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Agenda 01/22/2013 Item #16D4 1/22/2013 Item 16.D.4. EXECUTIVE SUMMARY Recommendation to approve a change order request for a zero dollar time extension for the contractor OAC, Action Construction, Inc. to complete the Tigertail Beach Boardwalk Replacement and New Dune Walkover Project No. 183-90093. OBJECTIVE: To execute a change order request for a zero dollar time extension to complete the Tigertail Beach Boardwalk Replacement and New Dune Walkover Project No. 183-90093. CONSIDERATIONS: On May 24, 2011, the Board approved the contract award to the lowest qualified responsive bidder OAC, Action Construction, Inc. for the construction services associated with the Tigertail Beach Boardwalk Replacement and New Dune Walkover Project. On November 9, 2011, the contractor received the building permit for the commencement of the construction services from the City of Marco Island. The scope of work included the replacement of 5 existing boardwalks, and the installation of a new dune walkover boardwalk utilizing a combination of two separate product materials (recycled plastic & IPE Brazilian Hardwood). The project was divided into two separate phases allowing 2 of the 5 existing boardwalks to remain open for the use of the general public while the remaining 3 boardwalks and the new dune walkover commenced with construction. The commencement of the construction process occurred immediately with the combination of the demolition phase and installation of the recycled plastic substructure framing. However,just prior to the completion of the substructure installation phase the contractor started to encounter multiple delivery stalls from the IPE material international manufacture in Brazil. The contractor ordered the required materials for the project well in advance of the commencement date; however, due to no fault of his own the material has been substantially delayed from the manufacturer located in Brazil. The material in question is an IPE wood product that is a Brazilian hardwood and is only produced in Brazil; the product is extremely resilient for longevity and structural integrity. The contractor has provided sufficient written documentation from the manufacture and local material suppliers regarding the circumstances of the delays further proof that the contractor is working against unforeseen odds far beyond his control. Prior to this change order request the contractor was successful in locating a reasonable amount of IPE material from a domestic supplier in North Carolina which allowed him to recently complete some of the boardwalks currently open for public use. In addition as an alternative measure the contractor has searched nationwide on multiple occasions for suppliers to accommodate the material needed to complete the project, however, unfortunately no material was readily available. On December 21, 2012, staff received communication from the contractor requesting and documenting the need for additional time to receive and install the IPE material. At that time, the final completion date in the construction schedule was January 2, 2013. On December 27, 2012, staff was requested to extend the construction schedule by 30 days to February 1, 2013. Staff subsequently processed a zero dollar change to the agreement, but did not obtain the final signatures until the morning of January 3, 2013, the day after the final completion date. Therefore, staff is asking the Board to approve the extension of the final completion date until February 1, 2013. To date staff has verified with the contractor's local material supplier that the Packet Page -1256- 1/22/2013 Item 16.D.4. balance of the remaining materials for the completion of the project is anticipated to be delivered on or before January 17, 2013. FISCAL IMPACT: This project is funded with previously budgeted funding source 183- 116366-90093.1 Tigertail Beach Restroom & Dune Walkover Project. No additional funds are required as a result of this change order for time. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan Objective 1.3, Policy 1.3.2 (Collier County shall continue to ensure adequate access to beaches, shores and waterways). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: Recommendation to approve a change order request for a zero dollar time extension for the contractor OAC, Action Construction, Inc. to complete the Tigertail Beach Boardwalk Replacement and New Dune Walkover Project No. 183-90093. PREPARED BY: J. Gary McAlpin, CZM Manager,Natural Resource Department ATTACHMENTS: Change Order Backup Documentation Packet Page -1257- 1/22/2013 Item 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4. Item Summary: Recommendation to approve a change order request for a zero dollar time extension for the contractor OAC, Inc.to complete the Tigertail Beach Boardwalk Replacement and New Dune Walkover Project No. 183-90093 and authorize the County Manager or his designee to execute the Change Order. Meeting Date: 1/22/2013 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 1/7/2013 10:03:42 AM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 1/7/2013 11:37:49 AM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 1/7/2013 12:59:17 PM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 1/8/2013 12:17:55 PM Name: McAlpinGary Title: Director-Coastal Management Programs,Coastal Zon Date: 1/8/2013 12:41:19 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 1/8/2013 2:06:57 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Packet Page -1258- 1/22/2013 Item 16.D.4. Date: 1/9/2013 9:45:07 AM Name: GreeneColleen Title:Assistant County Attorney,County Attorney Date: 1/10/2013 2:06:44 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/10/2013 4:55:26 PM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 11:29:37 AM Name: OchsLeo Title: County Manager Date: 1/11/2013 2:43:00 PM Packet Page -1259- 1/22/2013 Item 16.D.4. Cotter' Comity Purchasing Department Admistrative Services DMScn Change Modification Form Purchasing ® Contract Change Request ❑Work Order Modification Contract#: 11- Change#: 1 PO/Work Order#: 45- Project Name: Tigertail Beach Dune 5628 129117 Walk Over& Boardwalks Project#: 90093.1 Project Manager: Clint Department: Coastal Zone Contractor/Firm Name: OAC Action Perryman Management Construction, Corp. Original Contract/Work Order Amount $ 778,377.00 Original BCC Approval Date; Agenda Item# Current BCC Approved Amount $ 778,377.00 Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 778,377.00 SAP Contract Expiration Date (Master) Dollar Amount of this Change $0.00 0.00% Total Change from Original Amount Revised Contract/Work Order Total $778,377.00 0.00% Change from Current BCC Approved Amount Cumulative Changes $0.00 0.00% Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Original completion date: July 6, Last approved completion date: Revised completion date (includes this 2012 January 2, 2013 change): February 1, 2013 • Number of days added : 210 Days Each step on the contract modification checklist form has been reviewed prior to me submitting for approval (this box must be initialed by Project Manager) ❑Add new task(s) ❑ Change task(s) ❑ Delete task(s) ® Other(specify): Extend Duration of Contract 1. Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional clays added:This change order request to extend the duration of the contract is required and necessary to allow the ntractor ample enough time to receive his material for the completion of the project. The contractor diligently ordered the equired materials for the project well in advance of the commencement date; however, due to no fault of his own the material has been substantially delayed from the manufacturer located in Brazil. The contractor has provided sufficient written documentation from the manufacture regarding the circumstances of the delays, and further proof that the contractor is working against these odds. The material in question is an IPE wood product that is a Brazilian hardwood and is only produced in Brazil. However, the contractor was successful inobtaining a partial supply of material from a new dealer located in Sarasota, Florida and was able to complete the construction on additional boardwalk completing 3 out of 6. The contractor understands the severity of the contractual requirements to fulfill his contractual performance obligations and has agreed to expedite the required actions necessary to complete the project to the best of his ability within the specified duration of time. Provide detailed rationale for the requested change: According to the general terms and conditions of the contract section 9, the contractor is entitled to an extension of time due unforeseen site conditions that was no fault of the contractors. The contractor was diligent in ordering the required material for the project well in advance of the construction commencement however, the contractor encountered substantial delays from an overseas material manufacture,therefore, the contractor is entitled to a remedy of a time extension only in order to fulfill the performance obligations of his contract. 3. Provide explanation why change was not anticipated in original scope of work: The contractor was unaware of the circumstances encountered and did not anticipate the unforeseen site conditions because the contractor was diligent in ordering the required material well in advance of the commencement of construction. The Brazilian product manufacture encountered extensive problems with an extended rainy season and contract labor delays. 4. Describe the impact if this change is not processed: The contractor will be denied the remedy under the terms and conditions of the contract to fulfill his contract performance obligations, and the project will be rendered in an uncompleted status requiring further contractual procurement measures. Revised:5/16112 1 Packet Page -1260- Type of Change/Modification 1/22/2013 Item 16.D.4. ❑ 1. Planned/Elective M:4 2. Unforeseen conditions/circumstance ❑ 3. QU 'my uI pt K C CUf uJLI I ICI IL ❑ 4. Correction of error(s) ❑ 5. Value added ❑ 6. Schedule adjustment Change Requested By Contractor/Consultant ❑ Owner ❑ Department ❑ Design Professional ❑ Regulatory Agency(specify): El Other(s pecify): Purchasing Professional Participated in Negotiation of Change/Modification: ❑ Yes ❑ No Approved by: / / Date: Name and TitleTCli "erryman, Project Manager Reviewed by: Date: i 3-13 Procurement St ategist's Name: Scott Johnson • ARV Revised: 5116112 2 Packet Page-1261- 1/22/2013 Item 16.D.4. CHANGE ORDER. • CHANGE ORDERNO. 2 CONTRACT NO. 11-5628 BCC Date: 5/24/2011, Agenda Item: 1617.8 TO Osvaldo Cruz,President OAC Action Construction,Corp. 12540 SW 130th St Suites 2&3 Miami;Fl.33186 • DATE: 12/27/2012 PROJECT NAME:Tigertail Beach Dune Walkover&Existing Boardwalk Improvements PROJECT NO 183-90093:1. Under our AGREEMENT'dated May 24;2011 . . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement:As per your request for the attached "contract time extension" due to unforeseen site conditions beyond your control. The duration of the contract time is hereby extended by 30 days as per the terms and conditions of the Contract Section 9 (9 2-9.3),further at the conclusion of the 30 day time extension period your progress and performance will- be further evaluated to determine the eligiability for additional time to fulfill the final performance obligations of your contract: Please be further informed that if you do not perform the obligations of your contract the owner hereby reserves the right to terminate the contract for default as per the terms and conditions of the.Contract Section 18. Please provide a revised completion schedule and proceed accordingly. Original Agreement Amount :: $778377.00 Stun of Previous Changes $4 This Change Order add or deduct $0 Present Agreement Amount $778,377.00. The-contract time for completion shall be increased by 30 calendar days due to this Change Order. Accordingly,the Contract Time is now 350 calendar days. The final completion date is 2.1.13. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all of the•same terms and conditions as contained in our Agreement indicated • above,.as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims.of the Contractor arising out of or related to the change set forth herein,including claims for impact and delay costs. Packet Page-1262- 1/22/2013 Item 16.D.4. Prepared by - Date: /Z.27-CZ-- Clint Perryman,CGC, CZ1VI Project Manager Natural Resource Department,GMD Approved By: " ,'"..."111",...,/,:i.) Date:__/1/3_7/Z Victor J. .tavish.AIA,Design Pro -.nal • Accepted by: , .,..„41111110 Date: Osv o Cruz,Presid.,1 OAC Action Construction,Corp. in'/7 .. ee Approved by: '.„; 4-7244i1 Y1 L" 40. Date:Ail 2" 1 "1:2-t)/3 J.qary McAlpth,P.E,CZM Section Manager Natural Resource Department.gm]) , Approved by :441A Ci/ 4 Date: ( ( 3 Steve C. ell,Interim Administrator .044,A Publi 4ervice Division Approved by ii el Date: 13 S tt Johnson,Procurement Strategist Purchsing Department wrif Approved bv: 41/4 Date: am 1).Lorenz, r.P.E./Director Naturalleesoitr ce Department,GMD <:•,7 - 0 Approved / Date: Nick Casalanguida,.pfiLiiitistrator Growth Management Division 2 Packet Page -1263- 1/22/2013 Item 16.D.4. December 21,2012 Clint L. Perryman, CGC Project Manager Collier County Coastal Zone Management Department 3299 E. Tamiami Trail Suite 103 Naples, Fl. 34112 Re: Time Extension for Contract#11-5628 Mr. Perryman, As per our conference call on Monday we are sending this letter to request a no cost extension to our contract. We were expecting our materials to arrive on December 10, 2012 but as per our conversation with our supplier some will arrive at end of next week and the balance by or shortly after January 17, 2012. We are working on getting all the framing completed before the material arrives so that when the IPE arrives all that will be left to do is install the IPE and the railings. I understand the pressure the county is getting from residents but the issue has always been the lack of supplies and the delays in getting our 1PE. We have been assured numerous times from our original supplier that our material was shipped and that it would be arriving. The materials never arrived and we ultimately had to contract another supplier for the remaining IPE as and we had to file suit against the original supplier to hopefully get our deposit back. The new supplier Advantage Wood and Lumber has attached a letter specifying when the wood will be delivered. We have ordered from them in the past for wood for this project and they have come through.We also have contacted numerous other suppliers who say will have 305-256-6655 12540 S.W. 130 St,43,Miami,FL 33186 wxw.naccnnstruction.com Packet Page -1264- 1/22/2013 Item 16.D.4. wood for us in January just as a back-up in case the materials from this supllier do not arrive on time. As we have shown in the past when the materials do arrive we jump on it and work hard until we run out of materials. We have opened up Boardwalks 1,3 and 5. We only have 2 & 4 cloosed at this moment and will work to get#4 finished with the new materials that should arrive next week. That means only #2 would be not opened up until after January 17. Our contract is to end on January 2, 2013. We are asking for an extension of 8 days until Mafeh-3,2413-:-We will work to get the work completed before this day but we need 2 weeks for each boardwalk#2 and #6 to install IPE then another week to fabricate and install the handrails. OAC is 100%commited to finishing this project and has and will do everything it.has to do to get this done as quickly as possible. If you should have any questions please feel free to contact me. Sincerely, Digitally signed by Ozzie Cruz Ozzie DN:cn=Ozzie Cruz,o=DAC Action Construction,Corp.,ou, ernai I=ozzie@o acconstructi on. corn, 0Cruz 212 2 12.21 12:47:02 -05'00' Ozzie Cruz 7 Packet Page -1265- 1/22/2013 Item 16.D.4. PerrymanClinton From: Lee Hope [Ihope @advantagelumber.com] Sent: Monday, December 17, 2012 1:37 PM To: Ozzie Cruz; PerrymanClinton Cc: Victor Latavish; McAlpinGary; WilliamsBarry; Orlando; William; Jc Subject: RE: IPE Material Clint, I'm available this afternoon or tomorrow morning. I live in Sarasota, but will be leaving Friday for Massachusetts for the holidays and will be back on the 31st. After that I would be happy to come down and meet with you in person as well. My grandfather built one of the first homes on Marco and I grew up windsurfing at Tigertail. In the meantime, if you would like to learn more about who we are and what we do please visit our website at www.advantaoelumber.com. We are one of the largest direct importers of Ipe in the US and have been doing this for over 20 yrs. We purchase over 1000 containers a year and even with that volume we are still subject to the shipping line strikes, rainy season, customs hold ups, etc. What I can tell you is that you will get your wood, or you will get your money back (In this instance you will get your wood). One of our employees just came back from Brazil yesterday and witnessed containers being stuffed with your material. Another employee is still there waiting for the rest We had to scramble to pull together what you need from multiple mills, but the good news is that we got it all. I know you've been forced to be exceedingly patient, but I need to ask you to be a little more so. Ozzie, JC, Bill, and myself have all worked diligently to get you the material you require. This delay is NO reflection on them or on OAC, but is on myself, the mills, the shipping lines, and the normal trials and tribulations of trying to conduct business in a 2" world country. I look forward to speaking with you, Lee Thanks, Lee W. Hope Wholesale Representative lhope(aadvantagelumber.com Toll Free: 1-877-232-3915 ext.273 A ..ry www.AdvantageLumber.com for Hardwood Lumber www.lpeDepot.com for Ipe Decking www.TigerwoodDecking.com for Tigerwood Decking www.StaybulUFloorino.com for Eco-Friendly Hardwood Flooring From: Ozzie Cruz [mailto:ozzieyoacconstruction.com] Sent: Monday, December 17, 2012 12:22 PM To: 'PerrymanClinton' Cc: 'Victor Latavish'; 'McAipinGary'; 'WilliamsBarry'; 'Orlando'; 'William'; 'Jc'; 'Lee Hope' Subject: RE: IPE Material cliint, Packet Page-1266- 1/22/2013 Item 16.D.4. Ozzie Cruz From: Jason Lomoriello[Jason @exbr.com] Sent: Thursday, October 18, 2012 4:56 PM To: ozzie; Carl J. Kurtz; Helder Albuquerque Cc: Jason Lomoriello; James C. Judge; Helder Albuquerque; Carl J. Kurtz Subject: Fwd: RES: UPDATE-IPE Carl, what do you know about this shipment? Are you in contact with Helder? What can you tell us? -Jason Begin forwarded message: From: "Carl J. Kurtz" <kurtztropicalwoods.com.br> Date: October 18, 2012 4:49:59 PM GMT-03:00 To: '"Jason Lomoriellom <jason @exbr.com>, "'Helder Albuquerque"' <helder(anptimber.com> Subject: RES: UPDATE - IPE Helder will be arriving today after 1.300 miles for driving. I am urging him to give a position Regards, Carl J. Kurtz Tropical Woods International Ltda. Tv. Perebebui, 2241 -66087-670 Belem, Para, Brazil Celular: (5591) 9209-1140 New Phone Number: (5591)3246-0280 SKYPE: kurtz.carl-MSN: kurtz(a�tropicalwoods.com.br www.tropicaiwoods.com.br De: Jason Lomoriello [mailto:jasonaexbr.com] Enviada em: Thursday, October 18, 2012 4:47 PM Para: Carl J. Kurtz; Helder Albuquerque Cc: Jason Lomoriello Assunto: Fwd: UPDATE -IPE Carl?? Begin forwarded message: From: Jason Lomoriello <jason(a exbr.cam> Date: October 18, 2012 10:24:56 AM GMT-03:00 Packet Page-1267- 1/22/2013 Item 16.D.4. To: Ozzie Cruz <ozzie(a7oacconstruction.com>, "Curl J. Kurtz" <kurtz(c�tropicalwoods.com.br>, Fielder Albuquerque <helder(c�nptimber.com> Cc: Jason Lomoriello <iason(cexbr.com>, Helder Albuquerque <helder(c�nptimber.com>, "Carl J. Kurtz" <kurtz@tropicalwoods.com.br>, "James C. Judge" <ic@2swda.com> Subject: Re: UPDATE - IPE Ozzie, I spoke with Carl today, Helder is en route, but seems we will have something today. CARL, Based on our conversation, please send CONCRETE information about this shipment. HARD DATES, PHOTOS, CONTRACT, INVOICE CONFIRMATION... SOMETHING THAT 1S PROOF THAT THIS SHIPMENT IS GOING TO HAPPEN IN THE NEXT 30-45 days. -Jason On Oct 13, 2012, at 1:04 PM, Ozzie Cruz wrote: Jason, Mr Helder never called,never email anything,never updated us. This again seems like a stalling tactic by them to buy more time and frankly I am fed up with it. I will be traveling on Wednesday afternoon on business. If no update is provided by the time I leave with hard dates, pictures, contact information, etc, I will have no choice but to move forward with the lawsuit.No more excuses we need our wood. Thank you, Ozzie Cruz 12540 SW 130 St.. #3 Miami. FL 33186 305-256-6655 Phone 305-255-1004 Fax Original Message From: Jason Lomoriello [mailto:jason«iexbr.com] Sent: Saturday, October 13, 2012 9:33 AM To: Helder Albuquerque 2 Packet Page -1268- 1/22/2013 Item 16.D.4. Cc: Jason Lomoriello; Carl J. Kurtz; Ozzie Cruz; James C.Judge Subject: UPDATE - IPE Helder, Did you make it to BELEM? Is the IPE being milled? What is the status of the IPE?? Please send an update to everyone copied in this email...As Soon As Possible! Thank you, Jason L osook 3 Packet Page-1269- 1/22/2013 Item 16.D.4. Ozzie Cruz From: Jason Lomoriello[Jason @exbr.com] Sent: Tuesday, October 16, 2012 7:22 AM To: ozzie Cc: Jason Lomoriello; James C. Judge; Helder Albuquerque; Carl J. Kurtz Subject: Fwd: RES: Update Ozzie, For whatever it's worth, I received this email from Carl... Waiting for Helder's response. -Jason Begin forwarded message: From: "Carl J. Kurtz" <kurtz @tropicalwoods.com.br> Date: October 16, 2012 3:02:55 AM GMT-03:00 To: "'Jason Lomoriello"' <iason( exbr.com>, "'Helder Albuquerque"' <helder@nptimber.com> Subject: RES: Update Good morning Jason, HELDER IS NOW REACHING THE MILL AND PROMISED TO GIVE UPDADTE PRIOR TO WEDNESDAY. BEST REGARDS, Carl J. Kurtz Tropical Woods International Ltda. Tv. Perebebui, 2241 - 66087-670 Belem, Para, Brazil Celular: (5591) 9209-1140 New Phone Number: (5591) 3246-0280 SKYPE: kurtz.carl - MSN: kurtz(?tropicalwoods.com.br v Wv N.tropicalwoods.com.hr Mensagem original De:Jason Lomoriello [mailto:jason(')exhr.com] Enviada em: Monday, October 15, 2012 3:43 PM Para: Helder Albuquerque; Carl J. Kurtz Cc: Jason Lomoriello Assunto: Update Helder, Carl, Please respond ? -Jason L. Packet Page -1270- 1/22/2013 Item 16.D.4. AOW 2 Packet Page -1271- 1/22/2013 Item 16.D.4. Ozzie Cruz From: Jason Lomoriello[Jason @exbr.com] Sent: Monday, October 08, 2012 4:16 PM To: Helder Albuquerque Cc: Jason Lomoriello; Carl J. Kurtz; ozzie; James C. Judge Subject: Fwd: IPE SHIPMENT Helder, Please send an email or phone OZZIE with some confirmations. We really want to work with you guys, but we need firm commitment. Please advise, Thank you, Jason L. fell Begin forwarded message: From: "Ozzie Cruz" <ozzie@oacconstruction.com> Date: October 8, 2012 5:10:48 PM GMT-03:00 To: "'Jason Lomoriello"' <jasonc exbr.com> Cc: 'James C. Judge"' <ica2swga.com>, "'Helder Albuquerque' <helder&..nptimber.cam>, "'Carl J. Kurtz"' <kurtz(a?tropicalwoods.com.br> Subject: RE: IPE SHIPMENT Jason, I will be looking forward to that email or phone call from Mr. Helder early this week. I am expecting an update on a firm delivery date as I need to update many other people after our meeting. I cannot express how important it is that this be the last time a date is not met as I and my attorneys have run out patience.As the emails below on 9/17 Mr Carl indicated a total of 38 days and once again that date looks like it will not be met. Thank you, Ozzie Cruz 12540 SW 130 St.,#3 Miami, FL 33186 305-256-6655 Phone 305-255-1004 Fax From: Jason Lomoriello [mailto:jason©exbr.com] Sent: Friday, October 05, 2012 5:43 PM To: Ozzie Cruz Packet Page -1272- 1/22/2013 Item 16.D.4. Cc:Jason Lomoriello; James C. Judge; Helder Albuquerque; Carl J. Kurtz Subject: Re: IPE SHIPMENT Ozzie, I spoke with Helder from NP Tlmber who is Calls partner. He is from Holland, speaks english, and is backed by a European money... I invite you to call him... He is confirming to me that things are moving forward with the order, he will be reaching out to you and everyone early next week.. He is also available to take a call. 55 91 8092 1576 While it I understand it is hard to believe, and whily your attorneys want to move forward with litigation,the situation that has transpired is being worked through... The financial damages that accured from Jason Aguir have taken longer to fix than anyone wanted.... Helder is relocating to BELEM where the logs are,he will be sending a report after he arrives, and lumber will start being milled for delivery. I request a little more patience. I received a call from Brazil a few minutes ago, and no one want's to get into an international litigation. I am in Brazil and will stay on this until you get what you are entitled. I am CC"g Helder and Carl.... Thank you, Jason On Oct 4, 2012, at 6:53 AM, Ozzie Cruz wrote: Jason, Any updates?I know I have said this before but the attorney says I am waisting my time by waiting and I should proceed with the lawsuit. I am giving you the benefit of the doubt but after almost a year of waiting what choice do I have. I will await a response. Thank you, Ozzie Cruz <image001.jpg> 12540 SW 130 St., #3 Miami, Fl.33186 305-256-6655 Phone 305-255-1004 Fax From: Jason Lomoriello (mailto:jason( exbr.corn] Sent: Sunday, September 23, 2012 4:11 PM To: James C. Judge Cc:Jason Lomoriello; OAC ozzie Subject: Fwd: IPE SHIPMENT 1 will be sending updates as the come. -Jason L. 2 Packet Page-1273- 1/22/2013 13 Item 16.D.4. Begin forwarded message: From: "Carl J. Kurtz" <kurtzatropicalwoods.com.br> Date: September 23, 2012 4:07:07 PM EDT To: "Jason Lomoriello" <iason( exbr.com> Cc: "Helder - NP Timber" <imp.albuauerqueadmail.com> Subject: Re: IPE SHIPMENT Reply-To: kurtz(a�tropicalwoods.com.br Jason, It is all arranged. Helder returned from the mill friday night and is now preparing his more permanent trip for latest Wednesday. His Dutch partner also wants to help in order to establish regular exports. It is almost impossible to speak to Helder during the weekends and need to update you better on Monday. But the IPE production now is on and will be shipped. Will sit down with Helder on Monday and send a full Report. Best regards Enviado pelo meu aparelho BlackBerry®da Vivo Carl J. Kurtz From: Jason Lomoriello <iason.c exbr.com> Date: Sun, 23 Sep 2012 13:42:49 -0400 To: Carl J Kurtz<kurtz'iftropicalwoods.com.hr> Cc: Jason Lomoriello<iasoraexhr.eorn>; NP TIMBER<jmp.albuqueraue(a'amail.com> Subject: Re: IPE SHIPMENT CARL, PLEASE SEND UPDATE TO BELOW SCHEDULE. PLEASE SEND PHOTOS OF LOGS. Best regards, Jason L. On Sep 17, 2012, at 7:54 AM, Carl J. Kurtz wrote: Dear Jason, Mr. Helder Albuquerque is now at the mill in NOVO PROGRESSO in order to organize the logs to be sawn.We have arranged to communicate with each other on Wednesday. 3 Packet Page -1274- 1/22/2013 Item 16.D.4. The time schedule is as follows: Aft 1. Log collection to the mill =5 days 2. Sawing operation = 10 days 3. Pre-drying period = 7 days 4. Dressing of lumber = 10 days 5. Transportation to port and shipping= 7 days TOTAL 38 DAYS. Best regards, Carl J. Kurtz Tropical Woods International Ltda. Tv. Perebebui, 2241 -66087-670 Belem, Para, Brazil Celular: (5591) 9209-1140 New Phone Number: (5591)3246-0280 SKYPE: kurtz.carl-MSN: kurtzetropicalwoods.com.br www.tropicalwoods.com.br 4 Packet Page -1275- 1/22/2013 Item 16.D.4. t4 1 A - E MBER.COM ,_ Direct Importers o€the Finest Exotic )i-i[ardwood Decking, Lum er & Flooring, December 18,2012 Ozzie Cruz OAC Construction 12540 SW 130 St.,#3 Re:Tigertail Beach Boardwalk Ozzie, Per your request and our conference call this morning,this is what's available immediately, what's scheduled to arrive January 5th in North Carolina, and the balance is supposed to arrive on or about January 17th. As an aside,we are the largest direct importer of Ipe in the US, between my two mills I currently have over$20 million worth of Ipe in inventory almost none of which is 2x6.There are only about 2 other suppliers who carry an inventory even close to ours and if we don't have it....They don't either PREMIUM BRAZILIAN IPE Qnty Value Dim Lngth Cost Lineal Ft ft2 Total 31pcs 2x8 18 $ - 558 337 $ - Immediate 62pcs 2x8 20 $ - 1,240 749 $ - Immediate 123pcs 2x6 6 $ - 738 338 $ - Immediate 95pcs 2x6 9 $ - 855 392 $ - Immediate 60pcs 2x6 10 $ - 600 275 $ - Immediate 28pcs 2x6 12 $ - 336 154 $ - Immediate 32pcs 2x6 14 $ - 448 205 $ - Immediate 24pcs 2x6 16 $ - 384 176 $ - Immediate 72pcs 2x6 6 $ - 432 198 $ - 1/5/2013 42pcs 2x6 9 $ - 378 173 $ - 1/5/2013 246pcs 2x6 10 $ - 2,460 1,128 $ - 1/5/2013 46pcs 2x6 12 $ - 552 253 $ - 1/5/2013 101pcs 2x6 14 $ - 1,414 648 $ - 1/5/2013 32pcs 2x6 16 $ - 512 235 $ - 1/5/2013 Freight $ - Delivered Total $ - Packet Page -1276- 1/22/2013 Item 16.D.4. As always, please don't hesitate to contact me at 941-388-9299 ext 273 or by email ..... lhope@advantagelumber.com. Regards, oak Lee W. Hope Packet Page-1277-