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Backup Documents 03/12/2024 Item #11GSEE 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 9:56 AM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL�ECEIVE 1 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA' Ei 2 2024 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in t Count Attorney Office no later than Monday preceding the Board meeting. anagoment **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 61 f 2-( 2. County Attorney Office County Attorney Office 1)#1 d 4. BCC Office Board of County Commissioners C7/b4AP4( J/7Y ' 4. Minutes and Records Clerk of Court's Office MF 3- 15-A 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was 03/12/2024 Agenda Item Number 11. G Approved by the BCC or 16f7 Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8182 Kelly Brothers, number if document is Kelly Brothers, Inc. Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the FC document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/12/2024 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County 54,00, an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 5p149 an option for Chairman's signature. this line. t IC CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kelly Brothers, Inc. ("Contractor") of 15775 Pine Ridge Rd., Fort Myers, Florida 33908, a Florida Profit Corporation., authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Caxambas Park and Boat Ramp Rehabilitation Project", Invitation to Bid No. 23-8182 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Aptim Environmental & Infrastructure, 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 1. 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 be maintained by Contractor at the Project site at all times during the performance 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. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3„ Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Million Seven Hundred Thirty-Five Thousand Nine Hundred Twenty-Six Dollars and Sixty-Seven Cents ($2,735,926.67). The additional amount of Two Hundred Seventy-One Thousand Four Hundred Seventy-Three Dollars and Nineteen Cents ($271,473.19) has been 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 dollar 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 eligible for reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor. 1 Construction Services Agreement: [2023_ver.21 n '7O 1 1G Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. 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 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 be accessed via the web at https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. Should 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 meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be 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 Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and seventy(170) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date 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. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Two Hundred Eighteen Dollars ($2,218.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to 2 Construction Services Agreement:[2023_ver.2] 1 1G be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last 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. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count 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 payment 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 and in its sole discretion, is allowed to continue and 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 event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue 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 Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be 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 Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. 3 Construction Services Agreement: [2023_ver.2] 1 1G Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8182 "Caxambas Park and Boat Ramp Rehabilitation Project." Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms n Not Applicable Exhibit B-2: Performance Bond Forms n Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Fl Applicable n Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8182 "Caxambas Park and Boat Ramp Rehabilitation Project." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, 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. MExhibit J: Technical Specifications ®Exhibit K: Permits MExhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Aptim Environmental & Infrastructure, LLC MExhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL do Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34112 Attn: James Morton, Project Manager III Phone: (239) 252-5488 Cell: (239) 253-0868 Email: James.Morton[acolliercountyfl.gov 4 Construction Services Agreement:[2023_ver.2] 1 1 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Kelly Brothers, Inc. 15775 Pine Ridge Rd. Fort Myers, Florida 33908 Attn: Dane Kelly, President Phone: (239) 482-7300 Email: estimatinq(a�kellybros.net Travis Kelly, VP Email: Traviska,kellybros.net C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. 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 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. 5 Construction Services Agreement:[2023_ver.2] 11. G Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change 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 administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms 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 6 Construction Services Agreement: [2023_ver.2] 1 1 G IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TW WITNESSES: Kelly Brothers, Inc. L..— ctik.4.:4, CIALLicy__, FIRST WITNESS Ann Marie Aeschliman By: ./e'. 1 Print Name Dane Kelly,President (114.4.4.:6212*':-ES Print Name and Title SECOND WITNESS Danielle Kirby Date: February 13,2024 Print Name ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER COUNTY FLORIDA BY: 6BY: Ch . a I, Chairman Attest as to Chairman's Date: tg' ?NI ..., signature only Ap ed as to For d egality: -C-AAL County Attorney fi.ii- f7;:4 --r..d Pn t Name 7 Construction Services Agreement;[2023_ver.2] ( 'A; ti 1 1G EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:[2023_ver.2] 1 1G :>I 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project Bid Schedule Item No. Section 1-General Unit Quantity Price Total 1.1 As-Built Survey LS 1 $16,279.80 $16,279.80 Section 1-General Subtotal $16,279.80 Item No. Section 2-Demolition&Erosion Control Unit Quantity Price Total 2.1 Demolition of concrete cap LF 450 $96.68 $43,506.00 2.2 Turbidity Barrier.See FDEP Permit No.:0191321-004 El LF 200 $70.28 $14,056.00 2.3 Vibration Monitoring LS 1 $14,886.00 $14,886.00 2.4 Environmental Protection LS 1 $8,720.22 $8,720.22 Section 2-Demolition&Erosion Control Subtotal $81,168.22 Item No. Section 3-Bulkhead Construction Unit Quantity Price Total 3.1 Construct new bulkhead with batter piles LF 239.9 $3,370.97 $808,695.70 3.2 Construct new cantilever bulkhead LF 89.6 $3,639.71 $326,118.02 3,3 Construct west ramp bulkhead LF 89.8 $2,867.01 $257,457.50 3.4 Construct east ramp bulkhead LF 72.1 $3,117.86 $224,797.71 3.5 Construct new ramp steel toe wall LF 29.9 $1,882.67 $56,291.83 Section 3-Bulkhead Construction Subtotal $1,673,360.76 Item No. Section 4-Replace Boat Ramp Unit Quantity Price Total 4.1 Replace the Boat Ramp LS 1 $161,870.05 $161,870.05 4.2 Piles and signage at ramp end EA 2 $2,016.44 $4,032.88 Section 4-Replace Boat Ramp Subtotal $165,902.93 Item No. Section 5-Floating Docks Unit Quantity Price Total 5.1 Install new floating dock guide piles EA 8 $8,607.06 $68,856.48 5.2 Provide and place new floating dock(no.2) LS 1 $27,032.15 $27,032.15 5.3 Provide and Place new flaoting dock(no.1) LS 1 $27,032.15 $27,032.15 5.4 Demolish existing floating dock no.1. LS 1 $2,783.64 $2,783.64 5.5 Clean and repair gangways for floating docks no.1 and 2.and install Each 2 $9,292.97 $18,585.94 5.6 Provide and place new floating dock(no.3)with gangway LS 1 $130,530.45 $130,530.45 Section 5-Floating Docks Subtotal $274,820.81 Item No. Section 6-Boat Lift Structure Unit Quantity Price Total 6.1 Repair boat lift structure LS 1 $11,770.80 $11,770.80 Section 6-Boat Lift Structure Subtotal $11,770.80 Item No. Section 7-Boat Lift Electrical System Unit Quantity Price Total 7.1 Repair boat lift electrical system LS 1 $7,398.27 $7,398.27 Section 7-Boat Lift Electrical System Subtotal $7,398.27 Item No. Section 8-Construction of Fixed Timber Dock Unit Quantity Price Total 8.1 Remove and drive new timber marginal dock piles w/wraps EA 43 $2,128.24 $91,514.32 8.2 Construct fixed timber dock LF 260 $469.18 $121,986.80 8.3 Construct north dock handrails LF 100 $244.21 $24,421.00 8.4 Construct boat fenders EA 12 $552.41 $6,628.92 Section 8-Construction of Fixed Timber Dock Subtotal $244,551.04 Item No. Section 9-Paving/Site Resoration/Misc Unit Quantity Price Total 9.1 Mill and pave select portions of the parking lot LS 1 $55,449.04 $55,449.04 9.2 Place 89 stone(10cy truck) EA 10 $1,951.90 $19,519.00 9.3 Site Restoration LS 1 $11,595.22 $11,595.22 9.4 Fish cleaning station on concrete slab LS 1 $8,142.37 $8,142.37 Section 9-Paving/Site Resoration/Misc Subtotal $94,705.63 Subtotal(Sections 1-9) $ 2,569,958.26 Item No. Section 10-Moblization/Demoblization Unit Quantity Price Total 10.1 Mobilization/Demobilization,::':r.. . `.:::::::::„l. „r LS 1 $144,773.61 $144,773.61 Total Base Bid $ 2,714,731.87 Item No. Section 11-Alternate for Floating Dock Unit Quantity Price Total 11.1 Provide and Place New gangway for Floating Dock(no.1 and 2) Each 2 $10,597.40 $21,194.80 Section 11-Alternate for Floating Docks Subtotal $21,194.80 Total Base Bid+Section 11 Alternates' $2,735,926.671 *Owners Allowances..., T&M $271,473.19 $271,473.19 *Owners Allowance . . ,, ,;i-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. 1 1G EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: [2023_ver.2] 1 1 G 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 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 Fax No. State Contractor's License# Dane Kelly- CGC1519780,Travis Kelly- CGC1528509 State of Florida Certificate of Authority Document Number 656515 Federal Tax Identification Number 59-2069592 DUNS# 085714871 CCR# Cage Code OGFJ6 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 Construction Solicitation Doc rev 04152022 11G 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: 7." Title: Dane Kelly, President Kelly Brothers,Inc 1077S Pate Ridge Rd,Fort Myers,FL 33908 State of incorporation:Florida Date: December 11,2023 Construction Solicitation Doc rev 04152022 (r( Y FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Caxambas Park and Boat Ramp Rehabilitation Project BID NO.23-8182 Name Personnel Category Dane Kelly President Travis Kelly Construction Superintendent Jake Kinnear Project Manager William (Bob) Home Site Superintendent Construction Solicitation Doc rev 04152022 0 V'' 1 1G to, a INNINNOMONIMIllr CGC1519780 KELLY BROTHERS,INC Key Personnel 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 1 1 G CGC151973© ONIMMENNONNalr KELLY BROTHERS,INC Dane Kelly President, Co-owner AREAS OF EXPERTISE Summary Proven leader in the marine construction industry with a track record of Licensed General Contractor ensuring projects are delivered to the highest quality, within budget and on time. Years of trade experience in every facet of marine construction. Project Planning/Management Projects include marina construction, bridge construction, dredge operations, fender system replacement, pile driving, bulkheads, seawalls, Value Engineering rip rap revetment, slope protection, erosion control, weirs, box culverts, wood and concrete piers, subaqueous cable and pipe crossings, artificial Staff Supervision reef construction, under-water construction, barge and crane service, marine salvage and commercial diving. Transitioned from a Laborer to Resource Management Job Site Superintendent, then Procurement Manager, General / Project Manager, Vice President, and now serves as the company's President Contract Administration and Licensed General Contractor. Recognized by clients and colleagues as a business professional with a high degree of personal integrity. Known Estimating for compassionate leadership, a persuasive passion for excellence, and a talent for resourceful business solutions. Consistently maintains a quality- Job Cost Control standard performance record via exceptional service, follow-through, and attention to detail. OSHA Construction and Safety Training President and Co-owner 2019—Present OSHA Certified Rough Terrain • Oversees day to day operations of the company Extending Boom Operator • Leads all aspects of the firm's business development and operations • Collaborates with key personnel on business strategy, long range Certified Crane Operator planning and determining company objectives Up to 150 Ton • Acquires new business through strategic marketing efforts, competitive bidding processes, and client referrals OSHA Compliant Qualification • Uses knowledge from previous experience to gain a clear understanding Rigger/Signal Person-Hand/Voice a client's exact needs • Explores value engineering opportunities Department of Environmental • Works with Vice President/General Superintendent to clearly define Protection, (DEP)Qualified and communicate project goals and objectives Storm water Management Inspector • Creates effective, informed, and highly motivated teams focused on United Safety Council customer requirements, safety, and quality Intermediate Maintenance of Traffic • Promotes team work, integrity, and strong work ethic course, Meeting FDOTRequirements • Ensures the best value is obtained for each project while providing a quality product Open Water/Enriched Diver • Works with key personnel to estimate, review, and approve bid submittals, pricing, and change orders. American Heart Association Heart Saver First Aid, CPR,AED 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1 G aCGC1519780 KELLY BROTHERS,INC Vice President 2012— 2019 Kelly Brothers, Inc. • 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 project while providing a quality product • Estimates, oversees, and approves bid submittals and change orders General / Project Manager 2011— 2012 Kelly Brothers, Inc. • Responsible for costing, estimating and planning projects • Managed multiple projects from the office and the field • Coordinated job site personnel, equipment and materials • Updated project plans to include agreed upon changes and facilitated change orders as needed Procurement Manager 2009 — 2011 Kelly Brothers, Inc. • Negotiated pricing for job 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 Site Superintendent 2002— 2009 Kelly Brothers, Inc. • 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 entities 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239) 482-8014 www.kellybros.net a, ,.. 1 1 G g a IMENNONMEMair CGC1519780 KELLY BROTHERS,INC Dane Kelly Relevant Project Experience Full-service marine construction • Powerboat Marina, Naples firm headquartered in Fort Myers . Alva Boat Ramp, Alva Locally owned and operated • Ville de Marco West, Marco Island since its incorporation in 1980. • Bayshore Gardens Park and Recreation District Boat Ramp, Bradenton • Tin City, Naples Over 42 years in business, serving a variety of public and • Naples Land Yacht Harbor, Naples private clients throughout • City Dock, Naples Southwest Florida. Over 1200 • MarineMax, Naples, Fort Myers, Sarasota projects completed. • Pahokee Marina Reconfiguration, Pahokee With Kelly Brothers, you are • Naples Pier Restoration, Naples working with a family owned • Gulf Star Marina, Fort Myers Beach and operated company, we have a vested interest in our • Punta Rassa Boat Ramp Replacement, Fort Myers clients satisfaction. We take • Tampa Yacht and County Club,Tampa immense pride in our work and • Boulevard Apartments, Largo value our business reputation. • Marathon Marina, Marathon Our philosophy is simple, • Mangrove Bay, Phase I and II, Naples "Get it done and do it right the first time." • Pine Island Commercial Marina, St. James City • Marina Jack, Multiple Phases, Sarasota 75%of our business is referral • Maximo Marina, Phase I and II, St. Petersburg work from previously satisfied customers. We have a long • Jiggs Landing, Bradenton and established track record • City of St. Marks Municipal Bulkhead and Pier, St. Marks for delivering a quality product, • Sanibel Harbor Yacht Club, Fort Myers on time and within budget. • SFWMD, FAKA Union Canal, Naples • Villas at Fortune Place, Kissimmee • Diversified Yacht Services, Fort Myers Beach • Shell Isle, Marco Island • Delnor-Wiggins Pass, Phase I and II, Naples • South Seas Club, Marco Island • Newton Park, Fort Myers Beach • Doctors Pass North Jetty Rehabilitation, Naples • Nathan Benderson Park Pedestrian Bridges, Sarasota • Sanibel Causeway Bridge, Sanibel • Mallory Square, Key West 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239)482-8014 www.kellybros.net 1 1 G CGC1519780 KELLY BROTHERS,INC Travis Kelly Vice President, Co-owner, General Superintendent AREAS OF EXPERTISE Summary Dedicated, quality-focused, and safety-driven marine construction leader. Licensed General Contractor Utilizes exceptional leadership and excellent communication skills to motivate field personnel to deliver a quality product in a safe environment. Ability to Project Management read drawings and to monitor work for adherence. Knowledgeable in marine construction sub-trades to effectively manage subcontractors ensuring strict Staff Supervision compliance with plans and specs. Fifteen years of experience inspiring team members to give nothing less than their best. Promotes teamwork, safety, and Resource Management excellence as a group effort. Utilizes creative problem-solving skills, remains patient, yet persistent, in order to achieve project and company objectives. Job Cost Control Experience includes work on marinas, dredge operations, piers, boardwalks, fender systems, boat ramps, floating docks, bulkheads, seawalls, artificial OSHA Construction and reefs, aerial crossings, water control structures, salvage operations, and Safety Training bridge construction. Transitioned from a Laborer to Job Site Superintendent, to General Superintendent and Safety Officer, and now serves as Vice OSHA Certified Rough Terrain President and KBI's Licensed General Contractor Secondary Qualifier. Extending Boom Operator Vice President, Co-owner 2019— Present Certified Crane Operator Up to 150 Ton • Works with President and Project Managers to clearly define and communicate project goals and objectives OSHA Compliant Qualification • Creates effective, informed, and highly motivated teams focused on Rigger/Signal Person-Hand/Voice customer requirements, safety, and quality Department ofEnvironmenta/ • Oversees all projects'on-site activities, including daily work assignments, coordination of project materials, subcontracts, and job site inspections Protection, (DEP)Qualified along with all other responsibilities as the General Superintendent and Storm water Management Inspector Safety Officer as listed below United Safety Council Intermediate Maintenance of Traffic General Superintendent and Safety Officer 2005— 2019 Course, Meeting FOOT Requirements • Oversees all projects'on-site activities, including daily work Open Water/Enriched Diver assignments, coordination of project materials, subcontracts, and job site inspections. American Heart Association • Acts as liaison between the corporate office and owner's representative, Heart Saver First Aid, CPR, AED engineering firms, permitting entities and subcontractors. • Provides project progress reports in conjunction with Site Superintendent • Utilizes time management skills to ensure timely completion of projects. • Establishes and manages work schedules, adjusts as needed • Ensures all site personnel and subcontractors 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 Site Superintendent to make critical decisions about construction activities. • Interviews and hires field personnel 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net rf 11G CGC1S19780 KELLY BROTHERS,INC Travis Kelly Relevant Project Experience Full-service marine construction • Marco Island Yacht Club, Riverside Marina, Marco Island firm headquartered in Fort Myers • Matlacha Fishing Pier, Matlacha Locally owned and operated • Repair of East Cape Canal Plug, Everglades National Park since its incorporation in 1980. • Saprito Fishing Pier, Sarasota • Gulf Star Marina, Fort Myers Beach Over 42 years in business, serving a variety of public and • Ville de Marco West, Marco Island private clients throughout • Naples Land Yacht Harbor, Naples Southwest Florida. Over 1200 • City Dock, Naples projects completed. • MarineMax, Naples, Fort Myers, Sarasota With Kelly Brothers, you are • High Point Place, Fort Myers working with a family owned • Pahokee Marina Reconfiguration, Pahokee and operated company, we have a vested interest in our • Harborwalk at Gilchrist Park, Punta Gorda client's satisfaction. We take • Punta Rassa Boat Ramp Replacement, Fort Myers immense pride in our work and • Tampa Yacht and County Club,Tampa value our business reputation. • Boulevard Apartments, Largo Our philosophy is simple, • Chokoloskee Bridge, Everglades City "Get it done and do it right the first time." • Marina Jack, Multiple Phases, Sarasota • Maximo Marina, Phase I and II, St. Petersburg 75% of our business is referral • Marathon Marina and Resort, Marathon work from previously satisfied customers. We have a long ▪ Jiggs Landing, Bradenton and established track record • City of St. Marks Pier& Bulkhead, St. Marks for delivering a quality product, • Central Avenue Bridge over Booker Creek, St. Petersburg on time and within budget. • SFWMD, FAKA Union Canal, Bank Maintenance, Naples • Tom Adams Bridge, Phase II, Englewood • Delnor-Wiggins State Park, Phase I and II, Naples • Diversified Yacht 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, Emergency Repair, Boca Grande • Sanibel Causeway Bridge, Sanibel • Mallory Square Wharf, Key West 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 I 0 iMENOMMINNEar CGC1519780 KELLY BROTHERS,INC Jake Kinnear Project Manager AREAS OF EXPERTISE Summary Accomplished project manager with broad and diverse residential and Associate Degree, Building commercial experience. Over 18 years as General Contractor with Construction, Washington projects in marine construction, commercial airports, corporate, retail, County Technical College and industrial environments. Skilled in managing complex projects with the ability to assess client needs and convey necessary information with OSHA 30 Certification clarity. Ability to collaborate effectively with stakeholders, consultants, site superintendents, crew, and subcontractors. Strong work ethic, ProjectPianning excellent organizational skills, and proven expertise to consistently and Management complete projects on time and within the agreed upon budget. Staff Supervision Project Manager 2018—Present Resource Management • Provides job site project management oversight • Monitors project schedule and adjusts, as necessary, to achieve on Contract Administration time completion • Monitors budget, negotiates cost effective pricing, and approves Estimating invoices • Prepares daily progress reports and communications Job Cost Control • Obtains project permits in accordance with regulations for local, state, and federal agencies Department of Environmental • Coordinates inspections and approvals Protection, (DEP) • Estimates and provides assistance with bid preparation and takeoffs Qualified Storm water Management Inspector Project Manager 2015— 2018 Lane Valente Industries • Estimated and managed material/resources for various maintenance and construction projects across the United States • Coordinated store close outs, transports and setup of industrial equipment, security booth and crash gate installations 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 Superintendent 2008— 2008 ALR, Inc. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239)482-8014 www.kellybros.net Ex , 1 1 G IONENNOMMIllir CGC1519780 KELLY BROTHERS,INC Jake Kinnear Relevant Project Experience MARINE CONSTRUCTION • Park Shore Landings, Naples IS OUR PASSION • 2021 Bridges, Box Culvert&WCS Repairs,Sanibel Full-service marine construction • Port Sanibel Marina, Fort Myers firm headquartered in Fort Myers • Gordon Boathouse, Naples • Water Control Structure No. 108, Northport Locally owned and operated since its incorporation in 1980. • Gulf Star Marina, Floating Docks, Fort Myers Beach • Diversified Yacht Services, Fort Myers Beach Over 42 years in business, • Merry Pier, 11th Ave. Pier&7th Ave. Pier, St. Pete Beach serving a variety of public and private clients throughout • Venetian Cove, Floating and Fixed Dock Systems, Leesburg Southwest Florida. Over 1200 • Port of the Islands Marina Expansion, Naples projects completed. • The Bay,ADA Kayak Launch Dock, Sarasota Mangrove Street With Kelly Brothers, you are gSeawall, Naples working with a family owned • NE Hurricane Bay Maintenance Dredge, Lee County and operated company, we • Saprito Fishing Pier, Sarasota have a vested interest in our client's satisfaction. We take • Fort Myers Yacht Basin, Dock E Concrete Deck Slabs, Fort Myers immense pride in our work • Matlacha Fishing Pier, Matlacha and value our business reputation. • SCOP County Road 761 Scour Countermeasures, DeSoto County • Powerboat Marina, Naples Our philosophy Is simple, • Naples Landing Dock Renovations, Naples "Get it done and do it right the first time." • Alva Boat Ramp Renovations, Alva • Anchorage Intracoastal Channel Maintenance Dredge, Lee County Many projects are referral • Gulf Star Marina, Fort Myers Beach work from previously satisfied customers. We have a long • Charley's Boat House Grill and Wine Bar, Fort Myers Beach and established track record • Boca Bay Fishing Pier, Boca Grande for delivering a quality product, • Clearwater Harbor Marina,Clearwater on time and within budget. • Lofton's Island Floating Dock, Fort Myers • Matanzas Harbor Dinghy Dock, Fort Myers Beach • Key West Fender Piles, Fort Myers Beach • WCIND Derelict Vessel Removal, Lee County • MarineMax,Sarasota • Artificial Reef Creation,Chris Koepfer's, Lee County • Estero Blvd. Improvements, Fort Myers Beach • Heinrich Residence, Dock and Dredge, Fort Myers • Charter Club Resort of Naples Bay, Naples 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239)482-8014 www.kellybros.net `l, 1 1 G 0 a IiiMMOMMONalv CGC15197$0 KELLY BROTHERS,INC William (Bob) Horne Site Superintendent AREAS OF EXPERTISE Summary More than 35 years of trade experience in every facet of marine Project Scheduling construction, including marinas, dredge operations, piers, boardwalks, and Coordination fender systems, boat ramps, floating docks, bulkheads/ seawalls, artificial reefs, aerial crossings, water control structures, bridge construction,jetty On-site Supervision 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 Cost Control marine vessels. Familiar with ACOE, DOT, State of Florida, and various county, city construction and environmental procedures and requirements. Promotes Quality and Safety Dedicated to delivering a quality project, on time, within budget, and one that exceeds the customers'expectations. OSHA Construction and Safety Training Site Superintendent 2010—Present OSHA Certified Rough Terrain • Manages on-site activities, including daily work assignments, Extending Boom Operator coordination of project materials, subcontracts, and job site inspections. Certified Crane Operator • Aids scheduling of project and coordinates subcontract work Up to 150 Ton • Supervises crew and oversees subcontractors to ensure compliance with budget, scope and schedule OSHA Compliant Qualification • Maintains field personnel records, equipment, and activity logs Rigger/Signal Person-Hand/Voice • Interprets drawings and specifications; establishes construction ction and grades and work lay out Crane Inspe Crane Bureau(CICB) • Scrutinizes field work and conveys job site quality and safety control checks Safety Training for NCCCO Preparatory Training, Mobile Cranes • Ensures all field personnel has and utilizes proper safety equipment • Evaluates environmental restrictions, implements proper procedures, NCCCO Certified Operator for and maintains reporting documentation Lattice Boom Crawler(LBC) • Operates a wide range of heavy construction equipment. and Lattice Boom Truck(LBT) Site Superintendent 2000— 2010 State of Florida, Class A COL Nelson Marine Construction, Inc. American Heart Association • Managed on-site site activities, including daily work assignments, Heart Saver First Aid, CPR, AED coordination of project materials, subcontracts, and job site inspections. Site Foreman 1985— 2000 Kelly Brothers, Inc. • Job responsibilities noted with current Site Superintendent position detailed above. Heavy Equipment Operator 1982— 1985 Robert T. Campbell, Inc. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239)482-8014 www.kellybros.net 1 1G A CGC15197$0 ilEMOMNiiinar KELLY BROTHERS,INC William (Bob) Horne Relevant Project Experience MARINE CONSTRUCTION • Woodring Rd. Living Shoreline, Sanibel IS OUR PASSION • Merry Pier, 11th Ave. Pier&7th Ave. Pier, St. Pete Beach Full-service marine construction • Longboat Key Groins, Longboat Key firm headquartered in Fort Myers • Saprito Fishing Pier, Sarasota • NE Hurricane Bay Maintenance Dredge, Lee County Locally owned and operated • Marco Island Yacht Club, Marco Island since its incorporation in 1980. • Mandalay Bay Pedestrian Bridge, Clearwater Beach Over 42 years in business, • SCOP County Road 761 Scour Countermeasures, DeSoto County serving a variety of public and • Gulf Star Marina, Fort Myers Beach private clients throughout Southwest Florida. Over 1200 • Naples Landing Dock Renovations, Naples projects completed. • Old Naples Seaport, Naples • Lofton's Island Floating Dock, Fort Myers With Kelly Brothers, you are working with a family owned • Villa de Marco West, Marco Island and operated company, we • Artificial Reef Creation, Chris Koepfer's, Lee County have a vested interest in our • Derelict Vessel Removal, Collier County client's satisfaction. We take • immense pride in our work and City Dock, Naples value our business reputation. • The Boathouse on Naples Bay, Naples • Mangrove Bay Development, Phase I and II, Naples Our philosophy is simple, • Pahokee Marina Reconfiguration, Pahokee "Get it done and do it right the first time." • Naples Pier Restoration, Naples • Regatta Landing, Naples Many projects are referral • Tampa Yacht and County Club,Tampa work from previously satisfied customers. We have a long • Brookside Marina, Naples and established track record • Boulevard Apartments, Largo for delivering a quality product, • Pine Island Commercial Marina, St. James City on time and within budget. • Maximo Marina, Phase I&II, St. Petersburg • Sanibel Harbor Yacht Club, Dredging, Fort Myers • Old Pelican Bay Dredge, Fort Myers • Diversified Yachts Services, Fort Myers Beach • Tropical Isle Condominium, Marco Island • Newton Park, Fort Myers Beach • Sanibel Harbor Yacht Club, Floating Docks, Fort Myers • US Coast Guard Pier Addition, Fort Myers Beach • Key West Express, Fort Myers Beach 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1G to ' 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 FDOT concrete pile, strand dia 0.52 vs 0.6 Henderson Prestressed Concrete Inc 2. 3. 4. 5. Please insert additional pages as necessary. Company: ._Kelly Brothers,Inc' Signature: -- - Date 12/11/2023 Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida Construction Solicitation Doc rev 04152022 1 1G L 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 Rohrman Electric,LLC 19711 Little Ln ALVA,FL 33920 239-872-2693 2. Mechanical 3. Plumbing 4. Site Work Bonness Inc,1900 Seward Avenue Naples FL34109 5. Fixed dock Kalvin&Calvin Marine Construction,4001 Exchange Ave,Naples,FL 34104 (Collier County: Marine Seawall&Dock Construction License No. 2202300002207) Company: Kelly Brothers,Inc. Signature: Date: 12/11/2023 Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida Construction Solicitation Doc rev 04152022 1 1G 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. Marco Island Yacht Club (MIYC) Marco Island Yacht Club Inc. (project name) (project owner) 1400 N. Collier Blvd,Marco Island,FL 34145 Same as project location (project location) (Owner's address) Demo&rebuilt marina and seawall David Everitt Chairman,MIYC Board of Directo (project description) (Owner's contact person) (title) October 2020/November 2021 $ 4,914,968.96 239-394-0199 deveritt52@gmail.com (project start/completion dates) (contract value) (phone) (email) 2. WCS No.108 Replacement City of North Port (project name) (project owner) Cocoplum Waterway,W. of Collingswood Blvd 4970 City Hall Blvd.North Port,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 $ 2,257,458.05 941-240-8050 ewong@cityofnorthport.com (project start/completion dates) (contract value) (phone) (email) 3. Ville De Marco West Ville De Marco West,A Condominium,Inc. (project name) (project owner) 1208 Edington Place,Marco Island,FL 34145 1206 Edington Place,Marco Island,FL 34145 (project location) (Owner's address) Steel Sheet Pile Wall,Fixed Dock, Dredging Heather Hassel Manager (project description) (Owner's contact person) (title) June 2018/May 2020 $ 4,186,298.20 239-394-3099 vdmv@villedemarcowest.com (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 C.�.O l I FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4, Alva Boat Ramp Lee County BOCC (project name) (project owner) 21580 Pearl Street Along Caloosahatchee River 1500 Monroe Street,Fort Myers,FL 33901 (project location) (Owner's address) Boat ramp replacement,Armomat scour Marine Project Manager,Division of protection,Riprap,Dock Replacement Mike Campell Natural Resources-Marine Program (project description) (Owner's contact person) (title) Apri12020/August 2020 $ 543,785.41 y 239-533-8133 mcampell@leegovnet (project completion date) (contract value) (phone) (email) 5. Mystic Pointe Marina,Phase I ..._,,,..,_ Mystic Pointe Marina Condominium Association,Inc (project name) (project owner) 3575 Mystic Pointe Drive Aventura,FL 33180 Same as project location (project location) (Owner's address) Floating Dock Reconstruction Todd Tennen Marina HOA President (project description) (Owner's contact person) (title) PH I May 2021/August 2021 $1,606,338.64 305-301-3162 biminifish@yahoo.com (project completion date) (contract value) (phone) (email) Note:In addition to Phase I,KBI has been contracted to complete Phase II and III of the Mystic Pointe Marina's improvements to their docking facilities. Company: Kelly Brother Inc. = ''✓ -Signature. Date: 12/11/2023 ,..._ _ _... _.. 17a city,President Kelly Brothers,Inc. 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida Please see our"Sampling of Project Experience"following this page for details on projects that demonstrate the depth and breadth of our experience.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. Construction Solicitation Doc rev 04152022 ,ci 1 1 G - ,, g aCGC151978Q KELLY BROTHERS,INC Samplingof Project Experience 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239) 482-8014 www.kellybros.net 1 1 G ,lye E i CGC1519780 KELLY BROTHERS,INC 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. KBI constructed 550 LF of vinyl seawall with a helical tie 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 construction of a 4,746 S.F.fixed dock finished with WearDeck composite decking. Additionally, KBI assembled and 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 five 40K boat lifts 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 concurrently power multiple mega yachts. Location: '" • x 1400 N. Collier Blvd. 14',41 Marco Island, FL �l jar: � Owner: er"t t ig -aim. Marco Island Yacht Club .;.mom Engineer: ik . Turrell, Hall &Associates 3584 Exchange Ave., Ste. B Naples, FL 34104-3732 Contract: -' Prime Date Completed: November 2021 Final Contract Amount: �- # x I � Lr • V� • 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1G .„"t CGC1519780 KELLY BROTHERS,INC Water Control Structure No. 108 North Port, Florida Kelly Brothers (KBI) was the prime contractor toc 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, riprap, 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 &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', dredging/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 riprap 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. Location: Cocoplum Waterway, ' i W. of Collingswood Blvd. ' iie,!.k, -» .a North Port, FLt r� ° ` r ` a # r. Y*m'i th. i tii�Jlonm �_s awl LOvi*44aMt,rowzra � �°t Owner: .. , • , 4a�rrswrrrsatr, .4it City of North Port ,; � — _, Engineer: `P» _ rv''''ti 4_ Kimley Horn ` 1777 Main St., Ste. 200 .r .. ' Sarasota, FL 34236 ry �" �aP Contract: _, _ , ,w�� r . _ ._ w a . a .. Prime Mt ,.. Date Completed: '; 4q ram"' June 2022 �X � Final Contract Amount: +» `° t b 4 = $2,257,458.05 .- , ,, 3 i,. - ,5, f a Pe '"s `'firs f r.'„A /—Zig,.1 ' ''.'1 '. 'r '' :° t-417,0* 4..,,,,,', .t. % i ,,5 ' ' -1,,.,*.ir,v, •,4 ,/'P ' „,„; , • . ... , A§+1; ' ' -*"-r"7,-Ia./5i',• -r,„,z-1,:iiii,07%- , 4,,.•#.• . 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1G ,II lf ':>> ,,,,„ a CGc1s1s780 KELLY BROTHERS,INC Ville de Marco West Marco Island, Florida Phase I of the project consisted of installing a 365 linear 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 linear ft. 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 lb. 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 filling 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 linear 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 viewpoints, and a fish cleaning table. In addition, a 500CF 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 backfilled. Location: � . , 1206 Edington Place a " f Marco Island, FL x «,,,r,„ tw Owner: �I i `� `��' , r;�ub-ate ti�w� v•� Ville De Marco West, A ' E • '. *0 K ,, -, � ' Condominium, Inc. 'Pii ''': '4 fi yam; s.„ `ter 4"`"6, • 1;47: 41:4 Engineer: � Coastal Engineering Consultants � 1i �; 28421 Bonita Crossings Blvd t Bonita Springs, FL 34135 , .: ,�, ",.;4 "� ' � Contract: -''-, --- .sue r� . Prime , ` - . ,. �F Date Completed: �, ,� May 2020 "~= - .5 Final Contract Amount: ? yy -`" "13. ip, $4,186,298.20 ,,, :.. a 'wool.mow 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F. (239) 482-8014 www.kellybros.net 1 1 G I 9, aCGC1519780 iiiMMOUNMMElillar KELLY BROTHERS,INC 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 riprap river bank and construction 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 block, all of which were placed by KBI's skilled divers and equipment operators. The landward section of the boat ramp is all cast-in-place concrete. The new 1,200 sg. ft 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'fixed dock. Phase II involved the upland rejuvenation of the park. Asphalt was milled and existing grades were modified to incorporate new ADA boat trailer 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: , . ,�, ,:A E : 21580 Pearl Street ,, +�� '" ` °� '' �� Alva, FL ' �»< �!� a ,, Owner: ,,. ., Lee County ••: - 7 gy . V° Engineer: Coastal Engineering Consultants -a ' t ` "' a "44 """ 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 b Contract: Prime ,` i Completion Date: ` ' '� . s'. August 2020 Contract Amount: , ' $543,785.41 �. s E, v � ;.,,,,CA4.,.,ea.,:4 7 i , ,,, la a dr , ILi/lopt .. roi . Edit""` ' • � a` 4,` i 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239) 482-8014 CA O www.kellybros.net 1 Z G x, CGC1519780 P KELLY BROTHERS,INC Mar_air ineMax 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"x 24"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. Sarasota, FL 34236 Owner: ,Y.T.' , 1 MarineMax East, Inc. ' A1" 4 . ie M Engineer: f�i .. # rz. mi- -. , " Hans Wilson &Associates Ifr 1938 Hill Avenue «�—,- - g Fort Myers, FL 33901 1 Contract: Subcontract " �4 �: Prime Contractor: :.## ' ,~,, GCG Construction x� ! �-; �'` �"� � '," "� 6819 Porto Fino Circle, Ste. 1 1 ` Fort Myers, FL 33912 �° Date Completed: September 2019 Final Contract Amount: i+ 4.' ; } ;., t .+ x a $348,851.66 �" ." . ' ,Y �� } _Air' _ 3 A MAW 80",Am -a {b i , trw ' ^v x. e; q / dI's'If •.y� '�.d" .. fit �. xC 'H Yib, y=. /y' $ x I re , aµY — sky j Is x�. t sty a 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 . F: (239)482-8014 www.kellybros.net r 11G A a..,, „I 4 p CGC1519780 ___1- KELLY BROTHERS,INC MarineMax Naples, Florida Kelly Brothers (KBI) was contracted by GCG Construction to repair 90 linear ft. of concrete seawall and cap destroyed by Hurricane Irma at the MarineMax, Naples location.The original seawall had separated and shifted approximately 3 ft. from its original location. KBI removed the existing concrete panels and installed 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 6th Avenue S. Naples, FL Owner: ` MarineMax, Inc. ,Q ,. ,, , Engineer: 5 r Reuben Clarson Consulting t `,: ` ' t 750 94th Avenue N., Ste. 213 St. Petersburg, FL 33702YA w Contract: Subcontract c Prime Contractor: � GCG Construction 6819 Porto Fino Circle, Suite 1 ; Fort Myers, FL 33912 '` r t Date Completed: �' February 2018 t , ' '''t`'.- 1` Final Contract Amount: ..A,m' � ma's 0 a I i ti '�a xdi ',gym` . s � st +w r yam. : , : 11: q Ns ill $ _,,,aiiiiiiite,---, . , ,... 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 bro www.kellys.net � "� 1 1 G 2 a, ,, 1 CGC1519780 KELLY BROTHERS,INC 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 ft. Deadman also of ZZ-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 v Owner: , ' �w MarineMax, Inc. - l.) !ii .:- :., 4 Engineer: ; ,� �z ' f:,�:.' ' I ,re ; ;r Hans Wilson &Associates - �� 44, , I > ° ,, r 1938 Hill Avenue -e' �' Fort Myers, FL 33901 i Contract: Subcontract 1, � 3 1 Prime Contractor: sl it/g l "v —•_,0,,,,,� g ' ' ' ft lt GCG Construction, Inc. , " � i 6819 Porto Fino Circle, Suite 1 .y :4'{. r Fort Myers, K FL 33912 "" - '-\ ' " `` i Date Completed: April2017 1 - a ,,., �t ...... -7:- , ''''4004104 .. '7.7- r . , „ „..., , .. , Final Contract Amount: �, ,,�• . „.. " ` ' $269,211.00 ,.:"-', —" 44 - ; , '' - P 4 m ,-;; ;;!. ' , ,i ; 'Ike ti % ,. , ti 'M , , ' 7,— r ' ' ' °lac,4! ..":2=-1 c CAI�� , , r are NN1` 9 rR 'K 4 t - i # ''-it't' 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1 G .........dirP 0‹,4-61 al CGC1519780 KELLY BROTHERS,INC Mystic Pointe Marina, Phase I Aventura, 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 10,653 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 facilities. 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 25,410. Location: s =:. Po "w; '`° ': 112 ' 21 ., . 3575 Mystic Pointe Dr. t lid. " t - 217 � , Aventura, FL Yv `� _, - « : ,, ° 4 t' ' ,k a 5 3 h it ' '" , 0 [i 144,71)41 � x, ii it'll' wr •. Owner: . ',,,,„.ft Mystic Pointe Marina ,. ; ,-, ` _ a Condominium Association, Inc. ,N. r � u: Engineer: 'r .. Thomas Checca, P.E. - .1 , 11568 NW 73rd Manor v' Parkland, FL 33076 { Contract: ., Prime .. PH 1 Date Completed: .k August 2021 �� "Tforo, e a` PH 1 Final Contract Amount: ,.: , r v , $1,606,338.64 ��- fg -- - --:-- ., , «;, , fig'.. S' f . r ir_ i` {{ ,,`, ' r ' . ;iiiiotai.c— '' .';:c' 4 -A I 1 I i { I I � .., _ _- 4 ^ice m , F ;1 -• r, em- ' 4 _ : a s i ,-,,,r, �,, a ,,, ,, _," 3 Er� _ a� ` -o.._-:::: t� `p F x a - ' 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1G I aCGC1519780 KELLY BROTHERS,INC 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 at the City's Venetian Gardens Park. The design/build project consists of 4 fixed docks totaling 1358 sq. ft. with 4 gangways leading to a 545'x 8' floating dock with 43 slips and 22 finger piers measuring 3'x 20'. The fixed docks are constructed on 10"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 project. The 5,746 sq. ft. floating dock 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 lighting was installed on the fixed 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 capacity on an as need basis. Location: 109 E. Dixie Ave. Leesburg, FL 34748 Owner: City of Leesburg .. y,; Engineer: ', r 4.*:.. 1" Sea DiversifiedAte° 3 160 Congress Park Dr., # 114 m ',wad -6, _cvz i a ,.._ Delray Beach, FL 33445 z . i' , t. • Contract: ' ,., , ,.,. r"" �' < ; a 1*. 4 Prime , ;, k , Date Completed: 4 � 11 . ' b,,„,, ' .. 'w Design: July 2020 . °• Build October 2021 • Final Contract Amount: Design: $74,916.00 • " - b,�> Build: $1,103,050.75 to . ri.~..'4Lt 0,hoott,,,1..,.,. �.,,... i, m - $.R '' ..... w..-. zta .vc,,a - ' hillLi -- 8 a lttlltt� ar 4 4 �� s V 4w A.' 441.1.1i4EL, ;--- , . ',Jo-J:0904e. -- . j , it. A 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1G ,,,,,, -,,,,4 CGC1519780 16 a, .............. KELLY BROTHERS,INC Naples City Dock 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 &IPE fixed docks, reconstruction of three overwater/floating buildings, design-build fuel system, and all utilities (fire, water, electric and waste). Dock boxes, signage and fish cleaning stations were provided as part of the finishing touches for this new and improved docking facility for the City of Naples. KBI worked in conjunction with the City of Naples utilizing the City's direct purchase program to generate a sales tax savings for the project. This multi-million dollar project was completed on time and under budget. Location: _ - 1 E ' .. 735 8th Street South Naples, FLU, Owner: ?: • ham. City of Naples Engineer: 0 Turrell, Hall &Associates i . 3584 Exchange Avenue i fr �„ �' tE yy Suito B k 1,, """",S" k. ^ L e, Naples, FL 34104-3732 „ o. � Contract: M Prime • . Date Completed: k Av February 2018 S , ,r, mow+ ''' Z,-: . �a -mow • Final Contract Amount: $5,901,805.05 � � �s w w d � :.g yy �'{ ' f •#.►IR � a,1�} . 1,k1r:./,( f'ram0e� *ILIA ,Y-,,I s, w— . �_ .E . � " ; „ a k4 a""v.g s. yr` p < : ! a "z ..,i,, ,,,.4.' 1-agli*,'' - Vel-* 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F. (239)482 8014 www.kellybros.net 00 I 1G .. g aCGC1519780 KELLY BROTHERS,INC Tin City Naples, Florida Kelly Brothers (KBI) was the construction team responsible for the waterfront restoration of Tin City after Hurricane Irma caused massive seawall and boardwalk damage at this historical restaurant and shopping complex.The project started with the demolition of the failed seawall and boardwalk.The new 392 linear ft. of seawall was constructed as a resilient H-Pile Combi-Wall. Steel H-piles were drilled deep into rock, steel sheet piles were driven into the rock, all topped with concrete cap.The seawall was engineered to cantilever on its own; independent of tie backs. Zinc anodes were welded onto the steel sheet piles below the water line. Over 1,900 sq. ft. of new IPE boardwalk was installed, supported seaside by the concrete cap and landward by new pressure treated pilings driven into the land. Over 400 LF of hand railing was also installed. Two mooring facilities were constructed with 14"wood fender piles, along with the removal and replacement of a floating dock. Construction of two decks, backfill restoration and utilities were also part of the KBI's responsibilities in the restoration efforts. Location: 1200 5th Ave. S 1 Naples, FL • Owner: pk Herbert Chas Pohlmann Jr. Engineer: 0,24K f> Turrell, Hall &Associates ° I , 3584 Exchange Ave., Suite B o! .:.,;. �,, ,$>i `: Naples, FL 34104 ,. a11 , 1 � � r" ; Contract: ..:,.i . _ ' , Prime " Date Completed: December 2018 " :'- ,�" ' V .,,.:` ** .,., ;<, t. �. f M � �— Final Contract Amount: $1,547,311.03 , �' '' , _ '1i Marine # fi ,;Construction °,Y:. , `re . l JMAGAZINE . , ' 7 , , ., , i. r T '` �! �. j ,.._:. ...., „omit. :---;„:1- 0..., , ,,,, '� ,� 9" 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net -T 1 1G x ai CGC1519780 IIIMIIIIIIIIIIIIIIIIIM KELLY BROTHERS,INC Tarpon Club Marina (South) Naples, Florida Kelly Brothers (KBI) completed the revitalization of the southern docking facilities at the Tarpon Club Marina, centrally located in the Isles of Capri, between Marco Island and Naples. This marina facility has direct boating access to the Gulf of Mexico. This project consisted of maintenance dredging 463 CYs and the demolition/disposal of 4,039 sq. ft. of existing floating docks and fend off piles. Once completely demolished, KBI commenced work on the construction of 7,195 sq. ft. of concrete floating docks and 1,347 sq. ft. of timber fixed docks finished with Wear Deck composite decking. Three custom forklift stops were furnished and installed as part of the site's notable improvements. The installation of the fuel system, and all utilities (fire, water, electric and waste) were also completed within KBI's scope of work as the general contractor for the site's marine construction activities. Signage and rope railings were provided as part of the finishing touches for this impressive marina's southern complex. Location: 250 Capri Blvd. - 4' , Naples, FL .': _ " ' ' f. Owner: _ �:� a , FCC Beach &Yacht LLC � , _ ' `e� 4c,, Engineer: I ': o 4 „,'$ Turrell, Hall, &Associates ,. 3584 Exchange Ave, Suite B ' A* :000, .,;:1,4.#1. ',,,...- , 4,,,„4,,,,,: .,' ,.: - , tti: , ,. Naples, FL 34104 Contract: , t, Prime Date Completed: February 2023 s t � t. 5 ' e * Final Contract Amount: '`" ` , , $3,358,171.77 oa , � x a 0 # *%'i i A - / y, 2i ' S¢ -, 4-1! 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net A 1 1G el CGC1519780 KELLY BROTHERS,INC 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 thus 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, totaling 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 extinguishers and the installation of shore power and water for each of the 36 slips. Location: 405 Park Shore Drive "-� 7' Naples, FL * w --+.� Y - i-~ - .a Owner: - _�"�' Park Shore Landings 1 -*' �j Condominium Association t � y "".:�'` air ' �. Engineer: 1 M.0t .. �•„ • Turrell, Hall &Associates . 3584 Exchange Ave., Ste. B S y5 Naples, FL 34104 ''''' '''' ' ' r es,,..,,,,-;,,,,,.1. ,; . ,,‘,,, 4' ' ` Contract: Prime Date Completed: February 2022 Final Contract Amount: $1,784,242.22 . ~~ ,� , o �:.r ,� 1. €> j . e . + r'1 - .�L _: N,9rCt cir �� 4 � Ir ' - , i e C-;� t 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F. (239) 482-8014 www.kellybros.net f 1 1 G CGC1519780 miummimillIr KELLY BROTHERS,INC Powerboat Marina Naples, Florida Kelly Brothers (KBI) was contracted to design and build a new seawall and boathouse to replace the 60+ year old, 15-slip Boathouse B and existing seawall severely damaged during Hurricane Irma. Worked involved design, demolition, 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 office. Construction then started with the 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 -5' 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 manufacturer 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 12.75"HDPE sleeves. In addition to the seawall / boathouse work, existing docks were repaired and reconstructed as needed, which included installing water and electric at each of the 15 slips. Electrical work also involved relocating / upgrading a 16-meter power bank. Site work including importing fill, 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: ',7 701 11th Street South Naples, FL 34102 `,.„ ' ,f 41 Owner: ~�.,.~`' -.-..-- ,,.� ", Powerboat Squadron Marina �-�"/..,::::'..,,, ` - �, ,,.N,� - Association, Inc. ":::- -- ` ' -° , Engineer: K :� � �, Coastal Engineering Consultants -' _, : 4 '' 28421 Bonita Crossing Blvd — , Bonita Springs, FL 34135 1 7., riti a € . 2 ,i'- . "` F =rr1s . r Contract: 71r: 7 :1-.1„:"--_,,...:: sz Prime Date Completed: ,,,,:, i ,'_„0„: tJuly 2020 ' a :t rh " Final Contract Amount: - - - ` °-, " $2,036,839.00 -,-- -, ,,,, .„;_i--,- - wool-A- -i. %iv .„,..,„,,,z„.."...viaplijottlitivilit,i17.," 4, 3' ;Ills ut p .� .14,E IMi .� :''1 . � � �..�..:. sir ,� t = 1 ,; 1 y 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 '' www.kellybros.net 1 1 G ,. .(-414. fecbai CGc1519780 IIIMIIIIINIMMONdr KELLY BROTHERS,INC Villas at Fortune 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 performed was in very close 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 backfill, sod, and 6'galvanized fencing.This work was completed within budget and on time. Location: 1201 Simpson Road a • Kissimmee, FL ;�° i. Owner: s , � � ,� Tohopekaliga Water Authority Engineer: Wekiva Engineering f3 ,- ' 4 711 N. Orange Ave. Winter Park, FL 32789 " Contract: 'f Prime Date Completed: ' ""miffifir'',..1,May 2018 � .. Final Contract Amount: TT" " '° """'" $708,777.73 % 4eik Pe' -'''''' 4,..,,,,,<' *It'll. • .,. '1 4:,i'• tc, . ,., :A',, , 4.. ,:,. ...' .°',1''Nfkmillnf ' ' r"...., ,,,,,,,,,,,, 111 ' ' ..'''I'''''''sg , '° ^ t - ''' ' ' :'"Illri ;41 �� v ¢ ice;, " ti.. i }``" �' �$k '� " '" f N ,, -44„.rt.-,1 ,, 14, x f 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net ri 1 1G g al, CGC1519780 KELLY BROTHERS,INC Mangrove Avenue Seawall Naples, Florida Kelly Brothers Inc. (KBI) was awarded the design/build project for the replacement of a 53 LF canal-head 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 construction. The design/ construction incorporated concrete sheet pile to vinyl sheet pile transitions in the 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 to 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 piles 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: 4°. Turrell, Hall &Associates ar„� , 3584 Exchange Ave. Ste. B a= e " f Naples, FL 34104 , s rh ' Contract:,„ ' � Prime Date Completed: .' ,,, ` .. '",`, - December 2021 s'" x .. ..— -,i # , ,, Final Contract Amount: ` 'e"+4`%$0,r ,, ter' , $124,983.00 :` 1 "�� L tN � t rF y f 4; ". tea'„ c as.."ate .� `a� a € y -r.two;Y F , A sw " .;y .:s.a�itsw.. t 3°' as ie„•a'I � .: 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1 G CGC1519780 r4 a ............ KELLY BROTHERS,INC Pahokee Marina Reconfiguration Pahokee, 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 ft. wide. We then extended a 2nd breakwater, adding approximately 480 linear ft. of steel sheet piles. KBI placed 4500 tons of armor stone and 900 tons o,f bedding stone, lining 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 finished six (6) weeks ahead of schedule. Location: , 190 N. Lake Avenue r � Pahokee, FLfA Owner: ' Palm Beach County Board of County Commissioners , �_ Engineer: t �� , WGI , .y n. 2035 Vista Parkway ;� ' 1if t d fT' West Palm Beach, FL 33411 x . , Contract: t } Prime .� �; ' Date Completed: ? ,.iritto May 2017 Final Contract Amount: $1,194,208.82 Aftt..**:*'.7rWitrir' ' ' - - AkAsio .,..�'�' ,__._s_. - � � .�ate, J /'d. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482 7300 . F: (239) 482-8014 www•kel lybros.net di 44, 1 1G 9 a CGC1519780 KELLY BROTHERS,INC 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 then 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 the approach sidewalk and the installation of heavy duty handrail along the raised sidewalk area.Two fixed piers, 5'x 70'and 5'x 50', were installed with pressure treated decking and fendering for boat mooring to complete the project. J ' ^ •, • , Location: ' 47420 Voyageur Drive `, 7'- ,- , Punta Gorda, FL ' r ,,: �- r r _ . 1 ' 4I . Owner: b : 4, Charlotte County BOCC 1 €�< Ir - Engineer: • Weiler Engineering Corporation I t f, „or- ,,,0; ,, __, •, 201 W. Marion Ave. Punta Gorda, FL 33950 - F Contract: '"_. Prime ` H Date Completed: February 2018 ,, � s : Final Contract Amount: .3 .. * k J^ X. �zt , ea � r }#`." =ice ter y ,..+w'r '774 ,:=1 , i't .....- -.r „,,- �.: ';�a .cam a _ `"t tA Y ,„'tea, ,. ?: .��. °.` r / a -o'' ' S. ` Y 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net :y..).- 1 1 G . CGC151978d ttl KELLY BROTHERS,INC 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 by 2 feet.The addition of ADA parking and sidewalk now allows for handicap access to the new 64 ft. long boarding pier. The project was finished three weeks ahead of the schedule. Location: 6919 26th Street West ti;r �. Bradenton, FL 34207 ° " Owner: '' Bayshore Gardens Park & Recreation District ;., '" ":. €A,, r;; -:: ''' .' ::".7._7.... .;"''—Ott: Engineer: I Coastal Engineering Consultants $ ""I . k ' • `" : 28421 Bonita Crossings Blvd ° Bonita Springs, FL 34135 x �3, ,„ �=.. ,.e .._ W. +x v ��Contract: .. . an t 'PPrime y ','• caF �^" '; & '"'m s 4, ,Date Completed: � � �y .€ € ,x, , . ,. ,, ' ,.June 2019 Final Contract Amount: ,, ` ; Ai $314,146.20 „' == `Y K., 'lA f k lf.,,, yyfS d ,,, � 441: ' : '1 Afi N., ' ,,,i- , - 1„41:7114:';')11:1`.1'1:4.14..4 1I y r- ,J §'71I� � Ali 1, . ' ' 4kTr,S _per... �� x es L s: ,ij+ . 1.4 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 . F: (239)482-8014 www.kellybros.net r::%' 1 Z G ,fix 9aCGC1519780 KELLY BROTHERS,INC 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: „iii /, 15001 Punta Rassa Rd / Fort Myers, FL 33908 ' ' Owner: i rL ;>: H: „a,,,.,.. Lee County BOCC '''sail ..', .�„ -71E7 tillillll�a IMl f' Engineer: ; e . :d ' x,,. Coastal Engineering Consultants -." �"'" ` ° k 28421 Bonita Crossings Blvd ..- , ! ... Bonita Springs, FL 34135 , � , Contract: .-i . °. �" Prime '' ,fix r a A .IA ' 3.*4 ' •3` s. Date Completed: x' I December 2016 1 A r „ • '. " r '°fit Final Contract Amount: rt $609,840.00 . _ . ,',r:;,"" ' ' ` �' . : :a .. a :�_'v. , , rat. ®, A.. • 1'i1 2." "— k. 'Klydk 04« ',11 )"at ! '. ✓: , .41, 014 '-' - .,.., ": , -r—, -wt*440.,7,,i V 4,11. f - ,,',' --4."---'' a '''-'"`"'—'71.,...6..,,wo,141 `11+1144.r. r It- — riti,,,,-7 , ,,,-., ,,,,,..,..„,, ,,i,,,,,, N. , , ,,,,, I. ., -if, 1 J..4. P:� 14 i h , 1 totii 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1 G fi4(00:,611 CGC1519780 KELLY BROTHERS,INC Pine Island Commercial Marina St. Ja mes 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 tieback system, armormat scour protection, utilities, sidewalks, and the relocation of the marina office building. Location: r ig,;P 6001 Maria Drive y / i y a St. James City, FL 33956 , s t' k 4 Owner: Lee County Architect: $. ' Coastal Engineering Consultants 28421 Bonita Crossings Blvd ` ' � � g Bonita Springs, FL 34135 tl Contract: - 'a -` Subcontract .-. i 3' i dto: Date Completed: "" April 2016 Final Contract Amount: $628,899.22 y4 88Y'- N 1 1 C4' ti. 4 �: C '' .....:.'';1 rljt 0)141., . . s,,,,,, ' - ' ' '''''' - - a , . 1 4e,f4,41"°::\yt‘ ' A/1 °'-7;-.1 ' • ' -,. ,,,' t ,-/ ,,z -; .‘' 'k . ? .., .— '''' 44 "1;4, 401* 4 ' , ',t1,:kii i 4/,m o.x •ink;.ge oa; • .,r yer , 31u ,... P: (239)482-7300 • F: (239) 482-8014 www.kellybros.net 1 1G ' " ► CGC1519780 KELLY BROTHERS,INC Letters of Recommendation 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239) 482-8014 www.kellybros.net 1 G MAR( IsLANII) A ( 10 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, I 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 I 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 Club associated with the project commented to me about the skill, diligence, and responsiveness of KBI employees working on the project. I 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 team'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 'well 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 that approaches the capability and customer focus demonstrated by Kelly Brothers, Inc. Da i verFrt Chairman, Board of Directors Marco Island Yacht Club 1400 N. Collier Blvd. Marco Island, FL 34145 1 IG June 25, 2020 Ville de Marco West Where the 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 %2 acre of land, exposing the area to the invading waters of the Gulf of Mexico, and depriving 10 owners access to their homes. Kelly Brothers, Inc. was hired to restore this beloved piece of paradise, 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 remediation of the underside of the undermined building. Whether in the board room or in the field, Dane and Travis Kelly's expertise ensured an excellent 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 life 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 President Board of Directors Management Office, 1206 Edington Place, Marco Island, FL 34145 Tel (239)394-3099 Fax (239) 970-6065 vdmw@villedemarcowest.com villedemarcowest.com 1 1G ppCOASTAL CECI Group Services ENGINEERING Coastal and Marine Engineering Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping .........:........ :.... INC. Website: www.coastalengineering.com A CECI GROUP COMPANY October 5, 2018 RE: Reference for Kelly Brothers,Inc. To Whom It May Concern: 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 replacement project on Marco Island. During this time, I have found them to be very competent in their undertakings and have demonstrated good communications, strong work ethics and have approached each project as team players. They take a personal pride in completing the project on time 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 to contact me should you have any questions at 239-260-3776. Sincerely, COASTAL ENGINEERING CONSULTANTS, INC. A /to Mark A. Kincaid, P.E. Vice President of Engineering r?.t (;.(.:;(peg/roro(.(,o;racr» Rile reurc</rr K It,B;.;rher<Lr<. t.LIK 2(;IS r 5,,k,Gf 3106 S, Horseshoe Drive,Naples,Florida 34104*Phone(239)643-2324*Fax(239)643-1143 *E;rnail: info ZIcecifl.com CA C;'!2:'t;1'(;c()i s"1 '� co l.:,;? \II ILC,M'i'C'1: l v7% 11G ii MGCCI CONSTRUCTION October 21, 2019 Dear Kelly Brothers, Inc., Our team at GCG Construction, Inc. wanted to let 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 professionalism and work ethic that has become increasingly harder and harder to find in our industry. Every obstacle was met with immediate solutions and every attempt to reduce any impact on our client or the marina operations has been greatly appreciated. As you know, so much of our pipeline of work is based off word of mouth and repeat business. GCG has received much acclamation from the MarineMax staff on KBI's performance. The staff has recently witnessed numerous trades and contractors over the past year and have many times acknowledged KBI as one of the most impressive. These comments were specifically directed towards Jorge and the crew 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 crew with excellent communication. This team effort and project experience speaks volumes and we appreciate it. We look forward to more of the same as we 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, 601 Teely Byr Vice President GCG Construction, Inc. 6819 Porto Fino Circle Suite 1 1 Fort Myers, FL 33912 Tel: (239) 454-7304 I Fax: (239) 454-7352 www.GCGbuilds.com CGC1507846 1 1G CONSTRUCTION March 27, 2018 Mr. Dane Kelly Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 RE: Letter of Recommendation: Seawall Replacement- MarineMax, Naples, FL To Whom It May Concern: On behalf of GCG Construction, Inc. I would like to thank the Kelly Brothers team for the replacement of 90 LF concrete seawall and cap destroyed by Hurricane Irma at MarineMax in Naples, 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-in- place with steel reinforcement. All work was completed per the plans and specification throughout the construction process as documented by the Engineer of Record. Our client, MarineMax, appreciated the communication during the project, the expedited processing and execution of requested change orders, and maintaining an organized jobsite. It is with great pleasure that I recommend Kelly Brothers, Inc. as a contractor for any type of marine construction that you may be considering. The project was a complete success by all accounts. GCG Construction, Inc. looks forward to a continued relationship and future projects with Kelly Brothers. incerely, Jim Del Vecchio project Manager 'GCG Construction Nothing we do is more important than planning and performing our work SAFELY 6819 Porto Fino Circle, Suite 1 , Fort Myers, FL 33912 Tel: (239) 454-7304 Fax: (239) 454-7352 www.GCGbuilds.com CGC 1507846 11G CONSTRUCTION April 21, 2017 Mr. Dane Kelly Kelly Brother, Inc. 15775 Pine Ridge Road Ft. Myers, FL 33908 Re: MarineMax-Sea Wall Replacement Ft. Myers, FL Mr. Kelly, On behalf of GCG Construction, Inc., I would like to thank you and the entire Kelly Brothers, Inc. team for the effort and service provided for the Sea Wall replacement at MarineMax in Ft. Myers, Florida. The project was completed 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 steel pile dead men and a new poured-in-place concrete cap. All work was completed per the plans and specification as documented by the Engineer of Record throughout the construction process. Our client, MarineMax, appreciated the coordination with the barge move in/out and is very happy with the final product. By all accounts the project was a complete success. GCG Construction, Inc. looks forward to a continued relationship and future projects with Kelly Brothers, Inc. Sincerely, Andrew Solon Senior Project Manager GCG Construction, Inc. 6819 Porto Fino Circle, Suite 1, Ft. Myers, FL 33912 Tel: (239) 454-7304 Fax: (239) 454-7352 www.gcgbuilds.com CGC 1507846 11G To Whom it May Concern: I am writing to recommend Kelly Brothers Inc. (KBI) as an outstanding provider for marine construction services. I had the pleasure of working with Kelly Brother personnel on the City's waterfront revitalization project at the Venetian Cove Marina. Kelly Brothers was the prime contractor responsible for the design and construction of our dock improvement project, which included four(4)fixed piers, a 545' floating boardwalk, twenty-two (22) finger piers and dock lighting. 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 to 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) 728-9786 ext. 2331 or via email at John,folker@leesburgflorida.gov Sincerely, 264-frtZ. ��a4A, John Folker City of Leesburg Public Works �yM1[GEk4,YT C!!R wR ,4":• 4.5 � � K� � � �� NAqESCn,DOCK TELEPHONE(23Q)213-3O70 * FACSIMILE (23Q)213'3O72 88O12n'AVENUE SOUTH oN*PLES. FLORIDA 341D2'87B8 To whom it may concern: It is with pleasure | write this letter Ofrecommendation for Kelly Brothers, Inc. | wish to acknowledge the high standard of performance, professionalism, and diligence exhibited by Kelly Brothers during their work on the Naples City Dock noU\ti-no\||inn dollar renovation project. The task included a combination of fixed and floating docks, the reconstruction of three Ovenw@ter/Do8dng bVi|d\nga, design-build fuel sySt8nn. and all utilities (fire, vVater, electric and VvmSLe\. Kelly Brothers was responsible for the oversight of the entire project; they self-performed 64% of the work and directed multiple subcontractors. Particularly noteworthy was the attitude and cooperative reactions by key Kelly Brothers' personnel tOdifficult and tenuous conditions caused by the intricacies Ofmarine construction. Their employees kept the site clean and tidy, and were always polite and professional to inquisitive 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 nl3ypreSent. 8stheydidvv\LhoUrs. K8y experience working with Kelly Brothers over the course of this 1 0-month project clearly demonstrated to me the City made the right decision to use their outstanding firm. | vvoU\d recommend P{e||y Brothers to anyone demanding quality workmanship for projects inaOd8roUndtheVvater. 0!ogcr ]ucobscn [{ayhorN4uy\c|' City of Naples. F\or\du 1 1 G TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue•Naples,Florida 34104-3732• 239-643-0166•Fax(239)643-6632• tuna@thanaples.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 additional information please contact me at(239)643-0166 or via email at patrick@thanaples.com. Regards, Patrick Scheele, Staff Engineer / Project Manager Patrick@THAnaples.com q 1 1 G Naples Powerboat Squadron Marina 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 of workmanship and a finished project that we are very satisfied 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 Kelly Brothers took special 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 continue working with Kelly Brothers on future projects and highly recommend them to others. If you should need any more information regarding Kelly Brothers' capabilities and work ethic, please feel free to contact me. Sincerely, s(�Cam-t C AX,(}- B-C1A Scott Schwalback President Powerboat Squadron Marina Association, Inc. PO Box 1055 Naples, FL 34104 Cell: 239-825-5336 Email: scottschu=aIback;a,rzre.corn 1 G Tabu Water Authorit37 bringing you life's 951 Martin Luther King Boulevard, Kissimmee, FL 34741 most precious resource Tel: 407-944-5000 (POW www.tohowater.com September 6, 2018 To Whom It May Concern: It is my pleasure to provide this letter of recommendation for 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 landside and 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 and consultants. All concerns and questions were promptly addressed in a professional manner. The crew was committed to the task from beginning to end, resulting in a successful project. Throughout the duration of the project, their commitment and integrity have been without question. Kelly Brothers' commitment to customer satisfaction, quality of work, and on budget performance has been evident throughout the project. Toho Water Authority has found Kelly Brothers to be an outstanding marine construction company. I highly recommend Kelly Brothers for their outstanding work, qualified staff, and attention to detail. Please feel free to call me at 407-944-5025 should you need further information. Sincerely, George Eversole, P.E. 1 1G TURRELL, HALL & ASSOCIATES INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue•Naples,Florida 34104-3732•239-643-0166•Fax(239)643-6632 •tuna@THAnaples.com March 17, 2022 RE: Contractor Recommendation Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 To whom it may concern, Our firm has worked with Kelly Brothers Inc. for over 25 years on a variety 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 contract conditions are followed, pay requests are submitted on time and proper permits are secured for all work. In the last 14 years I have personally worked with Kelly Brothers Inc. on projects that range from re-decking a multi-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 at the number in the letterhead above. Regards, Joshua W. Maxwell, P.E./Chief Engineer Turrell, Hall & Associates, Inc. 1 1G 4bQ C S60 • Wir .1 °RS 1)eparinient ir1 f:rrtiswolrl€nlral Resources iXang:mien( May 18, 2017 400 North Jog(toad.44')iaor Wart Point(3coch.1't.33411-2743 (561)233-2400 FAX:(561)233.2414 w w disco er.lr(u tot orb care SUBJECT: LETTER OF RECOMMENDATION, ■ KELLY BRO1Ill ES,INC To Whom It May Concern: Palm Bench Cooney Round of CountyKelly Brothers, Inc (KBI) was selected by Palm Beach County as the contractor C:rrnrntit»iunr r, to construct the project listed below. Paulette 13urcrcl: mayor Project: Pahokee Marina Re-Configuration and Fisheries Enhancement Melissa MiKiniay,\°iec Mayor Owner: City of Pahokee Project Description: Construct 480 linear feet of sheetpile and install 4,500 tons 1'11 R V'''er 1u' of armor stone as fish habitat. Dare Kerner Construction Dates: 11/14/2016 to 5/10/2017 S.ttvctt L Abrann Contract Amount: $ 1,154,957.12 Mar) Lou Berger This was Palm Beach County's first project using KBI as a contractor. The work ""iiril was constructed on time, within budget, and without incident. KBI was proactive in resolving any issues that arose during construction. In addition, KBI coordinated 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 County"tirl""°ist"``°` definitely recommend Kelly Brothers, Inc and hope to work with them again in \`erdenin C. 13:11(cr the future. Please feel free to contact me with any questions at(561)233-2519. Sincerely, An F,Eiza Opporitfnrl)' ri/)tr'rrurri;x',tt ti,sae Etrtplrr<r" Reubin Bishop, Sr. Environmental Analyst Environmental Enhancement &Restoration Division RB:dab H:\Recommendation-KBI.doc 1 1G WEILER ENGINEERING CORPORATION EB-6656-ENGINEERING SERVICES INCLUDE CIVIL I LAND DEVELOPMENT!WATERFRONT RESORTS I UTILITIES I MUNICIPAL. GOVERNMENT I STRUCTURAL I MINING I GIS-GPS Ix e len c e in en gin ring June 20, 2018 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 Weiler Engineering Corporation would like 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 like to discuss further. Sincerely, The Weiler Engineering Corporation ^.✓JF 0 rr.. e Mike Giardullo, P.E. Director of Civil Engineering PUNTA GORDA OFFICE: 201 WEST MARION AVENUE-SUITE 1306 I PUNTA GORDA I FL 33950 TEL 941-505-1700 FAX 941-505-1702 MARATHON OFFICE: 6805 OVERSEAS HIGHWAY I MARATHON I FL 33050 I TEL 305 -289..4161 I FAX 305 289-4162 KEY WEST OFFICE: 6630 FRONT STREET I KEY WEST I FL 33040 I TEL 305 -289-4161 I FAX 305 -289.4162 CAO WE INVITE YOU TO VISIT OUR WEB SITE AT WWW.WEILERENGINEERING.ORG OR EMAIL US AT INFO@WEILERENGINEERING.ORG 1 1G BAYSHORE GARDENS PARK AND RECREATION DISTRICT 6919 26th Street West Telephone: (941) 755-1912 Bradenton, Florida 34207 Facsimile: (941) 739-3515 office@7a bayshoregardens.org June 1.0, 2019 RE: Marina Boat Ramp and ADA Dock I highly recommend.Kelly Brothers, Inc. who recently completed the installation of a boat ramp, which was widened by two (2) feet, and an accompanying ADA dock. The job was completed approximately 22 days prior to the projected 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 clean and organized. The on- site crew was professional and responsive to questions. The quality of workmanship is reflected in the finished product with attention to detail obvious. Site visits and questions from 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 commercial marine contractor. Sincerely, odie L. Lawman District Manager .) 1 1G Lee Count ..r. -,ournwest7Cor;aa January 18, 2017 BOARD OF COUNTY COMMISSIONERS John Manning Reference for Kelly Brothers, Inc. District One Cecil L Pendergrass District Two R : Punta Rassa Boat Ramp Construction Larry Kiker District Three To Whom It May Concern: Brian Hamman District Four Kelly Brothers, Inc. (KBI)provided construction services for the replacement of the Frank Mann four-lane Punta Rassa Boat Ramp during the second half of 2016. This was a District Five complete rebuild including dock replacement, seawall replacement, upland site Roger Desjarlais County Manager work, precast and cast in place ramp components, and armormat scour protection. Richard Wm.Wesch County Attorney The site is the single most important ramp access in Lee County and serves a Donna Marie Collins variety of recreational and commercial boating interests. Because of that, we also Heanng Examiner 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 of 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 from them on any future similar work we might have. Please feel free to contact me at the phone number or e-mail address below if you need any additional information. Sincerely, Stephen Boutelle Marine Operations Manager sboutelleeegov.com (239) 533-8128 P.O. Box 398, Fort Myers, Florida 33902-0398 (239)533-2111 Internet address http://www.leegov.com {; O AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 1 1 G OLJ TH s T FLORIDA BOARD OF COUNTY COMMISSIONERS John E.Manning 'Drsv September 26, 2016 Brian Bigelow RE: LETTER OF RECOMMENDATION Ray Judah Kelly Brothers, Inc. DIstrto, Ivee tammy Hall To Whom it May Concern: Frank Mann Di.strit4e My experience with Kelly Brothers goes back to 2008 for the first phase of Manatee Park Shore Karen B.Hawes Lines Stabilization project. They had proven then that their expertise and customer services are Co,nty Mg :r among the best in the industry. Michael D.Hunt County AttorvN, Kelly Brothers was an integral part in the successful completion of the latest Pine Island Diana M.Parker Couit .5e,-.Yr1 Commercial. Marina renovations for Lee County. They did an outstanding job and we were Exam,er pleased with the final outcome. Their employees are knowledgeable, courteous, professional, and always punctual. They did exactly what we have asked of them and provided us with exceptional quality and timely matter. The Project was completed on time and under budget. Lee County and I continue to retain their services due to the high quality of their work. responsiveness, and expertise as a Marine Contractor. If you need any further information or have any questions, please feel free to call me. Very truly yours, A ub AI-Bahou, P.E., I. • GA Engineering Manager II AA lbahou g.;leegov.com 239-533-8303 (office) 239-707-2515 (cell) CAO P It iurDintMyers,H) da 0)02 0398 4214;C33-:1 1 I Entornet 8ddres3 hap 1N Iectlm ) AK rat'‘I oppmt Acit("t Olf � � �� Y� F------- ------- - -- ---'------- --------- --- FORM 6-TRG2HCH SAFETY ACT _ � TUTS FORM 8lU8TBECOMPLUED Oft BID MAY BCDOBME0NON-JUGPONSIV8. Bidder acknowledges that inckided in the various items ol'thc bidand in the'rotal Bid Ili-ice are costs for complying with the Florida Trench Safety Act(90-96,Laws ofFlorida)effective October 1, 1990.The Bidder ftirther identifics the cost to be summurizrdbdum Trench Safety Units of' Unit Unit EnnoudxdCosU Measure Measure (Ouunh/y) Cost jDescription) (LESY) _. —' _ 3. __. � ^- - 5. _ -- TOTALS KeUvBnudh*n4Inc, ` ' ____ �um� 13/ S�numre: ___ _ Dane Kelly,Prcsident 15775 Pine Ridge Rd. Pon Myers,Fl,33908 um*wInco,p"mtiomFlorida Construction Solicitation Doc rev 04/52022 1 1G 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 Kelly Brothers, Inc. (herein after called the Principal) and [T.S. Specialty Insurance company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Texas with its principal offices in the city of Houston and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner),in the full and just sum of Five Percent (5%)of Amount Bid--- dollars($ 5%— )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,anddeleiyeerrttoen9 p r the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ nr AmnuntBid..'. 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. ,„,,,f�'��r�kxpv�� _' t,:, a IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed, ifl$ led this �` ; 12th day of December ,2023. ... ,` ,r, =; r_.w r KELLY BROTHERS, INC. Trine0.1, -,�° y„.,..-- BYw —. ". (Sal, 4��,d ,, t..J O1''r \{Qe11 t_. . , i)lux 1 A W'1t ',#,,,,,ir/r.xtgr,.�a„`act "'',", U. S. SPECIALTY INSURANCE COMPANY Surety r^" F7.---:<74;77,7 (SE'ai) r endy`ts. H5IgsQ _Attorney:In-Countersigned // - ' yWer L-:•t4tngson, 8-rida lrsint(439) 275-8226 111"C Insurance Group Appointed Producing Agent for 682U Porto F ino Circle, #2 Fort Myers, Florida 33912 � � K�� TOK10K8A0NE POWER OF ATTORNEY AMER|CAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY ~ � � ~^..''UN|TEDSTATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name nfAmerican Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (ooUoodxe|y, the "Companies"), dobythese presents make, constitute and appoint: Wendy HingoohofFort Myers, Florida ` its true and lawful Attomoy(s)-in-fad, each in their separate oupmody if more than one is named above, with full power and authority hereby conferred in its nmma, place and s1oad. N oxocut*, acknowledge and deliver any and all bondy, n000Qnizonces, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ^~^~"TonM|||ion'^^^^ Dollars (^^°$1O.00O.0mO�O0°°~ ). This Power of Attorney ohu|| expire without further action on January 311t. 2024, This Power o/ Attorney is granted Linder and by authority of the following resolutions adopted by the Boards of Directors of the Companies: @eitResolved, that the President,any Viuo'prasidnn{. any Assistant Vica'Prooident. any Secretary nr any Assistant Secretary b ll be andis`hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and oil behalf nfthe Company subject tn the following provisions: ' A/mmey�-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, m,cognizunnes' contruu|o, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company aaif signed by the President and sealed and effected by the Corporate Secretary. 8e/t Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any powernf attorney o,any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be'valid and binding upon the Company with respect m any bond nr undertaking m which itioattached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23'u day ofSeptember, 2021 AMsn/oAw CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY um|Ts C INSURANCE COMPANY State of California 16 CountyofLonAnge|on -y By: — --- Daniel P Aguilar,Vice President A Notary Pub0cor other officer completing this certificate verifies only the identity nf the individual who signed the document o ` which this certificate isa/rached arid not the truthfulness, accuracy, m validity of that document On this 23rd day of September, 2021, before me. D. LiM|efimN, a notary pub|iu, personally appeared Daniel P. Agui|m,, Vice President afAmerican Contractors Indemnity Company. Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized copmohy, and that by his oiDnu\ue on the Instrument the person, or the entity upon behalf of which the person acted,executed the instrument. | certify under PENALTY OF PERJURY under the laws of the o/ California h foregoing paragraph is true and correct. D.Ur-rLEFIELD Signature (seal) KinLo. Assistant Secn�mry «�Amahcan Contractors Company. Texas Bonding Company. United States Surety .ompunyandU.G. 8pooia|ty|nxumnceCompany. dnhnnabyoertify(ha\theaboveandfoegoiogi»utruoundonnac copy nfaPower of Attorney, executed by said Compuninn,which in n1i|| in full force and effect; furthermnre, the resolutions of the Bo -,.* of set out in the Power of Attorney are in full force and effect. In toensVVh | have hereunto o`set hand and affixed the ooa|o of said Companies at Ja day of, �(2 C �� /— , Corporate Seals Bond No. ' xxo Agency No. 17084 ___ 1 1G 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]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 required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages,)and charge the Vendor for such coverages 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 coveragebj purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageW 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. 1 1 G 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:/iapps.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000_single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form 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 ContractorNendor 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 ContractorNendor 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 ® Watercraft $ 1,000,000 Per Occurrence noted: ® 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 ' :�J 1 1 G 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 For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds 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. Name of Firm: Kelly Brothers,Inc. Date: 12/11/2023 Vendor Signature:,_ .r" Print Name:Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Rd.,Ft.Myers,FL 33908 State of Incorporation:Florida 1 1 G Colter County Procurement Services Division 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: I. 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. Kelly Brolhers,...Inc....................-............. Company Name Signature Dane Kelly President 15775 Pine Ridge Rd. Print Name and Title State of Florida Fort Myers,FL 33908 -- -- State of Incorporation:Florida County of Lee The foregoing instrument was acknowledged before me by means of physical presence or D online notarization, this 11th day of December (month), 2023 (year),by Dane Kelly (name of person acknowledging). CALL13 (Signature of Notary Public-State of Florida) Ann Marie Aeschliman (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known IA Produced Identification Type of Identification Produced • `11 ANN MAINS AISCHI,N $ * Commission I HH 3 8 T Qf .��Y Expires February ft,2027 1 1 G Cofer county Procurement Services Division 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 11th day of December 2023 in the County of Lee , in the State of Florida , Firm's Legal Kelly Brothers,Inc. Name: Address: 15775 Pine Ridge Rd. City,State,Zip Fort Myers,FL 33908 Code: Florida 656515 Certificate of Authority Document Number Federal Tax 59-2069592 Identification Number OGFJ6 *CCR#or CAGE Code *Only if Grant Funded Telephone: 239-482-7300 Email: estimating@kcllybros.net _ Signature by: ...! ... r-`'" ' (Typed and ' written) Title: Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Rd.Fort Myers,FL 33908 State of Incorporation:Florida 1 1 G Additional Contact Information Send payments to: Kelly Brothers,Inc. (required if different Company name used as payee from above) Contact name: Dane Kelly Title: President Address: 15775 Pine Ridge Rd. City, State,ZIP Fort Myers,FL 33908 Telephone: 239-482-7300 Email: estimating@kellybros.net Office servicing Collier Same as above County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Secondary Contact for Travis Kelly,Vice President this Solicitation: Email: travisk@kellybros.net Phone: 239-482-7300 1 1G Cotter County Procurement Services Division 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[NA 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.5448.095,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. Kelly Brothers,Inc. rnpany Name _. ._.__. am' Signature Dane Kelly,President Kelly Brothers,Inc. Print Name and Title State of Florida 15775 Pine Ridge Rd. Fort Myers,FL 33908 County of Lee State of Incorporation:Florida The foregoing instrument was acknowledged before me by means of ll physical presence or 0 online notarization, this 11 th day of December- (month). 2023 (year),by Dane Kelly (name of person acknowledging). r1I(AA..t-t.' C140,4141,47—, (Signature of Notary Public-State of Florida) Ann Marie Aeschliman (Print,Type,or Stamp Commissioned Name of Notary Public) Personally KnownYR Produced Identification Type of Identification Produced exY•••p ,P.. , ANN 144ARIEAESCHt1RAN * , * Contmiasion$NH 366688 ;,.!.4 'FoF r or° Expires February 11,2027 1 1 G 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. I. 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. 1 1 G CGC1519780 KELLY BROTHERS,INC Addenda 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239) 482-8014 www.kellybros.net 1 1 G Co °r Count Email: Patrick.Boyle@colliercountyfl.gov y Telephone: (239)252-8941 Procurement Services 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 1: The FEMA provisions have been uploaded into BidSync. Change 2: The bid due date has been extended as follows: Bid Opening Date/Time:-NevembeF-24- 3-at3:00 m December 12,2023 at 3:00 pm est If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 11/06/2023 (Signature) Dane Kelly,President Date Kelly Brothers,Inc. (Name of Finn) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida 1 1 G Email: Patrick.Boyle@colliercountyfl.gov Co !Cr County Telephone: (239)252-8941 Procurement Services Division Addendum #2 Date: November 14,2023 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum#2 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project The following clarifications are issued as an addendum: Change 1: The bid due date and Q &A deadline have been extended as follows: QUESTION& ANSWER TUESDAY,NOVEMBER 7, 2023 Wednesday, DEADLINE: NOVEMBER 29,2023 at 5:00 PM Change 2: Words underlined are added to Exhibit L—Caxamabas Park Seawall Scope of Work Licensing Requirements An active, State approved Marine Contractors license or a General Contractors license with at least one subcontractor with a Marine Contractors license issued by the State of 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 Park Seawall Scope of Work 11923rev has been uploaded into BidSync. Change 3: Floating Dock Specifications • 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 and 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 payments 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 "Construction of New Floating Dock. Payment for construction of three ',0 1 1 G (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 56. Insert"55. Provide new floating docks 1, 2, and 3. • Deleted Technical Specifications 55.1, 55.3, and 55.4. • Inserted Technical Specification 55.1, "New floating docks shall, 0 55.1.1 Floating docks by GatorDock(contact Tom Addoms 727-295-7339). New floating docks shall be comparable to the existing dock 1 (See Section VI. Historical drawing for dock detail.) o 55.1.2 Floating docks shall be capable of floating under 50 psf live load and gangway deadloads and live loads with a minimum of 6 inches of freeboard. Floating under zero live load shall produce 18 inches of free board. Provide signed and sealed shop drawings for approval, as required in Technical Specification 56.2. o 55.1.3 Provide four(4) 10-inch cleats on each 6.5'x24' docks and eight(8) 10-inch cleats on 16'x50' dock. o 55.1.4 Deck surface shall be Wear Deck or equal, color cool gray. Verify color with OWNER. o 0 55.1.5 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 shall have four(4)UHMW rollers. o 55.1.6 Provide gangway wear plate for each dock. o 55.1.7 Attach P fenders to all four sides of each floating dock. o 55.1.8 Fender boards shall be composite, 2x10. o 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 BidSync. A revised Exhibit J—Caxambas Technical Specifications—Addendum 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. • In Technical specification 57, Deleted, "Gangways are believed to be under the water in the proximity of the existing floating docks 1 and 2. CONTRACTOR shall retrieve the gangways. Gangways shall be cleaned of 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 onsite or offsite. Comply with all air quality pollution standards, OSHA requirements, and appropriate personal protective equipment 'AO 1 1 G recommendations for all onsite employees and subcontractors during blasting. Coat the cleaned gangways with 2 coats of Everbrite ProtectaClear,or equal. o 57.1 Replace all UHMW rollers on each gangway. o 57.2 Replace all aluminum piano hinges. o 57.3 Install gangways." • Delete technical specification 58, 59. 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 BidSync. A revised Exhibit J—Caxambas Technical Specifications—Addendum 2 has been uploaded into Bid Sync. Change 5: The following sections have been revised on the Bid Schedule. Words underlined are added to the bid schedule and Words s e-1--th+'+iglt are deleted from the bid schedule. Section 5-Floating Docks Item No. Section 5-Floating Docks Unit Quantity 5.1 Install new floating dock guide piles EA 8 5.2 Provide and place new floating dock(no.2) LS 1 kS C5.33 Provide and Place new floating dock(no.1) LS .1 &4 Repair Flo Ling do k 3 t3 4 5.4 Demolish existing floating dock no.l. 5.5 Clean and re air an wa s for floatin docks no.1 and 2.and install Each 2 5.6 Provide and place new floating dock(no.3)with gangway LS 1 Section 10—Alternate for Floating Dock 11.2 A revised Bid Schedule(23-8182 Bid Schedule rev)has been uploaded into BidSync. If you require additional information,please post a question on our Bid Sync (www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 11/14/2023 (Signature) Dane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida 1 1 G itEmail Krisofer.lopez@colliercountyfl.gov it?it -r aunty Telephone: (239)252-8375 Procurement Services Division Addendum#3 Date: December 5,2023 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum #3 23-8182 Caxambas Park and Boat Ramp Rehabilitation Project The following clarifications are issued as an addendum: This addendum addresses Question 19&20 from the Questions&Answer on Bidsync platform, Question 19 Can you provide as-builts for existing boat ramp? No asbuilts of the existing boat ramp are known to exist. A set of 1980 permit sketches are attached which depict the ramp and limited engineering details. Any data within the sketches has not been confirmed. Question 20 Can you provide as-builts for aluminum sheet pile closures built to support king piles? How many of them and what is their height? Emergency repair plans are attached. It is unknown if asbuilt drawings exist. If you require additional information, please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. _ r ,.,;,,,..,. 12/05/2023 (Signature) 11tne Kelly.President ``✓- Date Kelly Brothers,Inc. (Name of Firm) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State oIIncorporation:Florida 11G Email Krisofer.lopez@colliercountyfl.gov ZO iCT C014.14tY Telephone: (239)252-8375 Procu ement Services Division Addendum#4 Date: December 12,2023 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 addendum: Change 1: Extend Bid Due Date. BID OPENING DAY/DATE/TIME: December 12,2023 December 20,2023,at 3:00 PM EST If you require additional information, please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 12/12/2023 (Signature) Dane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida 1 1G Email Krisofer.lopez@colliercountyfl.gov Co ev C.. ►1�tYl t� Telephone: (239)252-8375 Procurement Services Division 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 Schedule uploaded to address Calculation errors. If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 12/13/2023 (Signature) Mane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida 1 1 G Email: Kristofer.lopez@colliercountyfl.gov Co ier County Telephone: (239)252-8375 Procurement Services Division Addendum#6 Date: 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: Change 1: As Reads: Bid closing date is December 20,20_" ,.:> , . No Reads: Bid closing date is now December 28,2023 (iI 3:00 PM EST If you require additional information,please post a question on our Bid Sync(tivww.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitatio f :�-w " '� 12/20/2023 (Signature) Dane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida 1 1 G Email: Kristofer.lopez@colliercountyfl.gov TGY County Telephone: (239) 252-8375 Procurement Services Division Addendum #7 Date: December 20, 2023 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum#7 Solicitation#23-8182—Caxambas Park and Boat Ramp The following clarifications are issued as an addendum: Change 1:As Read�Ilid closing date is D:. ember 28.2023 'cif 3:00 PM ES:4 No Reads: Bid closin date is now Janua 3,2023 (a 3:00 PM EST Change 2: 23-8182 Bid Schedule Rev3 has been uploaded. 3. Question& Answers from Bidsync are attached with Addendum#7 If you require additional information, please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitatio 12/20/2023 (Signatti Dane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) 15775 Pine Ridge Rd. Fort Myers,FL 33908 State of Incorporation:Florida g i 1G amommamillr CGC1519780 KELLY BROTHERS,INC Required Information 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239) 482-8014 www.kellybros.net yee Co,, Local Business Tax Receipt Tax Collector Noeile Scanning KELLY BROTHERS INC KELLY DANK P 15775 PINE RIDGE RD FORT MYERS,FL 33908 Dear Business Owner: Your 2023-2024 Lee County Local Business Tax Receipt is attached below for account number/receipt: number: 1026863 / 1204211 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, Iv/0 54441' Lee County Tax Collector 2023-2024 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1026863 Account Expires: September 30,2024 Receipt Number: 1204211 State License Number: CGC1519780 May engage In the business of Location: GENERAL CONTRACTOR-CERTIFIED 15775 PINE RIDGE RD FORT MYERS,FL 33908 TlllS LOCAL BUSINESS TAX RECEIPT IS NON REGULATOR\` Payment Information ELI Y BROTHERS INC KELLY DANE I' PAID 0P-00-01471961 09'11/2023 15775 PINE RIDGE RD 5 50 UO FORT MYERS,FL 33908 1 1G CGC1519780 KELLY BROTHERS,INC Kelly Brothers E-Verify "Edit Company Profile" Screen Company Information Company Name Company 10 Number Doing Business As{MBA)Name Kelly Brothers,Inc 384325 Kelly Brothers,Inc DUNS Number 085714871 ',. Physical Location Mailing Address Address 1 Address 1 15775 Pine Ridge Rd. 15775 Ptne Ridge Rd. Address 2 Address 2 City City Fort Myers Fort Myers State Stele F k. EL • Zip Cade Zip Code 33908 33908 County i LEE Additional Information Employer identification Number Total Number of Employees Parent Organization 592069592 20 to 99 Kelly Brothers,Inc. Adrenal;tinter Organization Designation Employer Category None of these rcatogones apply Vieer.4i1N; NAICS Cede Total Hiring Sites Total points of Contact SPECIALTY TRADE CONTRACTORS 1 1 View i Edit, View f Edit. View 7 Edit 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 1G 11104110,- DIvrsIoN of to :Am �► ' LI CoRPo1TIoNs an official State of Florida website Detail by Entity Name Florida Profit Corporation KELLY BROTHERS, INC. Filing Information Document Number 656515 FEI/EIN Number 59-2069592 Date Filed 02/20/1980 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/17/2015 Event Effective Date NONE Principal Address 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Changed: 01/13/1993 Mailing Address 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Changed: 01/13/1993 Registered Agent Name & Address KELLY, DANE P, PRES 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Name Changed: 02/08/2019 Address Changed: 01/20/1994 Officer/Director Detail Name & Address Title PSTD KELLY, DANE P 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Title VP, Asst. Secretary, Director KELLY, TRAVIS E 15775 PINE RIDGE ROAD FT. MYERS, FL 33908 Annual Reports Report Year Filed Date 2021 04/29/2021 2022 04/14/2022 2023 03/24/2023 1 1G . 0 p W Q a) J LA cn L v 0 = W � Lc - 0 Q w w a N J O o I- 3 COcu Z C Q D O ro Z o ocu O Z w N N - $ O / O a; V) V) w 03 L Q W Z _ C p O ON `� u >. a) W w a u Q M c — O V v 0 . F W Z0M N Z Ce j Sr-) .J ' �1 t - cc _1 U p E c 0 a ? • ;� Z w �- C7 C. 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Z � � J N 2 o ,_ ~ 0 L o cs 0 co 0 a) .5 22 �. Q N co 2 U a- a) — M E 0E CZ o I— c � c O >, C *k ii i d U Z _73. c 'vi o m en c) U s U �a co to to a = 0 c N H J > m 115 E -0 O co o = cn .— . 4-, a) o d = c) N 'cz +U) +m m m 0 a I— 0 J 2 U > c n v) H o • 92 1 1G Request for Taxpayer Give Form to the Form (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Kelly Brothers,Inc. 2 (3usiness name/disregarded entity name,if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1,Check only one of the 4 Exemptions(codes apply only to c following seven boxes. certain entities,not individuals;see a instructions on page 3): g ❑ Individual/sole proprietor or ❑ C Corporation ® S Corporation ❑ Partnership ❑Trust/estate aiin single-member LLC Exempt payee code(if any) ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o Note:Check the appropriate box in the line above for the fax classification of the single-member owner. Do not check Exemption from FATCA reporting c c LLC if the LW is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) 'C — another LW that is not disregarded from the owner for U.S.federal tax purposes.Otherwise.a single-member LLC that ----•-- n , is disregarded from the owner should check the appropriate box for the tax classification of its owner. U ri Other(see instructions)► (Applies to accounts maintained outside the US.) m 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) ow 15775 Pine Rid 'Rd. • 6 City,state,and ZIP code Fort Myers, FL 33908 •7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid LSoclat security number backupwithholding. For individuals,this is generally _ your social security number(SSN).However,for a -Li_ " - resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later. For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 5 9 ` 2 0 6 9 5 9 I 2 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Pail II,later, Sign signature of - -" Here U.S.person► ✓t.r' Date► 12/I 1/2023 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (5SN),individual taxpayer identification number(ITiN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (FIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding,See What is backup withholding, later. Cat,No.10231X Form W-9(Rev,10-2018) 1 1 G 1 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 Kelly Brothers, Inc. (herein after called the Principal) and U.S. Specialty Insurance Oompany , (herein called the Surety), a corporation chartered and existing under the laws of the State of Texas with its principal offices in the city of Houston and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner),in the full and just sum of Five Percent (5%)of Amount Bid-- dollars(S 5%- - )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 Caxam has 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,andFdeliyer r the required certificates of insurance, if the PRINCIPAL,shall pay to the OBLIGEE the fixed sum of$ of Amn,to 9oCn Furi.,"L, 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. ��xj,,,m„=.,a€rr,,,, IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed 4010 tttis, '1. 12th day of December ,2023. 4 '#� ,41444.4 4r-, , n . : .• . 44 KELLY BROTHERS, INC. ,F'rinci , m`� �b,� BY -°"" 1 ( e ,„...,,� , t 041,t0 )'y 42,IA y ')n.r.,C,AQx1� ,,,',err,, A'''':::'''' U. S. SPECIAL INSURANCE COMPANY Surety 't't$' " r .- - (Seat) .,� 0, e f-i5gs Fr ttor tey=M- 0 ./ ;R Countersigned e' / .,.l rids fee id W rL ngson, l rich Eesiden Agent { 39) 275-8226 VTC Insurance Group Appointed Producing Agent for /6620 Porto I-ino L mrce, #2Fort Myers, Florida 33912 TOKIO MARI N E 1 1 G HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY —UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE,COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Wendy Hingson of Fort Myers, Florida its true and lawful Attorney(s)-in-fact, 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, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed """Ten Minion'"«*« Dollars ("*110,000,000,00"*' ). This Power of Attorney shall expire without further action on January 31st, 2024, This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY f��PiTOtj t 'iifl rMy�k. U S�R/ :::::zees r:':,�} rye o^ ,,; r ;�" �,� .�4 ,�° � By: o � w,�9,FVr1f,tip" •• Daniel P.Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. D.LiTTLEFIELD WITNESS my hand and offi 'el seal. 40;;Y Naiary Pueuc-CalHan,l■ f` Lot�o seles Cawley J ;+ Com,n ylon a 2320307 My Comm.Expires Jan 31,20u Signature (seal) I, Kio 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 and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; furthermore, the resolutions of the Ros de of Directors, set out in the Power of Attorney are in full force and effect. In it ess Where f, I have hereunto set my, ,hand and affixed the seals of said Companies at Los Ar`tgeles, Cahfo*tiia*?•`its 1 day of j€C ery)Wit`~ (� r' Corporate Seals f,rs9>CxOpJr':.. a Urr At, p 4o sad ey . e,p � rt s a 7 i Bond No. e$ f� n%S�7 .• �p a t, fi �� 1r • .400.4.32. a wsW i. " +., � � Gam\ y n t Kio Assi#e v: Agency NO. 17084 • fr�� e, Tetax .,'Lgi5141P � pp ,Via... 1iCCSNIANPOAO9r2021 visit tmhcc.com/surety for more information 1 Iu EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Dane Kelly President Travis Kelly Construction Superintendent Jake Kinnear Project Manager William (Bob) Horne Site Superintendent 10 Construction Services Agreement:[2023_ver.2] . 1 .�� |NSTR85O84UOOR033O PG25o RECORDED 2/15/2U24O55AN PAGES 11 CLERK DF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$05OO EXHIBIT B-i: PUBLIC PAYMENT BOND Bond No. 1001 196568 Contract No, 23-8182 KNOW ALL MEN BY THESE PRESENTS. That � Kelly Brothers, Inc. , as Principal, and U. S. Specialty Insurance Company ^ as Surety, located at 134O3 Northwest F[eeVV.y. Houston, Texas 77O4O (Business Address) are held and firmly bou-id to Collier County as Obligee |n the sumof ° Gee Below ($2.735.02G.S7 ) for the payment whereof vve bind Ourselves our heirs, exeuutora, personal representatives, successors andasSigns,jointlyand severa |y *Two N1i||inn Seven Hundred Thirty Five Thousand Nine Hundred nty Six and VVHE /�S. Principal has entered into 000ntrac* dated anq* the )rdayof kJOAC 20 ;-L\ , with Obligee for oaxamuau Park and Boat Ramp Rehabilitation Bid No.z3-o1ou in accordance with drawings and speoi'livationm. \mh/oh contract /s incorporated byraferance and made a part hereof. and is ,elenect to herein as the Contract. THE CONDITION OF THIS BOND in that ifPrincipal: P,ornpdy [Makes payment to all o|m\rnantm as defined in Section 255.05(1). Florida Statute$, supplying Principal with |abQ[. materials orsupplies, 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 Contrac* or the changes do not affect Sureties obligation unde,this Bond The provisions of this bond are subject to the time limitations of Section 255,05(3)- In no event will the Surety be liable|n the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number ofsuits that may be filed byclaimants. |N WITNESS WHEREOF, the above parties have executed this instrument this 7th day of February 2024 . the name 0f each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Construclion Services Agreement:�2023_ver,2] i1 i G Signed, sealed and delivered in the presence of: PRINCIPAL 1 \ Kelly Brothers Inc. C/0.4.402,‘ BY: Witnesses as to Principal NAME: D ne Kelly ITS: President STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of ® physical presence or 7_1 online notarization, this 8th day of February 2024 by Dane Kelly , as President of Kelly Brothers Inc. , a Florida corporation, on behalf of the corporation. He/she is(personally known to me OR has produced as i entification and did (did not) take an oath. • My Commission Expires: 1'I2611-1 ( g Public) nature of Notaryli )� ��►�r DANIELLE KIRBY T 1 1� ub C� Notary Public NAM E: J �e l l� rL) L State of Florida Comm#HH475968 ti E�� (Legibly Printed) Expires 12/26/2027 (AFFIX OFFICIAL SEAL) Notary Public, State of F(ti r►ot Commission No.. }ma 4-16-R(.e$ ATTEST: SURETY. (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 Construction Services Agreement:[2023_ver.2] 1 1 G OR As Attor yin Fact (Atta Power of Attorney) ��. Wendy Hingson, Attorney-In-Fact and s (Printed Name) Florida Resident Agent VTC Insurance Group 6820 Porto Fino Circle, Suite 2, Port Myers, Florida 33912 (Business Address) (239)275-8226 (Telephone Number) STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of O physical presence or 0 online notarization, this 7th day of February 20 24 , by Wendy Hingson , as Attorney-In-Fact of U. S. Specialty Insurance Company , a Houston, Texas corporation, on behalf A of the corporation, /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: J Qk 6;l' (Signature of Notary Public) Notary Public State of Florida ► Dawn M. Onzo A Dawn M Onzo ► Name: ' 11 ,,, My Commission NH 394075 I (Legibly Printed) 4 Expires 8/1/2027 (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: HH394075 13 Construction Services Agreement:(2023_ver-21 EXHIBIT B'3: PUBLIC PERFORMANCE BOND Bond No. 1001 198568 Contract No. 23-8182 KNOW ALL MEN BY THESE PRESENTS, That Kelly Brothers, Inc. as Prnoipe[ and U. S. Specialty Insurance Company' �134O3 Northwest Freeway, Houston, as Surety, located at (Business Addresm\ a'e held and firmly bound to Collier County ' . as Obligee in the sumof *Two ($2.735.928.67 )for the payment whereof webono ourselves, our heirs, executors, personal representatives, successors and assigns, jointlyand severally WHEREAS, Principal has entered into a contract dated as of the \ � day of y-Ao�%C V~ 204+4 . with Obligee for Caxambne Park and Boat Ramp Rehabilitation Bid No. 33'8182 in accordance with drawings and speci,ivations, which contract is incorporated by reference and rnudeg part hereof, and is referred to herein oa the Contract. THE CONDITION {JF THIS BOND is that ifPrincipal: 1 Performs the Contract at the times and in the manner prescribed in the Contract; mno 2. Pays Obligee any and all losses,damages. costs and aMorneyy' faao that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay danoaQes, whether liquidated or actual, incurred by Obligee, and 3. Performs the guarantee oy all work and materials furnished under the Contract for the time specified in the Contract, then this bond isvoid otherwise ii remains infu|| force. Any changes in nrundertheContraotandnomnp|ianceornonoonOp|iancevvithanyforma|ideocOnnectedm/iththa Contract Qr the changes do not affect Sureties obligation under this Bond. � ' The Surety, for value received, hereby stioulates and agrees that no changes, extensions of time, alterations Q/ additions huthe terms of the Contract or other work tobe 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 charges, extensions of time, alterations or additions to the terms of the Contract ortu work orto the specifications- This instrument shall be construed in all respects as u oornnnon |ovv bond. It is expressly understood that 1h� hn�� provisions and S��u�e o� Unni��M0ns under Section 25� O5 Florida| � Statutes, shall not apply to this bond. |nno event will 'he Surety be |iabein the aggregate t0 Obligee for more than the penal sum 0f this Performance Bond regardless n/the number of Suits that may be filed bvObligee, � |N WITNESS WHEREOF the above parties have executed this instrument this 7th day of February . 20 24 . the name of each party being affixed and theme presents duly s/gneoby its undersigned representative, pursuant to authority of its governing body. 14 Coommctwm Services Agreement,poz3-yer 21 1 1 G Signed, sealed and delivered in he of: PRINCIPAL Kelly Brothers Inc. Witnesses as to Pri cipal NAME: Dane Kelly ITS: President STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this 8th day of February 2024 , by Dane Kelly , as President of Kelly Brothers Inc. a Florida corporation, on behalf of the corporation. He/she is personally known to me OR has produced as i entification and did (did not) take an oath. My Commission Expires: 1-47-r0lz'1 lr (Signature of Notary Public .S v OVAELLE IIRBY -TalNotary Public ue. _ State of Florida s+v�`y: Corfm*HH475968 (Legibly Printed) 1"in11: Expires 12/26/2027 (AFFIX OFFICIAL SEAL) Notary Public, State of: Ftbrr&a_ Commission No.: Vkl-k c-r1:5-9(0$ 15 Construction Services Agreement:12023 ver.2i ^ � � �� . � � q� ATTEST: SURETYi U.S. SPECIALTY INSURANCE COMPANY (Printed Nome) 134O3Northwest Houston, Texas 7704O _ (Business Address) (Authorized Signature) � ��sses as to Surety (Printed Name) OR As Aftorrie-y,*T-act (Attach�"r of Attomey) VVendyHingoon. A�orney'n'Fac - - Witness-es Name) v/C Insurance Group � 6820 Porto FinoCinu|o. Guite2. Ft K8yene, Florida 33912 (Business Address) (238) 275'8226 (Telephone Number) Florida STATE OF COUNTY OF Lee The foregoing instrument was acknowledged before me by means of 19 physical presence or [J online notarization, this 7th day of February . 20 24 by � VVendyHingoon . as Attorney-In-Fact of U.G. Specialty Insurance Company , a Houston, Texas _ corporation, on behalf of the corporation. )M/*JIVL iS personally known to me OR has produced N/A as identification and did (did not) take amoath, My Commission Expirem- (8' notureuYNcdaryPubHo) / ^ Notary Public State o,Florida ) 4 Dawn M onzo > Dawn M. Onzo My commission xx uy�r Expires m1oox/ - � (Legibly Printed) ^ ^ Florida ��|� (�FF\C�|A� ��4L) Notary Public, 8ha�, of:i (AFFIX Commission No.: HH394075 16 , ^ . +i1/44 1 1 C ` TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Wendy Hingson of Fort Myers, Florida its true and lawful Attorney(s)-in-fact, 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, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million***** Dollars (***$10,000,000.00*" ). This Power of Attorney shall expire without further action on January 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 4aO ••••, ,.."°,':c. .5 SUgf ....J�`,n ';•,. State of California _./ ---, _ °;s ;° _ o ti +' Z_ W I' ' _ Y_t;.} ice. County of Los Angeles !4 Peri "o .� rl\ a B ^ °<t,;FORN;`... -,'rFOFTF+N Daniel P. Aguilar,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 4.0.4 0.LITTLEFIELD WITNESS myhand and offi ' I seal. r40 . Notary Public-California ,. ; ,t .f;. Los Angeles County E y. + ' �my Comm Commission Expires Jan 31,2024 Signature „r d (seal) I, Kio 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 and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witpess Whereof, I avt hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 7e4 day of „a2,,V____. Corporate Seals //��//�� // �i 4 , t............?�-, a: --0 ;.•.�.:......Fr =t 4:.--....'•nta /(/✓/ /gV c./l.�rJ °`moo-. p� 0.:' +:Og%•z ,.P• }• o •• . Bond No. `� «, ..no X o r V ; '"t 1, 'PI t i.:�, N 3� urt.n.," m-. i, v c, O _?, rr�a i,ax i ,r.. : o.: ,,d,,;„ =,ty •;r Kio Lo, Assn Secretary Agency No. 17084 •"41,ioae►,a` ,T>eoti.-t '`` ',,, , .04*` HCC$MANPOAtl l2021 visit tmhcc.com/surety for more information - - -- 1 1 G VIC INSURANCE GROUP February 7, 2024 Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, Florida 34112 Re: Kelly Brothers, Inc. Project: Caxambas Park&Boat Ramp Rehabilitation Bond No.: 1001 196 568 To Whom It May Concern, Please use this letter as authorization to date the above referenced Performance/Payment Bonds on behalf of U.S. Specialty Insurance Company. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Wendy L. Hingson Attorney-In-Fact State of Florida County of Lee The foregoing instrument was acknowleded before me by means of Physical presence,this 7th day of February, 2024, by Wendy Hingson,as Attorney-in-Fact of U.S.Specialty Insurance Company,a Houston, Texas corporation, on behalf of the corporation. She is personally known to me and did not take an oath. , i (-8-ingn ure of Notary Publi it Notary Public Slate 01 Florida Notary Public, State of Florida ` Dawn M Onzo Commission No.: HH394075 catimu My Commission NH 394075 Expires 8/1/2027 Confidence. For What's Next. FORT MYERS OFFICE 6820 PORTO FINO CIRCLE,SUITE 2,FORT MYERS,FL 33912 I' 239.275.8226 F. 239.275.8837 1G VIC INSURANCE GROUP February 7, 2024 Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, Florida 34112 Re: Kelly Brothers, Inc. Project: Caxambas Park&Boat Ramp Rehabilitation Bond No.: 1001 196 568 To Whom It May Concern, Please use this letter as authorization to date the above referenced Performance/Payment Bonds on behalf of U.S.Specialty Insurance Company. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Wendy L. Hingson /Attorney-In-Fact State of Florida County of Lee The foregoing instrument was acknowleded before me by means of Physical presence,this 7th day of February, 2024, by Wendy Hingson,as Attorney-in-Fact of U.S.Specialty Insurance Company,a Houston, Texas corporation, on behalf of the corporation. She is personally known to me and did not take an oath. I Q +►�g � ofNotar Publi Notary Public,State of Florida Notary Public State of Florida Dawn M Onzo Commission No.: HH394075mcgirtimi_ My Commission HH 394075 Expires 8/1/2027 Confidence. For What's Next.- FORT MYERS OFFICE 6820 PORTO FINO CIRCLE,SUITE 2,FORT MYERS,FL 33912 I' 239.275.8226 F 239.275.8837 t 1G VTC > INSURANCE GROUP February 7, 2024 Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, Florida 34112 Re: Kelly Brothers, Inc. Project: Caxambas Park&Boat Ramp Rehabilitation Bond No.: 1001 196 568 To Whom It May Concern, Please use this letter as authorization to date the above referenced Performance/Payment Bonds on behalf of U. S. 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 Flot;da County of Lee The foregoing instrument was acknowleded before me by means of Physical presence,this 7th day of February, 2024, by Wendy Hingson, as Attorney-in-Fact of U.S.Specialty 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.: HH394075 A Notary Public State of Florida Dawn M Onzo 4 il�� My Commission HH 394075 • Expires 8/1/2027 Confidence. For What's Next.- FORT MYERS OFFICE 6820 PORTO FINO CIRCLE,SUITE 2,FORT MYERS,FL 33912 P 239.275.8226 F 239.275.8837 1 IG EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor 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 EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate 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 Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor 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 EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor'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 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. The Contractor 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 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 be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor 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 Contractor for such coverage(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 17 Construction Services Agreement:[2023_ver.2] 1 1G 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 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 Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: [2023_ver.2] 1 1 G EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to .This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, 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 Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement:[2023_ver.2] 1 1 G EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @5%through $ Retainage @ 5% through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement:[2023_ver.2] 1 I G EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% __% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPUCATIONS THIS &STORED (reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE , TOTALS *Explanation forthe two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column, This states what has happened since the change in retainage. 21 Construction Services Agreement: [2023_ver.2] 1 1G Exhibit D (Continued) Stored Materials Record Formula: A+ B - C - D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement:[2023_ver.2] 1 iG EXHIBIT E: CHANGE ORDER Co ier County Procurement Services Change Order Form ❑Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: Original Contract/Work Order Amount Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date(Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date (Includes this change) #of Days Added Select Tasks ❑Add new task(s) ❑Delete task(s) ❑Change task(s) ❑Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable) Accepted by: Date: (Design Professional and Name of Firm,if project applicable) Approved by: Date: (Division Director or Designee) Approved by: Date: (Procurement Professional) ,,,, ,�?t :�,:<:,a.,:.,,4110 nidy cex Piles?Additional signalu ..,.... E ......; ra 23 Construction Services Agreement: [2023_ver.2] 1 1G Change Order/Amendment Summary COST TIME CO# AMD# Description Additive Deductive Days New Justification jJ ll Added Amount Reviser":01 14 2 21 (Divisions vitro may require additional signatures may inctnde on separate.=;het.) nfiocuiveraetir oral BCC .413r41111 rrt ......rCr r-a 24 Construction Services Agreement:[2023_ver.2] 1 I 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 the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement: [2023_ver.2] 1 IG OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 26 Construction Services Agreement:[2023_ver.2] 1 xG EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: 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 the 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 Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 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 this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name &Title) 27 Construction Services Agreement:[2023_ver.2] t 1G EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, 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 extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement:[2023_ver.2] 1 G 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities 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 schedule 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 coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time 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 investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 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 Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement:[2023_ver.2] 1 1G limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, 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 be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative 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 materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance 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 equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and 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 timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) 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 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement:[2023_ver.2] 1 1G 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 retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage 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 retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be 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 retainage 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 then due and payable by Owner with respect to the current Application for Payment. Further, to the extent 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 been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. 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 time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue 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. 4.11 Payments will be 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 completion 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. Time shall be 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. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement: [2023_ver.21 1 1G 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The 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 agreement between Owner and Contractor, to such extent 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) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be 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 expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other 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 performed 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 be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager 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 furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 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 Construction Services Agreement:[2023_ver.2] 1 1G those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. 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 samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment 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 intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless 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 perform 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 time, 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 connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement:[2023_ver.2] ! 1G 7.5 The Project Manager shall be 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 be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time 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. DAILY 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 week 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 hours, 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; 8.1.4 The number of Contractor's and Sub-Contractor's personnel 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 time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed 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 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The 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 limited to, all drawings, specifications, addenda, amendments, Change Orders, 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 34 Construction Services Agreement:[2023_ver.2] made during construction. The 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 buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible 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 be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(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, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest colliercountyfLgov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement[2023_ver.2] ! 1G agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, 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 Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be 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 be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" 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 time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an 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 not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes 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 required of Contractor hereunder. 36 Construction Services Agreement:[2023_ver.2] 1 1G 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time 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 agree 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 event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these 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 ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall 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. 10.6 The 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 effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 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 time or other relief with respect to the terms of the Contract Documents. 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. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event 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 (15) calendar days after the occurrence of 37 Construction Services Agreement:[2023_ver.2] G the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance 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 performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense 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 send the above required forty-eight (48) hour notice the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and 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 extent 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 limited 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 utilized by the Contractor in the performance 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. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement:[2023_ver.21 11G any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set 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 limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms 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 change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time 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 have known of such changes prior to the date 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 the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be 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 and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth 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 Security Administration (SSA), provides an Internet- based means of verifying employment 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 are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. 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. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement:[2023_ver.2] 1 1G If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/ Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and 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. 15. 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. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition 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 require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement:[2023_ver.21 1 1 G 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired 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 are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) 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 Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) 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 default(s)within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then 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 be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) 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 complete the Work, such excess shall be paid to the Contractor. The amount to be 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 termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement:[2023_ver.2] 1G 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 hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor 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 performance under this Agreement until such default 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 performing 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 fourteen (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 event 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 be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses 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 set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement:[2023_ver.21 11G not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the 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 coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, 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 terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage 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 Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to 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 retainage 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 be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible 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 emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement.[2023_ver.2] 1 1C expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct 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 agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection 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, tests 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, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 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 eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement:[2023_ver.2] 1 iG Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, 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, material and equipment. 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 limited 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 finish or perform 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 benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform 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 be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take 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 are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement:[2023_ver.2] 1 1G of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be 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 superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted 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 46 Construction Services Agreement:[2023_ver.2] 11G shall re-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 persons or the Work or property at the Project site or adjacent thereto, Contractor, without special 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 Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract 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 material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 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: 28.1.1 All employees on or about the project site and other persons 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 site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement:[2023_ver.2] 1 1G Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device 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 designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated 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 subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be 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 designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 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 time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement:[2023_ver.2] 1 iG 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 are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-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 the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence 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 ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 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: 49 Construction Services Agreement:[2023_ver.2] 1 1G 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. 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 extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities 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 time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement:[2023_ver.2] 1 G The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed 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 performance 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 be 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 performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed 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 be 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 required to be provided by the Subcontractor except workman'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 shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named 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 schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within 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 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance 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 event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement:[2023_ver.2] 1 1G 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 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 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 Progress 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) Files 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. 52 Construction Services Agreement:[2023_ver.2] i G 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times 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 scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each 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 performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS©colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating 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. 37. VALUE ENGINEERING. All 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 be 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 be reviewed for VE at the discretion of the County. 53 Construction Services Agreement:[2023_ver.2] 1 I 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 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 and 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 be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 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, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise 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 make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any 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 44.102, Fla. Stat. 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 Construction Services Agreement:[2023_ver.2] 1 1G EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page Exhibit I: Supplemental Terms and Conditions Exhibit I: Federal Contract Provisions and Assurances ❑ Not Applicable 55 Construction Services Agreement:[2023_ver.2] 1 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 1 1G EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to 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 be 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 a Contract/ Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance 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. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I -1 1 , G 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 are directly pertinent to 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 reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and 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 Procurements: As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent 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 limited 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 lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance 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 data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written 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 recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal 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 1 G EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal 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, extend, 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 covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, 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 as part of any system. (c) Exceptions. (1) This 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 (ii). 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. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) 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 performance, 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 subrecipient, unless elsewhere in this contract are established 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 (if known); brand; model number (original equipment manufacturer EXHIBIT I -3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business 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, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated 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(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 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 relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 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. 180, subpart C and 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. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of$100,000 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 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I-4 1 16 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 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). (1) 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 is 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 one-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 (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be 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 to such territory), for liquidated 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 set forth in paragraph (1) 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 (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 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 to the Contract Work Hours and Safety Standards Act, which is held by the same prime 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 set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) 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 (1) 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. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) 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 three 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 employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be 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 Federal 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. EXHIBIT I -5 � c EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued 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. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 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. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between 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 otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to 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 be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee 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 individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, 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 he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I-6 1 L6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, 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, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be 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 be 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) The 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 orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, 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 event 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 1 ,6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations,And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that(1)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 (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Kelly Brothers,Inc. Date 12/11/2023 ,,,,✓✓ Authorized Signature Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Rd.,Fort Myers,FL 33908 State of Incorporation: Florida EXHIBIT I-8 1 1G EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Kelly Brothers,Inc. By: Signature Dane Kelly,President Name and Title State of Incorporation: Florida 15775 Pine Ridge Rd. Street Address Fort Myers,FL 33908 City, State, Zip ZYL4HRJ4V2H6 UEl Unique Entity Identifier(for SAM.gov verification) 12/11/2023 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-9 ' IC EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES — COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Lliverifezie statuses'Ai;I require the PP ME to either prcivde a revised statement or provide source documentatIon that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE D NUMBER CONTRACT DO_LA V Ariou,,T Kelly Brothers,Inc. 59-2069592 I TBD IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN If 10 ,S THE ACTI'viTY OF THIS CONTRACT,. MINORITY OR WOMEN BUSINESS ENTER PRISE? DBE? Y 0 CONSTRUCTION? 0 k; (DEEINIBE,fiNBE) OR HAVE SMALL DISAMANTAGED BUD ESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? 'Y e CONSULTATrON? t 0 ADMINISTRATION? A SERVICE DISABLEDVETERAN, ity5E? Y 0 OTHER? Y CD y 0 IS TH SSUBMISSON A REVISION? '1 0 F YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS.NEXT SECTION OBE NVAIBE I SUBCONTRACTOR OR SUPPLIER I TYPE OF WORX OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY iSee Beoirrl COLLAR AMOUNT DOLLARS — 1 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SU BMITTER DATE — Mil OF SUBMIT-TER Dane Kelly 12/11/2023 President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER estimating@kellybros.net 239-482-7300 N/A NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts, The antiopated DBE or MBE amount is yoIuntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation f and.rf hen awarded a County contract,the prime will be asked to update the information for the grant compliance:Ries. ETHNICITY CODE Black American BA hispanic American HA _ Native American NA SOCCilt.Asian American SAA Asian-Pacific American APA Non-Minc tit,''..*.',D-nen Na.'Vy Other:not of any other group listed 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY DE P A EN""°.,AMIE COLLIER CONTRACT g IIMPFP or 20 PBC ;PANT PPRAM,CO TRACT ACCEPTED BY: — ]DATE ____ EXHIBIT I -10 i C EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION I (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor]certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person 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 of Congress 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. • 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Kelly Brothers,Inc. Contractor(Firm Name) Sigr a lire of Contractor's Authorized Official Dane Kelly, President Name and Title of Contractor's Authorized Official Kelly Brothers,Inc. 15775 Pine Ridge Rd.,Fort Myers,FL 33908 State of Incorporation: FI. 12/11/2023 Date EXHIBIT I-11