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Backup Documents 02/14/2023 Item #16K 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 h 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Public Utilities 3. County Attorney Office County Attorney Office RTT % oZI 1y�23 <J�J 4. BCC Office Board of County Commissioners RL 1y 1 /( 2/ly 5. Minutes and Records Clerk of Court's Office 5P5 PLI:761414 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Matt McLean Phone Number Contact/Department Agenda Date Item was 2/14/23 Agenda Item Number I6.K.5 Approved by the BCC Type of Document(s) Settlement Agreement Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, MB provide the Contact Information (Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip MB should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_2/14/23_and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney =; option for Office has reviewed the changes, if applicable. 4;s line. 9. Initials of attorney verifying that the attached document is the version approved by the � � /A is not BCC,all changes directed by the BCC have been made, and the document is ready for the 7 "L option fat Chairman's signature. J�J • I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 1 b.K 5 ; MEMORANDUM Date: February 17, 2023 To: Matt McLean, Division Director Public Utilities Engineering & Project Management From: Martha Vergara, Senior Deputy Clerk Boards Minutes & Records Department Re: Settlement Agreement & Mutual Release Florida Design Drilling Corporation (FDDC) Attached is a scanned copy of the document referenced above (Item #16K5), approved by the Board of County Commissioners on Tuesday, February 14, 2023. The original is being held in the Minutes & Department as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attached 16K 5 MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE 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. 16K 5 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(50/50)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-00327/1765046/1] 2 1 +bK 5 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 made 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 contains 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-PU W-00327/1765046/1] 3 1 6 K 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-PU W-00327/1765046/1] 4 Q C� ibK 5 IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on as set forth below. MEDIATOR COLLIER COUNTY, FLORIDA • - - - • c Tony J. Rodr' uez, Esgi i�! re ( Matt Mclean, P.E. Division Director, Collier County Public Utilities Department, Engineering& Project Management Division FLORIDA DESIGN DRILLING CORPORATION J y olenior Vice President • [23-PUW-00327/1765046/1] 5 16K 5 IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on as set forth below. MEDIATOR COLLIER COUNTY, FLORIDA j/etoef-, 2itc Tony J. Rodriguez, Esquire Matt McLean, P.E. Division Director, Collier County Public Utilities Department, Engineering & Project Management Division FLORIDA DESIGN DRILLING CORPORATION J f y o , Senior Vice President [23-PU W-00327/1765046/1] 5 16K 5 ATTEST: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS OF & Comptroller COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO OF THE COLLIER COUNTY WATER-SEWER DISTRICT ("--'22007,„„ By: kill. .; ,':.n®�i�# By: vim Rick LoCastro, Chairman Sgl►. . .ofltY t Dated: id _4,ii, 4 ! g _AI/ (SEAL) - • 1: Approve as to form and legality: tvl dOvii Ronald T. Tomasko Assistant County Attorney AO Boa ita\ [23-PUW-00327/1765046/1] 6 0 EXHIBIT A 1 b K FLORIDA DRILLING 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.Sivert, 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.FLDrilllng.corn Phone:561-844-2966 Fax:561-844-2967 State of Florida Water Well Contractor#11148 State of Florida Certified General Contractor CGC1522104 . i 6 K 5 FLORI A DRIWNO If you have any questions,please email me at Nick@u,FlDrilling.com or call my mobile phone at(561)222-6823. Sincerely, Na.4144 144,4 - Nicholas Martin Florida Design Drilling Corp. 561-222-6823 Nick@ F1orilling.com 7733 Hooper Road,West Palm Beach,FL 33411 www.FLDrilling.com Phone:561-844-2966 Fax:561-844-2967 State of Florida Water Well Contractor#11148 State of Florida Certified General Contractor CGC1522104 0 Vy 16K 5 ��\ FLORIDA DESIGN DRILLING CORP. a F .OF99V7A 7733 Hooper Road Qr11L 1. 10 West Palm Beach,FL 33411 w l' 21 r . PROJECT NAME. New Tamlarni Wet No.40 LOCATION, Naples,FL DATE: December 1,2021 OWNER CoPer County DRAWING NO.: ENGINEER: Agno4 Barber,&Brundage,Inc. SPEC.SECTION: REF E R E N C E: Unfoneen Subsurface Conditions Encountered DESCRIPTION:FPO encountered herd Anasf40e(gafroc0l at avbtentlenv d9fet9ntdeatha fromihe Information provided by the aeotechnIcel retort(ExNb8 A.As e result of ronal costs for unexpected haul off of unsuitable mittetiek. beddma,thole end Imoforeseen condeJont.FOD his OOOKha of su0abbbb Bl materiel.cc Incurred well a ddflonl ewkmeM end labor costs for theseseen eelNttle p of stone aloe PRICING INFORMATION SKILLJTRADE MAN-HOURS RATE COSTv, _. 1. DIRECT LABOR Welder 1A GENERAL LABOR: Unskilled 80 MN $ 43.88 $ 3,494,40 gkiyd 80 MH $ 58.24 $ 4,659.20499200 OP�1a 80 MN $ 82.40 $ Foreman 80 MH $ 72.80 $ 6,824.00 1,8 FIELD ENGINEERING: Superintendent MH $ 98.80 �S Project Engineer MN $ 93.80 $ Project Manager • MN $ 124.80 $ Vlos Preelderrt MH $ 158.00 $ - 1.0 DAILY GENERAL CONDITIONS Time Increase WK $ SUBTOTAL(1) $ 18,989.60, SMALL TOOLS a CONSUMABLES $ OVERHEAD a PROFIT 10% $ 1,896.96 TOTAL(1) $ 20,846.5e 2.MATERIALS AND EQUIPMENT DESCRIPTION WEEKS 1 UNIT PRICE COST - 2.A EQUIPMENT f 2,603.27 Loader w8n Forks 0.50 MNTH $5,006.53 $ 2,603.27 Excavator 0.60 MNTH $8,529.93 $ Bedding Box 0.50 MNTH $886.10 $ 444.05 $ f f - 3 - f ' SUBTOTAL(2A) $ 7,212.28 FUEL(ON 2—Dijon. $ 2.B MATERIAL79,905.00 Joey Trucking Total 1 LS $79,905.00 $ 8 905.00) Costa for Storm Crossing 1 LS (56,240.00) f $ f ' f $ ' f ' $ $ - f ' f _ $ $ $ _ f - f ' f SUBTOTAL(2.8) •S 73,865.00 SUBTOTAL(2) $ 60,877.28 2.0 DIRECT COSTS. 10% $ 8,087.73 OVERHEAD i PROFR TOTAL(2) $ 86,9115.01 ,.�..-{.�..F..... . DESCRIPTION OF WORK".�.. .. r.T COST SUBCONTRACTORS 3. ,. SUBTOTAL(3) 3 5% $ ' OVERHEAD i PROFIT TOTAL(3) 8 ' TOTAL(1).(2)4(3) $ 109,531.57 0.0% $ Ponds i Insurance0.0% $ Permits GRAND TOTAL f 109,831.57 By. By By: Owner(Authorized Signature) Florida Design Or2INg Corp. Engineer(Authorized Signature) Date: Date: Dale: Q lk 16K 5 #20373 Tamiami Well#40 Unforeseen Condition Claim Hard Limestone Caprock Expected at Four(4)Storm Sewer Crossings QTY 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 QTY of Crossings 4 GRAND TOTAL COST FOR CROSSINGs $6,240.00 11. I 6 K 5 - ()United Rentals. 1111111111111111111111111111 4 WEEK BILLING INVOICE BRANC 030 H # 195370488-001 IAP0 DOMESTIC 3IC AVI. MAPLES FL 34104 239-674-6333 Customer $ 1050742 239-674-6332 FAx Invoice Date : 07/18/21 d COLLIER COUNTY WELL 40 Date Out : 06/29/21 09:00 AM Billed Through : 07/27/21 00:00 A 925 13TH ST NW UUR Job R Job Lop j 825 13TH ST NW, NAPL NAPLES FL 34120-2072 Customer Job IDs A P.O. # : 20373 h Office: 561-844-2966 Cell: 561-818-9802 Ordered By : JAY BRIGHT Reserved By : DONALD MCLEAN Salesperson : MITCHELL WOZNIAK ramsanuarrammanzu..Ntmmunettavgawarmoonommuvenwarairahmaimmuananza FLORIDA DES:GN DRILLING Invoice Amount: $6,296.63 7733 HOOPER RD WEST PALM BCH FL 33411-3806 Terms: Due UponRecelpl Payment options: Contact our crod cMos 212.333.0800 ExL 84727 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC. PO BOX 100711 ATLANTA GA 30384-0711 • a t RENTAL ITEMS: QtY Equipment Description Minimum Day Week 4 Week Amount 1 081463NF LOADER WHEEL 2.5-2.9 CUBIC YARD 700.00 1,900.00 4,200.00 4,200.00 Make: KOMATSU Model: WA200-7 Serial: 81463 Meter out: 2765.00 Meter in: .00 1 11063735 LOADER WHEEL FORK ATTACHMENT 26.00 135.00 395.00 395.00 Make: PALADIN Model: CUF060.00WIDEX6 Serial: J000126810-1 Rental Subtotal: 4,595.00 SALES/MISCELLANEOUS ITEMS: Qty Item Price Unit of Measure Extended Amt. . 1 ENVIRONMENTAL SERVICE CHARGE LENV/MCII 84.000 EACH 84.00 .tlMr EACH ...640R'09 rimPlaiNVihediliMIGE ..1.1.416411V EACH lI Sales/Misc Subtotal: 374.00 Agreement Subtotal: 4,969.00 Tax: 327.53 Total: 5,296.53 COMMENTS/NOTES: CONTACT: JAY ARIGHT CELL#: 561-811-9802 Billing period: 28 Days From 6/29/21 09:00 AM Thru 7/27/21 09:00 AM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITEDACADEMY.UR.COM TRAINING IS NOT AVAILABLE ON CERTAIN EQUIPMENT IN CANADA. 20373- PA#2 53950 NM N/ Effective January 1, 2521 and where permitted by law, United Rentals nay impose a surcharge of 1.8% for credit card payments on charge accounts. This ■urcharge is not greater than our merchant discount rats for credit card transactions and is subject to sales tas in saes jurisdictisna. NOTICE: This invoice _s subject to the terms and conditions of the Rental and Service Agreement, which are available at bttps://ww.uaitedrentela.cos/1ege1/rental-service-terse-US and which are incorporated herein by reference. A COPT OP TEl RENTA:. AND SERVICE AeassmaNT TERNS ARE AVAILADLE IN PAPER PORN UPON REQUEST. , ........ L 14K 5 0 United Rentals. 111111 I11IIi1iIIIdIII1B1i11HIIIi1 4 WEEK BILLING INVOICBRANCA 050 414�MAPLE30 # 192594535-009 239-674-6333 Customer # t 1050742 239-676-63321AB Invoice Data : 09/15/21 d COLLIER COUNTY WELL 40 Date Out : 04/12/21 09:00 AM nBilled Throuq•925 13TH ST NW DRJob #c �nw NAPLES FL 34120-2072 Customer Job ID: P.O. $ a 19224 , Office: 561-844-2966 Cell: 561-818-9802 ordered By : JAY BRIGHT Reserved By a DONALD MCLEAN Salesperson : MITCHELL WOZNIAK FLORIDA DESIGN DRILLING Invoice Amount $8,829.93 7733 HOOPER RD WEST PALM BCH FL 3 3 411—3 8 0 6 Terms: Due Upon Receipt Payment opeons: Coned our des*ass 212.333.8800 Est 84727 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC. PO 80X 100711 ATLANTA GA 30384-0711 RENTAL ITEMS: _ Qty Equipment Description Minimum Day Week 4 Week Amount 1 11085470 EXCAVATOR 70000-84999# 1,000.00 3,300.00 7,900.00 7,900.00 Makes CASE Models CX350 Serial: DAC350X7Nx87P1529 Meter out: 717.00 Meter ins .00 Rental Subtotals 7,900.00 SALES/MISCELLANEOUS :TEMSn Qty Item Price Unit of Measure Extended Amt. 1• ENVIRONMENTAL SERVICE CHARGE (ENV/MCI] 99.000 EACH 99.00 Bales/Miso Subtotal: 99.00 Agreement Subtotal: 7,999.00 • Taws 530.93 Total: 8,529.93 COMMENTS/NOTES: CONTACT: JAY HEIGHT • CELL#s 561-818-9802 Billing periods 28 Days From 8/30/21 09:00 AM Thru 9/27/21 09:00 AM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT UNITED ACADEMY TODAY 844-222-2345 OR WWW.UNITBDACADEMY.UR.COM TRAINING IS DOT AVAILABLE ON CERTAIN EQUIPMENT IN CANADA. 20373 - PA#3 53985 NM Affective Janas+rt 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.8% for credit card payments on charge accounts. This nsroharge is not greater than our merchant discount rate for credit card transactions end is subiect to sales tax in acme jurisdictions. NOTICBS This invoice is subiaet to the terms and conditions of the Rental and Service Agreement, which are available at httpat//wttw.unitedrentala•com/legal/rental-service-terns-UB and which are incorporated herein by reference. A COPY OP TAO BANTAL AND BBRTICB AMAIM=TARNS ARE AVAILABLE IR PAPBR PORK UPON REQUEST. Varna, 1 0 G" 16K 5 °United Rentals* 111111101111110111111111111111111 4 WEEK BILLING TRENCH SAFETY INVOICE mumm 1731 BOULNVARD # 195365843-003 TAMP813-630-2003Pk Customer : 1050742 Eli-sr1-19i7 PAX Invoice Date : 09/10/21 Date Out : 06/29/21 01:00 PM OLDE FLORIDA GOLF CLUB Billed Through : 09/21/21 00:00 9393 VANDERBILT BEACH RD DR Job b Loc : 9393 VANDERBILT BEAC NAPLES FL 34120-1715 Customer Job ID: P.O. 4 : 20373 : ti Office: 561-844-2966 Cell: 561-818-9802 Ordered By JAY BRIGHTReserved By : SHAWN CAMPBELL Salesperson : HOUSE ACCOUNT FLORIDA DESIGN DRILLING Invoice Amount $888.10 7733 HOOPER RD Tama' Due Upon rt*�w WEST PALM BCE FL 3 3 411-3 8 0 6 Payment optham canted MN credit shoe 212.3334800 Est 84721 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC. PO BOX 100711 ATLANTA GA S0384-0711 RENTAS. ITEMS:Qty Equipment Description Minimum Day Week 4 Week Amount 1 11057191 BEDDING BOX 7 YARD 104.00 295.00 830.00 830.00 Make: SPEEDSHORE Model: BB-07.5-L Serial: 205063 Rental Subtotal' 830.00 Agreement Subtotal: 830.00 Taxi 58.10 Total: 888.10 COMMENTS/NOTES, CONTACT: JAY BRIGHT CELL#: 561-818-9802 .ONSITE CONTACT: JAY BRIGHT 561-818-9802 ****CALL ONS:TE FOR HIM TO EXPLAIN HOW TO GET TO TH:S JOBSITE**** Billing period: 28 Days From 8/24/21 01:00 PM Thru 9/21/21 01:00 PM ARE YOU OR YOUR EMPLOYEES IN NEED OF OPERATOR CERTIFICATION TRAINING? CONTACT TRAINING ISANOTAVAILABLE TODAY 4ON2CERTAIN EQ5 OR UIPMENT IN .COM 20373 53985 NM Effective January 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.st for credit card payments on charge accounts. This surcharge is not greater than our merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. NOTICE: Thin invoice is subject to the terms and conditions of the Reatai and Service Agreement, which are available et httpa://wrw.anitedrentals.con/legal/rental-service-tares-08 and which are incorporated herein by reference. A COPY OF TRR RENTAL AND BRRVICR AQREnRNT TERNS ARS AVAILASLR IN PAPER FOIE UPON INQUEST. n......• �`� AMMMEMMMMEM 1 K• 5 Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Date Invoice# Naples,FL 34116 7/15/2021 37086 Bill To Ship To Florida Drilling Collier Well Area 7733 Hooper Road West Palm Beach Florida 3 3411 P.O.Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Description 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-i 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 Truck 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 Dung 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 agrement. Total Thank you for yot prompt payment. Payments/Credits Balance Due Page 1 ,�� i6K 5 Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Date Invoice# Naples, FL 34116 7/15/2021 37086 Bill To Ship To Florida Drilling Collier Well Area 7733 Hooper Road West Palm Beach Florida 33411 P.O.Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Description 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 paid by Paula 8/6/21 52270 NM Invoice as per agreement. Total $19,460.00 Thank you for your prompt payment. Payments!Credlts $0.00 Balance Due $19,460.00 Page 2 0 16K 5 Jolly Trucking, Inc. 20373- Invoice 1852-F 40th Terrace SW Pay ASAP Naples,FL 341.6 52270 Date Invoice# NM 7/21/2021 37102 Gill To Ship To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 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 1,925.00 47 _QQ• —930.00' 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 Truck 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. Total Thank you for your prompt payment. Payments/Credits Balance Due Page 1 r •. � bK Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW - Naples,FL 341:6 Date Invoice# 7/21/2021 37102 Bill To Ship To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 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 Prt •o Thank you for your prompt payment. '1'�s � Payments/Credits $0.00 Balance Due Atagtr Page 2 1 bk Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Naples, FL 34116 Date Invoice# 8/2/2021 37115 Bill To Ship To Florida Drilling Collier Well Fields 7733 Hooper Road West Palm Beach Florida 33411 P.O.Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Description 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 Site Work-Fill,per load 8-11 275.00 2,200.00 20373 - PAY NOW PLEASE 52270 NM Invoice as per agreement. Total '/s/ 1 '.2 Tv Thank you for your prompt payment. PaymentslCredlts $0.00 Balance Dufia"1r: �'3b 1111.. 1 bK 5 Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Naples,FL 34116 Date Invoice# 8/16/2021 37132 Bill To Ship To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 P.O.Number Terms Phase Project Jay Net 10 Collier 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 8-17 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 8-18 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 NM Invoice as per14 day agreement. Total Thank you for your prompt payment. $11,220.00 Payments/Credits $0.00 Balance Due $11,220.00 1 16K 5 Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Naples, FL 34116 Date Invoice# 8/24/2021 37141 Bill To Ship To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 P.O.Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item 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 Aw1.6 S2 ltr Payments/Credits $0.00 illeVBalance Due tO 1 bK 5 - Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Naples,FL 34116 Date invoice# 9/8/2021 37155 Bill To Ship To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 P.O.Number Terms Phase Project Jay Net 10 Collier Wells Quantity Item Code Description Rate Amount 3 cal, • 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. AG- SO Thank you for your prompt payment. Totalq.c } Payments/Credits $0.00 S Balance Due �� '� 16K 5 Jolly Trucking, Inc. Invoice 1852-F 40th Terrace SW Naples,FL 34116 20373 522711 Date Invoice# I7 H 9/21/2021 37170 Bill To Ship To Florida Drilling 7733 Hooper Road West Palm Beach Florida 33411 P.O. Number Terms I 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 ' 7 Dump Truck Dump Truck by Hour to Haul Rock 9-27 680.00 1,360.00 1 Haul Removal of unsuitable Rock by5 Load 9-27 75.00 525.00 5.5 Dump Truck Dump Truck by Hour to Haul Rock 9-28 755 7 .00.00 412.50 .50 2 Rock 57 Rock,per load 9-28 680.00 1,360.00 1 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 Due upon Receipt Total ' Q��2 l Payments/Credits $0.00 Balance Du/I lel CPS bK 5 From: Jffrey Hoist To: From:Michelle Vargas Cc: To:Tom S'tvert;=BE=Brandon As=Famando Fuentes;Ina_Mftrial;DJtp GrossenbauoFh josh Bauer; BuliertBeniamir,pam Libby Cc:Kellie Fissinoer;$ean Harms;jay Bright Subject: Tamiami Well 40 Unforeseen Subsurface Conditions Date: Monday,June 28,2021 4:03:14 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, JEFFREY HOLST Senior Vice President 111 Florida Design Drilling Corporation 7733 Hooper Road West Palm Beach,FL 33411 Direct Line: 561-818-3228 Fax: 561-844-2967 • Jeff@FLDrilling.com www.FLDrilling.con1 www.instagram.cornifldrilling/ cps COMPOSITE EXHIBIT B 1 6 K 5 PHILADELPHIA �r INSURANCE COMPANIES A Member of the Tokio Marine Group Surety Claims Department P.O.Box 3636 Bala Cynwyd,PA 19004 December 28,2022 Collier County Board of County Commissioners Attn:Thomas A. Sivert, P.E. 2885 Horseshoe Drive S. Naples,FL 34104 Email: tom.sivert eolliercountyfl.gov; Cynthia.mccanna@colliercountyfl.gov;ana.reynoso@colliercountyft.gov RE: Conditional Consent of Surety and Direction of Funds(Final Pav Atm#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. Payee Amount Florida Design Drilling Corporation $64,181.24 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, ( O T 4.4 Cody .Fore Surety Underwriting Manager Direct: 407-443-5412 Cody.Fore@PHLY.com PHLY.com cc: dan@fldrilling.com;noahCfldriilinx.com Philadelphia Consolidated HotdingCorp. • Philadelphia indemnity insurance Company • Philadelphia insurance Company • Maguire Insurance Agency,Inc. Ct0 16K 5 EXHIBIT A PIIC ESCROW AGREEMENT REMITTANCE INFORMATION Re: Project: New Tamiami Well 40'TB No.20-7808("Project") Principal: Florida Design Drilling Corporation Obligee: Collier County Board of County Commissioners VIA WIRE: Bank of America Wire 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: BANK OF AMERICA NA ABA# 026009593 SWIFT CODE: BofAus3N ADDITIONAL INSTRUCTIONS: Florida Design Drilling Corporation (Escrow#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: BANK OF AMERICA NA ACH ROUTING NUMBER# 031202084 ADDITIONAL INSTRUCTIONS: Florida Design Drilling Corporation (Escrow#699) VIA CHECK: Philadelphia Insurance Companies Attn: Richard Kukosky(Escrow#699) 100 Princeton South Corporate Center 4th Floor Ewing,NJ 08628 Direct Dial: 609-512-3858 Philadelphia Consolidated HoldingCorp. • Philadelphia Indemnity Insurance Company • Philadelphia Insurance Company • Maguire Insurance Agency,Inc, 0 16K 5 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: 2-°`71R-°P-Project No.: PO No.: 47 U°.2-(0 /66 Date: /2- -1-��}')- Contractor: *io-R.ap,q 1 zIc(r-Q .'Z— fot,ra,�4T¢,.") The following items have been secured by the CL....4ti� COG..-a,c� Cou..7r) for the Project known as 1,.0 94n.a-ima C-'4�-c, o• yG and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: ( tl Y,�a•o. Final Contract Amount: Commencement Date: `Y�+/a-oZt Substantial Completion Time as set forth In the Agreement: Z-`-/GJ Calendar Days. Actual Date of Substantial Completion: C /247-2 Final Completion Time as set forth in the Agreement: '3 0 Calendar Days. Actual Final Completion Date: /Xli2...lya .� YES NO ✓ 1, All Punch List items completed on /2,is./ua-1.. ✓ 2. Warranties and Guarantees assigned to Owner(attach to this form). f/ 3. Effective date of General one year warranty from Contractor is: i-z/:2.lc02.2. 4. 2 copies of Operation and Maintenance manuals for equipment and ✓ system submitted(list manuals in attachme t to this form).lraelo•rti+•vd'c "zt''`'r _� 5. As-Built drawings obtained and dated: 7��iar-2. ✓ 8. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: 4-//4/ 1,7 issued on /°4/-44-1- (attach to this form). 1.--' 8. Certificate of Substantial Completion Issued on G/zlwz-_. 9. Final P4yment Application and Affidavits received from Contractor on: 1-/- / -- ilzai.i. ✓ 10. Consent of Surety received on /1/ya-/t,-3.i e/. 11. Operating Department personnel notified Project Is in operating phase. 1/ 12. All Spare Parts or Special Tools provided to Owner: ✓/- 13. Finished Floor Elevation Certificate provided to Owner: ✓ 14. Other: /i/fixf If any of the above is not applicable, indicate by N/A, If NO is checked for any of the above,attach explanation. Acknowledgments: By Contractor: tr.-0-..Q4 f rr QG.-) Ik1/,4d,-�' e„e.Gtbt 4 T7."-� (Company Name) �� (Signature) / �tGKot.t! y"r�c "-' vrco� / srd��'t (Typed Name&Title) By Design Professional: 4 E/ r °t B#•anaos¢, )" C (Firm Name) (Signature) c.oinkh A,nrc P C. (Typed Name&Title) By Owner: P /J7 (Department Name) )4 A 4 (Signature) (Name&Title)/ 26 Construction Services Agreement:Revised 092520(v7) I C) r I 6 K 5 g)HIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION / pp OWNER'S Project No. 20-7808 Design Professional's Project No, /Cl7'1'—. PROJECT: New Tamiami Well 40 CONTRACTOR Florida Design Drilling Corporation Contract For Contract Date December 28, 2020 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the 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 complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its Intended 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, end the failure to Include an item in It does not alter the responsibility of CONTRACTOR to complete all the Work In accordance with the Contrac ocuments, The Items in the tentative list shall be completed or corrected by CONTRACTOR within .o days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security,operation,safety,maintenance, heat,utilities,Insurance and warranties shall be as follows: 26 Consifucllon Sorviws Agreement:Revised 002620(v7) ibK 5 RESPONSIBILITIES: OWNER: CONTRACTOR Pre Punchlist Inspection, Complete punch list items.South Plant SCADA. Work Directive 3(Concrete Slab), Start up,Training, Final Walk through, O&M,Arc Flash Study, Post Con Video( /,,i4-cl jo✓2 ,. 7 The following documents are attached to and made a part of this Certificate: This certificate does not constitute en 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 Contract Documents. Executed by Design Professional on ,20 Dominic ) Digitally signed by Dominick Design Pro essional J.Arnica,P.i. By: A m i co, P.E. 04 Date: 2022.06.02 09:02:24 Type Name end Title CONTRACTOR accepts this Certificate of Substantial Completion on June 2 20 22 CONTRACTOR By: Nicholas Martin,Vice President Type Name and Title OWNER accepts this Certificate of Substantial Completion on _ A `-•- ,2041.— ��--- OWNER By; 101y� r� Q.T �/� C, /N pt44)C" Type Name and Title 27 Construction Services Agreement Revised 002520(v7) 16K 5 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: PERMIT NBR: PRBD2021031372701 CO NBR: STATUS: Finaled CO TYPE: COMP ISSUED DATE; October 06,2022 ADDRESS; 10425 Vanderbilt Beach RD,Naples SUBDIVISION: LOT; BLOCK; T.R.S.: SLUC CODE; UTILITY COMPANY: JOB DESC: Construct wellhead,pump,piping,concrete pad,covered awning,excavation and fill 10425 Vanderbilt Beach RD NUMBER OF METERS: OVER: SCHOOL DISTRICT-R/EEE ELEMENTARY R/COMBO SCHOOL EEE SUPERINTENDENT LEGAL DESCRIPTION 32 48 27 BEG AT S1/4 CNR SEC, S87DEG 33'36"W 1283.30FT,N2 DEG 15'36"W 2012.04FT,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. Ce,0 16K 5 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier CountyBoard of County Commissioners(Me OWNER) or Collier County Wafer-Sewer Owner's Project Bid No. Manager's Name: Thomas Sivert Project No. 20-7808 County's Division Name Public Utilities Purchase Order No. 4500210166 _ Submitted by Contractor Nicholas Martin Application Date: Representative: Name 12/22/2022 Contractor's Name& Application Payment No. Address: Florida Deign Ori'rrq Go/watchGo/watch7733 Hooper Road Weil Ps'm Beach.FL 33411 y8 FINAL Original Contract Time: 270 Original Contract Price: $1,134,000.00 Revised Contract Time: 324 Total Change Orders to Date: $0.00 Revised Contract Amount: $1,134,000.00 Total Value of Work Completed & $1 093 624.86 Stored to Date: 7 t Retainage @10% $ Retainage @ 10%through [Insert $ through[Insert Date] date] 0.00 Retainage @ 5 % $ Less Retainage $ after[Insert date] 9/30/21 1 ,093,624.86 Total Earned Less Retainage $ Less previous payment(s) $1,029,443.62 Percent Work Completed % AMOUNT DUE THIS $ to Date: goo APPLICATION: Percent Contract Time ok Completed to Date: $64,181 .24 Liquidated Damages to $ Remaining Contract Balance $40 375.14 Be Accrued , ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through 7 inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens,claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Nicholas Martin Contractor's Signature: 4/4CJLL )Y/C4A. Date: 12/22/2022 Type Title: Vice President Shall be signed by an authorized representative of the Contractor, Payment to the CONTRACTOR for the above AMOU�T DUE THIS APPLICATION Is recommended by: Design Professional's Name: m :::p�C [D Signature: .tJ� Date: Payment to the CONTRACTOR for the above AMO DUE THIS APPLICATION is recommended y: Owner's Project Manager Name: ,.-7-- [/�; '''---- Signature: t Date: //'-`5 i 6 K 5 lAY.1I 05..44.1) IGH1OUl6 Of VALUES M.11... 144..4.4.6...I. .40 lull al Iy4.natl 0.00 ,Ln,nan OEM 1000IW 1rt1 101.000% b1PYi.1.1010 i111Cf Mo1A COYIIIiro 100N0 lW4 n.t 11 TOM.. 0$ 10 ro1N OYArfm MLR 01p1t Y4 <4WT10 1WM. ro11t 1,1 kllM.x t. 1.0 M10011 10,1 Tl1.f PiIIOOPP •110,1 .p� WI I $tI„4.. blllnw 4 A Ot)4MI11 v/A11 TOOAIF - 1 $1 I 100.C1 f f00 $1.01. 1 ]lppp R a • t >)0000 1•)Y Mill4.4..40p.•N�414'14.441a In MI Yn6t u n I. • I xp = 1 r • IVA ®E�IImf� ®CvtanlwgQf»ltgl(YNf UIfYnM 0�1 1• t J t'•]� Ap0p I 1 ® •• I.0.0 ilr¢11 • .-Ia nn0ld ©{ M() ( MOM.10 /01.. 4 yy: f !k(-0 ♦ r ,.'...':r4,+f''..r,r..*r""rNr�m I 1010 1A0pp l • 1 llppp 1pf1 f 1.ONW 4 1pp �P.1i1RYt1TK.N1Tu tiv1RMLCY1l Li W 1440 ®�� $ I. 1 � � S s00(4 4 _ R.I11.i.O t Me 11+.i I �:� la 1. 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F�(�'114 0% 10000'f �( 101010 4 0100! 4 css NN.✓1W•OwM11kI P4W,Pp04'YP 1 W..1 LS OC'I50 I IEp0p 1 I;WIp 0M s p001p 104 I IMP, 1 1tut 4 EI 00•0,II1.,,Io4,L,, II 110$0010 I 04V10 10IR 0/O0014 R 4 1 0000 !p. • I 1011W 1 .1H.1 4 10 V11,N Pw'4d.,.Osd,16M..t. l4 WI• 4 1A0101 100 1 I.4. 10 10:011 1100 - 1 1*114 4 Lipp S • II p11040E401+1+ 1111 I 1,O+lp 1 µpep ,p1 140pp R4 I 4LImp lax • 1 $100 I u14p $1 1n 4L.000 C:l n 1 01.0 00'l {}• 10 01= 11 I N0:f7o 1 04 00 1►1 1 WOW !I L•I - $ \Ilpp 1 1pp I 1G. __. ® O0[E• ___}____M'''i♦IICIL:II I f1M 1 v r,a L 1.••• 1 _.._. �IN�i � �� 1 (1C 000 0 T0Rtl00 !lWp®��l M 1a.wnw Yl..l l Warm_ ®1 ipp 0p 1 I.W 10 i tpalp it'7°40 . 4p1p ®,It4rt,1 Q'1/4.IrH{ITAi1.Yl1rf Y1 �11 110%M f 2iil f i l i lion 1 Opp S M00 zu 14 04N,14...-4 1 111 I N.Op10 4 N•40Yp Its f 14111H 00 I • 4 • I .14p111® I II S 1.11011 4 1641)/1 • 101001 41.1 Kea ea 4 1I161100l I 1.140000 f • I 4111.41111 a110 I µ.00 $I0/110 1 0000 I • •l•l114:,1•41 I.1044-4r te.i,.lI.,NC.11.4,4,11 v twee or,N•M00.011,0.r:,..0 0.e1mn10 ery.40r wt.....m 0 mho.4111.T 1 I111n1.v,a 141•.I LM1i1.+1.d 11tverA I.414 of.,0.0*,,le 1.nbl,t.Is$.rn 0.000h u'....W:•..:..at.000r..1.,ix11,,V Inc.0..0,11M,1e:n .,1f I,l IN(1•t,lvtt 1r.•.•Mh mf•11. 0 It I 6 K 5 EXHIBIT C:RELEASE AND AFFIDAVIT FORM COUNTY OF(COLLIER) STATE OF(FLORIDA) Before me,the undersigned authority,personally appeared AL-A1o1..,S /1724,c1c-) who after being duly sworn,deposes and says: (1) In accordance with the Contract Docyyments and in consideration of $ 6 46 ('(.2• ( to be received, f1 -c,aa iSliswN 64.,as..2wF Cac.e'vtAitse✓ ("Contractor") releases and waives for itself end 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 Ad4t0.1444 24 ,20 )for the period from A fc(C'i44ti 1.2,24.4.3, to idc44v3rc 7-2 ,c4.2- .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,material men,successors and assigns,that all charges for labor,materials,supplies, lands,licenses and other expenses for which Owner might he 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 to Indemnify,defend and save harmless Owner from all demands or sults,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) TIVA Release and Affidavit Is given in connection with Contractor's (monthly final Application for Payment No, CONTRACTOR -_-)_ l !- BY: �KfcKotifs /�r1�jQ`-i �tittill,,, Witness ITS: !/lctf P4 ra4 7r \`,.0�� i(Ll,yc//,�� Nast ent� _ . \•.,•0' O'fq j ..0:^ (/', DATE: /2/�L41.oY2 _ ,• (��( A7 •,:73 _ eSs Q: V1JA1J (e-aipdrid aR°' C)` STATE OF FinQr D A 4.. �� COUNTY OF ?A•C.ffl f3 Enrt-4 �',,/0i<<i.(��0 s" The foregoing Instrument was acknowledged before me by means of ID physical presence or 70 bWt ne�``` notarization, this zz nQ day of De-CE mt,E a,_ , 20 22 , by Ntcuv LA M o e-T In , 83 \i(L,c, Pa S (0 a n,7 of Pia- )A D Sign D2111trxc\ Coop, a 1=t o n-t DP corporation, on behalf of the corporation. .He/she Is _pelmet___ known to me OR has produced asJdep iflcation and did(did not)lake an oath. My Commission Expires: (_--%(^ I N Cr) ( (Sigature of Notary Public CJ. f• 2 0 1- v., 'NAMe. --sic ra n.r i u 6 (NA A,,r= t a_ r (Legibly Printed) Notary Public,State of F toR•-<04. (AFFIX OFFICIAL SEAL) Commissioner No.: N H 3d''f7 7 a`rQYPU°� Jeanine M Alfieri 21 z o Commission A NH 38472 Construction Services Agreement:Revised 092020(v7) K Commission Expires 09 0f•2024 i yr, Bonded Through•Cynanotnry •Fir', Florida-Notary Public l �• Cr i o K J Oirt‘ EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Thomas Sivert Bid No. 20-7808 Manager's Name: Project No. County's Division Name Public Utilities Purchase Order No. 4500210166 Submitted by Contractor Nicholas Martin Application Date: 1 0/20/2022 Representative: Name Contractor's Name & Payment Application No. 7 F wide Desgn Dr II,,g Co'porat,on 7733 Hooper Road West Pa rr Beech,FL 33411 Address: Original Contract Time: 270 Original Contract Price: $1,134,000.00 Revised Contract Time: 324 Total Change Orders to Date: $o.00 Revised Contract Amount: $1,134,000.00 Total Value of Work Completed & , , Stored to Date: $ 1 083 624.86 Retainage @10% $ Retainage @ 10% through [Insert $ through [Insert Date] date] 54, 181 .24 Retainage @ 5 % $ Less Retainage $ 1 029 443.62 after[Insert date] 9/30/21 Total Earned Less Retainage $ Less previous payment(s) $879,561.77 Percent Work Completed % AMOUNT DUE THIS $ to Date: 100 APPLICATION: Percent Contract Time % $149 881 .85 Completed to Date: Liquidated Damages to $ Remaining Contract Balance $50 375. 14 Be Accrued 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 6 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: 7 .:L Date. J 10;20 zoz2 Type Title: Vice President Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOU UE THIS APPLICATION is recommended by: Design Professional's Name: o,n+„'c ieo Signature: Date: y0I?0/ZZ Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended y: Owner's Project Manager Name: Signature: Date: nt� r '. I 6 K 5 E%NIEIT 0 I0HInr6•3 SCHEDULE OF VALUES w4NM How N..Tpw2M41N.M InAH Naew. 5E.260E 10/17/2022 r.M4 M1. 10/31/2022 ITEM 0E6C07T10N 0010MCT UNITS ...DOLED CONTRAcT ®WORM COMPLE1 1T0R60 pRCd BALANCE 10% TOTAL tOOlER QUANTITY VALVE TOTAL MATERIALS CONKS'® 0MK5K To 60NN R61.40E RST13A0E RETAIN406 9toAuI AVAL,CATMNI THIS PRI00 S SO660 WITNNSLO 3004110 VALUE QUANTITY YALU. TO CATS WI 10.11511a0e 0.sm9 1 LS 5 30,00000 3060000 13* 30,00000 0% $ • 5 5 30,30300 10014 $ 3,000.00 1,50040 5 1,50000 WA O011.00M16er.Iwp01 role mud rotary 1065 NM BLS 05 Fr 5 17300 14,8/50 100% 14,53500 0% _0 - $ 5 14,675.00' 100% 5 1487.50 0375 $ /13T W3 Cow.suds d0.O T0000 LO9I101085 Mei SLS EA 5 3,.00 5,00000 100% 5,00.0 0% $ 5 $ 5000.00 100% $ 500.00 250*0 $ 250.00 W4 1m 041 MOM min 20Ar0n OwMN MI le 80IE41 BLS 60 FT $ 1000 16,003.00 10% 10,020.00 0% 5 • $ s 16,030.00 100% 5 1600.00 600.00 $ 80000 Instal 60 MN0112in6h F%d4 eu1Ole,FRO 3.61%ins..on... C411e1 Lop 40011ar1wrgo041Mlgn 5 2000 16,000 10% 160000 0% - 5 } 16,60200 10% $ 1,102.00 10000 5 600.00 VS Gre Nw Hewbelween Ammo 0 W04ur14w 60 IF 5 211000 16,05000 100% 16,000.00 0% 5 00 6000 5 $ 16, 0 100% $ 1, 0 600.00 $ 60000 WI 0111.ncn rlumemr06nno40/reverse0.INd hem 90 to 1303AN 9LS 50 Ft 5 15000 7.50000 100% 00 0% 5 - 5 5 7,5000 200% } 750.00 375.00 5 33500 W% Conduct MLS 101 KVVe d Da00.nel LogAugwlm 000 NO 666.urlw M 130 I EA 5 5 000 00 100% 0% 5 - 100% 5,00000 020.0 0 $ 5,000.00 $ 500.00 250.00 5 250.00 WA D04gp wwl w01 e1r 2w 6 hours 5 4428 $ 50000 4,00000, 100% 4,00.0 0% $ 5 5 4,000.00 100% } 400., 200.00 $ 200.90 M,0 De•ewp IN wN MN 000 Mr 5.01E GOOd Fend w0ent sA awslry,4. 6 HRs 3 )SOO 100% O% s t"6.v.°IA9h0 6,00.06,000.0 $ s 6,OS0.00 5 " 600.00 30000 5 30 CO WI t Grtrlpep.aewaewn lesl6 I L5 0 353000 3,500 Oa 100% 3 500 CO OTA5 5 $ 3,500. 10014 $ 35000 1/500 5 23500 Cobol.14.u110Ms 4046ubn110*0 Dry lur Peery 41ducanaery dmMna Amis.M00.0 I 13 3 5000 f00% 5,00000 6. 5 5,000.00 106 500.00 250.00 $ 150. WI$ 100 01100 111.6 1 15 501000 5000.00 10014 5,000 0% • 5.00.0 10041 500.00 25000 $ 150.00 0014 Wn gn DWAIN 45 5W000 5,000.00 0% 11% 113000 . 77% 1,11000 383.00 19150 $ 1/1.50 W15 3161003 wan no 61407lq cr.on.. 40 11R5 50 CC 100.0 O. • 0% 2,00000 } WI Sta.ywln r%on.wl4 e0 Nary or.dl4u A0 401S 1000 400.00 0% 0% • 0% 400 . • $ - Cl 13*30514 440501y I LS 006. e%500 01,69500 95% 65,564.50 2,85051 0501' 0%10 24991 6,544.50 3,42125 5 3,421.15 C2 1200141010 156 Ft 21000 33110.0 76% 25,200.00 22% 2,160.03 33,10000 100% 1,31600 1,65900 $ 1,659.00 CS II'01916 PVC 1350 FT 11000 161,00000 10014 102,003.02 0% 0 102,0 .00 100% 200.00 510000 0 510000 Cl 18'OM4VW1 2 EA 9.00000 11,00300 10014 10,050.0 0% - 11,00000 100% 150000 90000 $ 900. C6 12'Cato Vs. 1 EA 600300 6,000.00 100% 6,000.00 0% - 6,0000 100% 60000 300.00 $ 300.00 CO 6"Goa Vs. 2 EA 5 000 00 10,00000 10041 10,0000 011 • 10,0000 100% 1,000.00 50000 5 500.00 _ CI RNR EN40tg116 Nola.6103M1 LS 10.00000 10,000.00 90% 9,000.00 10% 1.00 10,003.00 100% 1,..00 50000 $ 500.00 Cl C4.06*0244 09 SV 34500 13,00500 100% 23,60500 0% 13,60500 1004 1,360.50 1,190.15 5 1,19015 CO F51 60 CY 000 1,02000 100% 1,000.00 0% 1,020.00 1014 10200 51.00 5 5100 510 0140400*Plnp 110057505.A LS 25.03000 25,60.0 10014 15,00000 0% 15,000.00 10011 2,50000 1,250.00 $ 1,250.00 Ct 6"Ce1151.08 O.Mr<A00.pI40 6 LF 2500 25E5.00 100% 2,12500 O. -$ 2,115.00 300% 21250 106.25 5 10.25 C12 Air Re...014. EA 5,001)00 3,000.00 75% 3,75030 2514 1,2500 0 503000 100% 500.00 250.00 $ 250.00 C13 V..0M14.00 EA 10,00000 50,01000 100% 5060000 $ 50,00000 100% 5,000.00 0.. $ 1,500.02 C. Cove..., 0 0 0 MO LS 25.0 . 15, 00. 100% 25,0 .00 0% s - en5,00000 100% ;SOO." 1,25000 s 1,250.00 C15 PNllw drip�Cornea SW P T WI. 10..CO00 10,000.00" 0 10% 9,000.00 10% 1,00.00 $ 10,000.00 100% 1,00000 50.0 5 500.00 El 001400 800 lulsllMon LS 105 000 00 105,00000 Aft 1050000 20% 11000.0 5 103,003..00 100% 10,500.00 5,25000 $ 5,250.00 E2 L.401.712M40 BO1dF%600041479 15 22,011000 22.00 901 19,6000 10% 2,200 $ 11,000.00 100% 2,20000 1.100.60-5 1,10.00 EO E500064E3441*3 LA 65000 S5,0000 60% 51.0000 40% 34,00.0 $ 15,0000 10% 650.0 4,250.0 5 6,250.0 E4 F.051002 LS 10000 10,00.00 0% 10,00.0 $ 10,060.00 100% 1,0000 50.0 $ 500 E6 F5135101037%0010n605,004 E3a7176,0 LS 25,0000 25000 95% 23,750.0 109.0 $ 24,4390 9911 MI 03 2,463.90 1,131,95 $ 1131.95 ES 1340520 LS 10000 10,00.0 65% 64,710.00 25% 25,210.0 $ 900000 90% 10,000 9,030.0 4,50.00 5 6,50.0 Al 000&510004m00male0 4% 10100 110,9000 15% 03,175.0 25% 27,725.0 5 110,90.0 100% 11093.0 5,54500 0 5,545.0 Con.• Erosion Col LS 120,00.0 000 0 0 20, 0 1 % 20,600 0% - 5 10000 0 0 00 IO% 2.000 1,3. ,$ M3 300 NAP.Se1 Waw8 SW P.m LS 56030 5,00.0 0% 0 5 2,5 .0 50% 0 0.0$ 5,0 100% 5000 150.0 5 1250.0 MA Re8N4gn 6.0,S4e0 SM,wfde11F0HAreu LS 10000 10,0000 75. 7,50.0 25% 2,500.0 $ 10,000 100% 1,000 50.0 $ 50.0 MS OwMM1 41100.4 TN .U00 50500.00 0% • H% 11,005.0 5 13,805.0 la. 15,1114 16 1,31036 00.29 5 60.0 TOTALS 1,134,0000 91545/30 151 770.36 5 • 503362456 9536% 50,375. 106,36249 $ 54111.14 5 54,161.24 I p der 0,...App1iuli0e.TN Tn%04Mi4.Nr4pu wia pace Ail inlwm until 05M ALenr unlu44 roles"r7uerron 0 rsr4ia1 SAW cores No May.a M4 n ILHAA,4il,mm unnlwmstion up le IN ate of m Wain.%LHASA in Min4R Is Aired in m Mr.e r.Ow*cpumn mlar.05A Nur That ate 14 plm.in tN%rv4 GM e1Amn.lne mutes A.41 has 1•50wn41 time 1N change 1n n1Nn4R GAO 16K 5 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared Nicholas Martin who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ 101,637.65 to be received, Florida Design 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 20 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 . CONTRACTOR /j ::7 ' BY: Nicholas Martin Wi .21 ess' (/,krF y u�_s' ITS: Vice President 10/19/2022 DATE: Witness M,�µ� l [Corporate Seal] STATE OF /41.vA-.7Q,a COUNTY OF PAL^ iSd>ge i The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization,this 1ck day of Oc+o her , 20 22 , by N,c..•.etay r+.�• , as V.cc RT•cs of�;.act 4 a^ corporation, on behalf of the corporation. He/she isona y known o me or has produced as identification an I i not)take an oath. My Commission Expires: �anaturIof Notary j c. NAME: t-A (Legibly Printed) aY Pr, Michael Perez a* �r Commission N HH 266036 1 Notary Public, State of Io r.dcti ( " t� bOires07-11•2026 f !.° Bonded Through•Cynanotary Ii H l ego Y7 0 5 1 '';;;;.P Florida.Notary Public ( Commissioner No.: BCC February 14, 2023 Kaicasa PUDA PL20220003938 17 A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a 1(3)10)page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear.) Originating Dept/Div: GMD/Zoning, Person:Nancy Gundlach, Planner Ill Date:January 12,2023 Petition No.(If none,give a brief description): PL20220003938 Petitioner:(Name&Address): Johnson Engineering, Inc.-Amanda Martin 2122 Johnson Street Fort Myers,FL 33901 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,February 14,2023, (Based on advertisement appearing 20 days before hearing.) Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500220085 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received i E I -._ . Date of Public Hearing - ` —;23 Date Advertised I 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on February 14,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07-34, AS AMENDED, THE KAICASA RESIDENTIAL PLANNED UNIT DEVELOPMENT TO CHANGE THE AFFORDABLE HOUSING INCOME LEVELS FROM AT OR BELOW 60%OF AREA MEDIAN INCOME TO UP TO AND INCLUDING 120%OF AREA MEDIAN INCOME;AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 100± ACRES, IS LOCATED ON THE NORTH SIDE OF STATE ROAD 29,JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY TWO MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846 IN SECTIONS 12 AND 13,TOWNSHIP 47 SOUTH,RANGE 27 EAST,COLLIER COUNTY,FLORIDA. [PL20220003938] (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA 17 * RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: /s/ Deputy Clerk(SEAL)