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Agenda 03/12/2024 Item #16F 7 (For the rehabilitation of Caxambas Park and Boat Rehabilitation Project)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 12, 2024 Add-on Item 16H4: Proclamation designating March 21 – 31, 2024, as the 48th Anniversary of the Collier Fair. The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. (Commissioner McDaniel’s Request) Move Item 3C1 to the March 26, 2024, BCC Meeting: Recognizing Nolan Sapp for his 46 years of dedicated public safety service upon retirement. (Staff Request) Move Item 17A to 9A: This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item 17B) (Commissioner LoCastro’s Request) Move Item 17B to 9B: Recommendation to approve an ordinance amending the Future Land Use Element and Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in section 18, township 51 south, range 27 east, Collier County, Florida, consisting of 33.523± acres. (Companion to Item 17A) Commissioner LoCastro’s Request) Move Item 16A14 to 11F: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. (By separate requests of Commissioners LoCastro, Kowal, and Hall) Move Item 16F7 to 11G: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). (By separate requests of Commissioners LoCastro and Kowal) Notes: Item 16B7 should be corrected to read as follows: Recommendation to authorize electronic submission by staff the County Manager or designee of a Small County Outreach Program for Rural Areas of Opportunities application with the Florida Department of Transportation to fund the construction of a paved shoulder to improve safety on a segment of Immokalee Road (CR 846E) in the amount of $999,855.21. Item 17A, Attachment A – Revised Ordinance, Exhibit F, under “VI. HOURS OF OPERATION” the following language should be added: B. Every 5 years from the date of adoption of the Ordinance, staff will provide a report to the Collier County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the impacts to owners and whether any complaints have been made to the County. Upon a finding of public purpose, the Board reserves the right to modify the hours of operation to 8 a.m. to 6 p.m. at such meeting without an advertised hearing.” TIME CERTAIN ITEMS: Item 10A to be heard 9:30 AM: Recommendation to submit a Community Project Funding application to Congressman Mario Diaz-Balart for $6 million to construct a Collier County Veterans Services Center and Museum. Item 11A to be heard at 10:30 AM: Recommendation to review a proposed amendment to Ordinance 2002-63, which established the Conservation Collier Program, which will be advertised for a future Board meeting. Item 11B to be heard at 1 PM: After-action report for the 2024 Florida legislative session. Item 11C to be heard no sooner than 1:30 PM: Recommendation to accept a project update on the Collier County Behavioral Health Center and proceed with the design for 87 total beds. 3/12/2024 3:53 PM 03/12/2024 EXECUTIVE SUMMARY Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the “Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). OBJECTIVE: Rehabilitate the damaged seawall, docks, and boat ramp to facilitate the reopening of Caxambas Park. CONSIDERATIONS: This project involves the rehabilitation of Caxambas Park. Due to a combination of aging infrastructure and the devastating effects of Hurricane Ian, the park requires repair and rehabilitation, including the replacement of the seawall, docks, boat ramp, floating docks and guide piles, fixed timber docks, boat lift structure, electrical system, site restoration, and paving. On October 6, 2023, the Procurement Services Division issued ITB No. 23-8182, the “Caxambas Park and Boat Rehabilitation Project.” The County received two bids by the January 3, 2024, submission deadline, as summarized below. Respondents: Company Name City Count y State Base Bid Alternate Total Bid = Base Bid + Alternate Responsive/ Responsible Kelly Brothers, Inc. Fort Myers Lee FL $2,714,731.87 $21,194.80 $2,735,926.67 Yes/Yes Thomas Marine Construction, Inc. Fort Myers Lee FL $3,072,550.00 $21,000.00 $3,093,550.00 Yes/Yes Staff reviewed the bids received and found both contractors responsive and responsible. Staff determined that Kelly Brothers, Inc. is the lowest responsive and responsible bidder. Therefore, staff recommends the attached Agreement be awarded to Kelly Brothers, Inc., the lowest responsive and responsible bidder, for the total bid amount of $2,735,926.67 (including the Alternate). In addition to the total bid amount, staff is allocating the amount $271,473.19 as an Owner’s Allowance, to be used by Owner to address unforeseen conditions, as directed by the County. The bid received from Kelly Brothers, Inc. is approximately 30% higher than Aptim Environmental & Infrastructure, LLC’s (Aptim) Opinion of a Probable Construction Cost of $2,083,015.00. Aptim asserts that the quote came in higher than the estimated Opinion of Probable Construction cost due to the following factors: a. Ongoing construction inflation (typically twice the rate of consumer inflation). b. Industry demand for services (two firms bid on the work, while six firms attended a non- mandatory pre-bid meeting). c. The project is located at a distant corner of developed Collier County. All materials, labor, and barges must be transported to the project site distant from 1-75 or other major thoroughfares. d. Steel prices have been increasing in the last year. APTIM successfully contacted many of the project references Kelly Brothers submitted with its bid and determined that it has had sufficient relevant experience with similar projects to demonstrate the required skill to complete the Caxambas Park project. Kelly Brothers, Inc. has been registered to do business in Florida since 1980 and is a Certified General Contractor. 16.F.7 Packet Pg. 1631 03/12/2024 Kelly Brothers has also retained a subcontractor who is certified as a marine and seawall contractor. FISCAL IMPACT: Funding in the amount of $2,735,926.67 is available within the Disaster Fund (1813), Project 50280. A budget amendment to reallocate funding from various cost centers within the Hurricane Ian project (50280) to cost center (156327) in the amount of $2,015,000 is required. FEMA reimbursement is anticipated less any insurance proceeds. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: To award ITB No. 23-8182, the “Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). Prepared By: James Morton, Senior Project Manager, Facilities Management ATTACHMENT(S) 1. 23-8182 - Solicitation (PDF) 2. 23-8182 _COI_KellyBrothers (PDF) 3. 23-8182 DELORA (PDF) 4. 23-8182 NORA (PDF) 5. 23-8182_Bid Tabulation (PDF) 6. [Linked] 23-8182_Vendor Signed_ Kelly Brothers (PDF) 16.F.7 Packet Pg. 1632 03/12/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.7 Doc ID: 28165 Item Summary: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the “Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). Meeting Date: 03/12/2024 Prepared by: Title: Operations Analyst, Senior – Facilities Management Name: Bendisa Marku 02/26/2024 2:20 PM Submitted by: Title: – Facilities Management Name: John McCormick 02/26/2024 2:20 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 02/26/2024 2:24 PM Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 02/26/2024 2:50 PM Procurement Services Kristofer Lopez Other Reviewer Completed 02/27/2024 8:28 AM Facilities Management James Morton Other Reviewer Completed 02/28/2024 11:21 AM Facilities Management Jennifer Belpedio Manager - Real Property Completed 02/28/2024 3:12 PM Grants Erica Robinson Level 2 Grants Review Completed 02/28/2024 4:27 PM Procurement Services Sandra Srnka Procurement Director Review Completed 02/29/2024 1:17 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/29/2024 2:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/29/2024 3:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/29/2024 3:34 PM Community & Human Services Maggie Lopez OMB Reviewer Completed 03/01/2024 8:25 AM Grants Therese Stanley OMB Reviewer Completed 03/01/2024 12:41 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 03/06/2024 1:16 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM 16.F.7 Packet Pg. 1633 Construction Solicitation Doc rev 04152022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR Caxambas Park and Boat Ramp Rehabilitation Project SOLICITATION NO.: 23-8182 PATRICK BOYLE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Patrick.Boyle@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.F.7.a Packet Pg. 1634 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 INVITATION TO BID - COUNTY BID NO. 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project Sealed bids for the construction of Caxambas Park and Boat Ramp Rehabilitation will be received electronically until 3:00 P.M. LOCAL TIME, on the 21st day of November on the County’s on-line bidding system: https://www.bidsync.com/bidsync- cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $2,500,000.00 A non-mandatory pre-bid conference shall be held on site at 909 Collier Ct, Marco Island, FL 34145, at 10:00 a.m. LOCAL TIME on the 24th day of October, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of November 21th, 2023. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred days (200) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of one hundred and seventy days (170) calendar days, with an additional thirty (30) calendar days to final completion. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two thousand two hundred and eighteen ($2,218) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Herrera Director, Procurement Services Division 16.F.7.a Packet Pg. 1635 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Caxambas Park and Boat Ramp Rehabilitation Project BID NO. 23-8182 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The 16.F.7.a Packet Pg. 1636 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner’s actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and seventy (170) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature:______________________________________ Title:___________________________________________ Date:____________________________ 16.F.7.a Packet Pg. 1637 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT Caxambas Park and Boat Ramp Rehabilitation Project BID NO. 23-8182 Name Personnel Category Construction Superintendent Project Manager 16.F.7.a Packet Pg. 1638 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: _____________________________________________________________ Signature: ___________________________________________ Date: _________ Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: __________________________________________________-_________________ Signature:______________________________________________________ Date ________ 16.F.7.a Packet Pg. 1639 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are “qualified” (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 16.F.7.a Packet Pg. 1640 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 2. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 3. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 16.F.7.a Packet Pg. 1641 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) 5. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 16.F.7.a Packet Pg. 1642 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Construction Solicitation Doc rev 04152022 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Company: __________________________________________________________________________ Signature: __________________________________________________ Date: ________________ 16.F.7.a Packet Pg. 1643 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we _____________________________ __________________________ (herein after called the Principal) and ____________________________________________, (herein called the Surety), a corporation chartered and existing under the laws of the State of _____________ with its principal offices in the city of ____________________ and authorized to do business in the State of ______________________ are held and firmly bound unto the __________________________________________________ (hereinafter called the Owner), in the full and just sum of ____________________________________________ dollars ($_________________) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $______________ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of ________________, 2023. Principal BY (Seal) Surety (Seal) Countersigned Appointed Producing Agent for 16.F.7.a Packet Pg. 1644 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County”, or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16.F.7.a Packet Pg. 1645 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000___ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000___single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000___ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ 1,000,000 Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ 1,000,000 Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 16.F.7.a Packet Pg. 1646 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 9/26/2023 ______________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 16.F.7.a Packet Pg. 1647 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) FORM 9 – CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non- public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. _____________________________________ Company Name _____________________________________ Signature ______________________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) ___________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 16.F.7.a Packet Pg. 1648 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) FORM 10 – VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Email: Signature by: (Typed and written) Title: 16.F.7.a Packet Pg. 1649 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: 16.F.7.a Packet Pg. 1650 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor’s bid or within five (5) day of the County’s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal/bid. _____________________________________ Company Name _____________________________________ Signature _____________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) __________________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 16.F.7.a Packet Pg. 1651 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. l. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company’s E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses – valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier’s check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. 16.F.7.a Packet Pg. 1652 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND Caxambas Park and Boat Ramp Rehabilitation Project Bond No. Contract No. 23-8182 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ __________________________________________________________, as Principal, and _______________________________________________________________, as Surety, located at ______________________________________________________ (Business Address) are held and firmly bound to _______________________________ as Obligee in the sum of _________________________________________________ ($_____________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____ day of _______________ 2023, with Obligee for ____________________________________ in _______________________ accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ______________ 2023, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 16.F.7.a Packet Pg. 1653 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____day of ___________ 20___, by ____________________________, as __________________________ of _________________________________, a ___________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced_____________ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 16.F.7.a Packet Pg. 1654 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ___________________, 2023, by _______________________________________, as ___________________________ of ____________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _______________________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.F.7.a Packet Pg. 1655 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND Caxambas Park and Boat Ramp Rehabilitation Project Bond No. Contract No. 23-8182 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ ________________________, as Principal, and ______________________________ _____________________________, as Surety, located at ______________________________________________________________________ (Business Address) are held and firmly bound to ________________________________________________, as Obligee in the sum of ______________________________________________________________________ ($_______________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____________ day of __________________________________, 2023, with Obligee for ______________________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 16.F.7.a Packet Pg. 1656 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 2023, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by ___________________________________________, as _____________________________ of _________________________________, a ______________________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced __________________________ ______________________ as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.F.7.a Packet Pg. 1657 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by _________________________, as ___________________ of _____________________________, a __________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _____________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.F.7.a Packet Pg. 1658 Attachment: 23-8182 - Solicitation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/7/2024 License # L077730 (800) 950-1076 (813) 983-2958 20362 Kelly Brothers, Inc. 15775 Pine Ridge Rd. Fort Myers, FL 33908 18988 42307 11991 N/A A 1,000,000 X X OHM4510184 10/1/2023 10/1/2024 250,000 P&I $1M Limit/$2,500 5,000 1,000,000 2,000,000 2,000,000 SUDDEN AND ACCI 1,000,000 1,000,000B X X 41-429925-00 10/1/2023 10/1/2024 5,000,000C X X NY23LIA15079701 10/1/2023 10/1/2024 5,000,000 D X WCSIG35019905 10/1/2023 10/1/2024 1,000,000 N 1,000,000 1,000,000 E Worker's Compensatio X F10-M21-161404-23 10/1/2023 Deductible $25,000 1,000,000 A Equipment Floater CIM4112812 10/1/2023 10/1/2024 Leased/Rented Equip 1,000,000 Project: Caxambas Park and Boat Ramp Rehabilitation Project Collier County Board of County Commissioners or Board of County Commissioners in Collier County or Collier County Government or Collier County are additional insured for general liability and auto liability on a primary and noncontributory basis per blanket form (attached) if required by written contract and subject to policy terms, conditions, and exclusions. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 KELLBRO-01 SE05BSHINN AssuredPartners of Florida, Tampa 4600 West Cypress Street #550 Tampa, FL 33607 Mitsui Sumitomo Insurance Company of America Auto-Owners Insurance Company Navigators Insurance Co National Casualty Company Underwriters at Lloyd's Aggregate X 10/1/2024 X X X X X X X 16.F.7.b Packet Pg. 1659 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. AssuredPartners of Florida, Tampa KELLBRO-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # L077730 1 SEE P 1 Kelly Brothers, Inc. 15775 Pine Ridge Rd. Fort Myers, FL 33908 Lee SEE PAGE 1 SE05BSHINN 1 2023 COVERAGES CONTINUED: United States Longshore & Harbor Workers Compensation @ $1,000,000 / $1,000,000 / $1,000,000 // Carrier: Signal Indemnity Mutual Policy // Policy # 51400 // EFF: 10/01/2023-10/1/2024 Inland Marine - Leased/Rented Equipment @ $1,000,000// Theft & Boom Overload Included // Carrier: Mitsui Sumitomo Insurance Company of America // Policy #: CIM4112812 // Eff: 10/01/23-24 // Replacement Cost // Deductible excluding Cranes: $5,000 // Deductible - Cranes Only $25,000 // Waterborne Endorsement Included @ $1,000,000 Limit & $10,000 Deductible COVERAGE REMARKS: General Liability is Marine General Liability form. Umbrella is Bumbershoot form extending over MGL, P&I, Auto and Employers Liability. RE: Marine General Liability certificate holder is additional insured with waiver of subrogation regarding work performed by the named insured and only to the extent per written contract and subject to policy terms conditions, and exclusions. Bumbershoot follows form subject to policy terms conditions, and exclusions. Protection & Indemnity - Mitsui Sumitomo Insurance Policy #OHM4510184 10/01/2023- 10/01/2024 includes Crews coverage satisfying the "Jones Act" requirement. 16.F.7.b Packet Pg. 1660 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation 16.F.7.b Packet Pg. 1661 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation ADDITIONAL INSURED ENDORSEMENT Underwriters agree that, if required by written contract, any person, firm or organization is included as an Additional Insured but only in respect of liability for Bodily Injury and/or Property Damage arising out of operations performed by the named Insured and only to the extent required under said written contract. This insurance applies separately to each Insured against whom claim is made or suit is brought except with respect to Underwriters limits of liability. The inclusion of any person, firm or organization as an Insured shall not affect any right which such person, firm or organization would have as a claimant if not included. CGU 00M WAIVER OF SUBROGATION ENDORSEMENT Underwriters agree to waive their rights of subrogation against any principal where waiver is required by written contract but only in respect of liability for Bodily Injury and/or Property Damage arising out of operations performed by the named Insured and only to the extent required under said written contract. CGU 00L 16.F.7.b Packet Pg. 1662 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation 16.F.7.b Packet Pg. 1663 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation NAVIGATORS Insuring A World in Motion® Page 1 of 1 Attaching to and forming part of POLICY NUMBER Notice of Cancellation - 30 Day (Blanket) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In the event of cancellation of the Policy by Underwriters hereon, up to thirty (30) days written notice will be provided to any person or entity where required by written contract executed prior to any accident, illness, or occurrence covered hereunder and evidenced to Underwriters hereon by receipt of a certificate of insurance. In the event of cancellation for non-payment of premium by the insured, no more than ten (10) days written notice of cancellation will be given. The number of notice days shall be the lesser of that required by the written contract or that shown on the certificate of insurance provided to Underwriters hereon, but in no case more than thirty (30) days (ten(10) days for non-payment of premium) Cancellation by the Insured or by a Premium Finance Company shall require no notice All other terms and conditions remain unchanged. Date of Issue: Dylan Mercante 16.F.7.b Packet Pg. 1664 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation 16.F.7.b Packet Pg. 1665 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Agency Code Policy Number12-0297-00 41-429-925-00 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II - COVERED AUTOS LIABILITY COVER- AGE is amended. The following provision is added. Any person or organization is an insured for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an insured under SECTION II - COVERED AUTOS LIABILITY COVER- AGE, A. COVERAGE, 1. Who Is An Insured. All other policy terms and conditions apply. 58504 (1-15)Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is amended. 5. Our Right to Recover Payments is de- leted and replaced by the following condition. 5.Our Right to Recover Payments If we make a payment under this policy and the per- son to or for whom payment is made has a right to recover damages from another, we will be entitled to that right. That person shall do everything neces- sary to transfer that right to us and do nothing to prejudice it. However, we waive our right to recover payments made for bodily injury or property damage: a.Covered by the policy; and b.Arising out of the operation of autos covered by the policy, in accordance with the terms and conditions of a written contract between you and such person or entity only if such rights have been waived by the written con- tract prior to the accident or loss which caused the bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15)Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 16.F.7.b Packet Pg. 1666 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation WORKERS’ COMPENSATION WC990640 1019 Page 1 of 1 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. FLORIDA EARLIER NOTICE OF CANCELATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY SCHEDULE Number of Days’ Notice _________ Statutory requirements for notice of cancelation for nonpayment of premium will not be modified by this endorsement. Part Six – Conditions Item D. Cancelation, subsection 2 is deleted and replaced by the following: 2. We may cancel this policy. a. For any statutory reason other than nonpayment of premium, w e must mail or deliver to you not less than the number of days shown in the SCHEDULE above , advance written notice stating when cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. b. For nonpayment of premium, we must mail or deliver to you not let less than 10 days advance written notice stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice . c. We shall give the first-named insured at least 45 days’ advance written notice of nonrenewal or of the renewal premium. If the policy is not to be renewed, the written notice shall state the reason or reasons as to why the policy is not to be renewed . ALL OT HER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Countersigned By___________________________________________ 30 WCSIG35019905 Kelly Brothers, Inc. 10/01/2023 16.F.7.b Packet Pg. 1667 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation 16.F.7.b Packet Pg. 1668 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Agency Code Policy Number12-0297-00 41-429-925-00 58524 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION VI - DEFINITIONS is amended. 1.B. is deleted and replaced by the following definition. B.Auto means: 1.A land motor vehicle; 2.A trailer; or 3.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equip- ment. As it applies to this endorsement only, mobile equipment does not include a snowmobile. 2.U. is deleted and replaced by the following definition. U.Trailer means a vehicle which is designed to be connected to and towed by a power unit. Trailer does not include non-motorized farm machinery or farm wagons. A trailer is not equipment or custom furnishings. All other policy terms and conditions apply. 58524 (1-15)Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V - CONDITIONS, B. GENERAL CONDI- TIONS, 2. Other Insurance is amended. The following provision is added as it applies to this endorsement only. When this insurance is primary and there is other in- surance for any person or organization, other than a Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not be sought by us when: (1)There is a written agreement between you and such person or organization that this insurance shall be primary and without the right of contribution; and (2)Such written agreement was in force prior to any bodily injury or property damage. All other policy terms and conditions apply. 58540 (12-19)Includes copyrighted material of Insurance Services Office Inc., with its permission.Page 1 of 1 16.F.7.b Packet Pg. 1669 Attachment: 23-8182 _COI_KellyBrothers (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation 16.F.7.c Packet Pg. 1670 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1671 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1672 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1673 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1674 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1675 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1676 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1677 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1678 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1679 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1680 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1681 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1682 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1683 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1684 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) 16.F.7.c Packet Pg. 1685 Attachment: 23-8182 DELORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Notice of Recommended Award Solicitation: 23-8182 Title: Caxambas Park and Boat Ramp Rehabilitation Project Due Date and Time: January 3, 2024 @ 3:00 PM EST Respondents: Company Name City County State Base Bid Alternate Total Bid = Base Bid +Alternate Responsive/ Responsible Kelly Brothers, Inc. Fort Myers Lee FL $2,714,731.87 $21,194.80 $2,735,926.67 Yes/Yes Thomas Marine Construction, Inc. Fort Myers Lee FL $3,072,550.00 $21,000.00 $3,093,550.00 Yes/Yes Utilized Local Vendor Preference: Yes No N/A On October 6, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23-8182, Caxambas Park and Boat Ramp Rehabilitation Project, to five thousand four hundred and eighteen (5,418) vendors. Ninety-six (96) vendors viewed the bid package and the County received two (2) bids by the January 3, 2024, deadline. Staff reviewed the bids and deemed both bids to be responsive and responsible. Staff determined that Kelly Brothers, Inc. is the lowest responsive and responsible bidder. Per staff, the basis award is the Total Base Bid plus the alternate. Staff recommends the contract to be awarded to Kelly Brothers, Inc. the lowest responsive and responsible bidder, for the total bid amount of $2,735,926.67. In addition to the total bid amount, staff has allocated $271,473.19 in Owner’s Allowance, for Owner’s use as directed. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 4C8C5D91-055C-4770-B945-4E52A2690175 1/17/2024 1/17/2024 1/17/2024 16.F.7.d Packet Pg. 1686 Attachment: 23-8182 NORA (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation Project) Procurement Strategist: Kristofer Lopez Project Manager: Jim Morton Bid Due: January 3, 2024 Invitations Sent: 5418 Vendors Viewed: 96 Submitted: 2 Item No.Section 1 - General Unit Quantity Price Price 1.1 As-Built Survey LS 1 $16,279.80 $8,750.00 Item No.Section 2 - Demolition & Erosion Control Unit Quantity Price Price 2.1 Demolition of concrete cap LF 450 $96.68 $200.00 2.2 Turbidity Barrier. See FDEP Permit No.: 0191321-004 EI LF 200 $70.28 $145.00 2.3 Vibration Monitoring LS 1 $14,886.00 $10,500.00 2.4 Environmental Protection LS 1 $8,720.22 $16,200.00 Item No.Section 3 - Bulkhead Construction Unit Quantity Price Price 3.1 Construct new bulkhead with batter piles LF 239.9 $3,370.97 $3,950.00 3.2 Construct new cantilever bulkhead LF 89.6 $3,639.71 $3,100.00 3.3 Construct west ramp bulkhead LF 89.8 $2,867.01 $2,550.00 3.4 Construct east ramp bulkhead LF 72.1 $3,117.86 $2,550.00 3.5 Construct new ramp steel toe wall LF 29.9 $1,882.67 $2,250.00 Item No.Section 4 - Replace Boat Ramp Unit Quantity Price Price 4.1 Replace the Boat Ramp LS 1 $161,870.05 $172,600.00 4.2 Piles and signage at ramp end EA 2 $2,016.44 $3,500.00 Item No.Section 5 - Floating Docks Unit Quantity Price Price 5.1 Install new floating dock guide piles EA 8 $8,607.06 $11,000.00 5.2 Provide and place new floating dock (no.2)LS 1 $27,032.15 $32,000.00 5.3 Provide and Place new flaoting dock (no.1)LS 1 $27,032.15 $32,000.00 5.4 Demolish existing floating dock no.1.LS 1 $2,783.64 $6,500.00 5.5 Clean and repair gangways for floating docks no.1 and 2. and install Each 2 $9,292.97 $3,500.00 5.6 Provide and place new floating dock (no. 3) with gangway LS 1 $130,530.45 $135,000.00 Item No.Section 6 - Boat Lift Structure Unit Quantity Price Price 6.1 Repair boat lift structure LS 1 $11,770.80 $15,000.00 Item No.Section 7 - Boat Lift Electrical System Unit Quantity Price Price 7.1 Repair boat lift electrical system LS 1 $7,398.27 $18,000.00 Item No.Section 8 - Construction of Fixed Timber Dock Unit Quantity Price Price 8.1 Remove and drive new timber marginal dock piles w/ wraps EA 43 $2,128.24 $4,500.00 8.2 Construct fixed timber dock LF 260 $469.18 $400.00 8.3 Construct north dock handrails LF 100 $244.21 $300.00 8.4 Construct boat fenders EA 12 $552.41 $700.00 Item No.Section 9 - Paving / Site Resoration / Misc Unit Quantity Price Price 9.1 Mill and pave select portions of the parking lot LS 1 $55,449.04 $30,000.00 9.2 Place 89 stone (10cy truck)EA 10 $1,951.90 $750.00 9.3 Site Restoration LS 1 $11,595.22 $45,000.00 9.4 Fish cleaning station on concrete slab LS 1 $8,142.37 $5,000.00 Item No.Section 10 - Moblization/Demoblization Unit Quantity Price Price 10.1 Mobilization/Demobilization (maximum of 10% of the Sub-Totals for Sections (1-9)LS 1 $144,773.61 $276,115.00 Item No.Section 11 - Alternate for Floating Dock Unit Quantity Price Price 11.1 Provide and Place New gangway for Floating Dock (no.1 and 2) Each 2 $10,597.40 $10,500.00 $ 271,473.19 $ 307,255.00 YES/NO YES/NO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes *No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes *Minor Irregularity Opened by: Kristofer Lopez, Procurement Strategist Witnessed by: Lisa Oien, Procurement Strategist Section 4 - Replace Boat Ramp Subtotal $165,902.93 Total Total $43,506.00 Kelly Brothers, Inc. *Owners Allowance = 10% of total base bid - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. $16,279.80 Section 1 - General Subtotal $16,279.80 $14,056.00 $14,886.00 $8,720.22 Section 2 - Demolition & Erosion Control Subtotal $81,168.22 Total $808,695.70 $326,118.02 $257,457.50 $224,797.71 Section 3 - Bulkhead Construction Subtotal $1,673,360.76 Total $68,856.48 $27,032.15 $2,783.64 $130,530.45 $27,032.15 $18,585.94 Total $56,291.83 $161,870.05 $4,032.88 Section 8 - Construction of Fixed Timber Dock Subtotal $244,551.04 Total $7,398.27 Section 7 - Boat Lift Electrical System Subtotal $7,398.27 Total Section 5 - Floating Docks Subtotal $274,820.81 Total $11,770.80 Section 6 - Boat Lift Structure Subtotal $11,770.80 Total $55,449.04 $19,519.00 $11,595.22 $8,142.37 $91,514.32 $121,986.80 $24,421.00 $6,628.92 *Owners Allowance (10% of Total Base Bid)T & M $ 271,473.19 Total Base Bid + Section 11 Alternates Section 11 - Alternate for Floating Docks Subtotal $21,194.80 Section 9 - Paving / Site Resoration / Misc Subtotal $94,705.63 2,569,958.26$ $2,735,926.67 $144,773.61 Total Total Base Bid 2,714,731.87$ Total $21,194.80 Subtotal (Sections 1 - 9) $90,000.00 $29,000.00 $10,500.00 $16,200.00 $145,700.00 Thomas Marine Construction, Inc. Total $8,750.00 $8,750.00 Total $67,275.00 $1,705,485.00 Total $172,600.00 $7,000.00 0 $947,605.00 $277,760.00 $228,990.00 $183,855.00 $6,500.00 $7,000.00 $135,000.00 $300,500.00 Total $179,600.00 Total $88,000.00 $32,000.00 $32,000.00 $45,000.00 Total $193,500.00 $104,000.00 $30,000.00 $8,400.00 $15,000.00 $15,000.00 Total $18,000.00 $18,000.00 Form 1: Bid Response Form Form 2: Contractor's Key Personnel Assigned to the Project Form 3: Material Manufacturers Form 4: List of Major Subcontractors Form 5: Statement of Experience of Bidder $ 307,255.00 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project Bid Tabulation Vendor Check List Bid Schedule 3,072,550.00$ Total $21,000.00 $21,000.00 $3,093,550.00 $5,000.00 $87,500.00 2,796,435.00$ Total $276,115.00 $335,900.00 Total $30,000.00 $7,500.00 W-9 Licensing Grant Documents Form 11: Immigration Affidavit Certification Form 12: Bidder's Checklist Addendums E-Verify Profile Page or MOU SunBiz Form 6: Trench Safety Act Form 7: Bid Bond Form 8: Insurance and Bonding Requirements Form 9: Conflict of Interest Affidavit Form 10: Vendor Declaration Statement 16.F.7.e Packet Pg. 1687 Attachment: 23-8182_Bid Tabulation (28165 : Construction Invitation to Bid (“ITB”) No. 23-8182, “Caxambas Park and Boat Rehabilitation CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kelly Brothers, Inc. ("Contractor") of t 5775 Pine Ridge Rd., Fort Myers, Florida 33908, a Florida Profit Corporation., authorized to do business in the States of Florida, to pertorm all work ("Work") in connection with "Caxambas Park and Boat Ramp Rahabllitatlon Project", Invitation to Bid No. 23-8782 ("Project"), as said Work is sat forth in the Plans and S pacifications prepared by Aptim Environmental 6 Infrastructu ra, LLC, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section �. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall ba mai ntainad by Contractor at the Project site at all times during the pertormance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Sactlon 2. Scooa of Work. Contractor agrees to furnish and pay for all management, supervision, financing, tabor, matari als, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to d iligantly, timely, and fully pertorm and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful pertormance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to ba paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Million Savan Hundred Thirty-F Ives Thousand Nine Hundred Twenty -Six Dollars and Sixty-Savan Cants ($2,735,926.67). The additional amount of Two Hundred Seventy -One Thousand Four Hundred Seventy -Three Dollars and Nineteen Cants ($27'1,473.79) has bean allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any ticllar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be aligi ble for raimbursamanVpaymant by the Owner as part of a Payment Application submitted by the Contractor. t O Construdlon Services P.greamanL [2023yar.2] n �O Sactlon 4. Bonds. A. If applicable, the Contractor shall provide Pertormanca and Payment Bonds, in the form prescribed in Exhib't B-t and B-2, in the amount of '100°h of the Contract Amount, the costs of which are to be paid by Contractor. Tha Pertormanca and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may ba accessed via the web at htto '//f" 1 t r /s tv-b d /I' t- rtfied-com html. Shoved the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meat the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, su bstituta at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract T(ma and Liouidatad Damaaas. A. Time of Pertormance. Times is of the essence in the partormanca of the Work under this Agreement. The "Commencement Data" shall ba established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencamanf Data. No Work shall be partormed at the Project site prior to the Common cement Date. Any Work partormed by Contractor prior to the Commencement Date shall ba et the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and seventy (170) calendar days from the Com mancament Data (herein "Contract Time"). Tha date of Substantial Completion of the Work (or designated portions thereof) is the data certified by the Design Professional when construction is sufficiently complete, in accord ants with the Contract Documents, so Owner can occupy or utilize the Work (or dasig Hated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the data of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquld sled Damages in General. Owner and Contractor racog niza that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the lima specified above, as said time may be adjusted as provided for herein. In such avant, the total amount of Owner's damages, will ba difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of caland ar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Two Hundred Eighteen Dollars ($2,278.00) for each calendar day thereafter until Substantial Completion Is achieved. Further, in tM1e event Substantial Completion Is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall ba liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to 2 CAO Conatrwtlon Sarvlcas Agr®amanT [2023_vac2j ba substantially com plated on the data the Project Manager (or at his/her direction, the Oasign Professional) issues a Certificate of Substantial Completion pursuant to the farms hereof. Contractor hereby axp ressly waives and relinq uishas any right which it may have to seek to characterize the above noted liq uidatatl damages as a penalty, which the parties agree represents a fair and reasonable eatimata of the Owner's actual damages at the lima of contracting if Contractor fails to Substantially or Finally Com pieta the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall ba computed to exclude the first day antl include the lask day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. �. Oatarmination of Number of Days of Oafault. For all contracts, regardless of whether the Contract Tima is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as pay mant on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election antl in its sole discretion, is allowed to continue antl to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the avant Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor antl its su rely shall continua to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Accaptan ce by Owner. Tha Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the farms of the Contracl Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall ba liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract bocumenta. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may ba owed to it arising out of or relating to this Agreement. 3 Construcllon SarvlcesAgrearnenl'. [2023_var.2] cAo Section 6. Exhibits Incorooratad. Exhibits Incorporated: The following documents era expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8782 "Cazambas Park and Boat Ramp Rehabilitation Protect." Exhibit A -'I: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addandums Exhibit A-3: Contractor's List of Kay Personnel Exhibit B-'I: Payment Bond Forms � Not Applicable Exhibit B-2: Pertormance Bond Forms 0 Not Applicable Exhibit B-3: Insurance Req uiremants Exhibit C: Release and Affitlavit Form Exhibit �: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit 1: Supplemental Terms antl Conditions ®Applicable � Not Applicable The following documents are expressly agreed to ba incorporated by reference and made a part of this Agreement for Solicitation #23-8'182 "Caxam bas Park and Boat Ramp Rahabil itation P roJact." The complete contract documents, including Addendum with attachments, era available on the County's on-line bitlding system: htt '// 6'd /b'd - s/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standartl details ®Exhibit M: Plans and Specifications prepared by: Aptim Environmental 8 Infrastructure, LLC ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Facil itias Management Division 3335 Tamiami Trail East Naples, Florida 34'112 Attn: James Morton, Project Manager III Phone: (239) 252-5488 Cell: (239) 253-0868 Email: James Morton(a�colliarcou ntvfl.gov a Construction Services A9teeman[: [2023_vec2] .. �. . B. All notices required or made pursuant to this Agreement by Owner to Contractor shall ba made in writing and shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Kelly Brothers, Inc. 15775 Pine Ridges Rd. Fort Myers, Florida 33908 Attn: Oane Kelly, President Phone: (239) 482-7300 Email: as£ma£nat�kallvbros.net Travis Kelly, VP Email: Trav'sk[rakellvbros.net C. Either party may change its above noted address by giving written notice to the other party in accordance with the raq uirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has bean informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A parson or affiliate who has bean placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, su ppliar, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification_ No modification or change to the Agreement shall ba valid or binding upon the parties unless in writing and executed by the party or parties intended to ba bound by it. Ssction 90. Successors and Assiwns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section ��. Govern ins Law. The Agreement shall be interpreted under and its performance governed by the laws of the States of Florida. Section '12. No Waiver. Tha failure of the Owner to enforce at any time or for eny period of time any one or more of the provisions of the Agreement shall not ba construed to ba and shall not ba a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. 6 ConatrUction aarvlcas Agraemank [2023_vec2] L� �1 Section '13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and ant(re agreement between the parties affecting the Work contam plated, and no other agreement or untlarstantling of any nature concerning the same has bean entered into or will ba recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed marg ed in, integratatl and superseded by the Agreement. Section 74. Saverability. Should any provision of the Agreement be determined by a court to ba unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Cha noa Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying atlministrativa procedures. Section 76. Construction. Any doubtful or ambiguous Iangu age contained in this Agreement shall not ba construed against the party who physically praparetl this Agreement. The rule sometimes referred to as "fortius contra profarantum" (pursuant to which ambiguities in a contractual farm which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not ba applied to the construction of this Agreement. Section '17. Order of Precedence In the event of any conflict between or among the farms of any of the Contract Documents, the farms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, The conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank s Canstrucllon Sarvlcas AgraamanL [2023_var.2] Cnr� IN WITNESS WHEREOF, the parties have axacutatl this Agreement on [ha data(s) indicated below. CONTRACTOR: T WITNESSES: Kelly Brothers, Inc. ,...-��._.,,, FIRST WITNESS /�� Aon Marir <acr6liman By: /��L/ Print Name M Dane Kelly, President _ J i � Print Names end Titles SECOND WITNESS Danielle Kirbv Print Names ATTEST: Crystal K. Kinzal, Clerk of Courts & Comptroller -CS�A Data: Approved as to Form and Legality: County Attorney Print Name Data: Pebruary 13. 2024 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Chris Hall, Chairman canavualoe servicae Agreamanc Izozs_ver.z7 11AC) EXHIBIT A-'1: CONTRACTOR'S BIO SCHE�U LE (FOLLOWING THIS PAGE) 8 L�U ConsVvdlon Sarvicea Agroamen<: [2D23_vac2] 23-8162 Caxambes Park antl Boat Ramp R®habllitatlon Pro�act Bla spnaema Pllowe,me—la's:.n uDi.a[sd_TT Il be need only ae [4e OwneYa tlbeniwae ecwn,alisb ea tlirmea by Y,e Ownee lnalnvioo to Y.anAlleweWc¢na pM orel.e Co.mxca Ptice is nole Hnmmtw,kn[ n =ce.�•=e. �. rm mva:ea.YP e:�.�ln.. mu.n.w.a erne wne..�e„ee.e .nabn.e.mown... nnew....¢wm u=n.me n..w9n ene..ae o.a.. wn �nv�ewnn,ae.an,.orr:n.e...a mn.wlw: x..xce.a..a.b. a..nae. L.�U EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING TH19 PAGEI 9 Cona[ruUiOn Servlcea AgreamanC [2023_var.2] PQ i. FORM 1 -BID RESPONSE PORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Caxambes Park and Boat Ramp Rehabilitation Project BID NO. 23-8182 Foil Name of Bidder Kelly Brothers, Inc. Main Business Address 15775 Pine Ridge Rd, Fort Myers, FL 33908 Place of Business 15775 Pine Ridge Rd, Fort Myers. FL 33908 Telephone No. 239-482-7300 Fex No. State Contractor's License # Dane Kelly - CGG1519780, Travis Kelly - CGCI528509 State of Florida Certificate of Autfiority Docnmen[ Number 656515 Federal Tax Idemi6ca[ion Number 59-2069592 DUNS # 085714871 CCR# Cage Cade OGFT6 Tc: BOARD OP COUNTY COMMISSIONERS OF COLLIER COUN'I'1', FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties incerested in this Bid as principals are those named herein, that this Bid i aubmitfetl without collusion with any other person, firm o orporation; [hat it has carefully examined the location of the proposed Work, the proposed form of Agreement andrall other Contract Docvmen(s end Sonde, and the Contract Drawings end Specifications. Bidder proposes, antl agrees iF this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide sll necessary machinery, tools, appararus and other aneans o£ construction, including utility and transportation servires necessary to do all the Work, and furnish all the materials and equipment specified or referred to is the Contract Documents in the manner end time herein prescribed and accortling to the requirements of the Owner as therein set forth, famish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things requiretl of the Contractor by the Contract Documents, end that it will tape full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are Inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Dfvislon s[aif. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds end Insurance Certificates required by the Contract Documents. The bid security attached is to become the property of the Owner in the even[ [he Agr¢ ant, Insurance Certificates and Bonds are not executed and delivered to Owner within the bens above set forth, as liquidatetl damages, for the delay and additional expense to the Owner, it being accognized that, since time is of the essencq Owner will suff Enancial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreemenq Insurance Certificates and Bonds within the required time period. In the event of such failure, the total a ant of Owner's damages, will be difScult, i£ not impossible, to deRnitely ascertain and quantify. It is hereby agreed [hat it is appropriate end fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Easurance Certificates, and Bonds as requred hereunder. The CA(7 Constroctlon So/!citation Doc rev 04i52022 guccessful Bidder hereby expressly waives and relinquishes any right which it may have to seek to charncteriza the above noted liquidated damagrs es a penalty, which the parties agree represents a fair and mesonable estimax of Owner's actual damages at the time of bidding if the Successful Hiddcr fails to execute and deliver the Agreement, maamnee cerHfieaeea, ana Bonaa :n a tim¢Ir manner. Upon receipt of the signed end approved agreement and Purchase Order, the undersigned proposes to commrnce work at the site within flue (5) calendar days from the commencement date stipulated in the written Na[ice to Proceed unless the Project Manager, in writing, aubaequently notiFea the Contractor o£ a modifted (later) commencement date. The undersigned further agrees to substantially compl¢[a all work covered by this Bid within ona hundred and a¢v¢niy (t pU) consecutive calendar days, computed by excluding the commencement data and inoluding the last day of such period, and [a be filly completed to [he point of final acceptance by the Owner within thirty (30) consecutive calendar days after gubstamial Completion, computed by excluding commcrtcement date and including the lest day of such period. Acc¢ptance and ackn¢wledged by an Au[horfae Agent Signature: ��-✓ Title: Dan¢ Kelly, President Baste: December 1�1 ��2023n vnoe C1�0 Construction Sol/ei[at/on Ooc rov 04t52022 FORM 2 -CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJHCT Caxambas Perk and Boat Ramp Rehabilitation Project Name Dane Kelly Travis Kelly Jake Kinnear William (Sob) Horne BID NO. 23-8182 Personnel Cateaory President Construction Superintendent Project Manager Site Superintendent Construct/on Solicitation Ooc rev 04l52022 t �'r�0 ,''1 I �I' KELLY BROTH ERS, ��,� CGQ 519780 Key Personnel IS]]5 Pine Ridge Roatl, Fort Myers, FL 33908 P: (239) 482-]300 . F: (239) 482-H014 ��np www.kellybras.net KE LLY BROTHERS, trrc c�csst9�eo Dane Kelly President, Co-owner AREAS OF EXPERTISE Summary Proven leatler in the marine construction industry with a track record of G/tensed Genera/ Contractor ensuring projects are delivered to the highest quality, within budget and on time. Years of trade experience In every facet of marine construction. Protect P/anMng/Management Projects include marina construction, bridge constructon, dredge operations, fender system replacement, pile driving, bulkheads, seawalls, ✓a/ue EngJneering rip rap revetment, slope protection, erosion control, weirs, box culverts, wood and concrete piers, subaqueous cable and pipe crossings, artificial S7alfSuperv/slon reef construction, underwater construction, barge and crane service, marine salvage and commercial diving. Transitloned from a Laborer to Resource Management lob Site Superintendent, then Procurement Manager, General /Project Manager, Vice President, and now serves as the company's President ContractAdm/n/stration and Licensed General Contractor. Recognized by clients and colleagues as a business professional with a high degree of personal integrity. Known Es[JmatJng for compassionate leadership, a persuasive passion for excellence, and a talent for resourceful business solutions. Consistently maintains a quallty- JobCostContra/ standard pertormance record via exceptional service, follow-through, and attention to detail. OSHA Construct/on and Safety TraJn/ng President and Co-owner 2019 — PresenC OSHA Cert/f/ed Rough Terra/n • Oversees day to day operations of the company Extend/ng Hoam Operator Leads all aspects of the Flnn's business development and operations Collaborates with key personnel on business strategy, long range CertJfied Oane Operator planning and determining company objectives up m ssa r com etitive . Acquires new business through strategic marketing efforts, p bidding processes, and client referrals OSHA Comp/tent Qua/{f7catlon . Uses knowledge from previous experience to gain a clear understanding .eiyg /siinai Pelson-slandNare a client's exact needs Explores value engineering opportunities Department ofEnvJronmenta/ � t^Jorks with Vice President /General Superintendent to clearly define Protection (OEP) Qna/incd and communicate project goals and objectives smrmwater Managanenrrn motor . Creates effective, informed, and highly motivated teams focused on On/ted Safety Cound/ customer requirements, safety, and quality rermcdiare M i re.,anre of �r� Promotes team work, Integrity, and strong work ethic cou se, ,vaanng roorrrcgmre.,,enrs Ensures the best value is obtained for each project white providing a quality product open Water/EnrJched 0/✓er NJorks with key personnel to estimate, review, and approve bid submittals, pricing, and change orders. American Heart Assoc/athn Heart Sauer F/rstAid CPR AEO 16A6 Pine Ridge Road, Fort Myers, FL 33908 P: C239) 482-']300 . F: C239) 462-8014 <'./�[�% www.kellybros.net KELLY BROTH ERS, xnc Vices President Kelly Brothers, Inc. CGC1519980 2012 — 2019 Oversaw day to day operations of the company Managed all aspects of critical projects and provides managerial support for all other projects Ensures the best value is obtained for each pro]ec[ while providing a quality product Estimates, oversees, and approves bid submittals and change orders General / ProjecC Manager 2011 — 2012 Kelly Brothers, Inc. Responsible for costing, estimating and planning projects Managed multiple projects from the office and the field Coordinated Sob site personnel, equipment and materials Updated project plans to Include agreed upon changes and facilitated change orders as needed Precuremant Manager 2009 — 2011 Kelly Brothers, Inc. Negotiated pricing for ]ob materials and subcontracts Planned and coordinated material deliveries and subcontracted work Prepared material take -offs from drawings to obtain material quotes Assisted estimators with bids to ensure accurate and competitive pricing SICe Supari nt�ndent Kelly Brothers, Inc. 2002 — 2009 Oversaw all on -site site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections Acted as liaison between the corporate office and owner's representative, engineering firms, and permitting entitles 15775 Pine Ridge Road, Fort Myers, FL 33908 P: Q39) 482-7300 . F: C239) 482-8014 � �e�t-� www.kellybros.net KELLY BROTHERS�xrvc Fu//-ser✓!ce marine mnstruction Arm headquarYerad In Fort Myers Loco//y owned and operated s/nro Jfs inrorpotaHon /n 1980 Olrar 42 years !n bus/Hess servfng a uadety ofpub/!c and private clients throughout Southwest F/or/da. Over 1200 projects completed. W{th Ke//y Brothers you are working w/th a famJ/y owrxd and operated rompany we have a vested /merest in our c/ianYs sat/sfacYJon. We talre Jmmense pr/de /n our work and value oui bur{Hess reputation. Ourphl/arophy Js simple ^Get it done and do it right the Arst time. " 75% of our business /s referral work hom preNous/y satJSRed cusmmers. We have a long and estab/{shed track recrord tot de//✓eHn9 a 9ua/lty produce on time and w/th/n budget. CGC15197B0 Dane Kelly Relevant Project Experience Powerboat Marina, Naples Alva Boat Ramp, Alya Ville de Marco West, Marco Island • Bayshore Gardens Park and Recreation District Boat Ramp, Bradenton Tin Gry, Naples Naples Land Yacht Harbor, Naples • City Dock, Naples • MarineMax, Naples, Fort Myers, Sarasota Pahokee Marina Reconflgura[lon, Pahokee • Naples Pier Restoration, Naples • Gulf Star Marina, Fort Myers Beach Punta Rassa Boat Ramp Replacement, Fort Myers Tampa Yachk and County Club, Tampa • Boulevard Apar[menks, Largo Marathon Marina, Marathon Mangrove Bay, Phase I and II, Naples • Pine Island Commercial Marina, B[. James City Marina ]adc, Multiple Phases, Sarasota • Maximo Marina, Phase I and II, St. Petersburg ]i9gs Landing, Bradenton • City of St. Marks Municipal Bulkhead and Pier, St. Marks • Sanibel Harbor Vacht Gub, Fort Myers SFWMD, FAKA Union Canal, Naples Villas ai For[une Place, Kissimmee • Diversified Yacht Services, Fort Myers Beach • Shell Isle, Marco Island Deinor-Wiggins Pass, Phase I and II, Naples South Seas dub, Marco Island Newton Park, Fort Myers Beach Do[:tprs Pass North Jetty Rehabilitation, Naples • Nathan Bentlerson Park Pedestrian Bridges, Sarasota Sanibel Causeway Bridge, Sanibel . Mallory Square, Key West 16775 Plne Ridge Road, Fort Myers, FL 33908 P: (239) 4B2-7300 . F: (239) 462-8014 www.kellybros.net KELLY BROTHERS, anc AREAS OF EXPERTISE L/censed Genera/Contractor Project Management SYaffSuperv/slon Resource Management Job Cast Contrd OSHA Construction and Safety Tra{n{ng OSHiI Cert{fled Rough Terrain Extend/ng Boom Operator CGQ519J60 Travis Kelly Vice President, Co-owner, General Superintendent Summary Dedicated, quality -focused, and safety -driven marine construction leader. Utilizes exceptional leadership and excellent communication skills to motivate Fleld personnel to deliver a quality product in a safe environment. Ability to read drawings and to monitor work for adherence. Knowledgeable in marine construction sub -trades to effectively manage subcontractors ensuring strict compliance with plans and specs. Fifteen years of experience inspiring team members to give nothing less than their best. Promotes teamwork, safety, and excellence as a group effort. Utilizes creative problem -solving skills, remains patient, yet persistent, in order to achieve project and company objectives. Experience Includes work on marinas, dredge operations, piers, boardwalks, fender systems, boat ramps, Floating docks, bulkheads, seawalls, ar[Iflclal reefs, aerial crossings, water control structures, salvage operations, and bridge construction. Transitloned from a Laborer to Job Site Superintendent, to General Superintendent and Safety OfFl cer, and now serves as Vice President and KBI's Licensed General Contractor Secondary Qualifier. Vices Presidan4 Co-owner 2019 —Present CerHAed Crane Operator up m :so r Works with President and Project Managers to clearly define and communicate project goals and objeG:lves OSHA Comp//ant Qua//flcatJon Creates effective, Informed, and highly motivated teams focused on R1992//SYgna/Person-HanU/✓a CUstOMEr rE'q Uirement5, Bafety, and gUallLy Oversees all projects' on -site activities, InGuding daily work assignments, Department of Env/ronmenta/ coordlnatlon of project materials, subcontracts, and job site Inspections ProLedlon (OEP) QuN�Red along with all other responsibilities as the General Superintendent and Stwmwater Mana�menr mspecYor Safety Officer as listed below Un/ted Safety Counc// JnfNmed/ate M lnfmanCe of hdffl perreral 5uparintandent and Safety Offlcar 2005 — 2019 C r Mc+Cffng FOOTRepW enfs Oversees all projects' on -site activities, including daily work Open Water/Endched Diver assignments, coordination of project materials, subcontracts, and job site inspections. American Heart Assoc/at{on � Acts as liaison between the corporate office and owner's representative, Heart Sa ✓er First Afd CPR AEO engineering firms, permitting entitles and subcontractors. Provides project: progress reports in conjunction with Site Superintendent Utilizes bme management skills to ensure timely completion of projects. Establishes and manages work schedules, adjusts as needed Ensures all site personnel and subcontracors provide quality workmanship in accordance with plans and client needs. Monitors on -site personnel and subcontractors to ensure safety guidelines are met. Ensures personnel and subcontractor time is accurately accounted for Works with executive management and Slte Superintendent to make critical decisions about construction activities. Interviews and hires field personnel 15775 Pine Ridge Road, For Myers, FL 33908 P: C239) 482-7300 . F: C239) 482-8014 � � n,p www.keilybros.net KELLY BROTH ERS, trot Travis Kelly Relevant Project Experience Fu//-scrvicB mar/ne cx�nstruction Marco Island Vacht Club, Riverside Marina, Marco Island firm headquartered In Fort Myers Matlacha Fishing Pier, Matlacha Loco//y awned and operated Repair of East Cape Canal Plug, Everglades National Park s/nce {ls JncnrparatJon Jn 19B0. Saprito Fishing Pler, Sarasota Gulf Star Marina, Fort Myers Beach Over 42 years /n busJners seNJng a ✓arJety ofpub/lc and Ville de Marco West, Marco Island prYvata c/Dents throughout Naples Land Yacht Harbor, Naples Southwest F/orJda. O✓er 1200 City Dock, Naples protects comp/eled. • MarineMax, Naples, Fort Myers, Sarasota W/th Ke/ty Brothers you are High Point %ace, Fort Myers work/ng w/th a farm/y owned pahokee Marina Reconfiguration, Pahokee and operated mmpany we Nava a vested /ntarest/n our Harborwalk at Gilchrist Park, Punta Garda c/ients sat/sfact/on. We taKe Punta Rassa Boat Ramp Replacement, Fort Myers Jmmense pride /n our work and Tampa Yacht and County Club, Tampa va/ue our bur/Hess reputation. Boulevard Apartments, Largo Our phJ/osophy is s/mp/e Chokoloskee Bridge, Everglades ctty "Get JC done and do Jt r/ght Marina ]ack, Multiple Phases, Sarasota the Arst tJme. Maximo Marina, Phase I and II, St. Petersburg 75% of our bus/Hess /s referral Marathon Marina and Resort, Marathon work from preNous/y satisfied ]I99s Landing, Bradenton c-usmmers. We have a long and estab//shed track %ecn/O CIN of St. Marks Pier 6 bulkhead, St Marks for de//verJng a qualily Product Central Avenue Bridge over Booker Creek, 5[. Petersburg on t/me and w/th/n budget. SFWMD, FAKA llnlon Canal, Bank Maintenance, Naples . Tom Adams Bridge, Phase II, Englewood . Delnor-Wiggins State Park, Phase I and II, Naples Diversified Vacht Services, Fort Myers Beach Tropical Isle Condominium, Marco Island Newton Park, Fort Myers Beach Neal Preserve Boardwalk, Bradenton South Seas Club, Marco Island • Boca Grande Isles, Emergenry Repair, Boca Grande Sanibel Causeway Bridge, Sanibel . Mallory Square Whart, Key West 15]75 Plne Ridge Road, Fort Myers, FL 3390H P: (239) 4H2J300 . F: (239) 462-H014 �'.,'j0 www.kellybros.net i� .�� CGC1519]80 � - - -_.. KELLY BROTHERS, rn<�� iV _� �� Jake Kinnear Project Manager AREAS OF EXPERTISE Summary Accomplished project manager with broad and diverse residential and Assodate Oegn-e Bul/ding commercial experience. Over 18 years as General Contractor with Const�ud/an Washington projects in marine construction, commercial airports, corporate, retell, County TechnJca/Co//ege and industrial environments. Skilled in managing complex projects with the ability to assess dlent needs and convey necessary Information with OSHA 30 CerHfcation clarity. Ability to collaborate effectively with stakeholders, consultants, site superintendents, crew, and subcontractors. Strong work ethic, ProjecL'P/anning excellent organizational skills, and proven expeKise to consistently and Management complete projects on time and within the agreed upon budget. StaffSupety/s/Qn Project Manager 2018— Present Resouica Management Provides job site project management oversight Monitors project schedule and adjusts, as necessary, to achieve on Conttad Adm/n/sbat/on time completion _ Monitors budget, negotiates cost effective pricing, and approves Est/mating invoices Prepares daily progress reports and communications Job Cast Contra/ Obtains project permits in accordance with regulations for local, state, and federal agencies OepaiYmant of EnNronmenta/ Coordinates inspections and approvals ProtecYian, (OEPJ • Estimates and provides assistance with bid preparation and takeoffs Qua//9ed SYarm M nagamanr /nspccro� Project Manager 2015 — 2018 Lane Valente Industries Esb mated and managed material/resources for various mal ntenance and construction projects across the United States Coordinated store close outs, transports and setup of industrial equipment, security booth and crash gate installatlons General Contractor /Owner 2004 — 2015 Kinnear Carpentry • Constructed new homes, additions, custom built -Ins and Installed trim and millwork in commercial and residential settings Managed employees as well as coordination with various subcontractors on projects Project Manager / Working Foreman 2015 — 2015 RESII Construction Management Construction Suparl ntandent 2008 — 2008 ALR, Inc. 15]75 Pine Ridge Road, Fort Myers, FL 3390H P: (239) 462-7300 . F: (239) 4H2-H014 c V\O www.kellybros.net KELLY BROTH ERS. xrtc MARINE CONSTRUCTION IS OUR PASSION FW/-service marine mnstructlon firm headq�rterad /n Foit Myers Loca/ty owned and operated s/nce !fs lnmrporation !n 1960. Over 42 years /n bus/Hess sere/ng a PaHety ofpub//c and pr/vate c//ents throughout Southwest F/or/da. Over 1200 projects romp/eted. With Ke//y Brothers you are worK/ng with a fam{/yawned and operated company we have averted /nterest /n our c//ent's sat/sfact/on. We taKe immense pdde /n our worK and va/ue our bus/Hess reputation. our ph//araphy is situp/e "Get /t done and do {t r/ght the first t{me. " Many projects are referral worK from preNous/y satisRed customers. We have a long and established tracK recroM for de/Jvering a qua//ty product' on time and w/th/n budget. GGC1519]a0 ]aloe Kinnear Relevant Project Experience . Park Shore Landings, Naples 2021 Britlges, Box Culver[ F. WCS Repairs, Sanibel Port Sanibel Marina, Fort Myers • Gordon Boathouse, Naples Water Control Structure No. 108, Northport • Gulf Star Marina, Floating Docks, Fort Myers Beach . Diversified Vacht Services, Fort Myers Beach Merry Pier, 11'^ Ave. Pier >y ]°` Ave. Pier, St Pete Beach • Venetian Cove, Floating and Fixed Dock Systems, Leesburg . Port of the Islands Marina Expansion, Naples The Bay, ADA Kayak Launch Dock, Sarasota . Mangrove Street Seawall, Naples • NE Hurricane Bay Maintenance Dredge, Lee Cpun[y • Sapritp Fishing Pier, Sarasota Fort Myers Yacht Basin, Dock E Concrete Deck Slabs, For[ Myers Matlacha Fishing Pler, Maflacha SCOP County Road ]61 Scour Countermeasures, Desoto County Powerboat Marina, Naples • Naples Lantling Dock Renovations, Naples Alva Boat Ramp Renovations, Alva Anchorage Intracoastal Channel Malntanance Dretlge, Lee County • Gulf Star Madna, Fort Myers Beach Charleys Boat House Grill and Wine Bar, Fort Myers Beach Boca Bay Fishing Pier, Boca Grantle . Clearvuater Harbor Marina, Ciearwa[er Lofton's Island Roafing Dock, Fort Myers . Matanzas Harbor Dinghy Dock, Fort Myers Beach Key West Fender Piles, Fort Myers Beach WCIND Dere11R Vessel Renwval, Lee County • MarineMax, Sarasota Artificial Reef Creation, Chris Koepfer's, Lee County . Estero Blvd. Improvements, Fort Myers Beach Heinrich Residence, Dock and Dredge, For[ Myers Charter Club Resort of Naples Bay, Naples 1W]S Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-]300 • F: (239J 482-8014 www.kellybros. rtet CAO KELLY BROTHERS, xrvc CGC3519J80 William (Bobs Horne Site Superintendent AREAS OF EXPERTISE Summary More than 35 years of trade experience in every facet of marine Prajecl'Schadu/{ng construction, including marinas, dredge operations, piers, boardwalks, and Coordinat/on fender systems, boat ramps, floating docks, bulkheads /seawalls, artlFlcial reefs, aerial crossings, water control structures, bridge construction, jetty On -site Superv/slon construction; sheet pile dams and retaining walls and installation of navigational aids such as channel markers, buoys, and lights. Deep Resource Management knowledge of construction tools, machinery and equipment. Familiar with operation, maintenance, and repair of most heavy equipment and Job Cart Contra/ marine vessels. Fa miller with ACO E, DOT, State of Florida, and various county, dty construction and environmental procedures and requirements. Promotes Qua//ty and Safety Dedicated to delivering a quality project, on time, within budget, and one that exceeds the customers' expectations. OSHA Construction and Safety Tra/n{ng Sita Supari ntendant 2010 — PresenC OSHA CetY{fled Rough Terrain EMend/ng Boom Operator Certified Crane Operator Up M 150 Ton OSHA Comp/lent Qua//ticat/on R/gger/s/gna/ P n - HarMNWre crane Inspection and Certi9cat/on Bureau (CICBJ sar er m� n y ror.vc�.'o P Cparatory TYa/Mn9. �O//c � es NCCC'O Certified Opera[ar for LaKice Boom Craw/er (LBC) and Lattice Boom Truc/r (LBT) State of Florida C/ass A COL Manages on -site activities, including daily work assignments, coordination of project materials, subcontracts, and job site I nspectlons. Aids scheduling of project and coordinates subcontract work Supervises crew and oversees subcontractors to ensure compliance with budget, scope and schedule Maintains Fleld personnel records, equipment, and activity logs Interprets drawings and specifications; establishes construction grades and work lay out Scrutinizes field work and eorrveys job site quality and safety mntrol checks Ensures all Fleld personnel has and utilizes proper safety equipment Evaluates environmental restrictions, implements proper procedures, and maintains repoKing documentation Operates a wide range of heavy construction equipmenC. Site Superintendent Nelson Marine Construction, Inc. 2000 — 2010 American Heart Association � Managed on -site site activities, including daily work assignments, Heart Sa✓er First A/d, CPR AEO coordination of project materials, subcontracts, and job site Inspections. Site Foreman Kelly Brothers, Inc. 1985 — 2000 ]ob responsibiliCies noted with current Site Superintendent position detailed above. Heavy Equipment Operator 1982 — 1985 Robert T. Campbell, Inc. 15]75 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net (�"/AC) 'i '� �� CGC1519OBO KELLY BROTHERS, me William (Bob) Horne Relevant Project Experience MARINE CONSTRUCTION � Woodring Rd. Uving Shoreline, Sanibel IS OUR PASSION Merry Pier, 11°` Ave. Pier ik 7^' Ave. Pier, Si. Pete Beach FU/FseNJcp marina conSCruct/on �n9boat Key GYOIns, Longboat Key firm headquarterEd Jn rvrt Myers Sapd[o Fishing Pier, Sarasota NE Hurricane Bay Maintenance Dredge, Lee County Loca//y owned and operated Marco Island Yacht dub, Marco Islantl sJnce itr /nmrporaHon /n 1980. . Mandalay Bay Pedestrian Bridge, Clearwater Beach Over 42 years {n bus/ne_as SLOP County Road 761 Scour Counfenneasures, Desoto County seN/rlg a variety ofpub//c and � Gulf Star Marna, Fort Myers Beach private c//ents throughout Southwest Florida. Over 12(Xl Naples Landing Dock Renovations, Naples projectr comp/eted. Old Naples Seaport, Naples LORon's Island Floating Dock, Fort Myers With Ke//y @rothers you are work/ng with a famJ/y owned Villa de Marco Wes[, Marco Island and operated company we Ar[Ifldal Reef Creatlon, Chris Koepfer's, Lee County have avested /nterest/n our Derelict Vessel Removal, Collier County c//ent's satisfaction. We taKe • City Dock, Naples /mmensa pride Jn our work and value our bus/Hess reputatJon. The Boathouse on Naples Bay, Naples . Mangrove Bay Development, Phase I and II, Naples Our phf/asophy Js s/mp/e Pahokee Marina Reconflguratlon, Pahokee "Get /t dome and oo /t r/ght [he first t/me. ' Naples Pier Restoration, Naples . Regatta Landing, Naples Manyprojects are referral Tampa Yacht and County dub, Tampa work from prev/ous/y satisfied customers. We have a long Brookside Marina, Naples and estab/!shed LracK record Boulevard Apardnents, Largo for delivering a qua/Jry product pine Island Commercial Marina, St ]ames City on t/me and withJn budget. . Maximo Marina, Phase I FY II, St. Petersburg Sanibel Harbor Yacht Club, Dredging, Fort Myers . Old Pelican Bay Dredge, Fort Myers Diverslfled Yachts Services, Fort Myers Beach . Tropical Isle Condpminlum, Marco Island . Newton Park, Fort Myers Beach . Sanibel Harbor Yacht dub, Boating Docks, Fort Myers . US Coast Guard Pler AddlNon, Fort Myers Beach Key Wes[ Express, Fort Myers Beach 15775 Pine Ridge Road, Fort Myers, FL 33908 P: C239) 482-0300 . F: (239) 482-Bo14 ,_ �/�( } www.kellybros.net FORM 3 - MATERIAL. MANUFACTURERS THIS FORM MUST BE COMPLETED OR B1D MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials oufl:ned in this Bid specificatiene, including compliance with Florida Statute 25520 to provide Iumbeq timber end other forest products produced and manufactured in thv State of Florida ax long as [he price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manssfacturer Exception List below. If an exception fore nv{ rarer and/or material is proposed and listed below and i not approved by Engineer/Project Manager, Biddec shall fvmish the manufacmmr named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A QQ B. Section A (Acceptance of ell manuiactvrea and materials in Bid specifications) On behalf of my tine, I confirm that we will use >II manufacturers and materials as apecitically outlined in the Bid specifcations. Company: Signature: _. .__—_ Date: Section B (Exception requested to Bid specifications manv£acturars and materials) BXCEPTION MATERIAL 1' PDOT concrete pile, strand die 0.52 ys 0.6 2. 3. 4. 5. Please insert addit:onel pages as necessary. Henderson Prestressed Concrete Inc Company: Kelly Brothers, Inc. -____._ Signntvre: �� . Date 12/11/2023 Onne Kelly. President Ke11Y 6rotbvs. lnc. 13JJ5 Pina Aurae Ad. Pon Myers. FL 339a8 Sum of lnwRoreaon: PlnriJo Construct/on So/Icltntlon Doc rev 04f62022 C' /�(J FORM 4 -LIST OF MAJOR gUBGONTRAC9'ORS ---� THIS FORM MVST BE COMPLETED OR B1D MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the regmmmenr o£tha Bid specifications- Tha undersignW acknowledges its reaponsibiliry for ensuring that the Subcontractors for the major categories list¢d herein are "gveli{ied" (as defined in Ordinance 201"/-08 and Section 15 0£ Instmctiona m Bidders) and meet all legal rcquirementa applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who 'ncludes non -compliant or non -qualified Subcontractor in its bid o£far. Flrrther, the Owner may direct the Succesafir] Bidder to mmove✓r¢placa any Svbconeractoq at no additional cost m Owneq which is found to ba non -compliant with this regw ement either before oc after the issuance o£ the Award of Contract by Owner. (Attach additional sheets as meded). r Further, eh¢ undersigned acknowledges and agrees that promptly after the Award of Contract, and ire accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned i rather agrees that ell Subcontractor subsequently identiflad For any portion o£work on this Pr ject moat ba qualified as noted above. Major Category o{ Work Subcontractor and Addmsa i. B1CCerlcnl RoMmen 6lactrlq LLC 19R1 Lkde Ln ALVA. FL 3392a 239-872-2693 2, Mechanical 3. Plumbin 4- S'ta Work Hunnesa lnq 1900 ewe Av<n ue ap ea L3tr109 5. P1XCd dock &alvin BaGWln Marine ConwuctInn.9001 Oockenge Ave. Naplea,PL 3010tr (C011ier Coamty: Marina Seawall b Dock Conetruclloa Llcenee No. 22023000a220)) Company: Signature: Kelly Brathera. Inc. 157J3 Plne Ridge Rd. Port Myers. Iry 33908 Florida Date: 12/tl/2023 Construct/on So/Icitatlon ooc rev 04162022 CAS FORM 5 -STATEMENT OF EXPERIENCE OF B)mDER THIS FORM MOST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) yeats is a judge o£ its experience, skill and business standing and o£ its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Marco Island Yacht Club (MIYC) Marco Island Yacht Club Inc. (project name) (project owner) 1400 N. Collier Blvd. Marco Island FL 34145 Same as roiect location (project location) (Owner's address) Demo Bs rebuilt marina and seawall David Everixt Chairman, MIYC Board of Directo (project description) (Owner's contact person) (title) October 2020/November 2021 g 4,914,968.96 239-394-0199 deveritt52@gmaiLcom (project s[art/complction dates) (contract value) (phone) (email) 2. WCS No.308 Replacement Ci[y of North Port (project name) (project owner) Cocoplum Waterway, W. of Collingswood Blvd 49y0 City Hall Blvd. North Porq FL 34286 (project location) (Owner's address) Construct new Water Control Structure Elizabeth Wong Stormwater Manager (project description) (Owner's contact person) (title) January 2022 /June 2022 g 2,25'],458.05 941-240-8050 ewonq@cftyofnorChport.com (project start/completion dates) (contract value) (phone) (email) 3. Ville De Marco West Ville De Marco West, A Condominium, Inc. (project navnc) (project owner) 1208 Edington Place. Marco Island. FL 34145 1206 EdingCon Place, Marco Island, FL 34145 (project location) (Owner's address) Steal Sheet Pile Wall, Fixed Dock, Dredging Heather Hassel Manager (project description) (Owner's contact person) (title) June 2018 /May 2020 g 4,186,298.20 239-394-3099 vdmv@vllledemarcowestcom (project start/completion dafca) (contract value) (phone) (email) Construction SoNcitat/on Ooc rev 04952022 GAO FORM S - STATEMENT OF EXPERIENCE OF BIDDER 4. Alva Boat Ramp ____,__ (project name] 3. Aorii 2020 / August 2020__ S 543.']85.41 (project completion Gate) (contract valve) Mystic Potnte Marina, Phase I __ ____„_„_ (project name) 33y5 Mystic Pointe Drive Avmkura. FL 33180 (project location) Ploating Dock Reconstruction ._ (project description) PH I May 2021/August 2021_ $1,605,338.64 (project completion date) (contract veluej Note: In addition to Phase I, KBS has been contracted to complece Phase II and III of the Mystic Pointe Marina's improvements to their docking Facilities. _ L¢c Coun[v BOCC _ __.. __ (proJaet owner) Mar Prujed ManaNc r. Uivbiun of Mile¢ CamPell Nal rat Aer -Mar a Program (Owners contael pet son) Ctitlejce 239-533-8133 _ m<ampel�gov.ne[ (phone) (emaiq _Mystic Pointe Marina Co_n_dominium Association, Inc (Project owner) �� Sam¢ as project location __ __ __„_,,,_ (Owner s address) Todd Tennen ,Marina HOA President (Owner's contact person) (title) 305-301-3162 bim:nfish@yahoo.com _ (phone) (email) 12/I 1/2023 Please see our" Sampling of Project Experience" following this page for details on projects that demonstrate the depth and breadth of our expertenre. in addition, we have provided Letters of Recommendations, which speak to the quality of our work and the professionalism of our employees. This information is substantial evidence of our ability to successfully complete projects of similar size and scope. Constrec[Jon So/!citation Doc rev 04952022 �;p0 KELLY BROTHERSr xnc Sampling of Project Experience 15775 Pine Rldge Road, Fort Myers, FL 3390H P: (239) 482-7300 . F: (239) 402-H014 CAO www.kellybros.net �' (� of �'� — KELLV BROTHERS, xr.c CGQ819�80 Riverside Marina, Marco Island Yacht Club Marco Island, Florida Kelly Brothers (KBI) completed work on the prestigious Riverside Marina at Marco Island Yacht Club. This exclusive marina provides 26 wet slips ranging from 50'to 125' long and 22'to 29' wide. Work started with the demolition of an existing fixed dock and gazebo. Mechanical dredging of the marina's waterfront footprint was done to a -6 to -7 below mean low water resulting in approximately 4,000 CY of spoils being removed from the site. K6I constructed S50 LF of vinyl seawall with a helical de back anchoring system and reinforced concrete cap. Riprap refurbishment consisted of placing 25 tons of 12 to 24" rock while 382 tons of 57 stone filled the void between the old and new seawall. The buildout also included the cnnstructlon of a 4,746 S.F. fixed dodo flnishetl with WearDeck composite decking. Additionally, KBI assembled antl installed 5,787 S.F. of concrete floating docks and 9,577 S.F of floating concrete wave attenuator. The 21 accompanying 18" by 60 ft. steel pipe piles with HDPE sleeves were driven to the required pile penetration utilizing a V35 vibratory hammer. Sixty-four fendoff piles, two concrete piles bents with concrete caps used to anchor the marina's two aluminum gangways and flue 40K boat IIRs were also Installed. Modernization of the utilities Including fire, water, pump -out facilities, lighting, and electric with WI-FI were within KBI's scope. The upgraded electric provides the marina with the ability to concurren[ly power multiple mega yachts. Location: 1400 N. Collier Blvd. Marco Island, FL Owner: Marco Island Yacht Club Engineer: Turrell, Hall R. Associates 3584 Exchange Ave., Ste. B Naples, FL 34104-3732 Contract: Prime Date Completed: November 2021 Final Contract Amount: 15776 Pine Ritlge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net Cnn KELLY BROTHERS, me Water Control Structure No. 108 North Port, Florida Kelly Brothers (KBI) was the prime contractor to construct a new water control structure (WCS) located on the Cocoplum Waterway between the existing structure and Collingswood Blvd. The new WCS includes a coated sheet pile weir with reinforced concrete cap, Apra p, and catwalk with lighting. It is constructed with a total of six new manually operated stainless steel gates; two push -down center gates and four pull-up gates. Work included installation of a temporary coffer dam upstream and downstream of the work area, a bypass pipe to maintain waterway Flow, dewatering Jk turbidity monitoring, along with demolition/disposal of the old dilapidated structure. Construction of the 150' long structure spanning fully across the waterway Included driving 41' long steel sheet pile with an embedment of +32', tlretlging/grading of the waterway and surrounding area, forming and casting the concrete cap and support columns, installation of the stainless -steel gates, assembly and installation of the aluminum catwalk, placement of rlprap and site restoration. Coordination and installation of a new power pole, electric feed and installation of the electrical service and lighting components were also the responsibility of KBI. The contracted project duration was 365 calendar days; KBI was able to complete the project in 162 calendar days. In addition, during a very volatile raw materials market the project was completed on budget with zero change orders. i Location: Cocoplum Waterway, W. of Collingswood Bivd North Part, FL Owner: City of North Port Engineer: Kimley Horn 1777 Main St., Ste. 200 Sarasota, FL 34236 Contract: Prime Oates Completed: ]une 2022 Final Contract Amount: $2,257,458.05 I5775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellvbros.net KELLY BROTH ERS, 1Hc Ville de Marco West Marco Island, Florida Phase I of the project consisted of installing a 365 Ilnear ft. cantilever steel sheet pile (SSP) wall with a concrete curtain wall and cap replacing the concrete seawall obliterated during Hurricane Irma. The Z-profile SSPs, ranging in length from 40' to 52', were Installed to top of rock; damaged piers, concrete blocks, landscaping, and other hurricane debris were removed from the alignment. Once the seawall was secured, a 2' deep x 4'tall concrete curtain wall, spanning the tidal zone, was poured along the entire face followed by a 3' x 2.5' concrete cap. Additionally, a 40 Ilnear R. section of SSP toe wall was constructed 20' below water for scour counter measures. An engineered cathodic protection system was Installed consisting of 34, 240 Ib. aluminum anodes welded along the seawall face and toe wall. During all SSP Installation the exposed building was monitored for vibrations and observed for settlement by a third -party surveyor. The steel sheet piles were successfully driven into place without causing any added duress on the already precarious structures. Phase II consisted of Filing in behind the new seawall with 6,800 cubic yards of locally dredged sand, rebuilding the fishing pier and resident finger docks, along with restoring a 12,000 sq. ft. area In front of the seawall with 3450 cubic yards of locally dredged sand and securing it with armor mat for scour protection. Timber dock and mooring piles ranging from 25 linear ft. to 50 Ilnear ft. were Installed in their previous footprint with all new composite decking. The fishing pier located at the point encompasses grout filled steel pipe piles wrapped with HDPE sleeves, composite decking, IPE railing, ADA accessible ramps and vlewpol nts, and a fish cleaning table. In addition, a SOOCF concrete deadman/tie-back system was constructed to offer additional support to the new seawall and a French drain was installed. Due to the washout effects of the Hurricane, the underside of the building slab closest to the point was exposed and needed to be sealed with waterproofing materials and backfllled. 1206 Edington Place - Marco Island, FL - ,�_.,�,f,,,,-._ �,,. __�„ Owner: Ville De Marco West, A Condominium, Inc. Engineer: Coastal Engineering Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 Contrac[: Prime Gate Completed: May 2020 Final Contract Amount: $4,186,296.20 1 �� E�: � .. ��"' �r �h" b 4i .- 15]]5 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-]300 . F: (239) 482-8014 www.kellybros.net KELLY BROTH ERS, �rrc CGC1519700 Alva Boat Ramp Alva, Florida Kelly Brothers' (KBI) work at this public boat ramp Involved widening the boat ramp from one lane to two, replacement of the boarding dock, along with parking lot Improvements, including ADA accessibility, which was completed in two overlapping phases. Phase I consisted of demolition of the dilapidated boat ramp and boarding pier, refurbishing the rl prep river bank and constructlon of the new ADA compliant boat ramp and dock. The underwater section of boat ramp is constructed of precast concrete drive slabs and concrete seawall panels incorporated with articulating concrete black, all of which were placed by KBI's skilled divers and eq ulpment operators. The landward section of the boat ramp is all cast -in -place concrete. The new 1,200 sg. f[ dock is 85 % larger and Includes an ADA ramp which weaves down the river bank under and existing oak tree where it mends together with the new 6' x 160' Flxed dock. Phase II involved the upland rejuvenation of the park. AsphaR was milled and existing grades were modified Co Incorporate new ADA boat [railer parking and access sidewalks. Existing shell parking was revitalized and two additional parking spaces were added along with a boat prep area. Landscaping was refreshed in the park, new sod and plantings were placed throughout the park along with a new perimeter fence, which was constructed along the shoreline and east boundary of the boat ramp. Location: 21580 Pearl Alya, FL Owner: Lee County Engineer: Coastal Engineering Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 Conirac[: Prime Completion Oa[e: August 2020 Contract Amount: $543,�85.41 __ `:- _.. 15275 Plne Ridge Road, Fort Myers, FL 33906 P: (239) 482-0300 . F: (239) 482-8014 www.kellybros.net ;;1I .�� _ KELLY BROTH ERS�xrvc MarineMax Sarasota, Florida Kelly Brothers, Inc. (KBI) was contracted to remove and dispose of the western seawall and 34 associated fend -off piles in the marina basin. KBI Installed 293 linear feet of 18' SG-950 vinyl sheet. pile to replace an existing concrete seawall, formed and placed concrete fora 24" x24" seawall cap and deadman, assembled and installed 248 sq. ft of aluminum floating dock and gangway. The floating dock was secured with nine 6" x 30' steel pipe pile with HDPE sleeves.. ' Location: '�� 1601 Ken Thompson Pkwy. i Sarasota, FL 34236 �� '^' 'r�� Owner: r.. '.4 MarineMax East, Inc. �—x r s�' En9inear: a!h� �15•I Jti- � l•,i '.,�-".der^'�(ti-'�."��_,i "" Hans Wilson Fi Associates " Y� 1 � � � m �' 1938 Hill Avenue F t t`}�.�.��y * ,t PQ Fort Myers, FL 33901 -- y _ p I �_ "� - -„ Contract: � � ' Subcontract - - l� - i' ;� Prime ContracWr: " - GCG Construction i - ` "`°+ � ,yy� 6819 Porto Fino Circle, Ste. 1 � _ Fort Myers, FL 33912 _ sn Date Completed: September 2019 I f �� Final Contract Amount: `�` ��`� ' g3aB,ss 1.66 +� m_ �i..;�=9 iws- -'�' 16]]6 Pine Ridge Road, Fort Myers, FL 33908 P: (239)962-]300 � F: (239) 482-8n14 www.kellybros.net KELLY BROTHERS, 3nc CGC3519780 MarineMax Naples, Florida Kelly Brothers (KBI) was contracted by GCG Construction to repair 90 linear ff. of concrete seawall and cap destroyed by Hurricane Irma at the MarineMax, Naples location. The original seawall had separated and shifted approximately 3 ff. from its original location. KBI removed the existing concrete panels and tnstalled a vinyl sheet pile wall using 13 helical anchors to securely anchor the wall. A 20" x 24" concrete cap and new concrete deck were Installed, along with seven 10" x 25' marine piles with caps, wrap, pile stripping and fenders. Location: 1146 6'^ Avenue 5. Naples, FL owner: MarineMax, Inc. Engineer: Reuben Clarson Consulting 750 94'^ Avenue N., Ste. 213 St. Petersburg, FL 33702 Contrac[: Subcontract Prime Contractor: GCG Construction 6819 Porto Fino Circle, Sufte 1 For[ Myers, FL 33912 Ua[e Completed: February 2018 Final Contract AmgunC: $193,098.00 15775 Plne Ridg¢ Road, Fort Myers, Fl 33908 P: C239)462-9300 . F: C239)482-6014 www.kellybras.net KELLY BROTHERS, xnc CGQ 519J©O MarineMax Fort Myers, Florida Kelly Brothers (KBI) was contracted by GCG Construction, the design -build contractor, as part of their phased marina Improvements for the MarineMax, Fort Myers location. KBI demolished and disposed of finger piers, concrete travel lift, concrete boat launch pad, and removed miscellaneous pilings in front of the new seawall location. KBI then constructed a 155 linear ft. seawall using 30 ft., ZZ-19-700 coated steel sheet pilings and a 142 linear R. Deadman also of 22-19-700 coated steel sheet pilings with 40 ft. DYWIDAG tie back rods. Work also included storm pipe penetration through the face of the new seawall. Location: 14030 McGregor Boulevard Fort Myers, FL owner: MarineMax, Inc. Engln¢or: Hans Wilson 8a Associates 1936 Hill Avenue For[ Myers, FL 33901 Contract: Subcontract Prim¢ Contractor: GCG Construction, Inc. 6819 Porto Fino Gircle, Suite 1 Fort Myers, FL 33912 mat¢ Compl¢t¢a: April 2017 Final Contract Amount: $269,211.D0 �` �.r, �� _ � � � �� _� I� it {X.Y �� r � �� EIaM— �O { �� _`_. _ I PI►V _ "� 15775 Pine Ridge Roatl, Fort Myers, FL 33908 P: (239)482-7300 . F: (239)482-8014 i , www.keliybros.net �� KELLV BROTH ERS, me � �� - �� - CGC1519]NO Mystic Pointe Marina, Phase I Aventu ra, Florida Kelly Brothers (KBI) completed the first wave of the Mystic Pointe Marina floating dock reconstruction project. The Marina Is part of the gated Mystic Pointe Community, a waterfront luxury location on the Intracoastal Waterway. The multi -phase project started with the removal 10,663 sq. ft. of time -worn floating docks, which were over 30 years old. Aluminum floating docks were then Installed within the same footprint, utilizing the existing concrete piling. KBI, as the general contractor, also subcontracted and oversaw the utility work, which included electric, fire, water, and sewer. In addition, Kelly Brothers is contracted to complete Phase II and III of the Marina's continued Improvements to their docking fadlities. The next two phases Include overhauling an additional 75 slips encompassing 14,757 sq. ft. of floating docks along with the associated utility upgrades. The entire marina reconstruction project Includes a total of 122 slips with an overall sq. footage of 26,410. Location: 3575 Mystic Pointe Dr. Aventura, FL Owner: Mystic Pointe Marina Condominium Association, Inc. Engineer: Thomas Checca, P.E. 11568 NW 73etl Manor Parkland, FL 33076 PH 1 Data Completed: August 2021 15776 Pine Ridge Road, Fori Myers, FL 33908 P: C239) 482-7300 . F: C239) 482-8014 www.kellybros.ne[ , ;� . _" II KELLY BROTH ERS, xrvc GGC1519780 Venetian Cove Marina Leesburg, Florida Kelly Brothers (KBI) worked directly with the City of Leesburg to design / build the dock improvements within the Venetian Cove Marina a[ the City's Venetian Gardens Park. The design/build protect consists of 4 Flxed docks totaling 1358 sq. ft. with 4 gangways leading to a 545' x B' floating dock with 43 slips and 22 finger piers measuring 3' x 20'. The fixed docks are constructed on SO" wooden piles with pre -fabricated aluminum framing and WearDeck composite decking. The fixed dock also has a railing constructed with IPE posts with WearDeck composite top and side rails to maintain a uniform look throughout the protect. The 5,746 sq. ft. floating tlock system is secured In place by 14" x 14" concrete piles and constructed with polycarbonate Floats framed and decked to match the fixed docks. Unobtrusive Ilg Feting was installed on the Flxed dock railing and small pedestals along the floating dock. A unique feature of the floating dock construction is a removable main dock section, which allows the City of Leesburg to open boat access to the interior basin thus creating additional mooring rapacity on an as need basis. 109 E. Dixie Ave. Leesburg, FL 34748 Owner: City of Leesburg Engineer: Sea Diversified 160 Congress Park Dr., # 114 Delray Beach, FL 33445 Contract: Prime Date Completed: Design: July 2020 Build October 2021 Final Contrail AmounC: Design: $74,916.00 Build: $1,103,050.75 �l ��i r�, 11 yi. �Iw!_ _— + � 1 }'v. �i wn �_�.�"" .. lam. '. ,.., __: 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239)482-8014 www.kellybros.net KELLY BROTHERS, xnc Naples City �ocK Naples, Florida Kelly Brothers (KBI) completed work on the prestigious Naples' City Dock reconstruction. The work consisted of dredging, demolition/disposal of 19,490 sq. ft. existing wooden fixed docks, overwater buildings, and fend off piles. Along with demo, work included the installation of 21,262 sq. ft. of new concrete floating docks, Installation of 3,571 sq. ft. of heavy timber >k IPE fixed docks, reconstruction of three overwater/floating buildings, design -build fuel system, and all utilities (fl re, water, elecbic and waste). Dock boxes, signage and fish cleaning stations were provided as par[ of the finishing touches for this new and improved docking facility for the City of Naples. KBI worked in contunctlon with the City of Naples utilizing the Cfty's direct purchase program to generate a sales tax savings far the protect. This multi -million dollar project was completed on time and under budget. LoeaCion: I- 735 8'^ Street South Naples, FL � Owner: City of Naples Engineer: Turrell, Hall >k Associates 3584 Exchange Avenue ' Suite B Naples, FL 34104-3732 Contract: Prime Oare Completed: ^"' February 2018 �� Final Contract Amount: " $5,901,805.05 �ry.��nYn�,ry^, i:.i M1 aid,. �� 15]]5 Pine Ridge Roatl, FOK Myers, FL 33908 P: C239)482-7300 . F: C239)482-8014 www.kellybras.net L' l�ti J �� _ KELLY BROTH ERS, xnc CGC1519780 Tin city Naples, Florida Kelly Brothers (KBI) was the construction team responsible for the waterfinnt restoration of Tln City after Hurricane Irma caused massive seawall and boardwalk damage at this historical restaurant and shopping complex. The project started with the demolition of the failed seawall and boardwalk. The new 392 linear ft. of seawall was constructed as a resilient H-Pile Combi-Wall. Steel H-piles were drilled deep into rock, steel sheet piles were driven Into the rock, all topped with concrete cap. The seawall was engineered to cantilever on Its own; - Independent of tie backs. Zinc anodes were welded onto the steel sheet piles below the water line. Over 1,900 sq. ft. of new IPE boardwalk was installed, supported seaside by the concrete cap and landward by new pressure treated pilings driven Into the land. Over 400 LF of hand railing was also Installed. Two mooring fact titles were constructed with 14" wood fender piles, along with the removal and replacement of a floating dock. Construction of two decks, backflll restoration and utilities were also part of the KBI's responsibilities in the restoration efforts. Location: 1200 Sth Ave. 5 Naples, FL Ownar: Herbert Chas Pohlmann Jr. Englnear: Turrell, Hall ffi Associates 3584 Exchange Ave., Suite B Naples, FL 34104 Contract: Prime Data Completed: December 2016 Final Contract Amount: $1,547,311.03 Marinay.�....r ��,{ Constructio n�eF.� ' 15 ]JS Pine Ridge Roatl, Fort Myers, FL 33908 P: (239) 482-0300 . F. (239) 482-8014 www.kellybros.net KELLY BROTH ERS, xrvc Tarpon Club Marina (South Naples, Florida Kelly Brothers (KBI) mmpleted the revitalization of the southern docking facilities at the Tarpon Club Marina, centrally located In the Isles of Capri, between Marco Island and Naples. This marina facility has direct boating access to the Gulf of Mexiw. This project consisted of maintenance dredging 463 CYs and the demolition/disposal of 4,039 sq. ft. of existing Floating docks and fend off piles. Once completely demolished, KBI commenced work on the construction of 7,195 sq. ft. of concrete floating docks and 1,347 sq. ft. of timber fixed docks Flnished with Wear Deck composite decking. Three custom forklift stops were furnished and installed as part of the site's notable Improvements. The Installation of the fuel system, and all utilities (F re, water, electric and waste) were also completed within KBI's scope of work as the general contractor for the site's marine construction activities. Signage and rope railings were provided as part of the finishing touches for this Impressive marina's southern complex. LocaClon: 250 Capri Blvd. Naples, FL Owner: FCC Beach !§ Yacht LLC Engineer: Turrell, Hall, Sc Assodates 3584 Exchange Ave, Suite B Naples, FL 34104 Contrail: Prime Date Gomple[ad: February 2023 Final Contract Amount: $3,358,171.77 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 462-7300 . F: (239) 482-R014 ('�\ www.kellybros.net KELLY BROTHERS, crvc CGC1519980 ParK Shore Landings Naples, Florida Kelly Brothers (KBI) was hired to replace a failing seawall and time -worn docks located on the Intercoastal waters of Venetian Bay. The jobsite offered limited land accessibility ihus the majority of the work was conducted waterside from KBI's sectional barge. Work started with the removal and disposal of the pressure -treated wood docks then the portion of existing seawall needed to install 901 LF of vinyl sheet pile was demolished. The installation of the vinyl seawall Included a concrete cap, concrete deadman and helical anchors. Special care was taken while working in areas where buildings encroach on the radiused seawall. Once the new seawall was in place and the property secured, eighteen 4' x 24' fixed finger docks, [Dialing 1,896 sq. ft., were constructed in the original footprint along with a 7' x 24' fixed dock for fishing. All docks were constructed of pressure treaded lumber and decked with WearDeck composite decking. Added to the KBI's scope was a 12' x12' kayak dock with ^Safe Launch."The kayak dock is accessed by a seven -step articulating aluminum stairway, which allows quick access without incorporating a long gangway. KBI's scope of work also included a 5' wide paver walkway alongside the seawall with low voltage landscape lighting, a fish cleaning table, fire standpipe system, fire exting ulshers and the Installation of shore power and water for each of the 36 slips. Location: 405 Park Shore Drive Naples, FL Owner: Park Shore Landings Condominium Association Engineer: Turrell, Hall r3<Associates 3584 Exchange Ave., Ste. B Naples, FL 34104 Date Completed: February 2022 Final Contract Amount: $1,784,242.22 15725 Pine Ridge Road, Fort Myers, FL 339D8 P: (239)482-7300 . F: C239)482-8014 www.keilybros.net „;t ', �1 KELLY BROTHERS, rrvc CGC1519780 Powerboat Marina Naples, Florida Kelly Brothers (KBI) was contracted to design and build a new seawall and boathouse to replace the 60+ year old, 16-slip Boathouse B and existing seawall severely damaged during Hurricane Irma. Worked Involved design, demoli[ion, dredging, dock repairs, roof piles, concrete seawall and cap, boathouse and utilities. First, KBI demolished the remains of Boathouse B, the associated seawall and the Dockmaster's ofFlce. Construction then started with Che 440 LF of new seawall built of 4' x 16' x 8” concrete panels crowned with a 24" x 24" concrete cap and secured with 35 one -cubic yard seawall deadman; all of which were cast onsite and Installed by KBI's crew. Upon completion, the Boathouse B basin was dredged to -6' MLW, removing approximately 450 CYs. of spoils. Extra care had to be taken while dredging around the existing docks. The new 14,623 sq. ft. Boathouse B roof structure, with 18+ ft. of head clearance, was designed in coordination with the building manufac[urer and is constructed of galvanized steel framing and aluminum sheathing. The structure sits on 36, strategically placed, steel pipe piles, measuring 10.75" x 30' to 44' in length, encased with 12.76" HDPE sleeves. In addition to the seawall /boathouse work, existing docks were repaired and reconstructed as needed, which Included Installing water and elec[rlc at each of the 15 slips. Electrical work also involved relocating / upgrading a 16-meter power bank. Site work including Importing FlII, grade work, and paving. KBI managed and coordinated the in-house portions of the construction In unison with the subcontracted Items to flawlessly execute the complex integration of schedules and work. Location: 701 11th Street South Naples, FL 34102 Owner: Powerboat Squadron Marina Association, Inc. Engineer: Coastal Engineering Consultants 28421 Bonita Crossing Blvd Bonita Springs, FL 34135 Contract: Prime Oa[e Completed: July 2020 Final Contract Amoun[: sya}� + P,.S.Y i� �I f � in 16776 Plne Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellYbros.nef � �•�`" KELLY BROTH ERSr xnc CGC1519]80 Villas at Fortune Place Kissimmee, Florida Kelly Brothers (KBI) worked for the Tohopekaliga Water Authority to construct 255 LF of retaining wall at this vacation resort complex. Vibration monitoring was part of KBI's contract as the work being pertormed was In very dose proximately of the existing structures. The work, primarily done from the land side, entailed demolishing a portion of the old retaining wall components, driving 40' PZ-40 steel sheet piles and Installing a concrete cap. KBI was also responsible for Installing compacted backtill, sod, and 6' galvanized fencing. This work was completed within budget and on time. Location: 1201 Simpson Road Kissimmee, FL Owner: Tohopekaliga Water Authority Engineer: Wekiva Engineering 711 N. Orange Ave. Winter Park, FL 32789 Contract: Prime Date Completed: May 2018 Finat Contract Amount: $708,777.73 15775 Pine Ridge Road, FOK Myers, FL 33909 P: (239) 482-7300 . F: (239) 4H2-8014 www.kellybros.nei KE LLY BROTHERS, xnc CGClil )7f30 Mangrove Avenue Seawall Naples, Florida Kelly Brothers Inc. (KBI) was awarded the design/build pro]ec[ for the replacement of a 53 LF canal-heatl seawall located at the south dead-end property parcel on Mangrove Avenue. The KBI team was responsible for design, environmental permitting (DEP and Army Corps), local building permit, and oonstruction. The design /construction incorporated concrete sheet pile to vinyl sheet pile transitions In [he connection of the new seawall to the timeworn, private seawalls adjoining each end. The County's easements/right of entry to the property allowed KBI access to the jobsite and the ability to work by land. Construction began with clearing an existing fence and overgrown vegetation from the site. The failing seawall, which had collapsed due [o age and Improper sheet pile penetration, was then demolished and properly disposed of. The concrete sheet piles and deadman were precast at KBI's shop in Fort Myers and transported to the jobsite due to the limited onsite work area. The precast sheet piles and vinyl sheet plies were then installed along with the concrete cap, which was cast -in -place. The new seawall also Integrated 10 LF of capped 18^ HDPE stormwater outfall pipe through the seawall for Future use. The site was graded and sodded to complete the project. Design, engineering and permitting were finalized In approximately 90 days with construction complete in 30 days. Location: Mangrove Ave. /Haldeman Creek Naples, FL Owner: Collier County Engineer: Turrell, Hall E. Associates 3584 Exchange Ave., Ste. B Naples, FL 34104 Contract: Prime Oafs Completed: December 2021 Final Contract Amount: $124,983.00 15%JS Pine Ritl9e Road, Fon Myers, FL 33906 P: (239) 482-J300 . F: (239) 482-8014 (_..h0 www.keilybros.net nz: z,e�no KELLY BROTH ERSr xnc Pahokee Marina Reconfiguration PahoKeer Florida Kelly Brothers (KBI) reconfigured the Pahokee Marina waterway entrance to provide wave attenuation and improve fisheries habitat. This project encompassed the demolition and disposal of an existing two-sided sheet pile, concrete capped, breakwater measuring about 90 linear ft. long x 10 R. wide. We then eMended a 2n° breakwater, adding approximately 460 linear ft. of steel sheet piles. KBI placed 4500 tons of armor stone and 900 tons of bedding stone, Il Wing both sides of the new breakwater wall. The work involved the use of Kelly Brothers' company -owned barge, crane, and other heavy equipment. Although the weather often caused high winds and waves on Lake Okeechobee, which complicated the open water work from the barge, the project Flnlshed six (6) weeks ahead of schedule. Location: 190 N. Lake Avenue Pahokee, FL Owner: Palm Beach County Board of County Commissioners Engineer: WGI 2035 Vista Parkway West Palm Beach, FL 33411 Date Completed: May 2017 Final Contract Amount: $1,194,206.82 15775 Pine Ritlge Road, Fort Myers, FL 33906 P: C239) 4B24300 . F: C239) 462-6014 C/\O www.kellybros.net �� KE LLY BROTHERS, xnc Harbour Heights Boat Ramp Replacement Punta Gorda, Florida Kelly Brothers (KBI) was contracted to remove and replace the deteriorating county boat ramp at the Harbour Heights Park along with a number of related improvements. The entire ramp area was dewatered using a steel sheet pile cofferdam Men the ramp and approach were formed and poured In the dry. Four concrete piles were driven at the toe of the ramp for additional strength. All areas of the project site were upgraded to be compliant with ADA access requirements, Including Me approach sidewalk and the Installation of heavy dory handrail along Me raised sidewalk area. Two fixed piers, 5' x 70' and 5' x 60', were installed with pressure treated decking and fendering for boat mooring to complete the project. Location: 47420 Voyageur Drive Punta Gorda, FL Owner: Charlotte County BOGG Engineer: Weiler Engineering Corporation 201 W. Marion Ave. Punta Gorda, FL 33950 Contract: Prime Data Completed: February 2018 Final Contract Amount: $436,462.73 15776 Pine Ridge Road, Fort Myers, FL 33905 P: (239) 492-7300 • F: (239) 482-H014 •:�� kPllvbro_s.nei GAO �� j`i' �� KELLY BROTHERS, we CGC1539780 Bayshore Gardens Boat Ramp Bradenton, Florida Kelly Brothers Inc. (KBI) was contracted to remove and replace the existing boat ramp and boarding pier. The project Included 75 LF of concrete seawall and cap, and a 1,445 sq. ft. boat ramp with a 384 sq. ft. armor -mat scour protection pad, widening the new ramp try 2 feet. The addition of ADA parking and sidewalk now allows for handicap access [o the new 64 ft. long boarding pier. The project was finished three weeks ahead of the schedule. Location: 6919 26°i Street West Bradenton, FL 34207 Owner: Bayshore Gardens Park 8c Recreation District Engineer: Coastal Engineering Consultants 26421 Bonita Crossings Blvd Bonita Springs, FL 34135 Contract: Prime Oa[e Completed: June 2019 Final Contract Amount: $314,146.20 15775 Pine Ridge Road, Fait Myers, FL 33906 P: (239) 482-7300 . F: (239) 4H2-B014 www.kellybros.net �- KELLY BROTHERS, xrvc CGC1518780 Punta Rassa Boat Ramp Fort Myers, Florida Kelly Brothers (KBI) was contracted to renovate the most widely used public boat ramp facilities In Lee County. The project was completed in two phases to keep the facility open during construction due to the heavy use. KBI installed two 26' x 73' concrete panel boat ramps, 2,400 sq. ft. of armormat scour protection, 2,260 sq. ft. of fixed dock with composite decking along with 26 linear ft. of bulkhead. Work also Included upland site work and environmental protection during the construction. Location: 15001 Punta Rassa Rd FOK Myers, FL 33908 Owner: Lee County BOCC Engineer: Coastal Engineedng Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 Contract: Prime Oat¢ Completed: December 2016 Final Contract Amount: $609,840.00 ((�� II � ' 1i �».� 4 ��.� rx � �� - _._��:� F .t r ref„ '�.-� ��y'jwb. ..y ¢ ' .. ... ��`�1 _ -vFP'' � � R e�i5 C � 1��; 157J5 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239) 482-8014 www.kellybros.net KELLY BROTH ERS, xnc CGC1519780 Pine Island Commercial Marina St. James City, Florida Kelly Brothers, Inc. (KBI) was contracted to renovate the boat ramp, barge landing, and marina facilities. Renovations Included mechanical dredging of over 3,300 cubic yards from the main channel, a new and wider boat ramp, Improved docks and barge landing, vinyl seawall replacement with Heback system, armormat scour protection, utilities, sidewalks, and the relocation of the marina ofFlce building. Loca[lon: 6001 Maria Drive St. James City, FL 33966 owner: Lee County Archi[ect: Coastal Engineering Consultants 28421 Bonita Crossings Blvd Bonita Springs, FL 34136 Contract: Subcontract Data Completed: April 2016 Final Contract Amount: $62H,899.22 hC� KELLY BROTHERS�xnc CGC1519 ]80 Letters of Recommendation 1975 Pine Ritlg¢ Road, FOH Myers, FL 33908 P: C239) 4824300 . F: C239) 482-8014 www.kellybros.ne0 �� MAIYCO� �IS'L.rlN1J 'I O January 2022 Dane Kelly President Kelly Brothers, Inc. '15775 Pine Ridge Road Fort Myers, FL 33908 Having reached the very successful conclusion of our project to upgrade our seawall and install a new marina, 1 want to take this opportunity to thank you and the entire Kelly Brothers, Inc. team. From the initial quoting process through to resolving punch list items at the conclusion of the project, you and your employees demonstrated a level of professionalism and competence rarely found in business today Two attributes embedded in your company culture which 1 especially appreciate are complete transparency and a commitment to quality...in other words "getting it done correctly'. It was impressive to see these attributes exhibited by the employees working on the project. Every member of our Ciub associated with the project commented to me about the skill, diligence, and responsiveness of KBI employees working on the project. 1 also appreciated the efforts to minimize the impact of the construction activity on our Club during the project. Enabling us to continue our dining and banquet operations certainly added a burden to the KBI team. However, your tea m`s efforts enabled us to continue to serve our members and guests with a minimal impact on them and our daily operations On behalf of the entire Marco Island Yacht Club, I want to convey our appreciation and gratitude for a project 'weil done'! 1 heartily recommend your company to any individual or group that is considering a complex marine construction project_ From my perspective, there is no other marine construction company chat approaches the capability appnd customer fiocus demonstrated by Kelly Brothers, Inc. Da i veriYc- Chairman, Board of Directors Marco Island Yacht Club '1400 N. Collier Blvd. Marco Island, FL 34145 C AO .lone zs, zozo Ville de Marco West Whara tha dolphins play... To Whom it May Concern: In September 2017 Hurricane Irma destroyed 360 feet of seawall at Ville de Marco West on Marco Island, Florida. The devastation wreaked havoc, resulting in the total undermining of a four-story building, removing a %acre of land, exposing the area to the invading waters of the Gulf of Mexico, and depriying 10 owners access to their homes. Kelly Brothers, Inc. was hired to restore this beloved piece of pa radtse, which we call 'the Point; to a state even better than when Irma found It. From the outset challenges presented themselves in many forms in both the design and building phases of the seawall, the replacement of the surrounding land, and remedlation of the underside of the undermined building. Whether In the board room or in the field, Dane and Travis Kelly's expertise ensured an exceile nt product all around. Because of the extensive land loss and strong currents, a cantilevered seawall, unique to this area, was designed with Input from both Kelly Brothers. They helped to reduce our risk and enhance the future integrity of the structure. They listened to any comments, be they suggestions or complaints, giving us answers which met or exceeded our expectations. The brothers made sure our Directors understood each element of every aspect of the project and worked seamlessly in the field to make it happen. Dane and Travis Kelly's expertise resulted in a superior seawall and successful conclusion to our restoration. The complex nature of the project, and its perilous location at the corner of the Collier Creek and the Marco River, presented difficult site conditions which Supervisor Bob Horne expertly managed, both in and out of the water, with his team of workers using everything from hand trowels to huge cranes. His crew were professional, courteous, and conscientious. The Point at Ville de Marco West Is restored with what we believe is a stronger, more secure seawall with a long Ilfe span as a result of our contract with Kelly Brothers, Inc. From what we hear from local disaster experts, engineers, residents, and passing boaters, they agree. The owners and Board of Directors of Ville de Marco West thank Kelly Brothers, Inc. and their employees for a Job well done. We look forward to continuing our relationship. Yours truly, Ben Farnsworth Presitlent Board of Directors Management Office, '12D6 Edington Places, Marco Islantl, FL 34145 Tel (239)394-3D99 Fax (239) 970-6D65 vdmw@villetlemarcowest.com vliladamarcowest.com �.,^t� COASTAL ENGINEERING "CONSULTANTS '-----..._.� INC. A CGCI GIZOUl' COMPANY October 5, 201 S RE: Reference for Kelly Brothers, Inc. To Whom It May Concern: CECI Grouo Services Coastal and Marine Engineering Environmental and Gaolo9ical Servlcea Lantl and Marine Survey antl Mapping Website: www.coastalenglneering.com I have worked with Kelly Brothers, Inc- (KBI) closely for many years on a variety of different Types of projects including shoreline stabilization. We are currently working with KBI on the Ville de Marco West seawall replacetnent project on Marco Island. During this time, I have found them to be very competent in their undertakings and have demons[rated good communications, strong work ethics and have approached each project as team players. They take a personal pride in completing the project on Ume and on budget. They go above and beyond to satisfy the client and ensure a quality product. I am confident in recommending Kelly Brothers, Inc. as a contractor for your project. Feel free [o contact me should you have any questions at 239-260-3776- Sincerely, COASTAL ENGINEERING CONSULTANTS, INC. Mark A. Kin/caid, P.E. Vice President of Engineering Ivy/: nu.v /nr Kcfp� /L'sNu: ry /no. ¢/AK_ 3I4 M1'/M:.S Juc, 31 OC, S. Flurseshoe I3rivt NnPlu^R Flnrirle 34I(14 *PM1onc (239) 643-2324 �Faz (239) 643-1143 •F-nmil: 'nPor�ccc"O cnm �e a rnvc ('n, � rr u. co.f ✓aru,vn /n'.l'.ti /:vc'/� / oy = CAO �� CONSTRUCTfON October 2 � , 2019 Dear Kelly Brothers, Inc., Our team at GCG Construction, Inc. wanted to lot you know how much we have appreciated working with the KBI team. From the beginning of our MarineMax —Sarasota project, KBI set a tone for profassionallsm and work ethic that has become increasingly harder and harder to find in our industry. Every obstacle was mat with immediate solutions and every attempt to reduce any impact on our client or the marina operations has bean greatly appreciated. As you know, so much of our pipeilne of work is based off word of mouth and repeat buslnass. GCG has received much acclamation from the Marina Max staff on KBI's partormanca. The staff has recently witnessed numerous trades and contractors over the past year and have many times acknowledged KBI as ono of iha most impressive. Those com mants ware specifically directed towards Jorge and the craw and how they simply Just moved with a purpose, and a plan that appeared to be executed efficiently and effectively. It is obvious that KBI puts a high level of importance on a clean, safe work environment, well - organized and competent craw with excellent communication_ This team effort and project experience speaks volu mas and wa appreciate it. Wa look forward to more of the same as wa successfully progress to the end of this project and sincerely hope we have the opportunity to work together on many more in the future. Thank you, .--d ..--"G� ��.: Taely Byr Vices Prasedent GCG Construction, Inc. TeI: (239) 454-7304 � Fax: (239) 454-7352 www.GCGbullds. com t -�,1 <_> �-� �C� CONSTRUCTION March 27, 2018 Mr. Dane Kelly Kelly Brothers, Inc. 15775 Pina Ridge Road Fort Myers, FL 33908 RE: Latter of Recommendation: Seawall Replacement - MorineMax, Naples, FL To Whom li May Concern: On behalf of GGG Construction, Inc. I would like to thank iha Kelly Brothers Team for the raplac�ment of 90 LF concrete seawall and cap destroyed by Hurricane Irma at MarinaMax in Napless, FL. The project was addressed in a Timely manner and completed ahead of schedule. The project required the existing concrete wall to be replaced with a new vinyl sheet pile wall tied back with helical anchors and a new cap and slab -on -grade cast-tn- place wlth steel reinforcement. All work was completed per the plans and specification throughout the construction process as documented by the Engineer of Record. Our client, Marine Max, appreclatad the communlcotion during the project, the expedited processing and execution of requested thongs orders, and mointalning an organized jobsite. It is with great pleasure that I recommend Kelly Brothers, Inc. as a contractor for any type of marina construction that you may be considering- The project was a tom plate success by all accounts. GCG Constructlon, Inc. looks forward to a continued relationship and future projects with Kelly Brothers. Incerely, _ 3 — _-- ..__ _ Im del Vecchio �roject Manager GCG Construction Nothing we do is more important than planning and performing our work SAFELY 6819 Porto Fino Circle, Sufte 1, Fort Myers, FL 33912 Tel: (239) 454-7304 Fax: (239) 454-7352 b�r�ilds CGC 1507846 CAO � �G� CONSTRUCTION B U I L D I N G I T S E T T E R April 21, 2017 Mr. Dane Kelly Kelly Brother, Inc. 15775 Pine Ridge Rood Ft. Myars, FL 33908 Re: MarineMox -Sao Wall Replacement Ft. Myars, FL Mr. Kelly, On behalf of GCG Construction, Inc., I would like To thank you and Tha entire Kelly Brothers, Inc. team for the effort and service provided for the Seo Wall replacement at MarineMax in FT. Myars, Fl orido. Tha project was cam plated ahead of schedule and on budget with no cost overruns. The project consisted of 155 LF of new steel sheet pile wall tied back with steal pile dead men and a new poured -in -place concrete cap. All work woe completed per the plans and specification as documented by the Engineer of Record throughout Tha construction process. Ovr client, MoNneMox, appraciatetl the coordination with the barge move in/out and Is vary happy with Tha final product. 6y all accounts the project woe a complete success. GCG Construction, Inc. looks forward to a continued relationship and future projects with Kelly Brothers, Inc. Sincerely, C==-�-�"--z-_- Andrew Solon Senior Project Manager GCG Construction, Inc. 681 9 Porto Fino Circle, Suites 1 , Ft. Myers, FL 3391 2 Tel: (239) 454-7304 Fax: (239) 4547352 www gcab 'Id cam CGG 7 507846 �'iAO To Whom it MaY Concern: 1 am writing to recommend Kelly Brothers Inc. (KBI) as an outstanding provider for marine constructton services. I had the pleasure of working with Kelly Brother personnel on the Clty's waterfront revitalization pro)ect at the Venetian Cove Marina. Kelly Brothers was the prime contractor responsible for the design and constructton of our dock improvement projecC, which Included four (4) fixed piers, a 546' floating boardwalk, twenty-two (22) finger piers and dock Iight(ng. A successful design /build project needs people of vision to work alongside you. KBI's dedicated team demonstrated repeatedly that they shared our vision from concept to completion. They had the insight to listen, the talent to articulate, and the ability to solve problems before they became problems. Kelly Brothers' personnel are knowledgeable, conscientious and responded promptly to our needs. Throughout the project I experienced complete cooperation between the City of Leesburg personnel, KBI and their consultants and subcontractors. Most importantly, The project was completed safely with no lost time injuries. With excellent project management and site supervision Kelly Brothers performance exceeded our expectations. KBI certainly demonstrated Its ability to meet our high standards for quality and workmanship. The completed project is one in which we can take great pride. We are also pleased ko confirm our project came in on time and on budget, an excellent combination. I would be happy to speak with any prospective client about my experience and the quality of work provided by Kelly Brothers, Inc.; please feel free to contact me at (352) 72g-9786 ext. 2331 or via email at John.folker@leesburgflor'da gov Sincerely, �./B//sY T.%. 4John Folker City of Leesburg Public Works �- . �'/�f> N APLEa CITY DOCK TELEPF10N6 (239) 2t 3-3D70 � FAcsIMILG (239) 2t3-3D']2 HBO t 2T" AVENUE SOUTH � NAPLE9, FLORIDA 34t 02-6796 To whom it may concern: It is with pleasure I write this letter of recommentlation for Kelly Brothers, Inc. I wish to acknowledge the high stantlartl of pertormance, professionalism, and diligence axhi bited by Kelly Brothers during their work on the Naples City Dock multi -million dollar renovation project. The task included a combination of fixed and floating tlocks, the reconstruction of three overwatarMoating buildings, design -build fuel system, antl all utilities (fire, water, electric and waste). Kelly Brothers was responsible for the oversight of the entire project; they self -performed 64 % of the work and directetl multiple subcontractors. Particularly noteworthy was the attitude and cooperative readicns by key Kelly Brothers' personnel to difficult and tenuous conditions caused by the intricacies of marine construction. Their employees kept the site clean and tidy, and were always polite and professional to inq uisitiva members of the public. During construction Kelly Brothers proved their expertise in marine construction by value engineering various components of our multi -faceted project, which resulted in a considerable cost savings to the City of Naples. They have a knowledgeable staff with a strong work ethic and the specialized equipment to deliver a quality product at a competitive price. I feel confident Kelly Brothers will do an outstanding job. They will be able to assist with any challenge your unique project may present, as th ay tlid with ours. My experience working with Kelly Brothers over the course of this 1 O-month project clearly demonstrated [o me the City made the right decision to use their outstanding firm. 1 would recommend Kelly Brothers to anyone demanding quality workmanship for projects in antl around the water. T2ogm• Jacobsen li arbor Muslcr Cily of Naples, Florida CAO �� TURRELL� HALL 8i ASSOCIATES, INC_ Marine 8t Environmental Consulting 3aS4 Pxchang¢ Av¢nue _ Nnples, Plodda 34104-3932 _ 239-643-0166 _ Pex (239) 643-6632 _tune®t}�anaples.com To whom it may concern: I am pleased to provide this letter of recommendation for Kelly Brothers, Inc. I have worked with Kelly Brothers, Inc. (KBI) on several diverse projects; most recently on the historic Tin City Waterfront Shops' seawall and boardwalk reconstruction. Tin City's waterfront promenade required major restoration after Hurricane Irma devastated the area causing the seawall and boardwalk to fail. We designed the reconstruction of The seawall and boardwalk and bid the work out to qualified marine contractors. Kelly Brothers was recommended and selected over other bidders For the project due to their experience working in very difficult site conditions, their competitive pricing and heavy equipment needed to perform the complex installation. KBI worked very well with the various business owners to ensure their work had as little impact as possible. Regular site meetings were held and any concerns were promptly, professionally and fairly addressed. The project workmanship was excellent and their dedication to the prompt completion of this $1.5 million project was greatly appreciated by all. Consistent with previous work experience, I found their staff to be skilled and knowledgeable. Everyone goes above and beyond to satisfy the client. The quality of the service provided as well as the level of professionalism and integrity demonstrated by their employees is outstanding. I highly recommend Kelly Brothers for any marine construction project you may be proposing. I am impressed with the quality of their work and will certainly utilize their Firm in the future. If you require addirional information please contact me at (2391 643-0166 or via email at Patrick®thanaples.com. Regards, Patrick Scheele, Staff Engineer /Project Manager Patrick 2THAnaoles.con� GAO June 8, 2021 To whom it may concern My experience working with Kelly Brothers on our Powerboat Marina design /build project was a very positive one. KBI's talented team executed the project from conception through construction. The multiple phases were performed in a timely manner; starting with the design, then demolition, dredging, piles, concrete seawall and cap, followed by Boathouse B's new metal structure and utilities. The work was executed flawlessly and adhered to project specifications and budget. Their staff was conscientious and paid attention to detail. The result was an excellent quality o£ workmanship and a finished project that we are very satis£aed with. In fact, we are planning additional work involving both of our firms. It has been refreshing to work with a company that understands and is dedicated to the "team" approach. The people at Ke11y Brothers took spectral care to ensure the completed project exceeded our expectations. They are highly competent professionals who are sensitive to a client's needs and also are able to manage and coordinate well with other trades. Their attitude is always one of problem solving and efficiency, which I highly value. I will certainly continua working with Kelly Brothers on future projects and highly recommend them to others. If you should need any morn information regarding Kelly Brothers' capabilities and work ethic, please feel free to contact me. SQincerleLly, Q /Ill O KJC.B-W ICJ c��%ttJ-Gi.(.V-OLC.P2. Scott Schwalbackc President Powerboat Squadron Marina Association, Inc. PO Box 1055 Naples, FL 34104 Cell: 239-825-5336 Email: acotte�chw lbacl�me.com TOYo "a"" ,.��j bringing you life's e nutnurit 95l MarTln Luther Kin Boulevard. Kissimmee, FL 34]4l �__ T¢I: 40]-944-5000 � most precious resource www.tohowateccom September 6, 201 B To Whom It May Concern_ It is my pleasure to provide this letter of recommantlation far Kelly Brothers, Inc. Kelly Brothers successfully constructed 255 LF of replacement retaining wall at the Villas of Fortune Place, a vacation resort complex near Kissimmee, for the Tohopekaliga Water Authority (TWA). The construction work was done landsitle antl in close proximity to multiple housing structures. Special care was necessary while driving the 40' steel sheet piles so as not to cause damage to the nearby buildings. Kelly Brothers was able to successfully complete the project without issue. Kelly Brothers' on -site staff was fully accessible to TWA personnel antl consultants. All concerns and questions were promptly addressed in a professional manner. The crew was commlttatl to the task from beginning to antl, resulting in a successful project. Throughout the duration of the project, their commitment and integrity have bean without question. Kelly Brothers' commitment to customer satisfaction, quality of worK, and on budget pertormanca Ftas been evident throughout the project. Toho Water Authority has found Kelly Brothers to be an outstanding marine construction company. 1 highly recommend Kelly Brothers for [hair outstanding work, qualified staff, and attention to detail. Please feel free to call me at 407-944-5025 should you need further information. S incarely, _ —'' George Evarsole, P.E. TUx_rzELL, HALL 8z ASSOCIATES, INC. MARINE cC[ ENVIRONMENTAL CONSULTING 35g4 ExcM1angc Avrnua � Napks, Florida 34104-3932 � 239-643-0166 � Fax (239) 643-6632 �[una aQ'CHAnaples.com March 17. 2022 RE: Contractor Recommendation Kelly Brothers, Inc_ 15775 Pine Ridge Road Fort Myers, FL 33905 To whom it may concern, Our firm has worked with Kelay Brothers Inc. for over 25 years on a vaziety of seawall, riprap, dredging, dock, boathouse and marina construction projects. They have the proper equipment and properly trained staff to tackle nearly every aspect of marine construction minimizing the chance for delays and complications experienced by smaller contractors. To back up their construction crews they have very experienced office staff that ensures conri�act conditions are followed, pay requests are submitted on time and proper permits aze secured for all work. In the last 14 years I have personally worked with Kelly Brothers Inc. on projects that range from re -decking amulti-family docking facility to commercial marine construction and every job has been completed on budget with minimal punch list items needing to be addressed. Their job sites are kept clean which transfers to their workmanship and finish quality of their projects. We have recommended Kelly Brothers Inc. to many clients, developers and municipalities based on our experience with them and the long list of satisfied clients we both have together. I can assure you that they are one of the most qualified and competent contractors in southwest Florida and recommend them for consideration. If you have any questions regarding their past performance feel free to contact me a[ The number in the letterhead above. Regards, ,,/�� _ ; �f_`_ f--J �%yam Joshua W. Maxwell, P.E./Chief Engineer Turrell, Hall 8c Associates, Inc. CIAO SOQ�N co d 2� '"LORi94" o,�r�rlo,...� ,.r a:,,w r., i��, �..��,.I aonn uera, n,lr leo..a_ -N� ri...,� Vfi112a]-2�en ......s.�s..�o,rn,-u....,re...r,o Ivan n,n.:u c: o�m. uo ru �r c.., c �o,�..n.m,.... r�„n�n�� u.�..r,�l: nu,r.. Mclisxv NICF`,rl:p�. bite NnY��r n:a a v,a.:.�lo: o.v. rv�r,... ti1c,xu L e\bmnrs \IarY lam Ilcrlim M..d ucn.:,nl co.„ur ano.ml.vm..r v.Y.rom„ c n:m.r May 18, 2017 SUBTECT: LETTER OF RECOMM"ENDATION, ILLY BROTHERS, INC To Whom It May Concern: Kelly Brothers, Inc (KBI) was selected by Palm Beach County as the contractor to construct the project listed below. Project: Pahokee Marina Re -Configuration and Fisheries Enhancement Owner: City ofPehokee Project Descriptions Constnact 480 linear feet of sheetpile and install 4,500 tons of armor stone as fish habitat. Construction Dates: 11/14/2016 to 5/10/2017 ContraetAmount: $ I,154,957.12 This was Pelm Beach County's first project using KBI as a contractor The work was constructed on time, within budget, and without incident. KBI was proactive in resolving any issues that arose during construction. In addition, KBI wordinated with all the parties involved in a way that insured the project goal was achieved. Based on our experience with the referenced project, I would definitely recommend Kelly Brothers, Inc and hope to work with them again in the future. Please feel free to contact me with any questions at (561) 233-2519. Sincerely, Reubin Bishop, Sr, Environmental Analyst Envirormental Enhancement 8c Restoration Division r.�rn� H: Viecomrxlendation-ICBI.doc WEILER ENGINEERING CORPORATION EH-6666—ENGINEERINGBERVICES INCLU VE CIV ILI LAND OEVELOPMENTI WATERFRONT \ I _ I RF_SORT$ I VTILITIGS I MUNICIPAL CaOV ERNME NT I ATRVCTV RAL I MIN IN6 161H -GP6 \� I �sc silence In engineering .� � i �� June 20. 2Ot8 To whom it may concern, The Weiler Engineering Corporation worked with Kelly Brothers on the Harbor Heights Boat Ramp Replacement for Charlotte County completed in 2018. We would like to extend our sincere recommendation for Kelly Brothers Inc (KBI) on any future marine construction projects and also express our desire to work with them again. The boat ramp replacement included the removal and replacement of the complete boat ramp facility including the ADA compliant approach sidewalk and fixed docks. The KBI team went above and beyond at each step of the project, from unforeseen soil conditions to over anxious residents who very much wanted to use the ramp before completion. KBI crews Kept the sight secure, clean and organized. The Weller Engineering Corporation would Ifke to express our confidence in Kelly Brothers and hope to be working with them ourselves in the near future. Please feel free to contact me If you would Ifke to discuss further. Sincerely, The Weiler Engineering Corporation Mike Giartlullo, P.E. Director of Civil Engineering PUNTA GORDA OFFICL; Lpt WEST MARION AVENUE -SUITE IJV6 PUNTA CaORDA FL'33950 TEL 94t v05 -i J00 FAX 941-505 -'I YO'2 MARATHON OF1=10E: G805 OVERSEAS HIGHWAY I MARATHON I FL 33050 TEL 305-2II9-4181 I FAX 30v-2D9-41G?_ f.,n �; KEY WEST OFf--ICE: 6630 FRON"f STREET I KEY WEST I FL 33040 I TEL 305 -2D9-4161 I FAX 306 -209-4182 WE INVITE YUU TO VISIT OUR WF_R SITE ATWWW.W EILERENGINEERINO.ORG OR EMAIL U$AT INFO@WEILERENGINEERING.ORG BAYSHORE GARDENS PARK AND RECREATION DISTRICT 6919 26'^ Street West Telephone: (941) 755-7912 Bradenton, Florida 34207 Facsimile: (941) 739-3515 office@baysho recta rdena. org Tune 1 O, 2019 RE: Marina Boat Ramp and ADA Dock [ highly recommend Kelly Brothers, Inc. who recently completed the installation of a boat ramp, which was wideaied by two (2) feet, and an accompanying ADA dock. "fhe job was completed approximately 22 days prior to Lhe prof acted finish date, which made our residents extremely pleased. The communication was open and ongoing. Inquiries were responded to timely and professionally. During construction, the site was maintained, Kept clearr and organized. The on - site crew was professional and responsive to questions. The quality of workmanship is re'tlectcd in the Finished product with attention to detail obvious. Site visits and questions f4om our District Project manager were acknowledged with respect and addressed with detail. It was a pleasure working with Kelly Brothers, Inc. We are pleased with the work on this project and would recommend this group of professionals as a commeroial marine contractor. Sincerely, odic I.tan District Manager <'n0 Lee Coun� SoutGiwF�s•f 'F�av'i Gr nonlxo nr courv�rr corvlmisswrvrra January 18, 2017 am,n Manor„s Reference for Kelly Brothers, Inc. o:mmr o„� coon L Ponn.,.v.aso R$; puma Rassa Boat Ramp Construction os,me Two Le,ry Kikar o:snror n.00 To Whom It May Concern: o;�r:�r a��,a„ F"" Kelly Brothers, Inc. (KBI) provided construction services for the replacement of the P'�"" "^""^ four -lane Punta Rassa Boat Ramp during the second half of 2016. This was a O/Sbicf Y-Ivo complete rebuild including dock replacement, seawall replacement, upland site aopo. o».)®.Ie15 cw.nry rnr,.,avor work, precast and cast in place ramp components, and armonnat scour protection. Rlu,aw wm wescn co,..,ry gvoroay The site is the single most important ramp access in Lee County and serves a oo.,�a Mane conma variety of recreational and commercial boating interests. Because of that, we also Ho.,n"O ex�..,'"o` required that the facility remain operational throughout construction. KBI did an excellent job of understanding our needs and meeting them. When minor issues came up, they were proactive in communicating with us and our engineer and implementing corrective actions. We also changed a number o£ details mid -project, and KBI was understanding and cooperative in implementing the new requirements. KBI was also able to work saFely and effectively despite the requirement to keep the ramp open to public use. The result was a final product that came in on time and within budget and represents a significant long-term benefit to the boating public of Lee County. We consider KBI to have been an excellent partner on this project and would be pleased to entertain bids £rom them on any future similar work we might have. Please feel Free to contact me at the phone number or a -mail address below if you need any additional information. Sincerely, Stephen Boutelle Marine Operations Manager sboutelleC�7lee eo v.com (239) 533-8128 P.O. Box 398. Fort Myers, Florida 33802-039a (23fl) 533-2t t 1 Internet address htlp://www.laegov.com � .�� qN EOVAL OPPORT V NITY AFFIRMHTIVE ACTION EMPLOYGR �� LEE �QT TNTY so u�rl1 wr�s� rI_o211» BOARD OF COUNTY COMMISSIONERS �/snKr o cmm�s September 2G, 20] G Brien 6iBelwv nser/ce r..., I2E: LETTER OF RECOMMENDATION ear �anan Kelly Brothers, Inc. o/se..c rnro� oisr� i ro'�� To Whom it May Concern: rank Menn "naa /-1�n My experience with Kelly Brothers goes back to 200A Y'or fho first phase of Manatee Park S tore tcara., s. Haw9a Lines Stabilization project. They had proven then that their expertise and customer services are .,n""p'"'an.,Q„' among the best in the industry_ Michael n. Hunt Couab Atromcy Diana M. Parke. Kelly Brothers was an integral part iv the successful completion of the latest Yine Is an cnm,ry tiaA,.nA Commercial Marina renovations For I_ee County. "they did an outstanding job and we were c<am'^e' pleased with the tinal outcome. Their employees are knowledgeable, courteous, professional, and always punctual. They did exactly what we }rave asked of them and provided us with exceptional quality and timely matter. The Project was completed on time and under budget. Lec County and I continue to retain their services due to the high quality of their work, responsiveness, and expertise as a Marino Contractor. I£ you need any further information or have any questions, please feel liiee to call me. Very truly yom-s. A ub AI-B ahou, P.E_, LLD'"' CIA Engineering Manager II AAIb'+1 (6lleeeov com 239-533-8303 (office) 239-707-2515 (cell) C'!t0 I'.f ). liux ]YS Purr pigcrt. Florida 130(p-giON (_}OI [ i :-1.11 I la nJdr. 5 In <I/, v Iv FORM 6-TRRNCH $.41rgTY ACT l'tO5 P012M MUST 1)l•: COMPLI2'1'BD OB B1D NIAY Bli UBLr MUJD NON-RBSPONSI Vti. E3idder neknowled@ns that incbWe<I in the variwtx ilomz of Om bid and in the l'otnl Bid Price nm coos 1'ar eontPbin@ with the I❑oridn 'french Sn fery Am (90-9l, Laws of Ploridn) effective October 1, 1990.'fhc I)iAAcr Ilvthcr idmhiticrtho cost w bo sunvnnrized below: "1'mnch Snfdy Unilx of Vnil Vnit Lxtmtded Cnst Mcosurc Nicnauc rOunnhty) <]ost f Dcccrinrion) (SL7 <Y) 1. 2. -��_ 3. -- 4. 5. `fOl'A L. S C. mnpnny: 9ignnhtre: tl I/2023 Construction Solicitation Ooc rev 09152022 S './\lJ FORM 9 -BID BOND TH19 FORM MUST HE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVF✓NON- 3iE3PONI3BLE KNOW ALL tv1HN BY TF[BSH PRHSEN['3, [hat we Kely Brothers, Inc. (herein after celled the Piineipel) and pace y nsu ranee ompany _ (hereto called the Surety), a corporation chartered and existing under the laws o£tha 9tete of Texas with its principal otPcea in the city of Houston and authorized to do basin s in the State o£ fl 'd era held and firmly bound unto the Colltar County Board of County Commissioners (hereinafter called eha owner), in Uta ft[ll and Juat sum f Fl��(SY) fAm ant 8itl--- dollars (S ----'5�---- t good and lawtbl money oP <he United 6tates of America, to be paid upon domand afiho Owner, to which payment well and truly to be made, the Principal and the Surary bind themselves, their hairs, aM exeeutora, administrators, and assigns, jointly end severally and firmly by these presents. Whereas, the Principal Is about to aubm[t, or has submitted to eha Owner, a Bid for £vmiahing all labor, materials, , equipment and incidental¢ necessary to furnish, innatl, and tblly complete the Wozk on the Project known es BId No. 23-6162 Caxambna Park and Boat Ramp Rehabflitwtloo ProJac< NOW. THBREFORH, if tho Owner shall accept the Bid of the PRINCIPAL and tho PRINCIPAL shall Doter into the rcquirca Agreement wiUt the Owner and w[thin tan days after tho date oFa wdttan Notice o£ Award in acwrdancc with the [emts of such Bid, and give such bond or bonds In an amoani of 10046 the total Contract Amount os spaclflcd in the Bidding Documents or Comract Oocumema with good and sufficient surety for the faithful perfomtance oPUta Agreement and for the Vrompt payment of labor, materials and supplies E fished in the prosecution thereof eho ¢vent of the failure of the PRINCIPAL to enter into such Agreement or m give such bond or bonds, and��i�^ �o o4�i� t oea+d abo� certiflcstes of insurance, [f the PRINCIPAL shall pay to she OBLIGEE <ha fixed sum oF$ r n�.. n as liquidated damages, and no[ as a penalty, as provided in the Bidding Doauments, Uten this obligation shall be null and void, otherwise to remain in NIl fort¢ and effect. ',�� `:" rrayy IN TE3TiMONY Thaceof, the Pr[nc[pal and Surety have caused Uteae presents to ba duly signe�.�4fiF$ulgd`tttis�,.,� 'a 12th day of Oacembar 2023. � �'�= _� `- _, .2.7� `- a iC� �, KELLY BROTHERS, INC. �apiiheJt�a�- •`', � : 3.'= _ iv' �r,r F ''� U. S. SPECI INSURAN O P Surotrt, i;,, .` f aY- _ _ Coumaraigned n, r a sl en A nt 39) 275-3226 - .. �: Appointed Pmdua ng ABent fbr C Insurance Grou - - - : ;�� 1 - c e, Fart Myers, Florida 33992 - ' -, _., , .ni.�� -� C1A[� TOKIO MARINE H G C POWER OF ATTORNEY _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS 60NDIN0 COMPANY -� $•UNITED STATES SURETY COMPANY L.S. SPECIALTY'INSURANCE-COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractor¢ Indemnity Company, a Califomia corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporetlon and U.B. Specialty Insurance Company, a Texas corporatton (collectively, the "Cempanlas'"). do by these presents make, con¢titule and aPPolnb ._ z. ... .•;:... Wendy Hingsoh of Fort Myara, Florida � - - - - tts true and lawful Attomey(s)-in-fact, each in tholr separate capacity tf more than one la named above, with full power aril 'authority hereby conferretl in Its name, place and stead, to execute, ackncwlotlga and tloliver any and ell bonds, reeognizanees, andartakings or other instruments or contracts of suretyship to inaluda rldere, amendments, antl consents of surety, providing the bond penally does not exceed 'Ten Mllllon•"•' Dollars ( ••'810 OOo.ob0.00'•'. ), This Power of Attorney shall expire wtihout further action on January 3t", 2024. This Power of Attorney IS granted undaPantl by authority of the following!'aaoluttbns adopted by the Boards of Directors of the Companies: Ha'/f Raso/✓ad: Ihatiha'Presldenl, any Vica-Pmsident, any Assistant Vita-Preatdenh any Secretory olany Asals[ant Secretary shall ba and is M1araby vaeted wllh NII power end authority to appoint any one or more sullabla parsons ea Attorney<s)-In-Fact to represent antl aG[ for and on Uehall of the Company subject lolha following pravfslons: ARomay-ln-Fact may be given full power and avlhorily for antl in the name of and on behalf of the Companry, to execute, acknowledge end delNeq any nd all bonds, reeognlzances, conVacis, agreements or lndomnity antl other conditional or obligatory u tlertaklnay^. Including any antl all consents for the release of retained pamentegvs and/or final esfmatea 6n englnearin9 antl construction contractc, and y and all notices and.decumanis �' callag Or larminaling the CompOny'e Ilabfllly lhareundeq and any auob Instrumarlla so axeculetl by any 9Veh Attamay-In-Fact shell ba, binding upon the Compvny ae if elgnatl by tho President antl sealed and effected by lha Corporate Secrolary. - - � - - 6e !( Resolved, that the signature of any authorizaC oHlcer antl seal of the Company hareto(ora or harceaar afflxad to any power. of atorney or any cartiflcafe relating thereto by fecslmlle, end any power of attorney or cartigceta bearing facslmlla signature or fecalmlla seal shall be valid and binding upon the Company with rospact to any bond or undertaking to which It Ia attached. IN WITNESS WHEREOF, The Companies have caused this Instrument to ba signed antl their corporate seals to ba'hereto affixatl. this 23r^ day of September, 202t. AMERICAN CONTRACTORS INDEMNITY COMPANY TE%AS aONOING COMPANY - UNITED STATES SUREII'_COMPANY V.B. SPECIALTY IN8URANCE COMPANY State of California County of Los Angeles A Notary PUG//c or other ofRcer "� J By- _ � - _ - .. . _" _ _ . _ _. varines only the who signed fhs ddcumant On this 23rtl day of September, 202t, before ma, D. Littlefield, a notary publio,. personally appeared Daniel P. AgVltaq Vies President of American Contractors Indemnity Company, Texas Bontling Company, Unitetl States Surety Company antl U.S. Specialty Insurance Company. wM10 proved to ma on the basis of satisfactory evidence to be the parson whose name is sWscrtbeU [o thawithin instruman4 antl aCknowladged to me That ha executed the same in his authonzod capacity, and that by his signature on. the Instrument the porson; or the entity upoh bohalf of which the parson acted, executeU the htsirument. I certify uhtler PENALTY OF PERJURY untler the laws of the State of California [hat the foregoing paragraph is true antl correct. p.:mrrr4r,o WITNESS my hantl and offi i I seal. _ �uwnr� . ��,.,,..""ToO1,.ri z3aoror Signature � d' (seal) � xr��m-um�m.w+rr, aoar�_ - 1, Klo Lo, Assisian[ Secretary o American Contractors Intlemnily Company, Texas Bondln9 Company. United States 6urety Company and U.S. Specialty Insurance Company, do hereby certify that Iha above and foregoing la a true and correct copy df a Power of Attorney, executed by said Companies, which is still in NII force antl effect; furthermore, the reaolutlons of the R2sr:;�,.�� Oirecloro, ¢et out to the Power OF Agorney era In full forts antl affect •^wktf „1 �! �%✓-'sp'�.4 In mass WbetagT: � (ava herr3pnto set m hand nd. affixed the seals of sold Companies. at Ly$ 9rtlgf3les 1h day 'of Il pxll�l �C�a� r t-,,.,_. Corporate Seals ,y � ^`s. � � � $ � f � \ 4 t <" 1 Bond No. �/�7 /.y%*q'��y�,, Agency No. t]084 Ny- w� ^I' i.F �....r.....-.. .........� Kto �ri rA3s 1 5 S Ai,.: " NCCBMANPfMQe/20J/� � visit tmhcc.wm/surety for more Information l FOAM 8 - ENSURANCE AND BONDING RE U]REMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized io do business in the State of Florida as set forth in FO[tM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subconirecton, agents and employees of each and all of them, all damages covered by property insurance provided herein, cxcepx such rights as tfiey may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of [hem [o include similar waivers in their contracts. Collier County shell be responsible for purchasing and maintaining as own liability insurance. Certificates issued as a result of the sward of this solicitation must identify "Por any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The Generffi Liability Policy provided by Vendor to meet the requirements of the sol:citeHon shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation end shall contain e severability of interests provtsrons. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Govemmenq OR Collier County. The Certificates of Insurance must start the Contmet Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shell conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. I£ Vendor has any If - red retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on theuCertificate of Insurance the nature and amount of such self- i red retentions or deductibles end provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coveragc,(� shall be maintained without interruption from the date of commencemem of the Work until the date of completion and acceptance of [he scope of work by the County or es specified in this solici[atioq whichever is tonger. The Vendor entl/or its i surance carrier shall prav:de thirty (30) days written notice to the County of policy cancellation o non -renewal on the part of the insurance c or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hou s after receipt, of any notices of expnatiov, cancellation, non- renewel or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requi ment to provide notice. In the evens of a reduction in [he aggregate limit of any policy to be provided by Vendor hereunder, Vendor shell immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coveragejs:] required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purrltase such coveragef32 end charge the Vendor for such coveragefll purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days aRer demand, the County has the right m offset these costs from any amount due Vendor under this Agreement or any other agreement betwcen the Counry end Vendor. The County shall ba under no obligation to purchase such in urance, nor shall it be responsible far the coveregeja purchased or the insurance company or companies used. The decision of [he County to purchase such insurance covemgels]. shall in no way be conslruW to be a waiver of any of its rights under the Contract Documents. If the inaal or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shell famish to the County renewal or replacement CerHficate(s) of insurance not later than ten (]O) calendar days after the expiration date on the certificate. Pailure of the Vendor to provide the County with such renewal certi£ca[e(s) shall be considered jusHFcation for [he County to terminate any and all contracts. �';l0 Collier County Florida Insurance and Bonding Requirements Insurance / Bontl 'type Required Limits I. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Pederal Government Staturory Limits and 2cquirements Evidence o£ Workers' Compensation coverage or a Certificate of Exemption issued by the Safe of Plorida is required. Entjties that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at 1 � �// fld}' /b / 2. ®Employer's Liability $_1,000,000_ single limit per occurrence 3. ®Commercial General Bodily I jury and Property Damage Liability (Occurrence Form) patterned after the $_3,000,000_single limit per occurrence, $2,000,000 aggregate £or Bodily Injury current ISO form Liability and Properly Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises end Operations; Independent Contractors; Products and Completed Operations and Contmetual Liability. 4. ®Indemnification To the maximum extent permitted by Plorjda law, the ContmetorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees end paralegals' fees, to the extent caused by the negligence, ecklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000_ Each Occurrence; Bodily Z jury � Property Damage: Owned/Non-owned/Hired; Automobile Ivcluded 6. ® Other inswance as ®Watercraft $ 1,OOQ000 Per Occurrence noted: ® United States Longshoreman's and Harborworker's Aci coverage shall be maintained where applicable to the completion o£ [he work. $ 1,000,000 Per Occurrence ® Maritime Coverage (lonea Act) shall be maintained where applicable to the completion o£ the work. $ 1,000,000 Per Oceursence � AiroraR Liability coverage shall be carsied in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Pcr Occurrence ® Pollution $ 1,000,000 Per Occurrevre � Professional Liability $ Per claim 8e. jn the aggregate 0 Project Professional Liability $ Per Occurrence 0 Valuable Papers Insurance $ Per Occurrence � Cyber Liability $ Per Occurrence � Tecfinology Errors Re Omissjons $ Per Occurrence C l�n 'l. ®Hid bontl Shall be submitted with proposal response in the form of certified funds, cashiers' chccK or en irrevacablc letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5 % of the cost proposal. All chocks shell be made payable to the Collier County Hoard of County Commissioners on a bank or trust company located :n the Sta[c of Florida and insured by the Fedcml Deposit Insurance 8. ®Parfonnance and Corpo[retion. Foc p ojects in excess of $200,OOq bonds shall be submitted with the executed Payment Bonds contract by Propos rs receiving award, sntl written far 100% o£ the Contract award unq the coat borne by th¢ Proposer receiving a award. The Performance and Payment Bonds shall ba underwritten by a surety authorized m do business in the State of Plarida and othetwixe a ceptable to Owner; provided, however, the surety shall be rated a "A `• or better as to general policy holtlera rating and Class V ar higher racing essto financials category sntl the amount required shell not axceatl 5 % o£ [he reported policy holders' sumlus, all a reported in [he most cu cnt Bes[ Key Retin6 Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New Vork, New Vark 10038. 9. ® Vendor shall e e that all subconnactara comply with the same insnrance requirements that he is required to meet The same Vendor shall provide Caun[y with eertificaeex of insurane¢ meeting [ke requiretl insurance provisions. 1 O. ® Collier County mast be named as "ADD[TiONAL INSURED" on the lnsuranre Cer[ifiaale for Commercial General Linbility where required. This insurance shall be primary and non-contributory with respect fo any o[h¢r insuranre maintained by, or available for the banetit of, the Additional Insuretl sntl the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holtler shell be named ea Collier County Bonrd of County Commias:onera, OR, Board of CounH Commissioners in Collier County OR Collie[ County Governmenq OR Collier County. The Certi E.catca of [nsvrence must state the Contract Number, or Project Number, or specific Project tlescription, or must read: Por any and all work performed on behalf of Collier County. 12. ® On sil rertiflca[es, the Certlflcate Holder must r¢ad: Collier County Board of Commissioners, 3295 Tamiemi Trail Bast, Naples, FL 34112 13. ® Thirty (30) Daye Cancellation Notice required. 14. Collier County shall procure and maintain Builders Riak insurance on all conatmction projects where i[ is tleemcd necessary. Such coverage shall be endorsed [o cove[ the interests of Collier County es well as the Contractor. Pram iuma shall be billetl to the project and the Contmcmr shall not include Builders RisK premiums in itx project proposal or project biliinge. All quex[iona regertling Builder'x Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 9/26/2023 Vendor's insurance Acceptant¢ By submission of the bitl Vendor ecrepta sntl untlera[antla the insurance requirements of these specifications and that the evidence of in rabili[y may be required within five (5) tlaya of the award of this solicitation. Tha insurance submitted moat provide coverage £or a minimum of six (6) months from the date of award. Name of Pirm: Kelly Brofhera, Inc. Date: 12/11/2023 Vendor Sign ature:�� Print Name: Dane Kelly, President Kelly Brothers, Inc. 15995 Pin¢ Ridge Rd., Ft Myers, FL 33908 1 A<- ) Stale of Incorporation: Florida cote',- co,�,-,xy Ptocuramant SarWoea Dhdabn poRM 9 — CONF+.tC1' oY tM'gR69T wetrIDAYIT .._ —�.. The Vendor ccrtiflea theq to the best o£ its knowledge end belief, the past and c ant work on any Collier County project af£liated with this solicitation does not pose an organizational conflict as described by ono of the three cacegories below: Blaaed ground rules —The firm fias not set the `•ground roles" for affiliated past ar torten[ Collier County pr ject identified above (e.g., writing a procummcnPs statement o£ work, xpecifications, or performing systems engineering and technical direction for the pmeuremenq which appears to skew the competition in favor o£my firm. Impaired obJ ectfvlty —The firm has not performed work on an affiliated past or a ant Collier County project identified above to evalmte proposals /past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the govcrmnent. Unequal a a to information —The firm has not hatl a cess to nonpublic information as pert of its performance of a Collier County project idenh£ed above which may have provided the contractor (or an affiliate) with an unfair competitive advantvge in current ar future solicitations and con<recta. In addition to Chia signed afYdavit, the contractor /vendor moat provide the following: 1. All docmnentx proAueed as a result of the worK completed in the pas[ or curtently being worked on for [he above- mcntioneA projacq and, ' 2. Indicate if the information protluced wsa obtained as a matter o£public record (in the ••sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), documcnt(s) end/or other means. Pailure [o disclose ell material or having an organizational conflict in one or of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced p ject(s). By the signature below, the firm (employees, offices and/or agents) certifies, end hereby discloses, thah to the best of their knowledge and belief, ell relevant facie concerning past, present, o rently planned interest or activity (financial, contractual, organizntionei, o otherwise) which relates to the project identified above Ana been fLlly discleaed and does not pose an organizational conflict. State of Florida County of Lee _ Kell�Byo�hgs, Ipc.__.._.._ Coro mty Name Signature Dane Kellg„ p _resident ys w..� aws=ae. Print Neme end Ti[Ic pan Myv,r, PL 3r9Oa s,.,� una�e.P^.mm�: sm.�m The foregoing instrument w acknowledged before a by means o£ ® physical presence or � online notarization, [his l l th day of December (month), 2023 tn(yeer), by D t e Kell (uamc of person acknowledging). " . /� C�✓ta.J Cl✓U✓m+aYl�� (S igna[urc of Notary Pablic - Sta[c of Plorida) And Marie Aeschliman (Prinq Type, or 54mp Commissioned Name of Neeary Public) Porsmm ly Known UR Produced Identification ___. Type o£Identification Produced a4oM'ft�e• rwNtaN¢w PYLGIILNAVI COInrNoak.n YFl1i 368808 +�, ipw M1ovP Explroe Febsery lt, Y02] cor_caf..,-,ty Pmcurarri¢nt Btarvims Diviabn FORM 10—VENbOR DECLARATION STAT&hIENT BOARD OP COUNTY COMMISSIONERS Collier County Goyemment Complex Naple¢, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection o angemen[ with any other person end [his proposal is in every respect fair and mad¢ in good faith, without collusion or baud. The Vendor hereby declare¢ the instructions, purchase order terms and conditions, requirements, and speci£cations/scope of work of this solicimtion have been fully examined end accepted. The Vendor agree¢, if [his solicitation submittal is accepted, to execute a Collier County document Eor the purpose o£ establishing a forrnel contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Furtber, the vendor agrees fhai if awarded a contract [or these goods nd/or aerricea, th¢ vendor will not be eligible [o camp¢te, submit a proposal, be awarded, or perform as a aub- v¢ndor Por any future asaocivted with worK that Ie a result of tMs awarded contract. IN WITNESS WHEREOP, WE have hereunro subscribed our names on this 3lth day of December 2b23 in the County of Lee __ in the State o£_Florida Fam'¢ L¢gal Kelly Brothers, Inc. Name: Address: 15"]']5 Ptne Ridge Rd. City, State, Zip Port Myers. FL 33908 Code: Plorida 656515 CertiPcate of Authority Document Number Federal Tax 59-2069592 __ laennneanon Number OGFJ6 •CCR # or CAGE Code "`Only if Gcant Footled Telephone: a39-4S2-']300 Email: estimatin r kell bros.net Signature by: i".a_._--�� (Typed and written) Tate: Dane Kell P id t Kelly Brothers In<. I SJ75 Plne Ridge Ad. Fort Myers. PL 339118 State oC lnmryoratlon: Florida Additional Contact information 5¢na payments to: Kelly Brothers, Inc. (required if dill rent Company nem¢ used as pay¢¢ from above) Contact name: Dane K¢Ily Titi¢: President Address: 15775 P' a Aidg Rd City, State, ZIP Fort Myers, FL 33908 Telephone: 239-482-7300 Email: estimatingtakellybros.net Office s¢rvicing Coiher Same as above County to pla¢¢ ord¢rs (required if diffetnnt from above) Contact name: Title: Address: City, State, Z1P Telephone: Email: Secondary Contact for Travis Kelly, Vice President this Solicitation Email: travisk@kellybros.net Phone: 239-482-7300 C n0 co t�,e,- cov,.,�ty Procurement services Division FORM 11-[MM[GRATION AP'F[DAV[T CERTl6[CAT[ON Thix Affidavit is required end should be signed, no[arimed by an authorized principal of th¢ firm and submitted with formal solicitation submittals. Further, Vendors arc requiretl to be enrolled in the �V¢rify program, end provde acceptable evidence of their enrollment, at the time of the submission of the Ventlor•s bid. Acceptable evidence consists oft copy of the properly completed E-Verify Company Profile page or a copy of [h¢ iLlly executed E-Yerify Memorandum of Understanding For the company which will be produced a[ th¢ time ofthe submission ofthe Ventlor•s bid or within flue (5) day of the County •s Notice of Recommend Award. tLU RE TO CUTE TH15 APFIDA IT C RTIPIC TiON AND SUBM WITH VENDOR'S P ROPOCAt /61D MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will no[ inlentfonally award County contracts [o any Vendor who knowingly employs unauthorized site workers, c nstituting a olation of the employmem provision contained in R V.S.C. Section t324 a(c) Section 209A(e) of [he Immigration and Nationality Act <"INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 294A (e) of the INA. Such Violation by the recipient of the Employment Provlaions contained in Section 274A (c) of the INA shall be grounds for unilateral termination of the contract by Col]ier County. Vendor attests that they are fully com Act and subsequent Amendment(s)) Statutes G44g.e95_ and agrees to come to provide proof of enrollment in Department of Homeland Security in the Vendor's proposal/bid. Sete of County Of Florida with all applicable immigration laws (sVecifleally [o th¢ 1986 Immigration uiremcnt' 1 °I 9d to the pro of the Memorantlum of Understanding with E-Verify and mploymentaEhigibility Verification System (�Veri Py), operatetl by [he ership with the 3ocisl Security Administration e[ [he time o£submission of Kelly Brach.ers, Inc /J _,. _�O npanY Name —�i'��F//-.C//_,..E`.�y Signature Dane K¢IIy, Presid¢nt 1�' Kelly aramera, ns. Print Name and Tttle IS]75 P1ne Ridge Rd. Port Myera. FL ]3908 Siste of lncorporution: Florida The toregg�ing insuvm[cm was ncknOavlodgcd before me by mean offphysical presence or O online notarization, this 13th tlaY rah Ducentber (rnontlty 2023 (Year), by s Dane Kelly (name of person acknowledging). ��/ � /� (Signatm�e of Notary Public -State of Florida) Ann Marie Acschliman (Print, "type, or Stamp Commissioned Name of Notary Public) Personally Knoavn . 12 Produced fdenti fication Type of Itlenti fication Produced .Pw-,.-�•��/C�* ANN MMIEAEBpILNAAN `�y Cotamisabn / NN 8E86R8 �'�PP E�I�aa Febniery 11� 2021 C /•a0 FORM 12 - BH)DERS CHECKLIST IMPORTANT: No bid shall be considered uni¢ss i[ is made on unaltered Bid forms which ar¢ included In th¢ Bidding Documents. Pleas¢ r¢ad carefully, sign in [he apac¢s indicated and tgturn with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following an -line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Farm CForm i) b. Contractors Key Personnel (Form 2) c. Material Manufecmrers (Form 3) d. Lis[ of M�ior Subcontractors (Form 4) e. Statement of Experience (Farm 5) £ Trench Safety Act (Form 6) g. Bid Bond Form (Form']) h. Insurance and Bonding Requirements (Porm 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law A££davit Certification (Form 11) MUST ba signed end attached with your submittal. 1. Sign¢d Grant Provisions and Assurances package in its enfvety, if applicable, are executed end should be included with your submittal. 9. Copies of required information have been attachetl s. Business Tax Receipt (Collier County Businesses Only) b. Company's E-Verify profit¢ page or memorandum of understanding c. Ceniflca[e of Authority to Conduct Business in State of Florida (suobiz.org) d. Any required professional licenses —valid and current (myfloridalicanse.com) (ie: General Contractors tiwnse, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or requbed.) e. Vendor W-9 Form I O. If required, [he amount of Hid bond has been checked, and the Bid bond cr cashier's check has been submitted. 11. Any addenda have been signetl and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later then the specified ooenina date and time, otherwise the Bid cannot be considered. C'n0 �, KELLY BROTHERS, xne CGC1519➢80 Addenda 157�5 Plne Rldge Road, For[ Myers, FL 33908 (_��(. P: (239)482-7300 . F: (239)482-8014 www.kellybros.net CoLL7ar CoxvlLy Telephone r(239) 252894Ilwrcountyfl.gav �!^ —�... Ptoc�aemant Se+rAoes Division Addendum #1 Date: November 6. 2023 From: Patrick Boyle, Procurement Strategist To: Interested Bidders SubJect: Addendum #1 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project The following clarifications are issued as an addendum: Change I: The FEMA provisions have been uploaded into BidSync. Change 2: The bid due date has been extended as follows: Bid Opening Dale/Time:-AJovemb-2-1-3023�D b 12 2023 t 3-00 t IEyou require additional information, please post a question an our Bid Sync (www.bidsv c.coml bidding platform under the solicitation for this project. Please eigta below avd return a copy of thla Addendum with your subm[[tal For the above refereveed aolicitetlon. �® (Signature) Foel Myera. FL 33908 State ntlncaronralioav Flaclda 11 /06/2023 Date (' 1(> CLOY C UN.H'C_y Telephonetr(239) 252�8941 rercountyfl.gov Procr�romenl Services Division Addendum #2 Date: November 14, 2023 From: Patrick Boyle, Procurement Strategist To: Interrested Bidders Subject: Addendum #2 23-5 l82 Caxambas Pa:-k and Boat Ramp Rehabilitation Project The following clarifications are issued as an addendum: Chang¢ 1: The bid due date and Q 8c A deadline have been extended as follows: QUESTION 8c ANSWER Wednesday. DEADLINE: NOVEMBER 29. 2023 at 5:00 PM Change 2: Words und¢rlined are added to Exhibit L — Caxamabas Park Seawall Scope of Work Licensing Requirements An active, State approved Marine Contractors license G I C ntrac[o rs license with at least b t t 'th M C ntracto ra license issued by the State o£ Florida is required for this bid. The contractor must have the required State of Florida and Collier County licensure to perform the required work in this solicitation. A revised Exhibit L -Caxambas Parlc Seawall Scope of Worh 11923 r¢v has be¢n uploaded into BidSync. Change 3: Floating DOCK Speciflcationa Drawing sheets PV-1 and PV-3 were revised and updated to reflect existing conditions. Remove and dispose of floating dock 1. Replaced Technical Specification 6.4.7 with," Demolish Floating Dock No. 1 . Remove end dispose of Floating Dock No. 1 Payment for the removal and disposal of the one (1) existing floating dock structure shall include all material, equipment, and labor costs associated with the removal and disposal of the float system including any attachments. The Work will be paid on a lump sum basis. No progress paym¢nts will be issued for this line item." Provide new floating docks: two (2) - 6.5'x24' and one (1) - 16'x50'. Replaced Technical Specification 6.4.6 with "Coostmction o£New Floating Dock. Payment for construction of three �'/�O (3) new floating docks shall include all material, equipment, and labor costs associated with the manufacturing and installation of the new floating docks excluding guide piles. No progress payments will be considered. Installation of the gangways including the reattachment is included." Deleted Technical Specification 6.4.8 Deleted Technical Specification 55 and 66. Insert "65. Provide new floating docks 1, 2, and 3. . Deleted Technical Specifications 56.1, 55.3, and 55.4. Inserted Technical Specification 55.1, "New floating docks shall, o SS.I.I Floating docks by Gatorpock (contact Tom Addoms 727-295-7339). New floating docks shall be comparable to the existing dock 1 (See Section V I. Historical drawing for dock detail.) 0 55.1.2 Floating docks shall be capable of floating under 50 ps£ live load and gangway deadloads and live loads with a minimutn of 6 inches of fl�eeboard. Floating under uro live load shall produce 16 inches of free board. Provide signed and sealed shop drawings £or approval, as required in Technical Specification 56.2. 0 55.1.3 Provide Four (4) 1 O-inch cleats on each 6.6'x24' docks and eight (8) 1 O-inch cleats on 16'x50' dock. 0 55.1 .4 Deck surface shall be Wear Deck or equal, color cool gray. Verify color with OWNER. 0 0 56.1 .5 Provide two (2) pile guides on each 6.5'x24' dock and four (4) piles guides on the 16' x 50' dock. All pile guides shell have four (4) IJHMW rollers. 0 55.1 .6 Provide gangway wear plate for each dock. 0 55.1.7 Attach P fenders to all four sides of each floating dock. 0 55.1.8 Fender boards shall be composite, 2x10. 0 55.1.8 Install each dock in existing dock locations." inserted technical specification 55.3 "Provide one 3.5'x30' aluminum gangway meeting ADA code for floating dock 3. Provide piano hinge at landward end. Provide shop drawing for approval." Revised Drawing sheets Exhibit M - PV-1 revised 110323 and Exhibit M - PV-3 revised ss 110323 are updated to reflect existing conditions and have been uploaded into Bid Sync. A revised Exhibit J— Caxambas Technical Speciflcationa — Addevdum 2 has been uploaded into BidSync. Change 4: Existing Gangway Cleaning and Repair. Drawing sheets PV-1 and PV-3 were revised and updated to reflect existing conditions. Tn Technical specification 57, Deleted, "Gangways are be]ieved to be under the water in the proximity of the existing floating docks I and 2. CONTRACTOR shall retrieve the gangways. Gangways shall ba cleaned o£biological growth and replaced upon construction of the new docks." Inserted into Technical Specification 57. "Existing gangways (two) were submerged and contain barnacles. Gangways are located landward of the concession building. Clean gangways -all surfaces via media blasting (Contact Richard Ortega- Richard's Mobile Blasting, Inc. 1-855-210- 1888, or equal). Media blasting may be performed onsita or offsite. Comply with all air quality pollution standards, OSHA requirements, and appropriate personal protective equipment C'AO recommendations For all onsite employees and subcantrac[ors during blasting. Coat the cleaned gangways with 2 coats of Everbrite ProtectaCleaq or equal. 0 57.1 Replace all UHMW rollers on oath gangway. 0 57.2 Replace all aluminum piano hinges. 57.3 Install gangways." Delete technical specification 58, 59. Revised Drawing sheets Exhtblt M - PV-1 revised 110323 and Exhibit M - PV-3 revised sa 130323 are updated to reflect existing conditions and have been uploaded into BidSync. A revised Exhlblt S - Caxambas Technical Speciticationa -Addendum 2 has bem uploaded into BidSync. Change 5: The following sections have been revised on the Bid Schedule. Words underlined are added [o the bid schedule and Words struoh-tatwutgtt are deleted from the bid schedule. Sec Hon 5 -Floating Docks Item Na. Sectlen 5 - Floatln Oockz Unit Quantlt 5.1 Install pew floa[In dock ulde II¢s EA 8 5.2 Provitle and lace n¢w floatin tlock no.2 LS 1 i.y !S 8 Provltle and Place 1 k 1 t,q LS 1 IJemolizM1 ist oai n tlock n .1 r o. Ir � r e n a[ Section 10 -Alternate for Floating Dock i-s.3 Raieeata�t i�/-8ansll'aY YS a A revised Bid Schedule (23-S I82 Bld Schedule rev)has been uploaded into BidSync. If you require additional information, please post a question on our Bid Sync twww.bidsvne coml bidding platform under the solicitation for this project. Please sign below and return a copy of this Addevdum with your aubmlttai For the above referenced solicitation. 11/14/2023 Data Kell Brothers, Inc. (1Vame of Flitn) i5p05 Pine Ri geR . Furt Myurv� PL 33908 slalc of In oepo euon: plorida GiOeY COLLH Email KrisoFer.lopez@colliereountyfl.gov i� Telephone: (239) 252-8375 Pn3tznamenf Services Oivgion Addendum #3 Date: Uecem bar 5, 21123 From: Kristofer Lopez, Procurement Stretegist To: Interested Bidders Subject: Addendum #3 23-S182 Caxambas Park and Boat Ramp Rehabilitation Project The following clarifications are issued as an addendum: This addendum addresses Question 19 8c 20 £rom the Questions 8c Answer on Bidsync platform, Question 19 Can you provfde as-builts Por existing boat ramp? No asbuilts of the existing boat remp are known to exist. A set of 1980 permit sketches are attached which depict the ramp and limited engin¢ering details. Any data within the sketches has not been mnflrmed. QueaHan 20 Can you provide as-builts Tor aluminum sheet pile closures built to support King piles? How many oT them and what is their height? Emergency repair plans are attached. It is unknown if asbuiit drawings exist. If you require additional information, please post a question on our Bid Sync (www.bidsvne.coml bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum wlt6 your aubmittai for the above referaviced eolicitatiov. 12/OS/2023 Date Kelly Brothers, Inc. (Name of Finn) vs�ys pine ataae ad. Port Myeo. PL 33908 State of lnmrpora[iom Floriae ('/l t7 C OY C.OLLT2Ly Telephone: (239) 292�g3']Sercoun[yfl.gov Proctaornent Sonrioas Division Addendum #4 Date: December 12, 21t23 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders SubJect: Addendum #4 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project The following clarifications are issued as an addentlum: Change l: Extend Bid Due Date. BID OPENING DAY/pATE/TtME: w----a�...�=�Decem her 20. 2a33, at 3:00 PM EST If you require additional information, please post a question on our Bid Sync (www.bidsvnc.com) bidding platform under the solicifetion for this project. Pleas¢ sign below and return a copy of this Addendum wltb your submittal for the above referenced aollcitetlov. _ n...a xauy, Pon Myers. PL 33908 Stele of ln[orporaiiom Florida 12/12/2023 Data �,ti Bmail Krisofer.IopazQcolliercountyfl.gov -.O_TIiY_G%OL1HLy Telephone: (239) 252-8375 Procuement Sstviws l7ivision Addendum #5 Date: December 13, 2023 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject Addendum #5 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project The following clarifications are issued as an addendum: Change 1: Revised Bid Schedul¢ uploaded to address Calculation errors. if you require additional information, please post a question on our Bid Sync ( .bidsvnc.coml bidding platform under the solicitation {or this project. Please alga blow and retnra s copy of this Addendum with your submittal For the above referenced solccitation., _ 12/] 3/2023 Date Ketly Brothers, Inu _ (2�iame of FirIIt) rs'l75 Plne RidE xd Fort Myers. PL 339e0 State of Incorporation: Floelda Email: Kristofer.lopezQcolliercountyfl.gov LO 7BY COLI.'Plty Telephone: (239) 252-8375 Procurement Services Oivisipn Atltl¢ndum #6 Oate: December 20, 2023 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum #6 Solicitation #23-8182 — Caxambas Park and Boat Ramp The Following clarifications are issued as an addendum: ChanSe 1 : A�'rR...�.e�s/osi.:g-:R.:o:-oaa..::kxv=s•.r=•.'�2-3�8..�.-.� R B'd 1 d [ D h 28 20't3 `!il 3-(10 PM CST Ifyou require additional infomtation, please post a question on our Bid Sync (www.bidswc cwn) bidding platform under [he solicitation For this project. Pl¢ase sign below and return a copy oP tbis Addeodum with your submittal Yor the above refer¢nced solicib3tior}r ,y_ 12/20/21123 Dete Kall B tlt r .Inc (Name o£Firm) ts��s Fine tuag<aa. FUM1 Myers. FL 33908 Sate of lnmRar+lion: Eloriae C /1 O �O�YCOL1.ir/. Email: Kristofeclopez cr colliercountyfl.gov LlllLLLL ty Telephone: (239) 252-8375 Prowroment Senricos DivLsfon Addendum #'] Date: December 20, 2023 From: Kristofer Lopez, Procurement StrategisC To: Interested Bidders Subjec4 Addendum #7 Solicitation #23-8182 — Caxambas Park and Boat Ramp The following clari£cations are issued es an addendum: ��;rtvrr�sa.aaw.n�-can �.�......�r...�+sr�txv+n�.:-:r...:.>...,s......>..�.:� w<.�. r No Reads: Bid closin dale is now Janua 3 2023 3:00 PM EST Change 2: 23-8182 Bid Schedule Rev3 has been unloaded. 3. Question ffi Answers from Bidsyne are attached with Addendum #'] Ifyou require additional information, please post a question on our Bid Sync (www.bidsvnccom) bidding platform under the solicitation for this project. Please sign below a¢d return a copy oY this Addendum with your submittal for the above referenced solieitntiop. 12/20/2023 Data Kali Brothers Inc. (Name of Pirm) tsvvs pine al ar P.d. Furt Myers. FL ]J908 Sute of incorporetton: Ploride KELLY BROTHERSr xec CGCI519�60 Required Information 15775 Plne Ridge Road, Fort Myers, FL 33908 P: (239) 482-0300 . F: (239) 462-8014 www.kellybros.net �Q T•= cottcctnr No•Ile Br•nning KELLV BIiOT11ERS INC KELLV OAN F_ P 1 SiiS PINE RIDGE AD FORT MYERS, FL 339a8 Dear Business Owner: Local Business Tax Receipt Vour 2023 - 2B24 Lee County Local Business Tax Receipt is attached below for account number /receipt: number: 1B26863 / 12B4211 If there is a change in one of the followinS. refer to the instructions on the back of this receipt. • 8usiness name Ownership Physical location • 8usiness closed This is not a bill. Defach the bottom portion Rnd display In a public location. hope you have a successful year. S(_i�n//c�erely, Q Lee C_o'unty Tax Collector �rL________._______________________.____._________________..._____. .. __..________ _.__________.. .. ..______ zoas-zo2a LEE COUNTY LOCAL BLTSIIVESS TAX RECEIPT Account Numbar: 1B26863 Receipt Number: 12B4211 State License Number: CGCt519']80 Loamion: 14'l']S PING RIDGE RD FORT MYERS, FL 33908 Ii ELLY BROI-IiERS INC KELLV DANE P I S]]S PINE RIUGL' RD FORT MYERS, FL 339DR Account Expires: September 30, 2824 Mo 6v in Jw businnsa of GENERAL CONTRACTOR-CERTIMED Tllly LOCAL BUSINESS l'AX RECEII�I' IS NON RECULATORI' nYm nt Infalm0iom PAtD oP-0O-Olavlxl B9a l/1f11] S SD ee (lA( KELLY BROTH ERSf xnc �-Verify Com puny Infarmu[ion Kaily rl3 rn wrc, lnc 089 90]l� .r R"u19s Nd. Myera 33008 LEL v SB208g5pr2 m mrren uomew vo! IM1eni'sn csW9tlrlov nV41Y 0 Kelly Brothers E-Verify ��Edit Company Profile" Screen 13]]5 Rna Rltlgs R,1 swa 33BOBv 3010 gBm oremnmvaav rcelly emt4n!s Ipe� xnrne Kelly BrWrurm, Inc. SSpEQAL'rY'1'RhUE CONT[YVCI ORS \uurvmn sues naamv ertamm� 0 0 0 15JJ5 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-0300 � F: (239) 482-8014 www.kellybros.net Florida Profit Corporation KELLY BROTHERS, INC. Filing Information Document Number B555t5 FEI/EIN Number 59-2069592 Date Filed 02/20/t980 Skate FL S[atus ACTIVE Last Event AMENDMENT Event Date Filed 09/t 7/20t5 Event Effec[Iva Date NONE Principal Address t 5775 PINE RIDGE ROAD FT. MYERS, FL 33908 Changed: Ot/t3/t 993 Mailing Address t 5775 PINE RIDGE ROAD FT. MYERS, FL 33908 Changed: Ot/73/t 993 R i t d A t N 8 Add KELLY, DANE P, PRES t 5775 PINE RIDGE ROAD FT. MVERS, FL 33908 Name Changed: 02/OB/20t9 Address Changed: Ot/20/t 994 Officer/Director Detail Names 8 Address Title PSTD KELLY, DANE P t5775 PINE RIDGE ROAD FT. MVERS, FL 33908 Title VP, Asst. Secretary, Director KELLY, TRAVIS E t 5775 PINE RIDGE ROAD FT. 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Oelaber 2016) nepenmenl oHM1e Leeaury Request for Taxpayer Identification Number and Certiflcatlon Glva Form to th¢ requester. oo not and [o the IR3. met aavenue 6ervlce � www..ra-go vr�muva m, ... ..,. �._.._ _. Nema (as shown On yow mtgmo lax •slum). Name is mqulrpt on tots Iina: tlo not leave IMa I6+e dank. Kell Brothers, Inc. uamaan name ear¢pOr otl onl ly name.l tli want mm86oW 9 Ghaek appropriate box for fetleral ran elualtlOatlOn of th• person wboee name la enlem0 ¢n Ifne 1, Cneck only one d tM10 9 Ex; eoBam,not InNNewloaaaee tdlOwinO ¢even 4oxea. aVucllona on peBa 3): 6 O IndNleuel/a ola praptlatw or O CCarporatlon ® SGOrporellon O PartnareM1lp OTruaVasleta zempl Peyea cotle tll any) einpla-member LLC 'g� yTj O Limlee0 liability acmpeny. Enlar lM1a lax 0laaeklee\Ion (C=G corparatbn. a.8 eomoraVon. Papa^neraMpl � wN e OI rye al Ovenw. Oo nOl cn mp»on from FATCA mpe^InB e � E Note: CM1Oek Iha aplraprioW box in TO Imo ehma Ior lM1a Vrxclaaai4cwbn ^Bel¢-mamlaa/ LLCItl I •e LrA nolaaHl:e[I m a sin9Nr�membpr LLG rI W l la emoparaW rom l . an osa lha ownw Ol in¢ Ll.c is cues Ul srtl) _ Ior U.8. 1¢Jeral 1¢z pur(gaos. Olhorwl n aingloanembpr LLC that a'� w LLC that la net Ularegareatl Imm the owner ;¢. KtlIerOBoreod lmmth00wnmshouW elwcNlha eppoprlalobOa fcY tNa mz Gnaeltlealiono lla owner. e eM1w {vee InaVuctbnB) � Is Ntl Numoec n<reaq mtb aM. w aulm na.l see Inekuchone. Requeatw'e name ¢ne eaNave tuMlOnOa y 15y75 Pine 12idue Rd. a sly. arse. ann zm poea Fort M ers. FL 33908 T uat aaeoad numvwle) nero (gMkarwU Tax a ®r ldantification Numbor IN Enter your TlN In thB nppropNata box. Tha TIN provkled must match 4ta ne a gNen on Ilru 1 to avcltl 90^ let asawiq numb.• eacurhy mono¢• (SSN). However, fora backup withholding. For IntllvleuelB, tMa Is ganm»Ily your nodal asltlBnl BIIBn, adB pmprlator, or dlBregareatl 0nllty. 6nB [h0 InaVYotlOne br Part I, IaCac Far athBr — 1 ImI annnea, IL is •our employer menmlcenon number (Elrv). n yqu ob no. nose a .•.......e.. Ae..,...._ a_. _ T/N, later. Numabar Ta 6/ve To Raq estartfoe gultlellnae on wnasal numbahto enterne t Also sea Wbaf Narne arW 1. Tha number ahown,onrtMa form la my conact texpvyar Itlenflllcetlo^ number (or 1 em waiting for a numberto ba Issued to me): one 2. 1 am no[ aubisct to backup withholding beoeuaa: (a) I am exempt from backup w@hhdding, or (b) 1 have not been notlllae by the Inlarnnl Ravanua Se iorlgerRsubiad to backulp w1[M1holeing sole holeing as a result of a Tallure to report all Internet ar elvleenea, or (c) the Ifi6 M1ee notifies ma that 1 am 3. 1 am a UB. oltlzan ar bthar U.S. pervon (¢¢flood below): and 4. The FATC:A toes(¢) araaretl an this form (If soy) Indloating that I am exempt Irom FATCA •sporting la correct. Certlpnvtlbn Inetmotlon». You must cross out IteT 8 above If you brave boon notllietl by the IRS 1M1at yuu are cunenlry subject to backup withholtfing bo<ausa 0ou M1nve toile¢ to report Pll lnlorosl dntl tllVktanea on ywr tart ralwn. For reaLealele Vanaectlona. Item 2 eoes nut apply. For mortgage inleroat pets, qulsitton or abandonment o1 seauree property, cencellagon d ¢ebb cunlebullonv l0 an IneNltluol rollremanl artangemanl (IRA), »nd ge^orally, paymvnla Otbar Ihvn InlBl9al »nd eWklenes, you am nIX requlm�tl to slg^ the canlllcallon, but you must provltla your conact TIN. See the Insbucllona Iw-Pan II, IPler. Hign sleaaw.e of �—, 12/I1/2023 Gen®rat InStrUctiOns � •Fo.m toes-olv(mmeBnea, 1^dudng moaB rrom atggka or muual lunea7 Sac[lon referanca6 are tq the Internal Revanua Coda unlasa otherwise •Form t099-MISC (verloua types of Income, prizes, awertle, or gross notae. pro seas) Fulura tlovalop ante. For the late&t Intortnatlan about tlavaloapc vote .Form te96-S (etodt or mutual Wnd salsa and certain other alter they we ®P bllshedt90 to www./rs.gov/FormaW9 orlon an toe hanasotlona by brokers) • Form 1 OBa-S (protases f.Cm reel estate transectlons) Purpose of Form . Fo.m tone-x (merchant tam ens mks partv network baneaohore) An Inelvieuel or entity (Farm W-B requeatar) who la requkae to Ills an • Farm t e9e (home mortgage Intaraery, l D86-E (alueant loan Inter¢at), Inlormatlan return with me IRS must obtain your oorrec[ taxPaYsr tOeB-T (1Wtlan) Ieennflcatlon number (TIN) wMch may ba Your aoalal eacun[y numtaar •Form IOgS-C (oancelae tlebq (SSN). Ineivleuel laxpvysr IdantlllOegon number (ITIN). »doptlon •Form 1099-A (acqulsltlon or abandonment of aeturee property) taxpayer Ieanlilicvllcn number (ATIN), or nmployor Ieanlelcatlon number (EIN)u to loporl qn nt Infom+apon return rho vrnouot pvW to you, or other vll n), to pr da youi Icoirect TN LL5. parson (Inclueing a realeant nt mporieble on -an inlmmauon •¢turn. Examdes of Inbrmauon mW ma Incluea, but are not emits¢ tq the fallowing. k you eo not return Porn W-9 to Ihv raprres[ar w/lh a TN, you might • Form 1099-INT (In[amvf ¢arnetl ar pel[q oafs ublact to betkup w1[nhb/d/n9. Seo Whvt la backup witbboleing, Ne. IOBaIX Ferm Weal lPay. lO-2ma1 (.:��i FORM 9 - B]D HOND THl9 FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVEMON- RESPONISBLE KNOW ALL MBN BY THHSH PRESHNT3, that we Kelly BrMhare, Inc. (hcreln aRer oallad the PNpcipel) and p uranee ompany (herein oallad the 9vmty), a corporation aharnmd end existing under the Iowa of the State of Texas with its principal oflicea in the city of Houato and th izad to do bvaineas in th 81ata oY FI itl era held and firmly bound unto the Collier County Board of Count Commisalonars (hereinaRor called the Owne ), in the full and just sum f t ( f t B'd--- dollars CS --5^/0--- 1 good and lawlbl monry of the Vnitad States ofAmenca, to be paid upon domand eYthe Ormaq tb which payment wall and Only to be made, the Principal end the Surety bind thamsalvea, their fieira, end oxaoutara, administtatora, and asaigna, jointly end severally and firmly by those presanta. Whereas, the Principal Is about to submit, or has submitted to the Owner, a Hid Yor (vmiahing ail labor, metariala, - equipment end incidentals necessary to fltrnish, inatdl, and fltlly complete the Work on the Pr Jeot known as Bid No. 23-g182 Csxambna Park and Baat Ramp Rehebilitntlon Protect NOW, THEREFORE, if the Ownnr shell accept the Hid oY the PIiLNCLPAL and the PRIIJCIPAL shall enter intb the moulted Agreement wiUt the Owner and within ten dsya after tho date of a wdnon Notice of Aw^ 'n in e ccordenw with _ ., ........ .�_ ._._ ��,...a... n.., to nclfietl in the certificates of lnaurance, tttha rturvetrtu. aata++ tpded in <hc Bidding IJoouments, Uten Wis obi as liquidated damages, and not as a penalty, pro + void, otherwise to remain >n (UIl fome and affect. v IN TESTIMONY Thereof, the Principal end Surety have caused these presorts to ba duly '12th day of �acambar 2023. I ... .n ,.. �:.5 Cn0 -y. TOKIO MARINE H G C _. _ _ _ _._ POWER OF ATTORNEY �AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS 6ONDING COMPANY -� +_._`UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE.COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company. a California corporation, Taxes Bonding Company, en assumed name of American Contractors Indemnity Company, United Stales Surety Company, a Maryland corporation antl U.S. Specialty Insurance Company, a Texas corporation (collectively, the "CompaNas"), do by these presents make, constitute antl aPPoinh ._ - -_ Wendy Hingsoh of Fort Myers, Florida � - - itc true antl lawful Patornay(a)-in-faG. each in Chair separate capaGty if more than one is named above. with full power end authority hereby conferretl in its name, place antl stood. lo: execute, acknowledge and doliver any and all bonds, re¢bgnlzancea, undertakings or other Instruments or contraata of aumtyship to in¢luda riders. amentlmenta, antl consents of surety, providing the b¢ntl penalty does not axoeed 'Tan Million••••• Dollars ( •••Efo 000 000.00••• ). TMs Power of Attorney shall expire without further action on January 3Yr, 2024. TUIs Power of Attorney Is grantaA under and Uy authcdty of the following resolutions adopted by the Boartls of Oitectors oT the Companlas: BoYf RasOlv9d. Thal tM1a President, any VICP-President, any A8alsta Dl Vice-Prae[denL any Se¢ratary or any Aasslalanl Sacr Glary Sbelfba end is hereby eslad with full power and authority la appoint any one'.or Mora Bullable pa(e¢na as Attamay(s)-in-Fact to prasa¢D and Ct for and on bahagOf the Company sublact to d,a wupwmg prONelons: Attorney-ln-Fact may be given fW I power antl authority for end In the name of end on behalf of the Compan^, to execute, ecknowla nga and dottier, any end allbonds. r eagnizances, contracts, agreamanls or IndamnllYnand otnar contliflonal or obll9etgry u tlartakinga, lndutling a y antl II eonoanla _ for the relaeae of relalnatl parcamegas ens/or Mal eslimote`s d engineering and COnaWdlon Gonlmcis, and any end all nogcsa nd Cocumenls '. ce0ng or tarmine[Ing the Cbmpany'n liability thereundsq antl any such InsFumant9 ao executed by any such Attorney -In -Fad shall ba_binding upon fhe Company as If signed by iha Prasklanl and sealed and pflecled by the Corporals Secretary. � -� Be /f Resolved, that the algnetura oT any authorized ofFlcer and seal of the Company heretofore or hereafter affixed <o any power of attorney or any certifica<a relating Merelo by femimlla, end any power pf attorney or certificate bearing facalmlle signature or facalmlla seal shall be valid and binding upon the Company with respect to any bond or undertaking to whlcYl It is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to ba signed end their corporate seals [o ba'hareto affixed, this 23'° qay of September, 2021. AMERIC AN CO NTcI2AeCTOR3^NOEMrMTY COMPANY TE%AS BONOIN6 COMPANY _ .� c�-v canon a. SPECIALTY INSURANCE COMPANY CcuntYf of aLos Angalas �<: �� / F ��1 l 73`!['�� gy; �J�� /�—�— '' Y 'F "" Denial RAguilaq Vice President A Notary Publ/c or other afNcer completing thfs certilfcafe varlf/as only fhe /denfity of the fnd/vJduaf who slgned'lhadocument fo wh/ch this certiflcata Is eMaehed. and not fhe Uufhfdlnass, ac Y !ld'IY f th f document - On lhta 23rd day of Septainbac, 202t, before me, D. Llitlefield, a ndtary public, personally appeared Daniel P. Agullan vice Presitlent of American Contractors Intlamnity Company, Texas Bonding Company, United States Surety Company end U_S. Specially Insurence Company who proved to ma on Iha basis of satistadbry evidence to be the person whose name is subscribed to themlthin instrument and acknowledged lb me that ha axacutstl the same in his authorized capaGly, and that by his signature oa the Instrument the person, or the entity upon behalf bt which the parson adad:. exacutetl the Instrmnenl. 1 certify under PENALTY OF PERJURY under lha laws of the State of California (hat Cho foregoing Paragraph is true and correct. WITNESS my hand and oftt l I seal. � Nrc�ry� O1rrc.�eo.z� .m cou .o SlgnalUra � (seep' � - hpl Ln n>,MH 1, Kio Lo, Assistant Secretary o American Contractors Indemnify Comps y Texas Bonding Company, Uniletl Slates Surety Company antl U.S. Specialty Insurances Company, do hereby certify that the abvya end foregoing Is a true and correct copy dfa Power of Attorney, executed by said Companlas, which is still In full force and affect; furthermore, the resolutions of the BnsrsYc; �l Dtrectora. sat out In the Power of Attorney era in full force and effect ., ,1,�\I ;��a r 9• In Itnass Whatrigf, I Uave herapnto sat my�nana •glnd affixetl the seals of said Companies at Lq,B ��ele n�>i�f�Ygiia't(111s 1111 tlaY of 1)� M l'2g 1 �_.i%l� � �. }4P�c Corporate S�alaa 1� y+ ... a_^ � •. 'a \ ..¢y:t � � l � ::t T ){j�� Bond No. 2 3p/ �/.,�rp �i �q� s �� SrpN/4 4@`�' ! KIo �i'L A 1 B�dfnt ry . Agency No. tJ034 M .'� W ,... :..d' *........... "++.. .... .+.' .hr )a- •.+ NrZrr,; tneel?3'r� ' nevaxrnrvnaw.on�eozf vlalt tmhcc.com/surety for more Infarmellon �� EXHIBIT A-3• CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Parson nel Catecory Dane Kelly President Travis Kelly Construction Superintendent Jake Kinnear Project Manager William (Bob) Horner Site Superintendent io ConatruUlon Ssrvices HgreamanF. [2023_wc2] <,no �I IN6TR 6508400 OR 6330 PG 266 RECORDED 2/t 5/2024 8:55 AM PAGES tt CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIOA REC $95.00 EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 1001 196 568 Contract No. 23-8182 KNOW ALL MEN BY THESE PRESENTS: That Kell Brothers, Inc. as Principal, end peCla tV nBUran Ca C mpanV a6 Surety, located at +�^^'� ^I^-*r-•^•�=f Fr=� y�l-1 tsfnn T•o.� _ �>nan (Business Address) era held and firmly bound to Collier County as Obligee In the sum of "' Sea Below ($ 2.735 926.67 )for the payment whereof wa bind oursalve6, our hairs, executors, personal raprasantativas, successors and assigns, jointly and severally. 'Two Million Sayan Hundred Thirty Five Thousand Nina Hundred Twenty Six and .67/100 WHEREAS, Principal has entered into a contract dated as of the day of 20 Wltil Obilga0 fOr Cazambas PaNc and Boat Remp Rabebllltatlon Bltl No. 238t82 in accordance with drawings and spaciffcation s, which contract is incorporated by reference and made a pars hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND Is that if Principal: Promptly makes payment to all claimants as defined In Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or Indirectly by Principal in the prosecution of [ha work provided for In the Contract, than this bond is void; otherwise It remains In full force. Any changes In or under the Contract and compliance or noncompliance with any }ormalitiae connaetatl with the Contract or the changes do not effect Sureties obligation under this Bontl. Tha provisions of this bond era subject to the time limitations of Sactlon 255.05(2). In no avant will the Surety be liable in the aggregela to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may ba filed by claimants. IN WITNESS WHEREOF, the above parties nave executed this Instrument this nth day of February 2024 ,the Hama of eacn party being affixatl and [base presents duly signori by its under -signed representative, pursuant to authority of its governing body. tt t'hr; cnnal,ncupn servl�as Aaraemam: [aoz3_,rer.z7 Slgned, sealed and delivered in the presence of: PRINCIPAL Kelly Brothers Inc. QAly(f! L BY: Witnesses as to Princi al NAM E: �e�� ITS: Pre 'dent STATE OF Florida COUNTY OF Lee Tha foregoing instrument was acknowledged before me by means of ®physical presence or O online notarization, this 8th day of February __ �__ 2024 by [a[te an Darn. My Commission Expires: r'z-1�`T p/1NIEr r v IORBY Notary Pubec Stale of Florida nATTH HH4�5968 Expires 12/26/2n2� (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety to and did (did not) frh� (Signature of Not`a/ry Public) NAME��os�.e-iin_ tom. rle../ (Legibly Printed) Notary Public, States of Fio ri ot� Commission No.: t-7tk� UZ�Q V $ SURETY: (Printed Names) (Business Address (Authorized Signature) (Printad Names) tz Conelrucllon Sarvlcas Agreement' Izo23_vec21 OR As Attor In Pact ' �� (Atta Power of Attorney) Wendy Hingson Attorney -In -Fact and Lt�S�'s (Printed Names) Floritla Resident Aganf VTC Insurance Group 6920 Porto Flno Circle Su'ta 2. Fo—fr IOIYeTs, FlorlrTa ��$�� (Business Atltlrass) (239) 2')6-8226 (Telephone Number) STATE OF Florida COUNTY OF Lae The foregoing Inatrumant was acknowiadgad before ma by moans of O physical presence or � onlin6 notarization, this nth day of February 2024 by Wendy Hingson as AltorneY-In-Fact to Ka an Oaln. My Commisaion Expiras: NOlary Publlo State o/ FloelOa oaw m on:o My Gomm16a100 NN 38<O]5 (AFFIX OFFICIAL SEAL) 9 Houston, Texas COrpofatlOn, on personally known to ma OR has produced as itlantificalion and ditl (did not) (Signature of Notary Public) Names: Dawn M. Onzo (Laglbly Printed) Notary Public, State of: Florida Commission No.: HHa9aOT. t3 Conelructlon SaNlcea AgreGmenC [2023_vec2J ! " 11 j EXHIBIT B-2� PVBLIC PERFORMANCE BONG Bond No. toot t96 56a Contract No. 23-St62 KNOW ALL MEN BY THESE PRESENTS: as Pnncipal, es o was reaway, ouaton, axes 77040 That Kelly Brothers, Inc. and U. S Specialty Insurance Comoanv surety, located at to of (Business Address) era held Collier County and firmly bound as Obllgea In the sum _) for the payment whereof we bond ourselves, our hairs, executors, personal successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated es of the day of 20 with Obliges For C b P k d B t R R h b'1't t' B'd No. 23-8162 in accordance with drawings and specifications, which contract Is Incorporated by reference and made a part Hereof, and is rafarrad to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: t. Pertorms the Contract at the limas and In the IT ennar prescribed In the Contract; and 2. Pays Obllgaa any and all losses, damages. costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of ail work and materials furnished under the Contract for the lima specified In the Contract, than this bond is void; otherwise It remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. Tha Surety, for value received; hereby stipulates and a9 reas that no changes, extensions of time, altaretiona or additions to the farms of the Contract or other work to ba performed hereunder, or the apaciflcations rafarrad to therein shall in anywise affect its obligations under this bond, and It does hereby waive notice of any such ch angers, extensions of time, alterations or additions to the [arms of the Contract or to work or to lha specifications. This instrument shall be construed In all respects as a common law bond. It is ax prassly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In na avant will the Surety ba liable in the aggregate to Obligee far more than the penal sum of this Performance Bond regardless of lha number of suits that may ba filed by Obliges. IN WITNESS WHEREOF, the above parties have executed this instrument this 7th day of February 20 24 the Hama of each party being affixed and these presents duly signed by its undersig Had raprasantativa, pursuant to authority of its governing body. 14 ConarruGlon Services Aamamanl (Y023ysc27 Signed, sealed and daliveratl i a -presence oP � � Witnesses as to Prii cipal STATE OF Florida COUNTY OF Lee PRINCIPAL Kelly Brothers Inc_ BY:��- - NAME: Dane Kell ITS: resident Tha foregoing instrument was acknowledged before ma by maens of ®physical presence or O online notarization, this 8th day of F b � 202 y._—, by Dane Kall as s'�' t o{ e y rot ers nc. Y a FI ida corporation, on behalf of the corporation. Ha/she is `Personally known_ tc me _OR has produced as i ,art ficatlon and did (did not) take an oath. My Commission Explras: t"�-1'�-r^1�-^ /' it'� (SignaTture of Notary Pu`/blic 1 - U.1{YIEIJi ga6v Y� :t��¢- F--t rbM '* Notary NWM Name: � stnawwada. ComrM HN4]5966 (Legibly Printed) Expires 11/36/2p27 (AFFIX OFFICIAL SEAL) Notary Public, Stata�u4�{c Commission No.: is Conairudlon Sarvicaa AgreamanL [aD23 wc21 � .' ! ': ATTEST: Witnesses as to Surety .� � _ _s_� —.� _ Witnesses SVRETY: U.S. SPECIALTY INSURANCE COMPANY (Printed Name) '13403 Northwest Freawa ous on, axes (Business Address) (Authorized Signature) (Printed Name) OR As [orna act �/ (Attach P war of Attomey) Wendy Hingson, Attorney -In -Fact [Printed Nema) C Insurance Gr1oLupt -F82 Yi"101 a� or a 333� Suita'f— (Busineas Address) (239) 275-8226 (Telephone Number) STATE OF Flonda COUNTY OF ea -ryy,., IF. xr Here Tha foregoing Instrument was acknowledged before me by means of � physical presence or O online notarization, this 7th day Of February 2024 by Wendy Hingson a9 Attornav-In-Fact _. .. c c___. _,... ,...,..,......., r-..._...�..., a Houston. Texas corocretion. On N/q ea id entiflcation and did (did not) take an oath. My Commission Expires: (/� �� t K � V� L�Ya^ J (Signature of Notary Public) Nolery Public Stara of FIONOa oaw IM on=a Dawn M. Onzo ar fay commission NN aesors Expires e/f /202] La ibl Printed ( 9 Y ) (AFFIX OFFICIAL SEAL) Notary Public, States of: Florida Commission No.' HH394075 [0 ("AO Conalrudlon Services AgraemanL [202a_vec2l TOKIO MARINE H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BV THESE PRESENTS: That American Contractors Indemnity Company. a California corporetlon, Taxaa Bonding Company, an assumed name of American Contractors Indemnity Company, Vnitad States Surely Company, a Maryland corporetion and U.S. Specialty Insurance Company, a Texas corpora[lon (collectively, [ha "Companies"), do by these presents make, constitute and appoint: Wendy Hingson of Fort Myers, Florida Its true and lawful Attorneys) -in -Tact, each In their separate capacity if more than one is named above, with full power and authority hereby conferred in Its name, place and stead, to execute. acknowledge and deliver any and all bonds, recognizancea, undertakings or other inatrumanta or contraeta of suretyship to Include ridero, amendments, and consents of surety, providing tM1e bond penalty does not exceed • '•Tan Mllllon••••` Dollars ( "'St0.000 OOD.o0••• ]. This Power of Attorney shall expire without further action on Jenuery 3t•t, 2024. TFais Power of Attorney is granted under and by au[hoNry of iha following resclutions adopted by the Boards of Directors of the Companies: Be it RasoNed, that the Preaitlant, any Vice-ProsWant, any Asalatent Vlca-Prasldan; any Secretary or any Assistant Secretary shall be and Is M1araby v¢atetl wl[h Tull power end euthonly to appoint any one or more suitable persona es Attomay(s)-In-FBU to rapraBanl antl act for and on behalf of iha Company subject to the Tollowln9 provlslons: Atfomay-In-Fact may ba gluon Tu11^ ower antl authority for antl In the name of antl on behalf of the Companry, [o execute, acknowledge antl dalivaL any and all bonds, recagnizancea, co tracts. agreements or Intlamnily and other Conditional or obligatory u dartaklnag^, including any end all consents for the release of retained percentages end/or final estimates on engineering and consbucflon contracts. antl y end ail nokcea and dacumants caling or tarmlOating the Company's Ilablllly [haraundeq antl any such Instruments 8o executed by any such AHomay-in-Fact shell ba binding upon the Company e6 if slgnad by the Prasldent and sealed antl akectad by Lha Corpomta Secretary. Ba If Resolved, that tba algneture oT any authofizetl officer antl seal of iha Company haratofom or M1areekar afrlxed to any power Cf attorney or any certificate relating thereto by facslmlle, antl any power of akornay or cartlflceta baaring facsimlla signatures of fecalmlla seal shall be valid and binding upon the Company wl[h respaU to any bond Or undertaking to which It Is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signetl and their corporate seals to be hereto affixed, this 23'° day of September, 202t. n MERtCAN CONTRACTORa INDEMNITY COMPANY TEXAa BONDING COMPANY State of California `� �� +'� -` � T 11� o e ¢ T 'tom C _ 1/ l/ Z County of Lca Angalas b' a� � � f c.x�f`.'�` +%.atYe*" „„�.�� „„,w.:"' „y Oaniel P. Aguilaq Vlca President A Nofery Pubtic or other ofhcar comp/eNng this cart/1/cata verifies onty the identity of Eha lnd/vtdua/ who signed the document to h' h thi dK t tt cla d d [ [h t thfu/ l/d/t f fh t d t On this 23rd tlay of September, 2021, before ma, D. Liltlekald, a notary public, personally appeared Daniel P. Aguilar, Vlca Prasitlan[ of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proyatl to me on the basis of satisfactory evidence to ba the person whose name is aubscrlbed to the within instmment antl acknowledged to ma tM1et ha executed the s me In hie authorized capacity, and that by his signature on Na instrument iha person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct. o. w Travrrto WITNESS my hand and oHi 1 1 seal. � voar_q ei ur•..a� Signature (a ap m�os*�.a' ar, zeu I, Klo Lo. Assistant Secretary o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above antl foragoing is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still in full force and affeck furthermore, iha resolutions of the Boartls of Directors, sat out in the Power of Attorney are in full force and effect. In Wi ass Whereof, 1 ay hereunto sat my hantl ntl affixed [he seals of said Companies at Los Angeles, G:alifotrJa this _day off/// �� Coornorata Seal (/ y+`-.,` � ....,. ..�. (/�.,...,......ry"� B d No. /Gb/ /4( .r .Q Ce i l �\��:4 f�l��V�(y!'A�l, A nc No. tT084 � ` ;"� '?r�� -��w �s j Kio Lo, Aasl9aarR Esc a erY -- MCGSMTNPOPL\Y 30T visit tmhcc.com/surety for more information February 7, 2024 Collier County Board of County Commissioners 3295 Tamlami Trail East Naples, Florida 34112 Re: Kelly Brothers, Inc. Project: Caxambas Park g<Boat Ramp Rehabilitation Bond No.: 100119656g To Whom It May Concern, Please use this letter as authorl2atlon to dace th¢ above referenced Pertormance/Payment Bonds on behalf of U. 5. Specialty Insurance Company. If you have any questions or concerns, please do not hesitate [o contact me. Sincerely, dy L. Hingson ttorney-In-Fac[ State of Florida county of Lee The foregoing instrumenx was acknowletled before me by means of Physical presence, this 71^ day of February, 2024, by Wendy Hingson, as Attorney -in -Fact of U.S.Specfalty Insurance Company, a Houston, T¢xas corporation, on behalf of the corporation. She Is personally known [o me and did not take an oath. �i ��.�.. �. � 1 <Slwgna2ure of Notary Publ� Nole,y PUGIIo alele of Flontle Notary Public, State of Florida ovwn M onzo Commission No.: HH394075 1111 My eommisaloe RN es4ora ExPlrec an Re29 ConRd¢ncc. For Wh�il 's Nert."' PO R'1" MY)iR9 UDf1U8 6620 PORTO F'INU CIRCLE. 5VIT8 2� FORT MYHRS. PL J39)2 1' 239.295.a226 P 239.205.8830 VTC February 7, 2024 Collier County Board of County Commissioners 3295 Tamlami Trail East Napl¢s, Florida 34112 R¢: Kelly Broth¢rs, Inc. Protect: Caxambas Park 8a Boat Ramp Rehabilitation Bontl No.: 1001 196 568 To Whom it May Concern, Pleas¢ use this letter as authorization fo date the above referenced Performance/Payment Bonds on behalf of U. 6. Specialty Insurance Company. If you have any questions or concerns, please tlo not hesitate to contact m¢. Sincerely, dy L. Hingson ttorney-In-Fact State of Florida County of Lee The foregoing instrument was acknawleded before me by means of Physical presence, this 7'^ day of February, 2024, by Wendy Hingson, as Attorney -in -Fact of U.S.Speclalty Insurance Company, a Houston, Texas corporation, on behalf of the corporation. She Is personally known to me and did not take an ^oath. Mgg 3t � -_ ure of Notary Pubii Nalary PUOIIc Blale of ilo,iGa Notary Public, States of Florida Dawn M onzo Commission No.: HH394O75 III My comml¢elan NN 3s<o>H Expi108 9/1@02] Confidence. fbv- What's Next "' FO R'1' MYP.1[tl V YPIr:N 6820 FORTO PINU CIRCLE. SUITE 2. FORT MYERB. PL 33012 - P 2J9.295.H226 f 299.2]S.88J> VTC February 7, 2024 Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, Florida 34112 Re: Kelly Brothers, Inc. Project: Caxambas Park 8< Boat Ramp Rehabilitation Bond No.: 3001196668 To Whom It May Concern, Please use this letter as authorization to date the above referenced Performance/Payment Bonds on behalf of U. 5. Specialty Insurance Company. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Wendy Hingson Attorney -In -Fact State of Flol'ida County of Lee Theforegoing instrument was acknowleded before me by means of Physical presence, this 7°` day of February, 2024, by Wendy Hingson, as Attorney -in -Fact of U.6.Spe<la lty Insurance Company, a Houston, Texas corporation, on behalf of the corporation. She is personally known to me and did not take an oath. Singnature of Notary Public (� Notary Public, State of Florida Commission No.: HH394O75 uo[a.y Puenc stele of Flo.me Oaw M OnzO 11 My COTTIeeIOn MM 3990'/6 Expires 9/t/2027 Confidence. For Wh¢t's Next. "' I�OICr M V L325 OPPICl! 6820 PORTO PINO CIACLE� SUITE 2, FORT MVEAS� PL 33912 I' 239.2]5.8226 P 23R 29i8tl39 EXHIBIT B-3: INSURANCE REQUIREMENTS Tha Contractor shall at its own expense, carry and maintain insure nca coverage from responsible companies duly authorized to do business in the States of Florida as sat forth in EXHIBIT B of this solicitation. Tha Contractor shall procure and maintain property insurance upon the entire project, it raq uirad, to the full insurable value of the scope of work. Tha County and the Contractor waive against each other and the County's separate Contractors, fJasign Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property Insurance provided herein, except such rights as they may have to the proceeds of such insurance. Tha Contractor and County shall, where appropriate, require similar waivers of subrogation from the Cou nty's separate Contractors, Design Consultants and Subcontractors and shall raq uire each of them to include similar waivers in their contracts. Collier County shall be responsible For purchasing and maintaining its own liability insure nca Certificates issued as a result of the award of this solicitation must identify "For any and all work pertormad on behalf of Collier Gounty'", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meat the requirements of this solicitation shall Hama Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a saverability of interests provisions. The Certificate Holder shall be Hamad as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. Tha Certificates of Insurance must state the Contract Num bar, or Project Number, or specific Project description, or must read: For any and all work partormed on behalf of Collier County. The amounts and types of insu ra nca coverage shall conform to the minimum requirements sat forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or dacJuctiblas under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or dad ucti tiles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will ties Contractor's sole responsibility. Covarage(s) shall be maintained without interruption from the date of commencement of the Work until the data of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. Tha Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. Tha Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after racei pt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to ties provided by Contractor herau nder, Contractor shall immediately take steps to have the aggregate limit reinstated to The full extant perm ittad under such policy. Should at any time the Contractor not maintain the insurance covarage(s) raq uirad herein, the County may terminate the Agreement or at its sole discretion shall ties authorized to purchase such coveraga(s) and charge the Contractor for such coveraga(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 1v Construction Sarvlc¢s Agreement [21123_wr2] C, Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the covarage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages) shall in no way ba construed to ba a waiver of any of its rights under the Contract �ocumants. If the initial or any subsequently issued Certificate of Insure nca expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Cartificate(s) of Insurance not later than ten ('I O) calendar days after the axpiratlon data on the certificate. Failure of the Contractor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. to Conatrudlon Services Agrearnant [2023_vac2] c 7A0 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before ma, the untlersignatl authority, personally appeared being tluly sworn, deposes and says: after ('I) In accortlance with the Contract Documents and In consitlaralion of $ to be received, ("Contractor") releases and waives for itself entl it's subcontractors, matarial- man, successors entl assigns, all claims tlemantls, tlamages, costs entl expenses, whether in contract or In tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the partormance of the Agreement between Contractor and Owner, datetl ,20 for the period from [o . This partial waiver and release is contlitionetl upon payment of the consitleration tlascrlbetl above. It is not effective until saltl payment is received In paid funds. (2) Contractor certifies for itself and its subcontractors, malarial -man, successors and assigns, that ali charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might ba sued or for which a lien or a tlemantl against any payment bontl might ba Tiled, shell ba fully satisfied entl paitl upon Owner's payment to Contractor. (3) Contractor agrees to intlamnify, defentl entl save harmless Owner from all tlamands or suits, actions, claims of liens or other charges flletl or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Raleasa entl Affidavit. (4) This Release and Affidavit Is given in connection with Contractor's [monthly/Foal] Application for Payment No CONTRACTOR Witness STATE OF COUNTY OF ITS: _ DATE: Prasitlant [Corporate Saal] Tha foregoing tnstrumant was acknowletlgad before me by means of O physical presence or O online notarization, this _ day of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to ma OR has producetl as itlentificatlon entl tlitl (tlitl not) take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, States of (AFFIX OFFICIAL SEAL) Commissioner No.: t9 ConsbUcflon Services Agreement [2023_vog2] � t ExHlBlr D FORM OF CONTRACT APPLICATION FOR PAYMENT Co//tar Count Board of Count Commissioners the OWNER ar Co!/tar Count Water -Bawer OwnaYs Project Mena eYs Nama: Bid No. Pro act No. Count 's Division Name Purchase Order No. Submitted by Contractor Re resentative: Name Application Date: Contractor's Name & Atltlress: Payment Application No. Ori final Contract Time: Ori final Contract Price: $ Revised Contract Time: Total Chan a Orders to Data: $ Revised Contract Amount: $ Total Value of Wor1< Completed & Storetl to Data: $ Re[ainage @5% through Insert Data $ Retainage @ 5% through [Insert data $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Lass Rataine a $ Less revious a ment s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Tlma Com leted to Data: % Liquidated Damages to Be Accrual $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (t) all previous progress payments received From OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obll9atlona of CONTRACTOR incurred in connection with Work covaretl by prior Applications Tor Paymanl numbered 1 through Inclusive; (2) title to all materials antl egWpmant Incorporated in saltl Work or otherwise listatl In or covered by this Application for Payment will peso [o OWNER at time of payment free and clear of all Ilans, Gaima, security Interests end encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have bean paid For work which previous payments were isauad and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above raferancatl amourH any claims for unauthorized or chen9etl Work chat has no[ been properly approved by Owner in writing end In ativance of such Work. on[mctor's Nama on[mctors Signature: Data: ype Title: - ShaO ba signed 6y an authorized ra rasenfative of the Contractor. Pa mares to the CONTRACTOR for the above AMOUNT OUE TR13 APPLICATION is recommended b Design Professional's Name: igne[ure: Date: Pa moot to the CONTRACTOR for the above AMOUNT DUE TNIS APPLICATION la recommended b wnara Project Manager ama: Ignatura: - Date: 20 Construction Services Agreement [2023_ver.2] eXMIaITo cennnuae 8CHEOYLE OF VALUEB Prolact rvama. mp¢ wumbar. anoe m: ------------- ------------- ------------- atlon iaa tna [w¢ columns untlas Previws AppllcaHms: Tne TM1Y'u Oete Is whma you will plain all In(oamatlbn un[II the conVaa Is complete anbsa a rcleasa orretlucllon ¢f nags Ixnue comes Into play. If this happens ell ln(oamatlon up tome tla[e of [ne %Nanga In retalnage Ix plewa in the Thry nMe column. Inionnation aRer that Oate Ia placetl I� m¢ since Data xalamn. Tins st.<aa wnx nos napv¢nea smta ma [Hang¢ m renmag¢. zt Conatrudlon Sarvicea Agreamant [2023y�r.�t-� Exhibit U (Continued) Stored Materials RecoM A B C D E Date Deacrl lion Su Iier Invoice Number Previously Received Received Thia Period Previously Installed Installed This Period Balance To Install z2 Conalructlon 3arvicas A®ra¢mant [2023_vac2j C A� EXHIBIT E: CHANGE ORDER CO�Licv C_Ouxby Procurement sBMcea Change Oltle! Fotm (� Con[reat MoglB WtlOc (] WOIk OrGar Motl1110 atlon ConVaet H: � CFaagB #:� PurcM1aae Oftj a! #: PrOleaf Y: Conba der/Flan Nama: Contraet/P fOfBOC P rojod MHOegar Neme: Dlvlalon Nama: Current HCC Approwtl N otica to Procaetl Data B of 09yc AtlJatl Total eel Date; Agantla Item # �Eapi/BHon Deta (MastaQ (tour OliBlnal Amount .�uirent BGG Appmwtl Amount Orlglnal Lest Appmwtl RM(aBtl Data Gomplatloa Oats OaN (Induaea Nla cM1enpe) 9elaet TaaNB 0 Atltl naW 4Bk(e) � OBlpta taeN(a) � Obanga tack(¢) 0 Othe! PreparBtl by: Data: (PmIHOt Manager Name antl DIVI¢lon) taaim erq condNlona eeConlarylnatl Inalhe cool acrel / wo kfOrd el�lntllcatad aboww ea lulY a1B II the eaniB ware slalad nt Mn�ecdaplanca. Tha Daelpn ProfHHebrmtl erl¢1n80urt o(o aicllektl llo lha CaeloBBoae'lfar(h hlamin `Indualno Walmal brlmpHCt ntl tlalay CO/ata�gw/COnautlent/ AccePtatl by: _ '"' (COOtrH etorJ VeOtlW / Gonaultant / Dealpn Prof%e�ooal antl Name o! Fbm, it prajed appllWblc) AccaptBtl by: Dale: (DealgO ProfacelOnal HnC Nama of FI/m. I( purls¢[ appll[`sble) APPPovetl by. D®b" (Dlmslon Direoror or Daalgnaa) APProvetl bY: Oat@" (Pmcurament ProlasalOnHl) 1 �...,�.�.<�. o:. w,.n..l unw�nn,.m.,B..nnv�n��. auawen<I mgnawmB n,n mows.. va a<no..te ¢na�m �, °''" 23 ConsVuctiOn Sarvlca6 AgreamonF {2023_vBG2] ('.AU Chanoe Order/Amendment Summary CO# ninon OescrloUo^ S�Q 2 TEE JusLflca[lon AtldRiva oaaucn..a Ohs Naw mo aco:am- ov,4rzo2i (oiw.�an�,•mn mar reyn�re �,nronm .riynan,rea may �n�mee nn anr,a.am >nca,.) qP u 24 Cone:ruCllon SarvlcaB AgreamanT. [2023_ �s(�fJ _, / C EXHIBIT F� CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to th¢ following specified parts thereof: To And To S ubstantlal Completion is the state in the progress of the Work when the Work (or daalg nested portion) Ia sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its Intended use. The Work to which this Certificate applies has been inspected by authoriz¢d representatives of OWNER, CONTRACTOR ANO DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SV BSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all -Inclusive, and the failure to Include an item in it does not alter th¢ responsibility of CONTRACTOR to complete all the Work in accordance with iha Contract Documents. The It¢ms in th¢ tentative list shall b¢ completed or corrected by CONTRACTOR within days of the above tlate of Substantial Completion. Th¢ responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Conalrocllon Services AgreamanF [21123_vac2]y C: �1� �]09.Id-A CONTRACTOR The following documents are attached to antl made a part of [his Cartlficate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a r¢lease of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20 Design Professional BY: Type Name and TiSla CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR BY: Types Name and Title OWNER accepts this Certificate of Substantial Completion on 20 BY: Type Names and Title 20 26 Cons[rpc[ion Services Agreem¢nt' 12023_ er.2] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Data: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of [ha Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Tima as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO �. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to [his form). e. Certifcate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: i O. Consent of Surety received on � �. Operating Department personnel notified Project is In operating Phase. '12. All Spare Parts or Special Tools provided to Owner: � 3. Finished Floor Elevation Certificate provided to Owner. t4. Other: If any of the above is not applicable, indicate by N/A. It NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional: Name) (Signature) (Typed Name &Title) (Firm Name) (Signature) (Typed Name 8. Title) By Owner: (Daps rtment Name) (Signature) (Name E. Title) z� Conatmdlon Services AgteemcnF. [2023,_,var`2] EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the Intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to ba constructed in accords nca with the Contract Documents. Any work, materials or aq uipment that may reasonably ba inferred from the Contract Documents as being required to produce the intended result shall ba supplied whether or not specifically called for. When words which have a well-known technical or trade meaning era used to describe work, materials or equipment, such words shall ba interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference ba specific or by Implication, shall m¢an the latest standard specification, manual, coda, law or regulation In effect at the time the Work is performed, except as may be otherwise specifically stated harai n. 1.2 If before or during the pertormanca of the Work Contractor discovers a conflict, error or discrepancy in the Contract Docu mants, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other Information Known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extant of Work and are not intended to s¢rve as shop drawings. Specifications era separated into divisions for convenience of reference only and shall not ba interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the avant of a discrepancy between or among the drawings. specifications or other Contract Document provisions, Contractor shall be req uirad to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentio nod, all anchors, bolts, straws, fittings, fillers, hardware, accessories, trim and other parts raq uiretl in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Docu mants. 2. INVESTIGATION AND UTILITIES. 2.1 Subj¢ct to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surtaca conditions; nature and quantity of the surtace materials to ba an cou ntarad; subsurtaca conditions; equipment and facilities needed preliminary to and during pertormance of the Work; and all other costs associated with such performance. Tha failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its rasponsibilitias to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional lima or compensation. zs ConaVucllOn SBrvlcea Agr¢amOnF [2023_vac� ��, � 2.2 Contractor shall locate all axi sting roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schad ule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coord inatad by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions era encountered at the Project site which era (i) subsurface or otherwise concealed physical conditions whioh differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially From those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the farms of the Contract Documents, than Contractor shall provide Owner with prompt written notice thereof before conditions are distu rbetl and in no avant later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an Increase or decrease in Contractor's cost of, or time required for, pertormance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or lima for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its invastig etiva services, and that no change in the farms of the Agreement is justiFad, Owner shall so notify Contractor in writing. stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days affar Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure sat forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.'I The Contractor, within ten ('10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Tima. Tha Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall ba updated monthly by the Contractor. All monthly updates to the Progress Schedule shell be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Pay mant noted below. Tha Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obltg ation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances than in effect. Unless otherwise specified, work will generally ba za consvucuo� Services AgreamenL [2023_vac2] � (��(� limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be partormed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.'I Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manag ar, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall ba used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a com plated copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and matarialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. Tha first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Data. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit Its invoice for any required Pay mant and Pertormanca Bonds prior to the first Application of Payment provided that Contractor has Furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or aq uipment that have not been incorporated into the Project. If payment is raq uestad on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall ba accompa Hied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and eq uipmant free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements tc protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timaframas set forth in Section 2'18.735 F.S., the Project Manager, or Design Professional, shall either: ('I) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 2'18.735, F.S. and the ad ministrativa procedures established by the County's Procurement Services Division and the Clerk of Cou rt's Finance Department respectively. 4.5 In the avant of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and ra-submit the Application for Payment. The Owner shall, within tan (10) business days after the Application for Payment is 30 Cons[rudion Services A9faeTenT [2U23_vap2] C_ ],� stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold ratainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. Tha foregoing does not prohibit Owner from withholding ratainage at a rate less than five percent (5 %) of each monthly progress payment as -otherwise allowable under Section 255.078, Florida Statutes. Any reduction in ratainage below the maximum amount sat forth in Section 255.078, Florida Statutes, shall ba at the sole discretion of the Owner. Such ratainage shall ba accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on ratainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way Imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, In the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are than due and payable by Owner with respect to the currant Application for Payment. Further, to the extant directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has bean paid in full through the previous month's Application for Payment. Tha Owner shall not ba required to make payment until and unless these affidavits era furnished by Contractor. 4.9 Contractor egress and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schad ule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the lima of pay mants to Contractor as set forth in the approved Project Funding Schad ule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work partormed under this Agreement, Contractor shall continua to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.'I 'I Payments will ba made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after co mplation of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Times shall ba deemed of the essence with respect to the timely submission of invoices under this agreement. 4.'12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. Tha County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Conatmctbn Services AgreamanT [2023_vao2] <._ �� 7 6. PAYMENTS WITHHELD. 5.1 Tha Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsaq uently discovered evidence or subseq uant inspections that reveal non- compliance with the Contract Documents. Tha Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other ag reamant between Owner and Contractor, to such extant as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence Indicating probable filing of such claims; (c) failu ra of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (tl) reasonable doubt that the Work can be com plated for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not ba completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expanse. Provided however, in the event of an emergency, Owner shall not be raq uirad to provide Contractor any written notice prior to rectifying the situation at Contractor's expanse. Owner also may offset against any sums tlua Contractor the amount of any liquid atad or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor antl Owner. 5.3 In instances where the successful contractor may owe debts (Including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services partormetl of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall ba defined as any Parent or Subsidiary of the Company antl any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, d iractly or indirectly. B. FINAL PAYMENT. - 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the atl ministrative procedures established by the Gounty's Procurement Services Division and the Clark of Court's Finance Department after the Work is finally inspected and accepted by Project M onager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have fu rnishad Owner with a properly executed and notarised copy of the Ralaase and Affidavit attached as Exh'b't C, as wail as, a duly executed copy of the Surety's consent to final payment antl such other documentation that may ba required by the Contract Documents and the Owner. Prior to release of final payment and final ratainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a raprasantativa copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construdlon Servlcea Agreement [2023_var.2]C n(� those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in Its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall ba deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the lima of final inspection. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and sampias. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient lima to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is i ntandad to establish the type, function and quality raq wired. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may ba accepted by Owner if sufficient Information is submitted by Contractor to allow the Owner to d etermina that the material or eq uipmant proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not ba accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately partorm the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on lima, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in con naction with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will ba identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall ba considered by the Project Manager in evaluating the proposed substitute. Tha Project Manager may raq wire Contractor to furnish at Contractor's expanse additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or proced ura of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or proced ura of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or raq wired by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 CAO Construction Services AgreamenC [2o23_var.2] 7.5 The Project Manager shall ba allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall ba evidenced by a Change Order, a Work Directive Cha hga, a Field Order or an approved Shop Drawing. Tha Owner may require Contractor to furnish at Contractor's expanse a spacial partormance guarantee or other surety with respect to any substitute. Tha Project Manager will record Lima required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILV REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding weak in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1 .1 Weather conditions showing the high and low temperatures during work Flours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1 .2 Soil conditions which adversely affect the Work; 8.1 .3 The hours of operation by Contractor's and Sub -Contractor's personnel; 6.1 .4 Tha number of Contractor's and Sub -Contractor's parson nal present and working at the Project site, by subcontract and trade; 8.1 .5 All equipment present at the Project site, description of equipment use and designation of lima equipment was used (specifically indicating any down lima); 8.1 .6 Description of Work being partormed at the Project site; 8.1 .7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1 .1 O Any problems that might impact either the cost or quality of the Work or the time of performance. Tha daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not li mitad to, all drawings, specifications, addenda, amendments, Change Ordara, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 39 Cons[ruc[lor, Servlcas Agreement [2023_vat2] O/�{} made during construction. Tha annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and burled installations of piping, conduit and utility s¢rvicas. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two <2) permanent features (e.g. interior or exterior wall faces). Tha annotated drawings shall ba clean and all changes, corrections and dimensions shall be 91ven in a neat and I¢glble manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall ba delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work h¢reundar for a minimum of five (5) years From the data of termination of this Agreement or the date the Protect is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter t19 and comply with specifically those contractual requirements in 'I 19.070'1(2)(a)-(b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suits 102 Naples, FL 34192-5748 Telephone: (239) 252-8999 Email: PublicRecord Rea estCa7c Ilse rcou ntvfl.aov Tha Contractor must specifically comply with the Florida Public Records Law to: t. Keep and maintain public records req uirad by the public agency to partorm the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonabl¢ time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records tllsclosure requirements era not disclosed except as authorized by law far the duration of the contract term and following completion of the contract if the Contractor does not transfer the racortls to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public racortls in possession of the Contractor or keep and maintain public records required by the public agency to partorm the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that era exempt or confidential and exempt from public records disclosure requirements. It the Contractor k¢¢ps and maintains public records upon completion of the contract, the Contractor shall meat all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construc[lon Services Agr¢ament [2023_var.2] i.n� agency, upon request from the public agency's custodian of public racortls, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME ANO TIME EXTENSIONS 9.'I Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -man, as well as coordinating its Work with all work of others at the Project Sita, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Oocumants, and the coordination of Owner's suppliers and contractors as set forth in Paragraph '12.2. herein. 9.2 Should Contractor ba obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restri ctad to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine rag ulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or ba deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may ba responsible, in whole or in part, shall relieve Contractor of its tlu[y to partorm or Siva rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provitlad, however, the granting of any such time extension shall not ba a condition precedent to the aforementioned "No Oamaga For Oalay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. '10.'1 Owner shall have the right at any lima during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized astim eta of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall no[ ba liable to the Contractorfor any increased compensation without such written order. No of£car, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must ba approved by Owner in writing prior to starting such items. Owner will not ba responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work raq uirad of Contractor hereunder. 38 Construction S¢rvb¢s Agreement [2023_v®c2] C/42S '10.2 A Change Order, in the form attached as Exh'bit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shell promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Tima shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. '10.3 If Owner and Contractor are unable to ag rae on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that avant, the Contract Amount and Contract Tima shall ba adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section '1'I of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. '10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum tan percent ('10%) markup for all overhead and profit. In the event such change Work is partormatl by a Subcontractor, a maximum ten percent (10^h) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and malarial costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon 6y the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent ('I5 % ). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. NO markup shall be placed On sales tax, shipping or subcontractor markup. '10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 1 O.6 Tha Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be affected by Field Order or by other written ord ar. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County �procuramant ordinance and policies and Administrative Procedures in affect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. '1'I .'I Claim is a demand or assertion by one of the parties seeking an adjustment or Interpretation of the terms of the Contract Documents, payment of money, extension of lima or other relief with respect to the terms of the Contract Docu mants. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 1'1.2 Claims by the Contractor shall ba made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the avant giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen ('I 5) calendar days after the occurrence of 39 r'�tiV Construction Savicas A9reamanb [2023_var.2] the avant, unless the Owner grants additional lima in writing, or else the Contractor shall ba deemed to have waived the Claim. All Claims shall ba priced in accordance with iha provisions of Subsection 10.4. 11.3 Tha Contractor shall proceed diligently with its pertormance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be pertormed is not noted in the Contract Documents, written notice thereof will ba given to Contractor prior to starting any such other work. If Contractor believes that such pertormancs will involve additional expanse to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to sand the above req uirad forty-aig ht (46) hour notice, the Contractor will ba deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Tima or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who Is a party to such a direct contract (or Owner, if Owner is partorming the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and aq uipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may ba required to make its several parts come together properly and integrals with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or altar their work with the written consent of the Project Manager and the others whose work will be affected. Tha duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends For proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extant permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, Including. but not li mitad to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or uti lizad by the Contractor in the pertormance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. Tha duty to defend arises immediately upon presentation of a claim by 38 ConatmIXlon Services Agreement [2023_var.2], . �, (7 any party antl written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Artiele 13 will survive the expiration or earlier termination of this Agreement until it is daterminatl by final judgment that an action against the Owner or an indemnified party for the .matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its pertormanca under the Contract Documents, insu rants of the types and in the amounts set forth in th I u n d Bo d" Re Iremants form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations sat forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not li mitad to those dealing with taxation, worker's compensation, equal employment and safety (including, but not lim itad to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, coda, statute, or ord inanca requires the inclusion of certain farms in this Agreement in order for this Agreement to be enforceable, such farms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a ch anger in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's lima or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should nave known of such changes prior to the data of this Agreement. 14.2 By executing and entering Into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of Yha Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sac. and regulations relating thereto, as either may ba amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes antl executive orders raq uira employers to abide by the immigration Taws of the United Staters and to employ only individuals who era slig ibla to work in the United States, including the requirements sat form in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) In partnership with the Social Sacu rity Administration (SSA), provides an Intarnat- based means of verifying am ploymant eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors /Bidders era required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the lima of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profiles page or a copy of the fully executed E-Verify Memorandum of Undarstendin9 for the company. Contractors are also raq uirad to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with tna E-Verify Program. Tha affidavit is attached to the solicitation documents. 39 . r 0 ConaVucHon Servlcas Agreement: [2023_v®c2] Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information reg artling the Employment Eligibility Verification System (E-Verify) program visit the following wabsite: htt '//w dh /E-V 'fv. It shall ba the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall ba fully responsible for complying with the provisions of the Immigration Retorm and Control Act of 1986 as located at 8 U.S.C. 1324, at sao. and regulations relating thereto, as either may be amended end with the provisions contained within this affidavit. Failure by the awarded firm (s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. '1 S_ CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 16.2 Any existing surtaca or su bsurtace improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to ba removed or altered, shall ba protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall ba restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall raq uira that its assignee be bound to it and to assume toward Contractor all of the obligations and responsi bilitias that Contractor has assumed toward Owner. '17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact teas or inspection fees applicable to the Work through an infernal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to d sliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not ba obligated to pay for any permits obtained by Subcontractors. as t.-::\t� ConsKuctlon Services Agreement [2023_v¢t2] '17.2 All permits, fees and licenses necessary for YHe prosecution of fhe Work which era not issued by Collier County shall ba acpuiretl and paid for by the Contractor. '17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which era applicable during the pertormance of the Work. '18. TERMINATION FOR DEFAULT. '18.'I Contractor shall ba considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: ('I) fails to begin the Work under the Contract Documents within the time specified Herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schad ule; or (3) pertorms the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work es may ba rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has bean suspended within a reasonable time after being notified to do so; or (8) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judg mant to stand against it unsatisfied for more than tan ('10) days; or (8) makes an assignment for the baneFt of creditors; or (g) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or ('I O) materially breaches any other provision of the Contract Documents. '18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the dafault(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may ba consented to by Owner in writing and in its sole discretion, than Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may ba entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and to ke possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assign m¢nts of any of Contractor's subcontracts and pu rch ass orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sol¢ discretion, may choose. '18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after tH¢ Project is completed. All moneys expanded and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expanses [including Design Professional and attorneys' faesj or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, Including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages Incurred by the Owner to complat¢ the Work, such excess shall be paid to the Contractor. The amount to ba paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive farm ination of the Agreement. '18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expanses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions ware necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore Consbactlon S®rvices AgreemanL [2023_wr 2] LAB or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work harau nder. '18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is d alarm inad for any reason that Contractor was not in default, or that Its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herei h, than the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall ba the same as and limited to those afforded Contractor under Section '19 below. 'I S.B In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill soma material obligation owed by Owner to Cgntractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its pertormanca under this Agreement until such tlefauli is cured, after giving Owner a second fourteen ('14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty ('120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons partorm ing portions of the Work under Contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen ('14) days after receipt of Contractor's written notice, Contractor may, upon fou rtaen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no avant shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall ba limited to that portion of the Contract Amount earned through the data of termination, together with any retainaga withheld and reasonable termination expanses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures sat forth in the Contract Oocumants. In no avant shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six CB) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.'1 Whan the entire Work (or any portion thereof designated in writing by Owner) is ready for its i ntentletl use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasons bla time thereafter, Owner, Contractor and Oasign Professional shall make an Inspection of the Work (or dasi9 Hated portion thereof) to determine the statue of completion. If Owner, after conferring with the Oasign Professional, does az cons[rua�cn sa,.,mes ngraem®m: [2ozs_versl C.P,(3 not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor In writing giving th¢ reasons therefor¢. If Own¢r, after conferring with the Design Professional, considers th¢ Work (or design at¢d portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certiflcata of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentativ¢ punch -list of items to be completed or corrected by Contractor befor¢ final payment. Owner shall have the right to ¢xcluda Contractor from the Work and Project site (or designat¢d portion thereof) after th¢ date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coord inafe with the Contractor the return of any surplus assets, including materials, supplies, and eq uipmant. 20.2 Upon receipt of written certification by Contractor that the Work is complet¢d in accordance with the Contract Docu mants and is ready for final inspection and acceptance, Project Manager and Design Professional will mak¢ such inspection and, if th¢y find the Work acceptable and fully pertormed under the Contract Documents shall promptly approve paym¢nt, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the farms and conditions of the Contract Documents, that the entir¢ balance found to be due Contractor is duo and payable. Neither the final payment nor the retainaga shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exh'bit C. (3) Consent of surety to final payment. (4) Rac¢ipt of the final payment chock list. (5) If raquir¢d by Owner, other data establishing payment or satisfaction of all obligations, such as rac¢i pts, rel¢ases and waivers of liens, arising out of the Contract Documents, to the extant and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an indep¢ndent d¢termination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the r¢tainag¢ shall become due and payable. 21_ WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to ba incorporat¢tl into the Project. Contractor warrants to Owner that any materials and aq uipment furnish¢d under the Contract Documents shall be now unless otherwise spacifi¢d, and that a11Work shall ba of good quality, fro¢ from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and ¢quipment furn ish¢d under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and contlitioned in accords nc¢ with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as othanvise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to ba defectiv¢ or not in conformance with the Contract Documents, Contractor shall correct It promptly after receipt of written notice from Owner. Contractor shall also be raspon sibla for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an ¢mergancy, Owner may commence to correct any defectiv¢ Work, without prior notice to Contractor, at Contractor's 43 consv„�non s®r.,mea .asroemenc [2oz3_var.ap � /�, � ; expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 27.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another represantativa of the Owner, shall contl uct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental ag ancies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being pertormad on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, fasts or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, tasting or approval. All inspections, teats or approvals shall ba pertormad in a manner and by organizations acceptable to the Project Man agar. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extant such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to ba inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Man agar, be uncovered for observation. Such uncovering shall be at Contractor's expanse unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and ba replaced at Contractor's sole expanse. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular night (8) hour day and for any work pertormad on Saturday, Sunday or holidays. 22.B Naithar observations nor other actions by the Project Manager or Design Professional nor inspections, fasts or approvals by others shall relieve Contractor from Contractor's obligations to pertorm the Work in accord ants with the Contract Documents. 23. DEFECTIVE WORK. 23.t Work not conforming to the req uiraments of the Contract Documents or any warranties made or assigned by Contractor to Owner shall ba deemed defective Work. If required by Protect Manager, as ConatruUion Services AgraemenC [2g23_var.27 cno Contractor shall as directed, either correct all dafactiva Work, whether or not Fabricated, installed or completed, or if the dafactiva Work has been rejected by Project Manager, remove it from the site and raplaca it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work ba observed by Oasign Professional or Inspected or tested by others and such Work is not otherwise req uirad to ba inspected or tested, Contractor, at Project Manager's req uast, shall uncover, expose or otherwise make available for observation, inspection or Tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, malarial and aq uipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not lim itad to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to Fnish or pertorm the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's banaFt and nothing herein shall be construed as obligating the Project Manager to exercise [his right for the benefit of Design Engineer, Contractor, or any other parson. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept dafactiva Work, the Owner may do so. Contractor shall bear all direct, indirect and consaq uential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall ba executed evidencing such acceptance of such defective Work, incorporating the nacassary revisions in the Contract Documents and reflecting an appropriate decrease In the Contract Amount. If the Owner accepts such defective Work altar final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable Lima after the written notice from Project Manager, to correct defective Work or to remove and raplaca rejected dafactiva Work as required by Project Manager or Owner, or if Contractor fails to pertorm the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not ba required to give notice to Contractor in the avant of an emergency. To the extant nacassary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, to ke possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which era stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may ba nacassary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs as conatructmn sarvmea AgraemenT. [zozs_vaca7 �:AO of Owner in exercising such rights and remedies shall ba charged against Contractor, and a Change Order shall ba issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not ba li mitad To, fees and charges of engineers, architects, attorneys and other professionals, ail court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not ba allowed an extension of the Contract Tima because �of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.'1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may ba necassa ry to pertorm the Work in accords nca with the Contract Documents. Contractor shall be responsible to sea that the fin ishad Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all limas during its progress a competent resident superintendent, who shall be subject to Owner's approval and not ba replaced without prior written notice to Project Manager except under extraordinary circumstances. Tha superintandant shall ba employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superi ntandent shall ba as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exh'bit A-7 is a list identifying Contractor's Project Suparintentlent and all of Contractor s key personnel who are assigned to the Project; such identified personnel shall not ba removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable Yo Owner. 24.2 Contractor shall have a competent supari ntandent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manag ar are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.6, for services not rendered. 25. PROTECTION OF WORK. 25.'I Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has bean made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall ba daduded from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 98 Construc[lon Servic¢s Agreement [2023_var.2] �)L�t� shall ra-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.'1 In the event of an emergency affecting the safety or protection of parsons or the Work or property at the Project site or adjacent thereto, Contractor, without spacial instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Docu mants is raq uirad because of the action taken In response to an emergency, a Change Order shall ba issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the'Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.'I Contractor shall maintain all construction equipment, the storage of materials and aq uipmant and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other malarial or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, ar any land or areas contiguous tharefo, resulting from the performance of the Work. 28. SAFETY. 28.'I Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.'1 . t All employees on or about the project site and other parsons and/or organizations who may be affected thereby; - 28.'1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project sit¢; and 28.'1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any undarg round structures or im provamanta not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with ail applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of parsons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safag wards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and Improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of [hair property. a� consvucuon samcoa ggreamene [zoza_vaczl CAO Contractor's duties and rasponsibil itias for the safety and protection of the Work shall continua until such lima as the Work is completed and final acceptance of same by Owner has occurred. All new electrical. installations shall incorporate NFPA 70E Short Circuit Protective Davica Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall desig Hate a responsible representative located on a full lima basis at the Project site whose duty shall be the prevention of accidents. This parson shall be Contractor's supers ntendant unless otherwise desig Hated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontracfora and those of any other parson or entity for whom Contractor is legally liable (collactivaly referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may ba progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such avant, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall ba provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the desig Hated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees era prohibited from distributing any papers or other materials upon Owner's property, and era strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all limas comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsita, as said regulations may ba changed from lima to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from lima to time, by Owner in writing; 28.5.7 When raq uastad, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property tharai n; as Cons[ructlon Services A9reament [2023_vBc2] ['n�� 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees era not perm ittad on Owner's property; and 28.5.9 At all limas, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may ba modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend apre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among [he parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and su ppliars attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Pertormance Evaluation System for all contracts awarded in excess of $25,000. To this and, vendors will be evaluated on their pertormance upon completion/termination of this Agreement. 3'1. MAINTENANCE OF TRAFFIC POLICY. For all projects that era conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the currant edition of the Manual On Uniform Traffic Control Devices (M UTC D), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Those projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies era available through Risk Man a9ement and/or Procu rament Services Division, and is available on-line at colliergov.neVpurchasing. Tha Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway 8 Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict ad harance to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within tan ('1 O) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.'I Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 99 ConsirucHon Services Agreement [2023_var.21.-nO 32.2 Notwithstanding anything herein to the contrary, beta use Owner is exam pt from sales tax and may wish to generate sales tex savings for the Project, Owner reserves the right to make direct purchases of various constructlon materials and equip mant included in the Work ("Direct Purch ese"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its bast efforts to cooperate with Owner in implementing this sales tax savings program in order to maximlza cost savings for the Project. Adjustments to the Contract Amount will ba made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall ba processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extant as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or su ppliar of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory raspo nsi bilitias for sales tax under Chapter 212, Florida Statutes, and for its rasponsibiiitias for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total lima for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is pertorm ing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's bast interest, prior to requesting approval of any Change Order from Owner. All Subcontractors pertorming any portion of the Work on this Project must ba "qualified" as defined in Collier County Ordinance 2013-69, meaning a parson or entity that has the capability in all respects to pertonn fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith partormanca. 33.3 In addition to those Subcontractors identified in Contractor's bid that ware approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, iicansing information and phone nu mbars, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor tom mencing any work on the Project. so Consiructlon Servlcea ABreament [2023_vac2] (� f1Q The list identifying each Subcontractor cannot ba modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to ba self-pertormetl by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire pertormanca of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not ba required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor pertorming any portion of the Work, as wall as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in wriiing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, ail subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extant Contractor is bound to Owner by the terms of the Contract Documents, as those farms may apply to the portion of the Work to ba partormed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will ba an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies req uirad to be provided by the Subcontractor except workmen's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an Intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shell similarly makes copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor partorming work at the Project Site must agree to provide field (on -site) supervision through a Hamad superintendent for each trade (e. g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for Its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and ached ulcers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 lJnless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 Thet the Subcontractor's exclusive remedy for delays in the pertormanca of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the avant of a change in the work, the Subcontractor's claim for adjustments in the contract sum era limited exclusively to its actual costs for such changes plus no more than 1 O for overhead and profit. 33.8.3 Tha subcontract or purchase order, as applicable, mall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus all minata any other remedies for claim for increase in the contract 6t ConsVucHon Sarvlca5 A8taemenF [2023_v®c2] ,^�, price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with Such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1 .1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1 .4 Equipment Purchase/Delivery Logs 34.1 .5 Contract Drawings and Specifications with Addenda 34.1 .6 Warranties and Guarantees 34.1 .7 Cost Accounting Records 34.1.8 Labor Costs 34.1 .9 Material Costs 34.1.1 O Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1 .14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1 .18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1 .24 Operating &Maintenance Instruction 34.1 .25 Daily Progress Reports 34.1 .26 Monthly Prog rass Reports 34.1 .27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Filers of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. sz ConstrUcllon Services Agreement: [2023_vat2] t,C��i 34.2 Contractor Presentations At the discretion of the County, the Contractor may ba req ulretl to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) limas per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the ached uiad presentation data, the Contractor shall meat with appropriate County staff to discuss the presentation req ufrements and format. Presentations may include, but not be li mitad to, the following information: Original contract amount, project Schad uie, project completion data and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Backgrountl checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If req uirad, Contractor shall ba responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County untler this Agreement. This may include, buY not be limited to, checking federal, state and local law enforcement recortls, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall ba required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while pertorming services on County facilities and properties. Contractor ID badges are valid for one ('1) year from the data of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check Is valid, as d iscussad below. All technicians shall have on their shirts the Hama of the contractor's business. Tha Contractor shall im metliataly notify the Collier County Facilities Management Division via a -mail (DL-FMOPSCu�colliercountvfl oov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued sacu rity of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 par incident. CCSO requires separate fingerprinting prior to work being pertormad in any of their locations. This wilt be coordinated upon award of the contract. If there era additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate fad oral or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. Ail projects with an estimated cost of $"10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall ba defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may ba reviewed for VE at the tliscration of the County. 53 Construction Services Agreement [2023_vac2] L'�n 38. ABOVEGROUND/UNDERGROUND TANKS. 38.'1 Tha contractor shall ensure compliance with all NFPA regulations: specifically 1'10 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards pertaining to the storage of hazardous materials antl petroleum products. 38.2 The contractor shall notify the Solid &Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will ba storing Petroleum products or hazardous materials. Tha contractor shall provide a '10 day end 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, wall -groomed and courteous. Subject to the Americans with Disabilltles Act, Contractor shall supply competent employees who are physically capable of pertorming their employment duties. Tha Owner may raq uire the Contractor to remove an employee it deems careless, incompetent, insubordinate or othanvise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall maKa a good faith effort to resolve any such disputes by negotiation. The negotiation shall ba attended by representatives of Contractor with full dacision- making authority antl by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, antl prior to the commencement of depositions In any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the States of Florida. The mediation shall ba attended by representatives of Contractor with full decision -making authority and by Owner's staff parson or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.'I 02, Fla. Stet. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 cons[.ucnon services Agraamen[: 12ozs_var.27 CnO EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page Exhibit I: Supplemental Terms and Conditions Exhibit I: Federal Contract Provisions and Assurances Q Not Applicable 55 Cons[rucHon Services AgraemenT. [2o23_var2] Ue�O EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Tha parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (g0) days of the effective date to comply with legislative changes to Fla. Stat., §2'18.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1 , 2023). Page 1 of 1 CnO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE Tha supplemental conditions contained in this section are intended to cooperate with, to supplement, and [o modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This Is an acknowledgement that FEMA financial assistance will ba used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives aContract /Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor {a bound by th¢ terms of [ha Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (ill) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's pertormance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principl¢s, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster R¢Ilef and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5'12'I et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide t7�\<> EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which era directly pertinent fo this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as r¢asonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorised representatives' access to construction or other work sites pertaining to the work being compl¢tetl under [ha contract. (4) In compliance with section '1225 of the Disaster Recovery Act of 20'I8, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit autlits or internal revlaws by the FEMA Administrator or the Comptroller General of the United Staters. Affirmative Socioeconomic Steps: If subcontracts are to be le[, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.32'I(b)(f)-(5) to ensure that small and minority businesses, wom¢n's business enterprises, and labor surplus area firms era used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement awartl, the cost of any contract change, modification, amendment, atldantlum, change order, or constructive change must ba necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, antl otherwise allowable. DHS Saal, Logo, antl Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision In any subcontracts. Domestic Preference for Procu ramants: As appropriate and to the eMent consistent with law, the non- Fatleral entity should, to the greatest ext¢nt practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (Including but not limitetl to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards Including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced In the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, Including optical fiber; and lumbar. License and Delivery of Worker Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, rpyalty-free, nonexclusive, irrevocabl¢, worldwide license in data first produced in the pertormanca of this contract to reproduce, publish, or otherwise use, including pr¢pare derivative works, tlistribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the pertormanca of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for tlata first produced in the pertormanca of this contract. Data, as used herein, shall include any work subject to copyright under t7 U.S.C. § f 02, for example, any writt¢n reports or literary works, software and/or source code, music, choreography, pictures or Images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video racortlings, and architectural works. V pon or before the completion of this contract, the Contractor will deliver to [he County data first produced In the pertormanca of this contract and data required by the contract but not first protluced in the pertormanca of this contract in formats acceptable by the County. No Obligation by Federal Government: Tha Fatlaral Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 C�AO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Taaacommunications Equipment or Services: (a) Definitions. As used in this clause, [he terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and talacommunications equipment or services have the meaning ss defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovared Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Daf¢nse Authorization Act for Fiscal Vear2019, Pub. L. No. 115-232, and 2 C.F.R. § 2OD.216 prohibit th¢ head of an executive agency on or aft¢r Aug.t 3, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarante¢ funds on certain Telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this Claus¢ applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Fed¢ral Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, eMend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use coveretl telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provides, as part of its pertormance of this contract, subcontract, or other contractual Instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a su bstantlal or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) Thls clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (li). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. QI). Other talacommunications equipment or services that are not considered covered talacommunications equipment or services. (d)R¢porting requirement. (i) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract p¢rtormance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subreci picot, unless ¢Isewhara in this contract are ¢stablishad procedures for reporting the information. (2) The Contractor shall report the following Information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (it known); brand; modal number (original equipment manufacturer C'AO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item desert ption; and any readily available information about mitigation actions undertaken or recommended. (li) Within 70 busin¢ss days of submitting the Information in paragraph (d )(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, [h¢ contractor shall tlescribe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any atltlitional efforts that will ba Incorporatetl to prevent future use or submission of covered Telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(¢), in all subcontracts and other contractual instruments. Program Fraud and Falser or Fraud ulant Statements or Ralatad Acts: The Contractor acknowledges that 37 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventlona Made Under a Contract or Agmament: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (7) This contract is a covered transaction for purposes of 2 C.F.R. pt. 780 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (dafinetl at 2 C.F.R. § 780.995), or its affiliates (defined at 2 C.F.R. § 760.905) are excluded (defined at 2 C.F.R. § 780.940) or dlaqualified (tleflnad at 2 C.F.R. § 780.935). (2) The contractor must comply with 2 C.F.R. pt. 780, subpart C and 2 C.F.R. pl. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction It enters into. (3) This certification is a material representation of fact ralietl upon by the County. If It Is later determtnatl that the contractor did not comply with 2 C.F.R. pt. 780, subpart C antl 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. t80, subpart C antl 2 C. F. R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. Tha bidder or proposer further agrees to Inclutl¢ a provision req ufring such compliance in its lower tier covered transactions. P rocuremant of Recovered Materials (§200.323) (Over $70,000): In the performance of this contract, th¢ Contractor shall make maximum use of products containing recovered materials that are EPA- designatad items unless the protluct cannot be acquired— Compatitiv¢ly within a timeframe provitling for compliance with the contract pertormance schedule; Meeting contract pertormance requirements; or At a r¢asonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines wabpaga: Mtps://www.epa.gov/smm/comprehensive- procurement-guitleline-cpg-program. The Contrector also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $70,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrtl Antl-Lobbying Amendment (37 V.S.C. § 7352 (as amended) (over $700,000): Contractors who apply or bid for an award of $700,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to Influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 37 U.S.C. § 7352. Each tier shall also disclose any lobbying with non-F¢tleral funds that taKas place in connection with obtaining any Fadaral award. Such disclosures are forwarded from tier to tier up to the recipient." pno l�ctrs7uld EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer axceading $'100,000. Sae Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 -3708) (over $i 00,000): Where applicable, all contracts awarded by the solicitor in excess of $t 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (t j Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she Ia employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and ono -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (t) of this section the contractor and any subcontractor responsible therefor shall be liable for [he unpaid wages. In addition, such contractor and subcontractor shall ba liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or [o such territory), for liquldatetl damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause sat forth in paragraph (�) of this section, in the sum of $27 for each calendar day on which such Individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (�) of this section. (3) Withholding for unpaid wages and liquidated damages. Tha County or FEMA shall upon its own action or upon wrlttan request of an authorized representative of the Department of Labor withhold or cause to ba withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject Yo the Contract Work Hours and Safety Standards Act, which is held by the same prima contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor For unpaid wages and liquidated damages as provided in the clause sei forth in paragraph (2) of this section. (4) Subcontracts. Tha contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (t) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In paragraphs (�) through (4) of this section.' For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.t "Further Compllanca with the Contract Work Hours and Safety Standards Act. ('I) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of kh ree years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such amployae, social security number, corr¢ct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to ba maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Fadaral Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. exrilelT I - s CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $t 60,000): 1. The contractor agrees to comply with all applicable standards, ortlera or regulations lasuad pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. Tha contractor agrees to include these requirements im each subcontract ¢xcaeding $150,000 financed in whole or in part with Fetleral assistance provided by FEMA. Fadaral Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standard a, orders, or re9 ulations Issued pursuant to the Faderel Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. 2. The contractor agrees to report each violation to the County and understantls and agrees that the County will, in turn, report each violation as required to assure notification [o the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. Tha contractor agrees to Include these requirements in each subcontract axceading $150,000 financed in whole or in part with Federal assistance provided by FEMA. Adminlstretiva, Contractual, or Legal Remetlies (over $250,000): Unless otharwisa provided in [his contract, all claims, counter -claims, disputes and other matters in question batwaen the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-'1 .4): Except as othenr�ise provided under 41 C.F.R. Part 60, II f d a t t d t f t t" in 4t C.F.R. § 60-1 .3 must include the equal opportunity clause provldad under 41 C.F.R. § 60- 1.4. During the pertormance of this contract, the contractor agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sax, sexual orientation, gender Identity, or national origin. The contractor will take affirmative action to ensure that applicants era employed, and that employees are treated during employment without regard to their race, color, religion, sax, sexual orientation, gender Identity, or national origin. Such action shall include, but not ba limited [o the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to ba provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or ativartisem¢nts for employees placed by or on behalf of the contractor, state that all qualifietl applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gander identity, or national origin. (3) The contractor will not discharge or in any other manner diseri urinate against any employee or applicant for employment because such employes or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to intlivitluals who do not otharwlse have access to such information, unless such disclosure Is in response to a formal complaint or charge, in furtherance of an investigation, proceetling, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which ha has a collective bargaining agreamant or other contract or understanding, a notice to ba provided advising [he said labor EXHIBIT I - 6 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post coplea of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11248 of September 24, 1985, and of the rules, regulations, and relevant orders of the Secretary of Labor. (Ei) The contractor will furnish all information and r¢ports required by Executive Order 11248 of September 24, 1985, and by rules, regulations, and orders of the Secretary of Labor, or pursuant th¢reto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, r¢gulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may ba declared ineligible for further Government contracts or federally assisted construction contracts In accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may ba imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) Tha contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or ordara of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, t955, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the avant a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 LAO EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulatlona, And Ex¢cutiva Orders and Acknowledgement of Fadaral Funding Certlilcation This is an acknowledgement that FEMA financial asaiatance will ba usetl to fund all or a portion of the contract. The contractor will comply with all applicable Fetlaral law, regulations, executive ortlare, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work requiretl under this Agreement, a copy of the si9netl subcontract moat bo available to the County for review and approval. Tha Contractor agrees to inclutla In the subcontract that ('I) the subcontractor Is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (111) the subcontractor shall holtl the County antl the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's pertormanca of work under this Agreement, to the extant allowed and requlrotl by law. The County may document in the quarterly report the Contractor's progress In pertorming Its work under this agreement. On behalf of my firm, 1 acknowletlga, the grant requirements idantifietl In this document Ventlor/Contractor Name Date 12/I1/2023 Authorised Signature Kelly Brothers. Inc. ISOJS Plna Ridge RJ.. Port Myeca. PL 33Y08 Sate oFNcocpoceUan: Plorlde CCU EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REOAROINO DEBARMENT, SUSPENSION, INELI6IBILITV and VOLUNTARY EXCLU810N Contractor Covered Trensactiona (t) The prospective subcontractor of the Sub -recipient, Collier County, cartlFlas, by submission of this document, that neither It nor its principals Is presently tlebarretl, suspended, proposatl For dabannent, tlaclaretl inalig ibis, or voluntarily axclutletl from participation In this transaction by any Federal tlapertmant or agency. (2) Where the Bub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR BY: ra 1 Name antl Tltla s,ew a[mmxpor.no.,: Horla. 15y75 Plae Rid Rd Street Atltlress Fort Myer¢, PL 33908 City, States, Zip ZYL4HRJ4V2H6 UEI Unique Entity Identifier (for SAM.gov verification) Sub -Recipient Names: Collier County Boartl of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT 1 - 9 C'A f? EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT w�lll Be oEaaea. unrerinaE Ena..a ..In reemra ma vR.MF [o aimar vrw.aa a ram:.e natamant o. vro�: ma EOB.a an[.�man.ation mat aaemo-E �� A. PRIME VENDOR/CONTRACTOR INFORMATION 1 NInc. E IGell Brothers 59�2069592 TBD �sTNE VRIwIe P[sowlDR<ewnrRO Disms�RRTPBlo. ry euziNEsz en.eaamse? (DEE/1.16UVfBE]O¢NAVF PSMPLLDISmVM1MACED euverezz as e[anr�unoN FaoM mE ZM>u wswess MiNiAR6TOM PSl0.NCE DISabI[O VE?ERLN? ERnn ® BCT � eea �s THE AenYIT. of TNls eaNrRRer... cpry5 ONi O Q OTNFRT Y ma Bax B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN-0WNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR e or smMITrzR E suamrrrER Dane Kell M6ILYDORESS Oi RR1ME i5 VBMfrTER 12/11 2023 TCIERNONE NUMBER A'esiden[ cP%NV MBER esHmatin @1ce71 bros.net 239-482-7300 N/A rvor ibis lnfwma[Ion is auaato track anB vapors anncipatea DeE cr MBE panlcipatlonln fatlmallPtu,Wetl cen<rac6. [ba an'tidps[etl OBE or C MB! amounS is Vol untary ana wlll not became W rt o5 ma con VaRual [arms. TTIs ?orm must be iobmbte0 at ame of [esponTa to a salbita[iOp. tT ana wMn awaraM a County conNaa� the ptlme will be asketl 0 upaMe [ne InformNlm t0 the pans cnmpgance Nas. -a �- �-�= D. SECTION TO BE COMPLETED BY COLLIER COUNTY I EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION fT b b ltt d i[h h bid ff dl 5�00 0001 The undaraignad [Contractor] certifies, to the bast of his or her knowledge, that: t. No Federal appropriated funds have been paid or will be paid, by or on behalf of the untlersignad, to any parson for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member oT Congrasa In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any woparative agreement, and the extension, continuation, renewal, amendment, or modification of any Fadaral contract, grant, loan, or cooperative egraemanC. - 2. If any funds other [Fan Fadaral appropriated funds have bean paid or will ba paid to any parson for Influencing or al[ampHng to influence an officer or employee of any agency, a Member of Congrasa, an officer or employee of Congress, or an employee of a Mambar of Congress in connactlon with this Fadaral contract, grant, loan, or cooparetiva agreement, the undaraignad shall complete and submk Standard Form- LLL, "Disclosure Form to Report Lobbying," In accortlanca with its instructions. , 3. Tha undaraignad shell require that the language of [hts cartiflcetion be Included In the award documents for all subawards of all tiers (Including subcontracts, subgrants, end Contracts under grants, loans, and Cooperative agreements) and that all subreciplents shall certify and disclose acwrdingly. This certification is a malarial reprasantatlon of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this cartiflcetion Is a prerequisite for making or entering Into this transaction Imposed by 3'I , U.S.C. § t 352 (as amended by the Lobbying DisGosura Act oft 995). Any person who fails to file the required cartiflcetion shall be subject To a civil penalty of not lass Shan $'10,000 and not more than $'100,000 for each such failure. Tha Contractor certifies or affirms the truthfulness antl accuracy of each statement of Its certification and disclosure, If any. In addition, the ConVactor underetands and agrees that the provisions of 3t U.S.C. § 3H0'I et seq., apply [o this cartiflcetion and disclosure, If any. Kell B th I c Contracor (Firm Names) /�� _/ Sig at re of Contras or a Authoriz�lal Dane Kellv President Names and Title of Contractor's Authorized OTFlcfal Kelly Smihevs.lnc. 15745 Pix Ridge Rd.. Fart Myeea. PL 3J9a8 Stets of lnenepmalinn: PI. 12/11/2023 Data E%HIBIT I - C '/'.: l