eng2019L136.docx MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD  STUART, FL 34996 DOUG SMITH Commissioner, District 1 TARYN KRYZDA, CPM County Administrator STACEY HETHERINGTON Commissioner, District 2 KRISTA A. STOREY Acting County Attorney HAROLD E. JENKINS II Commissioner, District 3 SARAH HEARD Commissioner, District 4 TELEPHONE (772) 288-5400 EDWARD V. CIAMPI Commissioner, District 5 WEBSITE www.martin.fl.us This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback. Phone: (772) 288-5792 Fax: (772) 288-5789 Email: mhaluck@martin.fl.us February 19, 2019 Mr. Bruce Smith Loren Jock Trucking, Inc. 4140 SE Robert Loop Road Stuart, FL 34997 RE: JV Reed & Zeus Park Improvements RFB2019-3110 Notice to Proceed Mr. Smith: This letter constitutes the "Notice to Proceed" for the JV Reed & Zeus Park Improvements project. The lump sum fee for this contract is $312,450.75. The official construction Notice to Proceed is issued for Monday, March 4, 2019. This work shall be substantially completed within 90 days or by June 1, 2019, and final completion shall be within 30 days of issuance of the Punch List (not to exceed 60 days from substantial completion). Please acknowledge receipt of this "Notice to Proceed" where indicated below and return the signed original to me. Sincerely, Matt Haluck Project Manager Receipt of "Notice to Proceed" acknowledged by: ________________________________________ Name: (Date) Cc: George Dzama, P.E., Capital Project Manager Nicole Carey, Purchasing Manager Krysti Brotherton, Construction Contract & Grants Administrator Katie Fulks, Administrative Specialist III 1 of 3 eng2019L136.docx ‘EXHIBIT A’ TO NOTICE TO PROCEED MARTIN COUNTY’S NOTICE AND CONTRACTOR’S ACKNOWLEDGEMENT OF CONTRACTUAL LIQUIDATED DAMAGES PROVISIONS Loren Jock Trucking, Inc. (the “Contractor”) is hereby notified by Martin County (the “County”) and acknowledges the following: 1. Article 7 of the contract between Martin County and Contractor dated January 25, 2019 (the “Contract”) for the construction of JV Reed & Zeus Park Improvements project specifically provides the following: 7.1 Upon failure of the CONTRACTOR to Substantially Complete the Agreement within the specified period of time, plus approved time extensions, the CONTRACTOR shall pay to the COUNTY daily liquidated damages in the amount shown on Page 1 of this Agreement to reflect the COUNTY’s estimated damages resulting from the delay to Substantial Completion. 7.2 Upon failure of the CONTRACTOR to Finally Complete the Agreement within the specified period of time, plus approved time extensions, the CONTRACTOR shall pay to the COUNTY daily liquidated damages in the amount shown on Page 1 of this Agreement to reflect the COUNTY’s estimated damages resulting from the delay to Final Completion. 7.3 Milestones, milestone completion dates, and applicable Liquidated Damages shall be in accordance with the Contract Documents. 7.4 If the milestones are not strictly complied with, then Liquidated Damages will be assessed against the CONTRACTOR, which are agreed upon, and it is further agreed that such Liquidated Damages bear a reasonable relationship to damages to be incurred by the COUNTY, and are not a penalty. 2. The Contract further provides on page 1 that daily liquidated damages for delays in substantial completion is the amount of $1,241.00, and the daily liquidated damages for final completion is the amount of $1,241.00. 3. The Contractor acknowledges the Contractor and the County stipulated in advance the amount to be paid as liquidated damages in the event of a breach as provided in the Contract, and further, the Contractor and the County so stipulated because the damages from a breach were not readily ascertainable at the time of the drawing of the Contact. 4. The Contractor further acknowledges the liquidated damages provisions of the Contract are not a penalty. 5. Nothing in this Notice and Acknowledgment shall constitute a waiver of any affirmative defense the Contractor may have to any claim of liquidated damages other than the amount of the liquidated damages as provided in the Contract. 6. The Contractor signs this Notice and Acknowledgement through its duly authorized representative, and does so voluntarily and without duress after reading the foregoing in its entirety. 2 of 3 eng2019L136.docx State of Florida ) ) SS County of ________ ) Loren Jock Trucking, Inc. By:_________________________ Name: Sworn to and subscribed before me this ____ day of ______________, 2019, by _________________________, who is personally known to me or has produced identification (if identification, state type:______________________). _____________________________ Notary Public Print Name: _____________________________ My commission expires: 3 of 3 eng2019L136.docx