home Assurance Comoany , the corporation described in and which executed the annexed instrument; that s/he knows the corporate seal of said corporation; that the seal affixed to said instrunent is such corporate seal; that it was so affixed by order of the :Board of D:.irectors of said corporation; that s/he signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. ( '..<:;;:~.;;.~. BARBARA L RAEDEKE ~~" NOTARYPUBUC.MReOTA : ....~'!Y MyCommisliOft~_,t.aaaa ACKNOWLEDGEMENT OF SURETY State of Minnesota County of Scott On this 12th day of Marc ft 19 96 , before me personally appeared Gary M::Bride , to me known, who, being by me duly sworn, did depose and say: that s/he resides at C8kdale, Minnesota that s/he is the Attorney-in-Fact :of St. Paul Fire and M3.ri.ne Insurance Canpany , the corporation described in and which executed the annexed instrunent; that s/he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the:B oard of D:.irectors of said corporation; that s/he signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner pr~vided by law. ...:::;';;';;;~. BARBARA L RAEDEKE . .~~"t NOTARY PUBUC.- MINNESOTA . ;".~~.Y My CommISSiOn ExpinSJIlI. 31. 2000 t .1heStRlul CERTIFIED COPY ~O. Surety ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 Washington Street, St. Paul, Minnesota 55102 CERTIFICATE OF AUTHORITY NO. For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-421-3880 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No, and the named individual(s). ;07L15SQ _l...()~. W GENERAL POWER OF ATTORNEY - CERTIFIED COpy (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: F-12959 Richard J. Ahmann, Jr., Richard J. Ahnann, III, Gary M::Bride, Barbara L. Raedeke, Mary Jo Dingwall , individually, E::Ien Prairie, Minnesota its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NO!' '10 EXCEED m PENALTY '!HE SUM OF 'lWENI'Y-FIVE MILLION OOI...LARS($25,OOO,000)FACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (I) To appoint Attorneys-in-fact, and'to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 5th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached," e"''''.;t';.~I':~ 'V'" """ .~.. .,'~. .,~\ <n_ ~ ~s' ,,0' ""UR^NC~ "nHIIIll\\\\\\\: IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 30th day of November, A.D. 1990. ST. PAUL FIRE AND MARINE INSURANCE COMPANY ~~'P~r/~ MICHAEL B. KEEGiXN, Secretary STATE OF NEW JERSEY} ss. County of Somerset On this 13th day of December ,19 94 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the day and year first above written. S, Notary Public, Middlesex, NJ My Commission Expires December 16, 1996 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ~t. .' J r-- IN TESTIMONY WHEREOF, I h". h~""","", my hmuI <hi, ~ I. ~~ 12th day of M~rrh ,19 ----9.L, MICHk:tRSON, Asst. Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right comer is binding, Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 1-95 Printed in U.S.A. American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Pri~cipal Bond Office: 70 Pine Street, New York, N.Y. 10270 PO\VER OF ATIORNEY No.02-B-13896 . KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint -Richard J. Ahmann, Jr., Richard J. Ahmann, III, Gary McBride, Barbara L. Raedeke, Mary Jo Dingwall: of Eden Prairie, Minnesota- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents STATEOFNEWYORK } COUNTY OF NEW YORK }ss. On this 30th day of August 19~ before me came the above-named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. N:::r i IF ..,. Not~r" '" ". .. C'..P/,RRO .0 y, ,.'/- . c:, . I, (' "'ofNewvok C\. . '..'" ;F"~r-O 1; r '[;""'", ,.,c., Corn~~~:<" ". "'.'/ YIJ.,.k COUn1yij- d, ,." I l- "", 1 ~ -. . r.~ , i ,.e, "'d! 31,19 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pills burgh, Pa. on May 18, 1976: "RESOLVED, that the Chainnan of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and \\Titings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or ....Titing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in eITect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." !, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by Ule Boards of Directors of these corporations, and the Powers of Allomey issued pursuant thereto, arc true and correct, and Ulat both the Resolutions and the Powers of Attorney arc in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hWld WId allixed the facsimile seal of each corporation this 12th day of March )u ,19~. ./f~ Elizabeth M. Tuck, Secretary .,' Ir" #"'11'10 "'fl