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Backup Documents 10/22/2024 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 F 1 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **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 See attached Insurance Coversheet 2. County Attorney's Office County Attorney Office ii4401-11 4. BCC Office Board of County Commissioners [I Li ,rrj l of Z 5 4. Minutes and Records Clerk of Court's Office t� I0P-5. . p41 °a1 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 Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was October 22, 2024 Agenda Item Number 16.F.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8179 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 VD 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-throughs 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 VD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD 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's 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 October 22,2024,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County '7�l , 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 L0l►t,i an option for Chairman's signature. J this line. 16F1 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with Kelly Brothers, Inc. ("Contractor")of 15775 Pine Ridge Rd, Fort Myers, FL 33908, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier Boulevard Boating Park Improvements, Invitation to Bid No. 23-8179 ("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: One Million Two Hundred Twenty-Four Thousand Eight Hundred Seventy-three Dollars ($1,224,873.00). The amount of Fifty Thousand Dollars ($50,000.00) 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:[2024_ver.2] • 16F1 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, plus any approved allowance as provided in Section 3, 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 Fifty(150)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, as more particularly defined herein at Section 16, Defined Terms. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date the Punch List is delivered to the Contractor. 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, One Thousand Three Hundred Twenty Dollars ($1,320.00) 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 2 Construction Services Agreement:[2024_ver.2] GINO i6F1 a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to 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, and as more particularly defined herein at Section 16, Defined Terms. 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, 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, as more particularly defined herein at Section 16, Defined Terms. 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:[2024_ver.2] Cp,O 16F1 Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #23-8179 Collier Boulevard Boating Park Improvements. 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 Assigned to the Project Exhibit B-1: Payment Bond Form ❑ Not Applicable Exhibit B-2: Performance Bond Form ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8179 Collier Boulevard Boating Park Improvements. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: APTIM Environmental & Infrastructure, LLC ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL c/o Facilities Management Division 3335 Tamiami Trail E Naples, FL 34112 4 Construction Services Agreement:[2024_ver.2] CP.O � 6F1 Attn: James Morton, Project Manager Ill (Licensed) Phone: 239-252-5488 Email: James. Morton@colliercountyfl.gov 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, or E-mail, addressed to the following: Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 Attn: Dane Kelly, President Phone: 239-482-7300 Email: estimating@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. 5 Construction Services Agreement:[2024_ver.21 cAc 16 Fs 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. 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, as amended, and the terms of the Contract Documents. Section 16. Construction. (i) 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. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work. 6 Construction Services Agreement:[2024_ver.2] 6F1 (d) "Contract" or "Contract Documents" shall refer to those documents described in Section 1, subsection A of the Agreement. (e) "Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department" shall mean the Department or Division initiating and managing the Project on behalf of the Owner. (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner. (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional architectural/engineering firm designated to perform the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work. (j) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (I) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m)"Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. 7 Construction Services Agreement:[2024_ver.2] 16F1 (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring: (1)the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required training has successfully occurred; (5) all close-out documents (such as as-built drawings, certifications, warranties, guaranties, test reports,test logs, operational manuals, etc.) have been provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, if applicable, Exhibit F-1. (p) "Work" shall mean the Work to be performed under this Agreement shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work directive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the "critical path" of the contract schedule. A written directive should ultimately be followed up with an agreed upon Change Order. A verbal Work Directive may only be issued in extraordinary emergencies when necessary to protect and promote the public interest, which shall be followed up with a written Work Directive within five (5) business days. 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 8 Construction Services Agreement:[2024_ver.2] 16F1 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. 9 Construction Services Agreement:[2024_ver.2] 16F1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: ESQ Kelly Brothers, Inc. FIRS ITN SS Dan Doane By:aic ‘,(,)p_ttc Print Name Dane Kelly,President i Print Name and Title SECOND WITNESS Danielle Kirby Date: August 26,2024 Print Name ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS C.Qmptroller OF COLLIER COUNTY FLORIDA BY: �� C BY: • Attest as to Chairman's Chri II h ' man signature only Pate: t b 5 a o,4-t-� Approved as to m and Legality: County Attorney ?( 7 Print Name Construction Services Agreement:[2024_ver.21 I 6 F 1 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 11 Construction Services Agreement:[2024_ver.2] 16F1 Kelly Brothers,Inc.(KB!)-Bid Schedule 23-8179 Bid Schedule Collier Boulevard Boating Park Improvements SPECS NO. ITEM UNIT NO. UNITS UNIT PRICE SUBTOTAL 6.3 1 Mob/Demob including MOT during park closure Ls 1 $80,476 $80,476 6.4 2 Demolition north cap,panels,and tiebacks Lft 120 $337 $40,440 6.4 3 Demolition south cap,panels,and tiebacks Lft 140 $356 $49,840 6.6 4 Remove and Redrive timber fender piles Ls 1 $7,647 $7,647 Contractor to pickup County provided deadmen from 6.16 5 Ls 1 $5,974 $5,974 designated storage and deliver to site Construct new north cap,truline walls,and tiebacks;install 6.4 6 Lft 120 $2,221 $266,520 deadmen(provided by owner) Construct new south cap,truline walls,and tiebacks; install 6.4 7 Lft 140 $2,188 $306,320 deadmen(provided by owner) 6.5 8 Dewater boat ramp LS 1 $0 $0 6.5 9 Remove ramp and dispose at landfill Ls 1 $48,642 $48,642 6.5 10 Replace boat ramp Ls 1 $176,704 $176,704 Contractor to pickup County provided floating dock and 6.17 11 Ls 1 $25,425 $25,425 gangway from designated storage and deliver to site 6.7 12 Provide and install floating dock piles each 12 $5,120 $61,440 6.8 13 Install gangway and floating dock Ls 1 $42,860 $42,860 6.9 14 Install sidewalk Ls 1 $6,687 $6,687 6.15 15 Mill and pave small section of parking lot Ls 1 $25,995 $25,995 6.11 16 Environmental Protection Ls 1 $17,890 $17,890 6.10 17 Site Restoration Ls 1 $7,404 $7,404 6.10 18 Provide and placed educational signage,monofilament bin Ls 1 $2,436 $2,436 6.12 19 Provide vibration monitoring Ls 1 $4,957 $4,957 6.5 Al Place 89 stone(10cy truck) each 3 $1,953 $5,859 6.10 A2 Restripe ADA Parking spaces and access Ls 1 $2,314 $2,314 6.5 A3 Place 57 stone with geotextile(10 cy truck) each 8 $1,935 $15,480 6.10 A4 Fish cleaning station on concrete slab Ls 1 $2,274 $2,274 45,6.8 A5 Remove and replace floating dock waler system LS 1 $21,289 $21,289 Total Bid Amount $1,224,873 *Staff has allocated$50,000 in Owner's Allowance-for Owners Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance.Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. I6F1 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 12 Construction Services Agreement:[2024_ver.2] , I 6 F 1 E .•r P 6-4, 1 , „ ,t.,._,.,,, ,„,.,,r'1, .q.lit •,14,K.,1 ta,,,,.7.„ a s:�' y}.,d. �F`"'R"' Y CGC1519780 ,, e<. KELLY BROTHERS,INC ° CUI I RCIRL MARINE CONTRACTOR' , -r ;._ .. .: °_: �. mom �_= Y,'''�. ..., 'x::,�.c.. f.. �°.',',,,, yQ� yy:ue.. €v=..�7v w°�?a,�:� RESPONSE TO F -# , £ . ?$fit° 5 Construction Invitation to eCollier Boulevard Boating Park Improvements Sol`ttation No.: 23-8179 CREATED FOR Collier County BOCC Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112 SUBMITTED ON April 5, 2024 -;s '�€ , .wWr { 40 to ' '. "-° - „-. ,fry,„u; Po .,, � 1" 15775 Pine Ridge Road, Fort Myers, FL 33908 239.482.7300 office • 239.482.8014fax • kellybros.net 16F1 FORM 1 -BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Collier Boulevard Boating Park Improvements BID NO.23-8179 Full Name of Bidder Kelly Brothers,Inc. Main Business Address 15775 Pine Ridge Road,Fort Myers,FL 33908 Place of Business Same as above. Telephone No. 239 482 7300 Fax No. NA 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 Construction Solicitation Doc rev 04152022 + ..�J 16F1 event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The 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 live(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 fifty (I50) 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: ��,�• ,e✓ ''G .Y Title: Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Road,Fort Myers,FL 3390E Date: April 04,2024 State of Incorporation:Florida Construction Solicitation Doc rev 04152022 16F1 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Collier Boulevard Boating Park Improvements Bid No.23-8179 Name Personnel Category Dane Kelly President Travis Kelly Construction Superintendent Jake Kinnear Project Manager William(Bob)Home Site Superintendent Construction Solicitation Doc rev 04152022 1 6 F 1 (alCGC1519780 KELLY BROTHERS,INC Key Personnel 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net � ,, 16F1 INEMMEMNalir CGC1519780 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/Sign/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 FDOT Requirements • 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 6 F 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 {�� y 16F1 g a CGC15197if 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 44 years in business, serving a variety of publicand • Naples Land Yacht Harbor, Naples private clients throughout • City Dock, Naples Southwest Florida. Over 1300 • 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 A ; 16 F 1 CGC1519780 ONNOMMONNiallr 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 • Oversees all projects'on-site activities, including daily work assignments, Department of Environmental 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 Rr 6F1 Si CGC1519780 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 44 years in business, serving a variety of pubk and • Ville de Marco West, Marco Island private clients throughout • Naples Land Yacht Harbor, Naples Southwest Florida. Over 1300 • 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 z 2. , 6 F a CGC1519 1 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 ofEnvironmentai • 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 �zY 16F1 aiMMINEMOdir 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 44 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 1300 • Port of the Islands Marina Expansion, Naples projects completed. • The Bay,ADA Kayak Launch Dock,Sarasota With Kelly Brothers, you are • Mangrove Street Seawall, Naples working with a family owned • NE Hurricane Bay Maintenance Dredge, Lee County and operated company, we have a vested interest in our • Saprito Fishing Pier, Sarasota 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 tV 1 6 F 1 aIONOMMINNEar CGC1519780 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 Inspection and grades and work lay out Crane • Scrutinizes field work and conveys job site quality and safety control Crane asp n Bureau(CICB) 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 CDL 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 G F .84 1 6 F I CGC1519780 KELLY BROTHERS,INC William (Bob) Horne Relevant Project Experience MARINE CONSTRUCTION • Clearwater Harbor Marina, Clearwater IS OUR PASSION • Woodring Rd. Living Shoreline,Sanibel Full-Service marine construction • Merry Pier, 11th Ave. Pier&7th Ave. Pier,St. Pete Beach firm headquartered in Fort Myers • Longboat Key Groins, Longboat Key • Saprito Fishing Pier, Sarasota Locally owned and operated • NE Hurricane Bay Maintenance Dredge, Lee County since its incorporation in 1980. • Marco Island Yacht Club, Marco Island Over 44 years in business, • Mandalay Bay Pedestrian Bridge,Clearwater Beach serving a variety of public and • SCOP County Road 761 Scour Countermeasures, DeSoto private clients throughout County Southwest Florida. Over 1300 projects completed. • Gulf Star Marina, Fort Myers Beach • Naples Landing Dock Renovations, Naples With Kelly Brothers, you are • Old Naples Seaport, Naples working with a family owned • Lofton's Island Floating Dock, Fort Myers and operated company, we have a vested interest in our • Villa de Marco West, Marco Island client's satisfaction. We take • Artificial Reef Creation,Chris Koepfer's, Lee County immense pride in our work and • Derelict Vessel Removal,Collier County value our business reputation. • City Dock, Naples Our philosophy is simple, • The Boathouse on Naples Bay, Naples "Get it done and do it right • Mangrove Bay Development, Phase I and II, Naples the first time. • Pahokee Marina Reconfiguration, Pahokee Many projects are referral • Naples Pier Restoration, Naples work from previously satisfied • Regatta Landing, Naples customers. We have a long and established track record • Tampa Yacht and County Club,Tampa for delivering a qualityproduct, • Brookside Marina, Naples on time and within budget. • Boulevard Apartments, Largo • Pine Island Commercial Marina, St.James City • 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 16F1 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 arc 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 ChromX 9100 in lieu of 4100 Steelton 2. 3. 4. 5. Please insert additional pages as necessary. Company: Kelly Brothers,Inc. Signature: Date 04/04/2024 "t am Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Road Fort Myers,FL 33908 State of Incorporation:Florida Construction Solicitation Doc rev 04152022 16F1 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 ' None.Kelly Brothers,Inc.(KBI)has the in-house personnel 2. Mechanical and knowhow to perform the work of this contract and do not 3. Plumbing intend to have any subcontractors as part of the project team. 4. Site Work Our key staff members as well as our field personnel are 5. identify other subcontractors well-versed in the methods required and are experienced that represent more than 10% in the various aspects of your project. of price or that affect the critical path of the schedule Company: Kelly Brothers,Inc. Signature: Date:04/04/2024 Dane Kelly,Prcaidcnt Kelly Brothers,Inc. 15775 Pine Ridge Road,Fort,Myers,FL 33908 Stale of Incorporation.Florida Construction Solicitation Doc rev 04152022 i 6F �. 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. Alva Boat Ramp Lee County BOCC (project name) (project owner) 21580 Pearl Street,Alva,FL 1500 Monroe Street,Fort Myers,FL (project location) (Owner's address) Boat Ramp and Dock Replacement Mike Campbell Marine Project Manager (project description) (Owner's contact person) (title) April 2020/August 2020 $543,785.41 239-533-8133 mcampbell@leegov.com (project start/completion dates) (contract value) (phone) (email) 2. Bayshore Gardens Boat Ramp Replacement Bayshore Gardens Park and Recreation District (project name) (project owner) 6919 26th Street West,Bradenton,FL Same as project location (project location) (Owner's address) Boat Ramp and Dock Replacement Mark A.Kincaid VP of Engineering (project description) (Owner's contact person) (title) March 2019/June 2019 $314,146.20 239-643-2324 mkincaid@cecifl.com (project start/completion dates) (contract value) (phone) (email) 3. Saltleaf/Bayfiew Marina LB Estero Bay Investments LLC (project name) (project owner) 5000 Coconut Road,Bonita Springs,FL 2210 Vanderbuilt Beach Road,Suite 1300,Naples,FL (project location) (Owner's address) Dredging,Seawalls,and Boat Ramp Rick VanDyne Sr.Construction Manager (project description) (Owner's contact person) (title) August 2022/Spring 2025 $8,051,707.56 239-449-1514 RickVanDyne@londonbay.com (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 i6F1 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. Pelican Isle Yacht Club Fixed Dock&Seawall Pelican Island Yacht Club,Inc. (project name) (project owner) 410 Dockside Drive,Naples,FL Same as project location (project location) (Owner's address) Reip ova l of existing fixed boat docks and piles Alisha Freezor General Manager (project description) (Owner's contact person) (title) June 2023/April 2024 $7,644,576.55 239-566-1606 all a piyc.net (project completion date) (contract value) (phone) (email) 5. WCS No. 108 Replacement,City of North Port City of North Port (project name) (project owner) Cocoplum Waterway-West of Collingswood Blvd.,North Port,FL 4970 City Hall Blvd.,North Port,FL (project location) (Owner's address) Constructed a new WCS with six new gates Elizabeth Wong Stormwater Manager (project description) (Owner's contact person) (title) November 2021/June 2022 $ 2,257,458.05 941-240-8050 ewong@cityofnorthport.com (project completion date) (contract value) (phone) (email) Company: Kelly Brothers,Inc. Signature: _ .. Date:04/04/2024 ne Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Road,Fort Myers,FL 33908 State of Incorporation:Florida Construction Solicitation Doc rev 04152022 I6F1 i CGC 519780 KELLY BROTHERS,INC Sampling of Project Experience 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net $o; 1 6 F 1 ______,,,,,,Kr1 CGC1519780 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: .fit 21580 Pearl Street ti x `. "� ,5 �,. Alva, FL , k.'*"" • Y3t � 'E jr'.� r" �` '" ryak gi Owner: '- .; L `=+ Lee County . , T. x --- , Engineer: Coastal Engineering Consultants \_€ 28421 Bonita Crossings Blvd r Bonita Springs, FL 34135 , . s. Contract: � / . Prime •. 'ti Completion Date: ,. r, ",, f " .' d. August 2020 - .,., I, i h E�+ Contract Amount: 4' $543 785 41 g§, iA+nSa �� :'7 r�� __te � � � R r �� _ � � t. •A Ig1�11b'YtlN's 14.t�a1�* ' � '-�" '' It off' „ `, X-*.s 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482 8014 www.kellybros.net 6,01 16F1 KaiCGC1519780 KELLY BROTHERS,INC Saltleaf Marina, Phase I and II Bonita Springs, Florida Kelly Brothers (KBI) has completed Phase I and construction is underway for Phase II of this multi-million-dollar marina project; part of the Ritr-Carlton Residences, Estero Bay development. The marina is located on Estero Bay boarding one of Southwest Florida's last great stretches of waterfront, which is next to Florida's very first aquatic preserve. The environmental sensitive wetland site required extensive clearing and dredging for the marina basin to be cut from the raw land. A partially built seawall was removed and disposed of; the area surrounding the basin was cleared of debris and overgrowth in preparation for the construction of the 1086 LF of concrete seawall. KBI mobilized to the jobsite prior to project commencement and created a casting area, where 280, 15'x 4'x 8"concrete panels were cast onsite. Casting of the panels along with eight 4'x 20'boat ramp slabs took approximately 16 weeks. Work then began with installation of the concrete seawall panels, and continued with casting of the seawall cap, and dredging of the marina basin. More than 14,803 CYs of spoils were removed via mechanical dredging from KBI's company-owned barge along with auxiliary dredging from land.The dredge material was stockpiled upland for use later as backfill. KBI's work also included the construction of a 17'W by 90'L concrete boat ramp with armormat scour protection, 122 LF of submerged vinyl sheet pile, and 39 LF of vinyl seawall.The successful completion of Phase I convinced the Owner to enthusiastically award the contract for Phase II of the marina build to Kelly Brothers. Phase II will include 11,438 SF of fixed dock, 2,564 SF of floating dock, 52 boatlifts, along with dock electric, water, sewer and fire suppression. Location: .. ' 1. q: 5000 Coconut Rd. Bonita Springs, FL Owner: 4 n K S LB Estero Bay Investments >, ,:a '- '� e s Engineer: _ fi �' ,.. Coastal Engineering Consultants, Inc. . t ° a 28421 Bonita Crossings Blvd. _ try, Bonita Springs, FL 34135 i Contract: ,� ,'› a 'rg Phase I &II: Prime A �e B B' ;x ' < " .� �''' y Estimated Completion Date: '` 1. 4.,r a <4, �' ° W Phase I &II: Spring 2025 ram. . u � , Current Contract Amount: Phase I &II: $8,051,707.56 • �' w '. ,.v: S- a � 'r', .a a f, ,t a , 11;71 i; 'i *1 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 16F1 ei CGC1519780 KELLY BROTHERS,INC The Quarry Boat Ramp Naples, Florida Kelly Brothers (KBI) was contracted by The Quarry Community Association to rebuild their community boat ramp. The work consisted of removing approximately 650 SF of existing, old and worn, articulated concrete block.The boat ramp was then leveled out and brought to grade using just over 22-ton of#57 stone. Approximately 765 SF of new articulated concrete block mats were flown into place using KBI's company-owned crane. All four sides of the ramp were pinned into the rock with rebar and then grouted to prevent scouring. A new section of grooved concrete apron at the top of the ramp was formed and poured. Two new steel bollards were installed to conclude the boat ramp build. Location: -� Alp 8975 Kayak Dr. ,r , c w • `< Naples, FL ay;ram. ',, :;.:, , )" e '€ . a'4 roe s .. '.7.(peA ,_. . y 4,.. e ' r E€ ' ' '.1. Owner: 5 #,�d ' ° k � a' %y 4, %' �/s; The Quarry Community 0 ; k` '`' Association, Inc. ��. ' '' 7'F ,' £ . . Engineer: Turrell, Hall &Associates 3584 Exchange Ave., Suite B ' Naples, FL 34104 + !' - Contract: - . r; Prime ; j y . Date Completed: "", v '" i -,1; w" , ,IvMay 2023 = Final Contract Amount: - r $194,609.00 ,`a10 ' , "wee i ,i __.40- -`Ki d p3 ..,yk .,.. �� .x 4 1,.., % * ^/ 4 �h,.,w ., i,..1.a .. .. iL «... n ss ,� ,. F Y`F� 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 41 16F1 _____1(aiCGC1519780 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 y,, s Bradenton, FL 34207 t' Owner: Bayshore Gardens Park & Recreation District , _, '-<, r 2 Engineer: Coastal Engineering Consultants 4 '•� � '-.. 28421 Bonita Crossings Blvd Bonita Springs, FL 34135 , Contract: F', Prime ""`v ' x u�Date Completed: a} . '� June 2019 Final Contract Amount: ,; �,, $314,146.20 y' s�' y ,�; � � ;�� 41' ( kr Ys} �- V ®r, x , - s y , } 1 "' a....,.,fin,.. I i s 1 A ff a �. : i.JIPiuIrJllII1 p ' r � of +� f g fx .s .t' _ �;.,' M ^' `^w ,``:. -,.. _. w : as Z7,-,--:f,,,;*:,':,';'0,,,, ,i.;„„ ,4.' 4: '' ' " ^ - ';'krrteh., tO'*,...',..'.,„?:-.,',,'' '', ° - .,„ w f K"L i., Xfw.9 �.� .XP ".` d !'ya i ' 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net fi. ► 1 6 F 1 ai CGC1519780 KELLY BROTHERS,INC Harbour Heights Boat Ramp Replaceme___ar nt 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. Location: _ 47420 Voyageur Drive > , {,.,mil'li, 1•r' .; Punta Gorda, FL r , i k Owner: =. -.: ::: I= _ Charlotte County BOCC4,11,.1: �� ,.: -,--,-,:i::,.-,-7, , i.,,,,,,---: , Engineer: , J eeE " '�a Weiler Engineering Corporation ! �, 201 W. Marion Ave. Punta Gorda, FL 33950 Contract: Prime ` ; Date Completed: February 2018 Final Contract Amount: .r $436,462.73 = o !b�R�a •_. - ; .. .fi r s� s r .� ", "' gym, s f M.w M r r r -'-" .«.. 16; n ? Y: . < � ' bra c ,a m -y . ^f r� -- .:, 2,-7 "`..' �^ a;, te,„ n a ,: eAc �' Pi Ri R , t yers FL P: (239)ne 482-7300dge oad ., \ . F:For(239M)48,2-801433908 www.kellvbros.net 15775 16F1 Ka' i CGC15197E0 KELLY BROTHERS,INC Pine Island Commercial Marina St. James City, Florida Kelly Brothers, Inc. (KBI) was contracted to renovate the boat ramp, barge landing, and marina facilities. Renovations included mechanical dredging of over 3,300 cubic yards from the main channel, a new and wider boat ramp, improved docks and barge landing, vinyl seawall replacement with tieback system, armormat scour protection, utilities, sidewalks, and the relocation of the marina office building. Location: a T5 ' � d rF f , ;+ rri a �' 3 Y 6001 Maria Drive � ay� � - Pi� St. James City, FL 33956 '�$ ��. . x L �� Owner: Lee County Architect: i, Coastal Engineering Consultants 28421 Bonita Crossings Blvd Fa, Bonita Springs, FL 34135 r- Contract: Subcontract Date Completed: April 2016 Final Contract Amount: $628,899.22 1 44 oolloileir?';,., . . - IN allaiiiii 1�i1�1 riik y , a" •.��b. 1m'y''''. tt I t,� h,.''I "�. mod. I ,,o046.•1 pirozill kti� ' '71 Wit \14 !,,, .,. . tz4 7,y £ / c ld fin., i we E.,.e. •,,ten d .d` ' i pine 'i•ge oa., o ryer , 3 uu P: (239)482 7300 . F: (239)482-8014 www.kellybros.net "001 16 F I Kai CGC1519780 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: 15001 Punta Rassa Rd 'f j. Fort Myers, FL 33908 r' ./' Owner: Lee County BOCC `° f , �nm j'J #tic m".1707 ,74 ` Engineer: NMWairon37an*es ! , Coastal Engineering Consultants ;ACI ' � .� "° 28421 Bonita Crossings Blvd ', Bonita Springs, FL 34135 .i r n,k — 1 II ' Contract: Prime r , * Tr , �Y� sue°"� y'+i 3 -, Date Completed: H ac ° December 2016 x ,, , � ?'' Final Contract Amount: r� s ° ,�w ''� ! $609,840.00 l,';i � ... 'm :_ x!4'# g;r, ri ' ''."lio ..r;' ,„•as.'d. a. , 'f , e� I.'�f r 1 {� 3Y 1 i, s,r� # '"•' `' 'fin : * ' ; ' =em i i° 4�r , . . _, 6 . F'�a', ram""P::- , . - E w } r 1 t d y 9.: `f.•.a't'�BY'$•Y"!b?�ai3i '^v�Yy ' I ,, . '' ' iI� $ 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 • F: (239)482-8014 www.kellybros.net .1 i sil<411 6 F 1 CGC1519780 KELLY BROTHERS,INC Jiggs Landing Bradenton, Florida Kelly Brothers (KBI) was contracted to remove and replace the existing boat ramp and parking lot. Project included 2,500 cubic yards of concrete parking lot, curbing and drainage flumes, 1,300 sq. ft. of vinyl sheet pile, aluminum floating dock, and 286 linear ft. of split rail fencing. The work was completed under budget and four weeks ahead of schedule. Location: 6106 63rd Street E3f3 Bradenton, FL 34203 � Owner: /' 44, �F. , , Manatee County, BOCC r Engineer: n' . .. ,.�. " omo CPH Engineers 3277 A Fruitville Road Suite 2 Sarasota, FL 34237 Contract: Prime ,, asx Manatee OlintliPatks 81 Date Completed: r ti _ June 2015 .I4 Final Contract Amount: ' " �� ,tir SITE IMPROVEMENTSFOR a $486 996.80 12.1� $. `t,' J1GGS LANDING ,--— ' Board of ETSY Caa7TrT3isslonrr K r :�_•. BST YBENrC i $ ,- •.f cet,.vi mAN 7 JOW4 Ii CdUM1YPCE t:nrKx,o�n,�ira0ct¢ = Rf)tit�i C),'y41tt,ltrAJ 1 { rrt, IE„r CIVIL E, '{3tN[CR ak'tarrT a+.kunrsa CC4iT!(AJ�Tsv+; � t.'tG1i�l�.l lA t't'9!V *wa..- WP5D C V TROC;TkYV C XV.t�:A1CA S. -� _ r,F11R�A 1 FAir1:.iORTH YYiAY 6F�b�tk,Af>YY �' ' .ro � I ' m4xu Y n " 8 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net Il1, I CGC1519780 KELLY BROTHERS,INC Key Haven Boat Ramp Stock Island, Cow Key, Florida Kelly Brothers (KBI) replaced the boat ramp at Key Haven. Work included demolition, clearing and grubbing, construction of 280 linear ft. of steel sheet pile wall with concrete skirt cap. Additionally, 11 concrete boat ramp panels were formed/ poured on site, set in place, then grouted and sealed. Sand cement riprap was set in place at the toe of the ramp to prevent scour.The natural environment of sea grapes and mangroves were protected as part of the project, while new subgrade, asphalt and signage completed the work. Location: US 1 &Key Haven Rd. t Stock Island, Cow Key, FL ` k � t �+ , Owner: � °,� ,� FDOT :a' '0iMx.4 ;,. ,,. <,,4 , a Engineer: `' - is A&P CT Engineers _ ; Ke 8935 NW 35th Ln ` ' `- Y' C Doral, FL 33172 ° �„ 4., ie , • Contract: • m aa5 n a r • m�, ,,t Prime 4. , 3- ,.t .,, tip, : ». - _ � .. Date Completed: -,- E ,. June 2011 Final Contract Amount: £ :xu ' � $468,879.95 x ' �� .dig. t ,x�-:c,x.,,,,,<;, a 7' tq , r eie x 3 ; +' �. ,� b fit. .. a }i J. k'''',,1-1,,-e-'ror,',40--,744, -- ;'c;-i'.==-4 ,.. ,,,,,.. ,...,..„,, , , ., ,,,,, ,,,,;,,,,,„„.„,„,,,,,,, , ,, „ , . , . ,.,....,,,,,-,,t, .4 .= '',„,;-7.., ,,,,r.--;- -; , ..::,,,:,,- , ,,, ,,,,h4::tAtz . ,...= ,i,,„ ,,,,wr•,; '-- • - ,� i 'i i �" . .. `. '..�w�'�R VS,'-'`zar'e• 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 0'. ! a 16F1 CGC1519780 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 Naples, FL '� Owner: ¢.; Herbert Chas Pohlmann Jr. ' i :*''4s„, '.._...-.._---._._ I Engineer: �.. °-h 1 -,= - .:' Turrell, Hall &Associates a `"�. .� Ate,' ' 3584 Exchange Ave., Suite B -�.,�- {r o "" - ---ott r Naples, FL 34104 1 `, _ . ' . ` ', E f a ..d. " * Contract: r rm Iz ' _:Prime fIY 9_QTjRS Date Completed: ,, : , : �a December 2018 ~ ' ` Final Contract Amount: °` �,`. �` . $1,547,311.03 .:, i , ,,,, , x Marine Construction y'° A " ,5 1. AIA G A P I KrF � yy �tl ,.. `.F � �1 {11 i .6x 1i , { ( bt tt F t e / r 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net ,"; 16F1 K'al CGC15197E0 KELLY BROTHERS,INC Naples Land Yacht Harbor Naples, Florida Kelly Brothers (KBI)worked to remove and replace 240 LF of seawall, which was severely pushed out of alignment during Hurricane Irma. The failed concrete wall was replaced with 12 x 8 Truline vinyl U-Channel panels, which were set to rock and cut to grade. Prior to tremie pouring concrete into each panel the existing tieback rods were modified with a HDG pivoting termination inserted through the panels to secure a composite exterior waler. Concurrently, a temporary sheet pile wall was installed in front of each home prior to removing short sections of damaged wall to prevent further soil erosion beneath the homes located in the immediate vicinity of the repairs. A steel reinforced concrete cap was installed followed by a french drain/ well point system and then backfilled. Location: 301 Pier C Naples, FLP. Owner: . g� , ...,.,.,.,, " Naples Land Yacht Harbor „sl,�'r '': ': Engineer: Turrell, Hall &Associates '" ""'', "` >. u•_. a 3584 Exchange Ave., Suite B w > ,, Naples, FL 34104 , t _ k A H ixE Contract: .^'• M1 Prime Date Completed: December 2018 Final Contract Amount: t , L11, $281,650.34 , ' ,- + vZ* i ,, ,, --. 1'1-,,°, ,r.,: " .,.1' -:* :`:;,,,',$cia-,,,-4,ci,i,,:::1, ,. "_t w apt • P * !- '';ijk.035-.. ., , / , * , ',,,.:' =,,,,... •,- '4,, ii ii i , , II 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net fka'YI 16F1 CGC1519780 ,01 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. I' Naples, FL . Owner: „%� MarineMax, Inc. Engineer: { Reuben Clarson ConsultingSte. 213 750 94th Avenue ., N St. Petersburg, FL 33702 Contract: , Subcontract t Prime Contractor: GCG Construction 6819 Porto Fino Circle, Suite 1 , y� Fort Myers, FL 33912 ,` '''1 ' ' Date Completed: v. , t February 2018 ,3 'SirSi f� I Final Contract Amount: 8'� ; • -- V $193,098.00 '� S. { 3 p 3�8 T K.k '+�%%. "hu`k2b n �� b, S�k Wv � ) .artE 9a ,;,.:. ,., ,,. , 0 ,,...• i ilr 3 I 'roe. - �41:, ! ,, - „ f t „, ,,: ip, ,, - , .4,:,,,, .. ,.. , , , w < f 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net ‘4. 16F1 ........i��(4 1 CGC1519780 KELLY BROTHERS,INC MarineMax Sarasota, Florida Kelly Brothers, Inc. (KBI) was contracted to remove and dispose of the western seawall and 34c 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 for a 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: MarineMax East, Inc. r : ▪' Engineer: - j • } "-�"' ;' ▪.. : � Hans Wilson &Associates �1 �` - '. - .. _ ....:• ' °*-, 1938 Hill Avenue "''�'," 4r �"� Fort Myers, FL 33901 .,� _- "'*' i � ',' 4 r x i›, Contract: Subcontract x� "e m y AT q Prime Contractor: pf 4 s , `, ,,�.'.c , r4` ,-;, ,,. r- ` „., t ''�' '�/. a r..;. GCG Construction .*•. �, , , ,fk e - 6819 Porto Fino Circle, Ste 1 ', t r, , �sa� .�' Fort Myers, FL 33912 P' �. ,4,r ,.' _- s�� :'` �, Date Completed: 'j September 2019 �""° Final Contract Amount: (( n .4. $348,851.66 rt �:; -14 „ w A �' .. } v a 'tea "' r"yt '�; a 4. 4 ,,... ' l -i / --- -:- ' '''., '", ,a� 'r'`rod#` 4 .. ��^ ,a rrn "fir a .-'� tea' !alga 157 Ri , ot e , FL P:75(239)Pine 482-7300Road. FF: (239)rMy 482-8014 rs 33908 www.dge kellybros.net 16F1 fli<41 CGC1519780 iiiiimminimmar KELLY BROTHERS,INC Pelican Isle Yacht Club Naples, Florida Kelly Brothers (KBI) is currently working with the Pelican Isles Yacht Club (PIYC), which was one of many marinas in SW Florida heavily damaged by Hurricane Ian. KBI was contracted shortly after the horrific hurricane to demolish the storm-ravaged docks, construct new docks, and replace multiple seawalls.The project has been broken into seven phases allowing each phase to be turned over to the PIYC community for use as each is completed. Phases I, IV and VI consists of concrete floating dock; KBI has installed 26,900 sq. ft. of floating dock, seventy-eight 14"dia. x 56' L steel pipe piles with HDPE sleeves, nine gangways, and fifty 12"x 40'timber fend off piles. Phases II, V and VII include replacement of 741 LF of seawall.The new vinyl seawall and concrete cap build had to be done with great care to avert any damage to the multiple upland utilities that remained in place, such as electrical transformers and stormwater drainage. Over 132 helical anchors have been installed as part of the new seawall build. Phases II, III and V also included 10,476 SF of timber framed fixed docks with composite decking along with the piles needed for future boatlifts.The work of phase VII includes installation of 3,328 SF of aluminum floating dock with nine 14"steel pipe piles with HDPE sleeves, one gangway, a set of articulating stairs, and a 5'x 10'aluminum fixed landing supported by 14"concrete piles. Installation of 604d LF of dock handrail constructed from composite decking and stainless-steel wire rail components will complete the docks. Location: 410 Dockside Dr. Naples FL w �� a�. ^ ' s as Owner: - ... t�,a o, Pelican Isle Yacht Club, Inc. irg "° _ . I Engineer: -�°'°` r"4 a�4 ` . - _ ...,� ,-t• ' • Turrell, Hall, &Associates G ' A x 4 ". ,'r; V i 3584 Exchange Ave., Suite B - - a 1:k f Naples, FL 34104 ` ' k k-; *q k -...r ,,, x , ra,. 4 t .-'::: a" ,7' Imo. °� ^ ,1"' Contract: = r--� , .. Fixed Dock&Seawall: Primed. Floating Dock Install: Subcontract ,, Estimated Completion Date: April 2024 "` 3:::. Current Contract Amount: �Ip �_ ,�,, p, gars '- $7 644 576.55 ,r .g �. e"MOO..'11 r1 �4. ., ''' a4..; , , Pl. b 4� .1: s 4 a'l1 Ar r1N r„'r , `1,,� ft." H `tv 'seeotro4e u,. u \ ;:' m :a Isa1ii ' ,'. ,l,: ,�i , »ry —.....,,,,•,,,'" ;.�`$� �+`- r. �` � ", I �� ..0' ` + ''stem;, M1 Iyia {€ 38vAi , 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net � 1 Ka] 9780 imiiimmisalammillIr CGC1S1 KELLY BROTHERS,INC Venetian Bay Yacht Club Naples, Florida Kelly Brothers (KBI) was contracted to rebuild the timber fixed docks, wrecked as a result of Hurricane Ian, at the Venetian Bay Yacht Club, a 75-slip marina. Work consisted of the demolition and removal of approximately 8,028 SF of existing fixed wood docks along with the associated pilings and utilities. KBI then installed 660 pressure treated timber piles. Total square footage for the framing and composite decking of the five new fixed docks is approximately 10,446 SF. Management and coordination of subcontracted utility work included electric, water, and fire suppression. KBI also worked with 36 individual, privately-owned slip owners to order custom boatlifts, ranging from 10,000 to 40,000 lbs. Custom walkways, boarding platforms, and steps were also ordered as requested by each separate owner. Kelly Brothers also managed the installation of the multiple boatlifts and associated custom components. Location: 4530 Gulf Shore Blvd. I iii Naples, FL r Y Yi Y- 9 9 Owner: ` z «, E� z' `f' Venetian Bay Yacht Club and -...i ' I` '. t k,. ; °'X yy, ..:iv.., >�. ' M fi t F it Private Boat Slip Owners ; :7� :w ^., - ag .. '�„, 7- f�+,,, .....,, ram a.li sy, Engineer: " r.:",.« ',: .r rW • , .era..«w quMt 'y�° �, �7 9 r 'a�¢ � 14 Terrell, Hall, &Associates ";; 3584 Exchange Ave., Suite B Naples, FL 34104 , r Contract: Prime L 4 � ems" Date Completed: . o ` 'September 2023 a e 0� 4' 4 a ' ; - �H -� ,' . Final Contract Amount: ,, , ;, $3,681,417.79 :t� ` 1� ;,...._. ' '' ' ;, 0$0 �, „ f ry SA ,i,'''' ,0,no + it. , ,,, '..., , 1 * '.?.,'s'L !. E '',1,;,.1:;,,, ,'',;;/,,e,,,,,-,04.,,,Q.‘tt,,„,,,,-„„ ,,,. . ' ., ?,,„,„,,,„- ::.: ,-.-, i.; t.i • ,�,,..,a > ��M°` X,;� - _ s S. °a y;" S' �sr�'.. . ,� n -:�� aS : ��&` 1e 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 . F: (239)482-8014 www.kellybros.net 141t41 16F1 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. 4 Marco Island, FL q, ' Owner: o � �y 14',-+ <±. E< ,tic:° [ 1 tb. .+� ► Marco Island Yacht Club ��°°°� �,e�. %•z' -. ; -: � � Engineer: • 1kM Turrell, Hall &Associates da- � 3584 Exchange Ave., Ste. B Naples, FL 34104-3732 Contract: Prime Date Completed: November 2021 Final Contract Amount: ; , ^' '•� �" '` y $4,914,968.96 a:� j J sy ...• *, tr -'... -ram • �' na f, �, o � -" , �!�i - I 4 P.a r a "fill - a �.a,- - : }g 15775 Pine Ridge Road,Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 1 6 F 1 I(a] eGc1519780 laiNiiiiiMMillir 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: 4 � '�� 735 8 Street South �1 - 4 � Y , Naples, FL r A� `%� fir i r, Owner: City of Naples Engineer: Turrell, Hall &Associates i 1 3584 Exchange Avenue f 4 ? " Suite B t� -, —- t 6 Naples, FL 34104-3732 ' # 1 ' �. y Contract: �'� _ ` .) Prime ~- ' 000` r =l Date Completed: `j • . _; ; February 2018 "; ., Final Contract Amount: '` $5,901,805.05w F• , I , j ; �� ovw -y gym.: F t t s 4. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net ,30 1 6 F 1 Kai CGC1519780 1111111111111111111110.111, KELLY BROTHERS,INC Water Control Structure No. 108 North Port, Florida Kelly Brothers (KBI)was the prime contractor to construct a new water control structure (WCS) located on the Cocoplum Waterway between the existing structure and Collingswood Blvd.The new WCS includes a coated sheet pile weir with reinforced concrete cap, 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: �� , '�' } 3 Cocoplum Waterway, f, y„ W. of Collingswood Blvd.; .,: North Port, FL F` E h r, Owner: : . ..�. �er,. wrlI . Ill ' ' City of North Port '�- 1'.t ., �°1 rr' r3 Engineer: rt- Kimley Horn :'° 1777 Main St., Ste. 200 Sarasota, FL 34236 tx ' Contract: rrq��, iex°,p4ii4��r Prime Date Completed: - � June 2022 ;-kp �� ri - *q 3 ' :°. Final Contract Amount: ;. � $2,257,458.05 , , y �� a +t , ,-" - 1,01 a rs• "�_' �f ', -Via, -a a «• ^ :.ra:° $ € � k ka �Z,a w , :' ) ram'` ^ y 1 ,, L , '*4„,%., '.., - ' ' ,,,/ ^ 3 _ W Y .. «.. "am'µ e.e� _!�. .k+.v._,^, ,,.. .., ..-._ .4'aY•A 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net , r. 16 F1 Kai CGC1519780 KELLY BROTHERS,Inc Cons-Buckley's Pass Punta Gorda, Florida Kelly Brothers'(KBI) was tasked to create a navigational access channel connecting the Punta Gorda Isles canal system to Charlotte Harbor. The channel, approximately 1,446 ft. long and 60 ft. wide, was cut through a mixed wetland/ upland area. Over 17,500 CY of material was dredged to form the pass and clear the adjoining waterways. Due to the constrictive site conditions and access, dredging operations were limited to small barge toads of 65-75 CY of material, with multiple trips to the spoil site on a daily basis. In addition, 1050 LF of vinyl seawall with helical anchor tie-backs was installed below water to protect the newly formed mangrove banks. A Smalltooth Sawfish habitat was created, 900+ tons of rip rap was installed for erosion control and 700 mangrove seedlings were planted. Regardless of the challenging site conditions, the project was completed on time and under budget. Location: ��vyg .:v w E �n n , r Cons-Buckley Pass , ; �^ r � � �f � �� t Punta Gorda, FL _ � ' i Owner: d ti �, � r �' Cityof Punta Gorda A � f ° < ®`� Engineer: `t c 1 ^�', ! a Hans Wilson &Associates 1 , -: i,.t � ', , z !', 1938 Hill Avenue . " ` c am _ '-� ,, 4. 06. *f , , am„ Fort Myers, FL 33901 few.." 4 d #x� ; ;!�'•: ; . '•' "_'� , ,F., s a x ; z,, s �� Contract: 40 -a %� • t. Date Completed: '4�x :0 ��144''� 4' Z: '' - ' ' April 2020 , 4 �r. ' A � b •�_ Contract Amount: *�' Z � . ' - �. ;.� h $1,788,424.16 r ''* ..,i0F7'9*IF*4 ''''''''''' ' -:.', ':':^ - 19'. ' ^::: ::.*0;r• . "'''' :3,,' "' ..,:$.;',.. '': ''''k*....'''' '' ' '. ::-**- 4}, ' ' 17.......'1400,41F.- . '1*A,w.*7...e,,*rN,,,-,,,-4i,re'--.-,-k:#6,;.:q:;4I-0,r-#'.4'I..,,,v-.P ,-.'--''-,-,---,‘,:.-,,...,.,,0.,.,„- • ,,,i-..,,.-,.,,'....‘;''',4!=: .'.'.';'':,4;'!•,7.4.,''7',:4,,,„3,7-,:r:„f,..,);''.',('.:4,:4"j,..1e!. ,„ _ • t , - ems' a+ F°� ' } ti r'" r _ , C, ,, ',,, l' J =mar 'v ryt✓' ': %.,,d 4 "' 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 . F: (239)482-8014 www.kellybros.net • al 16F1 CGC1519780 IIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIISr 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 = =-',, .- "'�' 4i Marco Island, FL r:: , . .• Owner: ,,,,„ " ' ` Ville De Marco West, A ' _. .,. ,00,,! '' Condominium, Inc. r ti OP° i. 3,, ,, -.. 9i -,, En neer: Coastal Engineering Consultants 28421 Bonita Crossings Blvd a9 .�.nx..a�+�%r� hx q,.�„�F,<.a�y z�.�.�.r,." tz;"`a��..�1mr.., Bonita Springs, FL 34135 ... Contract: r ,• V. < » _, •;!"* ', s ,' -_ 4 .,,. ' 50- Prime . .. �., (‘�� ,� .� ' "�` ,^ e Date Completed: . _� � g_ ,%\ May 2020 -, - _ t. . Final Contract Amount: `:. � ems, 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net : . i6F1 alSOININIir 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 i 61 ; I LEE COUNTY January 17, 2017 SOUTHWEST i FLORIDA BOARD OF COUNTY'NTY' c.;0MMIssloNE:Rs (239) 533-8133 John E.Manning District One Cecil L Pendergrass District Two Larry Kiker District Three Brian Hammen To Whom It May Concern: Dist,ict Four Frank Mann D ist'" Five This letter shall serve as a recommendation of Kelly Bros, Inc. for marine Roger Gesjarie County Manager construction, boat ramp construction and dock construction. Kelly Bros has Richard Wm Wesch contracted with Lee County to build numerous docks, boat ramps, and other marine County Attorney projects. Kelly Bros projects have been extremely high quality, under budget and Donna Marie Collins accomplished with a positive working relationship with project managers and the Hearing Examiner public. They have a professional and accomplished staff and have been found to under promise and over produce. If there is anything further you may require, please contact me at the number listed above. Sincerely, • Mike N. Campbell Marine Project Manager Division of Natural Resources P.O. Box 398,Fort Myers, Florida 33902-0398 (239)533-2111 Internet address http://www.lee-county.com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 16F1 WEILER ENGINEERING CORPORATION EB-6656-ENGINEERING SERVICES INCLUDE CIVIL I LAND DEVELOPMENT I WATERFRONT RESORTS I UTILITIES I MUNICIPAL GOVERNMENT I STRUCTURAL I MINING I GIS-GPS \ yi . I pc ellence in engineering 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 ../i7r, ,,,,,, . / ...._ Mike Giardullo, P.E. Director of Civil Engineering PUNTA GORDA OFFICE: 201 WEST MARION AVENUE-SUITE 1306 I PUNTA GORDA I FL 33950 I TEL 941-505-1700 I FAX 941-505-1702 MARATHON OFFICE: 6805 OVERSEAS HIGHWAY I MARATHON I FL 33050 I TEL 305 -289-4161 I FAX 305 -289 416 2 KEY WEST OFFICE: 6630 FRONT STREET I KEY WEST E FL 33040 I TEL 305 -289-4161 I FAX 305 -289-4162 WE INVITE YOU TO VISIT OUR WEB SITE AT WWVV.WEILERENGINEERING.ORG OR EMAIL US AT INFO@WEILERENGINEERING.ORG 16F1 Lee County January 18, 2017 , OuCfWest `Florida BOA RI)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 Hammen 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,Welch 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 Hearing 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 soutelle@leegov.com (239) 533-8128 P.O.Box 398, Fort Myers, Florida 33902-0398 (239)533-2111 Internet address http://www.leegov.com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 1 6F1 ElCOASTAL CEC1 Group Services ENGINEERING Civil Engineering PPP' CONSULTANTS Planning Services Survey & Mapping N C. Coastal Engineering Environmental A CECI GROUP COMPANY Website: www.coastalengineering.com September 23, 2016 RE: Reference for Kelly Brothers,Inc. To Whom It May Concern: I have worked with Kelly Brothers, Inc. closely for many years on a variety of different types of projects including shoreline stabilization. We are currently working with Kelly Brothers, Inc. on the Punta Rassa Boat Ramp Replacement Project for the Lee County Parks and Recreation Department. 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 239-643-2324, Ext 128. Sincerely, COASTAL ENGINEERING C LLL:EANTS,INC. t)2F-,° `< 1 ---- Mark A. Kincaid, P.E. Senior Engineer ,L(.0.!{rrrnr-t?,qta.r from r',nrrrn,u,rKrtid.utf,rK+'IIrt,„t!i 1/,In 2t)/64N23.J,,, 3106 S.Horseshoe Drive,Naples,Florida 34104•Phone(239)643-2324 fax(239)643-1143•E-mail:_uufn a cec.itl,com SERVING FLORIDA SINCE-1977 ^7y � , 16F1 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 PatrickgTHAnaples.com 16F1 February 20,2019 Mr. Dane Kelly Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 RE: Letter of Recommendation:Seawall Replacement—Naples Land Yacht Harbor, Naples FL To whom it may concern: On behalf of the community at Naples Land Yacht Harbor I would like to thank Kelly Brothers'team for the replacement of 240 LF of Hurricane Irma damaged seawall.The management and construction team appointed to perform this work was excellent and contributed to the success of the project's execution and completion time frame. Special care was required for this repair since homes are located in the immediate vicinity of the severely damaged seawall. KBI took great care in preventing additional damages to these homes by demolishing the seawall in small sections and installing effective temporary shoring as erosion control. The team kept the site clean and tidy,and were always polite and professional to inquisitive members of the community.The completed seawall exceeded our expectations of what was to be expected by leaving the site in pre-hurricane conditions. I highly recommend Kelly Brothers, Inc.to anyone needing the installation of a Truline panel. I am confident they will be able to handle any challenge your project may encounter and provide quality workmanship. Regards, .1.0jA/711-------- lack Bonzelaar Naples Land Yacht Harbor 301 Pier C Naples, FL 34112 16F1 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, f ;> 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 GC,G 16F1 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, Teely Byr Vice President GCG Construction, Inc. 6819 Porto Fino Circle Suite 1 I Fort Myers, FL 33912 Tel: (239) 454-7304 I Fax: (239) 454-7352 www.GCGbuilds.com CGC 1507846 16F1 March 29, 2024 Kelly Brothers Inc. Commercial Marine Construction 15775 Pine Ridge Road Fort Myers, FL 33908 To Whom it May Concern We would like to express our complete satisfaction with Kelly Brothers, Inc.(KBI)for their work on the Venetian Bay North Yacht Club marina in Naples, FL.We received three bids and, although KBI's was not the least expensive, it was by far the most thorough. Moreover, in our meetings with Dane and Travis Kelly,we were impressed by their local knowledge and walked away with great confidence in their ability to manage the complex timeline and multiple subcontractors involved in rebuilding a 75-slip marina. Our confidence was not misplaced. First,we faced an unfathomable delay by the US Army Corps of Engineers, and we were subsequently obliged to change Project Engineers midstream.As we were gearing up to start the project, Hurricane Ian hit with a fury.Through it all, KBI was our one constant.Whil the nearly two-year delay was not of KBI's making,our association worked hand in hand with Project Manager Zach Trask to bring the project in just 8%over our initial budget, despite sky-high inflation in the intervening timeframe. Our membership is delighted with the results.The quality of construction is impeccable, and the follow-up service has been timely and supportive.Accordingly,we offer our unreserved and enthusiastic recommendation for the entire KBI team. Sincerely, / tiV fif\KI v c44.4./../4 Peter Lawyer Peter Ward Forrest Robinson Past President President Vice President Venetian Bay North Yacht Club 1 6 F 1 NIAM;0 ISIAI) 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 KB1 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'! I 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 Ever%t— Chairman, Board of Directors Marco Island Yacht Club 1400 N. Collier Blvd. Marco Island, FL 34145 16F1 ?c !� . i' NAPLES CITY DOCK TELEPHONE(239)213-3070. FACSIMILE(239)213.3072 880 12T"AVENUE SouTI I . NAPLES. FLORIDA 34102-6796 To whom it may concern: It is with pleasure I write this letter of recommendation for Kelly Brothers, Inc. I wish to acknowledge the high standard of performance, professionalism, and diligence exhibited by Kelly Brothers during their work on the Naples City Dock multi-million dollar renovation project. The task included a combination of fixed and floating docks, the reconstruction of three overwater/floating buildings, design-build fuel system, and all utilities (fire, water, electric and waste). Kelly Brothers was responsible for the oversight of the entire project; they self-performed 64% of the work and directed multiple subcontractors. Particularly noteworthy was the attitude and cooperative reactions by key Kelly Brothers' personnel to difficult and tenuous conditions caused by the intricacies of marine construction. Their employees kept the site clean and tidy, and were always polite and professional to 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 may present, as they did with ours. My experience working with Kelly Brothers over the course of this 10-month project clearly demonstrated to me the City made the right decision to use their outstanding firm. I would recommend Kelly Brothers to anyone demanding quality workmanship for projects in and around the water. 116-5--61 Roger.Jiicoll'SCn l!arbor IMatitcr City of Naple,, Florida 16F1 7, ,NAV OF pp ry L City of North Port L 10012,:n1) GV o Construction Performance Evaluation �' ' .' fNCUI 969 F L O R ► D A \ �lOR% INSTRUCTIONS: This form should be completed at the end of a contract term,completion of a project,or as needed/requested. 1. The Department shall evaluate the Contractor on the performance factors below(include the Contractor's overall rating). If the overall rating is fair or poor, please provide an explanation under"Comments". If a factor below is not applicable, please indicate "N/A" in the comment section.You may add other factors in the blank spaces on page 2 below. 2. The Department shall email the form to the Contractor for their review/response and acknowledgment. 3. Contractor, please return the completed form to the Evaluator and the Purchasing Division by; E-Mail: Purchasing@cityofnorthport.com,or Fax: (941)429-7173. CONTRACTOR INFORMATION: Contractor: Kelly Brothers, Inc. Date: 07/20/2022 Contract No. 2021 -31 Commodity/Service: Construction of WCS 108 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. March 2022 Page 1 of 4 16F1 Evaluation: CONTRACTOR Factors Excellent Good Fair Poor Comments Acknowledgment Agree Disagree Work completed on time— Excellent ✓meets deadlines Compliance with order terms or adherence to scope of work Excellent v/ /specifications Follows stakeholders/departments Excellent directions Quality and accuracy of work performance/technical abilities Excellent Maintains safety practices Excellent V/ Promptly handles routine requests and furnishes info. Excellent when requested Response through and follow Excellent ✓ Handling of complaints or resolved problems/customer N/A, no complaints received complaints timely Working relationship/ communication with City staff, Excellent architects,and engineers Project management and Excellent controls Properly supervised staff and Excellent ✓project coordination Management of Sub- Contractors,coordination,and Excellent payments Finishing/Clean-up of project Excellent ✓ site Completion of punch list items Excellent ✓for final completion Providing close-out documents Excellent Emergency Responsiveness N/A, no emergency during construction Department's Overall Rating Excellent Please use space provided below. March 2022 Page 2 of 4 Evaluator Comments(please attach additional pages, if needed): 1 6 F 1 The KBI team is extremely professional, responsive and their work quality is impeccable. Jake Kinnear is the KBI project manager, Dale Bird is the site supervisor, Bob DeMeo is the Controller& Contract Administration. This project is one of the fastest water control structures constructed in the City, with no issues from the surrounding community. Jake is very thorough and timely in shop drawings submittals. Where needed, request for information was submitted. Jake's management skills kept the project moving forward and completed well in advance of the deadline with no change orders. Pay requests were submitted accurately and request for additional information provided promptly. Would you recommend this Contractor for future contracts? Yes � No . If no, please explain below: It was a pleasure to work with the KBI team and i look forward to working again with KBI on future projects. Contractor Comments (please attach additional pages, if needed): Working for the City of North Port to construct WCS No. 108 was a great experience. The city staff and FOR were knowledgeable of all aspects of the the project and responsive to submittals, RFI's and pay applications. In addition, the team atmosphere and amiable personalties of the cities staff inspired efficiency and quality throughout the project. Kelly Brothers Inc. greatly appreciates the opportunity to work for the City of North Port and hopes to work together again in the future. March 2022 Page 3 of 4 16F1 EVALUATOR INFORMATION: Name: Elizabeth Wong, PE Title: Stormwater Manager Department: Public Works/Engineering Cell Phone No.: 941-628-1475 E-Mail: ewong@cityofnorthport.com Phone No.: 941-240-8321 Digitally signed by Elizabeth Wong 07/20/2022 'Date:2022.07.20 11:00:43-04'00 Signature Date CONTRACTOR REPRESENTATIVE: Name: Jake Kinnear Title: Project Manager Company/Organization: Kelly Brothers Inc. 239-482-7300 239-219-4382 akek kell bros.net Phone No.: Cell Phone No.: E-Mail: v y Digitally signed by Jake Kinnear Jake Kinnear Date: 2022.07.22 09:18:45 -04'00' Signature Date DATE RECEIVED BY THE CITY'S PURCHASING DIVISION: PRINT CLEAR ALL FIELDS March 2022 Page 4 of 4 16F1 Co ie-r County Administrative Services Department Pr ,:urea nt So-vices Or,e,on Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: No.21-7885 Reference Questionnaire for: IFQ,Beach Maintenance Related Activities (Name of Company Requesting Reference Information) Kelly Brothers,Inc. (Name of Individuals Requesting Reference Information) Dane Kelly,President Name: Gary Disher Company: City of Punta Gorda (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: GDisher@cityofpuntagordafl.com FAX: Telephone: 941-575-5021 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey.Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the frnm/individual again) and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored"0." Project Description: Cons-Buckley's Pass Completion Date: April 2020 Project Budget: $1,788,424.16 Project Number of Days: 245 Item Criteria Score(must be completed) 1 Ability to manage the project costs(minimize change orders to scope). 10 2 Ability to maintain project schedule(complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration(completed documents,final invoice,final product turnover; invoices;manuals or going forward documentation,etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 99 ***UPDATED JANUARY 28,2020*** 1 6 F 1 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 %%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, �y✓s� _y �,: '1 "gK't` ID�_.✓` 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 6 F 1 L.__ FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price arc costs for complying with the Florida Trench Safety Act(90-96.Laws of Florida)effective October 1. 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Ouantitx t Cost (Description) (LF.SY1 I. 2. 3. 4411.11111111 4. 5. TOTAL$ Company: Kelly Brothers,Inc, Signature: ,e15,--: Date: 04/04/2024 Dane Kay,President Kelly Brothers,Inc. l 5775 Pine Ridge Road,Fort Myers.FT 33908 Stine of Incorporation!Florida Construction Solicitation Doc rev 04152022 (c\I..) ‘ ._--•1 16F1 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 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 unt!+Boatd f,C.ounty Commissioners (hereinafter called the Owner),in the full and just sum of Five Percent(5%)_Percent 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. 23-8179. 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.andgdy,eerticaor the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$QtAtriQunt Bioi noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 5th day of April ,20 24 • KELLY BROTHERS, INC. Principal BY 0- (Seal) U. S. SPECIALTY INSURANCE COMPANY Surety (Seal) �'�,� Wend mgson,�Atto ney-In-F - Countersigned Wendy Hin , Florida Resid Agent(239)275-8226 Appointed Producing Agent for VTC Insurance Group 6820 Porto Fino Circle,#2 Fort Myers, Florida 33912 16F1 ,,, 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,FL its true and lawful Attomey(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 31 st 2028.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 Attomey(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 181 day of February 2024. pie i)''.i. iptr�C „ •'S suq elci4fxvf AMERICAN CONTRACTORS INDEMNITY COMPANY,TEXAS �u� �bti `. c'`' j: +' �"• °�i-. BONDING COMPANY,UNITED STATES SURETY COMPANY, i & c L :to 0 4 ,,Mnf , I -, F, -I 'V.:, U.S.SPEC ALTY INSURANCE COMPANY it 11C09POMrCa , w: Z C /�l/t I ijl c a? ,- C4• SEPT 25 1990 a 1• pY -.`_......... ycQ : Daniel P.Aguilar, if President hIL:; Ni00,3' „•1i• - I-i -.N5,7 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. State of California County of Los Angeles On this 18t day of February 2024, 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. WITNESS my hand and offs • I seal. —— —" �� D.mum) `r—'^' l 4,1 wmury Public•puicodi k i vs�'e.. to MVOS taunt)' Signature (seal) �w+v wtn�um+sarssc j .� xvco°m.Expa.,��n 1t,sort I, Kio Lo, Assistant Secretary of 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�oit t1t�e Povve.rofAttorney are in full force and effect. in t ` ss Whereof, •#`have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this � 'day o# tl � y� 0 oos ti*h 't 1 a ,, a„ Bond a l r , 1..� ro A- 4•" Agcrady No .w rKow�whe i x w- Quy1 O `� ��\tI�(+ Rio La. A` and Secretary 50 ; ' 6E Tt5 !Po Kb Y ' V 4i I _ r).„ alas*+ .�:�" Ay�.C7i"I, P�� t * HCCSMANPOA022024 ,�,.° visit tmhcc.comisu information for more i 41i4I(''`. 16F1 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. Coverageal 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 coverageW 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 coverage)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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 16F1 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits I. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ®Employer's Liability $_I,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 Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired;Automobile Included 6. ® Other insurance as ®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 Contractor's Pollution Liability $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 ,1 1 6 F 1 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. 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—2/8/24 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,Inca Date:04/04/2024 Vendor Signature: Print Name:Dane Kelly,President Kelly Brothers,Inc. 15775 Pine Ridge Road.Fort Myers,Fl.33908 State of Incorporation:Florida 16F1 Co ler 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 favorofmy firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor.which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter ofpublic 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 Brothers,Inc. Company Name Signature Dane Kelly,President Kelly Brothers,Inc. Print Name and Title State of Florida 15775 Pine Ridge Road,Fort Mycrs,FT.33908 State of Incorporation:Florida County of Lee The foregoing instrument was acknowledged before me by means of lz ph)sical presence or 0 online notarization. this 4th day of April (month). 2024 (year).by Dane Kelly (name of person acknowledging). (Signature of Notary Public-State of Florida) Ann Marie Aeschliman (Print.Type.or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced ANNMARIEAESCAM 1 * Ci4nM ISSi0n f Hti 3050 ->•464�< Expires February 11,2027 �oFrp 16F1 Corr 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 4th day of April ,2024 in the County of Lee ,in the State of Florida Firm's Legal Kelly Brothers,Inc. Name: Address: 15775 Pine Ridge Road 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@kellllybros.net Signature by: (Typed and Dane Kelly written) Title: President Kelly Brothers,Inc. 15775 Pine Ridge Road,Fort Myers,FL 33908 State of Incorporation:Florida • t 16F1 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 Road 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 16F1 Cotter county Procurement SeMces 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 INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes ti448.095.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. Company Name Signature Dane Kelly,President . Kelly Brothers,Inc. Print Name and Title State of Florida 15775 Pine Ridge Road,Fort Myers,FL 33908 State of Incorporation:Florida County of Lee The foregoing instrument was acknowledged before me by means of Gd'physical presence or D online notarization. this 4th day of April (month). 2024 (year).by Dane Kelly (name of person acknowledging). „. ().44, a (Signature of Notary Public-State of Florida) Ann Marie Aeschliman (Print.Type.or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced Ptikf, ANN MARK AESCVLY" Ihma Commisalon 114'11'13b$S4te ?WV4; Expires Februar'f 11,202 16F1 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. 1. 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—Current State of Florida General Contractors License 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. 16F1 cGcisi97aa KELLY BROTHERS,INC Required Information 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 4/1116 F 1 a CGC1519780 KELLY BROTHERS,INC Kelly Brothers E-Verify "Edit Company Profile" Screen E-Verify Company Information Company Name Company 10 Nunber Doing Business As(QUA)Name Kelly Brothers Inc 384325 Kelly Brothers.Inc. DUNS Number 085714871 Physical location Mailing Address Address I Address 1 (5775 Pine Ridge Rd 15775 Pine Ridge Rd. Address 7 Address t City Ctty Fort Myers Fort Myers State State F%. FL zip Code Sip Code 33908 33908 County 1.F E Additional information Employer Nientification Number Total Number of Employees Parent Organization 592069592 20 le 99 Kelly Brothels,Inc Admintstrnior Organization Designation improper Category None of these categories apply ii NAICS Code Total earn°Sites Total Points of Contact 238-SPECIALTY TRADE CONTRACTORS 1 Yiew,t,Etlit I Vlaw i EMI] [VIEW t Eeit] 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239)482-8014 www.kellybros.net 6Fl DIVISION of CORPORATIONS an official State of Florida welisite 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 2022 04/14/2022 2023 03/24/2023 2024 02/06/2024 16F1 eft.,,, Ron DeSantis,Governor ' � Melanie S.Griffin,Secretary r� � dbr - ) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES ..0Yi --_-_ * T" '.::: --;1= =.-.',_ -;". % • -2 •sl 4§irr KELLY, DANE P _ : i KELLY BROTHERS, INC t=.'a. ', 15775 PINE RIDGE ROAD '� : FORT MYERS FL 33908 LICENSE NUMBER:CGC1519780 EXPIRATION DATE: AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com ❑ ISSUED:06/18/2024 ski • •. ,;',[• Do not alter this document in any form. k•:;1 •T.� o•. This is your license. It is unlawful for anyone other than the licensee to use this document.4. 0 16F1 THET . Ron DeSantis,Governor riAlF Melanie S.Griffin,Secretary --'-'-- � 1531# A.,. ,ti._ STATE OF FLORIDA �D DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES OP/. 7, ----.7__, _ --F't.--_-_tf: E.--„_L7--,-C.:oet. KELLY, TRAVIS EDWARD KELLY BROTHERS INC , ' 18200 PARKRIDGE CIRCLE i=i/ FORT MYERS FL 33908 / LICENSE NUMBER: CGC1528509 —1 EXPIRATION DATE: AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com E,•'`•'7.' :1 ISSUED:06/18/2024 'ti •'I Do not alter this document in any form. .:. go•t This is your license. It is unlawful for anyone other than the licensee to use this document. CI . n 0 16F1 Form W 9 Request for Taxpayer Give form to the (Rev,March 2024) Identification Number and Certification requester.Do not Department Revenue f the TreasuryiceGo to www.irs.gov/ForrnW9 for instructions and the latest information. send to the IRS. Internal Service 9 Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) Kelly Brothers,Inc. 2 Business name/disregarded entity name,if different from above. m 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to cr only one of the following seven boxes. certain entities,not individuals; a see instructions on page 3): c ❑ Individual/sole proprietor ❑ C corporation ID S corporation ❑ Partnership ❑ Trust/estate 0 a ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . , Exempt payee code(if any) o. o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax 'is classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax `0 2 box for the tax classification of its owner. Compliance Act(FATCA)reporting C N ❑ Other(see instructions) code(if any) a n 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to accounts maintained and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check this box if you have any foreign partners,owners,or beneficiaries.See instructions ❑ outside the United States.) rn 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 15775 Pine Ridge Road 6 City,state,and ZIP code Fort Myers,FL 33908 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) J Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid (Soccial security number backup withholding.For individuals,this Is generally your social security number(SSN).However,for a — — [ '{IJIIlIIl resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other IL IL entities,it Is your employer identification number(EIN).If you do not have a number,see How to get a " 77N,later. or Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. 5 9 — 2 0 6 9 5 .9 2 CM 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 Part II,later. Sign !signature of )t, r� Here U.S.person a .W1{ ^.r' Date March 28,2024 General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its Instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that It can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an Information return with the IRS is giving you this form because they Cat.No,10231X Form W-9(Rev.3-2024) l 16 F I Ka] CGc1519780 KELLY BROTHERS,INC Addenda 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239)482-7300 • F: (239) 482-8014 www.kellybros.net 16F1 Email: Kristofer.lopez@colliercountyfl.gov Ca' ier Ouflty Telephone: (239)252-8375 Procurement Services Division Addendum#1 Date: March 6,2024 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum#1 Solicitation 23-8179 Collier Boulevard Boating Park Improvements The following clarifications are issued as an addendum: 1. Change 1:44eilcoils.truction Service Agreement (2022_ver3} Upload Construction Services Agreement 2024 into Bid Sync 2. Pre-Bid Sian In Sheet has been uploaded with Addendum#1 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. March 6,2024 (Signature) Dane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) I6F1 • CoLLier County Attendance Sheet Pre-Bid Meeting Procurement Services Division Vendor Sign-in Sheet Date: March 6,2024 Solicitation:23-8179 Collier Boulevard Boating Park Improvements i i FS '�7 <¢;• _ N y i.. : � y e4;1 7 ,e f C r.6 fV l c ��^ r��`u�` :�4�.A-^,u�... � •,.,_„�.dF�F,.�.+.....:.,.. a�,. .a� ��.�' ,_..,_a�•,...,..k°.�.r:.7uuz^'C..,.,� : ,�.s�axa,. .S,a �.� ..a�.��.S?d .X.< 1 ?.t„1,'�r ..... .au 1.i 4?._._:e •. mmnn [� rI ?tki, GA 11 115o n 1�I jwe5t C 5 Luc 'm er a k..15 •'wi'`Jwes41Ctl1Shucf-a. . 37'—gN‘YSer r (Jr\ Lt 113-, c _S 111C`. t C0194 ^ ten I,41--(;Ca •C,aN, ;3 gd--s Zss-" we•2 r 13te: C,.`-,a'---t, `( c-_u s't(t (st) 7-_,.,3.. ::zE:.,%S. c,,, (23`j)s7r -56sy n // 2 `1 y,6 111 z`t Palle, /'/ J4 4 /'r7h - 5, 2 C ' �j' f`r(ros•ne71 ,z3 `�9 pd 7?ao )\(\ ,C,\OC\ello\W, 01L t '\"(\\e r n-cm -SUl-R IA-0321 --\ A.f ( o'1\oM Op\oP6,e A.63ns m Bw1 IA-i \-S u oti Tab 2-Appendix E2—Template—Pre-Bid Meeting Sign-in Sheet—rev 02-14-20 16F1 Co ier County Email: Kristofer. er lopezfacollicounty fl.gov Telephone:(239)252-8375 Pm:merit Servtes Division Addendum#2 Date: March 13, 2024 From: Kristofer Lopez. Procurement Strategist To: Interested Bidders Subject: Addendum #2 Solicitation 23-8179 Collier Boulevard Boating Park Improvements The following clarifications are issued as an addendum: 1. Change 1:23 8179 Solicitation has been removed 23-8179 Solicitation Revised has been uploaded into l3idsvnc 2- Change 2: 23 8179 Bid Schedule has been removed 23-8179 Bid Schdule Revised has been uploaded If you require additional information, please post a question on our Bid Sync(www.bidsvnc.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. March 13,2024 (Signature) Dane Kelly,President Date Kelly Brothers,Inc. (Name of Firm) 16F1 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 12 Construction Services Agreement:[2024_ver.1] 1bFl EXHIBIT B-1: PUBLIC PAYMENT BOND (Following This Page) 14 Construction Services Agreement:[2024_ver.2] 6F1 EXHIBIT B—1: PUBLIC PAYMENT BOND Bond No. 1001/96576 Contract No. 23-8'179 KNOW ALL MEN BY THESE PRESENTS: That Kelly Brothers, Inc. as Principal/Contractor, and U. S. Specialty Insurance Company , as Surety, located at 13403 Northwest Freeway, Houston, Texas 77040 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of One Million Two Hundred Seventy Four Thousand Eight Hundred Seventy. 1,274,873.00 Three Dollars and Zerthis includes allowance for the payment whereof ($ ), this p y we bind ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the_.day of DC}o`OE,Y , 20 with Oblige for Collier Boulevard Boatinc Park Imorovements,(Project) in accordance with Bid No. 23-8179 drawings and specifications, which contract is incorporated by reference and made a pail hereof and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties'obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this . day of , 20A4, the name of undersigned representative, pursuant to authority of its governing body. [2024_ver.1] 16F1 Signed, sealed and delivered in the presence of: PRINCIPAL/C/CONTRACTOR: KELLY BROTHERS, INC. Signature Name and Title STATE OF (- COUNTY OF L.,�._ The foregoing instrument was acknowledged before me by means of% physical presence or _online notarization, this day of S,1• 20 ,ci4 by A-. Kp.t1A-- as 1,)ncLc of 11114..tlu t5rub a corporation, on behalf of the corporation. He/She isfeTS-OrTaffnown,� to me OR has produced identification and did (did not) take an oath. My Commission Expires: ai tt 1 2.9 i r7)CA-A r p n-e 0- dj4e,r‘ (Signs ure of Notary) (AFFIX OFFICIAL SEAL) Ann rOcL /4-e-suLA cmG r1 ,a:!"u.� (Legibly Printed) ,�o,....,,�% ?J'aN ti.�1��sCFil1i�91N ( g� I *.** Conimlutan#Ht•i3565£3 Notary Public, State of w' ©r�oF`br Exp r February tf,202e Commission No.: k-k �S 15 Ct SURETY: U. S. SPECIALTY INSURANCE COMPANY '13403 Northwest Freeway Authorized Signature Houston, Texas 77040 (Printed Name) (Business Address) 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 identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: OR POWER OF ATTORNEY IN FACT ]2024_ver.1] 1 6F1 As Attorney in Fact Siciature (Attach Power of Attorney Wendy Hingson,Atiorney-In-Fact and Florida Resident Agent(239)275-8226 (Printed Name) VTC Insurance Group A820 Porfn Finn C'irrla Suit. Fort Myers,Florida 33912 (Business Address) STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of x physical presence or _online notarization, this 226th day of August 2024 by Wendy Hingson as Attorney-In-Fact and Florida Resident Agent of U.S.Specialty Insurance Company a Texas corporation, on behalf of the corporation. * /She is oersonally known to me OR has produced N/A identification ands(did not)take an oath. {� My Commission Expires: �,1OJJJ '< < (I-141C (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: Dawn M.Onzo (Legibly Printed) Notary Public, State of Florida Notary Public State of FloridaLitik Commission No.: HH394075 Dawn 'rvl Onzo - My Commission HH 394075 Ilit Expires 8/1/2027 (2024_ver.11 1 6F1 `ft.` J TOKIOMARINE ,�,�►� H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN 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, FL 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( "110,000,000.00"") This Power of Attorney shall expire without further action on January 31st 2028. 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 it 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 1st day of February 2024 s SU . AMERICAN CONTRACTORS INDEMNITY COMPANY,TEXAS L e o P r-,. 'F0,'.:, BONDING COMPANY,UNITED STATES SURETY COMPANY, • T _ h 4' f U.S.SPEC ALTY INSURANCE COMPANY I fir Ii O a- J\ By r4 . yo Daniel P Aguilar, ice President :or<< * * 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. State of California County of Los Angeles On this 1st day of February 2024, 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 WITNESS my hand and offic I seal. D.11bii California Mat dry Angel County ,�}- Los Angeles County f Signature t (seal) ya Comm bn,1.78570 I4b`ei My Comm.ernes Jin lt,line I, Kio Lo, Assistant Secretary of 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. Iq Wt„pess Whereoi,I have h.ereunto set my hand and aff ed tle+seals of said Companies at Los Angc.l:,r. California this a c� — day of HILt �- �,. .' • s. `•ES S(J t Bond No t 0 , ` (0.51(0 Agency No 170 0r. TVD ,‘P �' _ + ' Kio Lo. A. an, ecretar t .ram,, rrY4li �- -vL.T r \ y r LL.,t b Y I • 9 S" Lf SP' * * HCCSM�NPOA:22024 visit tmhcc com)surety for more information i6F1 4 EXHIBIT B-2: PUBLIC PERFORMANCE BOND (Following This Page) 15 Construction Services Agreement:[2024_ver.2] ! 6F1 . • EXHIBIT B —2: PUBLIC PERFORMANCE BOND Bond No. 1001196576 Contract No. 23-8179 KNOW ALL MEN BY THESE PRESENTS: That Kelly Brothers, Inc. as Principal/Contractor, and U. S. Specialty Insurance Company , as Surety, located at '13403 Northwest Freeway, Houston,Texas 77040 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of One MillionTwo Hundred Seventy Four Thousand Eight Hundred Seventy_ ($ 1,274,873.00 three Dollars and L�roi�� cSor—icance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs, and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond,and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this & day of , 20 _� , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. t2024 ver.11 16Fl Signed, sealed and delivered in the presence of: PRINCIPAL/CO TRACTOR: KELLY BROTHERS, INC. Signature pp Name and Title �-• STATE OF 1'(- COUNTY OF l 0 1 The foregoing instrument was acknowledged before me by means of ./physical presence or _online notarization, this_y_day of S.ev—t. 2oqLI by 1(1.-iktir as 1)11.41.. ►a a.i t of K:a.►1 E�r\.�drl. c -r:hr a corporation, on behalf of the corporation. He/She i erso y now to me OR has produced identification and did (did not) take an oath. (ILO' My Commission Expires: ►112o2.`T Ot C)"``- `�'� (Signature of Notary) (AFFIX OFFICIAL SEAL) 4nn rY u:LALa. AAA c-1,1`I vP o ••°°•� CNN Wt SCAN : (Legibly Printed) Notary Public, State of �L _ * C #HH 356508 Commission No.: 4-1+1 k St.�5 q� r.044 Expires February it 2027 SURETY: U.S. SPECIALTY INSURANCE COMPANY —12.403-N-Lorthwest-E-taeway Authorized Signature Houston,Texas 77040 (Printed Name) (Business Address) 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 identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: (2024_ver.7] i 6F1 As Attor ne j iin Fact ig ture (Attach Power of Attorney Wendy Hingson,Attorney-In-Fact and "Florida Resident Agent(239)275-8226 (Printed Name) yr C Insurance Group 6R20 Porto Finn C.irrlo Snit.9 Fort Myers,Florida 33912 (Business Address) STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of x physical presence or _online notarization, this 26th day of August 2024 by Wendy Hingson as Attorney-In-Fact and Florida Resident Agent of U.S.Specialty Insurance Company a Texas corporation, on behalf of the corporation. /She is personally known to me OR has produced N/A identification and VS(did not)take an oath. My Commission Expires: �A� �L') CG >� S*.: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: Dawn M.Onzo (Legibly Printed) Notary Public, State of Florida 1 Notary Public State of Florida f FIH394075 Dawn fvt Onzo Commission No.: My Commission Nil 394075 1111 Expires 811/2027 [2024_ver.1] EXHIBIT B-3: INSURANCE REQUIREMENTS 1 6 F I (Following This Page) 16 Construction Services Agreement:[2024_ver.2] i6F1 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits I. ® 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://apris.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 Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired;Automobile Included 6. ® Other insurance as ®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 ❑ A aft Liability wvciagu Tall be Lauied in tinri -of-nutless-thurr$5-,15007000 each occurrence if applicable to the oompleti i-ef the Services under this Agreement. $ Per Occurrence ® Contractor's Pollution Liability $ 1,000,000 Per Occurrence ❑ Professional I iabriity "'' $ Per eid:n,A nithe aggiC ate ❑ Pr . ❑ Valuabtc Part.'s-hrsurai ce $ Per-0.emre�cc ❑ ❑Tedirrology Errors&Omissions $ Per Occurrence 16F1 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—2/8/24 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. 16F1 EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Page) 17 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( 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 its 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's Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of_ physical presence or_online notarization, this_day of 20_ by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: [2024_ver.1] 1 6F1 EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This Page) 18 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT D-1 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% $ Retainage @ 5%through [Insert $ through [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: [2024_ver.1] i 6 F 1 EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This Page) 19 Construction Services Agreement:[2024_ver.2] i � F1 Exhibit D-2 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 8 COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS STORED TO ..]reduced rate) WITHHELD THRU DATE' SINCE DATE PERIOD DATE '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 happended since the change in retainage. [2024_ver.f] 16F1 EXHIBIT D-3 STORED MATERIALS (Template Form Following This Page) 20 Construction Services Agreement:[2024_ver.2] 1 F1 Exhibit D-3 Stored Materials Record PROJECT NAME: PROJECT NUMBER: DATE: PERIOD TO: PREVIOUSLY RECEIVED THIS PREVIOUSLY INSTALLED THIS BALANCE TO DATE DESCRIPTION SUPPLIER INVOICE NUMBER RECORDED(A) PERIOD(B) INSTALLED(C) PERIOD(D) INSTALL(E) Balance to Install(E)is calculated by.Previously Recorded(A)+Received this Penod(B)-Previously Installed(C)-Installed this Period(D). [2024_ver.t1 1 6F1 EXHIBIT E-1: CHANGE ORDER (Template Form Following This Page) 21 Construction Services Agreement:[2024_ver.2] i 6 F 1 CAT County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Select One: ❑Contract Modification(Construction or Project Specific) ❑Work Order Modification 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 o.00°i Total%Change from Original Amount Revised Contract/Work Order Total $o.00 o.00°%o % Change from Current BCC Approved Amount Total Cumulative Changes $o.00 o.00°i % Change from Current Amount Notice to Proceed Original NTP Original Final Last Final Date #of Days Completion Date Approved Date #of Days Added Revised Final Date Current Substantial Completion Date (includes this change) (if applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete summary on next page. Check all that apply to this Change Order request: ❑Add Time; ❑Add funds; ❑ Use of Allowance; ❑ Modify/Delete existing Task(s); ❑Add new Task(s); ❑ Reallocate funds; ❑ Other(must be explained in detail below) 1.) Detail of change/s to be made through this Change Order. 2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of days remaining or"N/A" if not applicable. 3.) Explain why this change was not included in the original contract/Work Order. 4.) Describe the impact if this change is not processed. Page 1 of 4 Change Order Form(2024_ver.1) Co ier County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Change Order/Amendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO# AMD# Description Additive Deductive Days Total New Justification (+) (-) Added Time ❑ Check here if additional summary page/s are attached to this Change Order Page 2 of 4 Change Order Form(2023_ver.1) 1 6 F 1 Co _ie-r County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: 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. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of the Company or listed as the qualified licensed Professional"Project Coordinator"or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website (https://dos.mvflorida.com%sunbiz/search/). If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Date: Signature-Division Project Manager Printed Name Accepted by: Date: Signature-Design/Engineer Professional(if applicable) Printed Name/Title/Company Name Accepted by: Date: Signature-Contractor/Consultant/Vendor Printed Name/Title/Company Name Approved by: Date: Signature-Division Manager or Designee(Optional) Printed Name Approved by: Date: Signature-Division Director or Designee(Optional) Printed Name Approved by: Date: Signature-Division Administrator or Designee (Optional) Printed Name Page 3 of 4 Change Order Form(2024_ver.1) 16F1 Co rer County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: FOR PROCURMENT USE ONLY FY_ CHO Request# Approved by: Signature-Procurement Professional Signature/Date Approved by: Signature-Procurement Manager/Director(OPTIONAL) APPROVAL TYPE: ❑ Administrative ❑ Administrative-BCC Report ❑ BCC Stand-Alone ES (BCC Approval Required) BCC APPROVAL ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS and Comptroller COLLIER COUNTY, FLORIDA By: By: , Chairman Dated: Date: (SEAL) Agenda# Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form(2024_ver.1) 16F1 EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Following This Page) 22 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE# DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s)have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract amount: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other A not-to-exceed itemized estimated increase Estimated change in Contract Time: (decrease)in Contract amount: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer/Design Professional Owner's Representative [2024_ver.1] _ I6F1 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Following This Page) 23 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional 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 [2024_ver.1] 16F1 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 final punch list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion and Contractor shall provide Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: 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 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ and will submit within five calendar days, an approved pay application to bccapclerk@collierclerk.com. The pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. Signature of Contractor Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 Signature of Owner Type Name and Title [2024_ver.1] 16F1 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Template Form Following This Page) 24 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION [2024_ver.1] 16F1 Intentionally left blank Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Substantial on this , 20_ Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this , 20 Signature of Owner Type Name and Title [2024_ver.1] 16F1 EXHIBIT F-3 PUNCH LIST FORM (Template Form Following This Page) 25 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT F-3 PUNCH LIST FORM Item Description Value Completion Date Dated Approved No. by Owner Subtotal x 150% [2024_ver.1] 16F1 EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Template Form Following This Page) 26 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT G-1: 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 I I I I 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: � 0 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). I 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: 0 issued on (attach to this form). I I 0 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: 0 0 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: Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title Executed by Contractor on , 20 Signature of Contractor Type Name and Title Executed by Owner on , 20 Signature of Owner Type Name and Title [2024_ver.1] 16F1 EXHIBIT G-2 WARRANTY (Template Form Following This Page) 27 Construction Services Agreement:[2024_ver.2] 6F1 EXHIBIT G-2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CONTRACTOR: WITNESS: Signature Signature Name Printed and Title Name Printed [2024_ver.1] 16F1 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:[2024_ver.2] 16F1 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 the Board's award of the Agreement, 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:[2024_ver.2] I 6 F 1 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 At least ten (10) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final Schedule of Values. The Schedule of Values shall be satisfactory in form and substance to the Project Manager and shall subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall include 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. Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the Schedule of Values. The Contractor shall not submit an unbalanced Schedule of Values which provides for overpayment to the Contractor on activities that would be performed first. The Schedule of Values shall be revised and resubmitted until acceptable to the Project Manager. Once the schedule has been accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contractor honor a particular price contained in the Schedule of Values, if the activity pertaining to it is being deleted or modified. Upon approval of the Schedule of Values by the Project Manager, it shall be incorporated into the form of Application for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the Contractor's monthly Applications for Payment. The 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. 4.2 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date, and monthly thereafter, but not more often than once a month or prior to substantial completion being met. 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 agreed to by the Owner in writing, the Application for Payment shall also 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 form attached hereto and made a part hereof as Exhibit D-3. 30 Construction Services Agreement:[2024_ver.2] 16F1 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). Within twenty (20) business days 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 therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.735, F.S. and the terms of the Contract Documents. 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 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. 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- 31 Construction Services Agreement:[2024_ver.2] 16F1 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 Owner 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 Owner may not accept any additional surcharges (credit card transaction fees) as a result of using the Owner's credit card for transactions relating to this agreement. 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 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 terms of the Contract Documents 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 form attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to Final Payment and such other 32 Construction Services Agreement:[2024_ver.2] 16F1 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 Acceptance and 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 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 to Proceed 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. 33 Construction Services Agreement:[2024_ver 2] 16Ft. 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. 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. 34 Construction Services Agreement:[2024_ver.2] 16F1 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 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: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, 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: PublicRecordRequestcolliercountyfl.qov 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. 35 Construction Services Agreement:[2024_ver.2] 1iF1 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 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 materialmen, 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 in the form of a Work Directive, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such 36 Construction Services Agreement:[2024_ver.2] 16F1 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. 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 affected 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, as amended and the terms of the Contract Documents 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 37 Construction Services Agreement:12024_ver.2] 16F1 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 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 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 38 Construction Services Agreement:[2024_ver.2] 1 6F1 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 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. 39 Construction Services Agreement:[2024_ver.2] 16F . 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. 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. 40 Construction Services Agreement:[2024_ver.2] 16F1 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. 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 41 Construction Services Agreement:[2024_ver.2] 16FI. 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 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. 42 Construction Services Agreement:[2024_ver.2] 1 F4 20. COMPLETION. Substantial Completion and Development of the Punch List 20.1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as-built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor-generated punch list(i.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below. c) Upon receipt of the request from the Contractor, the Project Manager, assisted by the Professional, if any, and other Owner personnel, as appropriate, shall review the request, the Work and the Contractor-generated Punch List to determine whether the Work is ready for Substantial Completion inspection. If this review fails to support Substantial Completion inspection, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (if any) determine the Work is ready for Substantial Completion inspection, the following procedures will be followed: 1. The Project Manager will, within a reasonable time, schedule, and conduct inspection(s) of the Work with the Professional (if any), other Owner personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work,the readiness of the Project for use and the Contractor-generated Punch List. A copy of the Contractor- generated punch list will be provided to all participants and any additional items noted during the inspection will be added to the list. The Project Manager, the Professional, their representatives and other Owner representatives will review the Work and the Contractor-generated punch list to assure all deficiencies are noted on a final document (Exhibit F-3 Punch List Form). The Punch List must include all items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an item belongs on the Punch List, the Project Manager has the final say on whether the item is included or not. The Punch List shall be finalized and issued to the Contractor by the Owner within the time frames indicated below. 43 Construction Services Agreement:(2024_ver.2] I6F1 2. If upon completion of the inspection(s) the Owner does not consider the Project Substantially Complete, the Project Manager will notify the Contractor in writing giving reasons why the Project is not Substantially Complete. 3. If, upon completion of the inspection(s), the Owner considers the Project Substantially Complete, the Project Manager shall prepare a Certificate of Substantial Completion to establish the date for Substantial Completion as the date of the completed inspection(s). The Certificate of Substantial Completion shall be approved by the Owner upon the signature of both the Project Manager and the Professional and shall be issued to the Contractor. The Certificate shall fix the date of Substantial Completion. 4. Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance, and operations are in place. 20.2 Time Frames for Issuance of the Punch List (a) The Owner shall issue the Punch List to the Contractor within the time frames described below, provided that the Contractor has completed its obligations in providing a proper contractor-generated Punch List prior to the Substantial Completion inspection. (b) For construction estimated to cost less than ten million dollars ($10,000,000.00), the Punch List must be finalized within thirty (30) Days after the Substantial Completion date. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00), the Punch List must be finalized and issued within forty-five (45) Days after the Substantial Completion date. (d) For construction projects involving more than one building or structure or multiple phases, the Punch List must be prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion date of a particular building, structure or phase if it is estimated to cost less than ten million dollars ($10,000,000.00) or within forty-five (45) Days if it is estimated to cost more than ten million dollars ($10,000,000.00). (e) If the development of the Punch List takes the full amount of time designated (or a portion thereof) and includes a tentative punch-list based upon the above dollar amount thresholds, the delivery of the Punch List of items shall be delivered by the Owner no later than five (5) business days thereafter. Within twenty (20) business days after the delivery of the Punch List to the Contractor, the Owner must pay the Contractor the remaining contract balance owed, that includes all retainage previously withheld by Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the items on the Punch List. At the same time the Owner delivers the Punch List Contractor shall submit a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner less an 44 Construction Services Agreement:[2024_ver.2] t 6F1 amount equal to 150 percent(150%)of the estimated cost to complete the items on the Punch List. (f) The failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Documents. (g) 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 Punch List. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 Completion of Punch List Work and Release of Remaining Contract Balance (a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the Project Manager that all Punch List Work has been completed in accordance with the Contract Documents and request the Project Manager to inspect the Work and to approve Punch List completion. If, in the Project Manager's opinion, the Work is not ready for such inspection, the Project Manager will so inform the Contractor, giving reasons for such opinion. If the Project Manager is satisfied that an inspection is warranted, the Project Manager will, within a reasonable time, schedule and conduct inspection(s) of the facility with representatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing the completion of Punch List Work. If the Project Manager and the Contractor disagree on whether an item remains incomplete, the Project Manager has the final say on whether the item is complete or not. (b) If, upon completion of the inspection(s) the Owner does not consider the Punch List Work complete, the Project Manager will notify the Contractor in writing giving specific reasons why the Punch List Work is not complete. (c) Upon completion of all items on the Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner. If a good- faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the Contract Documents, the Owner may continue to withhold an amount not to exceed one hundred and fifty percent (150%) of the total costs to complete such items. This remaining balance of retainage may be requested by the Contractor in its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 218.735(7)(f), Florida Statutes. 45 Construction Services Agreement:[2024_ver.2] 16F1 (f) If the Owner fails to comply with its responsibilities to assist in developing the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. The Owner need not pay or process any payment request for retainage if Contractor has, in whole or part, failed to cooperate with the Owner in development of the Punch List or failed to perform its contractual responsibilities with regard to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good-faith dispute, the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 Final Completion (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch List work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work. 20.5 Application for Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form 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, including but not limited to: (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, Exhibit G-1. (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. 46 Construction Services Agreement:[2024_ver.2] F 1 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-1. 20.6 Approval of Final Payment (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within ten (10) days after receipt of the Application for Final Payment, indicate in writing that the entire remaining balance is found to be due and payable to the Contractor and approve payment. Otherwise, the Project Manager will return the Application to the Contractor, indicating in writing the reason for refusing to approve for Final Payment, in which case the Contractor will make the necessary corrections and resubmit the Application. 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. (b) 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 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. (c) The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the Owner,the issuance of a Final Completion, any act of acceptance by the Owner, any failure to do so, nor any correction of defective Work by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 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 47 Construction Services Agreement:[2024_ver.2] 16F1 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 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. 48 Construction Services Agreement:[2024_ver.2] 16F1 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, 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 49 Construction Services Agreement:[2024_ver.2] 1 � F1 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 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-3 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. 50 Construction Services Agreement:[2024_ver.2] I6F1 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 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 51 Construction Services Agreement:[2024_ver.2] 16F1 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. 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; 52 Construction Services Agreement:[2024_ver.2] 16F1 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; 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 53 Construction Services Agreement:[2024_ver.2] 16F1 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 to Proceed. 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. 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. 54 Construction Services Agreement:[2024_ver.2] 16F1 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. 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. 55 Construction Services Agreement:[2024_ver.2] 16F1 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 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 56 Construction Services Agreement:[2024_ver.2] I 6 F 1 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. 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-FMOPScolliercountvfl.qov)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. 57 Construction Services Agreement:[2024_ver.21 1 6 F I 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. 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. A. All disputes arising under or relating to this Agreement shall be resolved in accordance with this Section, except for disputes related to payment matters and payment disputes upon submission of pay applications, which shall be addressed and resolved in accordance with Collier County Ordinance No. 2017-08, as amended, and governed by the time to commence and conclude payment dispute proceedings set forth in Section 218.76(2)(a), Fla. Stat. 58 Construction Services Agreement:[2024_ver.2] 16Fi B. 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. 59 Construction Services Agreement:[2024_ver.2] 16F1 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ❑X Not Applicable 60 Construction Services Agreement:[2024_ver.2]