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10.c EDB CO2 Admin Bldg Exp Ph1 with KBT with Attachments
EXECUTIVE SUMMARY AGENDA ITEM: Proposed Change Order No. 2 to New Administration Building Expansion and Site Improvements Contract with KBT Contracting Corp. CCUA Project No.: 4020-004 CCUA Financial Project Code: 21013AD Date: October 12, 2023 BACKGROUND: KBT currently provides construction services for the New Administration Building Expansion and Site Improvements Project. KBT encountered difficulty obtaining permits from Clay County. Due to the six- month delay in obtaining the site permit from Clay County, KBT submitted a delay claim on April 11, 2023. During the eight-month review period of the submitted construction drawings, the Clay County Building Department issued comments resulting in changes to the project scope entitling KBT to a change order. CCUA issued KBT the notice to proceed on January 27, 2023, based upon mutual agreement of the project architect, KBT, and staff. KBT completed the soil surcharging operation and stopped construction on March 28, 2023, because the project had not received the Clay County Government permits for civil site and building construction. On April 11, 2023, KBT issued a delay claim notice to CCUA. The delay claim notice referenced delay days and daily costs due to permit issuance delays. Several challenges created the permit delays. The first challenge appeared when the Clay County Building Department switched to a new permitting system, which changed their departments' response time beyond 30 days. During the permitting phase, the Clay County Building Department issued several design revision requests related to landscape additions, a fire lane addition, and building design comments. Bhide and Hall Architects, P.A. (BHA), Jones Edmunds and Associates (JEA), staff, and KBT worked to provide the Clay County Building Department with required revisions, but response delays from the Clay County Government permitting system continued. Clay County Government approved the civil site plans on April 26,2023; however, the building permit was not issued by the Clay County Building Department until August 11, 2023. BHA and JEA completed design efforts without charging CCUA for the additional design services. The design changes do represent an increase in contract time and first-time costs that KBT would be entitled to receive. CCUA and our legal team of Bachara Construction Law have continued to mediate with KBT and their legal team of AG Adams Law under AAA guidelines, and in conclusion of that mediation have negotiated the attached change order. The change order staff presents adds 116 calendar days and increases the contract cost not to exceed the lump sum amount of$75,546.29. We removed the design of the irrigation system for the landscaping from KBT's contract in this change order. Per the drawings and specifications prepared by BHA, CCUA will be required to procure a separate contractor to complete the installation irrigation system. CCUA will seek formal approval the Clay County Building Department to self-perform the installation of the irrigation system. CCUA's General Superintendent of Distribution and Collection maintains a Florida Underground Utility Contractor License. Currently, staff within the Distribution and Collection Department operate,maintain,and repair the existing irrigation system. Staff is highly confident we can self-perform the installation of the irrigation system within the schedule established by KBT. BUDGET: Administrative Complex Expansion Budget: $5.125.089.00 Design and Bidding Services with BHA: $192,444.99 Construction Administrative Services with BHA: $93,071.60 Construction Services with KBT: $4,600,705.00 Sub-Total Design and Construction Services: $4.886.221.50 Original Project Contingency: $238,867.41 Previously approved change orders: Physical Security Improvement Evaluation by BHA: $7,200.00 Change Order No. 1 (Stormwater Conveyance Changes): $36,657.70 Project Contingency After Previously Change Orders: $195,009.71 Change Order currently being considered: Change Order No. 2: $75,546.29 (Landscape &Fire Lane Add, Delay cost—Irrigation System Design) Remaining Project Contingency: $119,463.42 RECOMMENDATION: Staff respectfully request the Board of Supervisors approve Change Order No. 2 CCUA New Administration Building Expansion and Site Improvements Contract. ATTACHMENTS: Change Order No. 2 BHA's Entitlement Recommendation Claim Letter from KBT Contracting Corp., Dated April 11, 2023 with supporting documents Letter from Bhide & Hall Architects, PA Dated May 10, 2023 Letter from AG Adams Law, Dated May 11, 2023 Letter from AG Adams Law, Dated June 6, 2023 with supporting documents Letter from Bachara Construction Law Group, Dated June 8, 2023 Letter from Bhide & Hall Architects, Dated August 28, 2023 GS Al COUNTY Clay County Utility Authority 3176 Old Jennings Road Working together to protect g public health,conserve our Middleburg,Florida 32068-3907 natural resources,and 6, �jLI - 04��� Telephone(904)213-5999 create long-term value for Py AUTO our ratepayers. Facsimile (904)213-2498 Change Order No.: 2 Date: October 12,2023 Project: New Administration Building Expansion and Site Improvements CCUA Bid No.: 21/22-A 11 CCUA Project No.: 4020-004 Vendor: KBT Contracting Corp. Owner: Clay County Utility Authority 5105 Blanding Boulevard Jacksonville,FL 32210 (904)647-9200 Engineer of Record: Bhide&Hall Architects,PA 1329-C Kingsley Avenue Orange Park,Fl 32073 (904)264-1919 ORIGINAL CONTRACT TIMES ORIGINAL PREVIOUS CO CURRENT CO NTP 1/27/2023 DAYS ADD 0 116 SUB.COMP. 350 1/12/2024 5/7/2024 FINAL COMP. 365 1/27/2024 5/22/2024 INCREASE OR DECREASE IN ITEM DESCRIPTION OF CHANGE(S) QTY. UNIT PRICE CONTRACT PRICE Contract Increase Gravel(Crushcrete/stabilized)fire department access lane, Increase in landscape&Labor and Material,Building Water Service,Existing Building Roof Drain Connections, and Equitable delay cost due to building permit delays 1 LS $81,046.29 $81,047.29 Contract Decrease 1 Irrigation System Design LS ($5,500.00) ($5,500.00) TOTAL INCREASE $81,047.29 TOTAL DECREASE ($5,500.00) NET CHANGE RESULTING FROM THIS CHANGE ORDER $75,547.29 ORIGINAL CONTRACT PRICE $4,600,705.00 Net Increases by Change Orders(prior to this change order) $36,657.70 Net Decreases by Change Orders(prior to this change order) $0.00 Total Net Change by Change Orders(prior to this change order) $36,657.70 CONTRACT PRICE PRIOR TO THIS CHANGE ORDER $4,637,362.70 NET CHANGE RESULTING FROM THIS CHANGE ORDER $75,547.29 CONTRACT PRICE INCLUDING THIS CHANGE ORDER $4,712,909.99 This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Accepted by: Date: Engineer of Record Accepted by: Date: Vendor Accepted by: Date: Owner ttN) K$T CONTRACTING CORP. CGC1520730/CBC058625/CCC1330401 5105 Blanding Blvd. Jacksonville,Florida 32210 904/771-2876 Fax 904/647-9200 Office FEIN 59-3367479 info@kbtcoro.com April 11, 2023 Bhide & Hall Architects, P. A. 1329-C Kingsley Avenue Orange Park, FL 32073 Attention: David S. Shively RA, EDAC, Senior Architect AR99028 Project: Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No: 4020-004 RE: Claim under EJCDC C-700 - Standard General Conditions of the Construction Contract Article 10 - "Changes in the Work; Claims", Section 10.05 Mr. Shively, KBT Contracting Corp (KBT), would like to submit a claim for compensation under EJCDC C- 700 - Standard General Conditions of the Construction Contract Article 10 - "Changes in the Work; Claims", Section 10.05. KBT was issued a notice to proceed on January 27, 2023. KBT proceeded to commence work on the contract although final permits were not yet issued. KBT completed as much of the work as was possible without final permits. As of March 28, 2023, KBT had to demobilize as we cannot continue work on the project until the final permits are issued. The delay in getting permits is outside of KBT's control and not due to any action by KBT or its employees or subcontractors. Until such time as KBT can return to the project, we are requesting the contract value be adjusted, beginning March 28, 2023, based on the daily rate outline in the attached spreadsheet. This daily rate was derived based on the allowable expenses as outlined in Article 11, Section 11.01.A and allowable Contractor Fees as outlined in Article 12, Section 12.01.C. Additionally,under Article 12, Section 12.03, KBT requests that the contract time be extended the same number of days that KBT is unable to return to work on the contract beginning on March 28, 2023. At this point it is not possible to determine the number of days before KBT can return to work, therefore KBT respectfully requests that the contract amount and time be adjusted as soon as KBT is able to return to work. Thank you, 62)-L- Rebecca E. Timmons, President KBT Contracting Corp Clay County Utility Authority Additional Expenses Administration Building Expansion and Site Improvements CCUA Project No:4020-004 Weekly Company Paid Company %Associated Total $Amount Position Salary Allowances Benefits Paid Taxes to this project for this project Items Project Manager $ 1,600.00 $ 253.85 $ - $ 122.40 50% $ 988.13 under Superintendent $ 1,700.00 $ 250.00 $ - $ 130.05 100% $ 2,080.05 11.01A1 PM Assistant $ 1,519.23 $ - $ 80.74 $ 116.22 25% $ 429.05 Total $ 4,819.23 $ 503.85 $ 80.74 $ 368.67 $ 3,497.22 Daily Rate(5 day work week): $ 699.44 Contractor Fee 15%: $ 104.92 Total Daily Expense: $ 804.36 11.01.A1 Daily Expense $ 804.36 Const.Trailer (monthly) $ 618.13 (daily) $ 28.53 Items Storage Unit (monthly) $1,010.38 (daily) $ 46.63 under Temp Restroom (monthly) $ 149.38 (daily) $ 6.89 11.01.A3 $ 886.42 Subtotal Insurance Premium (2%) $ 17.73 $ 904.15 Subtotal Additional Bond Premium (2%) $ 18.08 $ 922.23 Total Daily Expense Floaters Portable Sanitation Inc., #1 in Customer Service 1509 Faye Rd. t • #,li!!] 'I Jacksonville,FL 32218 s. Ph:904-751-2614 Fax:904-751-0767 Email: Info@FloatersNow.com Invoice Billing Address Service d res KBT CONTRACTING 3176 OLD JENNINGS RD INFO@KBTCORP.COM MIDDLEBIJRG,FL 32068 ,* 5105 BLANDING BLVD JACKSONVILLE,FL 32210 Phone:(904)591-5326 Fax:(904)771-2876 Due Date Cost# Site# Date Clerk Terms P.O.# Invoice# Page 4.12/2023 KBTCONTRAC 30543 3/3/2023 TW NET3O CCUA A-163083 Pagel/1 DESCRIPTION -RATE CITY AMOUNT 2/27/2023-3/26/2023 R -REGULAR UNIT-Service Interval=1W- Units=1 125.00/MTH 1 125.00 1M-REGULAR UNIT-Service Interval=1W- Units=1 9.38 1 9.38 FSM-REGULAR UNIT-Service Interval=1W- Units=1 15.00/EACH 1 15.00 Total 149.38 Please make sure to update your records with our new Remit Address:1509 Faye Rd,Jacksonville Fl.32218 CREDIT CARD PAYMENTS CAN BE MADE ONLINE www.FloatersNow.com ` c\6ER c,-eig ;_, Statement as of 3/612023 I Future:0.00 1 Current:298.76 I 30 Day:0.00 I 60 Day:0.00 I 90 Day:0.00 I Total Due:298.76 OUnited Rentals° I WI I11IIIN11IIIIIIIHIIoIfIIIIIII1II11 4 WEEK BILLING IL ING INVOIE 11637 1 C D 3 coca # 217060247-001 _ JACKSONVILLE E FI 32218-3901 751-25 Customer # 5178411 Invoice Date : 03/11/23 �1 CLAY CO UTILITY AUTHORITY(ADM Date out 03/10/23 12:21 PM 4, !Waal Through : 04/07/23 00:00 .p 3176 OLD JENNINGS RD UR Job Loc : 3176 OLD JENNINGS RD MIDDLEBURG FL 32068-3907 UR Customer Job IDS 3 A P.O. # : CCUA-STORAGE h Office: 904-647-9200 Cell: 386-288-3947 ordered By : WIM I Reserved By WILLIAMco AM HESS Salesperson : WILLIAM HESS KBT CONTRACTING Invoice Amount: $1,010.38 5105 BLANDING BLVD. JACKSONVILLE FL 32210 Terms: Due Upon Receipt Payment options: Contad OUT aedh office 888-481-2660 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC. PO BOX 100711 ATLANTA GA 30384-0711 RENTAL ITEMS: Qty Equipment Description Minimum Day Week 4 Week Amount 1 PV2720602 CONTAINER 8X20X8'6" DBLE DOOR 205.00 205.00 Make: CONTAINER Model: 20' SC DD Serial: 2720602 Rental Subtotal: 205.00 SALES/MISCELLANEOUS ITEMS: Qty Item Price Unit of Measure Extended Amt. 1 DELIVERY CHARGE 395.000 EACH 395.00 1 PICKU' CHARGE 395.000 EACH 395.00 Sales/Mist Subtotal: 790.00 Agreement Subtotal: 995.00 Tax: 15.38 Total: 1,010.38 COMMENTS/NOTES: CONTACT: JERRY GARRETT CELL#: 386-288-3947 20' STORAGE DOORS ON BOTH ENDS BASED ON AVAILABILITY. Billing period: 26 Days From 3/10/23 12:21 PM Thru 4/07/23 12:21 PM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITEDRENTALS.COM/TRAINING f r 'a, e. 'tea. Effective January 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.88 for credit card payments on charge accounts. This surcharge is not greater than our merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. NOTICE: This invoice is subject to the terms and conditions of the Rental and Service Agreement, which are available at https://www.unitedrentals.nom/legal/rental-service-terms-US and which are incorporated herein by reference. A COPY OF THE RENTAL AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER FORM UPON REQUEST. Page: 1 O United Rentals' I IIN(Oil llllUlllf1111hllflllllil illlll 4 WENEVK BILLING BRAD:.A 4 11637 cArmeaT RD 8` 0002 # 215 5 615 5 9-00 3 00 LE F2 32218-3901 904 752-3 Customer # 5178411 Invoice Date : 03/25/23 CLAY CO UTILITY AUTHORITY (ADM) Date Out : 01/27/23 10:30 AM 4J Billed Through : 04/21/23 00:00 '14 3176 OLD JENNINGS RD UR Job Loc : 3176 OLD JENNINGS RD m MIDDLEBURG FL 32068-3907 UR JobCustomer Job ID: 3 A P.O. # h Office: 904-647-9200 Cell: 386-288-3947 Ordered By : KIM clsco Reserved By : WILLIAM HESS Salesperson : WILLIAM HESS KBT CONTRACTING 5105 BLANDING BLVD. Invoice Amount: $618.13 JACKSONVILLE FL 32210 Terms: Due Upon Receipt Q...)Cit4. Payment options: Contact our credit office 888-481-2660 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC. , PO BOX 100711 ATLANTA GA 30384-0711 i. RENTAL ITEMS: -Qty Equipment Description Minimum Day Week 4 Week Amount 1 11556741 GLO/OFFICE CONTAINER 8X20X8'6" OFF/STOR 575.00 575.00 Make: MOBILE TRL Model: 20STD Serial: NWRU1010327 Rental Subtotal: 575.00 Agreement Subtotal: 575.00 Tax: 43.13 Total: 618.13 COMMENTS/NOTES: CONTACT'-: JERKY GARRETT CELLI: 386-288-3947 20' GROUND LEVEL OFFICE Billing period: 28 Days From 3/24/23 10:30 AM Thru 4/21/23 10:30 AM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITEDRENTALS.COM/TRAINING 1—.9;_i r - l (22 Effective January 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.8% for credit card payments on charge accounts. This surcharge is not greater than our merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. NOTICE: This invoice is subject to the terms and conditions of the Rental and Service Agreement, which are available at https://www.unitedrentals.cmw/legal/rental-service-terms-US and which are incorporated herein by reference. A COPY OF THE RENTAL AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER FORM UPON REQUEST. Page: 1 KBT Contracting Corp 5105 Blanding Blvd. FL 32210 Don M Tant Pj e + rtl�t. 13540 Isla Vista Drive Jacksonville,FL 32224 Direct Deposit Employee Pay Stub Check number:DD1919 Pay Period:03/26/2023-04/01/2023 Pay Date:04/07/2023 Employee Don M Tant,13540 Isla Vista Drive,Jacksonville,FL 32224 Earnings and Hours Qty Rate Current YTD Amount Direct Deposit Amount Salary 1,600.00 22,400.00 Checking-005491998535 1,237.60 Taxes Current YTD Amount Memo Medicare Employee Addl Tax 0.00 0.00 Direct Deposit Federal Withholding -240.00 -3,360.00 Social Security Employee -99.20 -1,388.80 Medicare Employee -23.20 -324.80 -362.40 -5,073.60 Adjustments to Net Pay Current YTD Amount Material Reimbursement 23.23 Vehicle and Phone Allowance 3,050.00 3,073.23 Net Pay 1,237.60 20,399.63 KBT Contracting Corp,5105 Blanding Blvd.,FL 32210 Powered by Intuit Payroll KBT Contracting Corp 5105 Blanding Blvd. FL 32210 Kimberly M Cisco Ass(b4-pt•-t. + P( /1 1546 Chain Fern Way I Fleming Island,FL 32003 Direct Deposit Employee Pay Stub Check number:DD1912 Pay Period:03/26/2023-04/01/2023 Pay Date:04/07/2023 Employee Kimberly M Cisco,1546 Chain Fern Way,Fleming Island,FL 32003 Earnings and Hours Qty Rate Current YTD Amount Direct Deposit Amount Salary 1,519.23 18,230.76 Checking-7503797962 1,204.53 Sick Time 3,038.40 0.00 1,519.23 21,269.16 Sick Time Accrued Used Available Taxes Current YTD Amount Current 0:00 0:00 -280:00 YTD 0:00 80:00 Medicare Employee Addl Tax 0.00 0.00 Federal Withholding -120.00 -1,625.00 Non-taxable Company items Current YTD Amount Social Security Employee -94.19 -1,318.69 Health Insurance(company paid) 80.74 1,130.36 Medicare Employee -22.03 -308.40 -236.22 -3,252.09 Memo Adjustments to Net Pay Current YTD Amount Direct Deposit health Insurance(taxable) -78.48 -1,098.72 Net Pay 1,204.53 16,918.35 KBT Contracting Corp,5105 Blanding Blvd.,FL 32210 Powered by Intuit Payroll KBT Contracting Corp 5105 Blanding Blvd. FL 32210 Jerry A Garrett 1 r4-eyl eut- 7819 NW Lake Jeffery Rd G"" LAke City,FL 32055 Direct Deposit Employee Pay Stub Check number:DD1914 Pay Period:03/26/2023-04/01/2023 Pay Date:04/07/2023 Employee Jerry A Garrett,7819 NW Lake Jeffery Rd,LAke City,FL 32055 Earnings and Hours Qty Rate Current YTD Amount Direct Deposit Amount Salary 1,700.00 17,000.00 Checking-6508224618 1,654.95 Taxes Current YTD Amount Vacation Time Accrued Used Available Medicare Employee Addl Tax 0.00 0.00 Current 0:00 40:00 Federal Withholding -165.00 -1,650.00 YTD Social Security Employee -105.40 -1,054.00 Medicare Employee -24.65 -246.50 Memo -295.05 -2,950.50 Direct Deposit Adjustments to Net Pay Current YTD Amount Vehicle and Phone Allowance 250.00 2,500.00 Net Pay 1,654.95 16,549.50 KBT Contracting Corp,5105 Blanding Blvd.,FL 32210 Powered by Intuit Payroll E:h BHIDE & HALL ARCHITECTS, P.A. May 10, 2023 Warrick Sams MBA, CPPO Construction and Inspection Services Manager Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068-3907 Project: Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No: 4020-004 RE: Claim under EJCDC C-700 -Standard General Conditions of the Construction Contract Article 10 - "Changes in the Work; Claims", Section 10.05 Warrick, On April 11, 2023, we received notice from KBT Contracting Group of their claim for compensation under EJCDC-C-700 Standard General Condition of the Construction Contract, Article 10—Changes in the Work; Claims", Section 10.05. They are requesting additional compensation for circumstances that affect the progress of the contract and they believe is outside of their control. The Contractor is requesting compensation to address daily expenses and that the overall contract value be adjusted, beginning March 28, 2023. Per the contractor's statements in the letter, dated April 11, 2023, they have de-mobilized. Our opinion is based on EJCDC C-700 Section 12.03-C which states: If Contractor is delayed in the performance or progress of the Work by fire,flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C We recommend approval of the contract change request for this portion of the Change Request. Outstanding claims addressed in this letter relate to materials costs and employee expenses and direct overhead costs that KBT incurs by keeping certain employees and materials/equipment on this project while the project is demobilized. We do not recommend approval for these items, based on the above General Conditions. Sincerely, / - %/ , David S Shively, AIA, EDAC Senior Architect Bhide & Hall Architects, PA Cc: Paul Steinbrecher 1329 Kingsley Avenue - Suite C - Orange Park, Florida 32073 • (904) 264-1919 License #0011549 BHA 202024 i� \7 ! \ 1.)!\ I Y ,l S LAW 1522 Oak Street Jacksonville, FL 32204 Adam G. Adams, III Telephone (904) 256-4112 lepPAGAdamsLaw.com Mobile (904) 252-9955 Board Certified Construction Law May 11, 2023 Via Email and Hand Delivery Via Email and Hand Delivery Warrick Sams David Shively,AIA, EDAC Wsams@clayutility.org Dshively@bhide-hall.com Construction and Inspection Services Manager Bhide & Hall Architects, P.A. Clay County Utility Authority 1329 Kingsley Avenue, Suite C 3176 Old Jennings Road Orange Park, Florida 32073 Middleburg, FL 32068-3907 Re: KBT Construction Corp. Claim for Equitable Adjustment Project: Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No.: 4020-004 Gentlemen: This letter is submitted on behalf of KBT Contracting Corp. ("KBT")with regard to the above Project and KBT's claim for equitable adjustment. On January 18, 2023 the Clay County Utility Authority (CCUA) issued a Notice To Proceed to KBT advising that the Contract Time under the above Contract would commence January 27, 2023. CCUA directed KBT to commence performance of its obligations under the Contract Documents. KBT commenced performance of the Contract but had to suspend work as of March 28, 2023 because the permits required for the Project had not been issued by the Authority Having Jurisdiction ("AHJ"). KBT has been unable to perform work on the Project since March 28,2023 and the delay shall continue until the required building permits are issued by the AHJ authorizing the work. On April 11,2023 KBT submitted a claim for equitable adjustment of both the Contract Time and Contract Price on account of the delay. Although KBT mitigated its damages by demobilizing from the Project site, it has continued to incur expenses for key Project personnel, including a project manager, superintendent and PM assistant who had been assigned to the Project. I enclose KBT's worksheet identifying these continuing costs which accrue at a rate of$884.20 per day. I am in receipt of a letter dated May 10, 2023 issued by Bhide & Hall Architects, PA (BHA) to the CCUA which recommends that KBT's request for equitable adjustment of the Contract Time be approved, but implicitly denies KBT's claim for equitable adjustment of the Contract Price. BHA's opinion is based upon Section 12.03-C of the EJCDC C-700 Standard General Conditions incorporated into KBT's Contract with CCUA. BHA's reliance on Section 12.03-C is misplaced as that section applies to claims for equitable adjustment where the Contractor is delayed in the performance of progress of Work for "... causes not the fault of and beyond the control of May 11,2023 Page 2 of 2 Owner and Contractor..." in which circumstance the Contractor is only entitled to equitable adjustment of the Contract Time. On April 26, 2023 the Clay County Building Department approved the civil design and issued the civil permit, a condition precedent to issuance of the building permit authorizing KBT's Work. A pre-construction meeting for review of the work authorized by the Civil Permit is scheduled for May 12, 2023. Once this occurs KBT will be authorized to perform the work authorized by the Civil Permit. No other work is authorized until the building permit is issued. The civil design and the civil permit are not KBT's responsibility. Rather, CCUA, as Owner, is responsible for providing the civil design and for obtaining the civil permit. Under this circumstance, the contract provision applicable to KBT's equitable adjustment claim is §12.03-B which provides: If Owner, Engineer ... or anyone for whom Owner is responsible,delays,disrupts,or interferes with the performance or progress of the Work,then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. (emphasis supplied). In recognition of CCUA's responsibility for the actions of its Engineer and ultimately the provision of a permittable civil design acceptable to the AHJ,CCUA and its Engineer are responsible for the Project delay. Demand is made for an equitable adjustment of the Contract Time and the Contract Price as authorized by General Conditions §12.03-B. I look forward to your prompt acknowledgement of this claim and your approval of an equitable adjustment of both the Contract Time and Contracco Pi _ - e• fired by §12.03-B. 1 ir Adam G. Adams, III AGAIII/Igw Cc: Keith Timmons Rebecca Timmons Enclosure KBT Contracting Corp Clay County Utility Authority Additional Expenses Administration Building Expansion and Site Improvements CCUA Project No:4020-004 Weekly Company Paid Company %Associated Total $Amount Position Salary Allowances Benefits Paid Taxes to this project for this project Items Project Manager $ 1,600.00 $ 253.85 $ - $ 122.40 50% $ 988.13 under Superintendent $ 1,700.00 $ 250.00 $ - $ 130.05 100% $ 2,080.05 11.01A1 PM Assistant $ 1,519.23 $ - $ 80.74 $ 116.22 25% $ 429.05 Total $ 4,819.23 $ 503.85 $ 80.74 $ 368.67 $ 3,497.22 Daily Rate(5 day work week): $ 699.44 Contractor Fee 15%: $ 104.92 Total Daily Expense: $ 804.36 11.01.A1 Daily Expense $ 804.36 Const.Trailer (monthly) $ 618.13 (daily) $ 28.53 Storage Unit (monthly) $ 219.35 (daily) $ 10.12 Items under Temp Restroom (monthly) $ 149.38 (daily) $ 6.89 $ 849.91 Subtotal 11.01.A3 Insurance Premium (2%) $ 17.00 $ 866.91 Subtotal Additional Bond Premium (2%) $ 17.34 $ 884.24 Total Daily Expense REVISED 4-12-23 AG ADAMS LAW 1522 Oak Street Jacksonville, FL 32204 Adam G. Adams, III Telephone (904) 256-4112 lepPAGAdamsLaw.com Mobile (904) 252-9955 Board Certified Construction Law June 6, 2023 VIA EMAIL and Federal Express VIA E-Filing Overnight Delivery American Arbitration Association Tracking No.: 7723 5202 9790 Online Portal www.adr.org Jeremy D. Johnston, P.E. jjohnston@clayutility.org Executive Director Warwick Sams wsams@clayutility.org Construction and Inspection Services Manager Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068-3907 RE: KBT Contracting Corp. Claim for Equitable Adjustment Project: Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No.: 4020-004 To Whom It May Concern: In accordance with Article 16 of the Standard General Conditions of the Construction Contract between KBT Contracting Corp. (KBT) and the Clay County Utility Authority (CCUA) (see Attachment 1) and Rule M-2 of the Construction Industry Mediation Procedures of the American Arbitration Association (AAA) KBT submits to mediation the below-described dispute arising on the above Project. 1. The contact information for the parties to the dispute are as follows: A. Owner: Clay County Utility Authority 3176 Old Jennings Rd. Middleburg, FL 32068 (904)272-5999 Attention: Jeremy D. Johnston, P.E. —Executive Director Warwick Sams—Construction and Inspection Services Manager June 6, 2023 Page 2 of 2 B. Architect: Bhide & Hall Architects, P.A. 1329-C Kingsley Avenue Orange Park, FL 32073 (904)264-1919 Attention: David Shively, AIA, EDAC C. Contractor: KBT Contracting Corp. c/o Adam G. Adams, III, Esquire AG Adams Law, P.A. 1522 Oak Street Jacksonville, FL 32204 (904)256-4112 2. Statement Of The Nature Of The Dispute And Relief Requested KBT seeks an equitable adjustment of both the Contract Time and Contract Price for the reasons stated in KBT's letter dated April 11,2023 directed to the Architect. (See Attachment 2).1 The Architect, by letter dated May 10, 2023, acting on behalf of CCUA pursuant to the Construction Contract, granted KBT's request for equitable adjustment of the Contract Time, but denied equitable adjustment of the Contract Price based on General Conditions §12.03(C) which authorizes adjustment of the Contract Time, but no adjustment of the Contract Price where the cause of the delay is not the fault of, and beyond the control of, the Owner and Contractor. (See Attachment 4). KBT contends that the delay at issue is the fault of the Owner and/or its Architect/Engineer for the reasons discussed in the letter of May 11, 2023 submitted on behalf of KBT to CCUA and the Architect. (See Attachment 5). Also enclosed are the relevant provisions of General Conditions §12.03. (See Attachment 6). 3. Mediator Qualifications The Mediator should be certified by the Florida Supreme Court with background and experience in construction law and mediation of construction-related disputes. I understand that there is a$250 administrative fee to initiate the mediation which has been paid with the electronic submission of this request. Please contact me at your earliest convenience and advise of the next steps regarding mediator selection, exchange of information and scheduling the m • t' n session. S' cer Adan G. Adams, III AGAIII/lgw Enclosures Cc: Keith B. Timmons Rebecca Timmons David Shively—Dshively@bhide-hall.com bhide-hall.com See also the Notice To Proceed issued by CCUA January 18,2023 (Attachment 3). Attachment 1 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 61 dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright CO 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 61 Attachment 2 K Kam. CONTRACTING CORP. CGC1520730/CBC058625/CCC1330401 5105 Blanding Blvd. Jacksonville,Florida 32210 904/771-2876 Fax 904/647-9200 Office FEIN 59-3367479 ,nfo a;khtcorpcorn April 11, 2023 Bhide & Hall Architects, P. A. 1329-C Kingsley Avenue Orange Park, FL 32073 Attention: David S. Shively RA, EDAC, Senior Architect AR99028 Project: Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No: 4020-004 RE: Claim under EJCDC C-700 - Standard General Conditions of the Construction Contract Article 10 - "Changes in the Work; Claims", Section 10.05 Mr. Shively, KBT Contracting Corp (KBT), would like to submit a claim for compensation under EJCDC C- 700 - Standard General Conditions of the Construction Contract Article 10 - "Changes in the Work; Claims", Section 10.05. KBT was issued a notice to proceed on January 27, 2023. KBT proceeded to commence work on the contract although final permits were not yet issued. KBT completed as much of the work as was possible without final permits. As of March 28, 2023, KBT had to demobilize as we cannot continue work on the project until the final permits are issued. The delay in getting permits is outside of KBT's control and not due to any action by KBT or its employees or subcontractors. Until such time as KBT can return to the project, we are requesting the contract value be adjusted, beginning March 28, 2023, based on the daily rate outline in the attached spreadsheet. This daily rate was derived based on the allowable expenses as outlined in Article 11, Section 11.01.A and allowable Contractor Fees as outlined in Article 12, Section 12.01.C. Additionally, under Article 12, Section 12.03, KBT requests that the contract time be extended the same number of days that KBT is unable to return to work on the contract beginning on March 28, 2023.At this point it is not possible to determine the number of days before KBT can return to work, therefore KBT respectfully requests that the contract amount and time be adjusted as soon as KBT is able to return to work. Thank you, Rebecca E. Timmons, President KBT Contracting Corp Clay County Utility Authority Additional Expenses Administration Building Expansion and Site Improvements CCUA Project No:4020-004 Weekly Company Paid Company %Associated Total $Amount Position Salary Allowances Benefits Paid Taxes to this project for this project Items Project Manager $ 1,600.00 $ 253.85 $ - $ 122.40 50% $ 988.13 under Superintendent $ 1,700.00 $ 250.00 $ - $ 130.05 100% $ 2,080.05 11.01A1 PM Assistant $ 1,519.23 $ - $ 80.74 $ 116.22 25% $ 429.05 Total $ 4,819.23 $ 503.85 $ 80.74 $ 368.67 $ 3,497.22 Daily Rate (5 day work week): $ 699.44 Contractor Fee 15%: $ 104.92 Total Daily Expense: $ 804.36 11.01.A1 Daily Expense $ 804.36 Const.Trailer (monthly) $ 618.13 (daily) $ 28.53 Items Storage Unit (monthly) $ 219.35 (daily) $ 10.12 under Temp Restroom (monthly) $ 149.38 (daily) $ 6.89 11.01.A3 $ 849.91 Subtotal Insurance Premium (2%) $ 17.00 $ 866.91 Subtotal Additional Bond Premium (2%) $ 17.34 $ 884.24 Total Daily Expense REVISED 4-12-23 Floaters Portable Sanitation Inc., #1 in Customer Service si 1509 Faye Rd. Jacksonville,FL 32218 WI Ph:904.751.2814 Fax:904.751-0767 Email:InfotFloatersNow.com Invoice Billing Address Service dCMS• KBT CONTRACTING 3176 OLD JENNINGS RD INFO@KBTCORP.COM MIDDLEBURG,FL 32068 5105 BLANDING BLVD '* JACKSONVILLE,FL 32210 • Phone:(904)591-5326 Fax:(904)771-2876 Due Date Cust# Site# Date Clerk Terms P.O,# Invoice# Pape 4/2/2023 ICRTCONTRAC 30543 3/3/2023 INV NET30 CCUA A-163083 1 Page 1/1 DESCRIPTION •RATE OTY I I AMOUNT 2/27/2023-3/26/2023 R -REGULAR UNIT-Service Interval=1 W-Units=1 125.00/MTH 1 125.00 IM-REGULAR UNIT-Service Interval=1 W- Units=1 9.38 1 9,38 FSM-REGULAR UNIT-Service Interval=1W- Units=l 15.00/EACH 1 15.00 Total 149.38 Please make sure to update your records with our new Remit Address:1509 Faye Rd,Jacksonville Fl.32218 CREDIT CARD PAYMENTS CAN BE MADE ONLINE www.FloatersNow.com r -7,'.t NE L.a. Cp • r_-\;, ? I t r titctament as of 3/6/2023 1 Future:0.00 I Current:298,76 J 30 Day:0.00 I 60 Day:0.00 1 90 Der:0.00 I Tottl Due:298.76 I ( United Rentals JI IIII III[lIIIIInII�mI�IIlICIII� 4 WEEK INVOICE BILLING BRANC9.464 1163? .� 000? # 217060247-001 JAC1CS 550 rz 32218-3901 904-7 1-35 Customer # : 5178411 Invoice Date : 03/11/23 0 CLAY CO UTILITY AUTHORITY(ADM) Date out 03/10/23 12:21 PM Billed Through : 04/07/23 00:00 4-1 3176 OLD JENNINGS RD UR Job Loc : 3176 OLD JENNINGS RD MIDDLEBURG FL 32068-3907 UR JobCustober Job ID: 3 P.O. * : CCUA-STORAGE h Office: 904-647-9200 Cell: 386-288-3947 Ordered By : HIM Reserved By WILLIAM IAM HESS Salesperson : WILLIAM HESS KBT CONTRACTING Invoice Amount: $1,010.38 5105 BLANDING BLVD. JACKSONVILLE FL 32210 Temtr Due Upon Receipt Payment options Conga our aodn ofnce W I-481-2660 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC. PO BOX 100711 ATLANTA GA 30384-0711 RENTAL ITEMS: Qty Equipment Description - - - Minimum _ Day_ . - Week 4 Week Amount 1 PV2720602 CONTAINER 8X20X8'6" DBLE DOOR 205.00 205.00 Make: CONTAINER Model: 20' SC DD Serial: 2720602 Rental Subtotal: 205.00 SALES/MISCELLANEOUS ITEMS: Qty Item - -- Price Unit of Measure Extended Amt. 1 DELIVERY CHARGE 395.000 EACH 395.00 1 PICKS'P CHARGE 395.000 EACH 395.00 Sales/Mist Subtotal: 790.00 Agreement Subtotal: 995.00 Tax: 15.38 Total: 1,010.38 COMMENTS/NOTES: CONTACT: JERRY GARRETT CELL#: 386-288-3947 20' STORAGE DOORS ON BOTH ENDS BASED ON AVAILABILITY. Billing period: 28 Days From 3/10/23 12:21 PM Thru 4/07/23 12:21 PM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITEDRENTALS.COM/TRAINING J i IdizIJr U Lati Effootive January 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.88 for credit nerd payments on charge accounts. This surcharge is not greater than our merchant discount rate- for errdit card transactions and is subject to sales tax in soma juriadiationo. NOTICE: This invoice is subject to the terms and conditions of the Rental and Service Agrn.mnnt, which are available at https-//ww.unitedrentala.00e/legal/rantal-serviae-tame-US and which are incorporated herein by reference. A COPY OF THE RENTAL AND SERVICE AORZEMIN, T TERMS ARE AVAILABLE IN PAPER PORN UPON REQUEST. Page: 1 O United Rentals. 11111111111111111111111111111M1111 4 WINVOICE BILLING BRAMMA0W I1637 CahOWN RD�" r 0002 # 215561559-003 904-751-3550 rZ 32218-3901 Customer # : 5178411 901-751 3550 Invoice Date : 03/25/23 OJ CLAY CO UTILITY AUTHORITY (ADM) Date out : 01/27/23 10:30 AM 4-1 Billed Through : 04/21/23 00:00 tr1 3176 OLD JENNINGS RD UR Job Loc : 3176 OLD JENNINGS I D MIDDLEBURG FL 32068-3907 Customer Job =D: A P.O. # h Office: 904-647-9200 Cell: 386-288-3947 Ordered By WIM Cisco Reserved oBy n : ILLIAM HESS salesperson : WILLIAM HESS KBT CONTRACTING 5105 BLANDING BLVD. Q." Invoice Amount: $618.13 JAC KS ONV I LLE FL 32210 C14 Terms: Due Receipt Peymento s Coatedcoat office 888-481-2660 REMIT TO: UNITED RENTALS(NORTH AMERIGA),INC. PO BOX 100711 `` ATLANTA GA 30384-0711 lkEE TAL-IW S: - Qty Equipment Description _ Minimum Day Week 4 Week Amount 1 11556741 GLO/OFFICE CONTAINER 8X20X8'6" OFF/STOR 575.00 575.00 Make: MOBILE TRL Model: 20STD Serial: NWRU1010327 Rental Subtotal: 575.00 Agreement Subtotal: 575.00 Tax: 43.13 Total: 618.13 COMMENTS/NOTES: " CONTACT: JERRY GARRETT CELL#: 386-288-3947 20' GROUND LEVEL OFFICE Billing period: 28 Days From 3/24/23 10:30 AM Thru 4/21/23 10:30 AM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITEDRENTALS.COM/TRAINING ro r .- , CLI.\ (I °1__,) Effective January 1, 2021 and where permitted by law, United Rentals may impose a surohargs of 1.8i for credit card payments on charge accounts. This auroharge is not greater than our merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. NOTICE: This invoice is subject to the terms and conditions of the Rental and Service Agreement, which are available at httpe://www.unitedrentals.com/legal/rental-servion-vorms-US and which are incorporated herein by reference. A owl' OF THE RENTat. AND SERVICE ALRRN¢NT TERMS ABS AVAILABLE IN PAPER FORM UPON REQUEST. Page: 1 KBT Contracting Corp 5105 Blanding Blvd. FL 32210 • Don M Tant I- rOj (_C.: f t/Y\ yv� 13540 Isla Vista Drive Jacksonville,FL 32224 Direct Deposit Employee Pay Stub Check number:DD1919 Pay Period:03/26/2023-04/01/2023 Pay Date:04/07/2023 Employee Don M Tant.13540 Isla Vista Drive,Jacksonville,FL 32224 Earnings and Hours Qty Rate Current YTD Amount Direct Deposit Amount Salary 1,600.00 22,400.00 Checking-005491998535 1,237.60 Taxes Current YTD Amount Memo Medicare Employee Addl Tax 0.00 0.00 Direct Deposit Federal Withholding -240.00 -3,360.00 Social Security Employee -99.20 -1,388.80 Medicare Employee -23.20 -$24.80 -362.40 -5,073.60 Adjustments to Net Pay Current YTD Amount Material Reimbursement 23.23 Vehicle and Phone Allowance 3.050.00 3,073.23 Net Pay 1,237.60 20,399.63 NEST Contracting Corp,5105 Blanding Blvd.,FL 32210 Powered by Intuit Payroll KBT Contracting Corp 5105 Blanding Blvd. FL 32210 Kimberly M Cisco 1-':SS i 5A-ct eI `l" PM 1546 Chain Fern Way Fleming Island,FL 32003 Direct Deposit Employee Pay Stub Check number:DD1912 Pay Period:03/26/2023-04/01/2023 Pay Date:04/07/2023 Employee Kimberly M Cisco,1546 Chain Fern Way,Fleming Island,FL 32003 Earnings and Hours Qty Rate Current YTD Amount Direct Deposit Amount Salary 1,519.23 18,230.76 Checking-7503797962 Sick Time 3,038.40 1,204.53 0.00 1,519.23 21,269.16 Sick Time Accrued Used Available Taxes Current YTD Amount Current 0:00 0:00 -280:00 YTD 0:00 80:00 Medicare Employee Addl Tax 0.00 0.00 Federal Withholding -120.00 -1,625.00 Non-taxable Company Items Current YTD Amount Social Security Employee -94.19 -1,318.69 Health Insurance(company paid) 80.74 1,130.36 Medicare Employee -22.03 -308.40 -236.22 -3,252.09 Memo Adjustments to Net Pay Current YTD Amount Direct Deposit health Insurance(taxable) -78.48 -1,098.72 Net Pay 1,204.53 16,918.35 KBT Contracting Corp,5105 Blanding Blvd.,FL 32210 Powered by Intuit Payroll KBT Contracting Corp 5105 Blanding Blvd. FL 32210 Jerry A Garrett .L4-Q,^I ry rx(.6�v1-(-. 7819 NW Lake Jeffery Rd LAke City,FL 32055 Direct Deposit Employee Pay Stub Check number.DD1914 Pay Period:03/26/2023-04/01/2023 Pay Date:04/07/2023 Employee Jerry A Garrett,7819 NW Lake Jeffery Rd,LAke City,FL 32055 Earnings and Hours Qty Rate Current YTD Amount Direct Deposit Amount Salary 1,700.00 17,000.00 Checking-6508224618 1,654.95 Taxes Current YTD Amount Vacation Time Accrued Used Available Medicare Employee Addl Tax 0.00 0.00 Current 0:00 40:00 Federal Withholding -165.00 -1,650.00 YTD Social Security Employee -105.40 -1,054.00 Medicare Employee _24,85 -246.50 Memo -295.05 -2,950.50 Direct Deposit Adjustments to Net Pay Current YTD Amount Vehicle and Phone Allowance 250.00 2,500.00 Net Pay 1,654.95 16,549.50 KBT Contracting Corp,5105 Blanding Blvd.,FL 32210 Powered by Intuit Payroll Attachment 3 NOTICE TO PROCEED Dated: Latium 1$202'2 TO: KEIT Con tracti tz Corp. ADDRESS: 5105 Blanding Boulevard Jacksonville.Florida 3221(1 7H39 PROJECT: CCI;A Administration Building Expansion.Phase 1 Clad County l)tility Authority Project No.4020`004 Bid No 21/22 All_ You arc notified that the Contract '1 imes under the above contract will commence to run on Januar)_27,_2023. By that date,you arc to start pertonning your obligations under the Contract Documents. In accordance with the executed Agreement, substantial and final completion shall be met 350 and 165 days, respectively, from the Notice to Proceed date.The dates of Substantial Completion and completion and readiness for final pa)meat arc January 12 2024 and January_27 2021. m'Count% lit' ' Authority tOu nee) Aut �riTea nature) Jereilty_D.Johnston.PI„MBA (Printed Name) Ereentive Director (Title) ACCEPTANCE OF AWARD KR_IContracting Corp. (Contractor) By: (Authorized Signature) (Printed Name) (Title) (Date) Attachment 4 BHIDE & HALL ARCHITECTS, P.A. kin May 10,2023 Warrick Sams MBA,CPPO Construction and Inspection Services Manager Clay County Utility Authority 3176 Old Jennings Road Middleburg,Florida 32068-3907 Project:Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No:4020-004 RE:Claim under EJCDC C-700-Standard General Conditions of the Construction Contract Article 10-"Changes In the Work;Claims",Section 10.05 Warrick, On April 11,2023,we received notice from KBT Contracting Group of their claim for compensation under EJCDC-G-700 Standard General Condition of the Construction Contract,Article 10—Changes in the Work;Claims',Section 10.05. They are requesting additional compensation for circumstances that affect the progress of the contract and they believe is outside of their control. The Contractor is requesting compensation to address daily expenses and that the overall contract value be adjusted,beginning March 28,2023. Per the contractor's statements in the letter,dated April 11. 2023.they have de-mobilized. Our opinion is based on EJCDC C-700 Section 12.03-C which states. If Contractor is delayed in the performance or progress of the Work by fire.hood. epidemic.abnormal weather conditions,acts of God,acts orfailures to act of utility owners not under the control of Owner.or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times.Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph I2.03.0 We recommend approval of the contract change request for this portion of the Change Request.. Outstanding claims addressed in this letter relate to materials costs and employee expenses and direct overhead costs that KBT incurs by keeping certain employees and materials/equipment on this project while the project is demobilized. We do not recommend approval for these items,based on the above General Conditions. Sincerely. David S Shively,AlA,EDAC Senior Architect Bhide&Hall Architects.PA ' Cc: Paul S7einbrecher 1 1329 Kingsley Avenue • Suite C • Orange Park, Florida 32073 • (904)264-1919 License#0011549 BHA 202024 Attachment 5 AG A D A M S LAW 1522 Oak Street Jacksonville, FL 32204 Adam G. Adams, III Telephone (904) 256-4112 lep(a�AGAdamsLaw.com Mobile (904) 252-9955 Board Certified Construction Law May 11, 2023 Via Email and Hand Delivery Via Email and Hand Delivery Warrick Sams David Shively,AIA, EDAC Wsams@clayutility.org Dshively@bhide-hall.com Construction and Inspection Services Manager Bhide & Hall Architects, P.A. Clay County Utility Authority 1329 Kingsley Avenue, Suite C 3176 Old Jennings Road Orange Park, Florida 32073 Middleburg, FL 32068-3907 Re: KBT Construction Corp. Claim for Equitable Adjustment Project: Clay County Utility Authority Administration Building Expansion and Site Improvements CCUA Project No.: 4020-004 Gentlemen: This letter is submitted on behalf of KBT Contracting Corp. ("KBT") with regard to the above Project and KBT's claim for equitable adjustment. On January 18, 2023 the Clay County Utility Authority (CCUA) issued a Notice To Proceed to KBT advising that the Contract Time under the above Contract would commence January 27, 2023. CCUA directed KBT to commence performance of its obligations under the Contract Documents. KBT commenced performance of the Contract but had to suspend work as of March 28, 2023 because the permits required for the Project had not been issued by the Authority Having Jurisdiction("AHJ"). KBT has been unable to perform work on the Project since March 28,2023 and the delay shall continue until the required building permits are issued by the AHJ authorizing the work. On April 11, 2023 KBT submitted a claim for equitable adjustment of both the Contract Time and Contract Price on account of the delay. Although KBT mitigated its damages by demobilizing from the Project site, it has continued to incur expenses for key Project personnel, including a project manager, superintendent and PM assistant who had been assigned to the Project. I enclose KBT's worksheet identifying these continuing costs which accrue at a rate of$884.20 per day. I am in receipt of a letter dated May 10, 2023 issued by Bhide & Hall Architects, PA (BHA) to the CCUA which recommends that KBT's request for equitable adjustment of the Contract Time be approved, but implicitly denies KBT's claim for equitable adjustment of the Contract Price. BHA's opinion is based upon Section 12.03-C of the EJCDC C-700 Standard General Conditions incorporated into KBT's Contract with CCUA. BHA's reliance on Section 12.03-C is misplaced as that section applies to claims for equitable adjustment where the Contractor is delayed in the performance of progress of Work for "... causes not the fault of and beyond the control of May 11,2023 Page 2 of 2 Owner and Contractor..." in which circumstance the Contractor is only entitled to equitable adjustment of the Contract Time. On April 26, 2023 the Clay County Building Department approved the civil design and issued the civil permit, a condition precedent to issuance of the building permit authorizing KBT's Work. A pre-construction meeting for review of the work authorized by the Civil Permit is scheduled for May 12, 2023. Once this occurs KBT will be authorized to perform the work authorized by the Civil Permit. No other work is authorized until the building permit is issued. The civil design and the civil permit are not KBT's responsibility. Rather, CCUA, as Owner, is responsible for providing the civil design and for obtaining the civil permit. Under this circumstance, the contract provision applicable to KBT's equitable adjustment claim is §12.03-B which provides: If Owner, Engineer ... or anyone for whom Owner is responsible, delays, disrupts,or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. (emphasis supplied). In recognition of CCUA's responsibility for the actions of its Engineer and ultimately the provision of a permittable civil design acceptable to the AHJ, CCUA and its Engineer are responsible for the Project delay. Demand is made for an equitable adjustment of the Contract Time and the Contract Price as authorized by General Conditions §12.03-B. I look forward to your prompt acknowledgement of this claim and your approval of an equitable adjustment of both the Contract Time and Contract Pci - e• fired by §12.03-B. ip tie Adam G. Adams, III AGAIII/lgw Cc: Keith Timmons Rebecca Timmons Enclosure KBT Contracting Corp Clay County Utility Authority Additional Expenses Administration Building Expansion and Site Improvements CCUA Project No:4020-004 Weekly Company Paid Company %Associated Total$Amount Position Salary Allowances Benefits Paid Taxes to this project for this project Items Project Manager $ 1,600.00 $ 253.85 $ - $ 122.40 50% $ 988.13 under Superintendent $ 1,700.00 $ 250.00 $ - $ 130.05 100% $ 2,080.05 11.01A1 PM Assistant $ 1,519.23 $ - $ 80.74 $ 116.22 25% $ 429.05 Total $ 4,819.23 $ 503.85 $ 80.74 $ 368.67 $ 3,497.22 Daily Rate (5 day work week): $ 699.44 Contractor Fee 15%: $ 104.92 Total Daily Expense: $ 804.36 11.01.A1 Daily Expense $ 804.36 Const.Trailer (monthly) $ 618.13 (daily) $ 28.53 Items Storage Unit (monthly) $ 219.35 (daily) $ 10.12 Temp Restroom (monthly) $ 149.38 (daily) $ 6.89 under 11.01.A3 $ 849.91 Subtotal Insurance Premium (2%) S 17.00 $ 866.91 Subtotal Additional Bond Premium (2%) $ 17.34 $ 884.24 Total Daily Expense REVISED 4-12-23 Attachment 6 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 61 La BACHARA CONSTRUCTION LAW GROUP G.Todd Whitcomb Direct Dial(904)562-1072 Attorney twhitcomb(a)bacharagroup.com June 8, 2023 VIA EMAIL Iep(a AGAdantsLaw.cont Adam G. Adams, III AG Adams Law 1522 Oak Street Jacksonville, FL 32204 Re: Clay County Utility Authority/KBT Contracting Corp. Dear Lep: As you know, this firm has the pleasure of representing Clay County Utility Authority ("CCUA"). We received your mediation submission to the AAA but wanted to provide a response to your letter on behalf of KBT Construction Corp. ("KBT") dated May 11, 2023. As set forth in more detail below, the delays in the permitting process were caused by events beyond the control of CCUA. Accordingly, under the terms of the contract documents, KBT is not entitled to any adjustment in the Contract Price. The contract documents provide that KBT is responsible for procuring all permits necessary for the project. CCUA, through the design team, provided to KBT both the civil drawings and permit-ready building plans well in advance of the issuance of the Notice to Proceed. Specifically, Bruce Myhre of Jones Edmunds provided a digital link to the civil drawings to Elmo Aquino at KBT on October 19, 2022. Two days prior, Bhide & Hall Architects, PA ("BHA") emailed a full set of building permit-ready documents and provided three printed copies for Mr. Aquino to pick up at BHA's office. On December 2,2022,BHA emailed an additional copy of the civil drawings to KBT,and the hard copies were picked up by KBT for submission to Clay County. Mr. Myhre provided a digital copy of civil plans to Clay County on December 19, 2022, as KBT had yet to submit them.The design team is not the permit holder for anything related to this project and this upload of documents was provided as a courtesy to Clay County in response to their request. By February 2023, Clay County had yet to act on the submitted civil drawings and KBT had failed to follow up. Accordingly, on February 6, 2023, BHA requested information from the County. On February 8, 2023, the County, for the first time, provided civil comments directly to BHA. Bruce Myhre promptly responded to the comments on February 14, 2023, and provided landscape plan revisions on March 6, 2023, even though the landscape comments were not available in the Clay County system until April 5, 2023, six days after the deadline for comments. P: 904-562-1060 r F: 904-562-1061 One Independent Dr., Suite 1800 Jacksonville, FL 32202 .a www.bacharagroup.com June 8, 2023 Page 2 Any delay in permitting was beyond the control of CCUA and BHA. The civil plans were provided to KBT in October 2022, but KBT did not promptly submit them to Clay County. It was well known by all parties that the Clay County Government switched its permitting system in early January 2023. It should be noted that KBT was in possession of the full set of the civil plans and permit-ready building plans in mid-October, 2022, well before the transition of the County permitting system to digital. Had they been timely submitted to Clay County by KBT, any issues caused by the transition to the digital permitting system could have been avoided. During several progress meetings, all parties agreed that the permitting process was being extended because of the County's delay and permitting process change. Section 12.03.0 of the Standard General Conditions provides: If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions,acts of God,acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. Accordingly, assuming but not conceding that any delay was not caused by its own delays in submitting the civil plans, KBT is only entitled to an adjustment in the Contract Time, as its sole and exclusive remedy. Sincerely, e‘P G. Todd Whitcomb E:hBhide & Hall Architects, P.A. AR0011549 Jeremy D.Johnston, MBA, PE (Lic. FL) August 28, 2023 Executive Director Clay County Utility Authority RE: Changes during permitting on CCUA Administration Building addition. Dear Mr.Johnston, The intent of this letter is to outline the comments and narrative responses provided to Clay County as an effort to assist in the permitting for the CCUA Administration Building Addition project.The chart below indicates Bhide & Hall Architects, P.A. professional opinion for the anticipated costs to address the added scope. Following the chart you will find the Clay County comments and our teams responses. Please note that most of the comments and responses address items that are clarifications and were covered in the documents but overlooked or misinterpreted by the reviewer(s). We believe these clarifications should not have any cost implications. OPINION OF PROBABLE COSTS Civil Review Comment Anticipated description cost LANDSCAPE: L1 VUA calc.—Canopy trees L2 Diversity of size of canopy trees L3 Paving at maint. yard access calc. L4 Irrigation Expanded* L3-2 Landscape island Expanded L4-2 Add two more trees (included above) TOTAL $20,940.00 FIRE I Fire#1 Truck access(Clearing, Eng. Fill, &Stabilization) $15,366.00 CIVIL TOTAL $36,306.00 Building Review Description Fire#4 BDA testing note** $3,000.00 BUILDING $3,000.00 TOTAL TOTAL $39,306.00 *The permit response indicates the contractor has a delegated design.Installation could be performed by Owner as was the original intent,or the contractor could provide installation. **If the test does not pass,a NEW Bi-Directional Amplification system must be added to the project.It is possible that the cost of installing the amplification system could be over$60,000.00.Work would include system components rated enclosures,pathways,and support at the antenna.The test could be conducted before the building is complete to know if the site passes or not to help with timing for occupancy if the site fails.If the test is done before the building is complete,a second test must be performed when construction is done. BH#202135 1329-C Kingsley Avenue, Orange Park, FL 32073 Page I 1 (904)264-1919 I www.bhide-hall.com Lb-) Bhide & Hall Architects, P.A. AR0011549 PLEASE NOTE THAT THE COMMENT RESPONSES IN RED ARE THOSE COMMENTS THAT WE BELIEVE COULD INCUR ADDITIONAL COSTS TO THE PROJECT. CIVIL PERMITTING Partial Comments received 02/08/2023 Distribution - EMAIL FROM BRUCE WITH INFO@ktbcorp. ON COPY-03/05/2023 Response to Comments provided-3/3/2023 Parcel: 008064-003-00:X&AE 1 -Flood: Please provide an overlay showing where the project, in particular the Northeast edge of the new parking lot, stands in relation to the flood zone. It appears that this portion of the project will occur in Flood Zone AE. As such,Any development of any kind within a designated flood zone will require a county flood development permit -Reviewed Initial response 02/14 Final Response 03/05/2023—Please see attached Figure 1 showing the FEMA FIRMette for the project area. Note that the flood elevation is 13.0 as shown on the figure. We overlaid the floodplain on our plans as shown in Figure 2.As shown on Figure 2 there is a small finger within the footprint of the proposed northeastern parking lot. Figure 3 shows the grading for the proposed parking and existing spot elevations. The existing elevations in the project area are all above 13.0, thus we will not be filling the available storage within the floodplain (i.e., there is no available storage volume below 13.0 within the project footprint).Although there is no true impact to the floodplain CCUA understands that a Floodplain Development Permit(FDP) will be required for the project. It is our further understanding that the FDP will not delay approval of the site development permit. 2- Concurrency: Provide documentation of the total number of PM Peak Hour trips for this project based on the most recent ITE report. Please contact me for a digital copy of the submittal form for this item. -Reviewed Initial response 02/14 Final Response 03/05/2023—Please see attached Concurrency Form and trip generation calculations. Engineering: 1 -Floodplain impacts will have to be compensated for. Initial response 02/14 Final Response 03/05/2023—please see response above. Planning: 1 -Development plans should include an exterior lighting plan that addresses the Branan Field lighting standards found in Article Ill, Sec. 3-33a. Branan Field Land Development Regulations, I General Standards, 8. The lighting plan should include a photometric plan, appropriate pole, BH#202135 1329-C Kingsley Avenue, Orange Park, FL 32073 Page 12 (904) 264-1919 I www.bhide-hall.com E:hBhide & Hall Architects, P.A. AR0011549 fixture and lamp cut sheets and description of lenses and appropriate data tables. Within the Branan Field Master Plan area, architectural standards apply(see Article Ill, Sec. 3-33A. Branan Field Land Development Regulations, III. NON-RESIDENTIAL LAND USES, 5. BF Community and BF Activity Center Standards,j-p). Development plans will need to provide detailed elevations so that compliance with these standards can be evaluated. Initial response 02/14 Final Response 03/05/2023—Please see attached lighting plans that were designed in accordance with the Brannan Field Lighting Standards. Landscape: L1. Interior planting in VUA would be calculated as follows: 16,239 x.1 =1623.9 1623.9/150=10.826 10.826 x 2=21.652 pts required in canopy tree planting within VUA. See Sec. 6-5(5). Interior planting in VUA has been recalculated as instructed. The landscape and calculation chart has been revised to reflect such. L2. Size Diversity requirements are not met. 20%small(2-3"caliper). 30%medium (substituting medium for large) would require a minimum 3.144 in medium sized trees(4-11"caliper). Site diversity requirement has been recalculated and landscape plan has been revised to meet the requirement. L3. Paved driveway on western side of property also counts as Vehicle Use Area and requires canopy tree planting. The paved driveway on the western side of the property has been included in calculations and the landscape plan has been revised to meet requirement. L4. Indicate how irrigation will be provided. If not an automatic system (which is not required for trees specified)need to show hose bibs within 75'of trees. The existing irrigation system will be expanded to provide for proposed landscape. The design and construction of the system has been delegated to the project Contractor. The irrigation system will tie into the existing reclaimed water irrigation system on site.An as built of the irrigation system will be provided. RESPONSE—SEE DETAILED RESPONSES ABOVE AND UPDATED LANDSCAPE PLANS. Zoning: No Comments ***Landscape review due 03/28/2023*** ***Engineering review due 03/28/2023*** Public Safety comment received 03/08 not distributed/formalized until 03/28. Response 04/06 Description: 1. Fire#1 Fire department access roads shall be a minimum of 20ft wide. NFPA 1:18.2.3.5.1 Fire #2 Approved fire department apparatus access shall be provided to within 50 ft(15.2 m)of at least one exterior door providing access to the interior of the building. NFPA 1141:6.1.2 BH#202135 1329-C Kingsley Avenue, Orange Park, FL 32073 Page 13 (904)264-1919 I www.bhide-hall.com Lb-) Bhide & Hall Architects, P.A. AR0011549 RESPONSE: PER REQUEST, FIRE LANE ACCESS WAS REVISED AND PROVIDED FOR THIS PROJECT ALONG THE WEST EDGE OF THE PROJECT SITE. SEE REVISED AS101 SHEET AND CIVIL. 20 FT IMPROVED LANE PROVIDED TO WITHIN 50 FT OF EXTERIOR DOOR. Planning comment received 03/17 not distributed/formalized until 03/28. Response 04/06 1. Within the Branan Field Master Plan area, architectural standards apply(see Article Ill, Sec. 3- 33A. Branan Field Land Development Regulations, Ill. NON-RESIDENTIAL LAND USES, 5. BF Community and BF Activity Center Standards,j-p). Development plans will need to provide detailed elevations so that compliance with these standards can be evaluated. RESPONSE:Sheet A301 Exterior Elevations should have been provided with previous submittals. Please see A301 uploaded for this response. Additional Landscape comments received 04/05 ***Landscape review due 03/28/2023*** L3-2. Interior landscape islands are required to be a minimum of 300 square feet. RESPONSE:LANDSCAPE ISLANDS REVISED SEE AS101, CIVIL AND LANDSCAPE DRAWINGS. L4-2. PLEASE ADD TREES TO THE NORTHERN CORNERS OF THE PARKING LOT. RESPONSE:ADDITIONAL TREES ADDED. 4/11 portal showing green for comments above 4/26 approval letter received. PRECON MEETING FOR CIVIL REQUESTED 05/02 SCHEDULED FOR 05/12 BUILDING PERMITTING Building review comments received 06/05/2023 returned on 06/06/2023 Email distribution including Don Tant and info@ktbcorp. As well as Mike Brooks with Clay County Description: HVAC equipment needs to meet new DOE requirements from January 1st 2023 MECHANICAL RESPONSE: HVAC equipment is required to meet Florida Energy Code. DOE standards refer to residential equipment. Please explain how air from the restrooms being recirculated to the hallway complies with FBC- Mechanical 403.3.1.1 MECHANICAL RESPONSE:Air is not circulated or returned through the hallway.Air is being transferred from the hallway to the restroom to provide make-up of exhaust air. The restroom is under negative pressure during occupied hours.This meets FBC-Mechanical 403.3.1.1 Truss engineering has not been submitted. BH#202135 1329-C Kingsley Avenue, Orange Park, FL 32073 Page 14 (904) 264-1919 I www.bhide-hall.com Lb—) Bhide & Hall Architects, P.A. AR0011549 STRUCTURAL RESPONSE:The truss engineering shop drawings shall be submitted by the manufacturer after the permit has been issued. Breakroom countertop- 34" max height allowed per FBC-Accessibility 804.3.2 & 902 ARCHITECTURAL RESPONSE: Cabinets revised to 34" max height. Revised Sheet A302 Minimum 27" clear knee space required at vanities. ARCHITECTURAL RESPONSE: knee space clear requirement clarified. Revised Sheet A302 Steel joist engineering has not been submitted. STRUCTURAL RESPONSE:The Steel Joist engineering shop drawings shall be submitted by the manufacturer after the permit has been issued. Certificate Authority-validated MEP plans need to be submitted. RESPONSE: Note upload Permissions on structural plans need to allow stamping, highlights, and comments by the plan review team. STRUCTURAL RESPONSE: Updated Signature/Certificate Water Heater is not listed on the energy calcs. MECHANICAL RESPONSE:See attached Form C-402-2020 for Water heater compliance. Minimum space required per FBC-Accessibility 404.2.6 =48" from open door to next door frame—restrooms ARCHITECTURAL RESPONSE: Plans updated to show wall adjusted. Revised Sheets LS100, A100,A110,A111,A121, and A302 Structural steel fastening will require a third-party special inspector-submit an approved nut/bolt/weld inspection report to the Clay County Building Department before insulation inspection (INFO ONLY). STRUCTRUAL RESPONSE:The contractor shall retain the services of a third-party special inspector to perform these required inspections. Comments received through KBT from Fire safety 07/05 (indicated as being completed on 06/22) responded to on 07/10 Description: Fire#2 - Fire Protection Design. FOR please review the design criteria for this building.This appears to be for another building. Stage mentioned, City of Jacksonville,flow test is over 1 year, all valves shall be electronically monitored. • Stage is included in the criteria sheet due to a stage area in the existing building. While the permit is specifically for the expansion, it is the intent that the sprinkler system BH#202135 1329-C Kingsley Avenue, Orange Park, FL 32073 Page 15 (904) 264-1919 I www.bhide-hall.com Lb-) Bhide & Hall Architects, P.A. AR0011549 will be expanded into the existing building under a future project (bottom right hand of the plan on fp101 noted 4). • City of Jacksonville—acknowledged -carry over mistake,will be corrected to"Clay County"—see attached revised FP sheet • Flow test is dated 2/28/2022. NEW flow test dated 01/18/2023 attached, revised FP sheet attached. • Valve monitoring is listed in note G of FP101 "backflow preventer shall have supervision in compliance with NFPA 13 section 8.16.1.1.2.All valves shall be electronically supervised"-We will provide extra emphasis on this note and include the same on the E104 sheet. Fire#3 -Water Flow Monitoring. Provide a complete design criteria in accordance with 61G15-32.0008. Riser diagram has been provided and that appears to be it. VALVE MONITORING IS LISTED IN NOTE G OF FP101—VERIFIED ABOVE Fire#4- Radio Testing. Provide notation on your plan that you will test your building for minimum radio strength for fire department two-way radio communication. Testing will be required prior to fire final. Compliance with FFPC 6th ed NFPA 1: 11.10 Two-Way Radio Communication Enhancement System required (additionally FFPC 6th ed. NFPA 1221, NFPA 72, NFPA 70). WE UNDERSTAND THAT BDA TESTING WILL BE REQUIRED. ANNOTATION PROVIDED ON THE REVISED E301. If the test does not pass, a NEW Bi-Directional Amplification system must be added to the project. It is possible that the cost of installing the amplification system could be over $60,000.00. Work would include system components rated enclosures, pathways, and support at the antenna. The test could be conducted before the building is complete to know if the site passes or not to help with timing for occupancy if the site fails. If the test is done before the building is complete, a second test must be performed when construction is done. 07/28 portal shows green for Fire comments Permit in hand 08/11/23 BH#202135 1329-C Kingsley Avenue, Orange Park, FL 32073 Page 16 (904) 264-1919 I www.bhide-hall.com