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Agenda 2/14/2023 Item #16K 5 (Settlement agreement resulting from the pre-suit dispute resolution process provided in the construction agreement between the county and FDDC)16. K.5 02/ 14/2023 EXECUTIVE SUMMARY Recommendation to approve the Mediated Settlement Agreement and Mutual Release resulting from the pre -suit dispute resolution process in the agreement between the Collier County Board of County Commissioners, as Ex-Officio of the Collier County Water -Sewer District and Florida Design Drilling Corporation and authorize the Chairman to sign the attached agreement. (Project No. 70196) OBJECTIVE: To approve the attached Mediated Settlement Agreement and Mutual Release ("settlement agreement") resulting from the pre -suit dispute resolution process provided in the construction agreement between the County and Florida Design Drilling Corporation ("FDDC"). CONSIDERATIONS: On September 23, 2020, the Procurement Services Division posted Invitation to Bid No. 20-7808 for construction of the Tamiami Well No. 40 (hereinafter "Project"). The County sent 29,182 notices, and 108 interested vendors viewed the bid package. On October 27, 2020 the County received 5 bid responses. At the February 23, 2021 meeting, the Board of County Commissioners, as Ex-Officio of the Collier County Water -Sewer District, awarded the Project to FDDC, as the lowest responsive and reasonable bidder. The contract amount totaled $1,134,000.00 that included an allowance of $50,000.00 to address any undocumented infrastructure that might be encountered during construction. On December 1, 2021, by correspondence, FDDC submitted a claim for a "contract price adjustment" in the amount of $109,831.57 for "unforeseen subsurface conditions encountered that [were] materially different from the information available at the time of bid." The unforeseen conditions referenced by FDDC amounted to caprock discovered throughout the Project site at depths above what was shown to exist in a March 9, 2020, Report of Geotechnical Exploration provided to the County which Report was available to FDDC at the time it bid on the project. FDDC had additional costs in the aggregate amount of its claim ($109,831.57) to remove the caprock, haul it away and bring in clean fill. The County denied liability for FDDC's claim on the theory that FDDC should not have relied on the Report and that it was not unforeseen that FDDC would run into caprock at the site of the Project. Pursuant to the terms of the Parties' Construction Agreement, a pre -suit mediation session was held on January 13, 2023, before Tony J. Rodriguez, Esquire, a certified Circuit Court Mediator mutually agreed upon between the Parties. On January 17, 2023, FDDC agreed to accept the County's final settlement offer of $10,000.00 to fully resolve this disputed claim. FISCAL IMPACT: The source of funding is Water User Fee Capital Fund (412), Tamiami Wellfield Project 70196 and within the previously BCC approved Project allowance. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The Mediation Settlement Agreement and Mutual Release has been reviewed and approved by the Public Utilities Department staff, and the County Attorney's Office. If the recommended settlement agreement is not approved, the County can expect to incur significant additional costs associated with future litigation including attorneys' fees and retaining expert witnesses, and a positive result can never be guaranteed with any degree of certainty. This settlement agreement is Packet Pg. 1342 16. K.5 02/14/2023 reasonable based on the totality of the circumstances. This item is approved as to form and legality and requires majority vote for Board approval. - RTT RECOMMENDATION: Recommendation to approve the attached Mediated Settlement Agreement and Mutual Release between the Collier County Board of County Commissioners, as Ex-Officio of the Collier County Water -Sewer District, and Florida Design Drilling Corporation and authorize the Chairman to sign the attached agreement. Prepared by Ronald T. Tomasko, Assistant County Attorney and Matt McLean, P.E., Director Public Utilities Engineering & Project Management Division ATTACHMENT(S) 1765046 FINAL DRAFT - Pre -Suit Settlement Agreement rev'd 01 18 23 (PDF) Packet Pg. 1343 16. K.5 02/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doe ID: 24526 Item Summary: Recommendation to approve the Mediated Settlement Agreement and Mutual Release resulting from the pre -suit dispute resolution process in the agreement between the Collier County Board of County Commissioners, as Ex-Officio of the Collier County Water -Sewer District and Florida Design Drilling Corporation and authorize the Chairman to sign the attached agreement. Meeting Date: 02/14/2023 Prepared by: Title: — County Attorney's Office Name: Madison Bird 01/26/2023 12:55 PM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 01/26/2023 12:55 PM Approved By: Review: Public Utilities Planning and Project Management Matthew McLean Public Utilities Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners George Yilmaz Level 2 Division Administrator Review Ronald Tomasko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Susan Usher Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Reviewer Completed 01/26/2023 2:48 PM Completed 01/27/2023 10:05 AM Completed 01/30/2023 3:05 PM Completed 01/30/2023 3:17 PM Completed 0 1 /31/2023 11:08 AM Completed 02/02/2023 2:25 PM Completed 02/06/2023 11:20 AM 02/14/2023 9:00 AM Packet Pg. 1344 16.K.5.a MEDIATED SE T T LE MENT AGREEMENT AND MUTUAL RE r,ASE This Settlement Agreement and Mutual Release ("Agreement") is made and entered into this 17th day of January 2023, between the Collier County Board of County Commissioners (hereinafter "County"), as Ex-Officio of the Collier County Water -Sewer District, and Florida Design Drilling Corporation (hereinafter "FDDC"), collectively referred to as the "Parties" or individually as "Party." WHEREAS, FDDC was the: low bidder for the Tamiami Well No. 40, Invitation to Bid No 20-7808 (hereinafter "Project") in the amount of $1,134,000.00, and subsequently submitted a claim, by correspondence dated December 1, 2021 (a true and correct copy of which is attached hereto and marked as Exhibit "A"), for a "contract price adjustment" in the amount of $109,831.57 for "unforeseen subsurface conditions encountered that [were] materially different from the information available at the time of bid"; and WHEREAS, the County denied liability for FDDC's claim; and WHEREAS, after a pre -suit mediation session on January 13, 2023, held before Tony J Rodriquez, Esquire, a certified Circuit Court Mediator mutually agreed upon between the Parties, the Parties to this Agreement wish to fully settle and resolve all existing and potential disputes pertaining to FDDC's claim. NOW, THEREFORE, in consideration of each and all of the mutual covenants, promises and considerations set forth herein, the sufficiency of which is hereby acknowledged by the Parties, the Parties do hereby agree as follows: 1. Incorporation by reference. The Parties agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses," by reference into this Agreement as though fully rewritten herein. Packet Pg. 1345 16.K.5.a 2. Non -admission of liability. It is understood and agreed that this Agreement is the compromise of a disputed claim, and that any payment made hereunder is not to be construed as an admission of liability, fault or responsibility as to any claims or allegations on the part of any party, which liability is and has been expressly denied. 3. Settlement Payment. In consideration of the Releases set forth below the County agrees to pay FDDC a total of $10,000.00 (the "Settlement Amount") in resolution of FDDC's claim, and FDDC agrees to forfeit its right to payment of any sums in addition to the Settlement Amount or the amounts already paid by the County including, without limitation, all claims to any other compensation for any amounts previously owed or alleged to be owed by the County, except for the amounts sought by FDDC in its two (2) previously submitted outstanding applications for payment (the "Remaining Pay Apps") (true and correct copies of which are attached hereto and marked collectively as Composite Exhibit "B") which the County has requested be submitted as single final application. The Parties acknowledge that the Settlement Amount is being paid to FDDC as a compromise and in consideration for the settlement of FDDC's claim. However, the Parties shall be responsible for their own respective attorney's fees and costs incurred in this matter, if any. In addition, the Mediator's fee shall be equally divided (50150) between the parties. 4. Releases. Each Party, on behalf of itself, and its past, present and future attorneys, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, shall release and forever discharge every other Party to this Agreement, its affiliates, subsidiaries, related companies, predecessors, successors and/or assigns, subcontractors or affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, and members from any and all claims of whatever nature or description, whether now known or arising in the future, and whether arising from contract, indemnity, [23-PU W-00327/ 1765046/ 11 2 Packet Pg. 1346 16.K.5.a warranty, express or implied, in contract or tort, relating to FDDC's claim. However, this Release excludes any latent defects in FDDC's existing Work (as that term "Work" is defined under the Parties' construction contract), or any potential repair and corrective work. 5. Voluntary Execution/Role of Legal Counsel. The Parties acknowledge that this Agreement is freely and voluntarily executed, that the Parties have been apprised of all relevant information concerning this Agreement, and that the Parties have had the opportunity to consult with and receive the advice of legal counsel in entering into this Agreement. In executing this Agreement, the Parties acknowledge that they do not rely on any inducements, promises, or representations other than those contained herein. In this regard, the Parties acknowledge that this Agreement is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is to be construed against any of the Parties based upon a claim that one of the Parties drafted the Agreement, or that the language of the Agreement was intended to favor one of the Parties. 6. Governing law and venue. This Agreement shall be deemed to have been male and to be performed, and shall be interpreted, construed, and enforced, in accordance with the laws of the State of Florida. Venue for any dispute regarding this Agreement will be Circuit Court in Collier County, Florida. 7. Complete Agreement. The Parties acknowledge that in deciding to execute this Agreement and then in executing this Agreement, they have not relied upon any agreement, statement, or representation that is not specifically set forth herein, that this Agreement conta;ns the entire agreement between the Parties hereto regarding the resolution of their disputes and FDDC's claim, and that the terms of the Agreement are contractual and not mere recitals. [23-PUW-00327/1765046/11 3 Packet Pg. 1347 16. K.5.a 8. Modifications. This Agreement cannot be amended, modified, or amplified except by agreement and written document, which is signed by all Parties hereto. No oral statement made by any person shall operate to modify this Agreement in any manner or otherwise affect its terms and provisions. 9. Severability. If any term or provision of this Agreement is deemed unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed enforceable and in effect. 10. Enforceability. This Agreement is effective and binding upon the Parties as of the date it is executed on behalf of the County and on behalf of FDDC (the "Effective Date") and is subject only to the approval of the Board of County Commissioners of Collier County, Florida at a duly noticed meeting. 11. Non -Waiver. The failure of any party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of any such provisions. 12. Authority to Bind. The signatories hereto each warrant and represent that they have the requisite authority to enter into this Agreement on behalf of the respective party, and this Agreement is subject only to the approval of the Board of County Commissioners of Collier County, Florida at a duly noticed meeting. This Space Intentionally Left Blank [23-PUW-00327/1765046/11 4 Packet Pg. 1348 IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on as set forth below. MEDIATOR Tony J. Rodrtiuez, Esqthrc [23-PUW-00327/ 1 76so46r1 1 COLLIER COUNTY, FLORIDA Matt McLean, P.E. Division Director, Collier County Public Utilities Department, Enginecring & Project Management Division FLORIDA DESIGN DRILLING CORPORATION /bzl- 4J y o enior Vice President M N 0 C E t U f0 rr Packet Pg. 1349 16.K.5.a IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on as set forth below. MEDIATOR COLLIER COUNTY, FLORIDA Tony J. Rodriguez, Esquire Matt McLean, P.E. Division Director, Collier County Public Utilities Department, Engineering & Project Management Division FLORIDA DESIGN DRILLING CORPORATION � C J&p6y flo , Senior Vice President [23-PU W-00327/ 1765046/ I) M N 00 0 d c m E d d L Q E d d co M co L a Packet Pg. 1350 16.K.5.a ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller Al Dated: (SEAL) Approved as to form and legality: Ronald T. Tomasko Assistant County Attorney [23-PU W-00327/ 1765046/ 1 ] BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO OF THE COLLIER COUNTY WATER -SEWER DISTRICT 6 Rick LoCastro, Chairman M N 00 r. c') Packet Pg. 1351 EXHIBIT A I 16.K.5.a FLA DRIWNO V December 1, 2021 Tom Sivert Collier County 11286 Tamiami Trail N. Naples, FL 34110 Project: New Tamiami Well #40 Subject: Contract Price Adjustment Due to Unforeseen Conditions Mr. Sivett, Pursuant to Article 2.3 of the Contract Agreement General Conditions, this letter shall serve as notice that Florida Design Drilling Corporation (FDD) is seeking a contract price adjustment for unforeseen subsurface conditions encountered that are materially different from the information available at the time of bid. Collier County was previously notified of unforeseen subsurface conditions encountered via email on 6/28/21. FDD continued with the work as required by the contract documents. The limits of the unforeseen subsurface conditions extend from approximately Station 11 + 30 to the connection point to the existing raw water main at approximately Station 21 + 80. Exhibit J of the bid documents provided a geotechnical report and six (6) soil borings for the areas within the project scope. Figure 2 of the geotechnical report shows the locations of the six (6) soil borings, and the Soil Borings Summary provides information on types of subsurface materials collected at various depths. Soil Borings B-2 through B-6 were taken along the route of the new raw water main pipeline included in this scope of work. Soil Boring B-2 shows very hard limestone (caprock) was collected approximately six (6) feet below surface, and Soil Boring B-4 shows very hard limestone (caprock) was collected approximately eight (8) feet below surface. At these depths, only the four (4) storm sewer crossings between Station 11 + 30 to 21 + 80 should have required unsuitable material removal, pipe bedding import, and suitable fill import. FDD encountered caprock approximately three (3) feet below surface from Station 11 + 30 to 21 + 80. This resulted in FDD being required to haul off unsuitable material, import pipe bedding, and import suitable fill. FDD has compiled all additional costs incurred due to this unforeseen subsurface condition. Please see the attached summary and back-up documentation. Included in the summary is a negative value for costs associated with anticipated work for four (4) storm sewer crossings. FDD requests a contract price adjustment of one -hundred nine thousand eight hundred thirty-one dollars and fifty- seven cents ($109,831.57) unforeseen subsurface conditions encountered that are materially different from the information available at the time of bid. 7733 Hooper Road, West Palm Beach, FL 33411 www.FLDrlUing.com Phone: 561-844-2966 Fax: 561444-2967 State of Florida Water Well Contractor 511148 State of Florida Certified General Contractor CGC1522104 Packet Pg. 1352 1 I 16.K.5.a F1: LOF�1DA DRIW, 1l10 If you have any questions, please email me at NickgFlDril ing.com or call my mobile phone at (561) 222-6823. Sincerely, Nicholas Martin Florida Design Drilling Corp. 561-222-6823 Nick ,F1Drilling.com 7733 Hooper Road, West Palm Beach, FL 33411 www.FLDrUting.com Phone: 561-844-2966 Fa:: 5614W4-2967 State of Florida Water Well Contractor #11148 State of Florida Certified General Contractor CGC1522104 Packet Pg. 1353 F[.ORIDA DESIGN DRIId.WG CORP. 7733 Hooper Rod Wed Palm Bach, FL 33411 PROJECT NAME LOCATION OWNER ENo14FER: Now Tendamt We#Ab. 40 s FL Comer CoLdity BarW. A Srmdno, Ind. DATE: Decwnbw 1, 2021 DRAW NO NO.: SPEC. SECTION: R E F i R E N C E: llntolaesrl Subawimm CoMeorr Emoountered DESCRIPTION: FDD wwooOM hti brAmbirmfee- •lalsublane0v dffww1t daoths rams oTNAaf urftmsao: mdthr FT2D ti ram— eddltir --mals boddft. and f! 14111 LL addCarlaf gbI11wM horn fM h/omm,lm ter w maded arld �O< hail of mm vovtlfdavShe gemb•^a'W a/L ,afire. nmilmimill, Ibf HMM uekereeewl mmllE_dm n Asa 6icallya OEM* dw ldAAles. PRICINOINFORMATION SKILL/TRADE MAK44OURS RATE 1. DIRECT LABOR Welder MH f 104.00 lA GENERAL LABOR: un-od d s0 MH 43.68 Sidled 80 MH f 58.24 opwow BO MH f 62.40 1.8 VF:D ENOWEERNO: Foremen 90 MH f 72.80 SuperintendisfA MH f 9&80 Proled Engbw MH f oleo w MH f 124.80 VIw PnWMft MM is 158.00 1.0 DAILY GENERAL CONDITIONS Time I cne WK 8USTOTAL 1 SMALL TOOL$ a CONIUMABLES 6VWU EAo A PROFIT lox T 1 COST S 1 3,494.40 f 4,88920 S 4,992.00 f 5,824.00 $ f f s f - 18.969.00 f s 1,59e.9a f 2004A MATERIALS AND EOUPMENT 2.A EQUIPMENT: 2.8 MATERIAL 2.0 DIRECT COSTS: DESCRIPTION WEEKS L1NR PRICE COST udwwOwars 0.50 A94TH 56008.a1 f 503.27 Eaesvv w 010 AfvTw IL D.!, 4,284 97 Bf Boa 0.80 UNTH $688.10 f 4U.05 f f l s FUEL ON IA ONLY) SUBTOTAL J f 7212.2e f 7 Taw I LS $79,908. 00 f 79.905.00 Cows Aw Sfwm Cmesing 1 LS 240.00 i 8.240.00 f e S f i f f f s f S SUBTOTAL iB 73,SE5.00 OVERHEAD a PROFIT fl!•T AL 2 f BO,e772/ 10% f 8,097.73 TOTAL(2) f ","&*1 ]. SUBCONTRACTORS DESCRIPTION OF WORK MEN COST OVERHEAD a PROFIT Bonds a IntVnnU Penn ne SUBTOTAL f f 5% f TOTAL 7 f TOTAL / • 3 f 181 If1.67 0.0% f 0.0% aRA710 TOTAL f 10/ g1.67 AZ Fr 8r F ri nae iA.rV+9nxetl S�Y+.eq, 1 OIL— ("1"1 eO ) FAtrge Deelan seep Corp. ("* Packet Pg. 1354 #20373 Tamiami Well #40 Unforeseen Condition Claim Hard Limestone Caprock Expected at Four (4) Storm Sewer Crossings CITY UNIT DESCRIPTION UNIT PRICE EXT PRICE 2 LD #57 Stone $ 680.00 $ 1,360.00 1 LD Unsuitable Fill Removal $ 50.00 $ 50.00 2 HR Unsuitable Rock Removal $ 75.00 $ 150.00 SUBTOTAL COST PER CROSSING $1,560.00 CITY of Crossings 4 GRAND TOTAL COST FOR CROSSINGS $ 6,240.00 Packet Pg. 1355 0Un%ed Rentals• III1111111111�lBI!lli�lllllll gRAM► = DSO 6640 DOWITSC AVE. NAPLBS FL 341 " 23P-674-sJ33 2J9-67a-6332 PAZ COLLIER COUNTY WELL 40 y 925 13TH ST NW NAPLES FL 34120-2072 A h Office: 561-844-2966 Cell: 561-818-9802 FLORIDA DES=GN DRILLING 7733 HOOPER RD WEST PALM BCH FL 33411-3806 4 WEEK BILLING INVOICE # 195370488-001 Customer # : 1050742 Invoice Date t 07/18/21 Date Out : 06/29/21 09:00 AM Billed Througb s 07/27/21 MOO UR Job Loa t 925 13TH ST NW, NAPL U'R Job # t 87 Customer Job ID: P.O. # t 20373 ordered By t JAY BRIGHT Reserved BT t DONALD MCLEAN Salesperson : MITCHELL WOZNIAK Invoice Amount: $6,296.53 Tems: Do Upon Recelpl PetmeM : CorBad our ore& affix 212,333411= EA 64727 REMIT TOt UNITED RENTAL$ (NORTH AMERICA),INC. PO BOX 100711 ATLANTA GA 30384-0711 RENTAL 91111b t QtY Ea"pMent Deacrietion Minimum Day week 4 week Amount i 081463NF LORDER WHEEL 2.5-2.9 CUBIC YARD 700.00 1,900.00 4,200.00 4,200.00 Makes KOMATSU Models WA200-7 Serials 81463 Meter outs 2765.00 Meter ins .00 1 11063735 LOADER WHEEL FORK ATTACHMENT Neket PALADIN Models CUFO60.00WIDEX6 Serials J000126810-1 26.00 135.00 395.00 395.00 Rental Subtota L 4,595.00 BALES/MISCELLANEOUS ITEMSt QtY Item Price Unit of Measure Extended Amt. 1 ENVIRONMENTAL SERVICE CHARGE ]ENV/MCI] 84.000 EACH 84.00 L&&w*W EACH �i19740 1 E �liiet0� EACH 0AP*@Ve00 COMMENTS/NOTESt Sales/Rise Subtotalt Agreement Subtotals Tax: Totals CONTACTt JAY BRIGHT CELL#. 561-819-9802 Billing periods 28 Days From 6/29/21 09s00 AM Thru 7/27/21 09s00 AM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR wMN.UNITBDACADEMY.UR.COM TRAINING IS 3M AVAILABLE ON CERTAIN EQUIPMENT IN CANADA. 3950 M 374.00 4,969.00 32753 5,296:53 "factiv■ January 1, lsll and where permitted by law, United Rentals nay Impose a Gore"* of 1.0% for credit card pa to on cbarpa a000aate. ZUG surcharge is not greater than our M*robant discount rate for credit card transactions and is aubjecb to males ter In acme 'JarisdiatLna. MO41CBs This invoice :s subject to the term and conditions of the Rental and Servioa Agreement, which ara available at bttpst//ww.uaitedrentala.can/ legal /rental-seryLee- tarn• -US and whiob are incorporated herein by reference. A COPY OF TBB R9114tL A3W MVICE AMZkff" TOM ARB AVAnABLB IN PAPER MIN UPON ROMST. Packet Pg. 1356 0Unfied Rontels• Jill ffa f134201VN 23l-i74-6233 230-974-6232 PAT m COLLIER COUNTY WELL 40 A925 13TH ST NW NAPLES FL 34120-2072 A 5 Office: 561-844-2966 Cells 561-818-9802 FLORIDA DESIGN DRILLING 7733 HOOPER RD WEST PALM BCH FL 33411-3806 4 WEEK BILLING INVOICE custolor i 1 1050742 Invoice Date a 09/15/21 Date Out 1 04/12/21 09s00 AM Billed Thronghy49ty`7T—CCT4S UR Job Loc C 925 13TH 8T NW, NAPL UR Job 9 Customer Job IDS P.O. # 1 19224 Ordered a JAY BRIGHT Resew % a DONALD MCLEAN Salesperson a MITCHELL WOZNIAK Invoice Amami $8,629.93 Twma Due Upon POW Pay w opg*= Coiftd ou ad elks 212.33&6WO E4. 44T2T REJWT TO, UNITED RENTALS (NORTH AMER".INC. PO BOX 100711 ATLANTA GA 3038"711 RENTAL ITEMBs _QtX SOmiparent Description Minimum Day Week 4 Week 1 11085470 EXCAVATOR 70000-84999# 1,000.00 3,300.00 7,900.00 7,900.00 Makes CASE Models CX350 Serials DAC350X7Ww7P1529 Meter outs 717.00 Meter ins .00 Rentat Bubtotals 7,900.00 BALER/MISCELLANEOUS =TEM81 gtx item Price Unit ,at Measure Extended Ant, 1• ENVIRONMENTAL SERVICE CBARGS (ENV/MCI] 99.000 EACH 99.00 Selo$/Mist Subtotals 99.00 Agreesaent Subtotal, 7,999.00 Taxi 530.93 Totals 0,529.93 COMMMTB/NDM s CONTACTS JAY MIGHT CELL#r 561-019-9902 Billing periods 28 Days From 8/30/21 0900 AN Thru 9/27/21 09100 AM ARE YOU OR YOUR EMPLOYEES IN REED Or OPERATOR CBRTIFICA21CM TRAINING? CONTACT UNITED ACAC MY TODAY 844-222-2345 OR W W.UNITmHWAD3n.UR.COM TRAIN= IB WT AVAILABLE OM CERTAIN EQUIPMENT IN CANADA. 73 - P M affective laaaart 1, 2021 and w"" permitted br lw, United Rsatale mar 11190wa a sarolnree of 1-21 !er credit card payments on chargqea acaoaats. Thin surcharge is net greater than our merchant &**a & rate na for credit card tranotlena and is aabject to salsa tar is mote juxLadietican. smear This iavoies is subject to the terms and eoaditioaa of the Rental mad iarvtae Apreemeat, which are availabla at httpet//ww.adtedrwtals.com/legal/rsMai-aer+loe-terse-D/ and whieh are incorporated basis by reference. A Corr O/ SDt llill= AND MMCa AOa6110=2 29a1a$ Asa AVAiaLLt l'a PAP$R POaf1 UPON Raw >:a$2. Dwrtpr 1 Packet Pg. 1357 16.K.5.a 0United Rwtafs' l��ill f111111111i1111�11 BRAM���Ery 1T�a t'Lr!]6pltD OUL"A 813-630-2003 813-621-7l17 PAX OLDE FLORIDA GOLF CLUB 9393 VANDERBILT BEACH RD NAPLES FL 34120-1715 A 91 Office: 561-844-2966 Cells 561-818-9802 FLORIDA DESIGN DRILLING 7733 HOOPER RD WEST PALM BCH FL 33411-3806 4 WEEK BILLING INVOICE Cnstostar f s 1050742 Invoice Date s 09/10/21 Date Out 1 06/29/21 O1s00 PM Billed Through s 09/21/21 00s00 UR Job LOG s 9393 VANDERBILT BEAC OR Job / 1 90 Customer Job im P.O. / s 20373 Ordg.---.A By s JAY BRIGHT Reserved By sSHAWN CAMPBELL Baleipcir;an s HOUSE ACCOUNT I Invoice Amount $888.10 1 Tpmc Do Upon ft=W p"W 4Om Comad our weds 0Wm 212=4600 EA NM RMT M. UWnO RENTALS (NORTH ANEPiCkING PO BOX 100711 ATLANTA GA 30384.0711 Rb1�AI. 1TEM6 s rQiry Bpuioment Descziation Minimum Day Week 4 Week _A.nt 1 11057191 B3DDING BOX 7 YARD Makes SPEEDSHORE Models BB-07.5-L Serials 205063 COMMENTS/NOTESs CONTACT: JAY BRIGHT CSLI*1 561-018-9902 ONSITE COWMT1 JAY BRIGHT 561-018-9802 ****CALL ONB:TE FOR His! TO EXPLAIN NOW TO GET TO TH=8 JOBBITEeoaa Billing Periods 28 Daps From 6/24/21 0100 PM Thrsa 9/21/21 0100 PM ARE YOU OR YOUR EHPL0YRB8 IN NEED OF OPERATOR CERTITICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR NNN.UMITEDACADIlIOt.UR.CON TRAINING IS NOT AVAILABLE ON CERTAIN EQUE MENT IN CANADA. 20373 53985 104.00 295.00 830.00 Rental Subtotals Agreement Subtotals Tars Totals 830.00 8,10.00 g,10.00 sf6.10 888.10 J aifoutivo January 1, 2021 and where permitted by ins, gaited Rantale may impose a surcharge of 1,111 for credit card payments on burr aaoomets. This surcharge is not greater than our merahamt discoaat rate for credit card transactions and is subject to sal" tan Ln eau jurisdictioss. Somas Shia invoice is subject to the taro and conditions of the Rental cad servica agreement, which are available at httpas//wr•anisadrentala.acml3egal/eental-aartlortars-08 and which are incorporated herein by referen". A CWT Or TO RO ILL AND 423LVICE ROaaMW T1111M Asa AVAILARIA iss Parn Pm was asommi. Packet Pg. 1358 I Jolly Trncldng, Inc. 1852-F 40th Terrace SW Naples, FL 34116 all To Florida Drilling 7733 Hooper Road West Pala Beach Florida 3_411 Ship To Collier Well Area Invoice Date fmdce # 7/15/2021 37086 PA, Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code DearAption Rate Amount 18 Dump Truck Haul Away Unsuitable Rock By Hour 75.00 1,350.00 ' 6-30 6 Haul Removal Of Unsuitable Rock By The Load 50.00 300.00 6-30 8 Fill Site Work - Fill, per load 6-30 275.00 2,200.00 3 Rock 57 Rock, per load 6-30 680.00 2,040.00 1 Mobilization Mobilization Of Equipment Bobcat 125.00 125.00 6-30 24 Dump Truck Haul Away Unsuitable Rock By Hour 3 75.00 1,800.00 Trucks 7-1 8 Haul Removal Of Unsuitable Rock by the Load 50.00 400.00 7-1 9 Fill Site Work - Fill, per load 7-1 275.00 2,475.00 16 Dump ?ruck Haul Away Unsuitable Rock By Hour 7-12 75.00 1,200.00 8 Haul Removal Of Unsuitable Rock By the Load 50.00 400.00 7-12 2 Rock 57 Rock, per load 7-13 680.00 1,360.00 2 Fill Site Work - Fill, per load 7-13 275.00 550.00 16 Duml Truck Haul Away Unsuitable Rock By Hour 75.00 1,200.00 7-13 16 Dunp Truck Haul Away Unsuitable Rock By Hour 75.00 1,200.00 7-14 2 Rok 57 Rock, per load 7-15 680.00 1,360.00 Invoice as per Wment Y t a Thank you for o Prom P Payment. Total PaymsntWCredits Balance Due M N 00 0 a� E a� a a� E a� r a� Cn Cn a u- a 0 J a z U- w 0 r, r E Pape 1 a Packet Pg. 1359 Jolly Trucking, Inc. 1852-F 40th Terrace SW Naples, FL 34116 Bin To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 Ship To Collier Well Area Invoice Date Invoice # 7/15/2021 37086 P.O. Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Deocriptlon Rate Amount 6 Haul Removal Of Unsuitable Rock By the Load 50.00 300.00 7-15 16 Dump Truck Haul Away Unsuitable Rock By Hour 75.00 1,200.00 20373 - Processed and pald by Paula 8/6/21 52270 NM Invoice as per agreement Thank you for your prompt payment Total $19,460.00 Payments/Cre is $0.00 Balance Due $19,460.00 M N 00 Pape 2 Q C� Packet Pg. 1360 Jolly Trucking, 1852-F 44th Terrace SW Naples, FL 341=6 Bill To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 Inc. 20373 - Pay ASAP 52270 NM Ship To Invoice Date Involve # 7/21 /2021 37102 P.O. Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Description Rate Amount 2 Rock 57 Rock, per load 7-19 680.00 1,360.00 6 Haul Removal of Unsuitable Rock By The Load 50.00 300.00 7-19 16 Dump Truck Dump Truck By Hour To Unsuitable Rock 75.00 1,200.00 7-19 4 Haul Removal Of Unsuitable Rock By The Load 50.00 200.00 7-20 16 Dump Truck Dump Truck By hour to Haul Unsuitable 75.00 1,200.00 Rock 7-20 2 Rock 57 Rock, per load 7-21 680.00 1,360.00 7 Fill Site Work - Fill, per load 7-21 275.00 A7C AA. 1,925.00 16 Dump Truck Dump Truck by Hour to haul Unsuitable 75.00 1,200.00 Rock 7-26 4 Haul Removal of Unsuitable Rock by the Load 50.00 200.00 7-26 8 Dump Truck Dump Trunk by Hour To Haul unsuitable 75.00 600.00 Rock 7-27 1 Haul Removal of Unsuitable Rock by the Load 50.00 50.00 7-27 16 Dump Truck Dump Truck by Hour to Haul unsuitable 75.00 1,200.00 Rock 7-28 Invoice as per agreement. Thank you for your prompt payment. Total Payments/Credits \ Balance Due Page 1 M N 00 0 a� L c a� E a� a c a� E a� (D U) a) a Packet Pg. 1361 16. K.5.a Jolly Trucking, Inc. 1852-F 40th Terrace SW Naples, FL 341.E Bill To Florida Drilling 7733 Hooper Road ,West Palm Beach Florida 33411 Ship To Invoice Date Invoice # 7/21 /2021 37102 P.O. Number Terms Phase Project Jay Net 10 Collier Wells Quantity item Code Description Rate Amount 61 Haul Removal of unsuitable Rock by the Load 50.00 300.00 7-28 3 Dump Truck Dump Truck by Hour to Haul unsuitable 75.00 225.00 Rock 7-29 9 Fill Site Work - Fill, per load 7-29 275.00 2,475.00 2 Rock 57 Rock, per load 7-29 680.00 1,360.00 Invoice as per agreement. Total Thank you fn*your prompt payme^,+.'I Payments/Credits $).00 Balance Due Page 2 M N 00 0 a� L c a� E a) a� L Q E .F. CO CO 1 L a Packet Pg. 1362 16. K.5.a Jolly Trucking, Inc. 1852-F 40th Terrace SW Naples, FL 34116 Bill To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 Ship To Collier Well Fields Invoice Date Invoice! 812/2021 37115 P.O. Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Desc 1ption Rate Amount 2 Rock 57 Rock, per load 8-2 680.00 1,360.00 6 Haul Removal Of unsuitable Rock by Load 8-2 50.00 300.00 16 Dump Truck Dump Truck To Haul by Hour 8-2 75.00 1,200.00 4 Rock 57 Rock, per load 8-3 680.00 2,720.00 3 Haul Removal Of unsuitable Rock by Load 8-3 50.00 150.00 6 Dump Truck Dump Truck to Haul by Hour 8-3 75.00 450.00 18 Dump Truck Dump Truck to Haul by hour 8-9 75.00 1,350.00 6.5 Dump Truck Dump Truck to Haul by hour 8-10 75.00 487.50 1 Lime Rock Lime Rock Delivered 8-10 475.00 475.00 2 Rock 57 Rock, per load 8-10 680.00 1,360.00 4 Haul Removal of unsuitable Rock by Load 8-10 50.00 200.00 8 Fill 2,200.00 Site Work - Fill, per load 8-11 275.00 20373 - PAY NOW PLEASE 52270 NM Invoice as per agreement. Thank you for your prompt payment. Total /A axx TO _ �� PaymentslCredits $0.00 Balance Du �0 ,$', M N 00 0 a� c a� E a� a c a� a� Cn r M d L a. Packet Pg. 1363 16. K.5.a Jolly Trucking, Inc. 1852-F 40th Terrace SW Naples, FL 34116 Bill To Florida Drilling 7733 Hooper Road West Palen Beach Florida 33411 Ship To Invoice Date invoice # 8/162021 37132 P.O. Number Terms Phase Project Jay Net 10 CoIlier Wells Quantity item Code Description Rate Amount 18 Dump Truck Dump Truck To Haul Rock by Hour 8-16 75.00 1,350.00 4 4 Haul Removal of unsuitable Rock by Load 8-16 50.00 200.00 14 Dump Truck Dump Truck to Haul Rock by Hour 8-17 75.00 1,050.00 1 Haul Removal of unsuitable Rock by Load 847 50.00 50.00 2 Rock 57 Rock, per load 8-17 680.00 1,360.00 12 Dump Truck Dump Truck to Haul Rock by Hour 84 8 75.00 900.00 7 Haul Removal of unsuitable rock by Load 8.18 50.00 350.00 5 Rock 57 Rock, per load 8-18 680.00 3,400.00 14 Dump Truck Dump Truck To Haul Rock by Hour 8-19 75.00 1,050.00 2 Rock 57 Rock, per load 8-19 680.00 1,360.00 3 ' Haul Removal of unsuitable rock by Load 8-19 50.00 150.00 20373 - PAY ASAP 52270 I NM I I V Invoice as perl 4 day agreement TO�I Thank you for your prompt payment. $11,220.00 Payments/Credits $0.00 Balance Due $11,220.04 M N 00 0 2 a� E a) L a� a c a� E r a� Cn r Cn L a 0 Packet Pg. 1364 1 ti.K.5.a Jolly Trucking, Inc. 1852-F 40th Terrace SW Naples, FL 34116 Bill To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 Ship To Invoice Date Invoice # 8/24/2021 37141 P,O. Number Terms Phase Project Jay Net 10 Collier Wells Quantity hem Code Description Rate Amount 5 Haul Removal of unsuitable Rock 8-23 50.00 250.00 17 Dump Truck Dump Truck to Haul Rock by hour 8-23 75.00 1,275.00 2 Rock 57 Rock, per load 8-24 680.00 1,360.00 2 Fill Site Work - White Fill, per load 8-24 275.00 550.00 9.5 Dump Truck Dump Truck to Haul Rock by hour 8-24 75.00 712.50 1 Rock 57 Rock, per load 8-25 680.00 680.00 3 Fill Site Work - White Fill, per load 8-25 275.00 825.00 20373 - Pay ASAP 52270 NM Total �•6 �� Payments/Credits $0.00 Balance Due `f a' M N 00 Packet Pg. 1365 16. K.5.a Jolly Trucking, Inc. 1852-F 40th Terrace SW Naples, FL 34116 Bill To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 Ship To Invoice Date Invoice # 9/8/2021 37155 P.O. Number Terns Phase Project Jay Net 10 Collier Wells Quantity item Code Description Rate Amount I Rock 57 Rock, per load 9-8 680.00 680.00 8 Dump Truck Dump Truck to Haul Rock 9-8 75.00 600.00 2 Haul Removal of unsuitable rock by Load 9-8 50.00 100.00 14 Dump Truck Dump Truck to haul Rock by Hour 9-15 75.00 1,050.00 2 Rock 57 Rock, per load 9-15 680.00 1,360.00 4 Haul Removal of unsuitable rock by load 9-15 50.00 200.00 2 Fill Site Work -White Fill; per load 9-15 275.00 550.00 7 Dump Truck Dump Truck to Haul Rock by hour 9-16 75.00 525.00 1 Rock 57 Rock, per load 9-16 680.00 680.00 4.5 Dump Truck Dump Truck to haul Rock by hour 9-17 75.00 337.50 2 Haul Removal of unsuitable rock by Load 9-17 50.00 100.00 20373 - PAY ASAP 52270 NM Invoice as per 10 day agreement. rd Total Thank you for your prompt payment. Payments/Credits $0.00 Balance Due �� ' r M N 00 0 a� c a� E a> 2 aM a c 0 E a� aD Cn a� a . r. Packet Pg. 1366 Jolly 'Trucking, Inc. 1852-F 40th Terrace SW 10373 Naples, FL 34116 52270 JTH Bill To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 Ship To Invoice Date Invoice # 9/21 /2021 37170 P.O. Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Description Rate Amount 3 Rock 57 Rock, per load 9-21 680.00 2,040.00 2 Fill Site Work - White Fill, per load 9-21 275.00 550.00 2 Rock 57 Rock, per load 9.23 680.00 1,360.00 7 Dump Truck Dump Truck by Hour to Haul Rock 9-27 75.00 525.04 1 Haul Removal of unsuitable Rock by Load 9-27 50.00 50.00 5.5 Dump Truck Dump Truck by Hour to Haul Rock 9-28 75.00 412.:i0 2 Rock 57 Rock, per load 9-28 680.00 1,360.00 l Fill Site Work -White Fill, per load 9-28 275.00 275.00 4 Fill Site Work - White Fill, per load 9-29 275.00 1,100.00 2 Rock 57 Rock, per load 9-29 680.00 1,360.00 2.5 Dump Truck Dump Truck by Hour to Haul Rock 9-29 75.00 187.50 7.5 Dump Truck Dump Truck by hour to Haul Rock 9-30 75.00 562.50 4 Haul Removal of unsuitable Rock 9-30 50.00 200.00 i I I "�/' Due upon Receipt Sb Total • S;a r3 - Payments/Credits $0.00 Balance Du Packet Pg. 1367 1- 16. K.5.a From: Jeffrey Holst To: From: Michelle Varoas Cc: To: Tom S'Iyert: Nick Martin Brandon Hoist Farnando Fuentes; 3pe • losh.Bauer Pam Libby CcKPIIIP F ssinger' Seat Hanes: lay Bright OI Subject: Tamiami Well 40 Unforeseen Subsurface Condibons Date: Monday, June 28, 20214:03:14 PM Michelle, Nick Martin is currently on vacation so I'm sending this email out as a notification of unforeseen surface conditions. We encountered caprock at a depth of about 3' at station 21+70. We are unsure at this time as to the extent of the caprock material and its impact on our cost and schedule. We consider this to be an unforeseen subsurface condition because the geotech report provided at bid time shows no cap rock at 4 of the 6 boring locations. At location B-2, caprock is more than 6' deep and at location B-4 caprock is more than 8' deep. Borings B-5 and B-6, the two closest to station 21+70, show no caprock at all within 10' of the surface. We are moving forward with removal and replacement of caprock with suitable materials per the contract requirements. We reserve our right to submit a claim for this unforeseen' condition. Nick Martin will make that determination within the timeframe allowed per contract. Thank you, JEFMY HOLST Senior Nee President Florida Design Drilling Corporation 7733 Hooper Road West Palm Beach, FL 33411 Direct Line: 561-818-3228 Fax:561-844-2967 ,1gf7FLDrilling.com www.FLDrilling.com com www.instag[am.com/fldrillia&Z Cn N CO 0 a� L E a) a) CO a� E a) a w .3 a� L a H U- a 0 J Q Z U- to d' 0 c� ti T E v W Q �I Packet Pg. 1368 16.K.5.a COMPOSITE EXHIBIT B PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group Surety Claims Department P.O. Box 3636 Baln Cynwyd, PA 19004 December 28, 2022 Collier County Board of County Coin inissioners Attn: 'Thomas A. Sivert, P.E. 2885 Horseshoe Drive S. Naples, FL 34104 Email: tom.sivert ce colliercountyfl.gov; Cynthia.mccanna@ coiliercountyfl.gov; ana.reynoso@colliercountyfl.gov RE: Conditional Consent of Surety and Direction of Funds ( Final Pav Ann #8 Surety: Philadelphia Indemnity Insurance Company Principal: Florida Design Drilling Corporation ("Principal") Bond No. PB 12270900344 ("Bond(s)") Obligee: Collier County Board of County Commissioners ("Obligee") Project: New Tamiami Well 40 ITB No. 20-7808 ("Project") Dear Obligee: In accordance with the Surety's letter dated October 25, 2022, Philadelphia Indemnity Insurance Company, as surety under the above referenced Bonds hereby approves and consents to the release of the following payments under the terms and conditions noted below: Obligee shall remit all funds that would be otherwise payable to Principal under Principal's Application and Certification for Payment Number (#8 - Final Pay App) (a copy of which is attached hereto), in the amounts detailed below and remitted per the remittance instructions attached hereto as Exhibit A. I Florida Design Drilling Corporation 1 $64.181.24 1 Philadelphia Indemnity Insurance Company agrees that this payment by Obligee shall not otherwise relieve the Surety of any obligations set forth in said Surety's bond it being further understood that this Conditional Consent of Surety and Direction of Funds is issued under a full and complete reservation of all rights, claims and defenses available to Philadelphia Indemnity Insurance Company whether at law or in equity and that this reservation of rights shall remain in full force and effect unless expressly waived by us, in writing. Sincerely, /�. / -&4Z Cody . Fore Surety Underwriting Manager Direct: 407-443-5412 C.ody.ForeaPHLY.com cc: dannfldrilling_com; noah(w-,f1drilling.com Philadelphia Consolidated HoldhtgCotp. a Philadelphia indemnity lnsuronee Company • Philadelphia insurance Company • hiaguire insurance Agency, Inc. CM N 0 0 m w m E m m L a m E m m rn co 4) a Packet Pg. 1369 16.K.5.a Re: Project: Principal: Obligee: VIA WIRE: EXHIBIT A PIIC ESCROW AGREEMENT REMITTANCE INFORMATION New Tamiand Well 40 ITI3 No. 20-7808 ("Project") Florida Design Drilling Corporation Collier County Board of County Commissioners Bank of America Wire Instructions BENEFICIARY ACCOUNT # 383011372004 BENFICIARY NAME: MAGUIRE INSURANCE AGENCY INC STREET ADDRESS: 100 PRINCETON SO CORPORATE CTR, 4TH FLR CITY: E W ING STATE: NJ COUNTRY: UNITED STATES OF AMERICA ZIP CODE: 08628 BENFICIARY BANK NAME: BANK OF AMERICA NA ABA# 026009593 SWIFT CODE: BofAus3N ADDITIONAL INSTRUCTIONS: Florida Design Dr IllInq 119 scrow #699 VIA ACH: Bank of America ACH Instructions BENEFICIARY ACCOUNT # 383011372004 BENFICIARY NAME: MAGUIRE INSURANCE AGENCY INC STREET ADDRESS: 100 PRINCETON SO CORPORATE CTR, 4TH FLR CITY: EWING STATE: NJ COUNTRY: UNITED STATES OF AMERICA ZIP CODE: 08628 BENFICIARY BANK NAME: ACH ROUTING NUMBER# ADDITIONAL INSTRUCTIONS: VIA CHECI{: Philadelphia Insurance Companies Attn: Richard Kukosky (Escrow #699) 100 Princeton South Corporate Center 4th Floor Ewing, NJ 08628 Direct Dial: 609-512-3858 BANK OF AMERICA NA 031202084 Florida Lrj&srgn Drilling Co.- #699 Philadelphia Consolidated HoldingCorp. a Philadelphia Indemnity Insurance Company - Philadelphia Insurance Company • Maguire Insurance Agency, Inc. M N CD T Q a� L c m E m m w Q c m E m a� U) d a H LL 0 J Q z LL CD 0 LO to t` c d E t U ft3 w rr Q Packet Pg. 1370 16. K.5.a EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.; 2-�� 7��Projec Contractor: 6toRae.2 dr( The following Items have been for the Project known as /iN, and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Z O'do•0• Final Contract Amount: Commencement Date: A-r Substantial Completion Time asset forth In the Agreement: Z`lC) Calendar Days. Actual Date of Substantial Completion: Gli/ac 7.2 Final Completion Time as set forth In the Agreement: 3 o Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor Is: i --2- A--J'AoZ -7- ✓ 4. 2 copies of Operation and Maintenance manuals for equipment and O*�r system submitted (list manuals in attechme t tQQ this form). izi ee vr.-.�c 5. As-Bulit drawings obtained and dated: 7/ i 6. Owner personnel trained on system and equipment operation, 7. Certificate of Occupancy No.: N„�A �✓ Issued on /end%+ram (attach to this form). 8. Certificate of Substantial Completion Issued on G 9. Final Pmen( Application and Affidavits received from Contractor on: l7-h�•/sv. % ✓ 10. Consent of Surety received on /l- J� 11. Operating Department personnel notified Project Is in operating phase. 12. All Spare Parts or Spacial Tools provided to Owner: .% 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: z If any of the above is not applicable, Indicate by NIA. If NO Is checked for any of the above, attach explanation. Acknowledgments: By Contractor �e "&A &e C � 6" —'t%: (Company Name) (Signature) o !+'iif t Qti v rrsr A(A.r (Typed Name & Title) By Design Professional: By Owner: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 28 Construction Services Agreement: Revived 092520 (0) M N 00 0 ar E am Q c ar E ar ar a Packet Pg. 1371 16. K.5.a EXHIBIT Ft CERTIFICATE OF SUBSTANTIAL COMPLETION /� OWNER'S Project No. 20-7808 Design Professional's Project No. W7 PROJECT: New Tamiamt Well 40 CONTRACTOR Florida Design Drilling Corporation Contract For Contract Date December 20, 2020 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to ilia following specified parts thereof; To Board of County Commissioners of Collier County Florida OWNER And To Substantial Completion Is the state in the progress of the Work when the Work (or designated portion) Is sufficiently compiote in dccordanco with the Contract Documonts so that the Owner can occupy or utilize the Work for its Intonded use. The Work to which this Certificate applies has been Inspected by authorized representatives of OWNER. CONTRACTOR AND DESIGN PROFESSIONAL, and that Work Is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: June 2, 2022 DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the facture to include an Item In it does not alter the responsibility of CONTRACTOR to complete all the Work In accordance with the Conlrac ocuments, The Items in the tentative list shall be completed or corrected by CONTRACTOR within __days of the above dale of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heal, utilities, Insurance and warranties shall be as follows: 28 Conslruelion sorAces Agreemani: Rovised 002620 (v7) Packet Pg. 1372 16. K.5.a RESPONSIBILITIES: OWNER: CONTRACTOR Pre Punchllst Inspection, Complete punch list Items. South Plant SCADA. Work Directive 3 (Concrete Slab), Start up, Training, Final Walk through, 097, Arc Flash Study, Post Con Video /,tea cl�R S f The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not In accordance with the Contract Documents nor is It a release of CONTRACTOR'S obligation to complete the Work in accordance with the Centred Documents. Executed by Design Professional on , 20 Dominick M�� I Digitally signed by Dominick osi M Pro ass onel D2022.06.0209:02:24 By: Amico, P.E. Type Name and Tttle CONTRACTOR accepts this Certificate of Substantial Completion on June 2 2022 CONTRACTOR By. Nicholas Martin, Vice President Type Name and Title OWNER accepts this Certificate of Substantial Completion on A A� 4L , 20LZ- �OvWNER Type Name and Title 27 Construcilen Sorvioee Aareament- Revised 002520 (0) 2 rm N LO It N M N 00 0 L c E a� a� L Q c m E m m rn rn d a Q Packet Pg. 1373 16. K.5.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PEEMIT NBR: PRBD2021031372701 CO TYPE: COMP ADDRESS: 1042S Vanderbilt Beach RD, Naples CO NBR: ST._ ATUS: Finaled ISSUED DATE: October 06, 2022 LOT• 13LOCK: T .TQ(': Construct wellhead, pump, piping, concrete pad, covered awning, excavation and fill 10425 Vanderbilt Beach RD 19 to) u 104 %W0 WIV41_ QWNER: SCHOOL DISTRICT-R/EEE ELEMENTARY R/COM130 SCHOOL BEE % SUPERINTENDENT 32 48 27 BEG AT 81/4 CNR SEC, S87DEG 33'36"W 1283.30FT, N2 DEG 15'36"W 2012.09FT, N87DEG 12'54"E 641.45FT, N 2DEG 14' Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. Packet Pg. 1374 1 ti.K.5.a EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Thomas Sivert Bid Projectect No. 20_7808 Count 's Division Name PubOc0019a Purchase Order No. _ 4500210166 Submitted by Contractor Name Nicholas Martin Application Date: 12/22/2022 -Representative: Contractor's Name & Address: Baa aoaa wa T71] FariG Deign Wlrp Carparen F/oopp 4 PYT dt, FL �Nt 1 Payment Application No. 8 FINAL Original Contiac:i �Timw. 270 Original Contract Price: $1,134,000.00 Revised Contract Time: 1324 Total Change Orders to Date. $0.00 Revised Contract Amount: $1,134.000.00 Total Value of Work Completed & Stored to Date: $1 093 624.86 + + Retainage @10% through (Insert Date] $ Retainage @ 10% through (Insert date) $ 0.00 Retainage @ 5 % after Insert date erm, $ Less Retainage $1 093 624.86 + + Total Earned Less Retaina e $ Less previous payment(s) $1,029.44362 Percent Work Completed to Date: % 100 AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: $64,181.24 Liquidated Damages to Be Accrued $ Remaining Contract Balance $40 375.14 + ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through 7 inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name NtWI$Mar4n Contractor's Signature' Date: I 12n=022 Type Title: Vice President Shaff be signed by an authorized representative of the Contractor Payment to the CONTRACTOR for the above AMOU T DUE THIS APPLICATION Is recommended by: Design Professional's Name: Signature: Date: I/ Payment to the CONTRACTOR for the above AMOWLDUE THIS APPLICATION Is recommend d Owner's Project Manager Name: / - Signature: Date: Packet Pg. 1375 16. K.5.a &CAD" w VAWI. nMM.... 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Ml.w•IgY.Nl...1 r.e ••.h ernr+•wNtiw.n*•�rwN MM.w...nwM+.w.!».„wo...w....�.uk.wv,.... Nfw.•w..w a.e..w.:c`.w.. .fa•nrww••� m..+ww mm��•• M N 00 O L C d L tm Q C d Co Cn L IL U. �a c J a z FL w 0 t• c a� E t u �a r a Packet Pg. 1376 16. K.5.a EXHIBIT C; RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared ill ewot,ls who after being duly sworn, deposes and says: (1) In accordance with the Contract Docyments and In consideration of = 4% IF(,XY to be received, 6sg- ("Contractor") releases and wolves for itself and It's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether In contract or In tort, against the Board of County Commissioners of Collier County, Florida, relaling In any way to the performance of the reement between Contractor and Owner, dated l6dcrr+4>H 2� ,20 � for the period from 64,-%A.de, XZ A*'*%to ,hdcJ.4.0_ y2,1v2,2- . This partial waiver and release Is conditioned upon payment of the consideration described above. It is not effective until said payment Is received In paid funds. (2) Contractor certifies for Itself and its subcontractors, malarial -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall he fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees 10 Indemnity, defend and save harmless Owner from all demands or suits, actions, claims of lions or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit, (4) Th-1,A Release and Affidavtl Is given in connection with Conlraclor's (month[ linel Application for Payment No. _� STATE OF FIni i n A COUNTY OF Pat m 6 EA rd CONTRACTOR BY: `V%11111r///, ITS: vicar P4 uaw7r .%4IDvkk Nc'�•. i DATE: by means of 10 physical presence or d WOO notarization, this az 1f01 day of o r ce rnR (L20 V , by NIA uo�_ag 0 C.T 1n as U!6 Pa -Es La 6wi:z of Ftoa-10a M&In in onll\Inn Cyr, a Plon-4 oa corporation, on behalf of the corporalom Jie/she Is QersonaW known to me OR has produced The foregoing Instrument was acknowledged before me My Commission Expires: 9 r 2 0)- Y (AFFIX OFFICIAL SEAL) a�rP'n e� Jeanine M Alfieri Commission k HH 38472 Z Commission Expires 09-01.2024 Bonded Through . Cynanolery rr� Fonda - Notary PuWc _ asldantificetlon and did (did not) lake an oath. ure of Notary Public)" �JEAtilrUr, M r4�Fl 2 (Legibly Printed) Notary Public, Stele of F l o A.-r n 4. Commissloner No.: 1414 ak't7 Z 21 Construction Services Agreement: Revised 092020 (0) m m d W 2 cfl N In N M N 00 0 d c d E ar a� a� a rn 41 a a Packet Pg. 1377 16. K.5.a mon' EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Thomas Sivert Bid Projectect No. 20-7808 Count 's Division Name Public Utilities Purchase Order No. 4500210166 Submitted by Contractor Representative: Name Nicholas Martin Application Date: 0/20/2022 Contractor's Name & Address: Florida DeagnDnIUVCowat. 7733Hbopor Road~ Palm B.r3tFL3N11 Payment Application No. 7 Original Contract Time: 270 Original Contract Price: $1,134,000.00 Revised Contract Time: 1324 Total Change Orders to Date: $0.00 Revised Contract Amount: $1,134,000.00 Total Value of Work Completed & Stored to Date: $ i,083,624.86 Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ 54,181.24 Retainage @ 5 % after Insert date 9r3012, $ Less Retainage $ 1 90299443.62 Total Earned Less Retaina e $ Less previous a ment s $879,561.77 Percent Work Completed to Date: % 100 AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % $149 881.$5 Liquidated Damages to Be Accrued $ Remaining Contract Balance $ 50 375.14 ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through B inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Nicholas Martin Contractor's Signature: Date: 11012mon Type Title: Vice President Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: 00"'c rco Si nature Date 1 /,0 t70 Z Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended Owner's Project Manager Name: Signature: Date. M N co T 0 L c a� E a� a� L a c m E m m U) Z V) a t— u_ a J Q z v 0 to co c m E t U a Packet Pg. 1378 16. K.5.a tEMnoil•nrleSl KXEDHIL OD YAi t:E ..Ynr r.Yrrrr we.a •.rf ENttt 10/f I/W]S nJr +•+tte1 DacDw.roY COYI••m amm"m +lOIS VALYE cwiun IDl•L ,voe, CaWlno T6uu MAIL COOfnm •DO a town retoSY+ CA—M St•1 1 MESfSY gINNOt Sn•�eI-0t tn•Y%Dl w+IM•6O •DSVpptl•L+C•,pY1 Mr MIIOO YeM SY!o a { MOOOm s JODm. iIDt f mamm w S f Aa,- l0w . s +SWoo 5 ,S.Oo 'M +I+N aaMa rotlS+n RS G F) s mou S :•AnW s •An. w Ss f I.Allm IWY i S 'AV. 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K.5.a EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared Nicholas Martin being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ 101,637.65 to be received, Florida Des an Drilling Corporation ("Contractor') releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated December 28 , 20_2Q_ for the period from January 30. 2022 to March 31. 2022 . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. 6 CONTRA BY: Nicholas Martin ITS: Vice President DATE: 10/19/2022 Witness N+.y�.4L,,,,r., STATE OF A .IaA COUNTY OF /gL^ /SfAe,4 [Corporate Seal) The foregoing instrument was acknowledged before me by means of M physical presence or O online notarization, this %e day of Oc4 o r 20 2'L , by M%C_N.o lw5 t4aa r4 • A • , as V �<< r��=y;know�n of � a< a t:cr+ d `"` r,�-jbA corporation, on behalf of the corporation. He/she i rsoo me or has producedidentification annot) take an oath. My Commission Expires: ijgA�ur�af ofasy !/ c _ �_ NAME: t"l_C_ 0.A. �u1e'► (Legibly Printed) ay PP. L Michael Perez or �= Commission 0HH 286038 Notary Public, State of ( I 131AimSEBL*ires07-11-2026 ° Bonded Through - Cynanotary Commissioner No.: H N ?tlLr O SU �aF Florida . Notary Public M cm w 0 d c d E a) d a� Q c d E d m rn rn m a Packet Pg. 1380