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Agenda 2/14/2023 Item #16C 5 (Work order to complete the Trail Boulvard Water Main Replacement Phase 4 Project)16.C.5 02/ 14/2023 EXECUTIVE SUMMARY Recommendation to approve a $543,965 Work Order for a Request for Quotation ("RFQ") under Agreement No. 20-7800 to Kyle Construction, Inc., authorize the Chairman to sign the Work Order to complete the Trail Boulevard Water Main Replacement Phase 4 project, and authorize the necessary budget amendment. (Project No. 70181) OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently by providing a compliant and reliable potable water system to residents along Trail Boulevard. CONSIDERATIONS: The proposed scope of work under Project No. 70181, "Trail Boulevard Water Main Improvements Project," is consistent with the FY2023 Budget approved by the Board on September 22, 2022. The Board Approved Phase 1 of this project on January 24, 2017 (Agenda Item 16.C.1.), which included relocating and adjusting portions of the existing water main along Trail Boulevard to accommodate the FDOT drainage improvement project along US-41 and Trail Boulevard. The Phase 1 project was completed in the Spring of 2017. Phases 2 and 3 were approved by the Board on December 14, 2021 (Agenda Item 11A) and included the replacement of the cast iron water main and installation of additional water main. The project also eliminated several water main crossings underneath US-41, which were difficult to maintain. Phase 4 includes the replacement of an existing cast iron water main along Trail Boulevard. The cast iron water main was installed in the late 1970's, has reached the end of its useful life, and needs to be replaced. This project provides additional potable water reliability, enhances water quality, and improves the fire flows available to the northern portions of the Collier County Water -Sewer District. On June 23, 2022, the Engineering and Project Management Division sent an e-mail to all nine firms under County Agreement No. 20-7800 for "Underground Contractor Services," requesting a quote for the construction of the Trail Boulevard Water Main Improvements Phase 4. The County received quotes back from five of the contractors by the July 8, 2022, deadline as summarized below. RESPONDENTS: Company Name City County ST Total Bid Responsive/ Responsible Kyle Construction, Inc. Naples Collier FL $543,965.00 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $696,848.00 Yes/Yes Mitchell & Stark Construction Co. Inc. Naples Collier FL $919,868.00 Yes/Yes Quality Enterprises USA, Inc. I Naples I Collier I FL 1 $981,363.00 1 Yes/Yes Cougar Contracting, LLC I Fort Myers I Lee I FL 1 $1,182,599.70 1 Yes/Yes Staff determined all the bidders to be responsive and responsible and found Kyle Construction, Inc. ("Kyle"), a Collier County company, to be the lowest responsive and responsible bidder. No quotes were received from PWC, Inc., Southwest Utilities, Inc., Coastal Concrete, Inc., and Haskins Inc. Staff and engineering consultant, Johnson Engineering, Inc., determined the lowest bid is fair and reasonable, and recommends awarding the contract to Kyle. Kyle's quote is approximately 2.2% above the engineering consultant's $531,740.00 opinion of probable cost. FISCAL IMPACT: The source of funding is the water user fee, Fund 412. A budget amendment in the amount of $250,000.00, is necessary to reallocate funding from projects within the Water Capital Project Fund (412). Annual operating costs for this replacement water main are expected to remain the same or decrease. Packet Pg. 903 16.C.5 02/ 14/2023 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, approves an award of a $543,965 Work Order for a Request for Quotation under Agreement No. 20-7800 to Kyle Construction, Inc., authorizes the Chairman to sign the Work Order to complete the Trail Boulevard Water Main Replacement Phase 4 project, and authorize the necessary budget amendment. (Project No. 70181) Prepared By: Diana C. Dueri, Project Manager III, Public Utilities Engineering and Project Management Division ATTACHMENT(S) 1.2022-07-13 - Bid Tabulation (Trail Blvd Phase IV) (PDF) 2.2022-07-13- JEI Recommendation Ltr (Trail Blvd Ph 4) (PDF) 3. TRAIL BLVD Bonds (PDF) 4. Trail Phase 4 RFQ (PDF) 5. Work Order Kyle Const Trail Blvd Phase 4 CAO approved 122122 (PDF) 6. Trail Phase 4 Bid Kyle (PDF) Packet Pg. 904 16.C.5 02/ 14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 24143 Item Summary: Recommendation to approve a $543,965 Work Order for a Request for Quotation ("RFQ") for Agreement No. 20-7800 to Kyle Construction, Inc.; authorize the Chairman to sign the work order to complete the Trail Boulevard Water Main Replacement Phase 4 project (Project No. 70181) and approve the necessary budget amendment. Meeting Date: 02/14/2023 Prepared by: Title: Project Manager — Public Utilities Planning and Project Management Name: Diana Dueri 12/22/2022 10:24 AM Submitted by: Title: Director — Public Utilities Planning and Project Management Name: Matthew McLean 12/22/2022 10:24 AM Approved By: Review: Water Pamela Libby Additional Reviewer Public Utilities Planning and Project Management Benjamin Bullert Water Howard Brogdon Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Public Utilities Operations Support Katrina Lin Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Catherine Bigelow Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Gilbert Moncivaiz Public Utilities Planning and Project Management Matthew McLean Public Utilities Department Public Utilities Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Drew Cody Level 1 Division Reviewer George Yilmaz Level 2 Division Administrator Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Susan Usher Additional Reviewer Amy Patterson Level 4 County Manager Review Completed 12/22/2022 10:31 AM Additional Reviewer Completed 12/22/2022 2:11 PM Completed 12/22/2022 2:49 PM Completed 12/27/2022 10:48 AM Completed 01/05/2023 2:06 PM Completed 01/06/2023 9:38 AM Completed 01/10/2023 12:29 PM Completed 01/11/2023 2:39 PM Additional Reviewer Completed 01/19/2023 10:08 AM Additional Reviewer Completed 01/20/2023 7:54 AM Completed 01/24/2023 8:21 PM Completed 01/25/2023 1:05 PM Completed 01/26/2023 8:52 AM Completed 01/26/2023 9:08 AM Completed 01/26/2023 10:56 AM Completed 02/02/2023 1:57 PM Completed 02/06/2023 11:23 AM Packet Pg. 905 16.C.5 02/ 14/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 02/14/2023 9:00 AM Packet Pg. 906 A (q asegd;uemeoeldeN UIBW JaIeM PAIS 11ea1 : fi4L4Z) (Al asegd PAIS I!ejl) uol;eingel pe - CI,-LO-ZZOZ .Iuawgoegy W o❑ o❑ O 0 O O 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 00 0❑ o0 0 0 O O U O N N Ih t0 N O W N O V O tD U M O Ih N C In MHO a�nLnrnaMaonmrn aO IO N aOo o ll N N o n ❑ N N N V M W 1� V N V � ❑ N N N I� O Z ❑ Z FW X W W X W E9 Vi E9 0 W IG U V W V 0 of Itl 0 0 0 0 m N M 0 0 0 0 N IG O 0 0 0 0 G t0 0 0 0 0 tG W 01 0 0 0 0 C O O 1� 0 0 m r 0 0 (A o 0 0 m N a [V I� N N N aD O V Ci 0 a r M v M a r Z Eli - - - - - - - - - -1 Z fA Vi fA W O N O O M n O O g 0 O O 0 M O O M O O OA O O O W K O b N N r O O W li M N C aD M N M M N V OJ N N a V O� IG c� W t9 N t0 N t0 n N 1� tC N a N W N� N V 2 Z F F W W to Hi Hi Eli b9 H to H H H f9 Vi H Vi EA ui EA O O O O N r O O O O W W O O O O O W O O O O O 2 O O O O 11. 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N Z W xr W N Hi M 4i Vi Vi Vi Yi Vi Vi fA N Hi M O O O O O O O O O O O O O O O O O O O O O J O Q W U a o ro O 0 0 N 0 0 0 0 N 0 0 (R W 0 W O o 00 r 2 - -Eli---H H--- N Z O_ J W m W W W W W W r Z � J r LL W J N ZFZ ' W � ❑ J U N O C y c c W vO '� O « a y v a z y a @ G J J J J x@ d w d M n M m 3 c o v ❑ j _`o q II II II II t y � � M > W W W W oD d > q t N y m Ir N O O O O O > m ?�X p d , U 6 a C U C❑ N y M V r R C N >° U L d C❑❑❑❑ C= K@ r Q d @ F[I e MV:2 W O o 0 0 0 0 i ❑ Z o a m IIo cq mfO N N V H X M O o to EA Vi to O O O O O J O O Q i� O O m Z N Z r _O r r N H r Z M Q � ISO ry ❑ w 3 0 Z T @ F U � T ❑ > O ❑ � O y C U @ x W @ y c o > G7 Q U m a (9 K Q VN to Tfle r z 0 3 SINCE 1946 ENGINEERING July 13, 2022 Via Email Only to: Dueri.Diana(d,colliercount�fl.gov Mrs. Diana Dueri Collier County Public Utilities RE: Low Quoter Recommendation for Collier County Contract # 20-7800 Project: Trail Boulevard Water Main Replacement — Phase 4 Dear Mrs. Dueri: The opening of the quotes received for the above -referenced project took place on Friday, July 8, 2022 at 3:00 p.m. Collier County provided the quotes submitted prior to the deadline to Johnson Engineering, and we performed an evaluation of the results. Our recommendation is contained herein. The responsive quoters and their quote amounts submitted are listed below from lowest to highest: QUOTER OVERALL QUOTE AMOUNT Kyle Construction $543,965 Douglas N. Higgins, Inc. $696,848 Mitchell & Stark $919,868 Quality Enterprises USA $981,363 Cougar Contracting $1,182,599.70 For comparison purposes, Johnson Engineering provided Collier County with an Opinion of Probable Construction Cost in the amount of $531,740. Following the quote opening, Johnson Engineering prepared the Quote Tabulation which includes an analysis for mathematical errors and one error was found on Cougar Contracting's quote in the amount of 30 cents. This error does not change the project low bidder. The results of the Quote Tabulation show Kyle construction as the lowest bidder. Collier County and Johnson Engineering have past work experience with Kyle Construction, and they are reasonable and have provided a responsive quote. Subject to concurrence with Collier County's Purchasing and Contracts Administration Division, and Kyle Construction furnishing the appropriate contract requirements, we believe the selection of Kyle Construction by Collier County for the intended work contained within the bid documents to be the appropriate choice. Should you have any questions, or require additional information, please let us know. Sincerely yours, Michael Dickey, P.E. MSD/ljb Project Manager 2122 Johnson Street . Fort Myers, Florida 33901 (239) 334-0046 .www.johnsonengincering.com Packet Pg. 908 16.C.5.c this exhiblit is not appliesble HIBIT -2 PUBLIC PERFORMANCE BOND Bona Ito_ MIC63 .- antract N0_ 20-7800 KNCWALL NACN BY THESE PRr_E T . That Lie Construction, Inc_ . Principal, and Merchants Bo.n ing_--ompany (Mutual) , as Surety, located at_6ZQO Westow n Parkway, VWst De _ oines, Iowa 50266 (Susiness Addre s. ) are held and frrrxs ou #u - -- Flve H€�ndr arty Three _oilier Dort as Oblige in the 5tim of_ fi�� .R a�a 9 rA L (S 5 , 65.00 .) forte payment whew-6i; we band our-selves,.aDu - delis, exec+ r5, pumural representatives. successors and ;Osstgrvs, jointly errd severally. WFS E RJ=-A , Prirtcipal hes entered into a contract -dated asi -of the day of ...__ 2 .. With othge for T ail Boulevard 1 atermain ReplacementPhase in accordance w th drawirigs and spaoi0c211ons, which c❑n#ractar is incorporated by reference and rnade a pat hereof, and is referred to as the Contract, 7HE CON D TION OF THI S BON D is that -if Pnnclpal: I . Performs the Contract at the Vmes and in the manner prescribed ist the Contract, and 2. Pays Oblige ariy and a#I losses, damagE s, costs and attorneys'fees thtit Oblige asa the because of any defaolt by Frincipal under the Contract, including, but riot Iirnited to, an delay damages, whether liquidated oracWal, trscurred by Oblige, and . Performs the guarantee of all work and materials f irrrislted under the Gontract for the tune specified in the Contract. then this bond is void; otherwise it ren inns in full farce. Any changes iri'Ur under the Contract and compliance or noncompliance wKh any farmalities cormectold wish the C+ardmcl or the changes do not aff e3f es -obligation under #his bond, '"Erie Surety, far value received, hereby $UpuWes and agrees that no cttange5r extensions ct tune, alternatons a r Wdi# ns to the terrns of ttte Contract or other work to -be performed hereunder, or the sp6cii'ication-S referred to therein sh.df f to anywise affect its .obligampons under th is'bond, and k does of any such changes, extenAons of time, alternations or additions to the term of the Contract cr to -work or to the ri,poe is ations, Rage 22 of 33 Mu�v-ce;nvamntAward.Ar,Fe-WRM [Ml—Wrls Packet Pg. 909 16.C.5.c This instmment shall be construed in all respects as a commons law bond. €t is expressly understood ?hat the tirne ProvRsions.ar#d statute. of lirdfatiGns under Seclorl 2,55.05, Flcddl i Statutes,,5faaA not -apply+ to this bond. In no went will the Surety be 11ab[e in the aggregate to Oblige for more than the penaf SUM of this Performance hand re ardf&ss of the number of suds that may be filed by Oblige. W WITNESS WHEREOF. the above parties have executed #his instrurnent this 28th day of� N ove m he € { T the narne of each Pad being afixed and these presLnts duly signed by its undemigned repmsgntarve, Pulzuant.to auihchty of rpa goveTTfing body. Signed, sealed and deliverad in the preseruce of M. I ATE OF COUNTY OF _ The fore oEp1n"Mant vacs ackdowl-adged before one by rnwrk5 of Aiyslcal presence OF 0onitrEe nota ' ion, thE5 of 20by of a corporation, cm behalf of the rorXsaflon. Hersh is mqonaa1LV k ovi+ to rm OR has produced ,as Mentilecation and chid (did clot) take -an oath. My Commission Expires, (.AFFIX OFFICIAL SEAL) TOCIAhUL}ALINAM +Y dR � rwu7 fUL�L�O �,"11VA&&A.- - (Signalure of Nomy M5 1'a'sme of-Fbrida) blame} j a Rio L. I;n - 70%OL— (Legibly Pair-Aed) Notary Ptiblic, State of -( ggmmissCori Na- Page 23 of 33 MLML-Conlra=r Award Agreemena PG24_vu.11 a) ns a t c m E a� ns a m c M a� r M 00 M L H M N Packet Pg. 910 16.C.5.c ATTEST- SURETY., Wetness ss to Sri rety STATE op Florida COUNTY OF Lee MERCHANTS BONDING COMPANY (MUTUAL) {Printed Marne) (Bud ness Address) (Authofted ignat,ure) (PdriWd Marne) F.470 Lid,( +4 .40mar ir~ M (Attach Power of Aftrney) VTC Insurance rou 6820 Porto Fino Dire e Fort Myers, Florida 33912 (Businm Address) Wendy L Hingson, Attorney-1 n- Fact and Florida Resident pert (239) 275-8226 (Pdnted flame) (239) 275-822 (7slephone Number) The fOregoing instrurn rit way acknowledged before me by dears of M physical p noe 0r [] Online notarization, this 28th of November 2022 . by Wendy L Hingson, _ _. Attorne -In- F Cf Flarc,�l; B:ntlL�� Cempan (Fk'W22 r etQ Iowa � �ratlor7, OR behalf. of the COr�]orarRDlz, )Wshe €s.Pexsonally khown to Me .Oil has -p raadu as ider liffcaftn and AX(did not) take an oath - My ommission'Expire: � ( guature 0f Notary. Public -state of n a) Name: Dawn M 0 nzo (AFPIX OFFICIAL SEAL) (Legibly €76rAed) Notary Public, State a Florida Nowt' Public5taft Cl Florida Oi mitsion Flo., Ca 8 8505 Qamt M Onzo My CDmwi sinn GG $28505 EXPIP" 0&41F2023 page 24 of 33 AILAb-Camrac[acAward AV"map_[j203i_vj�r_q a Packet Pg. 911 16.C.5.c 1L1 this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No, =6 o66 Contract No. 20-7800 KNOW ALL MEN BY TH ES E PR ES EWT ; That. -Kyle onstruction. Inc. as Principal, artd n d i n q Com oan M utuai as Surety, located ate 6700 Westawn Parkway, West Des Moires Iowa 50266 8t�si[teas Address) #a �� _-., " ,.. as b ge id the sure of —__ FmJr dare helive DoFars and d �rndNirc Hit ad cu.rxd for the payment whereof We bind ours -elves, oar heirs, exe"tor , pe -nal representatives, successors and assigns,Jo3ntly and severally. WHER EAS, Pr QdPal has entered into a oon"ct dated -as of the —day of 20 with Oblige for Trail Boulevard Wa#ermain Replacement Phase 4 in accordance with drawings and spedlcafions, whia contract is incorporated by r&erenoe and made a part hereof, and is referred to as,ths contract. TIDE CONDITION 0 P 7H IS SON is that if Principal - Promptly makes payment to alt cfairnarits as defihed irr Section 255_05(j), Florida Statutes, supplying Principal with labor. MAter[als or srjpplI�es, used direr tljr or inrfirectJy by Prir,c;pal in fhb prosecution of the work provided for In the contract, then this bond is void: otherwise it rernains in full farce. Any chenges in or under the Gontmct and compliance or rioncompliance with any fbrmafities connected with the Contract or the changes do not a ffect sureties' obligation Under this Bond - The Provisions of this bond are -subject to the untie liM- itatiOns of- ection .255.0592, 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 slits that may be filed by plaimartt . IN WITNESS WHEREOF. the above parties have executed this inMrurnentihi 28th day of _.NoveMLey. -, 2022, the mare of under -signed represeititative, pursuant to authority of its governing body. Page y9-af 33 MUQ1-CorrzaCtG- AWBA13 Agr"m43M [242.i_ er. i! Packet Pg. 912 16.C.5.c Signed, sealed and daliverecf PE21NVIPAT - ST'FE OI' ccuNTY-oF The foregoing instrument was acknovdedged before ripe Eby means o� �'pftysical Presence or a OnIlRe nota ation,�flhiS of Q rr r -,as of a " T cOePoratian, on behalf of the. o:wMraiion. Helshe. is personally no n to me OR has .produced as identiftcaUon and did (did not take -an aatl-4 y Cornmf inn Expires, .AMC &Foq 1`y ,,,�y�j�+ �y�� (Signat of N ry l�bl c-State-of Florida) 1 OM rY MLINkROSA Flamer. � � IriYGOMhl15510HG309547 (Legibly, Pflntett) "d EMRF°uC,Na1y7, a (A IQh&pngeuE,ae,nl�ers Nryblic, Mate of Corr mission No.: ATTEST, uk [y' - M FIRCHANTS BCNDING COMPANY (Pri ded Name) (MUTUAL) 6700 Westown Parkway West Des Moines, Iowa 50266 (Business Addrers) (Authodzed ltnstur :. rtpesa as to Safety (Printed Name) W POSC 2-0 of 31 WP-'G ,omaacc Award . re-emern IE0.27_ver.K] Packet Pg. 913 16.C.5.c ti c Wnd'-'i � A##emq in F (AftaO Power of Amrney) VTC Insurance Group 6820 Porto Fino Circle, # Fort Ayers, Fladda 33912 �,sa es �s enry L 'ngs n, AIorney-ln-Fact anal Florida Resident Agent (Printed Name) (239) 275-8226 (Telephone 14 umber) STATE OF Florida COUNT The foregoing instrument was ackno ledged before me l_y means of EX physical presence or Q online igoiarization. tras 28th of November - Q22 r by Wendy l., Hin9son .asAttorney- 1 n-Fact of mernsnis 6w.di,g C.mpsly rFkdt sl) . aQ IOW2 oorpoesffon, on behai1i 6f the corpofduon. she is personally known o one OR has produced NIA as identifrearron and A (did riot) take an oath. My CommLssn Expires: (S[gnature of Notary Publz State of 1 Lida) Name, Dawn M. Onze (Legibly Pilmed) (AFFIY% OFFICIAL, SEAL) Notary Public, S#ate of Edmo)) N y PubfiC $true BE - d8 Commission Edo- a 2S 5 0 5 pWwn M Ouzo c� 12a Expwea Pagc 24 of 33 MCs1G-C rr 9 Gff. s+r,�rtlAgMement[ Packet Pg. 914 MEHAL wl 1 ��` �* POWER OF ATTORNEY KmiwAD Persors sy TNse Presents, thrt MERCHART5 BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., both being aarporatlans of the Slate of Iowa (herein col[ectiyely ❑allad the "Cornpa.nies`} do hereby make, consttute and appoint_ individually, Alan P Chandter, fan J Donald, Jaffrey A Ohandler- Kathleen M Irelan_ Rahert Trobec, Susan L Small, Wendy L Hin9son their true and lawful AttomWr,)-in-Fact- to sign its name as surety(ies) and to execute, seal and acknovfledga any and ali bonds, undartakirrgs, cantrac#s and other written instruments in the nature thereof, on behalf a: the Companies in their bus-nass of guaranteeing the ndeEky of persons, guaranteeing the performance of contradS and executing ad guarant"ing bonds and undertakings raquln�d or permitted in any o tians ar proceedings allay.+Ld by law. This Power-of-Attgeney is granted and is signed and sealed tfy faaimila under and by authority+ of the follaxirng By -Laws adopted by the Board yf Directors of Merchants Bonding Company (.Mutual) an April 23, 2411 and amended Angus, 14, 201 � and adopted by the Board of Directors of Merchants National Bunding, Inc., fln October 16, 201�- 'The President, Secretary, Treasurer, ar any Assistant Treasurer or any Assistant Secretary ❑r any Vice President shall have power and authority Lb appoint Attorreys-in-Face, and to authorize Ihem to execute on behalf ❑: the Company, and attach the seal of the Company ther2ta, bonds and urdeetakings, recogrtizances, cantracs of indemnity srLd atherwritings abiigatyry in tha nature thereof." ' The signature of any authnrind officer and the seal df +he Company may be afi-wed by facsimile or eleemn3G Transmission to any Power of Attorney or Certification thereof a:ithyrEzing the execution and dolivery of any band, underlaking, recognizance, ar other suretyship obligations of the Company, and such signature and seal tdhen so used shal have the same farce and e%ect as though manually fixed-" In cannection with obligations in favor of the Florida Department of Transportation only, it it agreed that the prover and and h❑rimy hereby given to the Attorney -in -Fact includes any and WI aonsants for the refeaee of retalned percentages endior {Inal estimates on engir*ering and construction contracts req uired ey the State of Florida Dapanrrient of Transportation- It is fully understQod that caris�enti ng to the State ❑f Florida Deparnent of Transportation making payment of the final estimate to the Contractor nrtidlar its assigpae, shell not relieve this surety rrompariy of any of its obligations under its bond. I n con neciio n with obligations in favor of the Kentucky Department of H ig hways only, it Is agreed that the power and authority hereby givers to the Attvmey-in-Pact cannot be modified or revoked unless prior written personal notice of such intent has been. gi,ran tc the Cornmissioner- Deparlment of Highways of the Corrimynwealth. of Kentucky at ieast thirty (30) days priarty the modification or revocation. In Witness VYK--reof, the Compq:r?ss have caused this instrument to be signed and sealed this 11tti day of February 2D2C ;; yi MERrHAWS 501413INra COMPANY (MUTUAL) #'#tip."GC+ "y+ MERCHA14T NATIONALRDNVIN5INC. :�:�' :S :~ 200 0? : 19 3 =e: EY r :Mfg}-r.+ :` '•,�a,�F . •�'�•�.■ Presid¢rrt STATE OP IOWA r+'ra knii�i�} F' •#*" COUNTY OF DALLAS ss. Ors this 1tt`r day of February 2020 4efare me appeared Larry Taylor, is we personalty knpvrn, %vho being by rrme duly s%vQrn did say#hat ha is President of MERCHANTS BONDING COMPANY (MU71LIAL) and IVIERCHAN7S NATI0NAL BONDING, IKC-= and that the seals affixed io tha foregoing instrument are the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of She Companies by authority of their respective Boards of Directors. FOLD' MASON z a301310E11SSkOCilitr�br750576 �}ly olnE>•ti�stari Ex�res January.07, 0 3 Notary Fvwic (Expiration of notary's aammisslon does rat invalidate tins instrument) I, William VVamer, 3r„ Secretary of MERCHANTS BON DENG COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDIMG, INC.. do hereby cerhfyr that the above and foregoing is Strue and correct -copy of the POV'IER-DFATTORNEYexecuted by said Corn panics,wnich 4 011 in fum force and affect opd has not been amended or rev-nkiJ- h W Mess M. oreof, I have hereunto set my hand and mixed the seal QfFfhe Companies on this 28th day of November. 2022 R#yyi �aa r+a rr�'F r�.t,r�. •stye rx ILJ dp �' ; � • T�.. •ors #fir,"'*"•�; PDA 0018 (1120) Packet Pg. 915 CERTIFICATE ITE LIABILITY INSURANCE JD 1 16.C.5.c THIS CERTJF[CA7E IS ISSUFD AS A MATTER OF INFORMAT1QN ONLY AND CONFERS NO RIGHTS UPON THE CERTJF'ICAT5-HOLI�ER{ THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- THIS GE RTIIFIICATE OF INSURAXCE DOES NOT CONSTITUTE A GQNTRACT BETWEEN THE 15SUING [I ISURER(S), AUTHQPJZED REPRFSENTATJVE OR PRODUCEK AND THE CERTJFICATE HOE.DFR. IMPORTANT- If t[lC certiff Gate hcdctOr is an ADOMONAR INSURED, the policy(ies) must be endorsed- if SU13 ROGATION IS WAIVED, s u bjecE to the 69rm and condit[ons of the policy, certain policiCs may require an endorsement. A Mat4mnent on this certificate does not Confer rights to 4It9 certificate holder In iitu of such cridcrsement(sj PRODUCE NAMEACT- wpn �IkY:L�'ypit V"'c insurance Group PHONE ;259)275-a225 AJ ble- F`, Myer-5 Off--o6 EMAIL whangson@vtciAS.COm AIDDRE55: 6920 Po;to Fino Circle Ste 2 INGURi S AFFORVNO COVERAGE NAK Ft- MyA=s FL 3391A INWRgRA,Cantinerxtal Casualty Co 29943 7NSEJRSD INSURER 9: Continental 1z%!MCCM0Q CO. 35259 Y'Xle Corstr tot nnr Z:nC- IN5uRr;R c :Valleyror a Insurance Co- 20508 36a6 Prospect Au9:iue INSURER D : Naples, Fl nrxda 34144 INrUFER r COV51RAGES CERTIFICATE NUN[EIFR;22- 3 st -" COI REVISION NUMBER- -1-11S IS TO CERTIFY THATTNE POLICIES OF INSURANCE LISTED BELOW HAVE BEEK ISSUED TO THE INSURE0 NAMED AOOVE FOR THE POL[GY PERIOD INDICATEQ, NOT-WTHSTANDINGAMYREQUIREMENT, TERM ORCON afrIONOFARYCONTRACT OROTHER DOCUMENT V'RTHRE�FECi'f0WHICH THIS CERTIFICATE h'VW BE ISSUED OR MAY PERTAIN, THE U4SURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERM$, EXGLUSIOUS AND cCNOI-DONS CF SUCH POLICIES. LIMITS SHOM MAY HAVE BEEN RCOVCED BY MD CLAIMS. NSR Io- LTa TrPE oPINSURANCE L 5L.9R 1N a wvD POLICYNUMBER POLICY EFF Qfl0,YYYY POLICY EKP h1bJDIX[Y LIMITS - 7C p CbRIMERCIALGENERAL LlAPILITlr rACh:O^JURRrNCE A CLAR.1s,wi-Dt � 02LUR j PREM SE3 Ea Ownewo. ; 101 WEP6xP (AIY nm 2EMEN S 1: X � dD272z992a 10j11M2 1011/2023 KR5CNAL 8 A-V I`JJIJgY S 1, 04I Ir_Er4LAi3 REG+T9LIMIT APPLIES FE�2: G€NERLAGGREGhTE S 2,44i i =ac PRO J I FCL° r ❑x JEGT ❑ E ; PRODUCTS - COMPICDAGG $ 2,00( s 0:1- F. ER. I AUTCif.Q Mr= JA9ICJTY 'Pm a=�dIRdianrj ' ;O_E Lih11T 'Fa 1.00( d'JrQ.V 'J' URerY (PFm;"n; 5 P }€ A-WAU-C) Ate= 7V.h w 5 9Gk56'JLEC k'JT05 AuS i NjIwQW.VEd � HIFE`v„UTQ$ � i AUTO$ x 202a50a Pd2. 1CI1.f20R2 :.0}}1n¢2S EMLY IN -JURY (FGrrvA" 5 PFi9F'ERTI' OP•rAA+aE 'soaCeaO S U.9r.ra fdiraladitcartanedangle Lr44( ? g UR79RELLAUA13 w41H EACH CCCLRRENZE. S -5 N AGGREGATE S .5♦}O( a i �xcEss L7AB u MIIISAI,RDE J OED I x I RE-ENTION it 10,000 607M3296e LOIW2022 V0111%,023 NoRKARS CCOPENSATIOH IAND EriFLOVERS' LIAEILII Y , W i N'f PROPRIETCR,'31R-NERJEXECLM E gFFIP.EILM9hi9ER7CCLL'7ED4 FYI.1Q'T3E7d577 C I[Rlanda" in r N} NJR L4{1}2022 lOfl{2023 3r i R=R Q:FI- E.L. =4�i ACCIDDO [ $ 50( a E.L. DaE45 -a4 EM LOYEE S 50( :Ir +ems dBmlar,Irder D SCRIrTOV OF OFER MOMS below E.L, DGE€,$= -POLIM L:S.117 9 3 50( r I DESCRIPMN'CF OPERATIONSJLOCATIORSIVEHICR.ES (AC4RD 101, AddItIwalRemae¢s 5chcdurc, rnaybeaCaffheG It more :pace Is requlmdj Project: Trail Blvd Faass 4 Collier Co=!:y eoaxd Of Co*, ty Comnissiouexs, o- ward of County Co=missionars in Collier Co-antyr or Colliez Ccnmmy Government, or Collier County Included as Additional Insur9ds uadox t$a captr-C, o, Cpem,ercial General Liability and ,Automol ; le Liability policies on a pxinaxy and nos-contrih=ory basis i= and to the extemm rein,=red ty written contract. Workers' compansaticn inolud4ns USLAH CERTIFICATE 14OL08R CANCELLATION Collier County Hoard o£ Ca=ty Commission 3299 Tamiami Trail M, #303 Naples, FL 34112 SHOULDA14Y OF THE ABOVE DESCRIBED POLICIES BE. CANCELLED BEFORE THE EXPFRA7I0N PATIEs THr=PZ1=0F, NO -ME WILL 6f DELIVr;RCD IN ACCORDANCE IMTH THE POLICY PROVISIONS. AUTHDR= REPRESHNTATIUC Wendy Hing-gon/v2.32 @) I W8-;2014 ACORD CORP ORATION. All rights ease ACORD 25 (2014f1)1} The ACORQ name and logo are registered marks of ACORD INS025 123-401, r a Packet Pg. 916 N Clef PARR16.C.5.c Blanket Additional Insured - Owners, Lessees ofi Contractors - Wth Plrodu s- oirnpietod Operations C over g e En d 0 is ement i his endorsement modifies insurance provided under the followw(ng: OMMrzRCIAL GENERAL LIABILITY COVERAGE PART I_ is understood and agreed as follows.- 1. WHO IS AN MSURED is amended to include as at) Insured any person or organization whom you are required by written contract to add as an additional insLA ed on th s coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by year acts or omissions, or ;he acts or omissions of those acting on your behalf-. � A. in tha performance of your ontgoing operations subject to such written contract; or m B. in the performance of your wort[ subject to each written contract, but only with respect to bodily injury or property damage included ire the products -completed ape rations hau rd, and only if: E 1. the written contract requires you to proOde the additional insured such wveralge: and 2. this coverage park provides such coverage - If. But if the written Contract requires: A. adcr[tional insured coverage under the 1 l-85 edition, 10-93 edition, or's0-01 edition of CC 010, or underthe 10- M 2 01 adit`ron of CG2037: ur IS. additional insured coverage %vith "arising out e language: or r.+ ca C. additional insured ocverage to the greatest rodent permissible by i3w, > m than paragraph I. above is deleted in its ent[rety and replaced by the following, L WH0 ]S AN INSURED is amended to Include as an Instilre-d any person or organization whom Yc'a are required by ~ written contract to add as an additional insured on this coverage part, but only vAh respect to 11�3bility for bodily � Injury, property damage or personal 3hd advertising injury arisir~,g out of your work that is subject to such written � contract. tl[. S u bj ect. alway,3 to the terms and conditions of this policy, including the lirrsits of insurance, the Insuref will not provide c such additional insured with, O - m A, coverage broader than required by the written earttract; or o 113. a higher limb of insurance than required by the written contract, m IV. The insurance anted b this endorsement to the additional Insured does not apply to bodily €n'upropertyJ 9• Y PPY Y� injury. Q damage, cr personal and advet-tising injury arising out o;, A. the rendering of, or the failure to render, any professional architectural, engineering, or survey[ng services, including: E — 1, the preparing, approving, cr failing to prepare or approve maps, shop drawings, ophnions, reports, surveys, field orders, charkge orders or drawings and specitwcaUans; and — r a — 2, supervisoryr impaction, architectural ar engineering activities: or -= 13, any promises orwork Forwhic:n the add[tional insured is specifically listed as an additional insured 1)11 another — endorsement attached to this coverage part- V. Under COMMERCIAL 13EMERAL LIA$IL(TY OONDITION5, the Condition entitled Other Insurance is amended to —_ add the following, which supersedes any provision to the contrary in this Ce,ndition or elsewhere to this coverage — part: URA'TWFUTr f -1 ^- - - - -- ...... F.aI cy No: 40-2- 12J 9a 2 8,-- Page 1 of 2 E-1darsement No: 7 CON71NZXTAL C.!% UA-Y Tlf CWPAhIy- Effective Date: 1ON112022 Insured ?Jame: ,�Yll' INC CvPyrioh CPA Ai! Rightn Rese'ryrad. : nclUCc* Mpyrigh,ad rr,e6erTz'. e, Irsl -,wx�e �Lvir�5 a".rats, Ir c., talus its Fa-missnn- Packet Pg. 917 M NA PAR AKI 16.C.5.c Blanket Additional Insured - Owners, Lessees or Contractors - with Products- oranpleted Operations Coverage Endorsement Primary and Noncontributory In-suralnre VVfth respect to other insuranco available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a ulrritten contract requires the insurance provided by this policy to be: 1. primary and non-wntributing with other insurance avaiial)le to the add[tiona[ insured; or 2, primary and to not seek contribuflon from any other insurance available to the additional insured But except as speoifiad above, this irsurance %vW' be excess of all other insurance available to the additional insured. y Vi, Solely vAlt respectto the insurance granted by this endorsement, the section entitled COMMERUAL GENERAL crs a LIA51 UrY CONDITIONS is amended as follows' .+ The Condition entitled Dut[es In The Event of Occurrence, Mense, Ctairn or Suit is amended with the addit-onof c m E the fal€owing: Anyadd[ticnal insured pursuant to tNs andorsementwill as soon as practicable: Q- m 1. give tare Ins€lrer written notice of any claim, or any occurrence or offense which may result [n a claim; � 2. sand the lnsurerropies of all legal papers receives, and otherwise cooperate with €he Insurer in the investigation, 2 defense, or seMemant of the claim; and 3. -make avaiiable any other insurance, and tender the defense and irldemn[fy of any claim to any ether insurer or .r 3: self -insurer, %vhose policy or program app!ies to a loss that the Insurer covers under this Coverage part. However, -0> ifthe written contract requires this [nsurartce to be primary and rlon-contributory, this paragraprf 3. does not ap apply to insurance on which the additional insured is a named inslared. L The Insurer has rla duty to defend or indemnify an additional insured under this endorsement until the Insurer receives ~ written notice of a claim from the additional' insured, r� Vll. Solely with respect to the Insurance granted by this endorsement, the section entitled DEPINITIONS is amended to N add the tollcm inq defnition. ., VIlritten contract means a wrillen contract or viritterl agreernent that requires you to mane a person or orgaNzation are rn c additional insured on thds coverage part, provided the contract oragreement: caa A. is currently in affect or becomes effective duririg the term of this policy; a > B. was executed prior to: J m J 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; .r for vd-Iichl the addition ,[ insured seeks coverage_ E Any coverage granl�ed by this endorsement steal€ apply solely to the extent parmNs[ble by law, c,s r r a All other terms and conditions of the Policy remain unchanged. I This enaorsement, which forms a part of and is for aitachrnelnl to the Policy issued by the designated Insurers, takes effect I on the effective date of said Pa at the hour stated in said Policy, unless another effective date rs shown belcm and f expires concurrerrllyi ith said Peiiiry, Policy i o� '1G 7 9- Page 2 of 2 Endorsement No- 7 CONTINEX�T1_iL� CASUALTY COHPANY }}.11 Ef'active DatF� 10;D1f2;I22 lns;lrea Name: KYLE CON-STRUCI�I014, 1FIC Cops- nl. CNA All Righ[s Rewrv-ed includes Cs3yrigMee ma;er9a1 C`. Ir.$UMRnc� &ru xs Office, Inc., .pith :cs permission Packet Pg. 918 CNA PAk 16.C.5.c € N Contractors' General Liability Extension Endar ernent ' It is understood and agrftd that this endorsement amerids the COMMERCIAL GENERAL LIASILITY COVERAGE E PART as foliows. I` any other endorsement aEtoched to this pol€cy amends any provision also amended by this endorsement, then tha-t other endorsement controls w�h respect to such provision, and the changes made by this endcr l rrmeflt with rospeot to such provision do not apply. TIABLE OF CONTENTS I fir ~Addit€oral Insureds k 2. Additional Insured -Primary And Non-Conf6butory To Additional Insurad's Insurance S. Sodily Injury Expanded Detinitinn _ S 4. Broad Knowledge of Occurrence) Kotice of Occurrence 5, Broad Named Insured 6, Broadened Liability Coverage For Damage To Your Product An Your Work 7. Cvntractuai Liability - Ftai€roads 8. Electronic Data Liability 9. Es#ates, Legal Representatives and Spouses - - 10. Exlsected�Or Intended Injury - Exception for Reasonabte Force 11. General Aggregate Limits of Insuran m - Per Project 12, In kern Actions . _. ----------- -- ---- - -- - - - — -- -- - -- --------.,.. 13, Incidental Health Care Malpractice Coverage 14. JointVentureslPartnershipWrnited Liability Companies 15. Legal Liability - Damage To 'remises ! Alienated Premises f Property In The Named Insured's Care, Custody or Control 16, Liquor Liability 17. Medical Payments 18, Non -owned Aircraft Coverage 19. Non -owned Watercraft Personal And AdvePUS ing Injury - Discrimination or Humiliation m 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 5ugplemenfiary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket m I� 26, Wrap-up Extension. OCIP CCIP, or Consolidated (Wrap -lip) Insurani:,e PmgraMS i CNA74705XX 11-15} '--- - -- - -- - PolicyNix Pace 1 cf :7 Endor}oment No, 5 CON7_-INNENT_;�L C! UA7,TY COMPANY Efeetive Date: 10,101f2022 insured Narne' K"LS vrJNSTItXC!°y 0Y, ISO. Cap,�rig� CNA A'L Rbhla Reser ec. Ohre, I: o._ wiin its Few ssnrl. m c� t a c m aEi a m c M d .r M m M 04 N c 0 m J m J_ Q H c m E t 0 0 a Packet Pg. 919 CA/A 1. ADDITIONAL INSUREDS NA PARMA 16.C.5.c Contractors' General Liability Extension Pindor a ment a. ViFHO 1S AN INSURED is amended to include as a i Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as art ;�Ldoitlonal insured ort tliis Coverage Part undera wri'.ten contract or written agre2monl, provided such contract or agreement: (1) is currently in effect or Mcorrres effective during the terry; of this Coverage Part, and (2) was executed prior to: (a) thn bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, y c� far which such additional insured seeks coverage. a b, However, subject always to the terms end conditions of this policy, including the iirnits of insurance, the Insure[ E will not provide sucfl additional insured with: a� (1) a higher limit of insurance than required by such eontra.ct or agreement: or a m (2) coverage broader then regLtired by such contract or agreement, anti in no event broader titan that described � by the applicable paragraph A. t: rough H. below. S Any coverage granted by this endorsemen# sha11 apply only to the extend prmissible by €aw, 2 e d .r A. ControiGng Interest f° Any person or organization with a 000trolling interest in a Narned Insured, but only with respect to such person oa � organization's liability for bodily injury, property damage or Personal and advertising injury arising out crf m 1. such person or organization's financial control of a Named Insured; or M H 2. premi�Les such person or organization owns, maintains or ccntrois while a Named Insured leases of M occupies such premises; N provided that the coverage granted by this paragraph does not apply to stmctural aIterat;ions, new construction of N demolition operations performed by, on behatP of, or for sump additional insured, � 0 D. Co-owner of insured Premises m 0 A co-ownurof a premises r wned by a Natued Insured and cowered under this insurance but only with respec J to such co -owner's liability faf bodily injury+, property damage or personal and advertising injury as co-cwnei o0 of such premises- C. Lessor of Equlprnerd Any parson or organization from whom a Narned Insured leases equipment, but only with respect to liability foi � bodily inNry, Property damage or personal and advertising injury caused, in whole or in part, by the Namec E Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to sect � bodily injury, property damage or the offense giving rise to such personal and advertising injury takes placE r prior to the termination of such leao, Q D. Lessor of Land Any person or organization from whom a Named Insured laases land but only with respect to liability for bodil injury, property damage or personal and advertising injury arising out of the ownership, rnaintenanoe or usE of suc i land, provided that the occurrence giving rise to stick bodily injury, property damage of the cffensE plying rise to such personal and advertising injurer takes place prior to the termination of such iease- _N CK A74705 X (1--15) Policy No: 40 721 823 F33ge 2 Of 17 Endorsement No: 4 CONTZNI✓Nrt;�_L- CASUALTY COKT-PNY Effective Date: d0JGV2Q22 In€ured Nia,rne, 1<.= CQNSTRUCTI —N, 77NC. CoRvrlgh' CtkA .q, 7:60�Is Reeerved ineluaa copYrlgNe.d rriz'erial of I nsxance Seroices G?r:ve, Inc., vAh. KY, Fe. ftssbn. Packet Pg. 920 t Na NA P 16.C.5.c Contractors' General Liability Extension Endorselm rtt ' coverage granted by this paragraph does not apply to structu;,al alteralians, new construction or demolition operations performed by, on behalf c#, or for suJ h additional insured. E. Lessor of Premises An owner or lessor of premises leased to the darned Insured, or such owner or lessor's real estate rnanag2r, but only with respect to liability for hodily injury, property damage or personal and advertising injury arising out of the ownership, rnaintortance or use of such part of the pmmises leased fo the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to 8uCh personal and advertising Injury, takes place prior to tfte terminalian of such lease, The coverage granted by this paragraph does not apply to strudural alterations, new construction or demolition operations performed by, on 4 behalf of, or for such additional insured. F, Mortgagee, Assignee or Receiver c� A mergagee, assignee or feceiver of premises but only with respect to such rnortgagea, assignee or receiver's liability for bodily injury, property d2image or personal and advertising Injury arising out of the Nam.d E 1nsured's ownership, malnteriance, or use of a premlises by a Naarrted Irisured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition OF operations performed by, on behalf" of, or for such additior:al ins€ared. c G. State or Gove rn rn ental Agency or Subdivision or Political Subdivision&— Permits M A state or governmental agenisy or subdivision or polftical subdivision that has issued a permit or authorization but L 2 only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily m injury, property damage or personal and advertising injury arising au I. of, 1. the foiloyAng hazards in conrlec#ion with premises a Named Insured ovens, rents, or controls and 0 whicb m this insurance applies, M a, the existonce, maintenance, repair, constmctiorl, erection, or removal of advertising signs, awnings, canopies, cellar entrances, opal holes, 10ve ays, manholes, marquees, hoistawa y openings, s1dewalk vaufts, street banners, or deooration� and similar exposures: or N b, the construction, erection, or removal of elevators; or c c, the ownership, maintenance or use of any elevators covered by this irisorance; on O m 2, the permitted cr aauthorized operations performed by a Narned Insured or on a Gamed Insured's behalf. � The coverage granted by thts paragraph does not apply to: m J a. Bodily injury, property damage or personal and advertising injury arising out of operations Peffofined for the state or governmental ager«py orsubdivision or political subdivision; or F_ bL Bodily injury or property damage included within the products-cornpletod operations hazard. r � m With aspect to this pra ision's requiremum ent that additional Ensred status ust be requested under -a written E contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the � r Named Irisured to add the gave mrnOntal entity as an additional insured. Q H. Trade Show Event Lessor 1. VVith respect to a Named Insaared's partlicipation in a trade show avent as an exhibitor, presenter or displayer, any parson arorganixation vrhortt this Narned lnsa�red i r)2�gnared to include as an additional insuned, but only with respect to such person or organization's liability for bodily injurYr property damage or personal and advertising injury caused by -Ki A74765}C?C -(I,----- Page 3 of 17 Insured Name-, KY!,E C. NSTRUCTZ�N, wraC, l oifcy lto �0272'19823 Endorsement No: 5 Effective Bate: 10i41)2022 Cow Hgh NA A]! Rlghts Reserved- Includes --opyrighted ma aHsl of Insurance $er:r.Oriia-, ire., Ah its permission. Packet Pg. 921 ..CNA PARAM 16.C.5.c CAM ontractor 7General Liability Extension Endorsement a. the Named Insured's acts or olnissions; or b. the acts or omissions of those acting on the Named Insumd's behalf, in the performance of the Named Insurod`s ongaing openation 8 at the trade shorn event Oremises dLLHng the trade show evsn,. 2_ The coverage granted by this paragraph does not apply to bodily injury or properEy damage Included within the products -completed operations hazard. 2- ADDITIONAL IN S URED - PRIMARY -AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S IN5URANCF The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS section is amended to y add the follov4nq paragraph; c� if ;he Named insured has agreed in v i#ing in a contract or agreement that this insurance is primary and non- a contributory relative to an additional insured's awn insurance, then this insurance is primary, and the Insurer will not m seek cont0bution from that other insurance. For the p;."se of this Provfsicn 2., the additional insured's own 0 insurance men ans insurance on which the addltional insured is a named insured. Otherwise, and notwithstanding anything to the conlira ry elsewhere in this Condition, the insurance provided to such person or organization is excess a of any other insurance available to such person or organization, rY 3. BODILY INJURY — EXPANDED DEFINITION S 2 Under 0EFI€V171ONS, the definition of bodily injury is deleted and replaced by thle following: d Bodily injury means physical injury, sickness or disease Sustained by a person. includirq death, hu niliation, shock, .r m rnenLaI anguish or mental injury sustainod by that person at arty time which results as a consequence of the physical -a injury, Sickness or disease, m 4. BROAD KNOWLEDGE Or OCCURRENCE[ NOTICE OF OCCURRENCE M Under CONDITI0NS, the condittorl entitled Duties in The Event of Occurrence, Of ansa, Claim or SuIt is amended to add the fedl4Wing provisfons: A. 13ROAD KNOWLEDGE OF OCCLIPRE NCE The Named Insured must give the Insurer or the Insurer's a-Aborizcd representative notice of an occurrence, N � offense or claim only when the occurrence, ofFen6e or claim is ftmvn to a natural pemon Named Insured. to a m partner, executive officer, manager or member of a Named Insured, or an employee designated by arty of the 0 above to give such novice, J S. NOTICE OF OCCURRENCE m J The Curried Insured's rights under#his Coverage Fart wall not be prejudiced if the Named Insured fai[s to give � the 111SUCeF notice of an occurrence, ofrense ur claim and that Failure is solely due tc>• the Famed Insumn-d's ~ reasonable belief that the bodily injury or property damage €s nok covered under this Coverage Part- However, m the Named Insured shall give ,written notice o` suO occurrence, offense or claim tc the lrisurer as soon as this E Named Insured is aware that this insurance may apply to such occurrence, offense of claim. � S. BROAD NAMED INSURED M r a WHO IS AN INSURED is amended to delete Ks Paragraph 3- in its entirety and replace itwith the following; 3. Pursuant to the limitations described in Paragraph 4. below, arty organization in which a Darned Insured haE management control; a. on the effective date of this Coverage Part, or -MA 74705XX f 1-'i-w Purl icy N o. 4 0 2 + 2 t_ } K 2 8 Page 4 of 17 Endorsement No' 5 CON; 5NH'w'wT iL CASUt:uT-1C CAM?ANY Effective Date: l(VO J2G22 Insuracl Narne- '<Y.L> :7t\;S'_^ uCTI N, INC - CC-�rigFi CNN All Righ's Reserved- lncluc�4 wpyrighleq rnat�fial of I °.a ar, Saroicos Offir ., Irr-., wire i;h rcrFis iori. Packet Pg. 922 C/VA CNA E]M 16.C.5.c Contractors' General Liability Extension Endor etnerlt b. by reason of a blamed Insured creating or acquiri!nq the organization duNng the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, cj�ntirigent or otherwise, wHch provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and Wthout regard to whether its coverage is. broader or narrower than that provided by this insurance. BIlt this BROAD NAMED INSURED provision does riot app[yto: (a) arty partnemhlp, fruited liability company or Joint venture; ar (b) any organization for which coverage is excluded by another endorsement atWc€ ed to this Coverage part. F'or the purpose ut this provision, management control means: to a A. owning interests representing more than 50% of the voting, appoirrtrnent or designation pawver for the c selection of a majority of the Board of Directors of a corporation; or d E B. having the right pursuant to a written trust agreement, to protect, control the use of, ancumber or transfor of 0 � sell property held by a trust- a d. With respect to o;ganintions which qualify as Named Insureds by virlue of Paragraph 3. above, this 3rl8urance m � does not apply to: e� a. bodily injury or property damage that first accurred prior to the date of manager ens rontral, or that firsi al ocean after management control ceases. nor h. personal or advertising injury caused by an offense that first accurred prior to the date of managemeni Mritrol orthatfirstoccufs after management control ceases- m 5- Tho Insurances provided by this Coverage Part applies to Named Insureds when trading under their own names or under such othef trading names or doing-bvsiness-as names (db,a) as any Tamed Insured should choose tc employ- S. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WOW N A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled � Exclusions Ps amended to delete exrjrusions k. and t. and replace them with the folle ing- c This Msurance does not apply tea. o m k. Damage to Your Product J m Property damage to your product arising out of it, or any part of it except when caused by or resulting front_ (I) fire; � t— (2) smoke; :- (3) collapse; or c � E _ (4) explosion. r i L Damage to Your Work r Q Property damage to your work arising qut cif it, of any part of i4 and Included in the products-cornpleted opera#ions haxaFd- This excius on does notapply- _ (1) If Ehc d�.maced workr -or :he work out of which the damage arises, was performed cn the Named Insureds behNf by a subcontractor; or C(NA7470 X (1-15) - "�_ Policy No, 4027�,19is 8 Page 5 of 17 Er..dorsement NO: 5 CRS-UZ LTY COMPTIAY Efrechve Date: 30f�1l 2 Insured Name; i{YI, CONSTR-u==G�, 7 C - C.o, prignl C14AM Rig`,ts ckesen•ec. I-,J--peg cc;yoghM maWol of I-12arance serwe-ma Or ice- r+!C., w1h iu Pcm7issior. Packet Pg. 923 Contractors' General Liability Extension Endor etinen� (2) If the cause of lass to the damaged work arises as a feWt Of'. (a) fire; (b) smoke; (0) collapse; or (d) explosion. B. The fWowing paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of darnages arising q, out of any one occurrence because of property damage to your product and your work that is caused by fire, a)i smoke. collapse or explosion and is included within the product -completed operations hazard. This sublimh does Iiof apply to property damage to your work if the damaged work, or the work out fir which the damage 0- arises, was oenurmed on the Named Insured's behalif by a subcontractor. c C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provisiofl does no# apply d m E are endorsement of the same name is attacned to this policy- T. CONTRACTUAL LIABILITY— RAILROADS m With respect t0 operations performed within 50 feet of railroad property, the definition of insured cOntracf is replaced •S by the fol lawtng, Insured Contract means. L a. A contract fora lecse of premisos. Hmvever, that portion of the contract for a lease of prerruses that indernnifles M � any person or organization for damage by Fire to premises while rented to a Named Insured or temporarily _> occupied by a lamed Insured with permission of the owner is nos an insured contract; m b. A sidetrack agreement; M c- Any eas2mcnt or license agreernant; M d. An obligation, as required by ordinance, to indemnify a munic!pality, except in connection with worts for a e m�lnic-reality; -- e. An elevator maintenance agreement; rn c f. That 3art of any other contract or agreement pertaining to the Named Insured's business (Including an 0 m indemni`Ication of a municipality in connection witn work performed for a municipality) under which the lamed > Insured assumes the tort iiebility of another party to pay for bodily injury or property damage to a third person, m or organization- Tort liability means a liability that would be imposed by law in the absence of any oDntract or � ag reement Q Paragraph f. does not indude that part of any contract or agreement: ~ r (1) 'MA fridemnifies an architect, engineer orsurveyor for Injury ordarrpage arising out of (a) Preparing, approving or falling fo prepare or approve maps, shop draw ngs, opinions, reports, surveys, field orders, change orders ordrawings anti spoclfications; or r a (b) Giving directions or ins#ructions, of failing to give them, if that is the primary cause of tha injury or damage; (2) Linder vehiGh the Insured, It an architect, engineer or surveyor, assumes liability for an injury or damage arising our; of the insured's randering or failure to redder professional services, including those listed in (1) above and supervisory_ irtspecgori, architectural c�r engineering activities- 8 PLECTROPNIC DATA LIABILITY CNA747b5 (i-1 Po;a � No 402? 9 5 Paige 6 of '17 Pndorsement No: 5 CON"=-lvENTAL CA.�L:ALTY :OMP,.2NY E rectivc Date: :0MV2022 InsuYed Name, Y= CON5 TRLIC 11 1Ul-, Ii,�C. Copyr;cht C.NA All Ind!_ es mpyrighied materiel of rnsuran" Serilms off-oe, ino., eriL,) ?4 F r i5£iCJ4 Packet Pg. 924 F CNA PARAPA 7E16.C.5.c r Contractors' General Liability Extension Endar ement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace :t with the follatvvin+g: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal lnformation And Data -related Ltability Damages arising ou# of_ (1) any access to or disclosure of 8ny pefsoWs or orgariization's cortfiden4ial or personal irrformatian, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, heaith informaftn or any other type of nonpublic information; or (2) the loss cF, loss of use of, damage to, corruption of, inability to ar-rceas, OT inabRity t0 manipulate electronic data that does not rasult from physical injury to tangible property. However, unless Paragraph (1) above appl€es, this exclusion does not apply to damages because of Bodily injury - This exclusion applies every if damages are claimed foT notltication oW% credit monitoring expenses, foTensic expenses, public relation expenses or any other loss. cost or expense incurred by the Named Insured or others afisi% out of their which is described in Paragraph (1) or (2) above. B. The folioWng paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100:000 is the most the Insurer will pay under Coverage A for aft damages gFisirig out of any one occurrence because of pr'nperty darnage that results from physical injury to tangible property and arises out of electronic data. C. The fallowing definition is added to DEFINITIONS, Electronic ttata means irEfarrrlation, fiats or pragrams stored as or on, created or used on, or tnransrnitted to or from computer software (including systems and applica=ions software). hard or floppy disks, CD-ROM , Capes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. p. For the purpose of the coverage provided by this ELECTRONIC DATA LIAUIUTY Provision, the definition of property damage in 17EFINITIONS is replaced by the following: Property damage means, A. Physical injury to tangible property, inclWing all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; h. toss of use &f tangible property that is riot physically injured- All such loss of use shall be deemed to occur at tlw t'rrne of tie occurrence that caused it; or C. Loss cf. Iris of use of, darna-ge to: corruption of, inability to access, or inability to properly manfpu ate electronic data, resulting from physical ir:jury to tangible property. All such loss of elp.ctrcnic data shall be deemed to occur at the time of the occurrence that caused it - For the purpos4m of this insurance, electronic data is not tangible property. -„ - E. If Electronic Data. Liability is provided ai a higher Ilmit by another endorsement attached to this policy, then the $1WAD limit provided by this ELECTRONIC DATA LIABILITY Provision is park of, and not in addition to, that la gher limit. 9. ESTATES, LEGAL REPRESENTAT TES, AND SPOUSES -rhe estates, :heirs, legal representatives and spouses of any natural pefscn irrstrred shall also be insured under this policy; provided, hUY17V0F, coverage is afforded to such estates, heirs, legal representatives, and spouses only for NA74705XX (1-15r --- — Policy Nat 102 i 15828 Page 7 of 17 Endorsement No- 5 CASWiLTY CONP,rt%TY Effective Date. 1010112022 Insured NRme; KYLE CJK�ST OCTION', IN,. t'GU} nlit CNA All Rights Resurved. Inoludes a py 2ht�d m2tCri�l or'nsura cc tian�cas fCi ,Inc-, Y,irn its •Tissian. a Packet Pg. 925 NCNA PARANI 16.C.5.c Contractors" General Liability Extension Endorsement claims arising safely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such rtatura,l person Insured to such spouse. No coverage is }provided for any act, error or o;uission of an estate, heir, legal representative, or spouse outside the scope of tiuch rrerson's capacity 0r status as such, provided however that the 1$pou�;e of a natural pact: Named Insured and the spouses of membem or partner0f joint �-enture 0r partr�rghp Na€ e-d Insureds are losuieds with respect to such spouses' acts, �.4ror�i or omi ssjon�-, in the conct of the Famed Insured"s business. 10. EXPECTED OR IWENDED INJURY-- EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability. the paragraph entitled Exclusions is amended to delete the exclusion antided Expected or Intended Injury and replaee it with the following; This insurance does not apply to: Expected or Interodetl Injury 80cfily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not npplyta modify injury or property da=ge resulbng from the use of reasonable farce to protect persons c�r properly, 11. GENEIRAL AGG REtaATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or feats, a separate Oon$tr"Gtion Project General Aggregate Limit, equal to the amount of the General Aggregate Urn i€ shown in the Dedarations, is the most the Insure: will pay for the surn of, I. All damages under Coverage A, except damages because of bodfly injury or property damage included in the products -completed operations hazard; and 2, All medical expenses under Coverage C. that arise frorn occurrences or accidents which can be attributed solely tc ongoing operaVens at that wnstruction project. Such payments shall not reduce the General Aggregate Umit shown in she Declarations, nor the Construction Project General Aggregate Limit of any other construction project R. Pill 1. Damages under Coverage D, regardless of the numberof locations or construction projects involved-, 2. Rarnages under Coverage A. causer: by otcurrences which cannot be attdbut, d solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included In the products -completed operations hazard; and 3. Medical expenses udder Coverage C caused by accidents which cannot be attributed solely to Dng0ing operations at a single cvnstrrlction project, will reduce the General Aggregate Limit shown in the Dedarations. C, The limits shown in the Declarations for Fac,� Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but wilt be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations. depending on whether the occurrence can be attributed solely to ongoing operations ate, particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in t€ ie prod ulcts-complated operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Dedarations, regardless of the number of projects involved. ( #NA 7 5XX (1-15). .. ---- Page 8 of 17 CO? TI=;11 d�FI CtfSuALTY COYPIV�TY tnsured Name, NYL8 C.bNs-_RtiC-�70N, I W, ----- ----- ..__�..�..._......-- PolicylV— Endorsement No; 5 Effective Date; 1 WOV202 m c� a t c m E a� a m c M d .r M m H M N N c 0 m 0 J m J Q r c m E M r a �npyriahrG`1� {till f�iiLs Rcac�cd. 4ncludes a: pyrlr ma;prlal of'-nsurence Services Cr�ice_ Inc_, ,�:�h its pertr�Ls?on. Packet Pg. 926 OVA CIA PARAM 16.C.5.c Contractors' General Llablilty Extension Endorsement E. If a single construction project away from premises owned by or ranted to the Insured has been abandoned and then restarted, or if the authorised corttracting parties deviate from glans, blueprints, designs, specifications ar timetables, the project wi[I stlll be deemed to be the same construction project K The prcvis[ors of LIMITS or INSURANCE not otherwise moditW by this endorsement shall. continue to apply as stipulated, 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by -or for the Named Insured, or chartered bY or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named ,. Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE � a Solely with respect to bodily Iniury that arises out of a health care incident c A. Under CO1fERA E , Coverage A - Bodily [nJury and Property Damage Liability, the paragraph antNed E Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(Z) with theyfo[lmving; 0 h. This insurance applies #o bodily injury provided that the pmfessiona[ health care services are Mcidental to the Named Insured's primary business purpose, and only if c (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. f° 2 (2} the bodi#y injur]+ first occurs during the policy period. All bodily injury arising ftom an occurrence will a? btr deemed to have occurred at fhs tirne of the first act, error, or omission that is part of the incurrence: m and -0 B. under COVERAGES, Coverage A — Bodily Injury and Property Damago Liability, the paragraph arAltled m Exclusions is amended to: L i. add the fallowing to the Employers Lability exclusion; This exclusion applies only if the bodily injury arising from a health care incident is covered by other M liab[Iity insurance available to the insurer[ (or which would have been available but for exhaustion of its N limits). ., ii. delate the exclusion entided Contractual Liability and replace €t With the following, o This insurance does not apply to. 0 Contractual Liability m the Insureds actual or alleged liability under any oral or written contract or agreement, including but not Q limited to express warranties er guarantees. t— Hi. add the followi±lg add[tionat exclusions: This insurance does not apply to, E €]icrlrninatlort a r Q "= any adual or alleged discrimination, humiliation or harassmi rnt, including but n&. limited to claims based on an tndavidual's race, creedr oolor, age, gender, national origin. religion, dtsabllityr marital status or sexual orientation, Dishonesty or Crime Any actual or s[[eged dishonest, crirrtina[ or ma[ldous act, error or omission. — MedicarefMedicald Fraud NA74705X (1-15) - - Policy Na` 402 f2.1S�82& Page 9 of 17 Endorsement pia. 5 cci�jTT.N-FNT�i,'- Effective Date, JCVOJM22 Ins`xed Nsme: 10 11', CON SlRI;CT "-C11, 1 . do yr cti# C 4, lJI rt h15 +�FSCN 4, I r,� Udes cb Y� i hide rhaieriJl br I rsrrance Servlo s C:: GOS:, 1'a„ ",A!h .n perrrmkr- Packet Pg. 927 [ A Contractors' General Liability Extension EndOr ement any actual or alleged violation of law with respect to Medlcare, Medicaid, Tdcare or any similar federal, state or iacal govemmentaI program. Services Excluded by Endorsement Any health care incidentfor which coverage is excludod by endorsemer3t, C. aEFUTIONS is amended to: add the following defnitions' Health care incident means an act, error or omission by the blamed Insured's employees or Volunteer � workers in the rendering of: m rn a. professional healtb care services on behalf of the Named Insured or t a b. Good Samaritan services rendefed in an emergency and for which no payment is demanded or received. Professional health rare services means any health care services or the related furnishing of food, � beverages, medical supplies or appliances by the foil viro providers in their capacity as such but solely to � the extent they are duly licensed as required; a. Physician; b. Nurse; L d c. Nurse prBditiOner; d. Emergency medical technician; m e. Paramedic-,, f. Dentist; g, Physical therapist: h. Psychologist y dais#; L Speech therapist c 01her allied health p rofessiafl al. or 0 CO Professional healthcare services does not include any services rendered in connection with human Clinical 0 J trials or product testing. m J I delete the defrnition of occurrence and replace it with the following, � 0ccurrenice means a health care incident, NI acts, arrers or omissions that a Jogical€y connected by any t- ;.; comrno.,i fact, circumstance, situation, transaction, evert, advice or decision will be considered to constitute a r-) single occurrence; E iii. amend the definition of Insured to; t 0 r r a a. add the following. the Named insureds employees are Insureds with respect to: (1) bodily injury to a oo-employee while in the course of the co -employee's employment by the Named lnsurGd or while performing duties related to the cozrduct of the Named tnsured's business; and ( Policy No; 9132'?21982 Page 10 01 17 Errdorsemert No. - CONTINENTAL CASUi-a--TY CCMPI? NY Effec ive Ca#e: 1-01010)22 hnl ,tired Name: KYI—E C 1*STRJCTIOX, 114C . COP flglu ONA All Riphtu Rmt:Nud. Inclu:xs wpyrir-,'i ed mveHal a' lnurance 5;eirvices Qff�,s, Ina, -Nitr. its pem7iss,an. Packet Pg. 928 M CNA P RA16.C.5.c Contractors' General Liability Extension Endor (2) bodily injury to a volunteer worker while performing duties related to the conduct of th( Named Insured's business; ,,vherl suckh bc�dity Injury arises out of a heath care inoident- the Named I nsured's volunteer workers are Insureds with re-spect to'. (1) bodily injury to a cD-volunteer worker while performing duties related to the candud or thr Named Insured'& business; and (2) bodily injury to an employee while in the course of the employee's employment by the Name( Insured ar while performing duties related to the conduct of the Named Insured's business 1* when such bodily injury arises out of a health caro incident- am b, delete Sut paragraphs (a), (b), (c) and (d) of Paragraph 2-a.(1} of WHO I S AN INSURE D. a c D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replaoe it %v th( E following, Other Insurance c b. Excess Insurance c (1) To the extent this insurance applies, rt Is excess over any other insurance, self insurance or risk #ransfe a i;rlsfrrirrent, whether primary, excess, contingent or an any other basis, except or insurance purchase( a, specifically by the Named Insured to be excess of this coverage. 14, JGINT VENTURFS ! PARTNERSHIP ! UMITED LIABIUTY CGMPANIES -0 WHO fS AN IMSUPED is amended to delete its last paragraph and replace It 'With the fool ing; m No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture o L � limited liability company that is riot showr4 as a Named Insured in the Daciarat[D€ts, except that if the Marred Insure( was a joint venturer, partner, or merrlbe3r of a limited liability company and such joint venture, partnership or limiter IiabiJity company terminated prior to or d4lring the policy period, such flamed Insured is an insured with respect t( N its interest in such joint venture, partnership or limited Iiabiifty company but only to the extent that, a. any ofFense giving rise to personal and advertising injury occurred prior to such termination (late, and th( o personal and advertising injury arising out of such offense first occurred after such termination dale; m b- the bodily infury or property damage firstoccurred after such termination date; arld 0 J c. there is no other valid and callectlible insurance purchased specifically to insure the partnership, joint venture a limited liability company; and Q If the joint venture, partnership or limited liability company is or was insured under a consolidatrad (wxap-up Insurance program, then such insurance will akvays be considered valid and collectible for the purpose of paragrapl c C. above. But #his provision will not serve to exclude bodily injury, property damage or personal and adver#isinj � injury tat weird otherwise be covered undo rthe Contractors General Liability Extension Endorsement provision entrtled VVRAP-UP EXTENSION: OCiP, MP, OR CONSOLIDATED (WRAP -Ups INSURANr-E PROGRAMS Please see that provlsioon for the definition of consolidated (wrap -trio) insurance program- Q .—.� 15. LEGAL LIABILITY - DAMAGE TO PREMISES I ALIENATED PRE-MISES I PROPERTY 114 THE NAME[ INSURED'S CAPE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitle( Exclusion* is amended to delete exclusian j. Damages to Property in its entirety and replace it vAth the following — This insurzrice does not apply to, - = CKA74755 X X (1-15 Policytoo: 4QZ72 9529 Paae 11 of 17 Endorsement No: 5 CO'NTINENT2.1 a7k.sU2T-. _-Y COXPANY Effective Date: 1010/12022 [n5U['ed Name= KYLE CONSTRUCTION, .Tlq - CUP09r-t CNA All R giix ¢se Includes a4pyrigW49d makes-Z. of ln4z,%.Joe i3erll;Das G!Yce. Irlu., tI 4s permis 1w-. Packet Pg. 929 �CNA j. Damage to Property Property damage to: NA PRACiE .5. Contractors" General Liability Fixtensio€>k Endorsement (1) Property the Famed Insured owns, rents, or occupies, 'including any costs or expenses incurrod by yo% or aq other person, organization or entity, for repair, replacement, enhancement, festeration or maintenance of such property for any reason, including prevention of injury to a parson or 4larnage to anoihees property; () Premises the blamed Insured sells, gives away or abandons, ff the property damage arises out of any part of those premises; (3) Property tpaned to the Named lnsured; 1* m (4) Personal property in the care, custody or control of the Insured' (5) That particular part of real property on which the Named Instated or any contractors or subcontractors c working directly of indirectly orl the Named Insureds behalf are Wonrtfng operations, if the property E dl image arises out of those operations* or (6) That particular pal of any pr p-e that rntrst be restored repaired or replaced because your work was incorrectly performed on it, paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to c 'm premises rented to the Named Insured of temporarily occupied by the Named Inspired ith the permission of � the owner, nor to the contents -of premises rented to the Named Insured for a perio;l of 7 cr fearer consecutiva days. A separate €1mit of insurance applies to Damage To Premises Rented To You as described 3: in LIMIT CP IK UI AMCE. -0 Paragraph (2) of this exclusion does not apply if the premises are your work. m Paragraphs (3), (4), (5) and (6) of this exclusion d❑ not apply to liability assumed under a sidetrack agreement Paragraph (6) of this exclusion does not apply to property damage included in the products -completed M operations hazard. 0 Paragraphs (3) and (4) of this exclusion do not apply to property damage to, i. tools, or -equipment the Named Insumd borrows from others, nor c ° m ff. other personal property of others in the Darned Insureds care, -custody or control while being used in the > flamed Insured"s op -orations :away from any lamed Insureds premises. m However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to. J Q a. property at a job site awaiting or during such property's installation, fabrication, or ereOion; b. property that is mobile "uipment leased by an Insured; m c, property that is an auto, aircraft or watemra#;; d. property in transV. or f° a e. any portion of property damage for which the Insured has available other valid and co€€e,ctible lnsufance, or would have such irfsuranoc but for exhaustion of its limits, or but for application of one of its exclusions - A separate limit cf insurance and doduc4ible apply to such property of others. See LI MITS OF I NS tll2ANCE as amended b6ow. NA7 Q5}C){ {1 1 } Po lm No, : G 7219828 Page 12 of 17 Endorsement No: 5 C N-TINENTP�L aLSUALTY COM?ANY �-;CtiVe Qate: 1 ON1f2022 Insured Name' KYLL C NSTRUCTICN, INC - Copyright C;NA AZ- Plgh's Re,seNm. :ncludes m:Ac2 V of I r iranee Serv-Tces UF.iice.1nc ,'Ni h PLs parr-ssnn. Packet Pg. 930 Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liabilityr tle- pafa!graph entitled Exclusions is amended to delete its last paragraph and replace it With tha following- E clusiorls c. through n. do not apply to damage by tre to premises while rented to a Named Insured or temporarily occupied by a Married Insured with pert-nissien of the owner, nor tc damage to the contents of prernlses rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as descObed in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE, Subject to 5. abav% $ 5,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of tie suns of all properfy damage to borrowed tools or equilament, and to other personal property o3 others in the Named Insured's care, custody or corilrol, while being used in the Named lnsured`s operations away from any Narned Insured's premises. The insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The [nsurer has the right but riot the duty to pay any portion of this 51,000 in order to effect sett[en-lent- If the Insurer exercises that right, the Narried Insured will promptly reimburse the Insurer for any Stich amount. D. Paragraph G., Damage To Premises Rented To You r.,irrut, of LIMIT'S OF INSURANCE is deletad and replaced by the following: G. Subjectto Paragraph 5. above, (the Each Occurrence Limit), Me Damage To Premises Rented To You Limit is the most the Insurer will pay tinder Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permis�5iori of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer mnsecutive days. The Damage To Premises Rented To You Urnit is the greater of: a- $500,000, or b. The Damage To Premises Rented To You Limit shown in the Decrara#ions. E. Paragraph 4.4.(1){a)(ii) of the Other Insurance Condition is deli tWd and ropla d by the follc ng; (iQ That N property insurance for premises rented to the Named Insured, for premises ternpofei1ly 017.cupled by the Named Insured uvslh the permission of the owner, or for personal property of others In the Named _ Insured's care, custody or control; 16, LIQUOR LIABILITY r, Under CQVEPACES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled _ E.xclusioris is amended to delete the exclusion entitled Liquor Liability. This LIQUOR. LIABILITY provision daes not apply to any person or organhzation who othenvIse qualifies as an additional insulted an this Coverage Part. 17, MEDICAL PAYMENTS A, LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Lim t) and replace it with the following. 7. Sulaject to Paragraph S. above (the Eaoh Occulrrance Limit), the Medical Expense Limit is the most the hrlsutret Wi11 pay sender Coverage C - Med!cal Paymefits far ahl medical expenses because o; bodily injury sustained by ainy one -person. The Medical Expense Limit is the greater of JI) $15,000 unless a different amount is shown here: SN,NNN,NNN,NNN; or (2) the arriourA shover, in the Deda:-atiariv, for Medical dense Limit. CNA74705XX 1-15 - - - -. 4027219828 Page J-3 0 '7 Endorsement No: 5 C N2ITLENTAL C.;JUALTI f COMPANY Eff-ective Date: TCQ1t2022 Insured Name, KYL C-ONSTMCTION, INCC, CopyHghr CNA All Rig-.1B Reseryad. Inclu&* WpyHgrJcd male 0l V I^s 'Arce :N�xs Office, ine., v.M qs Permi�sicn. a Packet Pg. 931 Contractors' General Liability Extension Endorsement B. L}hder COVERAGES, Lhe Insuring Agreement of Coverage C — Medical Payments is amended to replace paragraph 1.a.(3)(b) YAM the following: fib} The expenses are incurred and reported to the Insurer within three years of the date of the accidehtt and 18. ICON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily letjttry and Property Damage Liability, the paragraph entitled l xclusions is amended as follawst The exclusion entitled Aircraft, Auto or Watercraft is amended to add the folloAng: This exclusion does net apply to an aircraft not owned by any Named Insured, provided that' m I. the pf lot in command holds a currently efFeckive cer#ificate issued by the dully oonstitu ted authority of the United a States of America or Canada, designating that person as a commercial or airline transport pilot-, 2. the aircr4 is rented with a trained, paid crew to the Named Irisur-ed, and c E 3. the aircraft is rto; being used to carry persons or prcperfy for a charge. a� 19. NON -OWNED WATERCRAFT a tY Under COVERAGES, Coverage A - Bodily injury and Property Damage Liability, the paragraph entitled c Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercreftr and L replace it with the following - This 8xdu8ton does not apply to: (2) a watercraft. that is not owned by any Named Insured, provided the watercraft is: m (a) loss than 75 feet long, and f° (b) not being used* comy persons or properly for a charge. 20. PERSONAL AND ADVERTISING INJURY—DIS RIMINATION OR HUMlHATION � N_ A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humllistion that results in injury to the feelings or reputation of a natural person. o B. Under COVERAGES, Coverage E -- Personal and Advertising Injury Liability, the paragraph entitled p Exclusions is amended to: > J I. delete the Exdusiorl entitled Knowing Violation Of Rights Of Another and replace it xrith the following: fY]J This insurance does not apply to, t— Knowing Violation of Rights of Another Persona# and advertising injury caused by or at the direction of the Insured vk ith to knowledge that the ad E would Violate the rghts of another and would inflict personal and advertising injury- This exclusion shall not � apply to discrimination or humiliation that results In injury to the feelings or reputation of a natural person, but r only if such discrimination or humiliation is not done intentionally by or at the direction of: Q (a) the named insured, or (b) any executive officer, director, stockholder, partner, r€ternb r or manager {if t1 e gamed Insured is a llmlted ]lability company) of the blamed Insured, 2. add the fallowing exclusions; CMA747QS}C ((. _ Poficv No,—fi-02721982B nt Page 14 of 17 Endorsement NO'. 5 Eftective Date: 1010112022 Insured Name: KYLE CONSTFU=_ 1ON, Comer C-*ri CNA All Ri&d2 K"rryed, Irclurias oapy-i�h-ed maGeri�l f nsul2rCe Se lae3 JfilCw, l,tiq t'-ith s S r titi g lop. Packet Pg. 932 CNA PAR 16.C.5.c CNA Contractors" General Liability Extension Endorsenlr t This insurance does not apply to: Employment Related Discrimination 0!scrlrt 1 mtion or hurnilhaNn diradly or indirect ra;abnd lathe arnp Trlent, prospective arnp4()yment, pe emp�py"nt or torminstlain of 9mpioyment of -wnY pstto6 by any inwmd Promises Rokftd DlscriminoWn discrimination or humll-aation arising out of fhe sale, ranial, lease or subAQasa ar prospaastiva sale, rant lease at sub -lease of any roDm, dwelling or pfamises by or at the direction of any Insured. I► lotwlthstanding the above, there Is no coverage for fines or penalties Iovied or Imposed by a govarnrner)tal anti bacause at MsWmination. The coverage provided by thls MRSONAL AND ADD TISIN 111JURY —DISCRIMINATION DIT NJElmILIATiO Provision does not apply to any person or organ¢ation whose status as an irtsumd dariues Solely from Provision 1. ADI)ITIONJokL INSURED of this andorsernent; or attachment of an additional insured endorsement to this Coveiege Part, This PEIISONiAL AND ADVERTISING INJURY -?IS flIM1NAT10N OR HUMILIATION Provision doa,5 not apply any parson or argani;ation who otherwlse qualifias as an additional insured on this Coverage ParL 21. PERSONAL AND ADVERTISING INJURY- CONTRACTUAL LIABILTTY A. Under COVERAGES, Cova3ra p B —Personal and Aduertleing Injury Liability, tsla pat-S,graph en[ijk Ewluslons is arnanded to delete the oxclusian entitled Conht actual Llabliny, B. Solely for the purpose of the coverage provided by this PERSONAL AMP ADVERTISING INJURY CONTFACTUAL LIABRHY provision, the following chance are fnade to #l19 section antitil 4 SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2:d. is replacaid by the following: d. The atllegations in the suit and the information the lmurar knows about the offense alleged in such st are such that no ronflict appears to exist between the Interests of the Insumd and tho interests ai tl indamnitae; 2. The first unriumbered Paragraph beneath Paragraph 2142kh) is dalatad and riapla,c d by the follovVinq, t- So long as the above conditions are mot, ativrneys fees Incurred by the Insurer in €ltia defense of #F indemnitee, necessary 10gation expanses incurred by the Insurer, and necessary Iitigatlen expenses IncUrrl by the indemnitea at the Insurer's regUast-W[II ba paid as defense costs. Such payments will not be dieam 10 be damages for personal, and advertising injury and will not reduoe the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY » CONTRACTUAL LIABILITY Provision does not apply Coverage S—ftmoml and Adueri:Wnlg lnjury L,leWlty is axduded by another endorsement attached to ti Cwmrage Pan. This PERSONAL AND ADVERTISING INJURY - CO TRACTUAL LIABILITY Provislon does not apply to a perm"" or organization whd otherwise qualifies as an additional insured on this Covaraga Par#, 22. PROPERTY DAMAGE ELEVATOFI A. Under COVERAGES, Cower e A — Wodil,y Injury and Property Damage Liabliity, the paragraph entitl E clusicna is amended such that th s Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) the Damage to Property Exclusion do net apply to propetty damage that results from the use of elevators, ONA74706XX (1-15) Policy No; 402721982E Page 16 of 17 Endorsement No, 5 CONTINENTAL CASaALTAY COMPANY Effective Date; 901 lQO22 Insured Marne: aYOr7sTl Ur_Tzofa { zrac . Copydghl CNA NI RIDWr Rssarwad, and odgy r +yr10C2i9d mstendl9t rna;uanca Bt}Mo3a Oi lam, IrdC„ with lis parrrfa�lorr, r a Packet Pg. 933 A PARR 16.C. 5.c Contractors' General Liability Extension Endorsement @. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, th C3tiner 6rrsuranc a conditions is amended to add the following paragraph; This lnsurancca is excess over any d the other Insurance, whether primary. excess, cDangant or oh any oth4 basis that is Properly insuranca aavaring property of others damaged from the use of elevators, 2& SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -- COVERAGES A AND B is arrnended as follaws. A. Paragraph 1.1h. is amended to delete the $ 50 limit shown for the cost of bail bon4s and replace it With a $5,001 limit; aihd B. Paragraph IA. is amended to delete th43 limit of $250 shown for daily loss of earnings and replace it with 1,DDD. limit 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS if the Named Lneuted unintentionally fails to dlsclssa all exls#ing hazards at the inception date of the Name Insured's Coverage Part, the Insurer will Mt deny overage landar this Coverages Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under 00NOMON , the condition anti#led Transfer Of Rights Of Recovery Against Offers To Us is amended add the following: The Insurer vulvas any right of moovery the lnsurer may have against any person or orgarilzation because payments the Insurer makes for injury or damage arising out of: 1. the Named Ilnsured's ongoing operafions; or 2. your works included in the products-compietad operations hazard. However, this waiver applies only whorl the Named Insured has agreed in +uniting to waive such rights of recovery a written contract or wrlttan agreement, and cclyr if such contract or agreement. 1. is in effect or becomes effective during the terra of this Co+rerage Pert; and 2. was exaoLited prior to the bodily injury, property damage or persmmal and advortialng Injury giving rise to tI Balm, 26, 1P AAWIJP EXTENSION.- OC1P, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PRDGRAMS Mbft: The following prorrislen does not apply to any public construction project in the state of Oklahoma, nor to a caristruction project In rite state of AlasXs, that is not permitted to be insured =dar a consolidated (wrap] Inswance program by applicable state statute or regulation. It the endorsement EXCLUSION — CONSTRUCTION WRAP UP is attached to this policy, or anathw axclusions endorsemont perulning to Owner Controlled lnsurance Programs (O,CJ,P) or Coot cfar Controlled Insumn Programs (G.C:,I.R) isatta0ad, then tholollowirig changes apply: A. The following wording is added to the above-referer ed endorsemsnt: With respect to a consailduted (wrap-up) irmurarrce program project In which the Named Ensured Is or w involved, this amdusion does not apply to those sLims the Tamed insured become legally obligated to pay damages because of I. Bodliy injury, property ftmage,.or personal or adl%t icing injury that occurs during the Named Insurat ongoing operations at the project, or during such operations of anyone acting on tha Named 1nsurix behalf; nor CNA747DSM (1-16) Wage 15 of 17 CONTLNENTAL CASUALTY C=]MANY Insured Nama: 2=2 CaNSTRUCT:10 3 , zNC . Pol[Cy No, 4027219828 Endorsement No: 5 EffeoNa Date. I Of4IlZO22 capy.19M CNA All F119r.13 R§W.Nod. ]MIUdaa =pprlgriad rfierlal Di Ina uranaa Senlm Dfta, Mr., vd(h 1%parmistaa, m a c m E a� a m c L d m L M N W c 0 m 0 J m J Q o! r c m E M r r a Packet Pg. 934 Contractors' General Liability Extension Endor emenf 2. Bodily injury or Property damage included within the produce-00mpleWd operedws huzaM that afse out of those portions of the project that are not rasldentiall strx:etures. R. Condition 4. 17ther Insurance is amended to add the following subparagraph 4.b4lXc): This insurance Is exoess over: (e) Any of the other lnsurarice whether primary, execs, oonfingent or any other basis that is insurance avaiiabl to the Named Insured as a maul€ of the Named Insured baing a participant in a con!3olidated {wrap-ul Irtsivance program, but only as respects the, Named Insured's involvement in that earmofidateel (+mp-ul Insurance program. C, DPFINITMUS is amended to add the folfowirig definitions: ConsolldMad (Dump -up) insumnoe program means a ccnstruct`tan, erection or demolition project for which #}- prime contractorlprojact manager or owner of the constructicn project has se=rad general liabilfty insuranc covering some or all of the corGtractors or suhcontractors Involved In the project, such as art Owrnar Contrclt� Insurance Program (O.C.1.P.) or Contractor Cardmlled Insurance Program (C,C.f.P.). ResideniW ;stnachme moans any stroature where 31 or more of the square foot area is used or is intsnded be used for human residency, Including but nat lim ted to: 1. single or muEfifarnly housing,. apartments, coriderniniurrrs, toumhouses, co-operatives or planned ur developments; a€rd 2. the cDmmon areas and structures appurtenant to ttre structures in paragraph 1. (inducfing pools, hat tub detached garages, guest houses or any slmllar structures). However, when thare Is no irrtiivfdual ownarship of units, pasMenW furs goes nW In #uW mal" houon cvlleg"niversity housing or dormitories, long term acre fadwk:tR. hoWs or rnfAat% RMAkfarej=1 v4n4cwre ek does not lncl+ade haspifals a prisons. This WRAP-UP EXTENSION: OCLP, CLIP, OR CONSOUDATEO {WRAP -LIP} INSURANCE PROGRAMS Provide does not apply to any person or organizatlorx wbo otherwise qualifies as an additional insured on this Coverage Pwf All other terms and ccnifitions of the Policy rernain unchangad. This ondomserneni. which for'rrts a part of and is for attachment to the Polley issued by the designated Insurers, takes of to on the effective date of said Policy at the hour stated in said Policy, unless another effective data is shown below, at axpirat anninurwfly with said I?c4iW. CNA74705 X (I-15) Policy No, 4027219828 Page 17 of 17 Endorsement No. 5 C0NTTN=A-L cl!..tVAL-T-- CCNPANY Effective Date;/0/0112022 Insured Blame; KYLE CQN18TRJCTION , YNC . pogo OKLA AS r:lgW.9 Re6arued. IYwludg9 oopk jhlsd m5Ea19aR or Inc 1r�hGd S4NICe9 Oflka, Inc, wl6t II9 ml�tien a Packet Pg. 935 CNA Business Au 16.C.5.c Policy Endarseme-nt 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY - This This endarsernent modifies insurance provided under t€ G following - BUSINESS AUTO COVERAGE FORM L LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A. 1., Who Is An Insured: E_ e_ Any incorporated entity of which the bloated Insured awns a majority of the voting stock on th c� a date of inception of this Coverage Form; provided Chart, � b. Thd insurance afforded by this provision A_1. does not apply to arty such entity that is an m insured Lindef any other liability "policy" prov'rd'rng auto coverage_ aEi 2. Any organization you newly icgtdre or farm, other than a limited Iiabi€ity company, partnership or joint venturer and over which you mairitain majority ownership interest. The insurance afforded by this provision A.2.. f° a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy ;? period of this Coverage Form, or the next anriiversary of its inception date, vvh€cheve r is earlier m b. Does not apply to, (1) Bodily injury or property darnage caused by an accident that occurred before you acquired m formed the organization; or M (2) Any such organi;?ation that is an insured under any other liability "policy" providing auto LL r c overage. 3. Any person`, or organization that you are required by a written contract to name as an additional `✓ insured is an insured but only with respect to their legal liability for acts or omissions of a person, (1) who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability c Coverage is afforded under this pal€cy. If required by written contract, thls insurance will b2 primar o0 and non-contributory to insurance en which the add [tic nai insured is a Narned Insured, p 4. An employee of yours is an insured while operating an auto hired or rented under a contract or J agreement in that ernployeeIs name, vv[thy your permission, while performing duties related to the m J conduct of your business. Q "Pofiny"r os used in this Provision A. Who Is An Insured, includes those policies that were in farce on ~ The inception elate of this Coverage Form but- � 1. VVh1ch are no longer in force; or m E 2. Whose limits have been exhausted. t ca r r R. Bail Reads and Loss of Earnings Q Suction II, Paragraphs A.2. 12} and A.2. (41 are revised as follows: 1. In a,(21, the limit for the cost of bail bonds is changed from M000 to 5,000; and 2!. in a_(4Ir 1-11e limit for the Joss of oamings is Chang -ad frorn $250 to $BOO 8 day - Form No; CNAS335�XX fo4-2a12� Policy No: BUA 20246p89-42 �ridorsemsmt Effective [)ate' EndOTSUrnent Expiration Date- Policy Effectiv-- Date: 10101120Z Endorsement No: 12; Page; 1 of 4 Policy Paga: 82 of 126 Uncti i rylritlnL� Company; N&t1or'21 Fiae Insurance Ccrn;sany of Harrtord, 151 N FraikEi) Str Chicago, IL 6U06 Copyrfght CNA AJI Rlglits Reserved, 1.mILiLJeu copyrighted materiat of the Packet Pg. 936 CNA C. Fellow Employee k16.C.5.c Business Av o 0 icy Policytcorse��te._� Section i[, Paragraph 13.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other colie cdblc insurance. II. PHYSICAL DAMAGE COVERAGE A- Glass Brealtage - Hitting A Bird Cr Animal - Falling Objects Or Mir,!Ac5 The following is added to SeC:f"CR Illr Paragraph A- -, With respect to any covered avto, any deductible shown in the DaclBraticns will not apply to 9la$$ breakage ii such glass is ropaired, in a rnannor acceptable to us, rather than replaced. B.. Transpartatfcn Expenses rn Section Ili, Paragraph A.4.a, is revised, with respect to transportation expense incurred by you, to crs a prc+ritfe= ..+ a. $60 per day, frl lied of $20; subject to c m E b, $tr 00 maximum, in lieu of 0 600, C. Loss of Use Expenses Section [li, Paragraph A.4.b. is revisedr with respect to lass of use expenses incurred by you, to S provide: M� rQ00 max1murn, in lieu of $600, .r D. Hired "Autos" M The following is acfded to Section Ul. Paragraph A., > m 5. Hired "Autos'' ca L If Physical Damage coverage is provided under Wu policy, and such coverage does not extend to hl[rec AUtvSr then Rhysica[ Damage coverags is extended to: M a. Any covered auto you lease, hire, rent or borrow without a driver; and N_ br Any covered auto hired or rented by yauf employee without a driver, under a contract in that to indfvidua[ employee's namcr with your permission, hila performing duties related to the o conduct of your business, m o. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost > of replacement or $75,000, whichever is less, rninus a $500 deductible for esch covered auto, m No deductible applies to loss caused by fire or lightning- -J d. the physical damage coverage as is provided by this provision is equal to the physical damage W coverage(sl provided on your owned autos. � e. Such }physical damage coverage for hired autos wffl: r � ill [rtciudG loss of E.Isar prov[ded it is the Cerlsaquence of an accident for which the Named E [nsured is lcgaily liablc, and as a result of which a monetary loss is sustained by the leasing um or rontal conGern. Q i2) Such coverage as is provided by this provision will be subfect to a Urn -it of 750 per acddent. E. Airbag Coverage Tiro following is added to section in, paragraph B.3.. The accidental discharge of an airbag shall not be considered rnechanical breakdown - Form Nr,: CNA63359)Xx (04v2452} Policy Nq• BUA 2024508942 Endorsement EfFec.lvE: Data: Elldar8ement Exp:ration D6t�: Policy EfferTivo Date- 10i01=2e Endorsemunt No: 92; Pa9e; 2 of 4 Policy Page; 83 of 125 U.Idez-wribnq ComPa",y; Nat i0n31 Fire Isuranoe Corrpa7y of Hartford, 1 1 N Franklin St, 4" hicsgo. 11, �OB06 I Packet Pg. 937 1�1 C+l rwria l'Yt 4'N4 All Rdax Perin. ]ngii irJoc I-nrn1winl7l url r,7 of=ri=i n9 tha CNA 16.C.5.c Business Auto Policy F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical €carnage Coverage on a Covered auto also applies to loss to any pernnanentfy installed electronic equipment including its �sn;ennas and other accessorfes d. A $100 per occurrence deductible applies to the coverage provided by thfs provision. G. Dirninution In Value The folioMng is added to Section III, Paragraph B,G.: Subject to the following, the dirninudon In value exclusion does not appfy to. � aI. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a drivE m for a period of 30 days or less, while performing duties related to the conduct of your husines;: a and b. Any covered auto of the private passenger type hired or rented by your employee without a c E driver for a period of 30 days or less, under a contract in that individual employee's flamer witl � your permission, while performing duties related to the conduct of your business. c. Such coverage as Is provided by this provision is lfmfted to a diminution in value loss arising a m W directly out 0f accidontaI darnage and nDt as a result of the I�i Hure to rna€ce repairs; faulty or S incomplete maintenance or repairs; or the installation of substandard parts, d. The most we will pay for la*& to a covered auto in any one accident fs he lesser of: .r 11 $5,OOE3; or M f21 20% of the auto'-5 actual cash value {ACV). > Ill. Drive Other Car Coverage — Executive Officers m L The fallowing is added to Sections II and III: � 1. Any auto you don't own, hire or borrow is a covered Auto for Liabifity Coverage while being used by, M and for Physical' Damage Coverage while in the care, custody or control Qf, any of your rre eCutive N officers", except; ., a. An auto awned by that "executive officer" or a member of that person's household, or rn o h. An auto used by that "executive officer" while workingm in a business of selling, servicing, repairing or parking autos, 0 Such Liability sndfor Physical Dernage Coverage as is afforded by this provision. m (1 i Equal to the greatest of those coverages afforded any covered auto: and J � (2) Excess over any other collectible insurance. ~ 2. l=of purposes of this provisfon, ,.executive officer" rnean3 a person holding any of the officer positions r created by your charter, constitution, by-laws or any other surkilar govemfng document, and, while a t resident of the sarne househofdr inofudes that person's spouse, o c� Such "executive officers" are insureds while using a covered auto described it this provisiori r Q [V� BUSINESS AUTO CONDITION A. Duties In The Event Of Accident Claire, Suit Or Lass The following is added to Section 11f, Paragraph A. .a., F,crrr. Na, GNA63359 x 14 ^20 F21 Policy NO: BUA 2024508942 Endorsement r:f:ective pate: Endorsement Explr@lion Dme; Policy Effecllve bate: 10J01l2022 Eizlorsement No: r2. Page; 3 of 4 Policy Page; 84 of 126 Underwrffng Ccrnpwy: National Fire In4uranr-e Company of Haftfardr 151 N Franklin St, CS;Icago, IL. fiOQ0v Coxivrinhi'(-kA pll Rinhtx hPSPrVaFI lnrr��ria.e d71-Mv6nhrr1d 3-1.1i.1 ;.i IJ.0 Packet Pg. 938 CNA 16.C.5.c Business Auto 0Icy 14.1 Your employees may knovv of an accident a Ioss. This will not mean that your have such knowledge, unless such accident or loss is known to you or if your are not an individualr to any of your executive officers or partners or your insurance rnanager- The following is added to Section IV, Paragraphs A.2_b., (6) Your employees may know of documents rec-eived concerning a claim or suit, This vVill not mea that you have such knowledge, unlevs receipt of such d❑Gurnents is known ko you or if YOU are not an individual, to any of your executive officers or partners or your insuranrco marjager, B. Transfer Of Rights Of Recovery Against Others To Ue The folrowing is added to Sf C"iun IV, paragraph A.S. Transfer Of Rights Of Recovery Against Others T, ;4, Us- m e waive any right of recovery we may have, because of payments We make for injury or damage, c,s a against any person: or organization far whorn or which you are required by written contract or t agreement to obtain this waiver from us. m This injury or damage mtlsl arise out of your activities under a contract with that person or E crgarlization. You must agrcu to that requirernent prior to an accident or loss. a C. Concealment. Misrepresentation or Proud c M The following is added to Section IV, Paragraph 6.2., � Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not d f° prejudice you with respect to the coverage afforded provided such failure or omission is not intentional, -0 D. O#hor Insurance m The following is added to Section ICI, Paragraph 113.5,; iM Regardless of Ohs provisions of Paragraphs 5.a. and 6.d. above, the coverage provided by this policy shall be on a primary non-contributory basis- This provision is applicable only when required by a e� � written -rontract, That written. contract must have boors entered into prior to Accidant or Loss, N_ rn E. Policy Period, Coverage Territory � Section IV, Paragraph B. 7.f51.#a]. is revised to provide, 0 m 0 a. 45 days of coverage in lieu of 30 days. —J m V, DEFINITION—J Q Section V. paragraph G. is deleted and replao�d by the following: � H Bodily injury rneans bodily injury, sickness or disease sustained by a person, including mental angivish, c mental injury or death resulting from any of these. E c,s r r a Form Nc= CKA6S8 9 104-2412) Palmy No! eUA 2024-54�942 Endorsement Effective Date- Endorsement Expiratior, Date: Po oy E:Ecctive Date: 101OU2022 Ef:4or5erRe 7l No: t gage; 4 of 4 Poiioy Flags; 85 cf 125 Urlde=tiwritin�F Company. National Firs Insurance Company of Hartford, 151 N F;ankli:i St, Chic-q[ IL GQCPD6 rJ C=r5nvri-f i I -MA fill Rihh7c RpP prLhcri rvn.,,..�nhtfiri Packet Pg. 939 16.C.5.d From: Diana Dueri, Senior Project Manager 239-601-1290 Telephone Number Diana.Dueri@colliercountyfl.gov To: Potential Quoters UEST FOR QUOTATIONS FOR MULTEPLE PROJECTS UNDER CONTRACT 20-7800 "Under round Contractor Services" Selected Vendors: Douglas N High Haskins Inc. K le Construction Mitchell & Stark Coastal Concrete Products Southwest Utility duality Enterprises As provided in the referenced contract, the Engineering and Project Management Division is soliciting quotes for the referenced vroiect. Trail Boulevard Water Main Re lacement — Phase 4 Due Date_ Pre -Quote Meeting: Q&A Deadline: ~ Number of Days to Final Completion: Scope Provided Plans and Spec,, Liquidated Darr & Performance Bonds Friday, July 8, 2022, at 3:00 p.m. 13y e-mail to Diana. Dueri(@co1Hcrc ountvfl _ gnv Wednesday June 29, 2022 at 9:00 aam_ 4425 Progress Avenue — Naples, FL 34104 Wednesday, July 6, 2022 at 5:00 PM 150 days total _ Yes Yes $886.00 per day If over $200,000.00 Your quotation response for this project is due no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date_ If your firm is unable to respond electronically, your quotation must he received in the office of the Purchasing Department at the above referenced address no Iater than the time and date specified. We look forward to your participation in this request for information/quotation process. 1 eName'AFirmComplete Lega ,Lao- `7a z3g) 9 Tele 1 F Neu er gn e — ro' 3r- Mckkr Title Print Namc e Packet Pg. 940 16.C.5.f WORK OR.DERIPURCHASE ORDER Contract #20-7800 "UNDERGROUND CONTRACTOR SERVICES" Contract Expiration Date: June 21, 2026 This Work Order is for professional services for work known as: Project Name: Trail Blvd Water Main Replacement - Phase 4 Project No: 70181.2 The work is specified in the proposal dated July 7, 2022 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: ale Construction Scone of Work: As detailed in the attached proposal and the following: * Task I Perform all Tasks as described in the Request for Quote and as listed in the attached quote, * Task 11 Allowance Schedule of Work: Complete work within 150 days from the date of the Notice to Proceed which is accompanying this Wort{ Order. The Vendor agrees that any Work Order that extends beyond the expiration date of Agreement #20-7800 will survive and remain subject to the ternas and conditions of that Agreement until the completion or termination of this Work Order. Compensation In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ® Negotiated Lump Slim (NLS) Cl Lump Sum Plus Reimbursable Casts (LS+RC) ® Time & Material (T&M) © Cost Plus Fixed Fee (CPFF); as provided in the attached proposal. Task 1 $493,965.00 (NLS) Task II _ $50,000.00 (T&M) TOTAL FEE $543,965.00 r" PREPARED BY: � . 12/5/2022 Diana C. Dueri, PMP, Project Manager III EPMD Date - �'..��: E.senhmin euren�cas mouhnwi. -.CH•83atl9enpmY�,WLene��OIkPPIA Ihw L7�lIp err en m' Y1,.I�aiWs, W=PuO PIarv�InG�M P.ojM Gl ll�Gl l,�l l l�i I/le naVimeM. olrPW.qu=[knskm. oC mac, APPROVED BY: pFc0� 212 3W47 -"'�'Wte�2Gii 1213 D3'�1:1816W' Benjamin N. Bullert, P.E., Supervisor Project Management Date EPMD APPROVED BY: ' McLeanMatthew g-,-- ;�` �.�°".`"�"�'�`---- � "� °—'" Matthew McLean, P,E., Director EPMD Date A ?/a% 12062022 Packet Pg. 941 16.C.5.f Ii b by_p Digitally signed by libby_p APPROVED BY: t?ate:2022.12.13 15:19:41-05'00' Pain Libby, Distribution Manager b rog d o n h Digitally signed by brogdon_h APPROVED BY: —Date: 2022.12.13 15:29:09-05'00' Howard Brogdon, Water Director C u rryAm i s Digitally signed by C2 a Date: 2022.12.20 15:49:0:49:02 APPROVED BY: 05'00, Amia Curry, Financial Operations Director Digitally signed by YilmazGeorge g YilmaZGeor a Date: 2022.12.2016:11:28 APPROVED BY: 05,00' Dr. George Yilmaz, Department Head PUD Date Date Date Date By the signature below, the Firm. (including employees, officers and/or agents) certifies, and hereby discloses, that, to the bestof their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizationa.I, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fatly disclosed. Additionally, the Finn agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Kyle Construction Abra an Dat A?"-, 12062022 Packet Pg. 942 16.C.5.f IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Work Order on the date and year first written below. ATTEST: Crystal K. Kinzel, Clerk By: Dated: (SEAL) rst Witness TTy e/print witneBel tifir I j &— ec d Witne Lana- Abraham TType/print witness nameT Approved as to Dorm and Legality: Amiisf County Attorney Pu Sift R-71e"4-4- L-- Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman Nat TType/print signature anctit tleT A?"-, 12062022 Packet Pg. 943 16.C.5.f FhajeW Manager. Rlaia Ruwl Bld we Rate' .hdy fl,2w Bl1 TabWagan fW q� —W dit.tM M-6W PWC Mc Say .tHHdec,w Cwelal Cal W.Nw H,"k t w v m N O t a c d E m ca a m c L d > m L M N N N T- N N d > O L Q Q m 0 a U m rn d 00 L �.a C O ci d Y L d L 0 L O C d E t <.i a CA Packet Pg. 944 16.C.5.f From: To; Diana Dued, Senior3Project Manager 239-601-1290 Telepihone Number Diana.Ducri@colfieT3countyfl.gov Potential Quoters 3 _ UEST FOR QUOTATIONS FOR MULTIPLE PROACTS UNDER CONTRACT 20 7800_"Underround Contractor Services" Selected Vendors: Douglas N 1�yl"?tns.._-_ Haskins Inc. IC lc Construction Mitchell & Stark _ Coastal Concrete l'raduct,_5_—_......__.._..._._.._...._...-�_M_.._._.._.�,..._...._ry_____...- _.,.. _.._._ Cougar Conti acting _ Southwest Utilitv _ Quali Ent"ises_ As provided in the referenced contract, the Engineering and Project Management Division'is solicilingrquotes fay the referenced project, Trail Bdulevard Water Main Replacement -- Phase 4 Friday, July 8, 2022, at 3:00 p.m. By e-mail to RPQ Dye_Date. Diana.Dueri(&,colliercopqA.gov Wednesday Jane 29, 2022 at 9:00 am. l're�C tzate Meet'ttl 4425 Pro,ress Avenue c —Naples, FL 34104 Q&A-Deadline_ —_-' --'__. _ ___ ... Wednesday, Jul 6y , 2022 at 5:00 PM — Number of Days to final Com pletiou: 150 dais total Scone Provided _ Yes _. Plans at�d S aecs Yes _...._....__....__..�__ �._._u. Liquidated Damages: $886.00 per day Payment & Performance Bonds _ - - -_ over $200,000.00 _ Your quotation response for this project is due no later than the; date and time specified above. We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and dare specified. We look forward to your participation in this request for i3iformation/quotation process. Packet Pg. 945 16.C.5.f Ll t€1ls exhibit is not apptfaable Exhibit C-1 PUBLIC PAYMENT BOND Bond No. MIC03066 Contract No. 20-7800 KNOW ALL MEN BY THESE PRESrtNTS; -'hat Kyle Construction. Inc. as Principai, and n COrri an Mutual a Surty, loctd at 6700 Westowii Parkway. West [)es Moines, Iowa 50266 �SUSIness Address are held -and flt'T'F7� ba nu d r F:c HmJred Fal-Menn2usani Njrc Hi ratl # ��J — _.. ' • _as Obrige In the &ii,� m of iy�ixry�Five oars sarA Ze C-rrs _ { for the payment whereof we bind ourselves, oar heirs, exe"tors, pamonal representatives, successors and assigns,.jolnUy and severally. V1WHERLAS, Principal has entered into a contact dated -as of the day of 20 with Oblige for Trail Boulevard Watermain Replacement Phase 4 in accordance with drawings and spedficattons. Which contract is incorporated by rgerenoe and made e part; hereof, and is referred to as 'ttie Contract. THE: CONDITION Or THIS SCND is that if Principal - Promptly makes payment to alt claimants as de- bed in Section 255_05(j), Florida statutes. supplying Principal with labor. materrals or supplies, used directly or indirectly by Principal in the proseoutian of the worm provided for In the contract, there this bone is void: otherWise it remains in fn[l force. Any changes in or under the Contract and comp iancie or noncompliance with any formefitie$ connected with the Contract or the Chang" do not affect sureties' obligation tinder this Bond. The Orcr lsions Of this bontfd are•subject to the a limite#ions of- ecdon ?55.0592, Ire rao event 101 the Surety be liat?;e in the aggregate to cialmants for mare than the penal stem of this Payment Bored, regardless of the number of sorts that may be filed by plaiments. IN WITNESS WHEREOF. the above parties have executed this instrament1his 28th day of ve 2022, the name of under -signed repreae body. ntetive, pursuant to eethoauthorityt f its governing Page 18-01 33 I^W.Coniract4.' Aware AgrCAmahl [F02,5 v r.tt Packet Pg. 946 16.C.5.f Signed, sealed and delivered in#fie pose ��f. es Frtrtcip6i STA-[E OIr COUNTY -CIF rO-317rrakw.lrc The foregoing instrument was acknowledged befara rrre by means of ffi<4jyGicm1 presenw or © oniirie rtoiarr#iorr,.this � xrf �a �+ , a� of ..-.._ corporaticl3, on behalf of the wrWrairon, Helshe.is persdnaliy nowri to me OR has.produced as identiftaation and did (did not take.art eaft My Orxnmfsslon Expires: 8(rgwtu omoary blcSate of Florida) l dry �rrs;ti Name: & W '1 1 t, * Ir'� WyC0W9SM0N#G ;tr &T (Legibly Printed) -�= EisFs:.lW ,zo2a (A t pvWLkraawkM Notary Pvblic,'State of ATTEST: Wapess as to Surety Commission No.: SURD - ANY (Pfinted nacre) (MUTUAL) a700 Westown Parkway West Des Moines, Iowa 50266 (8usinerm Address) (Authored Signature) (Prinked name) OR r'3gc 2G of ,"� r�rc�u• orttsa cN Huard Age-e reot IZO.2i uer.11 Packet Pg. 947 16.C.5.f ti As Attornay in rAd (Attach Power of AElorney) VTC insurance Group 6820 Porto Fino Circle, #2 Fort Ayers, Florida 3 912 �( �vsi � . d5s Wenry E.Engs n, Attorney -In -Fact and Florida Resident Agent (Printed blame} (239) 2.75-8226 (Telephone Number) STATE bF Florida CC?uNrry or _ae The ftaregoing insirument was acknowledged before me byy moans of - physiml presence or Q online rjotrizatfion, tW28th of cove ber 2 22 by WendyL, Hmgson - _..asAttorney- !n-Fact Of a I Wfi oo"rafun. on behalf Qf the core f ffan. prsha~ is personally known to me OR has produced N! as identifrcation andA(did not) take an oaih. My Co,rm[Wmii Expiras: (AFFIX OFFICIAL SEAL) a' Navy Public State Cf �IoRidB Davrtti M p�1a0 „ FAY C 329JD a Exams f 0 , ff)Q- (Sf' nature of Notary Public State of Ma) Name: Dawn M. Cnzo (L"I }ly Printed) Notary Public, State of C0rnrniS,8j0A cqo.: GG328505 pD Page 24 of 33 nnull'+.Corr�9�arAwareirgreeme�rk[2021 a�r.il Packet Pg. 948 16.C.5.f this exhii it is not applica,ble 1XF-IIBIT 0- -2 PUBLIC PEERF ORMANCE BOND Bond No_ MIC63066. _ 6antract No- _20-7800---- KN0W ALL MEN BY THVIsE PRESENTS: That Lie Construction, Inc. .aaPdn ipal,and Merchants So.n ing_-_ompany.-- uival , as S fety, located at inn �n� str„x�r� P �rl�,va ;ftsf of Moines, Iowa 50260 (Susln�ss Address) are held and 1Frm F + OU�d tv - -- ollier outs _, as Obli a In the stem of SI Hu gi r r nd tee �. _�Ci�.� F.,,n i1 r31arc 3Pflie'P. rJLR (S 5 65.00 ) for the payramt whem,6ff'wu i)ond ourselves; nut hafrs,. execM03, per-jor p-1 representatives. successors and dsstgns, jointly and severally. FiE REAS, Principal has enterer] into a contract dated a ,ofi the day of 20 .__, wKh Oblige for Tcaii Boulevard Watermairt lie jaaement Phase in 8000rdance with drawings and specifications, which r nntrractor is incorporated by reference and trade a pat hereof, and is referred to as the Contract. THE CE?NDMON OF THIS BOND is that if Principai. 1. Perfnrmx the Contract at the -UMee and in the manner prmcribed in the Contract, and 2. Pays Oblige arty and all losses, damages, costs and attomeyz' tees thtit Oblige suswths because of nny default by Ptincipal under the Contract, including, but Faot lirraited to, an delay damages, whether- ligb1dated oraclual, incurred by Oblige; and 3. Perfom-s the guarantee or all work and rrraterials forWIE red under the Contract for the time specified in the Gontract. then this bond is void; otherWise it rerr airs in full force. Any changes ifi or under the Contract and compliance or noncompliance with any rormalities connected wilh thc- Contract or the changes do not affect Surettss obligation under this band. The Surety, for vaiue received, hereby Stipulates and agrees that no changes, extensions of tirne, oltj�ralions OF additions to the terms of the Contractor other work to -be performed hereunder, or -the specifications raff,rFed to ttierein shaft in any%vise affect its.obtigstions under this*bond, and tt does Wraby waive:rHAite of any such changes, extensions of time, alternations or additions to the termm of the Cordtmcl tar to work or to the sFeeific ation& Pggv 27 of 33 Mur(i-�rmVactctAw�rd Agr�emanr l"cA�i_ver,is 9Ci Packet Pg. 949 16.C.5.f This instrument sttaff be construed in all aspects as a cart Mori law bond, Et is escprossly undemtood that the time pravisions•apd sta"e.of lirdtations under Section 255.05, Flcidda Statutes, -shell not -apply to this bond. In no event will the Surety be ilablo in the gregate to Oblige for more than the penaf scarf of this Performance hand rqgardess of the number of sous that rr yy be fled by Oblige. W WITNESS Wf-1 RE OF, the above parties have executed this instrumnt this 28th day at_ November 2 2� r the name of wch party being affixed and these presents duly signed by its its undersigned repmsentat'Eve, putzuant.to authprity.of rsi aoveming body. Signed, sealed and t#clivered PR;NCIP KYLE„ C Its; STATE OF � � L COUNTYOF - .Dl ig! The TiriegoEn insir+�mant wigs acat byMedged before me by meanz ofrl�iysical presence or 0 online ri to thES of r 2044z. by tAmn qF a corporation, on behalf of the corpotativn. He1she is �emontaf k y4n to r OR has produced as irerttitication and did (did ntrt} take.an oath. My Commission Expires. (AFFIX, OFFIML SEAL) �� i�PIfiES•3ttiy7,i i.111.5 w ($'rgrlatre of fast u tC-S'tats oirEcxritiat Name,, Thoi a if a LAI in - &a. (Legibly P4 tadj Notary Public, Mate of �rammissian i�t3.: Page 23 of 33 MA-Cw rttaor Award Agreement r2O2l vu.11 Packet Pg. 950 16.C.5.f ATTEST: Wetness as to Surety STATE of Florida COUNTY OF Fee S LJ.R ETY: MERCHANTS BONDING COMPANY (MUTUAL) (Printed Larne) (15u5inm Address) (Authorized Signature) (Printed Name) w As Win tt (Attach Power Of Attorney) VTC Insurance Orou 6820 -Porto Fino Circle, Fort Myers, Florida 33912 (Business Address) Wendy I-_ Hingson, Attorney-ln-Fact and Florida Resldent Agent (239) 275-8226 (Printed Narrw) (239) 275-8226 (Tale�hons Lumber} The foregoing tnstrurn rtt way acknowledged before rno by means of M physical prewnoe or 0 online notar"tion, this 28th of November 2022 . by Wendy L. Hincgson" , Zia Attorney -In - Fact Iowa emporation, are behalf. Of the COrpolaiion, fshe is :pmonah kriotiafi #a rr+a DI1 Has -produced _N18 _ as identii"ication and OX(did not.) take are oath. — — my Oerrtmission 1=xpires: __yh I (olno,)j (SJ_9va .ere of Nouary.PuhlicState cf'raoMa) Marne: Dawn M. Onzo (AFFIX OFFICIAL SE -AL) (L4gibly i'rinted),.._.. _. Notary Public, State of Florida N0Wy Publio5mt6 cd Fbridak OtllrTli Sian too., CaG328 Q r}awr� M 0nzo „ My Gantrcainn GG 928545 � E�Ir� {�fU1r242B page 74 of 33 1&1u,GonUac[arAwardAlt"oWcg0021_vj�F_q eM N N N N N_ as O L Q Q 0 Q 0 v a� N �a a. m L c O 0 a� Y m L 0 O C N E t V Q CA!'' Packet Pg. 951 16.C.5.f MERCHANT BONDING COMPANY - POWER OF ATTORNEY KrawAgPersons Ely These Presents. that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., both being corporations of the State of Iowa (herein collectively calldd the "Companies`) do hereby make, constitute and appoint; individually, Alan P Chandlor, lien d Donald; Jeffrey A Ohandler. Kathleen M Irelan_ Rahert Trobec; Susan L Srnall; Wendy L Hingson fheir true and lawful Attomey(s:-in-r'act. to sign its name as surety(ies) and tQ execute, seal and acknQwledga any and all bonds, undertakings, contracts and other written intleufneMs in the nature thereof, on behalf Q' the Companies in their bus;nass of guaranteeing the fidelity of persons, guaranteeing ttre performance of contra( t% and axacuting or gUarantersing bonds and undertakings requlrmd or permitted in sny aMtians of proceedings anQweed by law. This Power -of -Attorney is granied and is siortad and sealed by fvolmila under and by authority of €he following By -Lays adopted by the Board of Difactors of Memharlts Banding Company (Mutual) on April 23, 2011 and amended Augus; 14, 201;; and adopted by the Board of Directors of MorchantsNational Banding, Inc., Dn October 16, 2615_ "The President, Secretary, Treasurer, Qr any Assistant Treasurer or any Asslatant Secretary r,r ary Vivice President shall havLa power and authority to appoint Attorneys-in-Fncl, amd to authorize €hem to execute on behalf oI the Company, and attach the seal os the Company theretd, bonds and Umferta%ings, recognizances, cdntracs of indemnity and otherwritinge obligatory in Iha nature thereof." "The signatu re of any authorized officer and the Baal of 'he Company may be affixed by facsim lle or eleor❑nir Transmission to any Pjw'er of Attorney or Certification thereof authorizing the execution and delivery of any bond, underfaldng, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shah have the sable ft me and efieet as though manually trxed•" In cannectiQn with obligations it favor of the Florida Depariment of Transportation orly, it is agreed that the power and but horny hereby given to the Attorney -in -Fact includes any and all cvnsimts for the release of retalned percentages 6Tto10r fl)al estimates on engineering and oonstruction contracts required by the State of Flo5da Dapanrnent of Transportatiart. It it fully Unders(Qod Thal consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contr^uctnr andlcr its assignAe, sholt not relieve this surety company of any Of its obligations under its bond. In connection viith obligations in favor of the Kentucky Di�eartment of Highways only, it Is agreed that the power and authority hereby given to the Attoiray-in-Fact cannot be mtdifled or revoked unless prior written personal nofica of such intent has been given td the CQn3missivner- Gepariment of Highways of the Cornrnvnwrsalth of Kentucky at toast thirty (30) days prior to the madiflcation or revs cation. In Witness Whereof, the Cornp$:,iss have caused this instrument to be signed and sealed this 11th day of February 2D20 Y &I MA NA,( fAFRCHANTS SONIIINC% COMPANY (MUTUAL) i+' 3>r+' MERCHANT NATIONAL UONVING, INC. �'*'�.: �Qr +'Ely , STATE OF IOIAfA COUNT Y OF DALLAS ss. Or this 1Ith day of February 2020 Wfare me appeared Larry Taylor, fo me personalty knQwn, who being by ire duly sworn did saythat he is President of MERCHANTS SONDIHG COMPANY (MUTUAL% and MERCHANTS NATIONAL BONUINO. INC.; and that the seals affixed io tine foregoing instrument are the Corporate Seals of the Companies; and that €he said instrument was signed and seated in behalf of Iha Companies by authority of their resp€otlw Boards of Dirootvra, o f omrnissiorl.'Ni mbar•7.60a76 z ''sa ` '� fly Comdiiskon Exj*08 * , 4anuW-07, 2023 NofafyYubfic (Expiralion of notary's commisslon daft rot invalidate ties instrument) I, William VVamer, 41., Secretary of MERCHANTS BONDING COMPANY ()A(JTUAL) and IMERGHANTs NATIONAL BONDING. INC., do hereby certify that the shave and foregoing is a true and correct copy of the POVIER OF ATTORNEY executed by said Companles, xanich €s still in full lane and effect aro hss not bean amended or rev4ke3- In 1l Mess M. emof, I have hereunto set my hand and affixed the seal of the Comps lies on this 28th daY d November, 2022 � 'say G'rt 0 0�..,Caw, •- �� :�;� _a_ Q;ta� •.two •a- �= ' J+ti 4,,"W M +y/�ri�/��y ,( Z. ■j�/f7 : I I,l4�V .•. �+ a!%Iprf�r Mj! POA 0018 (1120) 'f+,rlf,Nt Packet Pg. 952 16.C.5.f AiCOW0` CERTIFICATE OF LIABILITY INSURANCE A11/28/2022 THIS CERTJFICA7E IS IS W0 A$ A MATTER OF INFORMATION ONLY AND CONFERS NO F WHTS (iPON THE CER nrICAT;-' HOLbER. THIS CERTIFICATE DOES NOT AFIIRMATWEL`d OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SEL.OW. THIS GIRT€FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 114SURER(S), AUTHORIZED REPKOENTATIVE OR FRODUCEP, AND THE CE.RT)FICATI; HOWIE% IMPORTANT: if tha Cerdfoa"tte holder it an ADDITIONAL INSURED, the poUcy(ies) must be endorsed. if SU13ROGA110N IS WAlVE0, 5ublect to d the toraw snd r onditions of the pe6Cq, corWrl pollcics may require an endorsemerrL A sletetnerit on this certificate doas not confer rights to tha a certificate holder in lieu of such endorsement(sj a PRnIYUCE NAME• WCntI ?FXrc �4n S n v'-C insurance Group F ;, Myer, of€-oO 61120 Porto Fins Ciscle $to 2 Ft. Myors F% 33912 1NSUP—co XWle 3635 pz'aapect Av9riue )Aaples, Florida 341Q4 PftaME I239}275�8226 Ed1ALL whin sbn vtCiriS . COtt� annRFFi! g INSURER D : tt CURER � - NELIRER F t 1Aw?V;w0e Co. Tnsursnee Co. COVERAGES CERTIFICATE NUMBER:22-23 '3a42"M cox REVISION NUMBER: ?I'II5 ISTQ CERTIFY THAT TFE FOLICII=S OF INSURANCE LILTED BELOW NAME BEEN ISSUED TO YHC INSURE 0 NAMED ABOVE FOR THE POLICY PERIQD INQ$ ARTED, NQTiMTliSTANDINGANYRrQUlt;tr; r=..W TERM OR CONDITION QFAITY CONTRACT OR0.114ER DOCUMF.NTWTH REtO?EOTTO WHECH THIS CERTIFICATE AJAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS $UBJECTTOALL THE TERM$, EXCLUSIONS AND CO NL7ti'.ANS OF $UGH POLICIES, LIMITS SHOWY MAY HAVE 135 EN RCDIICED BY PPJD CLAIMS. WfiR t Lin i 'TYPEOFASURANCE L INSO SL3R vtvo POLICYNUMBER POLICY EW rd ayyre POLICY UKF mAJDO.rfti'�'1'I LIMITS X t COAVIERCIM. GENERAL 41A91L TT EACh. 0^, URRO CE � 1,000 GLA1 7.S5,uAr] A UR I 4 piM?FrET ,DENTED PREMISES Ea 40.yYfBfY79' 3 100 rew ExP IA,iy ;nc :ax_n1 S 15 7C aoz7zzg9za 20J1 f2o22 iof=/2023 farR5CN�L & F4 Sr IYJLI�Y L 1,000 t ± � L'•,E.YERnLRGGREGAT E S 2,400 I (;EfJL A1)1)R9WT5 LWIT APPLIES PCq: � S 2,449 FRo•RCDGCTS•DitFKk'AGG DC I E 5 I AUTCflfl81L�LA9ILJTY =A?RK=-0 SENG-z LWIT Pa s acten 5 1, 400 0Uf't;Y INJURY (Perpmwr, ,_� 5 B ' AYYAU-Q A Ova�1 S SCkCDJLE. AUTOS l+rliir5 t NCf,:CW.VEp X HIR¢GALJIOj x t AUTO? x 202a50SSa2 Fe/L/2422 :.41I/ 4x3 OCJrJI:Y ih'JURY (F651EidEdSti 5 PItt7F'ER'Y ORr�IAvE : scaCenL1 g Ltnnumd Rolonitcvrfoned nnAle $ L road t e X UMMELl.AUAd9 x 4C: UH ; EACH 0=..RREtXZ S 5,040 AGGKG&TE 3 00033UAs �.�h1S-k1FLlc I ptR RGeEhmOk 6 50.00A 4 [ 60790324G8 L6f�f2432 �0f1fxP23 1q Q EFI 9 YE"' UARILI N E,'�Nq Er�LOYER5' uaaiLlY Y2 U Awr PROPRIETCRdatR711ER?EKECVnvE !QFFICERrMFMSEREXCLL`JEW. MNIR Q It:,Sandatory in Nit tl �y tlasolas u "o %DRLRlr�ro l OF OPERA-nms SeIwo r 1QY3E735T7 !of'-J2022 xtifx/2029 t R=r? G=H '•{ter 1:.L. E4Ci AGCIpWfaT i $ Soo 7 E.L. DSE 5= • EH L 3YEE L S SSSY E.U, D,SEA6= . PpLIC::' US.11' ? 3 b00 r i S I , nESCRIF•WRCF OPERATION'S I L=ATIOM IVEHIQkES (ACPRD 101. Addltlonat ReFrWWA Schadura, may be =dhed It more space 1n rrqulrad} project: Trail Blvd phase 4 Collier co'=1:y Roaxd of Casty COMULssionersr os Board of County Commissioners in Collier Co-=ty, or Colliez CaLmmy Government, om Collier Cwunty rnoluded " AdcLitiona3, Insu=9ds v1d9x tbo oapt-";' Bd Co— rcial General Liability and AUtQm01)ile Liability pa?i.cies on a pximaxy and noa-•aontribumozy basis i= ar,d to tli�n extens requ red by written contract. Workers` Compensation inoludot USF,SH CERTIFICATE 1401-08R (;AI+IC:LU-AILUN Collier country 5aazd o£ cottnty commi.s,pign 3299 Taadami Trail M, #303 Naples, FL 34112 8HOULO ANY E)P THE ABOVE BEBGfdPJF r) POUCIE$ 13E. CANCELLED BEFORE THE "p;RA'rJ0jq DATE THtRE!OF, NOT=- WILL 6f DEL1VtectED IN ACCQRDANCE VOTH THE POLJCY PROVISIONS. AUTHORaW Rtr^rt! SFJiCkTiVF cndy Hirgfson/V2-32 �' > @) 19U-2014 AC ACORD 25 (9014101) The AGORA name and logo arc registered marks of ACORD INS026 10`401'e All rights reset Packet Pg. 953 Collier County Public Utilities BID SCHEDULE Engineering and Project TRAIL BOULEVARD WATER MAIN IMPROVEMENTS Management Division PHASE 4 16.C.5.g 1/10/2023 SECTION ITEOM DESCRIPTION QUANT. UNIT UNIT PRICE EXTENDED PRIC 1 Mobilization/Demobilization 1 LS $ 45,000.00 $ 45,000. 2 Maintenance of Traffic 1 LS $ 5,000.00 $ 5,000. 3 Survey & Record Drawings 1 LS $ 4,500.00 $ 4,500. 4 1 Pre -Construction Video 1 LS $ 1,000.00 $ 1,000. SECTION 1 SUBTOTAL: $ 55,500. SECTION INEOM DESCRIPTION QUANT. UNIT UNIT PRICE EXTENDED PRIC 5 8-inch PVC C900 DR18 Water Main Pipelines 9 (Via Open Cut Method) 1,670 LF $ 80.00 $ 133,600. 6 Water Main Pipelines (Via Horizontal Directional Drill) a. I 8-inch HDPE DR11 i. Drill #1 (Entry to Exit = 134 L.F.) 1 LS $ 10,800.00 $ 10,800. ii. Drill #2 (Entry to Exit = 273 L.F.) 1 LS $ 21,000.00 $ 21,000. iii. Drill #3 (Entry to Exit = 133 L.F.) 1 LS $ 11,200.00 $ 11,200. iiii. Drill #4 (Entry to Exit = 231 L.F.) 1 LS $ 18,000.00 $ 18,000. 7 Connect to Existing 8-inch Water Main 2 EA $ 6,000.00 $ 12,000. 8 Fire Hydrant Assembly 6 EA $ 7,500.00 $ 45,000. 9 Air Release Valve 3 EA $ 1,600.00 $ 4,800. 10 8-inch Gate Valve and Box 2 EA $ 2,800.00 $ 5,600. 11 Install Permanent Bacteriological Sample Point 2 EA $ 1,800.00 $ 3,600. 12 Short -Side Single Water Service (Connect to Existing Meter) 11 EA $ 2,000.00 $ 22,000. 13 1 Pipe Restraint at Existing Connection Points 200 LF $ 10.00 $ 2,000. SECTION 2 SUBTOTAL: $ 289,600. SECTION•- ITEOM • DESCRIPTION QUANT. UNIT UNIT PRICE EXTENDED PRIC 14 General Restoration 1 LS $ 80,000.00 $ 80,000. 15 Remove and Replace Driveways a. Asphalt this includes 4 rock driveways) 607 SY $ 60.00 $ 36,420. b. I Concrete 155 SY $ 45.00 $ 6,975. c. Brick Pavers 264 SY $ 10.00 $ 2,640. 16 JAbandon & Grout Existing 6-inch Cast Iron Water Main 2,283 LF $ 10.00 $ 22,830. SECTION 3 SUBTOTAL: $ 148 865. 17 1 Owner's Allowance T SECTION 1: GENERAL $ 55,500. SECTION 2: WATER SYSTEM $ 289,600. SECTION 3: RESTORATION $ 148,865. OWNER'S ALLOWANCE $ 50,000. TOTAL: $ 543,965. r Q Page 1 of 1 Packet Pg. 954