The URL can be used to link to this page

Agenda 03/26/2024 Item #11C (Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells)03/26/2024 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water -Sewer District, award Construction Invitation to Bid ("ITB") No. 23-8141, "Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells" to Youngquist Brothers, LLC, in the amount of $29,389,000, authorize the Chairman to sign the attached Agreement. (Project 70194) OBJECTIVE: To construct two Deep Injection Wells for the Northeast County Water Reclamation Facility and Northeast County Water Treatment Plant as a part of the Northeast Regional Utility Program, a Board Priority of the Collier County Strategic Plan. CONSIDERATIONS: On December 14, 2004 (Agenda Item 10.E.), the County entered into Agreement No. 04- 3673 (the "Carollo Agreement") with Carollo Engineers, Inc. to provide professional engineering services for the initial design and related consulting services for the construction of the Northeast Water Reclamation Facility and the Northeast Water Treatment Plant. (Project No. 70902). On January 26, 2010 (Agenda Item 16.C.2), the County approved Amendment No. 3 to "hibernate" the Project, while allowing for oversight and management of activities during the hibernation of the project, while allowing for the future reactivation of the Agreement. On September 28, 2021 (Agenda Item 1 LA), the Board approved an Eighth Amendment to the Carollo Agreement to include the necessary design update for the Northeast Regional Water Reclamation Facility including project management, quality management, preliminary design, detailed design, permitting assistance, and the design of Deep Inject Wells for both the Water Reclamation Facility and Water Treatment Plant. On May 23, 2023, the Procurement Services Division issued ITB No. 23-8141, "Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells." Staff conducted additional vendor outreach in an effort to promote competition, but the County only received one bid by the December 15, 2023, deadline as summarized below: Respondents: Company Name City County State Total Bid Responsive/ Responsible Youngquist Brothers, LLC Fort Myers Lee FL $29,389,000.00 Yes/Yes Staff reviewed the bid received and deemed Youngquist Brothers, LLC the lowest, responsive, and responsible bidder. Therefore, staff recommends the attached agreement be awarded to Youngquist Brothers, LLC, in the total bid amount of $29,389,000. In addition to (and separate from the total bid amount), staff is allocating $2,400,000 as an Owner's Allowance, to be used only as directed by the County to address unforeseen conditions that might arise during the course of the work. The County's engineering consultant, Carollo, evaluated Youngquist's bid and determined that it met all the qualifications required for this project. Carollo further determined that Youngquist's bid is approximately 25% higher than its $23,480,000 opinion of probable cost for the project but attributed that to recent market conditions and the lack of availability of other qualified well drillers. Youngquist Brothers, LLC has been authorized to transact business in the State of Florida since 1977 and has worked successfully with the County on many previous projects. This project is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan objectives. FISCAL IMPACT: The source of funding is the Water and Sewer Revenue Bonds, Series 2021 (Fund 4019), $29,389,000 for the bid and $2,400,000 for the owner's allowance, Project 70194. Packet Pg. 507 11.0 03/26/2024 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water -Sewer District, award ITB No. 23-8141, "Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells" to Youngquist Brothers, LLC, in the amount of $29,389,000, approve the Owner's Allowance of $2,400,000, and authorize the Chairman to sign the attached Agreement. Prepared by: Corinne Trtan, PMP, Project Manager II, Public Utilities Subregional Utilities Division ATTACHMENT(S) 1.23-8141 Bid Tabulation (PDF) 2.23-8141 DELORA (PDF) 3.23-8141 NORA (PDF) 4.23-8141_ COI_ Youngquist (PDF) 5. [Linked] 23-8141 Vendor Signed_ Youngquist (PDF) 6. legal ad - agenda ID 28218 (PDF) Packet Pg. 508 11.0 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: I LC Doc ID: 28218 Item Summary: Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water -Sewer District, award Construction Invitation to Bid ("ITB") No. 23-8141, "Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells" to Youngquist Brothers, LLC, in the amount of $29,389,000, and authorize the Chairman to sign the attached Agreement. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) Meeting Date: 03/26/2024 Prepared by: Title: Project Manager — Engineering and Project Management Name: Corinne Trtan 03/05/2024 9:44 AM Submitted by: Title: Subregional Utilities Director — Engineering and Project Management Name: Craig Pajer 03/05/2024 9:44 AM Approved By: Review: Engineering and Project Management Wayne Karlovich PUD Reviewer Engineering and Project Management Craig Pajer PUD Reviewer Public Utilities Operations Support Joseph Bellone PUD Reviewer Public Utilities Department Vincent Dominach Level 1 Department Review Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Procurement Services Kristofer Lopez Other Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review Procurement Services Sandra Srnka Procurement Director Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez OMB Reviewer Corporate Compliance and Continuous Improvement Megan Gaillard County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 03/05/2024 3:31 PM Completed 03/05/2024 3:43 PM Completed 03/05/2024 4:08 PM Completed 03/06/2024 7:36 AM Completed 03/11/2024 2:45 PM Completed 03/11/2024 3:08 PM Completed 03/13/2024 11:50 AM Completed 03/13/2024 1:18 PM Completed 03/14/2024 1:52 PM Completed 03/14/2024 2:20 PM Completed 03/14/2024 2:39 PM Completed 03/15/2024 11:32 AM Additional Reviewer Completed 03/15/2024 1:47 PM Completed 03/15/2024 2:45 PM 03/26/2024 9:00 AM Packet Pg. 509 Procurement Strategist, Kristofer Lopez Project Manager, Craig Pajer Bid Due Date: Dec 15, 2023 Invitations: 11.C.a Vendors Downloaded: 140 Collier County Water Sewer District Subregional Utilities Division BID Tabulation 23-8141 Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Youngquist Brothers, LLC Submitted: 1 ITEM DESCRIPTION QUANTITY UNIT LABEL Unit Price Total Cost 1 Mobilization (maximum 5% of the total bid) 1 Lump Sum $ 1,469,000.00 $ 1,469,000.00 2 Demobilization 1 Lump Sum $ 1,469,000.00 $ 1,469,000.00 3 Injection well Annulus System 1 Lump Sum $ 395,000.00 $ 395,000.00 4 Injection Well 1 1 Lump Sum $ 11,400,000.00 $ 11,400,000.00 5 Injection Well 2 1 Lump Sum $ 10,500,000.00 $ 10,500,000.00 6 Dual Zone Monitoring Well 1 Lump Sum $ 3,996,000.00 $ 3,996,000.00 7 Well Commissioning 1 Lump Sum $ 85,000.00 $ 85,000.00 8 Project Closeout 1 Lump Sum $ 75,000.00 $ 75,000.00 Total Bid $ 29,389,000.00 *Staff has allocated $2,400,000 in Owner's Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. COMPLETED BID FORMS: Bid Schedule Bid Response Form (Form 1) Contractors Key Personnel Assigned to Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Addendums E-Verify SunBiz State of Florida General Contractor License Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Packet Pg. 510 11.C.b ,C C;* Arow ■►4% Engineers... Working Wonders With Waters January 10, 2024 Mr. Kristofer Lopez Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112 RE: Design Entity Letter of Recommended Award Solicitation No. 23-8141 Northeast Water Reclamation Facility (WRF) and Water Treatment Plant (WTP) Deep Injection Wells Dear Mr. Lopez: Bids were received for the above -referenced project by Collier County on December 15, 2023. Carollo Engineers, Inc. has completed our review of the bid submitted by the sole bidder for this project and are providing the following award recommendation. The scope of the Northeast WRF and WTP Deep Injection Wells includes construction of two (2) Class I deep injection wells and one (1) dual -zone monitoring well. The purpose of the well system is for disposal of municipal wastewater effluent and reverse osmosis concentrate from the WRF and WTP, respectively. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is Youngquist Brothers, LLC, with a bid of $29,389,000.00. Carollo Engineers was provided with the bid Schedule for Youngquist Q Brothers, LLC. The bid of Youngquist Brothers, LLC is approximately 25% higher than the Engineer's Opinion of W Probable Construction Cost (OPC) of $23,480,000.00; most likely reflecting recent market changes and the sole bidder w availability. o References were provided, and the completed Vendor Reference Check Logs for each reference are attached hereto. o The project references provided by Youngquist Brothers, LLC. were all contacted. Carollo Engineers determined the N references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Youngquist Brother, LLC. is a limited liability company which was converted from Youngquist Brothers, Inc. in 2020 in r the State of Florida and Youngquist Brothers, Inc. had been authorized to transact business in the State of Florida Q since 1977. Harvey B. Youngquist Jr., authorized manager of Youngquist Brothers, LLC., is a licensed well contractor in the State of Florida by the South Florida Water Management District and this license is current and active. Carollo Engineers and our team members have worked successfully with Youngquist Brothers on many projects located in Collier County and other areas of Florida. Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs, and its licensing, it appears that Youngquist Brothers is a qualified firm to conduct the requested work. Based on the above information, Carollo Engineers, Inc. recommends Youngquist Brothers, LLC. be awarded the Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells project in the amount of $29,389,000.00. 301 North Cattleman Road, Suite 302, Sarasota, Florida 34232 Packet Pg. 511 11.C.b Mr. Kristofer Lopez Collier County Procurement Services C January 10, 2024 Page 2 Should you have any questions, please feel free to contact our office. Sincerely, Project Engineer Carollo Engineers, Inc. Mobile: 954-829-2013 Email: LMunce@carollo.com Attachment: Vendor Reference Check Logs R F J W M N C d E L V fC r r Q 301 North Cattleman Road, Suite 302, Sarasota, Florida 34232 Packet Pg. 512 Coder County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Reference No. 1 11.C.b Solicitation No.: 23-8141 Reference Check by: Andrew McThenia Solicitation Title: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Date: January 4, 2024 Bidder's Name: Youngquist Brothers Inc. Phone: 239-246-1972 Design Entity: Water Science Associates REFERENCED PROJECT: City of Hollywood Deep Injection Wells No. 3 and Project Southern Regional WWTP, 1621 N 14th Project Name: No. 4 Location: Ave, Hollywood, FL 33919 Project Description: Construction of 2 Class I Injection Wells and 1 Dual Zone Monitor Well Completion Date: March 2022 Contract Value: $39.939,939.00 Project Owner/Title: City of Hollywood 1621 N. 14th Ave. Owner's Address: Hollywood, FL 33020 Phone: 9S4-921-3930 Owner's Contact Feng (Jeff) Person: Jiang E-Mail: fjiang@hollywoodfl.org 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Youngquist is the best contractor for deep injection wells. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 513 Coder County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Reference No. 2 11.C.b Solicitation No.: 23-8141 Reference Check by: Andrew McThenia Solicitation Title: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Date: January 4, 2024 Bidder's Name: Youngquist Brothers Inc. Phone: 239-246-1972 Design Entity: Water Science Associates REFERENCED PROJECT: SDWWTP Municipal Injection Wells SE-2 Project 8950 SW 232"d Street, Cutler Bay, FL Project Name: (Contract No. S-921) Location: 33190 Project Description: Construction of 3 Class I Injection Wells Completion Date: September 2021 Contract Value: $28,925,902.90 Project Owner/Title: Miami -Dade Water and Sewer Department Stantec 2056 Vista Parkway, #100 Engineer's Address: West Palm Beach, FL 33411 Phone: 954 806-7106 Engineer's Contact Person: Neil Johnson E-Mail: neil.johnson@stantec.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: The work was completed in conformance with the contract documents and FDEP permit. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 514 Coder County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Reference No. 3 11.C.b Solicitation No.: 23-8141 Reference Check by: Andrew McThenia Solicitation Title: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Date: January 4, 2024 Bidder's Name: Youngquist Brothers Inc. Phone: 239-246-1972 Design Entity: Water Science Associates REFERENCED PROJECT: Hollywood Reservation WWTP Project Project Name: Municipal Injection Wells Location: 2600 North 64rth Ave., Hollywood, FL 33024 Project Description: Construction of 2 Class I Injection Wells and a Dual Zone Monitor Well Contract Completion Date: June 2018 Value: Confidential Project Owner/Title: Seminole Tribe of Florida 6300 Stirling Rd. Hollywood, FL Owner's Address: 33024 Phone: 954-894-1060 Ext. 10923 Owner's Contact Emran Person: Rahaman E-Mail: emranrahaman@semtribe.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, Engineer of Record provided timely review of submittals. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. There was one (1) change that was an addition of sound and lighting barriers around the project site to mitigate noise and light impacts from the 24/7 drilling and construction project. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 7. Additional comments: As with all large construction projects, there were unforeseen conditions and circumstances which arose and In this case, Youngquist Brothers was able to quickly address these issues. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 515 Colier County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Reference No. 4 11.C.b Solicitation No.: 23-8141 Reference Check by: Andrew McThenia Solicitation Title: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Date: January 4, 2024 Bidder's Name: Youngquist Brothers Inc. Phone: 239-246-1972 Design Entity: Water Science Associates REFERENCED PROJECT: Manatee County Piney Project Project Name: Point Injection Well Project Location: 3105 Buckeye Rd., Palmetto, FL 34201 Project Description: Construction of 1 Class I Deep Injection Well and 1 Dual Zone Monitor Well Contract Completion Date: February 2023 Value: $9,350,000.00 Project Owner/Title: Manatee County Government Utilities Department 1112 Manatee Ave. West Owner's Address: Bradenton, FL 34205 Phone: 941-792-8811 Previously was Jeff Goodwin - Currently Owner's Contact Anthony Person: Russo E-Mail: Anthony.russo@mymanatee.org 1. Was project completed timely and within budget? (If not, provide detail) YES, Youngquist was always ahead of schedule and kept us informed of key issues in advance. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) YES, Youngquist submitted complete submittals in a timely fashion. Called out specialty items for emphasize. 3. Was the construction process performed satisfactorily? (If not, provide detail) YES, Youngquist provided professional staff and quality construction. 4. Did the process run smoothly? Were there any changes? Describe below. YES, Youngquist kept project management and filed inspectors well informed of daily and weekly activities. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) YES, Youngquist kept up to date on video logs and as-builts as the project was done. Closeout was seamless. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues or warranty needs to date. 7. Additional comments: Responses from Anthony Russo, PE, Sr. PM, Manatee County Public Works Tab 2 -Appendix H2 —Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 516 Coder County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Reference No. 5 11.C.b Solicitation No.: 23-8141 Reference Check by: Andrew McThenia Solicitation Title: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Date: January 4, 2024 Bidder's Name: Youngquist Brothers Inc. Phone: 239-246-1972 Design Entity: Water Science Associates REFERENCED PROJECT: Collier County Landfill Project Collier County Landfill, 3750 White Lake Blvd., Project Name: Deep Injection Well Location: Naples FI. 34117 Construction of 1 Deep Injection Well and 1 Dual Zone Monitor Well for Landfill Leachate Project Description: Disposal System Contract Completion Date: May 2021 Value: $6,788,782.00 Project Owner/Title: Collier County Solid and Hazardous Waste Management 3295 Tamiami Trail. E., Owner's Address: Naples FI. 34112 Phone: 239-252-5347 Owner's Contact Person: Paul Abbott E-Mail: Pau labbott@colliercountyfLgov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Owner Driven Change Orders. Process ran smoothly 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Closeout Process performed satisfactorily 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No Warranty issues 7. Additional comments: I am very pleased with the quality of the DIW (3,200 ft below). The 24 Hr pumping test pumped 2,200 gals per minute into the well for 24 continuous hours without any issues. We have been pumping Landfill leachate every day since 2/23/2022 and are currently in the process of obtaining the Operational Permit from FDEP. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 517 No issues to report. We have a quality Deep Injection Well. Good company to work with on a DIW project. I 11.C.b would recommend Youneauist anv day of the week. M, PM F J W M N C d E L V fC r r Q Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 518 DocuSign Envelope ID: 41A1E94C-ABD9-4701-AEBA-02ADOEC27E03 11.C.c Cofr County Procurement Services Division Notice of Recommended Award Solicitation: 23-8141 Title: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells Due Date and Time: December 15, 2023 @ 3:00 PM EST Respondents: Company Name City County State Total Base Bid Responsive/Responsible Youngquist Brothers, LLC Fort Myers Lee FL $29,389,000.00 Yes/Yes Utilized Local Vendor Preference: Yes 0 No = N/A On May 23, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23-8141, Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells, to thirty-six thousand eight hundred and sixty-one (36,861) vendors. One hundred and forty (140) vendors viewed the bid package, staff conducted additional vendor outreach, and the County received one (1) bid by the December 15, 2023, deadline. Staff reviewed the bid and deemed Youngquist Brothers, LLC the lowest responsive and responsible bidder Staff recommends the contract to be awarded to Youngquist Brothers, LLC. the lowest responsive and responsible bidder, in the total bid amount of $29,389,000.00. In addition to the total bid amount, staff has allocated $2,400,000 in Owner's Allowance, for Owner's use as directed. Contract Driven = Purchase Order Driven 0 DocuSigned by: Project Manager: by: Procurement Strategist: g!jat Services Director: Sandra Herrera Required Signatures 1/19/2024 Date r OP M N a N E L U c2 Q Packet Pg. 519 11.C.d / ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Erin Condlin NAME: Johnson &Company PHONE (407) 843-1120 FAX (407) 843-5772 AIC No Ext : A/C, No): E-MAIL econdlin@johnsonandcompany.net ADDRESS: 801 N Orange Avenue INSURER(S) AFFORDING COVERAGE NAIC 0 Suite 510 INSURERA: The Continental Insurance Company 35289 Orlando FL 32801 INSURED INSURER B : INSURER C : Evanston Insurance Company Youngquist Brothers, LLC, Youngquisl Brothers, Inc. INSURER D : Oil and Gas Service Equipment LLC INSURER E: 15465 PINE RIDGE ROAD INSURERF: FORT MYERS FL 33908 COVERAGES CERTIFICATE NUMBER: CL2421517330 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCEAUDLbUBRI INSD WVD POLICYNUMBER POLICY EFF MMIDOf(YYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE s 1,0000,000 CLAIMS -MADE X OCCUR A AGE TO100,000 PREMISES Ea occurrence S X MED EXP (Any one person) S 15,000 XCU Coverage Included X Contractual PERSONAL BADVINJURY s 1,000,000 A Y GL7040179908 11/01/2023 11/01/2024 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE s 2.000,000 PRO - POLICY J POLICY El LOG PRODUCTS - COMPIOPAGG S 2,000,000 Employee Benefits s 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident S 1,000,000 BODILY INJURY (Per person) s X ANYAUTO A X OWNED SCHEDULED AUTOS ONLY AUTOS HIRED IxNON-OWNED AUTOS ONLY AUTOS ONLY BUA7040179892 11/01/2023 11/01/2024 BCDILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S PIP -Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE CUE7040179911 11/01/2023 11/01/2024 DED I I RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT s OFFICERIMEMSER EXCLUDED? ❑ N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT S C Pollution Liability 6542155 03111/2024 03/11I2026 Pollution Liability $2Mill/$2Mill DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if required by written contract. 30 Days Notice CERTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tarniami Trail E AUTHORIZED REPRESENTATIVE — Naples FL 34112 /7141 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 520 11.C.d ACOR" CERTIFICATE OF LIABILITY INSURANCE I`� DATE ( 02/MMIDD/YYYY) 15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 239-560-4306 Fox Insurance, LLC 8605 Banyan Bay Blvd Fort Myers, Florida, 33908 CONTPRODUCER NAME: ELLEN FOX PHONEC. N Ext : 239-560-4306 A/C No): a DRess: ellen@foxinsurancellc.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Safety National Casualty Corporation 15105 INSURED 239-489-4444 Fax: 239-489-4545 YOUNGQUIST BROTHERS, LLC 15465 Pine Ridge Road Fort Myers, FL 33908 INSURER B : INSURERC: INSURER D: INSURER E: INSURER F : COVFRAGFS CFRTIFICATF NIIMRFR! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR D POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S —1 DAMAGE TO TE CLAIMS -MADE OCCUR Ea occurrence) ence $ -PREMISES MED EXP (Any one person) $ _ PERSONAL & ADV INJURY $ L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE SPOLICY PRO ❑LOC JECT I'OTHER: PRODUCTS - COMP/OP AGG $ S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Peraccidenl $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ AGGREGATE S LIAR CLAIMS -MADE DED I I RETENTIONS $ -:4EXCESS A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) N / A SP 4067437 11/01/2023 11/01/2024 STATUTE ER — E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 23-8141 Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells l.tK 1 Il-lk.A I M 1'1VLUCK +HIV I.CLLH I PON Collier County Board of County Commissioners 3295 Tamlaml -trail E. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Naples, FL 34112 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T W C O v O d Q W Z DO N 00 N A C 7 O _I O U _I 00 M N C d E t V f0 a+ Q ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 521 v3)` 11.C.f NOTICE OF PUBLIC HEARING notice is hereby given that a public hearing will be held by the Cothei° Count Board of Count Commissioners at 9:00 A.M. on April 9, 2024, in the Board of County Connnissioners Meeting Room. Third Floor, Collier Government Center, 3299 Tantiami Trail East, Naples, FL to consider: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COI 'NTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE POTABLE WATER SUB -ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO AMEND POLICY 1.7 TO REFERENCE THE UPDATED TEN-YEAR 'VVATER SU PLY FACILITIES WORK PLAN, AND AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO CHANGE THE LEVEL OF SERVICE STANDARDS FOR COUNTY POTABLE WATER SYSTEMS AND COI'NTY SANITARY SEWER-Ivl ASTEWATER TREATMENT SYSTE'1IS; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. [PL20240000400j A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Packet Pg. 522 All persons wishing to speak oil 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 Q ' I minutes on any item. The selection of any individual to speak oil behalf of all organization or group is encouraged. If recognized by the Chairman. a spokesperson for a group or organization may be allotted tell (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven M 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 Nvould like to participate remotely should register tlu-ough the link- provided within the specific event"hieeting entry on the Calendar of Events on the Count-,, website at 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 ineeting notice. Individuals who register will receive an email in advance of the public hearing detailing lio-..Nr 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 2522-8369 or email to Geoffrev.Witlig(F".,Ct)lliercouiltvfl.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 w1lich 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 Tanliami Trail East, Suite 101. Naples, FL 34111-5356, (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 Colmilissioners Office, BOARD OF COUNTY CC M-MISSIONNERS COLLIER COUNTY, FLORIDA CHRIS HALL. CHAIRNLAN' CRYSTAL K. KINIZEL CLERK By: Mirrha Vergara, Deputy Clerk - (SEAL) Posted to notices,coltiercterk,com on March .10. 2024. I Packet Pg. 523 1 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Youngquist Brothers, LLC ("Contractor") of 15465 Pines Ridges Rd, Ft. Myers, Florida 33908, a Florida Limited Liability Company, authorized to do business in the States of Florida, to partorm all work ("Work") in connection with "Northeast Water Reclamation Facility and Wat¢r Tr¢atm¢nt Plant Deep InJ¢ctlon Wells", Invitation to Bid No. 23-814'1 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Carollo Engineers, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein sat forth, agree as follows: Section 'I. Contract Documents. A. Tha Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foragoin9 Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract'). A copy of the Contract Documents shall ba mai ntainad by Contractor at the Project site at all times during the pertormanca of the Work. B. Owner shall furnish to the Contractor ono raprod ucible sat of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and saalad by the Design Professional, as are reasonably necessary for permitting. Section 2. Scooa of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, aq uipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. S¢ctlon 3. Contract Amount. In consideration of the faithful partormanca by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), In accordance with the terms of this Agreement: Twenty -Nina Milllon Three Hu ndrad Eighty -Nina Thousand Dollars ($29,389,000.00). The additional amount of Two Milllon Four Hundr¢d Thousand Dollars ($2,400,000.00) has bean allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and mamoria lizad by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and mamori alized by the Parties in writing, via Change Order, shall not ba eligible for raimbursemenVpayment by the Owner as part of a Payment Application submitted by the Contractor. t GAO Construction Services Agr¢amant [2023_vac2] Section 4. Bonds. A. If applicable, the Contractor shall provide Partormanca and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100°/a of the Contract Amount, the costs of which are to be paid by Contractor. Tha Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meat the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at httns�//fiscal treasury coy/surety-bonds/I'st-certified-companies. html. Should the Contract Amount ba less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is decl arced bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meat the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expanse another bond and surety, both of which shall be subject to the Owner's approval. Section S. Contract Tima and Liquidated Damages. A. Time of Partormanca. Time is of the essence in the partormance of the Work under this Agreement. The "Commencement Data" shall be established in the written Notice to Proceed to ba issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Data. No Work shall be pertormad at the Project site prior to the Commencement Date. Any Work partormetl by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within nine hundred (g00) calendar days from the Commencement Data (herein "Contract Time"). Tha data of Substantial Completion of the Work (or designated portions Yhereof) is the date certified by the Design Professional when construction is sufficiently com plate, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days after the data of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly auth prized representatives. B. Liquidated Damages in General. Owner and Contractor racog niza that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the lima specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will ba difficult, if not Impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall ba entitled to assess, as liquidated damages, but not as a penalty, Four Thousand Thirty -One Dollars ($4,031.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also ba entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. Tha Project shall be deemed to be 2 Conatrucllon Services Agreement [2023_vec21 (,AU substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to sack to characterize the above noted Ilq uitlatetl damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall ba computed to exclude the first tlay and include the last day of such period. If the last day of any such periotl falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeadin9 day which is not a Saturday, Sunday or legal Holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, The Owner will count tlefault days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts tlua Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due untlar this Agreement in Owner's sole discretion. Notwithstanding anything herein fo the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continua antl to finish the Work, or any part of it, after the expiration of the Contract Tima including granted time extensions. F. Com plation of Work by Owner. In the avant Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continua to ba liable for the liquidated damages under the Agreement until Owner achieves Substantial antl Finai Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. Tha Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall ba liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under She Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may ba owed to it arising out of or relating to this Agreement. 3 C, ni) Construction Services Agreement: [2023_var.2J Section 6. Exhibits Incorooratad. Exhibits Incorporated: Tha following docu mants era expressly agreetl upon, attached hereto and made a part of this Agreement for Solicitation #23-8141 "Northeast Water Reelamatlon Facility and Water Treatment Plant Daap Injection Walls." Exhibit A-1: Contractor's Bid Schetl ule Exhibit A-2: Contractor's Bid Submittal Forms and Atldendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-'I: Payment Bond Forms 0 Not Applicable Exhibit B-2: Performance Bond Forms � Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit 1: Supplemental Terms and Conditions ®Applicable 0 Not Applicable The following documents era expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8141 "No rthaast Water Reclamation Facility and Water Treatment Plant Daap Injection Walls." Tha complete contract documents, including Ad dandum with attachments, era available on the County's on-line bidding system: httos�//www b'dsvnc com/b'dsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the farms of this Agreement and era available th rough the County's on-line bidding. ®Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Carollo Engineers, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7- Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be tleemetl duly served if deliveretl by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utiiitias- Sub Regional Utilities Division 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Attn: Corinna Trtan, Project Manag ar Phone: (239) 252-4233 Email: Corinne Trtanrr7�coll'ercou ntvfl.aov 4 Construction Services A9reamanr. 12023_vac2] �� B. All notices required or made pursuant to this Agreement by Owner to Contractor shall ba made in writing and shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: You ngquist Brothers, LLC 15465 Pine Ridges Road Fort Myers, Florida 33908 Attn: Harvey Voungquist Jr., Manager 8 VP Phone: (239) 489-4444 Email: HarvavC�vouncc uistbrothars.com Attn: Bill Musselwhita, Sr. VP Phone: (239) 910-1191 Email: Bill roZvounccuistbrothars.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of [his Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has bean informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the data of bain9 placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assinns. Subject to other provisions heracf, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Govarninn Law. Tha Agreement shall ba interpreted under and its performance governed by the laws of the State of Florida. 5 Cansttuc[lon Services Agr¢amanF. [2023_var.2] (_'A(1 Section '12. No Waiver The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agraamant shall not ba construed to ba and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section t3. Entire Aoreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contampl ated, and no other agreement or u ntlerstantling of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall ba deemed marg ad in, integrated and superseded by the Agraamant. Section t4. Savarability. Should any provision of the Agreement ba determined by a court to be unenforceable, such a tletarminanon shall not affect the validity or enforceability of any other section or part thereof. Section 16_ Cha nos Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Oiractive Chang as to the Agreement to the extant provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section t6. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agraamant. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall ba construed against the benefited party) shall not ba applied to the construction of this Agreement. Seotion 77. Order of Precedence In the avant of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agraamant and the General Terms and Conditions shall take precedents over the terms of all other Contract Oocumants, except the terms of any Supplemental Conditions shall take precedents over the Construction Agraamant and the General Terms and Conditions. To the extant any conflict in the farms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agraamant and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract �ocumants upon the Contractor at Owner's discretion. Remainder of page Into ntionaliy left b1anK s Cona[mdlon Services AgmamanF. i2023_vec21 CAC IN WITNESS WHEREOF, the parties have executed this Agreement on the clate(s) indicated below, TWO WITNESSES; Ap FIRST VVIT ESS Print Name t;Z . SECON WITNESS �ic.�larc► ��'nGr1 Print Name ATTEST: Crystal I<. Kinzel, Clerk of Courts & Comptroller SY: Date: Approved as to Forrr► and Legality: County Attorney Print Name CONTRACTOR: Youngquist i3rothers, LLC rveN IOungAL/+ Print Na►1ie and vice Date: �e�'ry�f y ��202`i OVVNER: t30ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA f3Y: Chris t-1all, Chairman 7 Construction Services A�reemenl: 120?_3_v�r.2J n e� s et4 ( AO EXHIBIT A-'1: CONTRACTOR'S BID SCHEDULE !FOLLOWING THIS PAGE! Consimcllon Servlcas A9�eamanh (2023_vac2] S � �� \\\ � $k# §Kitt!! #!! - ;[( �/$\\/\ \\\ ƒ}{ � -- i}\ �\( `({ \ƒ -��---®\ (\ $ (/ #( ,�2»/7/�! \;/ � §)\2)k� {}m ® � ®\\»i%§ -_ /�\ )))/2){/` EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND AOD EN DUM (FOLLOWING THIS PAGE) H ConatruUion Sarvlces A9reamant [2023_ven2] L. �Li F_'maiL Pxurick.BoyleQcolliercowrty Fl.gov GAO TBY C.OLLHLy 'Telephone: C239) 252-8941 Pnxurexn¢nl S¢rvitas Division A</tlendum #1 pats: lone 1 9, 2023 F from: Patrick Boyle, Procurwnent Strategist To: Interested Bidders Su bj ecL Addendum #1 23-8141 Gonsu-uction Ibr Nor[heaxl Water 12eclamation ltaciliry•/Water "ITuument Plant beep lnjectinn Wells "1'he Fo llowinb' clarifications are issued as an addendum: Changes 1.: A site visit has been sched clad For Monday, :tone 26, 202:3 at 10:00 AM CST at the following localion: Collier County Northevst Water Beclamatlon Facility: 825 39"` Ave NI? Naples, F'L 34120 Follow the road around the park to meet in the area of the yellow box as shown in the figure below. [fyou rayuira additional in Formation, please post a yuas[ion on our Bid Sync (www bidsvnc"cum) bidding plaei'o nn under the wlicila[ion for this project. CAU Please sign below xnd return n copy ot'this Addendum with your submittal For [he above Dec. 14 2023 Hale. Younaauist Brothers. LLC (Name o£ Firnt) C'Al , Email: Patrick.Boyle(ticoll i¢rcounty ll.gov ��O 7BY �OLZHty Telephone: (23'J) 252-8941 Procurement Senricos Division Addendum #2 Da[c: lone 29, 2023 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Sv b,lect Addendum #2 23-8141 Northwest Water Reclamation Yacilily and Water [Treatment Plans Deep Injection Welis The Following clariFcfltions are issued as an addendum: Chang¢ 1; The bid due date has been extended as ibliows: Bid Opening Dfltc/'1"im e:�� , ^"�T9eF..n •July 21, 2023 at 3:00 Pm est The questions and answers have been extended as follows: Question 3c Answer Due Date: - - -. July'], 2023 at 5:00 P.m. est If you require additional inform anon, please post a qu¢stion on ow� Bid Sync (www.bidsvno.com) bidding platform under the solicitation for [his project. Please sign below and return a copy o£ this Addendum with your submittal for the above Dec. '14 2023 Dace CIAO SOY �.OT2YLCy Etnaib PatrioR.Boyle(blcalliercounfyfl.gov Pmtxrramont Ste' F~rvicos �ivisian �relephone: (239) 292-8941 Addendum #3 Date: July l4, 2023 From: Patrick Boyle, Procurement Su'a[egist To: Interested Bidders Subject: Addendum #3 23-8141 Nw'Ihwesl Wa[¢r Reclamation Facility and Water '1'reahneni Plant Deep Injection Wolis "this Addendum has beer. issued for [h¢ following it¢ms identify inb' clarifications, changes, deletions, and/or additions [o the scope of work and/or the solicitzuion documa>nts for [he abov¢ referenced solicitation: Change 1: 'the bid clue date has been extended as follows: Bid OP¢ning DateTime:�'�-�", "'^�,�;rn Auanst 21_ 2023. nt 3:OU om EST The questions and answers have been extended as follows: Qu¢s[ion Nc Answer DUC Uate: , - - -. Aucust 7. 2023, aC 5:00 0 >. EST B'dd A 1 vl d ¢ment rein t¢d fo recant leeislntive chances: The Contractor agrees that by submitting a bid an amendment to the resultant construction agreement will be executetl to comply with legislative changes fo Fla. Stet., §2'18.735, Timely payment for purchases of construction services, Fla. Stet., § 255.074, Procedures for calculation of payment due dates, Fla. Stet., §255.077, Project closeout and payment of reta in age, and Fla. Stet., §255.078, Public construction retainage, (with an effective data of July 'I , 2023). If you require additional information, please post a question on our Bid Sync ( G'd )bidding plat{orm und¢r the solicitation for this project. Pleas¢ sign below and r¢tu rn a copy of this Addendum with yo m'sabmtttal for the above 1 �7�G�iL'i3�Y�] Youn�uict Brothers LLCBrothers LLC (Name of Firm) CAU G.OLLTG�Y C LYLli1Ly Cmail: Patrick.Boyle�colliercounty tl.gov "�"�--'""„—' Telephone: (239) 252-R941 Prowrernent Services Division A<Idendam #4 Dafc: August 16, 2023 From: Patrick Boyle, Procurement Slrategis[ To: interested Bidders Subject: Add¢n<h[m #4 23-R 141 Northwesx Water 2cclamation Facil i[y and Wa[er Trcavnent Plain DecP htjection Wells This Addendum has been issued Fur the following items identi Fying olari tications, changes, deletions, and/or additions to the scope oFwork and/or the solici[ation deco menu for the above referenced solicitation: Change is The bict ch[e date has been extended as Follows: Bid Opening Date/Time:-�,� ,�^�^'.,. rt-T.9^�-.-.t- S' [ •b¢r 6. 2023. at 3:00 nm E3T The questions and answers hove been extended as Follows: Question 22 Answer Duo Oata:-��a.'-=�-it•-ra. Au t 25 2023_ at S:f10 n.nt. E4'C if you require additional in fm�mation, please post a question on our bid Sync (w v»• bid d�,cr L) bidding platform under the solicitation For this project. Please sign blow a»d return a copy of this Addendum with your submittal for Lhe abov¢ referenced sj�itation Dec. '14 2023 Date Youngguist Brothers LLC (Name of Firm) CAt) �OcY COLL"KLy Lmail: Patrick.Royle�collicrcounayfl.gov --'^"��"`�-�""""" Telephone: (239) 252-8941 ProwrF;n>ent Services �ivisiwt Addendum #5 Date: August 23, 2023 From: i'atrick Boyles, Procurement Strategist To: Interested Bidders Svbjecd Addendum #5 23-8141 Northwest Water Reclamation Facility mid Water "Il-eatment Plant sleep Igjection Wells 'Fh is Addendum has bean issuetl 1`ur the Following items ideniitying clariflcaeions, changes, deletions, and/or additions to the scope of work and/or the solicitation tlocumen[s For the above re 1'e rencad solicitation: Change t: In response [o Quastion R'J the Plan holders List has been uploaded eo BidSync. Ifyou require additional information, please post a question on our Bid Sync (www b'dsv(�ytL�)Lc.coml bidding platform under the solicitation {or this project. Phase sign below and re[m�n a copy of this Addendmn with your submittal for thu above referenced yo}ycitation. Dec. 14 2023 Date CAO 0 OeY CiOLii'LLy Hmail: Patrick"BOYIe[dcoliiercounryfl.gov ' -"` '-"A- Telephone: (239) 252-R991 PYOCntEm0nf Services DivislOn Addendum #(. Date: August 29, 2023 From: Patrick [3oy 1¢, Procm�ement Strategist To: Interested Bidders Subject: Addendum #6 23-8141 Northwest Water Reclamation Facility and Water Trcannent Plans Ueep Injection Wells This Addendum has been issued for the following items identifying clariflce[ions, changes, deletions, andlor additions [o the scope of work and/or the solicitation documents for the above rc Ferencecf solicitation: Change t: 1'he bid due date has been extended as follows: Bid Op¢ning Date/"Time:-Fiayw�trN3e.�iB23.�"wr*� Se ttem bar 2Z 2023_ at 3:00 om EST "fhe questions and answers have been eseend¢d as follows: Question Sn Answ¢r Uve Uate: ," o_-_ __, _^23;-:r.. S t b 13 2023. at 5:00 n. m. EST 11'you require additional information, please post a question on our t3id Sync twcvw bidsvnc"com) bidding pl a[fonn under the solicitation I'or this projcca. Please sign below nntl return a copy o£ this Atltlendum with your submittal for tb¢ above Dec. '14 2023 Daxe CAO G.O TB�_.Y C�N_'H'Cy Emnil: Patrick,6oyle Qa colliercounty Fl.gov Procurement Servicsa DIV181o11 Telephone,: (239) 252-8941 Addendum #9 Date: September 26, 2U23 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject Addenetum #'l 23-8141 iJorthwest Water Reclamation Facility and Water '1'rcatment Plant Deep htj ectiwt Wells This Atldendum has been issued for [he Following items identifying clarifications. changes, deletions, and/or additions to the scope of work and/or the solicitation documents for the above referenced solicitation: Change L• "fhe bid due date has been extended as follows: Bid Opening Date/'I'imc: Soptar»6�' ^^.�""�.z^.9-p*n-liS-l� O t ber 18. 2023. nt 3:OOnm t:ST The questions and answers have been emended as follows: Question a& Answer Due Date: Se -"'-""' �. ^'�^^. r� ""-ry�na,-F.SF October 1Y. 2023 al S:OOnm CST [f you require additional infonnntion, please post a question on our Bid Sync (w4vw bidsvne.com) bidding platform under [he solicitation 1'or this project. I'Icnsc sign below and return a copy of this Addendutn with your submittal £or [be above Dec. '14 2023 Date CAU C�O��Y COurlty Ewail: Pau-ick.Boyle rr colliercounty Fl.b'ov e_,,.�,._--.�_.-__,..,�_,,, ?rocuremanl Services Division "felephm>e: (239) 252-5941 Addendum t!8 Date: September 28, 2023 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum f{A 23-5141 Nortfiwest Water Reclamation Paci7lty and Water"treatment Planl Ueep injection Wclis This Addendum has been issued Cor the following items identifying clm�i fications, changes, deletions, and/or adcf itions to the scope o'F work and/or the solicitation docurnw>fs fnr the above refetrenced sO11C1[at1U11: The following clarifications are being made in response to questions posted on the County's bidding platform, and are hereby incorporuted into the bid: Chan gc 1: Words : "'-'.moo.'-. are deleted; Words underlined are added [o the S'olici[ation document: The SuccessFul Bidder shall be required to Finally complete all Work within :g" - - Ee»-Ey-(R40) nine Itund red and sixty (9601 calendar days t}om and after the Commencement Uate specified in the Notice to Proceed. The final completion days includes substantial corpletion days of elgh-�. -'-'gin '�^o nine hundred (9U0) calendar days, with an additional t==€.-:y--(�) sixty (6l1) calendar days to Fnal eompintion. Should Contractor Fail to achieve Substantial Completion within the number of calendar- days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, �--'- "-'-�roo nd �-.�� -- - - _- -- - _ - �a'4r479) four thousand thir[v-one ($4,0311 for each calendar clay therca ti'.er until Substantial�Completion is achieved. Words .,'.-.�.'�.:n are deleted; Words underlined are added [o Porm 1- Bid Response Form: 'hhc undersigned further agrees fo substantially complete all work covered by this Bid within aig-trY--h a:. Q'---._ --_ _— _ _ _ � nine hundred f900) consecutive calendar days, computed by excluding the commencement dale and including [he lest day of such period, and io be fully compl etcd to the point of ti nal acca prance by the Owner within Eltil�3U) six�(601 consecutive calendar days after Substantial Completion, computed by excluding commencement dale and including the last day of such period. See reviaed solicitation uploaded into BidSyn c. CA�t Change 2: Exltib it M SECiMP_NT 3 PRELIM CONSTRUCTION ('L.ANS hsss been uploaded info BidSync Change 3: Section 13-40-00-1.U7(Ci), "fhe following language is added to the end of the paragraph. "Po[ab le water Ft-om the County public supply systertr is available w the co ncracmr along the north boundary of the project site. Raw groundwater is available to Cbe contractor from two existing wells located Haar the proposed injecl'.ion wells. One well is approximately 120 feet deep with 70 feet of casing producing water with about GO ntg/I chloride. 'fhe other well is approximately 1000 'Feel deep with 740 feet of casing producing wator witk about I500 mg/1 chloride." Section 13-40-00-3,01(A), The following language is ¢tided to the end of the paragraph. "Wafer generated from various testing, logging. and development activities may be disposed of a[ one of [he Co un [y's existing deep injection wells." Section L3-40-00-3.01(F), 'Che following. language is added just before the scn fence that begins with "The CONTRACTOR shall not use any other si [e For disposal purposes. "Clean drill cuttings from reverse air drilling may be left on site if gr¢ded to not create a nuisance on the site-" Section 13-40-00-3.17(B), The following language is added as the second sentence of the paragraph- "Phe source o'f injection testing water may be tal<cn from the transmission mains located ,j ust south of [he northern landscape buffer. "Phis may change as on -site. projects ¢d vance. Injection test water will tie provided at no cost to [he Contractor. Contractor shall provide appropri¢[e bacldlow and meter assembly based on Collie-r G'ounty standards." On Sheet OOGOS, Overall Site Pian, The following note is added — "Contractor can utilize area to [he east of the injection well sites For a laydown area. Lay down area strait not encroach upon access [o existing structures." Section 13_40-00, subsection LA2, "1'ha 1¢st two sentences in paragraph A are deleted. Section 40-G1-00, Part 2.02, Subsection 4, "Che Following item a is added "P�rogrannncr will be engaged after well construction bid award." IIr Section Ol _29-73, Section 1.02, paragraph R a$ C, The following words arc deleted "cost loaded" and "cost -loaded". CAC In Section O1_29_73,. Section LQ2, parvgrssph D, Item 1, the pa rt ietl payment [able is doleted. _-- 3 � �-9 si9 23 �5 —___ -1-00 ._ a90 In Section 01 32_21, subsection 1.U9, paragraph L, sen [en ce 2, The following words arc+ deleted "cost loaded" Sectimr O1_d5_24, subsection L.113, paragraph E is deleted. Section O1_5(1_00, su bsectiou 1.04, paragraph C, item 3, "fhe 1'o flowing "Pay for water used." is deleted, Depleted wid> "Contractor will not have to pay for water." Sectinn 13-40-00-1.05(A), l'hc Following language is added just before the sentenoe that begins with "fhc CONTRACTOR shall submit complete consnvction details. "In lieu of concrete pads, the Owner will accept an equally clTective steel drilling pad and co ntainmcnt area." Section 13-40-00-3.09(A), The following language is added just before the sentence that begins, "A minimum recovery of 50 %. "It is the intent of the coring specification Co provide Cest samples [hat meet FDEI' requirements for eonfi nement analysis. Payment will he made to conb'actor if torts are produced that meet this purpose." Section 13-4U-011-312E, The current paragraph is replaced with the following paragraph. "The C:ON9'RAC'fOR shall include the cost of the packer tests and Five water quality analyses in the .lump sum price for the injection well. l'he CONTRACTOR shall include tl>e cost of the packer tests and eight water quality xna h•scs in the lump sum price of the dual zone monitor well. Contracted payment schedule of values may be adjusted i/'more or fewer tests are performed.' Section 13_4U_00, subsection 3.19, paragreph C is deleted. Sheet PNIOl, Deep Injection Well Plan, Key Note 9, "100 gallon" is deleted and "256 gallon" is inserted. Sectiou I 1 I 00, subsection l..11l, The Following item is ¢dded "E. Eleotrical Connections: All CONTRACTOR furnished equipment requiring electrical connections, -connections shall lx made a[ [he local electrical panel." Sectinn 1 11 00, subsection lAl, The following item is added "E. Glectt-ical Connectiw>s: All C ONTRA C:TOR furnished equipment requiring electrical connectiwts, -connections shall be made at tlae local electrical panel-" Change 4: See t'evised PO Penns and Conditions uploaded into BidSync. CAO Change 5: Revised bid schedule [o remove E2,400,000 Owner's Allowance on Bi<I Schedule. This amount will be identified separately O-om the total contract amount. Please see note on hid schcd ule as follows: 'Sta Ff has allocated S2.d DO.000 in Owner's Albwance - for Owners Use as Directed. This Allowance wit I he used only at [he Owner's direction To accomplish work due to unforeseen conditions and/or by [he Owner- Inclusion of the Albwance as part o{the Contract Price is not a guarantee char the Contractor will he Paid any portion or the f ❑1 amount oP the Allowance. 6xpendiwres of Owners Allowance will be made through Change Order with proper dommenrxtion of T'ivie eual Materials supporting the change. See revised 23-BI_50 BW Schadule 12w� uploaded into Bid Sync. Change 6: 'Phis Addendum has been issued for the tbllowing items identifying cl ari citations, changes, deletions, and/or additions to the original solicitation documents and Fid schedule For the Above referenced YV hCl tA210n: Wards -' ---�.,z.�.:-'mra�.g:'. are Belated; Words underlined are added Co the Rid Schedule: ITEM DESCRIPTION - QUANTITY VNIT Unit Total Cost LABEL Prlce 3 Wellhead Piping _ 2 1 Lump $ Su m 4 Well Conta in meni Pads (Intl. clearing, ;� 3 Lump $ grubbing, R. foundation pre pa rad on Sum - _ 5 Injection well Annulus System � 1 Lump $ Sum 9 Well Commissioning 2� 1 Lump $ Sum See revised 23-8191 Bid SchecLtle Ruv uploaded into Bid Sync. Change �: Words underlined are added to the bid Schedule: 1"fLlM DESCRIPTION QUANTTI'V UNf"f LABF-- L. Unit price Total Cost (� 1 � Mobtllzntimr lm nximum 5^/0 of the total I � Lump Sum I I B b; n See revised 23-6131 B1d Sch edult Rev uploaded inM Bid Sync. CAO Change R: Revised Section OI 20 2U Revised Measurement and Payment is attached. IFyou ra:quire addieional in furtnation, please post a question on our Bid Sync hvww.bidsvne.com) bidding platform w>der the solicitation For this project. Please sign below and return a copy of this Ad dentivm with your submittal fnr [he above referen red>s�icl rn t ion. Dec. '14 2023 Dale Youngguist Brothers LLC <Name of Firm) CAt> Email: t'atrick.BoyleQ�colliercounty tl.gov �_O 7cY GULii'Aby 'felcphone: (239j 252-8941 Prwuremant Ssrvlces Oivlsion Addendum #9 Dnte: Octrbar 12, 2023 From: Pab�ick Boyle; Procurement Shategist To: Interested Bidders Subject: Addend uvt #9 23-8141 Northwest Water Fieclama[ion Facility and Water Trea[meut Flans Beep Injection Wells The following clarifl cations are issued as an addendum: Change l: The bid due date has been extended as follows: Bid Opening L7a[e/Time:-BekaH��.f October 29. 2023 at 3:00 pm cst IF you require additional information, please post a questimt on our Bid Sync (wway.bidsvnc.m n) bidding platform under the solicitation For this project. Please sign below and retw-n x copy of [his Addendum with your submittal for the abova Dec. '14 2023 Date Youngauist Brothers LLC (Name o{FinnJ Ch(l Brnail: Patrick.Boyle�Ucnlliercountyfl.gov —,O�=EY �O'w„�Lf3_A'Gj!y TeleV hone: (239) 252-8941 Pmauement Services Division Addendum #10 Date: Octoher 20, 2023 from: Patrick Boyle, Promsremen[ Strategist To: Interested Bidders Subj act: Addendum #10 23-8141 Northwest Water Keclam anon Facility and Water Treahnent Plant Deep Injection Wells The following clarifications are issued as an addendum: Cha ago 1: The bid due date has been extended as follows: Bid Opening Date/"fimc: ^- - - :"Bpt» November 10. 21123 a[ 3a10 um est [f you require additional information, please post a question on our Bid Sync (www h'dsvnccom) bidding platform under the solid ration for this project. Please sign below surd return a copy of this Addendum with ymtr submittal for the above Dec. 'i 4 2023 Date C AO C�OiCol' Co>r!:-vtt Ernail: Patrick.Boyle <t;colliercourttyEl.gov . _.v ��,F___.�_�Y,_ _,_ y "Celephone: C�-'39) 253-8941 Proarrement Services Division Addendum #:L1 Uate: November 13, 2023 Prom: Patrick Boylo, Procurement Strategist To: hrteres[ed Bidflers Subject: Addendum #I 1 23-8141 Northwest Wafer Reclamation Fauil ily and Water Treamtent Plan[ Oeep Injection Wells 'Phe following clari lSca[ions are issued as an add¢ndwn: Change 1: The bid due date hxs been extended as follows: Bid Opening f�ale/Time: " - - - — D¢cem her 15. 2023 a[ 3:00 mn PST Ifyou require addi[ional infonnati mt, plearse post a question on our Bitl Sync (www.bidsvn�c�) bidding pl xt}bnn under [he solicitation for this prgject. Please sign below and return n copy of this Addendmn with your submittal fnr the above Dec. '14 2023 Date Youngauist Brothers LLC (Name of Finn) OAO Email: PatrickBuylc(o2colliercounty fl.gov G.O 7C:1' G OLf.Y'Lty 'Telephone: (239) 2i2-8941 Procurement Services Division Addendum p12 Dace: November I6, 2023 Prom: PatricR Boyle, Procurement Strategist To: interested Bidders Subject: Addendum N12 23-8141 Northwest Water 2eclamation Pacil i[y and Water Treatment Plant Oeep InjeGion Wclis The following cl ariflcations ssre issued as an addendum: Change l: The yueslions and answers have been extended as tblluws: Questions and Answers Uatell"i ntc: � -- - - Dacem bar G. 2023 at 3:00 om 1�]S1' Change 2: The Yollowing Drawings have been removed from l.xhibi[ M OOG07 S02 503 OOEOI through OOE11 OOG'NO I through OOGNOS OONOI [hroagh OON09 03N01 "fAO 1 , "f5(> 1 through TS04 TMO 1 . 'TN O I A revised Exhibit M-91261000LLIC R—ADDF.NUUM 12_DRAWiNG_SRT has been uploaded into 6id5ync. Change 3: Plan Changes are as tollmvs: Sheet PMOI —Provide Well Amnd us Pressure System only Sheer PM02 - —Provide Well Annulus Pressure System only A revised Exhibit M— �1261[ICOLLI'GI2_ADDENDUM 12—DRAWING—Sh, 1' has been uploaded into B idSync. C Ate Change J: "Che following Divisions hove been deleted frmn Exhibit J: Division D3 —Concrete Division OS — McCais Division 03 —Finishes Division 10—Sped»hies Division 26 — Bieclrical Division 40 -Process Integretion Division 4G - W»ter and Wastewater Equipment A revised Exhibit J — NOR'['HEAST WRF-WTP D1W3—Blll SET—SI'ECIFICA'CIONS has been uploadetl into BidSync. Change 5: The following specitica bons sections have been deleted: 13-40 00 Deep Injection Wells and Dval Zonc Monitoring Weil 43 23 13.45 Horizontal Scl f-Priming Sampie CenCri Filgal RCmps 43_25_00.10 Submersible Process Liquid Sump Pumps A revised Exhibit .I —NORTHEAST WRF-rVTl' U[W3—BID SET_SPECIFICATIONS has been uploaded into BidSync. Change G: Reply ce the Following Speciflca Lion Sectiona. pelctc Section UI—I 1 00 Swnmary of Work and replace with upd»[ed Section OI 1 100 Summary of Work. A raviscd L;xhibit .T — SeMion O/.-11-00—rev has been uploaded into BidSync. Chnngc �: The following line items have been revised on the Bid Sche<Inle. Words stfrz¢le-Hwougtr are deleted fi'om [he bid schedule. ITEM DESCRIPTION QUANTITY UNIT LABEL .—_ fcateadekiaH-k'zeope.�a'�:.,.. _ __-_- A revised Bid Schedule has been uplondetl into BidSync. Lf you require additional infw-mution, please posy a question on our Bi<i Sync (www.bidsvnecom) bidding platform tinder the solicitation For [his project. �`A(_1 I'Ica se sign below and retn rn a copy nY'Niis Atldentlum with your submittal for the above Dec. '14 2023 Date Younc�quist Brothers LLC (Name of Pinn) CAU pORM I -BID RRSPONSr FORM — 130ARD OF C'O UNI'V CONI NIISSIONRRS CO LLIILR COtIN'i'V, F-LORIUA Nrnroheast Wator R¢clamuion Facility and Waster Treatment Plana Ueep In.lectiwa Wells BID NU. 23-8191 Full Namr of AiAAcr.YOU ngq UlSt BrOLFIOFS, LLC Main Business Address 15465 Pina Ridge Road, Fort Myers, Florida 33905 Flare of Busmesa Lee County, Florida (Same Address As Above) _____ Telephone No. 239-489-4444 pax No. 239-489-4545 _______ Stare C'ono-acmr's License N FL W W #9'1336 / CGC15'17866 / EC13004802 State of Ploriaa certificate of Audaoriry Document Number L2'I 000000723 Feder,A Tax Identificx[ion Number 59-'183696'1 ___ _,_ 064668940 umqua emits to n g7M64 DLIN$ i CC RH SH03VCMPSRJ9 Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COL.LIP.R COUN'fV, FLOI2IUA (herei0after celled [hr Owner) 'Rae undeisigneA, as Bidder deaaares that [he only person or parties imcrested in this Aid as principals are those namrd fierein, that this Aid is submittotl without collusion witM1 any ether Person, firm o corporation; that it has carefully exam inetl the locaaion of the proposed Work, th¢ proposed foma of Agreement andrall other Con[rx<t Docu mrnts and Bonds, and the Contract Drxtwings mad Specifications. Bitltlnr proposes, and .agrees if this Bid i cnpted, Aidder will execute the Agreement i aclutled in the BiAding Documents. to provide all n cessary manhinery, tools, apparatus and other means of construction, including utility and transportations s necessary [o do all the Work, and famish all the materials amd equipment specifiod or inferred to in the Contract Documents in the mannm' and time herein prescribed and a ording [o the requiremonts of [fie Owner as therein set Por[h. famish the Conlracto�'s Bands and Insurance specified in the Cicneral C'onAitions of the ConUvcq and to do ell other things rnyuired of the Crnm�acror by the CSontract Documents, and tlaat it will tako full payee east th¢ scans set F aYh in Uae f Ibwing Bid Schedule: Unit 1>ric¢x shall be provid¢A in nu morn Lhxn two decimal points, ease in [he case where Farther d¢cimal points ¢ Ina<Ive rtm,tly provided, rounding to two Aa¢im nl points will ba ¢ondu ct¢tl Uy Prpcvrmnent Services Uivisinn s na rf. Upon notif cation that its Bid h¢s been awarartl, the Successful HidAer will execute the Agreement form attached m [he Ridding Documents within can (10) calendar dsrys and deliver the Surety Aond or Bonds and Insurance CaYi Eicatos roquired Uy [he Contract Documents. Th¢ biA security atfmhed is to become the prop¢rty of the Owner in the event the Agreement Insurance Certificates and BOnAx a not executotl avd delivered to Owner within the time above set f rth, xs liquidated damages, for the delay anA xdditional expense [o [hr Owner, it being remgniud that, since time of the essence, Owner will suffer Financial loss if the Successful Bidder tails toe ecum and A¢liver to Owner the reyuireA Agreem enq Lasurancn CerYiFicaies mad Honds within the required time period. In the event of such failure, the carat a mt of Owner's dxm ages, will be dilBcui[, if not impossible, to definitely ascertain antl quamity. It is hereby ngre<ai that it is approprintc and f it that Owner receive liquidated danaxKes tiom the Successful Bidder in the event it foils to execute anA deliver the Agreem net, Insmvnce Certiflcxtos, xnd Bonds vs required itereu ntler. 'net CA�� (,'OIa$Ill1Gt%On SC/icitetton Ooc rev 04 t52022 sa¢oassrrd e,idaer ner¢bv a.xpr¢sslr avaiv¢s ana r¢ungnisnas any right wnia, ;t .nay nn�¢ w sack to annra¢rori..¢ u,a more nntaa b<Iaddat¢d aatr,agas a a penalty, which o,a pnrties asr¢¢ rapresents a e,ir and r n. nabs¢ estn,,,aa or Owner's actual damages ut the time of bidding iFthe Success fi.l t3 idciar Fails m oxccute vnal daliver U,a Agreement, Insurance Certificatas, and [3onds in a timely manner. U pun mccipt of the signed and aPProvc<I agreement and Purchase Ordciy the undc rsigned proposes to ¢otmncnc¢ work ai the sit¢ within ❑va CS) calendar days fi'om iM¢ wmmeneemant Gate stipulated in the wriuev Notic¢ Lo Pmcectl unless the Pt'oJaa[ Manag¢q in wri[ing, su bscq uently n<>ti Fies the C:on tractor of a moklifieY cxcLmling the commvncen,eat Gale and inclo<1in61he last <1aY of such period, ndsm be ❑dly completed to the point of linnl acccpmnce by the Owner within sixty (all) consacutive calendar days after Substantial Completion, computed by excluding commenc¢menp dale and including Ine last day of such period. Acc¢p[mme mta nclmowl¢<Ig¢d by vn Authnriu Agent 5ignata, re:_ Harvey Youngquist Jr. rula:LLCger 8. Vic President oaee:�acember '14 2023 CAO Constroc[ion So/icitertion OOc rev D4952022 �— FORM2-CONTRACTOR'S.KEY YERSONNBI_-A65lCNED TO THE PROJECT' Nur[hutst Wamr Reclamation Facility and Water 9'rnaunenf Flwu Dnnp Injection Wells Bid N o. 23-A 1 J I Name j:�'sonnnl Cameo To Be Oecitletl - Multiple Resumes Attachetl C)nns[ruotion Superintendent Harvey Youngqutat Jr. Frcaimt Manager Additional personnel that would be involved in this project include, but are not limited [o: Bill Musselwhite (Senior Vice President -Contracts 8� Customer Relations) - Cameron Webster (Drilling Operations Manag ar) - Clay Ferguson (Geophysical Logging &Cementing QA/OC) - Ray Pierson (Geophysical Logging Division Manager) Tim Mitchell (Health &Safety Manager) Richard Finch (Project Controller) Matt Young (Project Administrator) Construction So/icitafion Ooc rev 04152022 CAO Ct\t Youngquist Brothers, LLC 15465 Pin¢ Ridg¢ Road Fort Myers, FL 33988 Phone (239) 489-4444 YOUNGOLIiST BROTHERS. L.LC Hatrvey Youngquist, Jr. 15465 Pine Ridge Road Foi•t Myers, FL 33908 (239)489-4444 Position• • L.LC Manager, Vice President • Project Manager P trofessional Oualificatio ns: • State of Florida Water Well Contractor #FI L336 • Florida Certited General Contractor t#CGG'1517866 Florida Certified Electrical Contractor #EC13004802 • Florida Certified Class A Air Conditioning #ACAC1819495 • Bachelor of Science —Mechanical Engineering Education• Estero Fiigl> School Graduated Tulane University Bachelor of Science —Mechanical Engineering Gm olovinent• Youngquist Brothers, LLC Scone of Qualifications: 2004 to Present • 19+ years Drilling Experience • Water Well Design, Construction, Testing and Maintenance • Geophysical Logging and Analysis • Deep Well Acidization 2000 2004 CAC r Y i Youngquist Brothers, LLC i 5965 Pin¢ Ridge Road Fort Myers, FL 33908 Phone (239) 489-4444 YOUlYGOUIST BROTHL'RS. LLC C. W. "Bill" Musselwhite 15465 Pine Ridge Road Fort Myers, FL 33908 (239) 489-4444 Yosition- Senior Vice -President Director of Business Development Chief Commercial Officer Pro £essio nxl Oualifl cations: • State of Florida Water Well Conn-aceor • State of Florida Certified Building Con[actar • State of Florida Certified Underground Utility and Excavation Contractor Education• Palm Beach Atlantic University Emnlovment• Yovngqui st Brothers, LLC Senior Vice President Y ovngquist Brothers, lnc. Vice -President D iversi Fied Drilling Corporation Vice -President Independent Well Drilling Consultant Youngquist Brothers, [nc. Vic¢ President Scon¢ of Ouali£�catimts: # i 1191 # CBC-1253245 # CUC-t224190 1973-1975 Jun 20] 7 -Present Oct 20l O -Jun 201 7 Oct 2001 -Oct 201 O"` Aug 1999 -Oct 2001 Jun 1992 -Aug 1999"" • Speci£ica[ion, construction, testing and maintenance Of U1C Class 1 Injection Wells and rel8ted infi�astructure • Specification, construction, testing and maintenance o£ U7C. Class 5 ASK wells and related infrastructure • Specification, construction, testing and maintenance of Pvblic Water Supply wells and related infrastructure • Member FDEP U [C rule revision work group and EPA Class V (ASR) regulation review I999 • Construction contracting rnethodologies, claims prevention, negotiation, resolution • Construction related strategic cost analysis CAO ! �l Youngquist Bzothers� LLC 35465 Pine Ridge Road Fort Myers, FL 33908 Phone [239)489-4444 YOUNGOUIST BROTIiI;RS, LLC Cameron W¢bster t 5465 Pine Ridge Road Fort Myers, FL 339U8 (239)489-4444 Yosition- Manager of Urilling Operations Pro Eess io nal Ou ul itica bons: • Over 30 years o1' experience as a Well Driller • OSl-IA IO Hour Construction /OSHA 40 Hour "Trained • HA"7-.WOFFA "I7ainetl 1;ducution• Eastwood Collegiate Institute F mnlovm enb Youngquist Brothers, L.LC Yonngyuist Brothers, Inc - Hammer Construction Self 13mployed S'cooe of Ouali}ica lions: Manager -Drilling Operations 2012 ro Present Superintendent 1996 Co 2012 S uperi n[endent 1992 [0 1996 • Well Urilling c@. L'yuipment Design • Core Sample Retrieval Well Bore Logging .Rc "1"esting • Mechanical Integrity 1"esting Well Mai ntenancc • Cementing/Pertrira�i�n • Mud 8c Reverse Air Urilling Fiberglass G'sssing Installation • Ueep Wcll Acidization CAO I F�..'4r � •}'i G j U ��.�� ,_ .. .. -_ Position Yossnggssist Brothers, LLC 15465 Pina Aidge Road Fort Myers, FL 33908 Phone (239) 489-4444 YOUNCGOUIST BKOTIiERS. LLC Clay Ferguson 15465 Yine Ridge Road Fort Myers, FL 33908 (239)489-4444 Operations Manager Rc Quality Cc a[rol Professional O u alificxttio ns: • Over 30 Years of Experience in Geophysical Logging and Well Drilling • OSE-fA 30-Eiour Construction OSFIA 24-Floor 1'Iazwoper, • Water Well Contractor- L,icw>se 94fi3 • Stxme of Florida Depl. of I-Iealth -Radioactive Nf atcrials L.icensc RSO • LJS BATE - 33 -User oP I-ligh Explosives • State:. o'F Florida Explosive Users and Blasters PermiC • First Aid, C;PR h' 1-12S Environments Ed ucxtion' Midwestern State University Colorado State University Em nlovment• B.S. Arts Xc Science Nalu rat Resource Management Youngquist Brothers, LLC Operations NEanager/QC July 201 5 -Present Layne Christensen Company Drilling Operations Manager 2009 -July 2015 Youngquist Brothe�x, LLC Operations Manager 2006 - 2009 Youngquist Brothers, LI.0 Geop hysicssl Logging Manager 1998 - 2006 An>erican L'agle Well Logging Owner/Partner/Logging Engineer 1988 -� 1998 Wclex/1-laliburton Logging Services Logging Engineer 1980- 1983 Scooe of Ouxli£cxtions • Well Drilling bc'. EquiprneM Design Ceophysical Coring Value Engineering • Geophysical Logging 8c 'Costing Mud .$ Reverse Air Drilling Prgject Estimating Radiation Safety Officer Regulatory Compliance Scheduling • Mechanical Integrity Testing Cementine / PcrEora[ing Rig Safety . Specialty Cement Blends Deep Well Acid ization Down Flole Fishing • Explosive Use and Safety Geophysical L.og Analysis and Interpretation Daily Drilling Supervision of lJp to Eight (8) Deep Inj cotton Wcll gigs CAC) ��t y,��) "�" Younggssist Brothers, LLC 15965 Pine Ridge Road Fort Myers, FL 33908 Phone (239) 489-4444 YOUNGOUIST BKOTHCl2S, L.LC Rxymond I:. Pierson 15465 Yine Ridge Road Fort Myers, FL 33908 (239) 489-4444 Position Geophysical Division Manager Certifications: • OSFIA 30 Hour • HAL WHOPER 24 • CPR 8c First Aid • 40 hr. Radiation Safety "Training 'Fw' liadia[ion Safety Oti iccrs • Stiate of Florida Explosive LicenselA"1'F Letter of Cloarance • State of Florida Blasters Permit • CEO LOCI Engineer Trai ning • Class "B" CDL Driver's License w/ HazMat/Air Brake Endorsements • Rules cec Regulations of Workplaec Safety and OSHA Compliance • CertiFed Practitioner in MODAPTS Fundamentals Trained Educator in Reasons Root Cause Analysis • "Trained in LEAN Manufacturing Principles liduca tion: Wabash Valley College "Pelecommunica[io ns (M [. Carmel, 1L) 19R1 - 1983 l:molovmant- Yowtgquist Brothers,. L.1_C Geophysical Division Manager Nov 2016 -Present GEOLOG Well Saty ices. Lte. Open/Cased 1-tole Engineer Sept 200`J -Nov 2016 Clay County Industries Director of Operations Aug 2003 - Peb 2009 Quebeanr World Process hnprovem en[ Manager July 20(71 -Aug 2003 Quebecor World Manufacturing Ntaneger Aug 1997 - Ju1y2001 Scooe of Qualifications: • Geophysical Logging 3c "testing -Open Hole Rc Cased Hole • Geophysical Logging Interpretation • Mechanical Integrity Tes ling • Well Perforating • Borehole Imaging Rc Video htspec [ion • Injection Well Pum p/Packer Testing w/ In -Situ Equipment i'/�O Youngquist Brothers, LLC 15966 Pine Ridge Road Fort Myers, FL 339 D8 Phone (239) 489-4444 YOUNC�OUIST BROTL3CR5. LLC Tim Mitchel] 15465 Pine Ridge Road H'o rt Myers, FL 33908 (239)489-4444 Position Environmental Fl eo-ilth R Safety Manager F-Inman Resources Manager R-ofession al Qualifications: • Certi (ied Gravitech Pall Protection/Restraint Trainer • Cer[if ied Qrosby Rigging Tra finer • Designated Qualified Individual for-Il'enching/Exc¢rvation and Confined Spaces C:w'[ified OSLfA 1.0-Hour Instructor Cw-ti fie-d OSF-IA 30-F-lour Instructor • Rig Pass/Safe Land 'Grainer • 1=first-Aid/Cl'R Certified Educat'mr Wellsboro High School Salisbury Slate Univc-r5 ity Em olovment: Youngquist Brothers, LLC G text Plains Oilfield i2enial K tog Corp 4'ioga County Conservation Wellsboro, PA Salisbury, MD Sa Fety Manager/1-IR 2015 -Present EI-Ides Specialist 201 I - 20I4 Asst. Sil'e Superintendent/F.I-Ides 2004 �- 201 I Environmental Tech 2001 - 2004 CAD a6r y �..y—, fif- x ,.. �A P _ I a 'tF�yT i�t �. Youngquist Brothers, LLC 18488 Pine Ridge Road Fort Myers, FL 33908 Phon¢ (239) 489-4444 YOUNGOUIST BROTHERS. LLG7 Marls Devine 15465 Pine Ridge Road Fort Myers, i'L 33908 (239)489-4444 Position• S uperin[endent Certiflcatio n: • OSFIA 30 Fiour }tA7 WOPFR 24 • CPR Nc }:first Aid liducation- Niagara Falls High Schools, Nixgnra, NY "I'wo year Trade School -Electronic Technology, LIS Signal Core, Augusta, Georgia Em olovment• Yoautgquist L3 rothors, LL.0 Superi n[endenC 2015 to Present Sxson Drilling Nigh[ Supervisor 20} I Co 2015 You ngquisf Bro Chers, Inc. Driller/Derricktnan 2002 Io 201 7 Nabors Drilling Ploorhand / Den'ickman/Driller I998 to 2001 Scone of Oualiflcxtio ns: • Mud Rc Reverse Air Drilling • Core Sample Retrieval (Mud Rc Reverse Air) • Logging �. 'I"esting • Mechanical Integrity Testing • CemecCing • Fiberglass Casing Ltstallxtion • Rig CJ p, Rig 1'Jown, SiCe Preparation • D¢ep Wcll Acid izxtion • Packer 'I'csting CAV YOUNGO UIST BROTH FRS. LLC Arced hbra Rodriguez L54G5 Pine Ridge Roud i'o rt Myers, FL 33908 (239) 489-4444 Position- Superintendcnt P trofession nl OualitScatimxs: • Well Driller • OSHA 1 O Hour Construction • OSHA 30 1-lour Constuction • IADC Rib Pass Lducation- rr -rea,n icia„ Em nlov ment: Youngquist B�nthcrs, LLC Youngquist Brothers, LC..0 P3NSIGN Trinidad Drilling Trinidad Drilling Youngquist Brothers, Inc. Youngquist Brothers, Inc. Sherrit Int. Oil K. Gas SA[PBM ENI Great Wall DC Scone of Oualii4cn lions: Youngquist Brothers, LLC 15465 Pine Ridg¢ Aoad Fort Myers, FL 33908 Phone (239) 489-4444 • H2s Alive • Conl'�mcd Space Entry • Rescue and First Responder • WHMIS Certi ('led Superintendent 202z to Present Driller 2021 to 2022 Driver 2020 to 2021 Driller 2018 to 2020 Derrick hand 2077 to 2018 Driller 2016 [0 20I 7 Derrickhand 2015 to 2076 Driller _ 2014 to 20I5 Derrickhand 201 I to 2014 Floorhand 2007 to 201 l • Construction and 'Testing of Water Wells • Well Drilling 8c 139uipment Design - Oeophyeical Corintt • C'eophYsical I-,ogging • Nlechanical Integrity Testing • Cementing/Perforation • Mud 8c Reverse Air Drilling • Fiberglass Casing Installation • Rig Up, Rig Down 8c Site Preparation CAO �1N �(( ��,��` Position- S uperintenden[ Youngquist Brothers, LLC 15465 Pin¢ Ridge Road Fort Myers, FL 33998 Phone (239) 489-4444 YO�UN GO UIST.BROT'HERS. LLC 1'ro t'cssimt al Ouali Picntions: • Drilling Superintendent • well Driller • OSHA 1 O-Hour Construction F duca lion• Tucker !-ligh School Emnlovm ent• Youngquist C3 rothers, LLC Youngquist L3rothers, LLC Lauderdale Motors Sco oe of Oualificatio ns: Chris Harp 15465 Pine Ridge Road Fort Myers, FL 33908 (239) 489-4444 "Pucker, CA Superintendent Dri Iler Mcch anin • Construction and "Pesting of Wa[er Walls Well Drilling Nc Equipment Design • Cienphysical Coring • Gooplrysical Logging Mechanical Integrity "Pesting • G'ementing/ Perforation Mud 8c Reverse Air Drilling Fiberglass casing Tns[allation • Rig Up, Rig Down, Site Preparation 201 5 - Proscnt 1995 - 2014 1993 - 1995 CAO � a Tm- v =U. Position - Superintendent Youngquist Brothers, LLC 15485 Pine Ridge Road Fort Myers, FL 33908 Phony (239) 489-4444 YOLTNGOUIST BROTHERS. LLC Professional Oua li£�ca do ns: • Uril ling Superintendent • Well Driller • OSF{A 10-Hour Construction • OSHA 30-Hour First-Aid/CPR BOP Ce�2itl ed • Master Diver Education - Dover High School Emolov menu Youngquist Brothers, LLC Youngquist Brothers, LLC King Irrigation and Landscape Pro Sub Commercial Diving Scone of Ouxlifications: Carlos Lopes 15465 Pine Ridge Road Ft. Myers, FL 33908 (239)489-4444 Dover, NJ S uperintendenl Dri I ter Supervisor Diver • Construction and Testing of Wells • Pump Testing, Inj ection 'Cesting �. Packer "Testing • Well Drilling 8c Equipment Design Geophysical Coring • Logging .& Tes[ing Mechanical integrity "Testing • Cementing /Perforation • Mud Sc Reverse Air Drilling Fiberglass Casing installation Rig Up, Rig Down Rc Site Preparation 201'1 -Present 2007 - 201 7 2003 - 2007 1990 - 2003 CAO ■ ®V � V .: YOUNGOUi57C I3ROTEIERS', LLC 'Tim Mw-rell 154t35 Pine 32idge Road Fort Myers, FL 33908 (239) 489-4444 Posi tiorr Superi ntendenY, Drilling Operations Consultant / Superi ntc ndent Nlannger— P'icld Services Drilling $f Completions 1'ro fessionnl Ouv li ticntio ns: • Over 30 Years of Oil 8c Gas Experience • OSFIA I O-Flour Construction / OSI-tA 30-Hour Trained • 1-IA'l"W OPER."Trained • IADC Wcll Control • Local 787 .TIW • Pire Suppression "h'aiuing/Certified/E: M"f �d uca lion" Ore City I-ligh School Kilgore C:ollcge Fire Academy E;m nlov rn en t: Youngquist Brothers A ntero Resources Nabors Drilling C1SA 11 V✓ llnion Scone of Oualitica lions: Youngquist Brothers, LLC 15469 Pine Ridges Road Fort Myers, FL 33908 Phone (239) 489-4444 Superi n[cndent 2022 to Present Consu Iran(/ SuPm'i ntendent /Manger 2009 Yo 2022 Rig N[anager /Superintendent 1992 to 2009 Iron Worker Union Member since 1990 to Present • We;ll Drilling Design, Superintendent Overseeing 16 Drilling Rigs with Nabors Dt-illing • C:o resultant, Superintendent, Manager with Antero Resources Overseeing Drilling � Completions, Pad Conshruction Rc Environmental Cleanup • Managed Conductor Drilling 8c Cementing Operations • Core Sample Retrieval Mud Rc Reverse Air Drilling CAC? c � h �!„- � jp F - °t i\ 1 nal �S._. FtyZ�N Posit'on• Superintendent Yossngquist Brothers, LLC 15465 Pine Ridg¢ Road Fort Myers, FL 33998 Phon¢ (239) 489-4444 YOUNGOLTIST BROTHERS, L,:LC Professional O u a l i fications: • Drilling Superintendent Well Driller • OSFIA l0 1-lour Construction Education: Captain Shreve High School F.mdov men t• You ngquist Brothers, LLC Baker Flughes Reading @Bates Sco oe of Ouali fications: Jason Reed 15465 Pine Ridge Road b'o rt Myers, FL 33908 (23J)489-4444 Shreveport, Louisiana Superintendent P field Supervisor Driller • Construction and 'Pesting of Water Wells • Well Drilling � Equipment Design • Geophysical Coring • Geophysical Logging • Mechanical Integrity 'i'es[ing • C:e meeting/ Perforation • Mud Xe, Reverse Air Drilling • 1=fiberglass Casing Installation • Rig Up, Rig Down, Site Preparation • Directional Drilling • Downhole Tools • Geosleering • Rc-entry and Well Intervention • High Pressure/Hi Temp Oil and Gas Wells • I-lorizontal Drilling 2021 -Present 2003 - 2020 1997 - 2003 CAD Youagquisi Sroth¢rs, LLC 15465 Pine Ridg¢ Road �1r" r 63iw 1M Gd"" N � Fort Myers, FL 33988 N7 ��G9 •As'61 �F Phone (239) 489-4444 YOUNGOiJ78T i3 k20"CHERS. 1..LC William Steele 154fi_5 Pine 12idge Road Fort Myers, FL 33908 (239) 489-4444 Position S uperin[endcnt P rofessionaQ Oualif icatio ns: • Well Uri ller • FIA7_. W O P GR 24 • OS[-fA 30 Hour Construction • CYR dc' Pirsl Aid L"ducation- Florida Southern College 1978-'1982 Etn nlovment: Youngquist brothers, L,L.0 Superin te:.nde nt 1994 to Present Scone of Qualifications: • Construction and 'Testing of Water Wells • MuJ 8c Reverse Air Uri lling • Coring � Cor¢ Sample Ron�icval • Geophysical Logging • Mechanical Integrity '1"esting - Cernenting/P¢ri""oration • Fiberglass Casing Installation - Rig Up, Rig Uown 8r, Site Preparation • Uccp Well Acidiaation • Packer "Testing • Well Drilling .Pc Cquipment U¢sign cno FORM 3 -MATERIAL NIANOFACFURERS TIi IS FORM NIU9'I' 19E COMPLE"FED OR RID MAY RL•' DEISM b:D NON-R ILSPONSIVF.. All BiAders shall conFnn by signature thal Ihey will pmvide the manufvcturars en<t materix is outlined in ,his bid sped fications, including con,nlienue with Florida Statute 255.20 to provide lumber, timber xnd other forest products pmtluced and manufactured in the Stnte oi'1'brida as long as the price, Fitness smd quality nre equal. Hxceptions (when equals a centable) may be mgvested by c mpleting the Materinl Nlana Facturer Exception List below. If an ccplion for a mans fenturer an<I/or materiel is proposed and listed bolow and is no[ approved by Inginem�/Project M m,ega�, Bidder shall furnish the manufacturer named in the speciFcmion. Accopnu,ce of this Funn does not constitute acceptance of materiel proPoseA on this list. Com plcle m,d sign scmion A � B. Section A (Acceptande of adl n,nnul'aclures and materiels in Bid speciFcxtions) On behalf of my fine. 1 confirm that we will use aJl man,rfoeiw�ers and materials as specilically oudincd in [he Bid sped (icxtions. Company: Youngguist Brothers. LLC Signature; � Date: Oae. '14 2023 t J f 'motions anticipated at tkis time. Section B (Exception regares[ed to Rid specitications manufacmrcrs xnd materials) EXCEPTION MATf]djf1J� EXCEPTION MAN UFACTOfLER Please insert additional ragas as nmassnry. Company: Data Construction So/icitet/on Ooc rev 04452022 CAO FORM 4 - L15'f OF MAJOR SOBCONTRACTC>RS THIS FORM MUST 124:COMFLI� fFD 012 RID NfAV RL•: 1>L6 F.M GO NON-R 135FONS'1VF. The undersigneA s s dFat dtn follo.ving is a list of the Propoxed subconuactorx for ISre .nFjnr camgories outlined in the requirentenK aef the Bid speci ticntions. The undersigned auknowlcd Kos its rosponsibility for ensuring that the Subuonu�actors tier the mF,jor categories listed herein are "qus<lilied" (ax iefined in Ordinance 201 �-l1R and Seu-tinn I5 of Insln,ctiwas to Bidders) and meet all legal equiremente applie:vble to and n exxitatcd by the C'nntrac[ Documents, including, bm not limited to Proper licenses. cer[itications, registr¢tions r+nA i e envcragc. "1'he Owner r<s s the right to disqualify anY Bidder who ncl utl es non -compliant nr n •-yusli fief Subcontmcrors in itx bitl oFfeerl urther. [he Owner may direct the Suecess{ul IIidticr to remove/replaces any Subcontractor, at no additional coat to Owner, •which is found m be nrnt-com Pliant with this requirement either befcrc or aRcr the issuance of the Awar<I of Contract by n.vncr. (Anach additional sheets ¢ eMed). Further, thn mxlersigned acknowledges and agrees that Vrongnly alter the Award of Contract, and i ordm,ea with the requirements of the Contract Documents, dte SucccssfLl Bi<I <ier shall identi Fy all Subcontractors it brtevds ko u n the Prof ect. "I"he undersigned hnther ¢grew that all Subcontractors subsequently iden[iFed for any Imrhon of work on this Project must be qualified as noted above. Mnlor Category of Work Subcontractor and Address 1. Eaemdcal None AnudVut®tl MC^Chanll:¢l _ Not afMllcVatetl 'i. _ Pin 1b1 Nona Anticae[etl 4.. $ILG \V nfk NOnO Anllclpalatl s. raemity od,ar x<Fb0000-aetots ❑Fat represent more thFtn 10% of Priee nr that arr ct <hc <:ritieFa ad, nlzne xm,ednle __ You ngquist Brothers plans to self-partorm 95%+ of tha work included in [he Contract. Cempmay: sisnan,re. le: Dao.. -1 a. zozs Construction Solicilalion Doc raw 09152022 CAn ----- - PORMS-S'PA'C[:MENT Ol LXI'h:RIENCE OP'I311)DER __..,.,_ T 1-1 [S :FORM MUST' L3E COMPL E'1'11) 012 I3L) MAY 13 X� OEEMED NUN-12ES PO NSIVE/NON- RESPONS[13LL:. The C3idd cr i cqu -cd provide Floc ls) PI'4jec1 ra I'crcnces, stated below, of wh:u v ork of sim liar magnitude nnpicrod within the last li vc (5) years i_. n jadgc of its cxperienue, skill an 1 bus'inoss st«nding and of its ubil icy to conduct the work as com pl ate ly and as rapidly zls required under the mums of the Agreem enl. I. City of Hollywood Deep Injection Wells No. 3 and No. 4___-_____ (prnjc I ml ne) - - .....__— Sou[hem Regional WWTP 1621 N l4th Ava HsaUxyvspsL_EL�3D1� __ _-__.__ (project location) See Supplemental Pages_ _ .- (Pmjec[ description) Dec. 2019 /Mar. 2022 g 3]_985,]3].6] (project s�n�t/coin niction darns) (contract vnluc)- 2, SDWWTP Municipal Injection Walls SE-2 Contract No. 5-921 (project name) 8950 SW 232ntl Stra¢t, Culler Bay, FL 33190 (pr4jec[location) See Sup Ip emental PCBs (project descrip [ion) Sept. 2019 /Sept. 2021 y 25,6]3,375.82 (project scarf/completion dates) (conlrnct value) 3. Hollywood Reservation WWTP Oeep I nlection Wells ___....._............__._.__—.. ___._____ (Pro.lec[ mm�e) 2G00 North 64th Avenue, Hollywood, FL 33024 (project location) See Supple mental Pages __ __,_ (project aeso[;neon) Feb. 2017 /June 2018 g Confidential (project starVwmpWtion dates) (conumu value) City of Hollywood __ _ __ ___ (urn) et e.yner) 1621 N. 14th Ava _Holl�rwood, FL 33020 (Owner's xAAress) Fang (Jeff) Jiang sr. Project Manager -.. _.....--___. ._.— title (Owner's �uaet Pvrso ) ( ) 954-921-3930 FJiang@HollywoodF L.org _ (nhonej <emaiq Miami Dade Water 8. Sewer Department (prnieot myner) 3071 SW 38th Ave, Miami, _— FL 33146 _— (Owner s address).....—__ � Or. Vir flinia Walsh, P.G., Ph.p. Cher Hydrogeolo �y Tech_al_Servica Division __ __ ((]wner's contact nmson) (Lille) 786-552-8266 Virginia.WalshCt�Miamioade.gov (phone) (email) Seminole Tribe of Florida (pr jectowner) 6300 Stirling Road, Hollywood, FL 33024 (Owner s address) Oiredor or Public Emran Raha man works oeot _ (Owners conaacl person) (title) fl59-UB9-1 BfiO Epn, tBB23 EmranRxhHmanQSamTnbe.com (p none) (cmaip Consfructlon So/icita(ion Ooc rev 04'152022 Lnp 1>oarvt s - sTnz'r lar(vz' orr ex Pcarr•.Ivcr or ai oocix � 4. Manatee County Piney Point jJac[ion Wall PrJact __. (P ieot „�.�;;�� 3'I.OS Buckeye Roatl, Palmetto, FL 342'IO (Iprojees I �.a[io[p See Supplemental Pac,�as r Prnj=oi AezeriPtioo) Manatee County p>rojcot o.ynerl 'I'112 Manatee Avanua West Bratlenton, FL 34205 ((>wnes'v atldress) Jeff Goodwin oaPnry clrecwr. unruos K)wncr's conuJc[ Poison) ([idol May 2021 /Feb. 2023 y e 888,377.74 94'I 792-88�'I Jarr.Gootlwio@MyManatea.org __. _- _._._ —._. _.__ __ ...._ __ —_ unaip (P�'�J,jecl comleleiion Aa[c) (avuract value) (phone) .(• 5. Deep Injection Wall for COIIIer County Lantlf 11 G`olller C;oun[y Solitl S. Hazartlous Westa Management l Project name) (Project owner) 3730 White Lake Blvd Naples, FL 34'I'17 3295 Tamiami Tr E., Naples, FL 34t i 2 (Vrojec[ location) � (Owner s e¢Idrass) _-- ._ See Supplemental Pages Paul Abbott _ Pro/ec[ ana�er (Project Acscription) -—�-��- (owner's con[ac� person) (title) November 20'19 -May 2021 � 6,251,545.37 .239-252-5347 _ PauLAbbott@C011ierCou nlyFLgov (I>r jee[ completion Aa[::) (contract value) (Phone) Camxiq ._— Dec. 14, 2023 Constrtrc(ion So/icira(lon Doc rev 04>52022 (-]Ar) Project Name: City of Hollywood Deep Injection Wells No. 3 and No. 4 U I C P erm it #: 156419-008-009- V C/1X Project Scope: This project consisted of (2) VIC Class 1 Injection Wells ffi (1) Dual Zone Monitoring Well. On IW-3, the 3(i" final steel casing was set at 2,549' bls, with the 24" FRP tubing set at 2,828' his; IW-3 was drilled to a total depth of 3,500' bls. On IW-4, the 36" final steel casing was set at 2,860' bls, with the 24" FRP tubing set a[ 2,840' bis; IW-4 was drilled to a total depth of 3,602' bls. The Dual Zone Monitoring Well (DZM W-2) had 16" final steel casing set at 1,227' 61s, with 6.625" FRP set at 1,545' bls; DZMW-2 was drilled to a total depth of 1,626' bls before being plugged back to 1,693' 61s. Capacity: The maximum permitted capacity will not exceed 19.92 million gallons per day, per the pe nnit. Project Duration: 828 Days (March 2022 Final Acceptance) Original Contract Amount: $39,939,939.00 Project Cost: $37,985,737.57 Percentage of Work Performed by YB: 99°h+ Contact Inform orlon: Owner: City of Hollywood Address: 1621 N. 14`� Avenue, Hollywood, FL 33020 Name: Feng (Jeff) Jiang Phone #: 964-921-3930 Email Address: FJ is ng@HollYwood FL.org Consultant: McNabb Hyd rogeologic Consulting Name: David McNabb, PG Phone #: 561-623-5468 Email Address: David@McNabb Hyd roConsultcom CAO a ��: �� Y � / f2 Project Nam¢: South District Wastewater Treatment Plant Municipal Injection Wells SE-2 (Contract No. 5-921) UIC Permit #: 061787-043-046-UC/1M Project Scope: The aforem entianed project consisted of constructing (3) UIC Class I Injection Wells (IW-18, IW-19 and IW-20). On IW-18, the 24" final steel casing was set at 2,420' bis, with the total depth of <he well finishing at 3,242' bis. On IW-19, the 24" final steel casing was set at 2,430' bis, with the total depth of the well finishing at 3,206' bis. On IW-20, the 24" final steel casing was set at 2,420' bis, with the total depth of the well finishing at 3,200' bis. Capacity: The maximum permitted capacity will not exceed 18.65 million gallons per day, per the permit. Project Duratlo n: 747 Days (September 2021 Final Completion) Original Contract Amount: $28,925,902.90 Project Cost: 525,673,375.82 Percentage of Worlc Performed by YB: 99%+ Contact Information: Owner: Miami -Dade Water and Sewer Department Address: 3071 SW 38th Ave, Miami, FL 33146 Name: Dr. Virginia Walsh, P.G., Ph. D. Phone #: 786-552-8266 Email Address: Virginia.Walsh@MlamiDad e.gov Consultant: Stantec Name: Neil Johnson, P.G., P.M.P. Phone f!: 561-229-1862 Email Address: NeiLJoh nson@Staniec.com CAS ;�_ �Refecence #3� Project Name: HoIlYwood Reservation Wastewater Treatment Plant Deep Injection Welts V IC Pe unit #: SEA0001 Project Scope: The aforementioned project consisted of constructing (2) UIC Class I Injection Wells (IW-1 and IW-2) and (1) Dual Zone Monitor Well (DZMW-1). On IW-1, the 24" final steel casing was set at 2,920' bls, with 16" FRP set at 2,910' bls (cemented annulus). The total depth of IW-1 finished at 3,501' bls. On IW-2, the 24" final steel casing was set at 3,000' bls, with 16" FRP set at 2,990' bls (cemented annulus). The total depth of IW-2 finished at 3,503' bls. On DZMW-1, the final 16" steel casing was set at 1,600' bls, with 6.626" FRP sex at 1,770' bls. The bottom of the upper zone landed at 1,529' bls, and the lower zone had a total depth of 1,810' bls. Capacity: The maximum permitted capacity will not exceed 8.87 million gallons per day, per the permit. Project Ouratlon: February 2017 —June 2018 Original Contract Amount: Confidential Project Cast: Co nfid en Ual Percentage of Work Performed by VB: 99%+ Contact Information: Owner: Seminole Tribe of Florida Address: 6300 Stirling Road, Hollywood, FL 33024 _ Name: Emran Rahaman Phone p: 964-894-1060 Ext. 10923 Email Address: Emran Rahaman@Se mTribe.com Consultant: Hazen and Sawyer Name: Michael Wengre novich, P.E. Phone #: 954-987-0066 Email Address: MWengrenovich@HazenAndSa wyer.com C /A� ,Y®UNGU®S'�') R.ef.ere;n ce #4i' Project Name: Manatee County Piney Point Injection Well Project UIC Permit #: 0322708-002-UC/11 Project Scope: The aforementioned project consisted of constructing (1) UIC Class I Injection Well (IW-1) and (1) Dual Zone Monitor Well (OZM W-1). On IW-1, the 20" final steel casing was set at 1,933' bls, with 11.75" FRP set at 1,930' bls (cemented annulus). The total depth of IW-1 finished at 3,400' bis. On DZM W-1, the final 16" steel casing was set at 580' bis, wtth 6.626" PRP set at 913' bls. The bottom of the upper zone landed at 623" bls, and the lower zone had a total depth of 939' bls. Capacity: The maximum permitted capacity will not exceed 4.05 million gallons per day, per the permit. Project Ouratio n: May 2021 —February 2023 Original Go retract Amount: $9,350,OOO.00 Project Cost: $8,888,377.74 Percentage of Work Performed by VB: 99%+ Contact Information: Owner: Manatee County Government Utilities Department Address: 1112 Manatee Avenue West Bradenton, FL 34205 Name: Jeff Goodwin Phone #: 941-792-8811 Email Address: Jeff.Goodwin@MyManatee.org - Consultant ASRus, LLC Name: Pete Larkin Phone #: 813-382-5516 Email Address: PLarkin@ARSus.net (t At7 Project Name: Deep Injection Well for Collier County La nditll UIC Permit #: 342558-001-UC/11 Project Scope: The aforerne olio ned project consisted of constructing (1) UIC Class I Injection Well (IW-i) and (1) Dual 7.one Monitor Well (DZM W-1). On IW-1, the 20" final steel casing was set at 2,226' bls, with 9.626" FRP set at 2,215" bls (cemented annulus). The total depth of IW-1 finished at 2,900' bls. On DZM W-1, the final 16" steel casing was set at 1,056' bls, with 6.625" FRP set at 1,338' bls. The bottom of the upper zone landed at 1,132' bis, and the lower zone had a total depth of 1,549' bls. Capacity: The rnaxlmum permitted capacity will not exceed 2.17 million gallons per day during normal operation, per the permit. Project Duration: November 2019 —May 2021 Original Contract Amount: $6,788,782.00 Project Cost: $6,281,545.37 Percentage of Work Performed by YB: 99^^/a+ Contact Information: Owner: Collier County Solid 8< Hazardous Waste. Management Address: 3295 Tamiami Tr E., Naples, FL 34112 Name: Paul Abbott Phone #: 239- 252-5347 Email Address: Paul.Abbott@CollierCountyFL.gov Consultant: AECOM Name: Vivek Kamath, PE PFione #: 305-790-5g29 Email Address: Vik.Kamath@AECOM.com CAU FORMG-TRENCH SAFE'rV ACT ___ 'I'li [S PORM N[US"P 6E COMYL.ETED OR 131U MA}' BE UEEMED NON-RESPONSI V/:. Bidder ncknowletlges that inclu<letl i r the various items of the bid and in the Total BiA Price are costs For complying wish the Fbritla "french SaF ty Act (90-9G, Laws ofPbrida) efF dive October 1, 19<JO. 'fhc bidder f srthcr identifies the cast to ha summarized below: "frcnc6 Sal'cry Units of lJnit Unit BxtondeJ Cost Measure Nloasure i<Z_SISyl Cos[ Simple Slope LF 50' $5 _ $250.00 2. 3. 4, 5. TOTAL 3 250.00 C<rin Pany: Signature: c, '14 2023 ConsfrocHon So/icita[ion Ooc rev 04152022 �'AL> CORM 7 - RI D ROND "fi114 FORM MUST' 13F C1OMPLLr+"fRD OI2 131D MAl' 6F, DF. F_M I?O NON-RRSPONSIVE/NON- I2F_4PONi3RLF: KNOW ALL NIRN I3Y l'11 [i'.S li P12GS8NT5, Uaat _vuu�n _gwal srolners. LLC (herein aflcr ualled� the Principap and Aaanl[e �lv Inxu u company (herein cslled the; SuregQ, > corporation chartered and a%fisting undCr Ifie laws Of the Stale nl' .(_Jg�yLgrk _with its Principal ofliceS In the city uf_ PlYmoutM1: MN __ n<I authorized Lo do business in Ihu Slate of Floaea <: held turd Clmlly bound onto tbp FaColller Courtly Doartl pr Courtly Commissioners — __ (hcl'C in¢f10f Cnlled the Owner), in 16c f dl and just rum _ _ 5_%TAB __ A and lawfad moot f [lf _ Flye P¢r{gnl of Total,Amounl Bltl Aollars ($ _ __ )goo Y O the (/oiled Smlcs of America, m be rnid uron demnnA of the Owner, la which paYlnent well and truly to be made, the Principal and Ibe Surety bind Ihemsch+cs, their heirs, and cKUpulOr5, adminislrntors, and a, signs. jointly and scver:dly m>d firn>ly by these presents. Whereas, the Principal is abom to submit, or has subnlincd to the C>wneq a k3id f r famishing all labor, maerials, c<Nirment and i cidenlalx n ary to furnish, install, and Rllly c all>Ime the Work on Iha Project known as 13id No. 23-R W I Northeast Wnmr Reclamation Facility and Water T'reFttnlent 1'lam Decp Infection Wells NOW, Ti113RII=ORf if the Owner shall acccPt ahe C3 id oi'lh[: PRINCIPAL, and lbC PRINCIPAL shall enter into the rcyuirad ASrcemem with rho C>\Vllcr And within tell AuYs aRcr rho dole Offl wriuen Notice of Award In accordance wills the Icons of such 13 id, and give such bond nr ba>ndx in nn amount of I ti0 % the mtal Contract Amowat us specified in the l3 idling Docannenls or (.bnLacl Documents with good and soft ipiavl surety f<>r the liaithtid pmYbrmance of the Agl'ppmem nA f r Jae prolnpl Paynaem nr labor, materials m>d suDPlics Turn fished in tlac Pmsccvlion thereof or, in 11aC event Of the failure of the PI21NC11>AL, to enter into such A&treement or to give such bond or bonds, and deliver m Owoer the reyuircd ertilicales of insurnn<c, iftha PRINCIPAL sbzdl ray to the Ol31JG1iIT, the lisc[I sum of$ 5%TA6 noted above as liypidatcd damages, cvnd not tax n pcnahy, as provided in the 13idding Documm�l_5, Ihrn U>is obligalinn xhall be null and void, otherwise l0 remain in full tome and effect. IN '1'L:S'1'IMONY '1'hcraol', the Princil>lal anal Surety hvve enured these presmux to be duly signed and sealed this 2tel day of JmY ___,2U23. I3Y Countersigned AppoinlCd Producing Aga^.nl for AwiSum LLC tlba 11 ... rrineiPal (ScaH Surely (Sena ��-��t� . , , . KNOW ALL MEN BV THCSG PRESENTS, that ATLANTIC SPECIALTY INSURANCE C(JMPANY, a New Ywk empomaian witla ids prinelpal or(Iee In PlymoulM1, Mllnnesnm, Joes M1ertby cm[sumte anU appnine Brook T. Snal(la, lames T. Smith. Raymonal M. Handley, Jason D. CramwelL ]trace H. Marakb Deborah 3. Neletater, Michele D. Lacrossq each IndNidmlly If there be more than one name4 lu a<ue and lawful Aunmcy-Ln Faca. w make, execwG sent nn[I tlellveq for antl on In behalf as snmiY, anY and nil boosts, recugulunaas, cantrncta of InJemni[Y. antl all orher wri[ings o1a11gntorY in the naiuru akenrL Prnvidad that no band or undennkmg executed urWer (his auaharlty shnll exceetl in anroam (he sum oL unllmf(ed and rM1e executio^ o[ such bands, recoX^iza^cos, contracts of indemnity, and nil o«aer wrlJngs abllgarory In aloe nature thereof L� pursuance of �M1ase presents, shall be as binding upon said Company as If aM1ey M1ad been fully elgned by an :mrhodzeU ofFlcer of she Company and sealed wRh the Company sea I. 'this P u( Anorney is made and executed by auahocky of the follawhag resolmions adopmd by the BoaaN of Olracmra a[ ATLAMIC SPECIALTY INSURANCE COMPANY un abe twenty-flfUa dry oI geptembeq 2012: RezolrM: Thm rM1e President. any geniur Vico President or V Ice-PmWem (eacE an "Aualawimd Officci 9 naay execum far and In behalf of the Company any and all bands, recagnlzances, con(racls of Imlemniay, and all other writings abllgarory in aka namrc thereof, mttl attire she seal of [M1e Comparyy thereto: and that Um AUJmrtzed Offices may aVPoina anU awbnvize an Aunrney-In-Fact to exttum on behalf of Ne Coanpnny any antl all sucM1 Inswmenaa and ao aftlx the Company eat daamm; and aka [M1e Amhm'ized O(licnr maY a( anY time remove anY sucM1 NmrneY-in-Pact anal rwoke all power anal aulhorltY gWm to anY soda AuwneY-In- Facl. ResolveU: l'hollhe Auomey-In-Fx-t may be given full passer antl authority m uxecn[e fov and In lMa name anJ no bcholf of aM Company any and all bonds, eognizanca, contvacaa of indemnity. and all o�M1er writings nbllgamry in she naaurc ahcaeaf, nntl m}y such Inatmmenl executM lay any such Altamey-Io-Fact ahnll be ns binding upon Ne CompanY as If slgnM antl scaled by an Authorised Officm and. NrUmr, the AuorneY-In-Fact Is OerchY awhwlxcU m verify any afltlaYr re9uhed m ba auaeM1¢U (a buotls, nmgnixanws, contracts of indemnity. and all other writings obllgatorY In she naaurc (hereof. 'Phis Power of atomcy Is signeU an« sealeJ by facsimile under Ibe au«tarLLy o[ iha fallowing Resnlutian aabpted by the Board of Direcmrs of ATLANTIC SPECIALTY INSURANCR CUMPANY on [hu hvanly-ff Flb My o[ Scptembe4 2U32: Resolved Thal the slgnaa w'e or nn Auaborixetl Officer, she algnalure of lha Secmaary ar lbe Assistant Sen'crary. antl 1Ee C:nnipanY coal may be arRzed by (.uzbnllu m any puwerof auorneY ur to any ceniRcam rclatlnB lh^rcb aPPoln«ng an NlomeY-in-Goer far Purposes mdY of executing anJ sealing any hon«, un«enaking, mcognixance oe other wrluen olallSatlon in the nature tkerenf, an« any such slgam[ure an« zeal whcic su uflM, being hurcby aalopneJ by ake Company s tlu• m'igiwl slgmwrc of such oRlcar anal «m odginnl sesl of Jre Gompnny, m be vnlitl anJ bin<IInS upon the Company w{tM1 rM1e same force antl effett ax thougM1 mammllY nfflxeU. 1N WLTNg33 WHEREOF. ATLANTIC SPECIALTY lN3UP.ANCE COMPANY has <aasM tlmse prosenas to be slgnaJ lay an Aulhorlr.M Clfflcer and (M1e seal o(ahe Company to be affixed Ihfx Iwenay-sevenak Jay of ApYI. 3020. �.�:a�i+rnna�E'o `'SEAL '�^� 1886 rap By STATE OF MINNESOTA jY d apJ r Vaal J. Bmbna, SeNar Vice Peesldenl )1EN NEPIN COUNTY '4 ,.,..,,.... On tNs laventy-seventh day of April, 2(12(1. bolore me persnnMly came Pnul J. BmM1m. Senior Vice VmslJenl of ATLANT]C .y`PEOI/ALTV INSURANCE a'.UMPANY. [o me perxnnMly known to be the Indlvldual anJ offlcm' Jescrlbed In anJ who ezecmM she preceJing InzuximenL anJ ha acknowleJ6M Uae exacution of the same. and being by me duly swony that he 45 tha mid a(6cw of she Company aforesaid, antl Ikal lha seal affixed u. the prccetling inslrtunenl is Ne aunt of said CmnpanY and lkat tM sa1J aaal antl the sigromre as sneM1 ufOnv was July arRzed an1. 2028 Nnwry Public . rM1e undmig�nN, Sttrclory a! ATLANTIC SPBCtALI'Y IN.S'U RANCE COMPAN V, a New Yurk Comuiatlun, Ja hereby can'ti(y that Tc foregoing power of attorney Ix in full brce antl has not beau revuk¢d, and Ibe resalvUu forth elaove are now In fotte. /� SG s ael SlgneJ anJ scaled. Oate-"f ,lam_=.�i`�a�-.-�-. Kara Barrow, Secmlary Please dime bond venflcations b GORM'S-INSURANCE AND BONDING f2EQU[REMENTS __ The Vendor shall u[ its own expense, envy and mninmin insurance coverage From rosponsible companies Auly authorieeA to Ao business in the State of Florida asset forth (n FOI1M 8 ufth is solicitation. 'ihe Vendor shaft procure xv,d maintain property insuran<e upon the m,tire pmjecq if requiro<I, to the iblf in�urabla value of tM1e scope of work. "ihe County and the Vendor w against ewb other and [he C'ounty'x separate Vendors, Conhnetors, Design Consu lta nq Subcmv r,orors, agents and employees of each anA all ofthem, all Aanwges covered by property insurance provided hcreiu, except suoh rights as day cony have m [he proceeds of such in ranee. The VenAor anA County shall, where appropriate, requires nilnr waivers of'subixigntiw, liom the C;ounty'ssseparate Vendors, Design Clonsultnn[s and Subcontractors anA shall trequire each of them to inclu<fe similar waivers in [heir conu�nc[s. Collier County sM1all be responsible f r purchasing anA maintaining its awn liability insumnco. Certi Eicates issued ns to result of the awm�d oFthis solicitation must identify "1°or any and all'work pert nnaA on b¢hnlf of Collier County', or. the spc-cific solicitatim, number and title. "fhe General Liability Policy provided by Vendor to n cat the rcyuirements of [his solicitation shall nv.ne Collier County, Florida, o an udtlitinnnl insureA ns m the uparations pF VenAor under d>is solicitation and shall contain a aeyernbaitr nramtareav pmyiaions. The Certi fica[c Holder shall he nameA ns Collier County board of L'oun[y C:onvnissioners, Oli, Board of C:ovnty Commissioners in Collier County, OR Collier County Govmnmenq OR Collier Cmurty. TM10 CertiBcntes of lnxnrnnce st state [he Cm,traci Numboq or project Nam ner, or specific Pr jeer Aescri Ptim,, or must read: For any and all work performed on bchnlFof Coll ier Cmnry. Then rots sn<i types of inswvnce cove -rag<; shall conform to then ¢quiremcn[s sat fortM1 in FORM 9 wifh m¢ a oaF n,aman¢a s¢r-.i¢ax ofro¢ oso) r rns ant aoaoraamanes onn,ei� ¢q<,walan[s. re v¢naor hnx nor %=re- 1cd retentions or deductibles under troy of the below IisteA minimum required c rage, Vendor must iAentily on ticea Certi Ficate of Insurance the nature mad rot of suoh snPF- i ured retemims or deductibles and provide satisfactory evidence oFfinnncial responsibility Fo asuch obligations. All self=insured retentions or deductibles will be Vendor's solo responsil ility. Coveragc.(� shall be maintained without interruption From the dace of convncncem¢nt of rho Work until the Aaw of completion and neceptanco of the scope al -work M1y the County ur as speciticd in llvis solicitation„ whichever is longer. The Vendor untl/or its i e enn�ier shall provide thirty (30) toys written notice co the County of policy cellation o - wal on the pan of the is urance c r the Vcndnr. 'f he Vendor s),all also nntify the C:ountY, is n like �n�n:tvcn within twenty-F ur (24)+how�s aRer raceipq oY any notices oY axP iration, cancellation, nou- ra+ewal o ,atonal change is rage or limits r¢ ved by Vendor from its i, anA no[h ing contained herein shall relieve Vendor of this requirement to provide notice. In the avant of e, redu¢ticn in the aggr¢gulc limit o'F any policy to be Provided M1y Vendor hereunder, Van<for shall immediately take steps to have the aggrngate limit rm nstated to the full extent Parm itlN undm'such Policy. SM1puW at any lime the Vendor no[ maintain the insurance coverageu required herein, the County may term loot¢ the Agreement o n[ its sole discretion shall ba autM1orizeA to purohaae s mh v< raKoS?7 and charge the VenAor for such raKef31 purchnscA. If' Vendor fails to reimburse the County Forasuch cost within thirty (30) days otter den,nnA, tl�e County M1as [he right to oft§et these costs from any amount dme Vendor undw� this Agrecnen[ or any other agramnant between dw county anA Vandor. 'ihe County shall be under no obltgatinn to purchnac such insurance, n r shall it he responsible for the wverage(� purchased or rho is m VanY o meanies usetl. The Recision of the County to purchase ouch i urance coveraget� xhvll In noa'way be <.onx[rucd to be a warvcr of any of its rights under the Contrsct Uomuncntsns f Ftha initial m' .my subsegvenily issued CGo'ti ti<;me of Insurance expires prior to the complelii>n of the scope nF work, [he Vendor shall furnish to the County r wal o replacement Certi tica[e(s) of Insurance not later thaw ten (10) calenAar days atYer the expiration date on,ihc ccrtifica:e. Failure of the V¢n<1or [c provitl¢ ibe County with such renewal «nin¢am(s) sl.<al n¢ ¢onaiaar¢d jnst3 ficadmn ror me conmy w mr„inn[¢ any ana au ¢<onnn¢ts. CAO Collier County Florida Insurance mtd Aonding Requirements tnxmnnce / Rood 9`yp; 2equircd•Limits 1. � Worker's Cam >ensation OI>a ter d4U and all Federal 4'ovemmenl $Lntutoi Limits of Florida Stnnnes, V Sb>Ivtory Limits and Iiequi rcmen[s Eviticnce of Warkers' Compenxation c �ege or a Certificate of Exen>Ption issued by the State of Florida is requ Trod. P_ntities that arc formed as Sole Proprietorsfiips shall not be required w Provide u proof o('exemp[ion. An apPlicntim> For uzcmptbn can be obtain«I online nt 1 �// fldf /b > t/ _. ®L'mpbyer's Liability $_I,000,000_single limit Per occurrence 3. ®Commercial General Bodily Injury and Property Oamnge L.iabiliry (Oecun�ence Porn>) Patterned aRer the F_2,OOQ000 Ingle lin>Lt Pw. occ[ rrence, $3,000,UQU xggrega[¢ Yar Bodily Injury curr¢nt l50 fc>nn L,iabiliry and Property Damage Liability. The General Aggregate Limit $hall he endorxed to apply De>' project. This shall nclude Premises and OPeratimss; Intlepcndant Canlractors; Products and Complet¢d Operations and Cnntractuel Liability. d. ®OtdemniFcation '1'o the maximwn extent perm iltcd 1>y 6'loridx Ixw, the Contractor/V nndor shall defend, indemni Fy and hold hnnnless Collier County, its of£¢crs and a>m Ployeas from my and all liabili tics, tlamag¢x, losses and wets, incluAing, but not limited to, easonab le attorneys' fees and Pa ralegnls' Pecs, to the extent causetl by the negligencq <cklassness. or intentionally wrongfatl conduct of the Contractor/ Vendor or nnyon¢ wnPloyctl or uti lied by the Cuntrncnor/Vantlor in the per£orrnance of this ASraemmn. 5. � Automobile Liability $ 1,000,00U Bsmh Occurrence; Bodily Injury � Property L>amagu; Owned/iVon owned/Hirctl: Automobii¢ Included 6. [� O[h¢r p>surana.¢ as � Umbrella/Fxcexs Policy $ 5,000,000 Per Ocmm'ence noted: � United Stites 1_ongshoramnn's and Harborworkor's Act coverage shall be mvu>tained where sspplicable to the cam Pletion of the work. $ Per Occurrence � Maritime Coventga Clones Act) shall be maintained whare npplivabla to the completion of the work. $ Per Occurrence � Aircraft l,iobility c erase shall bo parried in limits of not Iess than $5,000,000 each occuvence ifnppH able to the completion of the Services unda'th is Agreement. $ Per Oocurrcnce ® Pailu[ion $ 2,000,000 Per Ocwrrnnce YroF¢ssional L.iabiliry $ Per claim Xe in [he aggregate Q P Jac[ Rof¢ssianxl Liability $ ___ Per Occan'rence (] Valuable Papers Insurance $ _ P¢r Occun'ancc � Cyb¢r Liability A Per Occurrence O Technology Errors Ne Omissions 5 Per Occurrence c'AO y. � Ai<1 band Shall bC submitted with proposal response in the Foml of rertitied funds, cashiers' check or en irrevocable letter of creel iq a cveh Fond Iwstetl with the County Clerk, or proposal bond W a sum equal ao Sy ol'the cost Pnlposal. All Checks shall be made payoble to the Collier county Aoard of County Commissioners on a bank or trust mpAnY located in the State of Florida and insured by rho FederAl Uaposit tnsurunce Corporation. 8. ®Par£ormance and Pm' Pr<Jecls in exc¢s of :62 W,000, bands shall be submitted with [he Cxecu[CJ PAY^lent bands Cantnwt hY Proposers r ce ving award, auA written fnr IDO^/o of the Contmcl xwnrd Amount, the cost bornadly the Proposer r ing a flrd. The Perfa>rnlance and Payment Uonds shall be underwritten by fl rety autho ized to do business i l the Smte of Florida and ochcrwis¢ n ceptable to Uwner; providc<I, however, the s rety shflll be rxt¢d a "A--" >r better As to general policy holders rating And CIAss aV < higher rating Asses financial sine camgo,y mld the Amount required sh All not exceed Sy, of the reporwd policy holders' urplus, all a repo.Ked in tho must cu ¢nt A¢st Key 12a[ing Guide, published by A.M. f3usl Compony, Inc. of 95 Fulton Strroaq New Park. Ne+v Vork 1003R. 9. ® Vendor sM1al1 e e IhflC all su bcontrnctc rs comply with fhc s e insmn ncc roquirements that he is required [o meet. Tha same Vendor shall p,vvide C'ou my with certiflcatestlaf insurance meeting the required insmvnce provisions. 10. ® Collier County mast be named as "AU UI'i'iO NAI., INSLRi F.U" �on the Insnrflncc C:ertiflcate for Cum marcial Cleveml Liability wherC required. "this insunmce shall be primary and non-contributory with r¢spect to any other insurance n intained I>y, or availAAle fix the beneFt oF, the Additional Insured noel the Vendor's policy shnll be endorsed accordingly. 11. ® "fbe Certificate Holder shall be n tad as Collier County board of County Commissioners, Oli, Boxtrcl of County Commissioners in Coilim� County, O12. Collier County Gavenunwlt, OR Collier County. Th¢ Certificates oY Insurance must stale the Contract Number, or Project Number, or xpecitic Proiecl description, or must read: Por rally anA all work performed on behalF OC Collier County. 12. ® On nll certifirn Cas, the Cartificn to Voider must read: Collier County Aoard of Commissioners, 3295 "Pamiami'frail Aasq NAVIes, FL. 34112 13. ® "I'hhTy (30) 1>nys CaneellatMn Notice required. 14. Collier County shall procure and maininin Auiltlers Risk Insurflnec on all construction Vrojcets where it is deemed smy. Such covunge shall be endorsed to c er the interests of Cullim� County As wall fls the Contractor. Premiums shflll be billed to th¢ project and [he Contractor WAII not include Auilders Risk premiums in its Vrojeci proposal or project billings. All questions raganiing Auilder's Risk insu ranee will be addressed by the Collier Gnmty rusk Managemem Division. GG — 5/3Y23 Vendor's Insurance Accap<ancc Ay submission of the bi<I Vendor x uepts and understands the i lc rcquirernents of these speciPcn[ions and that the evidence oP i rabilify may he rcyufred within five (s) daysr of than aM of this solieitA[ion. The insuranw s a.brnlued to ust provide coverage For a nununom of six (d) months from the date of Awnrd. Dec, '14 2023 coo INSURANCE/SURETY BUNS J®HNSt)iV (JC COMP7aNY December t3th 2023 Collier Doun[y Board of Commissioners 3295 Tamiami Trail East Naples, FL 34 t t 2 a r'.: Yowtgquist Brothers 1-.I-.0 Project Northeast Water Reclamation Facility/ Water Treatment Plant Deep Injection Walls, BID NO. 23-8t4t "I'o whom if stay concern: With regard Co the captioned project- Youngquist Brothers LLC will be in full Compliance of all hasurance I2asy uirements as outlined in the specifications, it a wssrded the captioned project. [f you have airy 'further qurstio ns regarding dtis account, plestsa feel free to contact our ofticc. Very n-uly yours, (� �1O�GxQ asv Chris Ioh son Agent CAO Ac' o® CERTIFICATE OF LIABILITY INSURANCE ";Z�pg2g�3 � THIS CERTIFICATE 13139U E0 A3 q MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOEft. TM19 CERTIFICATE DOES NOT AFPIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH13 CERTIFICATE OF INSURANCE GOES NOT CON3TIT VTE A CONTRACT BETWEEN THE ISSUING INSURER(3). AUTNORIZEO REPRESENTATIVE OR PRODV CER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the mrtlfice[o hcltler le en ADDITIONAL INSURED, <he pollcy(los) mawt have ADDITIONAL INSURED proYlelons or ba antlorsetl. If SUBROGATION 13 WAIVED, subject to the tornro and condltiona o! the policy, cOrtaln pollclea may reyulra an entloraoment A a4ltoman[ on th18 COrtificato tloaA nOf eOnler rl hta to the eartifleita L101dar In Ilou of A mh m and0 anger). JOMson 5 CampnnY BO I N O/angc• goanue E'fYn Contllin PH2: yo__E�. G10p) OA3-i120 (9O]j 843-6]T2 TAII Ontllin®joM1nsonantlCOmpeny.nel ERI9a __ 9Wte5 Orlantic0 FI. 92801 TM1e Con antal lnOumnoe CampenY 36289 sUaeV MarkelAma/Itfln In ¢Company 2B932 Youn09ulsl Bmthe/s. LLC Oil And Caas 60rvlea Epulpmenl. LLC _____ t 5985 PINE RIDGE ROAD su FORT h1YER3 9900 ;CL20108otT09A COVERAGES CERTIFICATE NUMBERL REVI91ON NUMBER: YTHgI-141E POLICIES OF IN3VRANCE LI6TEO BELOW HAVE OEEN ISBUEO I'O THE INSUREV NnM FOR THE P.VVCY PERIOO INOICATEOCNOTWI'1'IISTANUIHG ANY REQUIREMENT, TERM OITION OFANY CONTRACT OR OTHER OOC VMENT N9TH RESPECT TO VVHIClI'rH15 GC-RTIGICPTE MqY BI'133VED OR MAY PERTAIN. THE INBVRANCE AFFORDED BY THEP CIE6 OE8GRIBED HERF_IN 168VBJECT'fO ALL THETERM3. E XCLVSION3 ANO CONOITION6 OF 6V GM POLICIES. LIMITS SHOWN MPY HAVE BEEN REOVCEO BV pAIU CLAIMS. X c rsclnl.OE ILIr A LOOD,000 - t00.00 OX OVCua - 5 1b.000 X XCV Coaa age lntluded q U'L ]090tT990B ll/Ot/2023 it/Ol/202Y x CantfACW 01 5 1.000.000 2.000.000 A IHmployAo BOnaBb 1.000.000 n ILITv a t.000.000 Y (w/ punonl vlw/weneeml AwOi A + -� � Tas ONLv X P4 � N � BUA ]090 tT9802 lt/Ol/2023 tt/Dl/202V r PIP 5 10.000 X V aaE _ x o - s l O 000.000 q CV E ]0901]0911 11/01/2023 1/01/2020 O OO D,000 ;�YIfE�ryE 9H RIExC1.WEnT uTIV O B Contrartofs EgVlpmanlCN MKLM41M0063fl11 11/DiM023 it/01/202< Laesetl And Ranletl STSO,000 6CaIPnONm OFeRnnONR nrpNe/vsweLea pcORo lol. AtleYlenY Nmv/as aeneB�+m.my u�aaecluu nmerA �p�a�la mpmma] CERTIFICATE HOLDER CANCELLATION B HOYLO ANY OF THE PBOVE OESCRIB@O POLICIES BE CANC@LLEO BEFORE ATION OpTE THEREOF NOTI<E WILL BE OELNEREO IN F'ridenca of Covera9B ACCORDANCE WITH THE POLICY PROVI91ONS. THOnImo RE VRESENTwTYe ®t9HB-ZOIb AGVKU a.V revvrcnllUn. nn ngnw raaorvoo. ACORD 26 f2016/03) Th0 AGORD name antl logo Bra r091a laratl marker of ACORD �A �� -`tc'OR� CERTIFICATE OF LIABILITY INSURANCE w' IMM�aDr.-.�.�.1 p'10/30/2023 THIS CERTIFICATE IH 13HUED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RIG HTB UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMAI"IVELY OR NEOATIVELV AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH13 CERTIFICATE OF INBU RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN3URER(3). AUTHORIZED REPRESENTATIVE Oft PRODUCER. ANO THE CERTIFICATE HOLDER. IMPORTANT; 1! tbo aortificato Foltler is an ADDITIONAL INS UREA [M1s pollayQa¢) moat Ue andor¢ad. If SUBROGATION 13 WAIVED, subject to tba tarma and condltlona of tba policy, cartaln polldea may requlra an antlor¢emanl A statement on [M1ls oortlflcate dooa not confer right¢ [o [Fe artlncata holder In Ilou of s cb endorsamant(s). c u RRoouean 239-660-4306 Fox Insurance, LLC 6606 Banyan Bay Bivtl NemHE.___ELLEN FOX,_,_... _.—__.._..._ _ ��,tla, B.D 239=560-4306 ___.__�Ie/g,na� _.-- sling€.as:_ellen�toxinsurancellc.com_ _ Fort Myers, Fbrida, 33908 «¢D L) RD:« __ Nwro a - � ER — �afetY-.N�I140c1 � 11Y�QCRAt2ltlon 6'106 m¢uneD 239-469-4444 Fax: 239-489-46A5 maunea_e...................._._—.____.._...—_—_---------- —uaeRc_____ -- ----- YOUNGOUIST BROTHERS, LLC _......._...._.._—__ :«a t6466 Pine Rltlge Roatl _ ._—.___. __ —__ r__ _____ _ Fort Myers, FL 33908-wsuagg ____ 'ry en F: COVERg GES CERTIFICATE NUMBER: REVISION NUMBER: TF113 INDICATED. CER'NFICATE E%CLt1310NS IS' TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REOUIREMENI', MAY BE 13HUED OR MAY PERTAIN. AND CONDITIONS OF SUCH POLICIES. LISTED DELOW HAVE aBEN 135VED TO THE IN3VRED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VJNICH TH13 THE INHVRANCE AFFORDED BV THE POUpES DESCRIBED HEREIN IS SVBJECT TO ALL THE TERMS. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID ClA1M3. _ _ _-_. oMM aClwl an.ITV D�CWM¢-MnDEEL�'pCCUR ��CCV - rr %P (n �sw�nl GEC nGGrt1—I V L-1 P�an� w � L EM _F_wIA�RE /W. wG _ aiL¢ LIw¢ILITV Y (P✓ raaen � _ G nED hVT05 — N �WNEp INJUnV (PernvlConQ Ipar nftjgyn>L_ ___ H OCCVRRE«C _ _____ wGDREMTE __ " w wpapv m:v YO it �i E lo�`sc —_1' V-T 8—_"s A « sP 4O6>a3> i'1/Ot/2023 'I t/Ot2024 cry qcc.__ _ s t,000 00O -_ _ _ sEnsE=w_�orE s t 000 O iMn s t 00 xcRleTloN of oveawwa«s r Locw>:a«s I v¢«�eLe¢ Iwcoao to6 Aamnwv: rum..x. s=n.aol...nxy w M:.en.e n.nere weed. �gmw�l CERTI FICgTE HOLDER CANCELLATION vl ence o overage HHOULD ANY OF THE ABOVE OE9CRIBED POLIdE9 aE CANCELLED 6EFORE THE EXPIRATION DATE THEREOF. OTICE WILL 6E DELIVERED IN ACOOROANCE WITH THE POLICY PROM®IONS. TNOaliao Renn¢¢eNTATIVa � �o—x _®t968-20t4 ACORD CORPORATION. All rights ra¢app((¢d. _ _ ___ .. .... _.__ _� �.�...-... `-A�. mt<u'l at T) •na rn�.�rav ,mu.e a.... ...u�+ CoiCer Co'uxty Pmcuremant Services Division PORN19—CONFLICI'OG tNrFRL+S]'AI±tr1UAVtT l'he Vendor cerai ties Char, to [he best oY its know)«Igc and belief, the pas[ and m em work on any Collier County project aftilim¢nfliciras deacrin¢a by on¢ ok' the three categories b¢Inw: [3ias¢d ground rules —The firm has not set rho "ground odes^ F>r aft iliatcd post or current Cclliar County p r'gjcc[ idcni�ied above (e.g.. writing a In'ocurement's stnlemcat of u a>rk, spe¢iFeeRions, or p¢rfonning syst¢ms engineering anal technical direction feu' the prt>ourement) whic6rnppaars ao skew lh¢ competition in favor of my Firm. Impaired objcetivity —.ore firm has not performed work o affiliated past o unent Collier CoamtY project faiemified above m evulnate proposMs / past nerfoam m>cc>of itself or a comp¢titor, which calls into question the contractor's ability to render impartial advice u> tfic eovcrnn>ent. lJnegaal > CCss [o inform alimt —"fhc Fmm hfls not had a cess onpublic information as part Of its performance of a C'ollicr County project idcnti tied nbov¢ which mny [have. provided the wntractor (or an afTilinte) with xn unfair competitive advantage in wumn or fuaur¢ solicimtions and coon -acts. bt addition to this signed af£davit. the mntmctor / vm,dor must Provide dtc Ibllowing: 1. A II docmnents produceal as n result afthe work campl¢te<i in the past or currently being worked on for the abov¢- ention¢d p'ojecq and, _. hadicnt¢ifthe information produced was obtained use mutter of bl''reco �d (in the"sunshine")ortfiroughnon- pablic (not in tb¢ "sunsh inc") conversation (s), mceting(s), docu nt¢nt(s) and/m oth¢r means. Pnilure to disclose all murerinl or having an organizntionnl conllict i. or more of the three categories above be identified, may result in the disquah Rcation f r future soliciunions aftilivteA witM1 Ute above roferenced Project(v). 13y ahc signature below, the tine (employers- officers andlor agenas) certitics, and hereby discloses, that, to the best of their knowledge and belief, all relevant Frets con ming past, present' or currenny plannul interest or activity (f nancial, enntrnamul, organizationul- o other.vise)cwhich rcl arcs to the project idemi6ed above h¢s bran fully dis¢lo�ed and aoe� n« noae an <>rKani�ttional ¢onni¢t. V nfl9Wa,Brolhera. LLC :'✓�•rG;% Joan Henderson .—------- - z� Comm.: HH 95690g Signature '?:;t��.� Expires: February 25, 202y v _=�JrLLc_m_ an.ao. a vrw F.eamem •. Notary PoNlla-Stela of Flotlda Print Name and Title State o}'_ Flon.1 CauntY of ____, ____tw+,e_ __.__... '1'be foregoing ins[nunent w acknowledged bclbre m¢ by means of a physical prcsen¢a or O online no[nrizatioq this tam daY of _ Onontl>), coca—(yanr), ny, une9vle __ (nnm¢ of person aclumwledgiog)a�o W �— ( i ne rre�of Notary Public - Smtn of Ploride) Jasn H9nden _ on (Pri nt,'1'ypc, or Stomp Commissioned Name of Notary Public) Personally Known CAO coo.- co,v.n�y Pracuremenl Barvicas Oivlsion RORrvI 10—VENDOR DECLARAf'ION STATEMENT BOA RII GF COUN'fl' COMNIISBIONC:RS CUllier County GUVClnlnv'ilt Cannplex NttPles, 1=lbridu 34112 Dear Conan issioncrs: 'fhe undersigned, ns VCndor decl;ves that this response is a<Ic without connection o nngemmrt with any other person and this pra>posxl is in eves y reaped fair and made in good frith, withow wllusion or Praud. The Vcnafor Iwreby declares the i tstnwtions, Purchase order terms and conditions, requirements, and specifications/scope or work Pf dtis solicitation hive boron fully examined and accepted. "1'he Vendor ¢grew, il` lh is xoiicimtian submittal is v-ePted. to a auto x Collier C:axu>ty document f r the Purpose of establishing n f anal ton4'atlatal rclntionship between the Finn and Collier County. f r the performance of all requ eats to which the solicitation pcnains. '1'hc• Vendor smtes that the submfitted is based upon tltc <tocuments IistedrbYtthe above rc ferenceA Solicitation. 1h;rthar, the vendor agrees that it' awarded n c retract for these grads and/m� services, lbc vendor will not toe Cligi blC 4r coat PCiq submit n Propusni, hC a rdetl, or perfU nn as n sub- Ven<IUr far ally f.rturC HssociHteai with pork th Nf IS n recall of [his nwxr<led core MHct. IN Wll'NESS W FfEI2E0 F, W E have hcrcunm subscribed our names on this _lath, day of._.._Decambar � ?p a¢ in the County of._ __ n the fitxte oY_ rlonaa -- — I'irm's Legal Natne: Address: Lily, State, Zip Fart M a s, Flor{tla 33908 Code: PlUrida L2t000000723 CCrt111CfLCC Ui nan,arny Domtment Number Federal Tax ____.__69_1836961____.,_,___ __ Idcnaiflcxtion Number Caga Cgtle'47M64 'CCR # Ur CAGE Code 'Oniy if C:rant Funded 'I'Ulephone: Email: Bigna4ne bY: HarvaY Youngquist Jr. (1'YPed ssnd written) Title LL C Manage' S Vice Presitlent C AO Additional Cmta et Information Senen is to: Youn99uisl Brothers, LLC Q'eq ai2d ii'di Fferent Coml>any name used as P+vYee Fro n above) Contact name: Julie Smith Title: Controller t\ddress: 15465 Pine Ridges Road City, Shoe, 'l,1P Fort Myars, Florida 33998 Te Iephonc: 239-489-4444 Enutil: Controllai'QYounfl9uiatBrothers_coin 0195ce servicing Collier Same A5 Information On tak Pages Cm:nry eo Plnce ordm�s (reyuirod if dil'i'erem Fru above) Contain name: Title: Address: City, State. "GIl' 'FelePhone: L'mail; Cecandary Contact for Bill Musselwhlta - Sr. Vice PrasidenF this Solicitation: Email: Bill@YoungquistBro[hers.tom Phone: 239-910-1191 coo _C+ToYL�er C�ou�xty Procurement Services Division FORM 1/-IMNfIGL2A'I'ION APFLDAVIT CL+R'1'IFICA'1'LON "this Affidavit is �equired vnd 51>nuld be signed, notarized by x amhoriz¢A Principal of th¢ firm and submitted whh f anal colic iration submittals. I�urihar, Vendors a reyuircd to b¢ a rolled in the t-Verily VmKra,n, mxl Provide acceptable evidence of their enrollment, ut Htc time of Ute submission of the Vendor's bid. AceaVtabla ¢videnao consists of a copy of the praparlY c ni plct¢d E-Verify Cmnpm>y Profile Verge or a copy of the Rd1Y ax¢cuwd to- Vnri fy Nlemornndum of LL>dersnmding for>thc cwnPant which will ba Pro iuced nt the tints of<he submission ofrhe Vendor's bid or within five (5) day of tho County's Notice of iZecommand Awad. AILURF TO L:XI'Cll"'L' '!'HIS A['P Vfl' C1:12'1'1 i"ICA'i'lON ANU SUBM(T WCPH VENDOR'S P ROPOSALJBIU NiAY DEEM T'H L. VF'N U012 NON -RESPONSIVE. Collier County will sot intentionally award County conarnats to any Vendor who knowingly em Ploys unauthorized nlie .vorkcrs. c nst i[tting n violation of the a nploYment In'Lwision wmtained in R U.S.C. Section 1324 a(e) Section 2J4A(c) uFthe Immigration and Nationality Ael Q'INA"). Collier CoumY mnY ¢a>nsider the am Ployment by vny V¢r 1or oY unauthorized aliens a violation of Section 2�4A (e) of the INA. Such V iolaion by the r¢cipimv of the Em pbYtnrnt Plavisions contained in Section 2�4A (e) of [he 1NA shall be gra>unds R>r vnilarersd tenninaeion a>f the contmet by CJa>Ili¢r County. Vendor attests t>at shay arc lid lY complivnt .with all applicable immigration laws (spacificallY to the 1966 Lnmigration Act and subseyucm Amendment(s)) pun 't -s xwa of and in com ol'a a wi h I � ' � f t FI �'d Statutes S44R.095. nnA agrees to comply with the pro s nf[he Memorandum of Understanding with C-Verify and [n Provid¢ proof of a rollment i h The f_mploYlnent 61:gibility Vcri fication System (E-Vori fy), op¢rarod by the Department of Homeland S¢curi ty in partncrsh ip wiH+ the Social Secoriry Admini»trncion at the time of submission of [h¢ V¢n dot's propoaalJbid. VOu BV ttl LLC � _ �� .,;,;'.«.:�^.�. Jean Henderson .� /_��o-- �s: A �.� Comm.: IiH 358908 — K ��'�2+eva�L uoPlry Pahlic r Sla a oi�Flaritla m__B_9u1 � LLC Men B ✓Ke PrnnlOan Harvey Voa a+Jc aBar L Print Name and Ti[Ic State of..___—._—_ venue — __ _._ County of_____ Lae--..__ Tha IbregoinK instrument was acknowledged before n e 1>Y n cuh of d VhYsical pmsence or L7 online notarization, this=+r^ day of__ onca.wur_ (month), aaxa >Cyent9�by15 rrnrvayvwnBnni:ur. (nnhne of p¢rcoht acknowledging). rr �.f>��.r�1 r�.on --��r v>ature ofN Lary Public - Stete of Florida) Jeen Hentlaraon (P�in%'ry��F, or Stamp Gommivroned Nnme of Notary Pvbiic) Personally known ..�,��.a.. ' -Ia¢;:t:t:aaE:�,x--ReA�ucM CAO FORM [z - Blnnrlis cttccxl�IST I NIPO RI'ANT: No bid shnll be c nsmerad unless it Is made nn unaltered Bid Yorms wretch e e included in the B id<ling Ducum cots. Please read en raFUlly, sign to the spuees in dicn[ed nnA re�,with your Bid. FAILURE TO P120VlUED THE BIn DOCUM[SNTS MAV BE GROUNDS TO BFEM YOU NON-l2ESPONSIV E/NON- RESPONS[BLE. Bidder should check off each oP the fallowing items as the necessary notion is eompleteA: I. "1'he Hid has been signed. 2. The Bid prices o££ered hove been reviewed. 3. The price extensions mttl totals hove been checkeA. 3. Bid Schetlule has been a;nmpleteal and attached. 5, Any rcyuired drnwings, descriptive IiroraLLve, etc. hove been included. G. Any delivery inf rmation required is included. �. The following on-line st¢ndard documents have been reviewed rend nccep[ed in BidSync: a. Constn.c<:on bid i rstruc[ions Fonn b. Constructions ices ¢greemem Purchase order terms and conditions 8. All of the Collowing bid Forms have been completed antl signed: Bid Form (Form l) b. Contractors Key Personnel (Fonn 2) Mvrerial Mnnufnoturers (Form 3) d. List of Nlajor Subcontractors (Form R) e. Statement of Experience (Fo<nt 5) F. Treuch SafeTy Aot (Form G) g. Bid Bond Fw�m (Fonn �) h. insurance end bonding Requirements (Form 8) i. Conflict of Interest Afbdavit (Farm 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Aff davit Certification (Form I l) MUST be signetl and nttnoheA with your submittal. 1. Signed Gran[ Provisions and Assurances package in its entirety. i£npplicablq arc executed and shoo kl be included with your submittal. 9. Copies of required in Fomration have been attached Business tax Receipt (Collier Counry Businesses Only) b. Coin parry's E-Verify profile page or memorandum of un Aeretanding c. Cerrificute o£ Authority to Conduct Business in State of Florida (sunbizorg) d. Any required professional licenses— valid and current (myfloridalicensa.coin) (ie: General Contractors license, Underground Utility end [:xcavntion, Builders, Trade Contracm rs, etc., as applicable, requested and/or required.) �. Vendor W-9 Form l0. tf required, the amount of Bid bond has been checked, and the Bid bw.d or cashier's check has been submitted. 11. Any addenda haves been signed and acknowleAgemcnt form attached reed included. 12. 1'he Bitl will ba vplondetl in time [o be received no later than [he speciEed o d d .otherwise the BiA cannot ba considered. Dec. '14 2023 cAo h N K �§ A � � c �^ 3 n F �[8 ty L` � k� 3'4Sgggjy LL Y�. 8 �. S � S g €E � R �^ 'G .S � K � � lYl V � g � � g3g A�� j� � .... i _ ]$ � �q l�p� y g8y � � � � � � e � � M LL �� iB4� � I X �Ly '.iFg� � .�.� O en f11 ` F" ��' u � 5R$g Ek L1.A± Rz 33 _ _ � :� C.AO aoz3-zoz4 LI?E COUNTY LOCAL BUSINESS TAX RECIP.Il''C Aa-roan[ Number: IOGTOGn Accuunl 6spires: SCI>rem UCr 30, 2024 12cccip[ NU)u bCr: GJ032GI1 SCNCC Lia:cnxc NNrn bCf. SL1133Ci Mayc Lnculion: WM1'1'Rli \V F.I LCGUYRiM1CIY3N 1596G IaINE RII]Gl. RIJ fT MYIiR),fL 139OR IIL LU!_AL NVRlN415tiT XIi Y.GFIPI'IS NUN [ipCVLM1'1'UItY TYm m 6non mb. 1.\3U v_s-M�O�Pwxx IhMG2o).) x v.m+ VCJIJNGQl115C HRO'1'I IY'Rti L.LC YO<INC3QIJIST f IARV I:V I SJ(5 PINT: Itlf)(iE RU fl'MYIiHe, FL 339N8 -�-�� 2023-2024 LEI: COUNTY LOCAL BUSINESS TAX RG:CESPT AcamunC NmnUur: IOI OGft2 Acrnunl EspireR: Supfembm'JQ 2n2d Receipt Numbm': 1H0029N 9tN[C LleensC Nnm Ucr: CGCI51 oRfiC• Mn m� sue [o am Lusinexa urn — ____ LocNlun: CCNERaL CON'1'R.l!'TUIhGNIiTIF1 P.O 159h5 FINK 121OCiF_ I2 tJ f"1' MYI?I25. Pr. 33+RIR T)1)S LUCAI. V V.S)NFi4 TAX RLCILIP"r IF NUN R6frlIL.C1'OR\' PoYmms IpMm+Mlum -� Fnlo Ya5.,4.o�aa:o.a lomnr�x3 a sa.nu Y OUNCig1.nJ 1' Hltp"I'1-I F.RS 1 J A YCIUNOQUI9T HAI2VCY HI2UCE 3R Isnvs FINE wOc,E Itu FY' MYlili}'. PL 3390R 2023-2024 LEE COCJNTY LOCAL BUSINESS TAX RF.CEiP"C Account Number: 1023430 Account rsplres: SCI>tem ber Dn, 2n23 Rviceire Nn:nb�r: noasas ___ scnLe Lmnoa�Nlirn ber: I:c33oo+xnx e,�;,, N,�R,�x, roc =_ LN�NuoN: .Iouanrvmnry 1 s.:vs FINe: Rloee. Ro [� f M V F..It 9. FL. 3391>R '1'rs15 LVCYL NLItiiNC9F TAS 121:<:61P1' IS NUN ItEUIILAI'CInY FaY�s:eM InN,m�onon: s•A In Y>5-udoaawxe IMO4(5023 53 :M V <JIINQQVI9"1' i3ItG'I'11ER5 LLC' YULINC3QUfS1" 11 A RV EY HR VCE 15465 PINE RIC)<i F. liU FT MYI=.RS�FL 33Vp8 cno ��9 Request for Taxpayer plye.Form io tna rV Identification Number and Certification rpgpeatec op not omtmt». zatlp of lh antl to tn® IRS. opvtl�rynl STnacluy rNama r Oo to w w./rza. 9Pv/FormW9 for Insbactlons and ibs Ivtoet Iniormagon. ( e shmvn • yu r ncoma ax slurry Nvrnm la rmqu4ea an Ptia Ilna: tlo not Inow INa Ilna binnk. 1 t VOVn ulst f3ro[nors LLC __ 3 Buainaav horn_/Narm9veyou cnln/name. lr tllllmrvnt /rorn aVovv M 9 One eppr r reue,wl Inx GasaMeatlon nl u v parvan wnoev nmm� 1» wlarva on Ilne 1, ehnek on na ae M ens feoa vPPb only `$r tmllowmg a..ennimxa:. anaG�mrr.¢t�on'paga wta era, aaP O)� `U � t NMUM/cola praprknar or � V Carryrnnon O S- 4orpomuan � PvrinaraM1lP 0 lYuaVaatalm a1 eln9le-memb+r LLC Emmpl pnYae catln (II nnyl ym•c QL4nIlaU llvullitY cumpn arlM1e lax Gn¢sllk:aliunlC+C corPurallon. 9�acarPuranun.P enn+mM1lP]F S 'd� No[e: CM1aok limn abnx nrlw lln a vv rrn llm lax aasl(Icn aln^Ia ruby cQi dcM1ack ItmmrlM1e m Exa nprlon rm FATCA rvponinB C yL LLC 11 t m LLC a alu a a Yngla-rn¢mb or LLV' IMt Ia tllvragardoo ow er unraaz the whet o IM1m LLG Is .apmmma u_c mm as (/ any) mmm. LLc toot le rm _ ar rot vs. r�aaal I .. om . roes. n,ba. d Is .regartivd rr my^an xrvr [bn tan elassll at�ol=rs ow cvouastera � Orbar toes invirvdWn¢I>r a B wn rm "• 'r"`� �aara aPa a nulrpenxkrrnaiarrPncriona mesa (n.,, _ . a no.) earn n home antln ¢ Wpao m> T5465 Pine ftitlge Roatl _ 6 Clry, store, ana cam For[ M e s FL 33909 - T ust account nnmba.(x) nmra (opaonv0 Tax a er Itlantifl caifon Number IN F_n[er your TIN In !ha eppropriato box. TM1® TIN provltlatl rmrat mmcn ma name gwan on nna � m nvoru �----IT---I - -- I' ICI I' backup wi[M1M1olUing. For IrWlvlUuule, iM1is Is ga^orally your eoclal aecurlry number (SSI•p. Howavx, (or a IJ1J - m-L�L�-1 raSlUam alien, Sala proptletor, or UlsragardeU amity, aaa IM1a InalrV cllonn for Part 1, lataL For p[bar enligas. It Lc yow employer Idenllllcallon numner (EIN). I( you Uo not hsva a nurnl Cr. sea How to gat a 'bN, Intor. or Notes: If the account la In ousts Ihan n 8 tba Inatmdlons Iar Ilna 1. AI>n cso W/w<Nanra e/rC ^[tile I Nurnbar To ONa (ha RaquaSfar !or guldaYnaaaan whose number to enter. rT _' r a L TM1a number mown an this loon la my nortacl IaxpaYar IUnntlgcatlon number (or 1 am waltlnp iw a numner [u ba lasusd t0 me): and 2. 1 am not subject to backup wilbholUing because: (a) I am exempt from nackua wlthholtlinp, or (b) 1 nova not been notifleU by Iha Internal Revanua ServlCe (IRS] that I am subjoct to baCKVp wIIM1hCIUInq as a result of a [allure [ fapoU ell Intareat or Ulvidenda. ar (a] tna IRS baa noti0ad ma that 1 am o bnDar sV bacl [o backup wllhholUing: anU 3. I a a V.S'. c other U.S. parson (Uatlned betaw): anU A. TM1e FATCA coUe(S) en[ereU an IM1{s farm (i( any) Intllcating that 1 am exempt Irom FATCA rapOning Is Cor/aCt. CortAficat,or�Irns[ructbns.l V^u must wU ot's aVljWm 2 nbova Ilro V M1ave bean rwgtivU ny me IRS tMt you are cunentlysWjed to backup vNlhlrolUing necausa ..... r mn.nsr un vlc an son vaur tax Wm. For rent seta [9 tnnsactlona, ttam 2 Uoss not apply. For manga981ntvrest palU. than inle�eal antl General 1 n s�t�-t•Ycti>� S6otlon ratamnces are IO the Intomal Revonua GVUa unlash alirorvrlse tad. Future tlavalPpmanta. For M1a 181eat Inlorma[lon abaul tlevOlOpmsnts rol9ted to Farm W-9 scut lta InabucUvns, such ns lagislatlon snanMU attar tbaY ware PublisM16U, 9a to wwl¢Irs.9ov/FormW9. Purpose of Form An IndrvlduAl or entity (Form W-9 requastur] who Ia fequlrcd 10 gla an (nrormatlon raWm witM1 Iho IRS Tuat oblaln yow covwt IAxpnyar iUontitlealion number (TIN) wM1ich may 60 yWr ssclal seeuOty number (SSN). InUlvlduAl [AxpAYor iUantilicsllon number IITINI. ndaptbn taxpayer IUanti(Icatlan n moat (ATIN), o mployar IUBnt111Wtlan n mbar (sEIN)V to report on an Into l'matlon return Lna amount pAltl to you. a4 otM1ar mo n mportabla an an Informvllon ratwn. Examples of into/matlon almomda, bm era not mm�ad to, the lanowlag. •aFdm 1999-INT (Intaraml aamoa ar palU] but ypu must pm WUa yWr (star. • Forin lOfl9-OIV (UivlUandz, Inclutling those from stocks Or mutual tootle] • Farm 109 g-MISC (vamua types of inwme, prizes, awartls. or gross p.oaaatla) (mnaatollOna by bmkere) awlual Vund sales and cartiln other • Form 1099-8 (prOoeatls /mm mat avtata IransacllOns) • r-orm 1099-K (mercM1ant card anU [M1IrU paM natvrork lranseatMna) • Form 1898 (M1ome mortgage Interest), t09A-E (student loan Intareat). togs-r pugloN • Fmm Ig99-G (cencabtl Uabt) • Form 1099-A (uqulsitiOn Or IIbantlonmant of sacuretl prOABRy) allan). borm IUa YaUi Icovanl TIN U-5. pervon jinduUing a rasldent prow be sub/Ocf fo backr p w/ihADbng�S¢a WM1aels backup wl M1 tling'ght /stet. Cal. No. t0231x form W-C iFay. la9o16) f'-�i� 6/8/2�, 9:OB AM [Je19il by EI\Illy Nama lln �ywn a� i. xu t.nnl ro.�.. . J�1,/ 1�1�/r. c.,l r.I I L1HnaPYl8a19151iM / L1JY.3141_41S312pRIDdI41]3 / 99RG4'h13H54WH / :�¢ ,. Lv Fvr��nX. / petail 6y Entity Name Florida LOnited Liabil(ty Company YOUNGOUISI' BROTH F_RS. LLO Ftlin9Jp(gnIlatlon Document Number L21000000723 FEI/EIN Number 59-183698t Date Fllatl t2/30/2020 Effective Date 03/t 5/t 97� State FL Sta[us ACTIVE Las[ Event CONVERSION Event Data Ftlatl 12/30/2020 Event Effective Date t2/3tM2020 f±yyyy jais�l A �dr+sa t 5a65 PINE RIDGE RO FT MYERS. FL 33908 MatI3n9.A51rlraa t 5465 PINE RIDGE RD FT MYERS, FL 33908 BQ9 991.1S1Y.an a 8 Addrnas LAW OFFICES OF MARK R. KOM RAY, ESQ.. PLLC t 5465 PINE RIDGE RD 2ND FL. EAS"r WtNG FT MYERS, FL 33908 A n� zaa varson(fi)llakail Nama 8: Address Title MGR YOU NGOUIST, SR, HARVEV B 15465 PINE RIDGE RD FT MYERS, FL 33908 Tills MGR cAo M1llps://searOM1sunblz.ar9lln9uiry/CorporollonScarcF✓SeamM1ResullOeta119inqulrytype=EntllyName.BtllrectlonType^h\Itlal&scareM1NameOrUar=YOUNGQ_. 1 /2 6/B/23, U:OB AM O51a11 by Enllly Nama YOUNCiQU1ST. TIMOTHY G 25465 PINE RIDGE RD FT MYERS, FL 33908 Ttle MGR YOUNGOUIST, JR, HARVEY B t 5465 PINF_ RIDGE RD FT MYERS. FL 33908 Title MGR YOU NGDUIST. BRETT A '15465 PINE RIDGE RD FT MYERS. FL 33908 iYii[fuC�9c� KRAGH, TRISTA S t 5465 PINE RIDGE RD FT MYERS, FL 33903 annual R@rypt_S@ Report Year Filetl Oate zort oarzerzort zozz oa/o�/zozz 2023 04/25/2023 P4.GSA¢LOLIS.S[h&fl@S - Yaw rmaga m POF larmal e</07/ --PNN l [iPT r—Vraw Image in POF br r'sg3r--nNNLI O9r36 hl R cF[�RT Vra w ImeAs rn PnF larmal ... _.. _. 1 r /�,�j — �a L n l+tl - 4� _. V rngo ln_POF launat CAO blips://searchsunblz.ary/Inquiry/GorporallonSearch/Sue rchResultDolol141nquiry[ypemEntpyNe meEtllradlon rypu�b4tlalfts¢arcbNameOr[IarvY0UNG0 _. 2/2 ,�tat� ��Flo�zde� I��aa�t��rt of State I certi'ly from Che repo rds of this office Ih.il YO UNGQIJI S'I' BROTI-TIRS, f.. L,C is a lim iced liability company organizcat said limited liabiliq� company has paid all foes dtic this office through Decem her 31, 2O22 and that its status is active. Gh•mr rruder n+J• /uuu! Hurl Ne¢ Gret 1.Sarr! of lk c• SYn/c n/" pYnridu u/.Tul/nLarccc, r/rc Cup i/o!, Ih it !Ne Tsveub'-sc ren/L dqr nj Jmuurrp, 2023 OF'�[t�H SS �'v _ - �.n ��vov >vuz��' SearcYrrr}�e�f YliYc 'tlncl<inn Nun. ber: 9T1n1p2998C1J 'ro mm.enticv[.: chin cercinrntgvisit the 1'oilowingi 6itAcnter Ihis number. m.tl then munw n,e ihyh��cuon. a1.Nnrea. h ah+:uxervicessume..nrx•/ralnuA/ccruncntcotstnmsrecrtlnantmen seen ncnoinn— �—Vi�riFy ..`�'.,..e.e....�.0 ��s ��5d1` a� Company ID Number: 2o4842a THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and You nggUist Brothers, (Employer). The purpose of [his agreement is [o set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program chat electronically confirms an employee's eligibility to work in the United States after completion of Form I-9, F.m ploym ent Fligibility Verification (Form I-9j. This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Se<uriCy ttdmini st ration (SSA), and OHS. hutho rity for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsihility Act of 199G (IIRIRA)� Pub. L. 104-208, 110 Sta[. 3009, as amended (8 V.B.C. 3 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.1.8, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify [o verify the employment ellgi bility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OFTHE EMPLOYER i. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified thl'ou gh the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes, 3. The Employer agrees to grant E-Veri Fy access only to current employees who need E-Verify access. Employers must promptly Terminate an employee's E-Verify access if [he employer is separated from the company or no long¢r needs access to E-Verify. - rage i of i� E-Verify MOU far L"mployers � f2 evl lion Dace 06/O1/13 CAO �-VeriFy Company ID Number: 2Ggea2S Approved by: =� Employer Youngquis[ Brothers, LLG Name (Please Type or Print) Title Matthew A Young Signature Date Electronically Signatl '12/28/2n22 Department of Homeland Security -Verification Division Name (Please Type or Print) Title USCIS. Verltication Division Signature Oate Electronically Signed t2/3D/2022 Page 13 of P E-Verify MOIJ for Employers � Revision Date D6/O1/13 GAO ver:Fy. Company ID Number: 20a6a28 Information Required for the E-Verify Program Information relating to your Company: Company Name Youn9quisf Brothers, LLC Company Facility Address 16466 Pina Ritl9a Roatl Fort Myars, FL 33908 Company Alternate Address County or PaYlah LEE Employer Identiflca tion Number 691836961 N orYh American Industry Classification Systems Code 23� Parent Company Number of Employees 100 to a99 Number of Sites Verified for � site(s) Page la of 1 % E-Verify MOU foi Em ployersi Revisign Date O6/Ol/13 CAO .., .cam,-�...,.�.��5iytii"Pifx�6i� . _ ., ..;i':A;.'�!gr�W.-__ ,-._� a_v.:%X s��,r.8risi?�v*'S'+se�,. -„� .�tsl9,*-....._ r �; � I; � � 1 ��''� ELfI�`�"JI i�LL RIG - Ori 11 Pip¢ Size: 7 inch Amount Owned: 40,000 ft Condition: Doubia White or Batter Youngq uist Brothers, LLC Electric Drilling Rigs ("E-Rigs") were designed and built in 2007-2008. These rigs are totally electric including the draw works, fluid pumping and air systems. They Include an electric substation that is installed at the nearest overhead power line. This substation can safely accept virtually any voltage available by the utility. Power is distributed to our equipment through heavy duty ground fault monitored mining cable at distances of up to 2 miles or greater. The draw - works motordelivers 1230HP performance in an all electric drilling rig, with a rated hook load of over 1 Million pounds. Features Drilling Rig _ Type: Rotary Top Drive Model: E Serles Year: 2007 - Derrick Mfg: Voungquist Brothers Size: 130 ft Capacity: 1,080,000 LB Gross HooK Load Electric Fluld System (3,000 GPM) Mfg: YB Custom Pump Skid Power: 2 @ 250 HP and 1 @ 1 DO HP Electric Air Compressor Mfg: Silent Ty pa Rotary Screw Capacity: 1,200 CFM / 355 P:S.1. Drill Collars Size Range: 4" to 11" C1ty:.Suffic ie nt for any anticipated contingency Note: Drill Collars will be supplied as required by the size of the hole drilled and other variable contlitions GAO e I I ; ' E�� ® Ea7 oR�L� ReG Youngyuist Brothers, LLC Eleven Series Diesel Drilling Rigs (fill, 711, 811, 911, etcetera) were built in 2016 and have undergone complete renovations in 2020 and 2021 . The Series 60 Detroit Diesel Engine delivers 425 horsepower pertorrriance in an advanced drilling rig, with a gross rated hook load of three -hundred -thirty thousand pounds. Features Drilling Rig Types: Rotary Top Drive Model: VB Custom Year: 2016 OerricK Mfg: Service King 675 Size: l09 ft Capacity: 330,000 LB Gross Hook Load Fluid System (3,000 GPM) Mfg: YB Custom Pump Skid Power: 2 @ 250 HP and 1 @ 100 HP Alr Compressor Mfg: Sllent Type Rotary Screw Capacity: 1,200 CFM / 300 P.S.4 ' prig pipe •Drill Collars Siz®: 7 inch Size Range: 4" to 11" Amount Owned: 40,000 ft Qty: Sufficient for any anticipated contingency Condition: Double White or Better Note: Drill Collars will ba supplied as required by the size of the hole drilled and other variable conditions C': \ O i GE®PI-IYSIiCAL LOGGING DIVISION � ' �'� `.... �, p s �9� I oq ,.r. — � �, :� ,,, L -: �� c. iF ��i .�_11��-, �; - �$ �, a� o II You ngyuist Brothers, LLC Geophysical Logging offers a comprehensive array of wire -lino services and' analysis. Youngquist Brothers is now the leading logging company in the state of Florida. Many services Youngquist Brothers offers era specifically designed for the requirements .imposed on Class I Injection Walls. Youngquist Brothers maintains sophisticated calibration facilities to ensure the highest standards of log quality control. Several tools have been modifiatl to provide more concise and reliable information in large -hole environments. Youngquist Brothers G eophy5ical Logging employees provide over 70 years of combined experience in open hole, cased hole, 6orehola imaging, and mechanical integrity testing. Rest assured, Youngquist Brothers can provide a comprehensive array of sophisticated tasting servlcas, expert well analysis end the most experienced employees in Class I Injection Wells in the stela of Florida_ CEME � �r��'IN (IVISION t - in � � µvrtU,•'• Youngquist Brothers cementing is one of the technical resources we rely on to construct Class I Injection Wells. Our personnel have extensive experience in well cementing. Youngquist Brothers has pioneered revolutionary techniques and technology to ensure consistent and affective cementing prgg rams. The highly trained Youngquist Brothers cementing team is on the cutting edge with 5 custom built stainless steal cementers and multiple cement silos. Youngquist Brothers can provide complete redundancy in cementing operations when the job requires. Flow is indicated on an onboard Haliburton style LED display, and radiometric density meters are utilized to maintain fluid densities. Youngquist Brothers has the ability to meet the special demands required in cementing I njection�Wells, including the ability to pre -hydrate or dry -blend cements. Many of Youngquist Brothers'.jgbsites' operate 24 hours a day 7 days a week, and by owning our own bulk haulers we are able to deliver and receive any product at any time it is needed. cA0 FLEET �. � � � ✓�, , "�� 5��;-� ,� �ui:' �-1�"� �, y��; �' {{ - „��' �. �i� f 1 e..._,t.,r s,,. � �. � - _'� � 2 ,�<�� _ Youngquist Brothers, LLC remains a leader in the well drilling industry through increased productivity and reduced downtime. There is often no greater challenge than finding good and reliable transportation for materials and equipment. Youngquist Brothers' drilling operations are among the most efficient in the industry due to the availability of our own fleet. With our own fleet of trucks and service vehicles, Youngquist Brothers has the ability to move equipment and materials when and where _ they are needed, 24 hours a day 7 days a week. ca o i I � i �"� i�_ � 1� ' �.: � �� ' i l.: i=., i l s � �� _' PAC: I� E `��' `��iS � CORING � PVMP TESTS Youngquist Brothers, LLC has by far the most comprehensive packer and injection testing experience in Florida. We have successfully completed packer tests, pump tests and injection tests in all classes of wells. The most significant of these was where YB successfully completed over 20 packer tests from 0-90,000 feet on a single injectioh well giving us the distinction of packer testing at depths no other well driller in Florida has attempted, much less achieved. Nlucfi of our success stems from the quality of equipment used to the experience of our team of superintendents and drillers assigned to our projects. Ray Pierson (Geophysical Logging Division Manag er), Harvey Youngquist, Jr. (Vice President a.nd Project Manager),Cameron Webster Grilling Operations (vlahager) and Clay Ferguson (Operations Manager and Quality Control) have a combined 100+ years of experience in successful well drilling projects. We have at our disposal our custom designed E-rigs, logging trucks and Baski Inflatable Packers (BIPT"^). Youngquist Brothers also self - performs all of theirown coring activities, from drilling through recovery/retreival. c'nb ana .-, .. ,. ...:-.-•--• .y.�,..,mr-z�ew��.ca�sa�a.,e . ,,:m".a ,... /[� r .4F `` 2 . � � ! l � ' �� ' n i '+ Youngquist Brothers, LLC „r�; ; w wi4'� utilizes a state-of-the-art mud r � �� f �,,.�t, � y.,�t�, � � � ��x�..7 mixing -circulating -cleaning �, ;4 r�'� .� ,�� "�",, � system. Many years of �a�+�'`3zt,��-�'t � � ri;+?`� � experience in large diameter z t��F � r y_r � � deep well drilling has been i'rs� , q. ryl'� � � ^�. r incorporated into our latest S { � F •, i ,�' ��_ i y l'�%�!r2 generation. of circulation l ,S � `i i � - ^` ` , �� ;. equipment. YB uses a "clean _,�,,4;; r�� may- �"? � mud" working pit system with ' ,,;,>�% -20,000 gallons of capacity. ;- � '' We have 5 M I-Swaco Linear ,z-� Shakers with de -sanding %� cones over two. This allows YB to effectively clean and re -circulate mud back down -hole in short periods of time. YB's custom designed pump skid gives our drillers precise flow control and high levels of reliability. YB's reverse circulation drilling system also leans on our years of experience drilling complex Class 1 uIC wells in the technically challenging formations in Florida. YB utilizes 7" drill pipe with high -capacity air compressors to efficiently "lift" cuttings from the borehole. Cuttings are settled in our 90,000 gallon containment pit while clean fluid is generously circulated back down the annulus of the well. YB has multiple mud circulation systems and related equipment at our disposal, giving us the very best reliability statistics possible. A suitable substitute may be supplied based on site conditions and availability. coo EXHIBIT A-3: CONTRACTOR'S KEV PERSONNEL ASSIG NEB TO THE PROJECT Name TB� Harvey Voungquist Jr. Personnel Cateaory Construction Superi ntendant Project Manager to UAO Consfrvdlon Services AgresmanF [2023yar2] EXHIBIT 113-1: PUBLIC PAYMENT BOND no No. 800169861 Contract No. 2M141 KNOW AI.L MEN BY THESE PRESENTS: That Youngquist Brothers, LLC 15465 Pine Ridge Road Ft Myers FL 33908 , as Principal, and Atlantic Specialty Insurance Com an , as Surety, located at 605 Highway 169 North, Suite 800, Plymouth, MN 55441 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the SUM Of Twenty -Nine Million Three Hundred Eighty -Nine Thousand & 00/100 ($ 29,389,000,00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Construction of 2 Class I Deep Injection Wells and 1 Dual•Zone Monitoring Well In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF TF11S BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1}, Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2), In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 15tn day of _February 20 24 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body, Gonstructlon Services Agroemenl: j2o23^vor.2] Signed, sealed and delivered in the presence of; PRINCIPAL Youngquist Brothers, LLC Witness s as to Principal NAME: It OungpUlSlJf. ( ITS; LC Mace ice President STATE OF COUNTY OF Lee The foregoing instrument was acknowledged before me by means of physical presence or Cl online notarization, this W01 day of r 19ru-0 CQ., 202I�L, by )funseu Yoynclao 5f Tr. as LLC a.noAer d= V►'oe Ares. of Slav v h L L G a �Go rr �{ corporation, on behalf of the corporation, she Is personally known to me OR has produced as identification and i . (did not) take an oath. My Commission Expires: j-ebruary 25, 262"7 (Sign4ature of Notary Public) s v�nJean Henderson NAME:Tcan HenndefsSol Comm.: HH 356908 .J , Expires: February 25, 2027 Notary Public -State of Florida (Legibly Printed) (AFFIX OFFICIAL SEAL) �1�A Notary Public, State of � ��a Commission No.: tits 35 e y0 ATTEST; SURETY: Atlantic Specialty Insurance Company (Printed Name) Witnesses to Surety 605 Highway 169 North, Suite 800 Plymouth MN 55441 (Business Address (Authorized Signature) (Printed Name) 12 Construction SeNlces Agreemont: 12023_ver,2j ' � ' Witnesses STATE OF COUN1 Y OF Kentucky Jefferson As Attorney in Fact (Attach Power of Attorney) Brook T. Smith, Attorney -in -Fact (Printed Name) 605 Highway 169 North, Suite 800 Plymouth, MN 55441 (Business Address) 781-332-7000 (Telephone Number) The foregoing instrument was acknowledged before me by means of ®physical presence or 0 online notarization, this 15th day of February 20 24 by Brook T. Smith as Attorney -in -Fact Of Atlantic Specialty Insurance Company a New York corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not) take an oath, My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public} Name: Susan Ritter (Legibly Printed) Notary Public, State of; Kentucky Commission No,; Bassin Ririer NOTARY PueuC >fM AT LARK KBMJCKY ID #► KYNP46M MY COMMISSION EMPIRES MARCH 40 20 13 r Construction Services Agreemont: [2023_vor.2j ` EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No, 800169861 Contract No. 23-8141 KNOW ALL MEN BY THESE PRESENTS; That Youngquist Brothers, LLC as Principal, and Atlantic Specialty Insurance Company as Surety, located at 605 Highway 169 North Suite 800 Plymouth, MN 55441 (Business Address) are held and firmly bound to Collier County Board of County Commissioners , as Obligee in the sum of Twentv-Nine Million Three Hundred Eiohty-Nine Thousand and 00l100 ($ 29,389,000.00 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Construction of 2 Class I Deep Injection Wells and 1 Dual -Zone Monitoring Well in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONpITION OF THIS BOND is that if Principal; 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, Including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 15th day of February 20 24 ,the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Construction Services Agreemont: (2DZ3,wer.2J Signed, sealed and delivered in the presence of: as to Principal NAME; STATE OF /" lOrr�� COUNTY OF fee PRINCIPAL ITS ; LLC Manager &Vice President The foregoing instrument was acknowledged before me by means of l9 physical presence or online notarization, this /%� day of Febrvarti 20, f�GrrJeU yDvnCJ4visf J r as [ GC_ _JKct act4er t• kJr �e t�'f take an oath, My Commission Expires: (�j�.-u�� -25� �'U27 ``Q1*NY PG9!� Jean Henderson Comm: HH 356908 Expires: February 25, 2027 t'!otary Public, - Slate of Florida (AFFIX OFFICIAL SEAL) cation corporation, on t has produced ,A andd (did not) (Si iat re of NotaryPublic) Name: TieCtn HefYJerSOn (Legibly Printed) Notary Public, State of: /0r/d Commission No,: H 3 ,6900 15 Constnictlon Services Agreement: (2023Wver.21 ' ` ` � ATTEST; SURETY: Witnesses as to Surety Witnesses STATE OF Kentucky COUNTY OF Jefferson Atlantic Specialty Insurance Company (Printed Name) 605 Highway 169 North, Suite 800 Plymouth, MN 55441 (Business Address) (Authorized Signature) (Printed Name} OR As Attorney in Fact (Attach Power of Attorney) Brook T. Smith, Attorne�in-Fact (Printed Name) 605 Highway 169 North, Suite 800 Plymouth, MN 55441 {Business Address) 781-332-7000 (Telephone Number) The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this 151n day of February 20 24 by Brook T. Smith as Attorney -in -Fact Of Atlantic Specialty Insurance Company a New York corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (dld not) take an oath. My Commission Expires: Sti>s�n iiiilter MQTARr iMlIL1C STATE AT LAW, KiE =KV 10 #f KYNP46206 MY COMMISSION EXPIRES MARCH 412026 (AFFIX OFFICIAL SEAL) (Signature of Notary Susan Ritter (Legibly Printed) Notary Pt.lblic, State of; Kentucky Commission No.: Construction Services Agreement: [2023_ver.2] intact INSURANCE Power of AtIorne % IINOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President orVice-President (each aIt "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by Facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaldng, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of Aprit, 2020. to 000 Q . GpPPORgpFg0 SEAL m c O 1986 o s' Belf!! STATE OF MINNESOTA Y26 �FIII voq�dA Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personalty came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and �vho executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company, ALISON DWAN NASH•TROUT NOTARY PUBLIC • MINNESOTA My Commission Expires January 31, 2026 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revolted, and the resolutions set forth above are now in force. Signed and sealed. Dated k h day of r-e.brUQ Jt_ � ca .. GpRPORgpF ' =� SEAL m Please direct bond verifications to surety n intactinsuruue tom Smith Manus ACRISURE" PARTNER Februar}15, 2024 Youngquist Brothers, LLC 15465 Pine Ridge Road Ft. Myers, FL 33908 RE: Bond No. 800169861 Contract No. 23-8141 Enclosed, please find the Performance and Payment Bonds Bond for the above captioned job. Collier County has our permission to input the contract date in the "whereas" section on each. Please email me a dated copy of the bonds to thintzman(a�smithmanus.com as soon as possible. If you have any questions, or if I can be of any fw1lier assistance, please let me know. Yours truly, �1A1W74 "IIN��IL1Ghi Theresa Hintzman Producer Assistant Enclosure I_� Smith Manus Z307 RiverRoad, Suite200 800.235.9347 Louisville, KY 40206 www.smithmanus.com ACRISURE' PARTNER intact INSURANCE Power of ALtarney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Broolt T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomey4n-Fact, to make, execute, seal and deliver, for and on its behalf as surely, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: Thal the President, any Senior Vice President orIII ce-President (each an "Authorized rlfricnTM% may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-fn-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney4n- Fac6 Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey4n-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-fn-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile tinder the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any .enificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. too STATE OF MINNESOTA HENNEPIN COUNTY F 4�G GOFPORAIF92�'=. =� SEAL M% 1986 0 ;r26 tiFtt• YOP,�aay?;ii i Paul J. Brehm, Senior Vice President On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASN•TROUT NOTARY PUBLIC • MINNESOTA My Commission Expires January 31, 2026 Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set fonit above are nosy in force. Signed and sealed. Dated day of I 01%n 1'IA/ n'�'•.... This Power of Attorney expires January 31, 2025 GpPPORgT; c+=; SEAL' ^� Kara Barrow, Secretary Please direct bond veri[ications to surety@intactinsurance.com EXHIBIT B-3: INSURANCE REQUIREMENTS Tha Contractor shall at its own expanse, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as sat forth in EXHIBIT B of this solicitation. Tha Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the Cou nty's separate Contractors, Oasign Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. Tha Contractor and County shall, where appropri eta, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance Certificates issued as a result of the award of this solicitation must identify "For any and all work pertormad on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall Hama Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severabil ity of interests provisions. Tha Certificate Holder shall ba Hamad as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Coiliar County. Tha Certificates of Insuran ca must state the Contract Nu mbar, or Project Number, or specific Project description, or must read: For.any and all work pertormad on behalf of Collier County. Tha amounts and types of insurance coverage shall conform to the minimum requirements sat forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or dad uctibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or dad ucti bless will be Contractor's sole responsibility. Covera9e(s) shall be mai ntainad without interruption from the data of commencement of the Work until the data of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. Tha Contractor and/or its insure nca carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. Tha Contractor shall also notify the County, in a like man nar, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from Its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the egg reg eta limit of any policy to ba provided by Contractor hereunder, Contractor shall im mediataly take steps to have the a99reg ate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coveraga(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such covara9e(s) and charge the Contractor for such coverages) purchased. If Contractor fails to reimburse the County For such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due tv canao-ucuo,. sa.v�cas.voreamam: [zoza_vaK31AU Contractor under this Agreement or any other agreement between the County and Contractor. Tha County shall ba under no obligation to purchase such insurance, nor shall it be responsible for the coveraga(s) purchased or the insurance company or comps Hies used. Tha decision of the County to purchase such insurance covarage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insu rants expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificata(s) of Insurance not later than tan (1 O) calendar days after the expiration data on the certificate. Failure of the Contractor to provide the County with such renewal certif'icate(s) shall ba considered justification for the County to terminate any and all contracts. is COnstructiOn SelVic¢5 HgreamenC [2023_v9r.2] EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLO RIDA) Bafora me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (t) In accordance with the Contract Documents antl In consideration of $ to be racaivetl, ("Contractor") releases antl waives for itself and it's subcontractors, material - man, successors antl assigns. all claims tlemands, tlamagas, costs and expanses, whether In contract or in tort, against the Boartl of County Commissioners of Collar County, Floritle, relating in any way to the pertormanca of the Agreement between Contractor and Owneq datetl ,20 for the period from to . This partial waiver antl release Is conditioned upon payment of the consitlaration described above. It is not effective until saitl payment Is raceivatl in paid funtls. (2) Contractor certifies for itself and Its subcontractors, material -man, successors antl assigns, that all charges for labor, materials, supplies, lentls, licenses and other expenses for which Owner might be sued or for which a Itan or a demand against any payment bontl might be filed, shall ba fully satisfied and paitl upon Owner's payment to Contractor. (3) Contractor agrees to indemnify. tlefand and save harmless Owner from all tlamands or suits, actions, claims of liens or other charges ffletl or asserted against the Owner arising out of the pertormanca by Contractor of [ha Work covaretl by this Release antl Affidavit. (4) This Release and Affidavit is given to connection with Contractor's [monihlytlinal] Application for Payment No. CONTRACTOR ISF ITS: DATE: STATE OF COUNTY OF President [Corporate Seal] Tha foregoing instrument was ecknowletlgetl before me by means of o physical presents or o online notarization, this tlay of 20 by as of a corporation, on behalf of the corporation. He/she Is personally known [o ma OR has produced as Identi£cation antl tlitl (did not) take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printetl) Notary Public, Sta[a of (AFFIX OFFICIAL SEAL) Commissioner No.: 1a consvucnon senrleas a�reamane: 12ozat��CJ EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Co//fiat Count Board of Count Commissioners the OWNER or Co//iar Count Water -Bawer Owner's Project Mena er's Nama: Bid No. Pro act No. Count 's Division Nama Purchase Order No. Submitted by Contractor Re resentative: Name Application Date: Contractor's Name 8 Address: Payment Application No. Ori final Contract Tima: Ori final Contract Pries: $ Revised Contract Time: Total Chan a Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed 8. Stored to Dato: $ Retainage �5 % through Insert Data $ Retainage @ 5 % through [Insert date $ Retainage � % after Insert data $ Less Retainage $ Total Earned Leas Rataina e $ Less reyious a mant s' Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Com leted to Date: Liquidated Damages to Be Accrual $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCV MENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: Tha untlerslgnad CONTRACTOR certifies that: ('I) all previous progr¢as payments received from OWNER on account of Work done under [ha Contract refemetl to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connectien with Work covered by prior Applications for Payment numbered � through nclusly¢; (2) title to all materials end ¢quipment incorporetetl In saitl Work or otherwise liatatl in or covered by this Application for Paymenf will pass [o OWNER a[ time of payment free end clear of all liens, claims, a curity interests and a cumbrances (axcept�such as covered by Bontl acceptable to OWNER); <3) all amounts have bean paitl for work which previous payments ware issued entl received from the OWNER antl that current payment is now due; antl (4) CONTRACTOR has only Included amounts In this Application for Payment propady due and owing antl CONTRACTOR has not Included within the above refarencetl amount any claims (or unauthorizatl or changed Work that has no[ bean properly approvatl by Owner in writing and in advance of such Work. ontrector's Nama on[rector's Signature: Date: ypa Title: Sha/I be s/gned by an euthodzed re resantative of fhe Contractor. Pa mant to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION fa recommended b Design Professional's Neme: ignature: Data: a mant to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION la recommended b wneYs Project Menegar Nama- Ignature: Date: 20 Conalrac[lon services Agreement [2023_val�lf� Prvlan rvama. SON EOULE OF VALUES roleea Numeen Explanation (arthe lwo columns untlei Pmvlovs Applications: T a TMu Oete Iswherc you will plain all lnfonnatlon until the contact Is complete unless a releaze oc mtluctlon ai o play. If [M1la happens, ell IniocmMlon up m [ha tlate of the %change In retalna{a Is placed In the Titry Uaa¢ column. In(o�matlon afterthv[ tlete Is plam0 in fM1e Sinc¢ OMe column' Thls states whet has happ¢netl since the change In r¢talnage. 2t Constmctlon Services Agreement j2O23_vaF;�1i exhibit o (Continued) Storetl Materials Record c.......ne� na R_C:_ rf— F A B C O E Date �escrl tlon Su Ilar Invoice Number Previously Racalvatl Racaivetl Thls Period Previously Installed Installetl Thls Parlod Balance To Install zz Construction Services AgreamenT 12g23�rgft2j) EXHIBIT E: CHANGE ORDER CoiLier Coxrafy prcn ..ga o.aar Fo.m O COObaOt MOdifleatlon � Work Oldaf MOtlIf106<lon Contmet #: � Change #:� PYrchHei OMer #: Protect #: Contmcta r/P Vm Name: ConbacVPraJaCt Protect Manaear Name: DIV IBIOn Neme: CUnant BCC Appmwd Amount Lvat 6CC Approwl Deter; Aganoa Item # Cunant Contract/WOtla OMarAmoun[ SAP Contract EaplreNon Data (Mailer) Dollar Amount Of [MB Dhanga MON/OI Total Change ham Original Amount RaNiatl ContrHC✓Work OMar Total OOPO #DIV/OI Change ham Currant BCC Approwtl AMOUM 00 #O V/D Chenpa ham Currant Amount COMpIKIon DHa• DaicrlpDOn O(thB Taak(a) ChengB• aM RBDOaela for tba ChangB NOotICa tO Proee60� Orlgbil � 46t APProvaO� Ravliatl Data C eb Completion Data Det6 (Intluese rule cnenge) # of Days AOOBtl � Salect T9ak9 � Atltl new taik(s) O Delete taak(i) � CbaOga taek(a) � OfhBf Pmvlda a r¢aponai to the bllowing:'1.) tlabllitl anG aped/10 ixplenitlan/mtlanala of the raqu¢Bted cbanga(s) to tbatYk(BI antl / or the atlmNonel tleVa atltletl (If rapui9bd): 4-0 why tM1la change waB not In¢IUtlaO In the original contrmcF. antl• ].) diiotlba the Impact Praperatl by: Deter: (Project Manegar Nema anC Division) ACC¢planca of inls Cnanga Ortlar Hhell CaneUtub a motlill�\ion Its canbacl /work oryar Itl¢ntllletl above antl will be Hubjedb all U19 88me \erma antl eontllUons as comalnatl In Me eanhac\ /work ortler InCI[`a letl above, as Nlly ea If the eoma ware sta(atl In [hie aecaplanCa. TM1¢ atljV alment. If any, b the ConVacl shall eonatllu[a a full antl final aetUemant O( any and ell elalma of Iha ContreebN Vantlar / COO9UIlent / DaHlgn Profaealonal arising out or or relale0l0 the change eel forth herein. Inclutling elalmH (err Impel and tlelay coats. Aeeeptatl by: Data: (COnhaclor / VeIMOI / CMSUllant / Daelgn Pro(as810061 antl Nema of FHm. I( pfOjBCf apPltraEle) Ace¢ptHO by: Data: (Daaign Prof¢Halonel antl Neme of Flfm. H project apPUcable) Approvatl by: Deter: (Dwlalon Dl:aamr or DealgneH) APPrOVHtl by: Dale: (Pracufem¢nl ProreaHlonel) n•.vr n.a. nnu,_n..l IPlrrmsnx wns mev requbr. netlnimar argnwun,.•may rmmule mr annarxbmeuel rnr �.,��re_... �� 23 ConsVuchon Services AgreemanC 12023_Var.2] Chant[e Order/Amendment Summary GO# AMO# Dasee{ration COST TIME _ Jua<IAcatlon Atltlitive Detluctiva oa>L New Amou Npvised: D Is1412D2t fOrvi¢rmx>vOo ma1'ragnfra adtlil onal ¢gnatures rnaY ir>rlaAa on zc{>sale xOnat.) snow mer r � rat eumrn p� u - .._........_.. r _... '. L�nt7 24 Conatructlon Sarvlces ABreamenC [2D23_var.2] OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This CertiFcate of Substantial Completion applies [o all Work under the Contract Documents or to the following specified parts thereof: Z7 And To Substantial Completion is the state In the prog resa 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 Cartiflcate applies has been Insp¢cted 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: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not ba all-inclusive, and the failure to Include an item In it does not altar the responsibility of CONTRACTOR to compie[e all the Work in accordance with the Contract Documents. The items In the tentative Ilat shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Tha responsibilities between OWNER and CONTRACTOR for s¢curity, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: �'AO 2s Constmctlon Services Agmort�enC [2023_vac2] OWNER: The following documents era attached to and made a part of this Certificate: This certiflcata 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 Contract Documents. Executed by Design Professional on 20 Design Professional BY: Types Name and Title CONTRACTOR accepts this Certifcata of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on . 20 BY: Type Name and Title f "n 0 26 Construction Services Agreement: [2023_var.2] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: The following items have been secured by the for [ha Project known as and have bean reviewed and found to comply with the requirements of the Contrect Docu mants. Original Contract Amount: Final Contract Amount: Commencement Data: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Dale of Substantial Completion: Final Completion Tima as sat forth in the Agreement Calendar Days. Actual Final Completion Date: VES NO 'I . All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to khis form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. �. Certificate of Occupancy No.: issued on (attach to this form). 8. Certiticate of Substantial Completion Issued on 9. Final Payment Application and Affidavits received from Contractor on: '10. Consent of Surety received on 1'I. 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: � 4. Other: 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: By Design Professional: BY Owner: Name) (Signature) (Typed Nama & Title) (Firm Name) (Signature) (Typed Name &Title) (Department Name) (Signature) (Name 8 Title) CAO zv cona[ruc[�c� services <.oree�,en[: Izozs_var27 EXHIBIT H: GENERAL TERMS AND CONDITIONS '1. INTENT OF CONTRACT DOCUMENTS 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to ba constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being req uirad to produce the intended result shall be su ppliad whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or rag ul ations of any governmental authority having jurisdiction over the Project, whether such reference ba specific or by implication, shall mean the latest standard speciFcation, manual, coda, law or regulation in effect at the time the Work is performed, except as may ba otherwise specifically stated herai n. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or d iscrapancy In the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shell obtain a written i ntarpratation or cl arificetion from the Project Manager; said intarprekation or clarification from the Project Manager may raq uira Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carafu lly compare such field measurements and conditions and other information known to Contractor with the Contract Docu mants before commencing any portion of the Work. 1.3 Drawings era intended to show general arrangements, design and extant of Work and are not intended to serve as shop drawings. Specifications era separated into divisions for convenience of reference only and shall not ba interpreted as establishing divisions for [he Work, trades, subcontracts, or extant of any part of the Work. In the avant of a discrepancy between or among the drawings. specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, tillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall ba furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface matari als to ba encountered; subsurface conditions; equipment and facilities needed preliminary to and during pertormanca of the Work; and all other costs associated with such performance. Tha failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor stroll it ba considered the basis for any claim for additional time or compensation. ze CAO Construction Services Agreamanr: [2023_vac2] 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities end utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall ba rasponsi bla for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Tha Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to ba coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions era encountered at the Project site which era (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as Inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have bean discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are d isfu rbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or lima req uirad for, pertormance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or lima for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different From those indicated in the Contract Documents or not of an unusual nature or should have bean discovered by Contractor as part of its investigative services, and that no change in the farms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of pertormance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 Tha Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Man eger, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. Tha Progress Schedule shall indicate the dates for starting and com plating the various stages of the Work. 3.2 Tha Progress Schedule shall ba updated monthly by the Contractor. All monthly updates to the Progress Schedule shall ba subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. Tha Project Manager's review and approval of the submitted Progress Schedule updates shall ba a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in affect. Unless otherwise specified, work will generally be 29 CAQ constrccuon services nareamenr. Izaza_�ar.z7 limited to the Flours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be pertormed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.7 Prior to submitting its First monthly Application for Payment, Contractor shall submit to Project Manager, for [hair review antl approval, a schedule of values based upon the Contract Prices, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall ba used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative antl attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and matarialmen submitted with Its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) tlays after the Commencement Data. Notwithstantling anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit ita invoice for any required Payment and Pertormanca Bontls prior to the first Application of Payment providetl that Contractor has fu rnishad Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been ag read to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other docu mantation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security Interests and encumbrances, together with evidence that the materials and equipment era covered by appropriate property insurance antl other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and matle a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professionap. After the data of each Application for Payment is stamped as received and within the timaframea sat forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Intlicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and ratu rn of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within tan (10) business days after the Application for Payment is 30 ConstruUlon Sorvicas AgraemanL [2023_vac9j_;[\(7 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainaga on the gross amount of each monthly progress payment in the amount of five percent (5 % ), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainaga at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainaga below the maximum amount sat forth in Section 255.076, Florida Statutes, shall be at the sole discretion of the Owner. Such retainaga shall ba accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainaga shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Pay mant, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's racaipi of payment in full for all materials, labor, aq uipment and other bills that are then due and payable by Owner with respect tc the currant Application For Payment. Further, to the extant directed by Owner and In Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has bean paid in full through the previous month's Application for Payment. Tha Owner shall not ba required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must ba spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schad ula. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall ba upd atetl as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as sat forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work partormed under this Agreement, Contractor shall continua to partorm the Work required of it under this Agreement pending rasol ution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute era due and payable. 4.11 Payments will be made for services fu rnishad, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 Tha County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 consvuulon services ggraomonr [zoz3_ver.a7 ('AU 5. PAYMENTS WITHHELD 5.'I Tha Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. Tha Project Manager may nullify the whale or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extant as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedlad; (b) third party claims filed or reasonable evidence indicating probable Filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can ba completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not ba completed within the Contract Tima; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other malarial breach of Yha Contract Documents by Contractor. 5.2 If any conditions described in 5.'I , era not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other faasj to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -sat the amount owed to the County by applying the amount owed to the vendor or contractor for services pertormad of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall ba defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT 6.'I Owner shall make final payment to Contractor in accordance with Section 2'18.735, F.S. and the ad ministrative .procedures established by the County's Procurement Services Division and the Clark of Court's Finance Department after the Work is finally inspected and accepted by Project Mariagar as set forth with Section 20.'I herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a pro early executed and notarized copy of the Ralaase and Affidavit attached as Exhibit C, as wall as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be req uirad by the Contract Documents and the Owner. Prior to release of final payment and final ratainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. B.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating To the Project, except 32 construction services s.greemam: [zoz3_vacz7 (.'AO those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the lima of final inspection. SUBMITTALS AND SUBSTITUTIONS. 7.'I Contractor shall carafu lly examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, fast results, schad ules and samples. Contractor shall submit all such materials at its own expense and in such form as req uiretl by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment era specifled or described in the Contract Documents by using the Hama of a proprietary item or The name of a particular supplier, the naming of the item is intended to establish the type, function and quality req ulratl. Unless the Hama is followed by words indicating that no substitution is permitted, materlals or equipment of other suppliers may ba accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed Is equivalent or equal to that Hamad. Requests for review of substitute items of malarial and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otharwlse mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately pertorm the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and ba suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in [ha Work will require a change in any of the Contract Documents (or In the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the su bstituta in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in avaluatin9 the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific maa ns, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, seq uance, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall ba the sa ma as those provided herein for substitute materials and equipment. consvucuon sana�a ngreamenc (zoza_varijCntt 7.5 Tha Project Manager shall ba allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will ba ordered, installed or utilized without the Project M'anagar's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. Tha Owner may require Contractor to furnish at Contractor's expanse a spacial partormanca guarantee or other surety with respect to any substitute. Tha Project Manager will record lima required by the Project Manager and the Project Manager's consultants in evaluating subsdtutlons proposed by Contractor and making changes in the Contract Documents occasionetl thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS. S. t Unless waived In writing by Owner, Contractor shall com plate antl submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. Tha daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.'I .'I Weather conditions showing the high and low tem paraturas during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.'I .2 Soil conditions which adversely affect the Work; 8.1.3 Tha hours of operation by Contractor's and Sub -Contractor's personnel; 8.1 .4 Tha number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract antl trade; 8.1 .5 All equipment present at the Project site, description of eq uipmant use and designation of time equipment was used (specifically indicating any down lima); 8.1 .6 Description of Work being partormad at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.'1.8 Materials received at the Project site; 8.'1.9 A list of all visitors to the Project S.t.'IO Any problems that might impact either the cost or quality of the Work or the time of partormanca. Tha daily log shall not constitute nor take the place of any notice required to ba given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amend mants, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in gootl order and annotated to show all changes 34 ConsVuctlon Sarvlces Agreement [2023_vac2] ('/\tl made during construction. Tha annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field Chang as that era made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes antl Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed Items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not lass than two (2) permanent features (a. g. interior or exterior wall faces). The annotated drawings shall be clean and elf ch angers, corrections and dimensions shall ba given in a neat and legible manner in a contrasting color. Tha "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work antl as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the data the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 779 and comply with specifically those contractual requirements in 779.0707(2)(a)-(b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT_ IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 179, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 702 Naples, FL 34'It2-5746 Telephone: (239)252-8999 Email: PublicRecordReg uastCg7colliercou ntvfl_gov The Contractor must specifically comply with the Florida Public Records Law to: 7. Keep and maintain public records required by the public agency to pertorm the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorised by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that era exempt or confidanti al and exam pt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable req uiraments for retaining public records, All records stored electronically must be provided to the public 35 GAtj ConsVuc[lon Sarvicea Agreement [2023_var.2] agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS 9.1 Contractor shall diligently pursue the completion of the Work and coord lnata the Work being done on the Project by its subcontractors and malarial -man, as well as coordinating its Work wish all work of others at the Project Site, so that its Work or the work of others shall not ba delayed or impaired by any act or omission by Contractor. Contractor shall ba solely responsible for all construction means, methods, tech niquas, sequences, and procedures, as wall as coordination of all portions of the Work under the Contract Oocumants, and the coordination of Owner's su ppliars and contractors as sat forth in Paragraph 12.2. herein. 9.2 Should Contractor ba obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the com mencamant of such delay, stating the cause or causes thereof, or ba deemed to have waived any right which Contractor may have had to request a lima extension. 9.3 No interruption, interterence, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such lima extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early com elation, as wall as to claims based on late completion. ' 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK_ 10.1 Owner shall have the right at any time during the progress of the Work to increase or aeoreaae the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emarg ency endangering life or property, or as expressly set forth harei n, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes com mencad without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will ba deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items era in fact not a change but rather are part of the Work required of Contractor hereunder. 36 CAi� Consfrucrlon Servlcea Agreement [2023_var2] 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall ba issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly pertorm cha ngas authorized by duly executed Change Orders. Tha Contract Amount and Contract Tima shall ba adjusted in the Change Order in the manner as Owner and Contractor shall mutually ag rea. 1 O.3 If Owner and Contractor are unable to agree on a Change Order for the requested cha nga, Contractor shall, nevertheless, promptly partorm the change as directed by Owner in a written Work Directive. In that avant, the Contract Amount and Contract Tima shall ba adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these Ganaral Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the avant a requested cha nga results in an increase to the Contract Amount, the amount of the increase shall ba li mitetl to the Contractor's reasonable direct labor and matari al costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is pertormad by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual eq uipmant costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall ba placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 Tha Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an eMension to the Contract Tima and not inconsistent with the infant of The Contract Documents. Such changes may ba affected by Field Order or by other written order. Such changes shall ba binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications era authorized. 11. CLAIMS ANO DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or intarpratatlon of the terms of the Contract Documents, payment of money, extanslon of time or other relief with respect to the terms of the Contract Documents. Tha term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11 .2 Claims by the Contractor shall ba made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the avant giving rise to such Claim or else the Contractor shall ba deemed to have waived the Claim. Written supporting data shall ba submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Constructlon Services Agreement [2o23_vac2] (^AC ) the avant, unless the Owner grants additional time in writing, or else the Contractor shall ba deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 1 0.4. 11.3 Tha Contractor shall proceed diligently with its pertormanca as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continua to make payments in accordance with the Contract Documents during the pendency of any Claim. i F 1� S � 71 � c;��C>;;iill 12.1 Owner may perform other work ral sled to the Project at the site by Owner's own forces, have other work partormed by utility owners or let other direct contracts. If the fact that such other work is to be pertormed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior <o starting any such other work. If Contractor believes that such pertormanca will involve additional expanse to Contractor or require additional lima, Contractor shall sand written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to sand the above required forty-aig ht (48) hour notice, the Contractor will ba deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owners employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly con Hatt and coordinate its Work with theirs. Contractor shall do all cutting, Fitting and patching of the Work that may ba required to make its several parts coma together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibil itias of Contractor under this paragraph era for the benefit of such utility owners and other Contractors to the extant that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractors Work depends for proper execution or results upon the work of any other contractor or utility owner Cor Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failu ra to report will constitute an acceptance of the other work as fit and proper For integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extant permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damag as, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extant caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone am ployad or utilized by the Contractor in the partormanca of this Agreement. 13.2 Tha duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimata liability of the Contractor, Owner and any indamnifled party. Tha duty to defend arises immediately upon presentation of a claim by 3H cons[rucnon sarv[ces nareomanc Izoz3_var. CLl�O any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article '13 will survive the expiration or earlier termination of this Agreement until it (s determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. '13.3 Contractor shall obtain and carry, at all times during its pertormanca under [ha Contract Documents, insurance of the types and in the amounts sat forth in the Insurance and Bonding Recu'remants form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the farms, conditions, requirements and obligations set forth under Exhibit B-3. '14. COMPLIANCE WITH LAWS. '14.1 Contractor agrees to comply, at its own expanse, with all federal, state and local laws, codas, statutes, ordinances, rules, regulations and req uirements applicable to the Project, Including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents era at variance therewith, it shall promptly notify Project Manager In writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain Perms in this Agreement in order for this Agreement to ba enforceable, such terms shall ba deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the cgntrary, it is understood and ag read that in fha avant of a change in any applicable laws, ordinances, rules or regulations su bseq ueni to fha date This Agreement was executed that increases fha Contractor's Lima or cost of partormance of fha Work, Contractor is entitled to a Change Order for such increases, except to the extant Contractor knew or should have known of such changes prior to the data of this Agreement. '14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with fha provisions of fha Immigration Reform and Control Act of '1986 as located at 8 U.S.C. 1324, at s�7ca � and regulations rel sting thereto, as either may ba amended. Failure by the Contractor to comply with fha laws referenced herein shall constitute a breach of this agreement and the County shall have fha discretion fo unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by fha Immigration laws of fha United States and tc employ only individuals who are eligible to work in fha United States, Including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by fha Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Intarnet- basad means of verifying am ployment alig ibility of workers in fha United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Raquast for Proposals (RFP) including professional services and construction services. Contractors /Bidders era required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of fha submission of fha Contractor's/bidder's proposal. Acceptable evidence consists of a copy of fha properly completed E-Verify Company Profiles page or a copy of the fully executed E-Verify Memorandum of Understanding for fha company. Contractors era also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. Tha affidavit is attached to fha solicitation documents. 38 ConaVudlon Services Agroament [2023_vac2] �•^(� Additionally, Contractors shall require all subcontracted Contractors To use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following wabsite: htto://www.d hs oov/E-Verifv. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1988 as located at 8 U.S.C. 1324, � sac. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firms) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 16. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as wall as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surtace or subsurtace improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents'to ba removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition aquas to that existing at the time of Contractor's commencement of the Work. 1B. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part tharaof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part tharaof, it shall require that its assignee ba bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. '17. PERMITS. LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obta lned by Subcontractors. 40 conao-ucnon s®r.rires ngraam®nr. [zoza_ver.zt L-/gyp 17.2 All permits, fees and licenses necessary for the prosecution of the Work which era not issued by Collier County shall ba acq uirad and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which era applicable during the performance of the Work. '18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall ba considered cause for Owner to terminate the Agreement, in whole or in part, as further sat forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the [Ima specified herein; or (2) fails to properly and timely partorm the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) partorms the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (8) fails to resume Work which has been suspended within a reasonable lima after being notified to do so; or (8) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied For more than tan C1 O) days or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ord inancas, ru las or regulations with respect to the Work; or (1 O) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's dafault(s). If Owner determines that Contractor has not remedied and cured the defaults) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may ba consented to by Owner in writing antl in its sole discretion, than Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may ba entitled to hereunder or by law, may terminate Contractor's ng ht to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts antl purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or. agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not ba entitled to receive any further payments hereunder until after the Project is completed. All moneys expanded and all of the costs, losses, damages and extra expenses, including all management, administrative antl other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damag as incurred by Owner incident to such completion, shall be deducted from the Contract Amount, antl if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditu ras and damages incurred by the Owner to com plate the Work, such excess shall be paid to the Contractor. The amount to be paid to tM1a Contractor or Owner, as the case may ba, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expanses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions ware necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore ai cc„svucuon se..��s ngreamauc Izozs_veczt C/�� or ra-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies erg alnst Contractor provided haraih, than the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill soma material obligation owed by Owner to Contractor ender this Agreement, and (iij Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its pertormance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop pertormancs under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons pertorming portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to tarmin eta this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work partormad through the termination data, but in no event shall Contractor be entitled to payment for Work not pertormed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE ANO RIGHT OF SI.IS PEN SIO N. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such farm ination For convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainaga withheld and reasonable termination expanses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not partormad. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not lass than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures sat forth in the Contract Documents. In no avant shall the Contractor be entitled to any additional com pensatlon or damages. Provided, however, if the ord erred suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 Whan the aniire Work (or any portion thereof dasig Hated In writing by Owner) is ready for its i ntandad use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does as constrecuon services nsmemenr. Izoza_ver.a7 � : AO not consider the Work Cor designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or dasig Hated portion) substantially complat¢, Project Manager shall pr¢para and deliver to Contractor a Cartificat¢ of Substantial Com elation which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or dasig Hated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to com plate or correct items on the tentative punch -list. Tha Project Manag¢r, shall coordinate with the Contractor th¢ return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is com plated in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and D¢sign Professional will make such inspection and, iF th¢y find the Work acceptable and fully pertormad under the Contract Documents shall promptly approve payment, racomm¢nding that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been com plated in accordance with the terms and conditions of the Contract Documents, that the entire balance found to ba due Contractor is due and payable. Neither the final paym¢nt nor the refainaga shall become due and payable until Contractor submits: (�) Racaipt of Contractor's Final Application for Payment. (2) The Ralaasa and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. - (5) If raq uirad by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extant and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to th¢ Work's acceptability, even though the Design Professional may have issued Its racomm¢ndations. Unless and until the Owner is completely satisfied, n¢ither the Final payment nor the rats inag¢ shall b¢come due and payable. 21. WARRANTY. 2'I .'1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material man supplying materials, equipment or fixtures to ba incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment Furnished under the Contract Documents shall be applied, installed, connact¢d, erected, used, cleaned and conditioned in accordance with the instructions of the applica bie manufacturers, fabricators, suppliers or processors except as otherwise provided for In the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to b¢ defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after r¢cei pt of written notice from Owner. Contractor shall also ba responsible for and pay For replacement or repair of adjacent materials or Work which may ba damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may comrnenca to correct any defective Work, without prior notice to Contractor, at Contractor's 93 consxmur�on semcoa nsraamanc Izoza_vor.z�i ^� expanse. Those warranties are in addition to those implied warranties fo which Owner is entitled as a matter Of law. 2'1.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another raprasantetiva of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. Tha Contractor's Reprasantative shall be present at the lima of inspection antl shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall ba grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.t Owner, Oasign Profesaional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, Inspection antl testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Oocumants or any codas, laws, ord inancas, rules or rag ulations of any public authority having jurisdiction over the Project requires any portion of the Work to ba specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, teatin9 or approval. All inspections, lasts or approvals shall ba performed in a manner and by organizations accapta bla to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for ra-inspection fees and coata; to the extent aeon ra-inspections era due to the fault or neglect of Contractor. 22.4 If any Work that Is to ba inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, ba uncovered for observation. Such uncovering shall ba at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work Is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, ba uncovered for Project Manager's observation and ba replaced at Contractor's sole expanse. 22.5 Tha Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expanses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day antl for any work pertormed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to pertorm the Work in accordance with the Contract l7ocumants. 23. DEFECTIVE WORK. 23.'I Work not conform in9 to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall ba deemed defective Work. If required by Project Manager, as Conatructlon Services Agreement [2023_var21 C�AO Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or com plated, or if the defective Work has bean rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not othanivisa required to be inspected or tasted, Contractor, at Project Manager's raq uest, shall uncover, expose or otherwise make available for observation, inspection or teats as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, malarial and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and conseq uantial costs of such uncovering, exposure, observation, inspection and tasting and of satisfactory reconstruction (including, but not lim itad to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall ba entitled to an appropriate decrease in The Contract Amount. If, however, such Work is not found to ba defective, Contractor shall ba allowed an increase In the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, Inspection, tasting and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the com plated Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall ba exercised, if at all, solely for Owner's benefit and nothing herein shall ba construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's bast interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall ba executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project M anagar or Owner, or if Contractor fails to partorm the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not ba required to give notice to Contractor in the event of an emergency. To the extant necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services rel sled thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and aq uipment stored at the Project site or for which Owner has paid Contractor but which era stored elsewhere. Contractor shall allow Owner, Design Professional and [hair respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement [2023_vec2] r , ��t, of Owner in exercising such rights and remedies shall ba charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract -Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consaquantial costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necassa ry to partorm the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to ProjecT Manager except under axtraortl inary circumstances. Tha su perintandant shall ba employed by the Contractor and ba the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who era assigned to the Project; such identlFad parson nal shall not ba removed without Owner's prior written approval, and if so removed must be immediately replaced with a parson acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damag as, separate from the liquidated damages described in Section S. B, for services not rendered. 25. PROTECTION OF WORK_ 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall ba daducfed from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will andang er the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall im mediataly notify Project Manager and Design Professional. The Owner or Design Professional as COnatmctlon Services Agreemanl [2023_vac2] c-n l i shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES 26.'I In the avant of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without spacial instruction or authorization from Owner or Oasign Professional is oblig atad to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-aig ht (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Oocumants have been caused thereby. If the Project Manager datarm Ines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right It otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.t Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Oocu manta and other (ands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably ancum bar the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the pertormanca of the Work. 26. SAFETY. 28.'1 Contractor shall ba responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1 .'I All employees on or about the project site and other persons and/or organizations who may ba affected thereby; 28."1.2 All the Work and materials and equipment to ba incorporated therein, whether in storage on or off the Project site; and 28.'I .3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any untlarg round structures or improvements not designated fnr removal, relocation or replacement in the Contract Uocu mants. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of parsons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safag wards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 4J Conatructlon Sarvlws ABreemenT [2023_ver.2j 1(\/i Contractor's duties and responsibilities for the safety and protection of the Work shall continua until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective �avice Coordination and Arc Flash Studios where relevant as determined by the engineer. All electrical installations shall ba la baled with ap propriata NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall dasig Hate a responsible representative located on a full time basis at the Project site whose duty shall ba the prevention of accidents. This parson shall ba Contractor's superintendent unless otherwise dasig Hated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances era strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other Frearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event., Contractor shall comply with the following: 28.5.'I All Owner facilities era smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall ba provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the dasig Hated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise dasig Hated, from lima to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal Injury, economic loss or damage to Owner's facilities or personal property therein; as Conshuc[ion Services Agte¢menU [2023_vsr.2] C.� �� 28.5.8 Tha Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may ba modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend apre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submiftals, and For processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may ba directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has im plemanted a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will ba evaluated on their pertormanca upon completion/termination of this Agreement. 3'I. MAINTENANCE OF TRAFFIC POLICY. For all projects that era conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (M UTCD), where applicable on local roadways and as prescribed in the Florida DepartmanY of Transportation's Design Standards (OS), where applicable on state roadways. Thasa projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies era available through Risk Management and/or Procurement Services Division, and is available on -ling at colliargov.naUpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTC D, FDOT Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar with their raq uiraments. Strict adherence to the raq ulremants of the Maintenance of Traffic ("MOT") policy will be anfo rcad under this Contract. All costs associated with the Maintenance of Traffic shall ba included on the line item on the bid page. If MOT is required, MOT is to ba provided within tan ('I O) days of receipt of Notlee of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE, 32.'I Contractor shall pay all sales, consumer, use and other similar taxes assoclatetl with the Work or portions thereof, which are applicable during the pertormanca of the Work. No markup shall ba applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as sat Forth in section 32.2 below: ae co�svmnon sa,.acas naraomenr [zoz3_var.zl L.np 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and aq uipment included in [ha Work ("Direct Purchase"). Contractor shall prepare purchase orders To vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in Implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will ba made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Ortlar shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, Inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwith stantling anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim ag ainat the manufacturer or supplier of such Direct Purchase, upon request From Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have From any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder raprasanis and warrants that iY is aware of its statutory responsibilities for sales tax under Chapter 2'12, Florida Statutes, and for its responai bilities for Federal excise taxes. 33. SUBCONTRACTS. 33.2 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determ ina the breakdown and composition of bid packages for award of subcontracts, based on the currant Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of savarability, sequencing effectivanass, access and availability constra lnts, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is pertorming, furnishing, supplying or providing any portion of the WorK pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors partorming any portion of the Work on this Project must ba "qualified" as defined in Collier County Ordinance 20'13-69, meaning a parson or entity that has the capability in all respects to pertorm fully the Agreement raq uiramants with respect to ita portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to uti liza for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 60 Corm[rvc[lon Services Agreement. [2023_vac2] �:�� The list identifying each Subcontractor cannot ba modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to ba self-partormad by Contractor must be approved In writing by Owner in its sole discretion prior to commencement of such work. Contractor snail continuously update that Subcontractor list, so that it remains current and accurate throughout tna entire pertorm ante of the Work. 33.4 Contractor snail not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not ba required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor pertorming any portion of the Work, as wall as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall ba in writing and era subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase ortlers shall ('I) require each Subcontractor to be bound to Contractor to the sa ma extant Contractor is bound to Owner by the terms of the Contract Documents, as those farms may apply to the portion of the Work to ba pertormad by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon tarmin anon of Contractor, (3) provide that Owner will be an additional intlamnifiad party of the subcontract or purchase order, (4) provitla that Owner, Collier County Government, will ba an additional insured on all liability Insurance policies required to be provided by the Subcontractor except workmen's compensation and business automobile policies, (5) assign all wawa ntias tllrectly to Owner, and (6) idankify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents- available to its sub - subcontractors. 33.5 Each Subcontractor pertorming work at the Project Site must agree to provide field (on -site) supervision through a Hamad superintendent for each trade (e. g., general concrete forming antl placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and Hama a qualified employee for scnaduling direction for Its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within [he last five years. Tha Subcontractor snail include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing. all subcontracts and purchase orders shall provide: ' 33.6.'I Tnat the Subcontractor's exclusive remedy for delays in the pertormanca of the subcontract or purchase order caused by events beyond its control, including delays claimed to ba caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall ba an extension of its contract time. 33.B.2 In the avant of a change in the work, tna Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than '10 for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract s\ Cons\ruc4on Services A9r¢amanL [2023_vec2]`��y price, damages, losses or additional compensation. Fu rthar, Contractor shall require all Subcontractors to similarly incorporate the farms of this Section 33.6 into Their sub -subcontracts and purchase orders. 33.6.4 Eacn subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must ba submitted to Contractor within the lima and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a currant basis, all Project files and records, Including, but not limited to, the following administrative records: 34.1 .1 Subcontracts antl Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1 .4 Equipment Purchase/Delivery Logs 34.1 .5 Contract Drawings and Specifications with Addenda 34.1.6 Werra ntias and Guarantees 34.1 .7 Cost Accounting Records 34.1 .B Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1 .11 Cost Proposal Request 34.1 .12 Payment Request Records 34.1 .13 Meeting Minutes 34.1 .14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1 .16 Lab Test Reports 34.1 .17 Insurance Certificates and Bonds 34.1 .16 Contract Changes 34.1 .19 Permits 34.1.20 Malarial Purchase Delivery Logs 34.1 .21 Technical Standards 34.1.22 Design Handbooks 34.1 .23 "As -Built" Markatl Prints 34.1.24 Operating &Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1 .27 Correspondence Filers 34.1.26 Transmittal Records 34.1.29 Inspection Reports 34.1 .30 Punch Lisfs 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler] Filers of Outstanding Requirements The Project files and records shall be available at all limas to Owner and Design Professional or their desig Haas for reference, review or copying. 52 cons:rucuon s®rmcas wareamenc [zoza_var.zl �.AO 34.2 Contractor Presentations At the discretion of the County, the Contractor may ba required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) limas per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to ba determined by the County Manager or his designee. Prior to the scheduled presentation data, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but noY be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsi bla for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division For all employees that shall provide services to the County under this Agreement. This may include, but not be Il mited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each am ployea and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while partorming services on County facilities and properties. Contractor ID badges are valid for one (1) year from the data of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via a -mail (DL-FMOPSCc7 11"e t fl ov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being pertormed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating tc or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All proJacts with an estimated cost of $'10 million or more shall be reviewed for consideration of a Values Engineering (VE) study conducted during project development. A "project" shall ba defined as the collective contracts, which may include but not be limited to: design, canstru coon, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construcllon Services AgreemenF. [2023_var.2] �_lr l7 38_ ABOVEGROUND/UNDERGROUND TANKS 38.7 Tha contractor shall ensure compliance with all NFPA regulations: specifically 770 & 30/30A; FDEP chapter 62 regulations: specifically 767, 762, 777, and 780; 376 & 403 Florida Statutsa; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid &Hazardous Wastes Management Department (SHWMD) prior to the installation, removal, or mai ntana nce of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. Tha contractor shall provide a 70 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. Tha contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. Tha Contractor shall employ people to work on Owner's projects who era neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may raq uira the Contractor to remove an employee it deems careless, incompetent, insubordinate or othenrvisa objectionable and whose continued employment on Owner's projects is not in the bast i ntarast of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any sattlament reached during nagotiatlons to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any sattlament reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as req uirad hereunder, the other party may obtain a court order requiring mediation under Section 44.702, Fla. Stet. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Ag�eamant [2023_ve! 2] � � EXHIBIT 1: 3U PPLEM ENTAL TERMS AND CONDITIONS ® Attached hereto, following this page Not Applicable ss Conslmction Services Agreement 12023_ver 2] EXHIBIT I: SUPPLEMENTAL TERMS AND CON �ITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 � ��p