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After discussing the issue internally with staff, with our Engineer -of -Record, and listening to AWE's concerns, the conclusion is that AWE should be held responsible for the delays in the project but that reasonable judgement should be exercised with respect to liquidated damages. In coming to this conclusion, we have considered what IRCDUS has endured but also all the work and efforts provided by AWE for the County's wells. This work includes the challenges that were faced with delays from Scrub Jay nesting season, in field obstacles such as well 4 not being able to be rehabbed, blockages at well 5, AWE's adhering to bid prices for additional work, and the positive outcome of the raw water wells in terms of better quality and quantity of water by deepening existing wells. We sincerely appreciate the hard work and effort of AWE to assist the County with the installation of new Well 7, Well 4 and the rehabilitation of existing wells 2, 3, and 5, but remain steadfast in our assessment of these delay claims. While it is our finding that we could assess 100% of the delay claims, our engineer of record recommends withholding all the retainage of $152,806.83. However, recognizing the good faith and albeit delayed effort to service the County's wells as well. as the fact that the county may need future well work and that well contractors are few and far between, it is our finding and recommendation that the county assesses $100,080 to cover both the additional engineering costs and our incurred expenses. Initial Contract $ 1,477,360.00 Change Order #1 1,051,783.57 Change Order#2 551,160.00 Total Contract $ 3,080,303.57 Adjustments to Contract (24,167.00) Total Completed and Stored to Date (through final completion) $ 3,056,136.57 Less Liquidated Damages to be Held (100,080.00) Total to be Paid to All Webbs $ 2,956,056.57 Payments to Date $ 2;749,432.59 Pay Application 25 153,897.15 Retainage to be Paid 52,726.83 Total to be Paid to All Webbs — Final Pay $ 206,623.98 Funding: No funding is required as this agenda is not seeking to make a purchase, but instead to collect liquidated damages for a project. Ultimately collection of said liquidated damages would reduce the overall cost of the project and be offset by funds being held for retainage. The costs for this project were budgeted in Utility operating funds. Utility operating funds are derived from water and sewer sales. Costs will be reduced in the accounts mentioned below. Account Name Account Number Amount Retainage All Webbs 471-206000-14506 $59,080 Retainage All Webbs 471-206000-15518 $41,000 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve withholding $100,080 from All Webbs Enterprises, Inc. and to allow a final payout of $206,623.98. Attachments: Kimley-Horn Letter 52