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Backup Documents 03/25/2025 Item #16B 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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. 2. 3. County Attorney Office County Attorney Office 7 1 ) C 4. BCC Office Board of County Commissioners 1)l f /y/ r,r z/2,S 5. Minutes and Records Clerk of Court's Office pc - r t 4yl15 CiS 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 Peter Hayden—TMSD—Transportation Phone Number/Office 239.252.5181 Contact/Department Engineering—Stormwater Cell Phone Number 239.359.8445 Agenda Date Item was Agenda Item Number 2025-846 Approved by the BCC 16.B.9 Type of Document RFQ Work Order,Kyle Construction,Inc.,Project Number of Original Documents 1 Attached No. 60195 Harbor and Holiday Stormwater Attached Improvements Outfall Replacements, under Agreement No.20-7800 PO number or account Peter.Hayden@colliercountyfl.gov number if document is CC: to be recorded Nadine.Dunham@colliercountyfl.gov 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 PH 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 PH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board -- 5. The Chairman's signature line date has been entered as the date of BCC approval of the 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 PH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/25/2025 and all changes made during PH N/A is not the meeting have been incorporated in the attached document. The County 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 PH N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1689 WORK ORDER/PURCHASE ORDER Contract 20-7800"Underground Contractor Services" Contract Expiration Date: June 21st, 2026 This Work Order is for professional underground utility services for work known as: Project Name: Harbor& Holiday Lanes Stormwater Improvements Project No: 60195.5 The work is specified in the proposal dated February 18th, 2025 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Kyle Construction, Inc Scope of Work: As detailed in the attached proposal and the following: * Task I Remove& Replace Drainage Outfalls * Task II Project Allowance • Schedule of Work: Complete work within 301 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement#20-7800 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above,the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ►1Time & Material (T&M) (established hourly rate— Schedule A) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $745,515.00(NLS) Task II $ 25,000.00(T&M) TOTAL FEE $ 770,515.00 Digitally signed by PentonTimothy PREPARED BY: PentonTll110thy Date:2025.03.0411:07:03-05'00' Timothy Penton, Project Manager TE TMSD Date Ha Hayden APPROVED BY: y "�-°° 03/04/2025 Peter Hayden, Supervisor TE TMSD Date Digitally signed by AhmadJay APPROVED BY: AhmadJay Date:2025.03.04 14:13:39-05'00' Jay Ahmad, Division Director TE TMSD Date Digitally signed by wriry APPROVED BY: ScottTrinity S Date'T 202nni5.03.05 10:23:22-05'00' Trinity Scott, Department Head TMSD Date Page 1 of 3 CA;p 1689 By the signature below, the Firm (including 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 proposed work;and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally,the Firm agrees to notify the Procurement Director,in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY:Kyle Co tion,Inc. _34.Y./e.a45' y Ab am,Project Manager Da (Remainder ofpage intentionally left blank) Page 2 of 3 CAO 1 6 B 9 IN WITNESS WHEREOF, the parties hereto,have each,respectively,by an authorized person or agent,have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS , Clerk of Courts COLLIER COUNTY, FLORIDA By: �' Q _.....__ 'Ll.'"` By: - A.,..&„..".....0.6. e, t r Burt L. Saunders, Chairman Dated: 04 (SEAL . . 'T +44r•,-' .,) ' Name of Firm t'jHj'';.;‘,.‘its By: — --__ First Witness Signature TType/print signature and titleT TType/print witness nameT Second Witness TType/print witness nameT A ed as to Fo nd egality: Ls- L. Ant-County At�o y itrNR�, S ---7;se e1.--- Print Name I Page 3 of f 16 549 � ROBAU � a Bowman company December 16, 2024 Harbor and Holiday Lane Drainage Improvements Outfall Replacements: Phase 1 Procurement Method:20-7800 UNDERGROUND CONTRACTOR SERVICES Location: Harbor Lane, Harbor Place and Holiday Lane, Naples Fl 34104 Background t' E 1►c . 4"1 '`1.2 This project is located on Harbor t ® ! w Lane, Harbor Place and Holiday y ••. �_ :s �.t >..�!'�!-. -- � '� Lane, Naples FI off Brookside Drive _,m.-� - _ • -44 north of Davis Blvd. Drainage ‘'t,► i issues have started to occur and the existing 12", 16" and 18" reinforced concrete pipes (RCP) # ,�, ; ' i need to be upsized to account for ::. � _�, it. Drainage pipes run across the ‘• f rill V, r. .�s 3, .. Right-of-Way (ROW) and through t single-family residential houses • Y - �, that discharge into the ter. . .�• 'W"' O surrounding canals through ilw"mccisc" outfalls embedded in the seawall. Scope of Work The proposed project entails the replacement of 12", 16" and 18" RCP that is currently situated beneath the ROW and between the single-family residential houses.The replacement will involve the installation of the ERCP pipes underneath the roadways, HDPE pipes between the single-family residential houses and installing type"V" FDOT Valley Gutter Inlet with WAPRO inline check valves, at each side of the crossing as shown in the approved plans. Prior to construction,the contractor shall be responsible for having a licensed surveyor field locate the property lines, existing drainage easements, and stakeout the line and grade. Upon completion of the work,the licensed surveyor shall replace any damaged or missing property pins and/or monuments. Contractor is responsible to take two (2) detailed videos, one prior and one post construction showing the entire project areas.The first videos shall be after the utility locate has been marked out and the second should be taken at the time of the final walk through.The videos should include but not limited to showing utility markings,above ground utilities, driveways,walkway conditions, structures, pavers, sea wall,fences, landscaping etc.The videos submitted in a digital format to the Collier County Project manager prior to start of actual construction and after the final walk through. 2770 Horseshoe Drive S,Suite 7,Naples,FL 34104 P:239.206.8000 I F:239.206.8080 robau-design.com I bowman.com 1 I Z:\Shared\P\024-00-007 Holiday and Harbor Redesign&Construction Services\03_Bidding Assistance\Scope of Work.docx ' 689411 04,2 ROBAU -..� a Bowman company Contractor is responsible to excavate the and remove existing drainage pipes. Refer to plans for quantities and sizes. Clearing and grubbing will be performed within the construction limits.The contractor is also responsible to restoring all disturbed areas back to its original conditions.That includes but not limited to, driveways, pavers,sidewalks, landscaping,trees,fences etc. The contractor is responsible to for the milling, resurfacing and replacing any asphalt or pavement that may have been disturbed or removed during the removal of the old pipe and installation of the new pipe. The contractor shall perform all work necessary to complete the excavation, removal and replacement of the pipes and structures,final grading and full restoration of the project area.The work is comprised of furnishing all equipment, labor, material, plants,tools to perform all work incidental to completer the job. Work consist of site digital video recording, maintenance of traffic,surveying, clearing/grubbing, demolition, construction staking, layout, SUE, excavation, loading/hauling and disposal of materials to the Landfill,or an approved receiving site, dewatering (if necessary), bedding, pipe and pipe fittings removal and replacement, seawall installation, connection of pipes to structures,grout/mason work,gravel, backfill and compaction, protection of all utilities, protection of existing A/C units, irrigation systems, pavement restoration,concrete sidewalk removal and replacement, paver removal and replacement,fence removal and replacement,site restoration and cleanup.Sod, landscaping, irrigation,fence, gate and utilitarian accessories shall be restored to good conditions. 2770 Horseshoe Drive S,Suite 7,Naples,FL 34104 P:239.206.8000 F:239.206.8080 robau-design.com I bowman.com 2 I Z:\Shared\P\024-00-007 Holiday and Harbor Redesign&Construction Services\03_Bidding Assistance\Scope of Work.docx CAD 16B9 From: Timothy Penton To: If.rvid4torroaries,conti rnaau.at 'coagakarrret:utaducts um;t4h th s ow:-k.con;t(Qylrlyt.are*dnvti.Ifr entry S'laneitJcnuoarcoi'rarirnnik corer; J stunahna rouaa,eorrlpanle's,cam'mli aciabis r eom; ma 5e e r tarnvia,dnhiaams c415 Ks@tanst.rw.•AoLeorr; Bpenneram;tcho0Stak corn;J4vn+str,aferrlmitthrffstak cony,tquervierltrmichellstark.ramr j4aaamdrhelht4rk.curi,itr.»•.cNAltdtv,nrr;Lt7Y-Ciaiitlla; r r�r-a�u�•uhr row;DN: " ro n cam;•a_r,.hr'nhaskmc-c r:'tl arl r_II rhackns nc raa Cc: Nadine Dunham;Peter Havden;]yv Ahmad•Fmdin Rnhall Subject: Repuest for Quote"Harbor and Holiday Lane Drainage Improvements Outfall Replacements:Phase 1" Date: Tuesday,January 21,2025 10:14:47 AM Attachments: Via.,Hmtaa,a^n l,}:;:at t?ut'afi-' t+awir and Hal,dar O.Hall Ran,ntr Gavial!neta'l Pion Harbor and Nntidav°teal!,nd, Ra.snonce form hurts•and H•al lea CkMellc rat D.d Tab Haber and Holiday rriralk xk1 fonts,ant-fnll[nlnr e48165c4-96454 art-9162-!bh)6abft55'.an1 facctmk e527r546-5e754a98.45M-f 155(0hidofn on' t staerarn a8da4774-4b51-4ad1.8d2J•20eenbib605d arg )(grittier 8d67da<c-bd14-44ce•97d-7tbab1003b00 ons Youh:be 0078r711.7789.4ald-an tS-54'689te!f59h non 1111rrnfnrbignarure 87rS5jb-83f54495-87c1rjcr5a 5O085't n Good morning, Transportation Engineering requests quotes for the"Harbor and Holiday Lane Drainage Improvements Outfall Replacements:Phase 1" utilizing the Collier County agreement No.20-7800"Underground Contractor Services."If you are not interested in bidding on this project,reply to this email with"No Bid."Please see the attached documents pertaining to this project.All bids should be submitted by 02/04/2025 @3:00PM,and if you have any questions,please email Timothy Penton at Timothy.Penton@colliercountyfl.gov. Timothy Penton Project Manager II j'N Transportation Engineering t' Office:739-252-1008 Collier County Mobile:239-359-4014 CB Timothy.Penton@calliercountyfl gov Under Florida.Law;e-mail addresses are public records If you do not want your e-mail address released in response to a public records request.do not send electronic mad to this entity lostead,contact this office by telephonic or in writing • CAO 16B9 0 0 0 0 0 a o 0 00 0 c a o 0 0. O 2 ri O. N ch N in --+• V y {A V3 69 fA TA iR rn N 1-1 6J o �y O O 0 O O O O N I. b , V p Ln O o g [V c) N I eJ`~ ° a D' v 1 N • v3 v3 a3 to v3 TJ L C Y o cow °; n ��'' ►a 7 d X a , .-. - .- O Q% co cu Q `" F w « _ v1 or SOR. c W, ... o aA i a cri vi 1 vi fs. Q w to 5 ,9 a a w a 5.4 C' Pt E -CD i to u Q G occt no ° v z z' � b z © 31 i R E-4 00 E- MI = E ca ='- i, (1) ° U o F, 2 4.ul o Ql 7g .10 y -c p Wl/ ro N G m SI :S. 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PWC Joint Venture,LLC.,Southwest Utility Systems,Inc.,Quality Enterprises USA.lnc. Contact: Timothy Penton,Project Manager II Timothy.Penton@collicrcountyil.goy Direct line: 239.252.1008/Cell: 239.359.4014 Schedule of Events Project Name:"Harbor&Holiday Lanes Stormwater Improvements" RFQ Release Date: 01/21/2025 Pre-Bid Meeting(Non-Mandatory): N/A Pre-Bid Meeting Location: N/A Questions Due: 01/28/2025 @ 3:00 p.m.EDT Quotes Due: 02/04/2025 @ 3:00 p.m.EDT Documentation Included: Scope of Work,Plans,Bid Schedule,Response form 301 days(Substantial 271 days+30 Final Completion Number of Days to Final Completion: days) Liquidated Damages: $1,685 Per Day Payment&Performance Bonds: Quotes over S200,000 Interested Contractors shall fill in the Request for Quotation Form and Bid Schedule and email them to Timothy Penton(Timothy.Penton(a'..culliercoantyfl.£ov)by the Quote due date and time. Firm Name: Ayle CAn&ioc.4:'on Quote Submission Date: Alsi zozS Quote Valid for: No Dols Print Name&Title: ) RbC4hatm,i(vol.tnannati. Signature; G�% '", Email: Alk.C.on54inc,Oet01.Conti Direct Line:(z3°1) 6y3-'►o ff Cell Phone:( q) 5q 5 _OL 33 CAO 16B9 Collier County Transportation Engineering ADDENDUM 1 Date:January 27,2025 To:Awarded Contractors/Agreement No.20-7800"Underground Contractor Services" From: Timothy Penton,Transportation Engineering Project Manager •1'imothv.Penton@colliercountvfl.am Office:239-252-1008 Cell:239-359-4014 RE: Harbor and Holiday Lane Drainage Improvements Outfall Replacements:Phase 1 Subject: Questions and Responses Question 1: Is the threshold for projects to be quoted under our annual contract still$1M? Response Q1:Yes,the threshold for projects to be quoted under the annual contract is still $1,000,000.00. Sign below and return the addendum with the tirm's bid submission for the above-referenced quote. Firm Namc: 141Ie... � �_ Date 1291 Zo25 Signature: K, �tVa)nar+n, %its Y>�la tiaas,c. .vsc.. .....�..�..�.n.r.+iw..��...�.ix-c:.+.�_.....-..cwy_._..-...e...�i—...r fftNI 2685 Horseshoe Drive South•Naples,Florida 34104.239-252.8192•www.colliercountyfl.gov i`-'. i6B9 Collier County J Transportation Engineering ADDENDUM 2 Date: February 03,2025 To:Awarded Contractors/Agreement No.20-7800"Underground Contractor Services" From: Timothy Penton,Transportation Engineering Project Manager Timothy)euton ci;colliercountvfl.gov Office:239-252-1008 Cell:239-359-4014 RE: Harbor and Holiday Lane Drainage Improvements Outfall Replacements:Phase 1 Subject:Questions and Responses Question 2: Any chance of dividing this scope into several quotes? Response Q2:No,we would have to proceed with a different bid process. Sign below and return the addendum with the tirm's bid submission for the above-referenced quote. -- Finn Name: 1IC C4lns{rt)t� prt .nc.. Date: 2.14 zoz Signature: K_yit.Alarcthosli �re jnS�- 4.iiCe -- --- nww-s.-.....-.......-..w:u..-........r..a........ ...�. .._-.v..-....... -..ram..t..r J st-+.v.w .sa- -_�v -- 2685 Horseshoe Drive South-Naples,Florida 34104.239-252-8192•www,colliercountyfl.gov o.V.f to 16 Fl 9 L this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No 101 407 949 Contract No. KNOW ALL MEN BY THESE PRESENTS: That_. yle Construction, Inc. 3636 Prospect Avenue,Naples,Florida 34104 ,as Principal, and Merchants Bonding Company(Mutual) , as Surety, located at 6700 Westown Parkway,West DesMoines,Iowa 50266-7754 ,(Business Address)are held end firmly bound to-collier County_ ____ .- . as Oblige in the sum of Seven Hundred Seventy Thousand,Five Hundred Fifteen and No/100 (S 770,515.00--------- for the payment whereof we bond ourselves,our heirs,executors personal representatives. successors and assigns,jointly and severally. WHEREAS. Principal has entered into a contract dated as of thei .day of t' _h 20 2S ,with Oblige for Harbor and Holiday Lane Drainage Improvements Outfail fte 1acements-PPhase 1 in accordance with drawings and specifications, which contractor is incorporated by reference end made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual, incurred by Oblige;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, alternations or additions to the terms of the Contract or to work or to the specifications. Page 27.of33 Mutli•Contractor Award Agreement t202 1_ver.11 1689 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions arid 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 27th day of February ,20 25 , the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Signed, sealed and delivered in the pie$ ce of: PRINCIPAL* 7 ("Thrt• KYLE CONSTRUCTION, INC. Witnesse's as to Principal N m K. l( • . lnom Its: Pre� c'Ic Man q45,te STATE OF F L. COUNTY OF Czate c' The foregoing instrument was acknowledged before me by means of a-physical presence or 0 online notarization, this 10 of (Ylarr In 20?.; by_Ike., b rsAo�m , as rfo'e44 _ of_1411e- Cokr�c nsti«► xnc.. a Ft, corporation, on behalf of the corporation. " He/she is personally known to me OR has produced as identification and did (did not)take an oath. LI/A' .1-4 i L My Commission Expires: ( I� ` r f ' (Signature of Notary Public-State of Florida) Name: t l/I( 1 j` ( � `-/l4l c> (Legibly Printed) (AFFIX OFFICIAL_SEAL) / 1 Notary Public, State of t ( � I /lci( ANGELAM,GATES Commission No.: • *' MY COMMISSION 0 HI-I 595797 EXPIRES:Number 2,2028 % Page 23 of 33 Multl•Conlractor Award Agreement 12021„ver.1) 1 6 R f t•ATTEST: SURETY: MERCHANTS BONDING COMPANY(MUTUAL) (Printed Name) 6700 Westown Parkway, West DesMoines, Iowa 50267377754 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name)/ OR �- 7 As Attorney in Fac (Attach Power of Attorney) Witnse VTC Insurance .rcup 6820 Porto Fino Circle,Suite 2, Fort Myers,Florida 33912 (Business Address) Wendy L.-Iingscn,Attomey-In.Fact and Florida Resident Agent (Printed Name) (239)275.0226 (Telephone Number) STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of 0 physical presence or n online notarization, this 27111 of February 20 25 by Wendy L.Hingson _- --_.., ,a$ AltomeyamFact of Merchants Bonding Company(Mutual) alo;ra corporation, an behalf of the corporation. kle/she is personally known to me OR has produced NIA as identification and did(did not)take an oath. My Commission Expires: I)Q ( ,X� 1 Y 1 , (Signature of Notary Public-State of Florida) Name: Dawn M.Onzo (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, Slate of Florida Commission No.: HH394075 Notary Public ..... ,'na Dawn M C;n My Commission FM 394075 j Expires 8/1/2027 Page 24 of 33 Mulli•Contractor Award Agreement(2021_er.1i 16 $ 9 Exhibit C-I D this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. 101 407 gas Contract No. - -- KNOW ALL MEN BY THESE PRESENTS: That Kyle Construction, inc. as Principal, and Merchants Bonding Company(Mutual) , as Surety, located at 6700 Wastown Parkway,West DesMoines,Iowa 50266-7754 FA�(Business Address) are held and firmly bound to_Collier County as Seven Hundred Seventy Thousand,Five Hundred Oblige in the sum of Fdteen and tdo(1C0 ($770,515.00 - ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 with Oblige for Harbor and Holiday Lane Drainage Improvements Outrall Replacements-Phase 1 in accordance with drawings and specifications, which contract is incorporated by reference and made a part 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 27th day of February . 2025 , the name of under-signed representative, pursuant to authority of its governing body. pap 19of33 WO-Contractor Award Agr:antont(2021_vcr.1) 1689 Signed, se.ted id delivered in the pre of: PRINCIPAL' KYLE CONSTRUCTION, INC. By:Witnesses as to Principal Nadia. K le, Ab%he.m Its: Tieo;icir (l�oo cr STATE OF /CC. COUNTY OF _re,/l;•r- The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization,this lel of nnasc,1'\ 2021,by Kyle.. Abrtaham _,as�fdt t'Ytar►� of IAy)C C }iO4.7ita . corporation, on behalf of the corpOtation. He/she is personally known to me OR has produced as identification and did(did not)take an oath. / My Commission Expires: /l,�►i j(t f Ir 1 - - " ` . - ( ignatul'e of Notary Public-State of Florida) v"' , ANGELA M.GATES F< M• ,q1 MY COMMISSION#HH 595797 Name: r-`It eA EXPIRES:Nov®mbor 2,2028 (Legibly Printed) (AFFI CIAL SEAL) Notary Public,State of Commission No.: ATTEST: SURETY: MERCHANTS BONDING COMPANY(MUTUAL) (Printed Name) 6700 Westown Parkway, West DesMoines, Iowa 50266-7754 (Business Address) -- (Authorized Signature) Witness as to Surety __. ..d Name) (Printe OR Page 20 of 33 Mu1li•Contractor Award Agreomunt 12021_ver.1I 16B9 As Attorney in Fact Witnesses (Attach Power of Attorney) 1/TC Insurance Group 6820 Porto Fino Circle,Suite 2 Fort Myers,Florida 33912 (Business Address) Wendy L.Hingson,Attorney-In-Fact and Florida Resident Agent (Printed Name) (239)275-8226 (Telephone Number) STATE OF Florida COUNTY OF Le_e The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this 27th of February 2025 , by Wendy L.Hingson , as Attorney-In-Fact _of Merchants Bonding Company(Mutual) a iowa _corporation, on behalf of the corporation. >Ma/she is personally known to me OR has produced NIA p as identification and did (did not)take an oath. My Commission Expires: , L t "MV1 ( � (Signature of Notary Public-State of Florid Name: Dawn M. Onzo (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of Florida Commission No.: t-1t1.394075 Notary Public State of Florida _ -- �� Dawn M Onzo �ifii tm My Commission till 39407$ Expires 8/1/2027 Page 21 of 33 ldutti.ContractorAward Agreement(2021,_ver.11 MERCHANTS 16 8 BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Alan P Chandler;Elizabeth Maurer;Ian J Donald;Jeffrey A Chandler;John L Budde;Krista L Pocket;M Brandon;Patrick E Williams;Susan L Small;T J Griffin;Terence J Griffin;Wendy L Hingson their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27,2024 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 14th day of November • 2024 • .. (�p•°N... :OaQ\NP.CQ',JA•• MERCHANTS NATIONAL BONDING,INC. y ;pa /�4. O ,•O\\ 09 .q .• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY • j' 2003 �c�i; .•yr 1933 S. By r(-27,t-it '•,J� ••........•:• • •••4)4/ • `\a•• President STATE OF IOWA ••., * ••. ' ,.• COUNTY OF DALLAS ss. ..•""'..• On this 14th day of November 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penni Miller• O v Commission Number 787952 Z Aithr • -Tali • My Commission Expires \ r ? �� /OW! January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 27th day of February , 2025 . •O.•;Pt ;�,�o : aA:;;pt) o �:2: ;Z' o- 0;3• % 2003 .4,4 •y 1933 • q• Secretary POA 0018 (6/24) I••'•'••• '••••••• 1689 ACORLI CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODFYYYY) 2/27/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT WendyHingson NAME: g VTC Insurance Group PHONE (239)275-8226 FAX WC,No,Eat): (AIC,No): Ft. Myers Office E-MAIL whingson@vtcins.com 6820 Porto Fino Circle Ste 2 INSURER(S)AFFORDING COVERAGE NAIL I Ft. Myers FL 33912 INSURER A:Continental Casualty Company 20443 INSURED INSURERB:The Continental Insurance Company 35289 Kyle Construction, inc. INsuRERc:Valley Forge Insurance Company 20508 3636 Prospect Avenue INSURER D: Naples, Florida 34104 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2024-2025 GL,Auto,WC,Umb REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD IWO POLICY NUMBER (3IM/OD0YYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE I X I OCCUR PREMISES(EaFNTED ocO%rence) 5 100,000 X 4027219828 10/1/2024 10/1/2025 MED EXP(Any one person) $ 15,000 PERSONAL BADV INJURY 5 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X Ter. LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED 'SCHEDULED AUTOS X AUTOS X 2024508942 10/1/2024 10/1/2025 BODILY INJURY(Per accident) 3 NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) Urun,ured motorist comtined since $ X UMBRELLAUAB X OCCUR EACH OCCURRENCE 3 9,000,000 EXCESS LM EI CLAIMS-k1ADE 6079032968 10/01/2024 10/01/2025 AGGREGATE $ 9,000,000 DED X RETENTION 10,000 5 WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE — NIA E.L.EACH ACCIDENT S 500,000 C OFFICERAIEMBER EXCLUDED? y 1073674577 10/1/2024 10/1/2025 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 500,000 II yes,describe under DESCRIPTION OF OPERATIONS be Um E.L DISEASE-POLICY LIMIT $ 500,000 A Inland Marine 4027219828 10/01/2024 10/01/2025 Leased/RentedAny One item $250,000 Per Occurence $250,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Harbor and Holiday Lane Drainage improvements Outfall Replacement - Phase 1 Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or Collier County Government, or Collier County Included as Additional Insureds under the captioned Commercial General Liability and Automobile Liability policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commission THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE • Wendy Hingson/V510 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 16R9 CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part,but only with respect to liability for bodily injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract;or B. In the performance of your work subject to such written contract,but only with respect to bodily Injury or property damage included in the products-completed operations hazard,and only if: 1. The written contract requires you to provide the additional insured such coverage;and 2. This Coverage Part provides such coverage;and C. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract;or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I.shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037,then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part,but only with respect to liability for bodily injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract;or B. In the performance of your work subject to such written contract,but only with respect to bodily Injury or property damage included in the products-completed operations hazard,and only if: 1. The written contract requires you to provide the additional insured such coverage;and k. 1 2. This Coverage Part provides such coverage. III. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B. Additional insured coverage with"arising out of language; ilk then paragraph I.above is deleted in its entirety and replaced by the following: IIIMMIN WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by NMI written contract to add as an additional insured on this Coverage Part,but only with respect to liability for bodily IEEE Injury,property damage or personal and advertising injury arising out of your work that is subject to such written e••• contract. w ow ill ▪ CNA75079XX(3-22) Policy No: 4027219828 Page 1 of 3 Endorsement No: 9 CONTINENTAL CASUALTY COMPANY Effective Date: 10/01/2024 Insured Name:KYLE CONSTRUCTION, INC. CcP'1d9M CNA A!Rights Reserved. CNA CNA PARAMOUNT /� Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement iv. But if the written contract requires additional insured coverage to the greatest extent permissible by law,then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part,but only with respect to liability for bodily Injury,property damage or personal and advertising Injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising Injury arising out of: A. The rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1. The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2. Supervisory,inspection,architectural or engineering activities;or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured;or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3. Make available any other insurance,and endeavor to tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However,if the written contract requires this insurance to be primary and non-contributory,this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX(3-22) Policy No: 4027219828 Page 2 of 3 Endorsement No: 9 CONTINENTAL CASUALTY COMPANY Effective Date: 10/01/2024 Insured Name:KYLE CONSTRUCTION, INC. Copyrigbt CNA Al Rights Reserved. 1 6 B 9 CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement VIII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part,provided the contract or agreement: A. Was executed prior to: 1. The bodily Injury or property damage or 2. The offense that caused the personal and advertising Injury; for which the additional insured seeks coverage;and B. Is still in effect at the time of the bodily Injury or property damage occurrence or personal and advertising Injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. it 3 NEM HES lid t1=. CNA75079XX(3-22) Policy No: 4027219828 Page 3 of 3 Endorsement No: 9 CONTINENTAL CASUALTY COMPANY Effective Date: 10/01/2024 Insured Name:KYLE CONSTRUCTION, INC. Copyright CNA Ai faghts Reserved. 1689 4 CNA Business Auto Policy Policy Endorsement CONTRACTORS EXTfNOFD COVFRACit7 ENDORSEMENT fiUSlNI 3S AUL° PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, othor than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement 'n that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form hut: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No:CNA63359XX (O4.20;2) Policy No:BUA 2024508942 Endorsement Effective Date:10/01/2024 Endorsement Expiration Date: Policy Effective Date:1O/O1/2024 Endoreernent No: 12;Page: 1 of 4 Policy Page: Underwriting Company: National Fire Irsdrarce Company of Hartford. 151 N Franil.r St. Chicago,I:_ 60606 ": Copyright CNA All Rights Reserved. lnclt.des copyrighted material of the 16R9 Business Auto Policy Policy Ei,tiotsontr'utt C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. IT PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern, (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNAG3359XX(04.2012) Policy No:BUA2024508942 Endorsement Effective Date: Indorsement Expiration Date: Policy Effective Data: 10/01/2023 Endorsement No: 12:Pape: 2 of 4 Policy Pago:83 of 126 Underwriting Company. National fire Insurance Company of Hartford, 151 N Franklin St, Chi(ago,IL 60606 f'Copyright CNA All Rights Reserved, Includes copyrighted material of the 1689 ' .„ Business Auto Policy Policy If>rinrtitrillr'f1t F. Electronic Equipment Section III, Paragraphs B.4.c and 8.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c, Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) S5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage - Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No:CNA63359XX(04.2012.1 Policy No:OUA 2024508942 Endorsement Effective Data: Endorsement Expiration Date: Policy Effective Date: 10/01/2023 Endorsement No: 12:Page: 3 of 4 Policy Page: 84 of 126 Underwriting Company: National fire Inswance Company of Hartford, 151 N Franklin SI,Chicago,IL 60606 I"Copyright CNA All Rights Reserved. Includes copyrighted material of the 16g9 r. Business Auto Policy Polk: 1.1'rlorsonion! (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not moan that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery wo may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.S.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract, That written contract must have boon entered into prior to Accident or Loss. E. Policy Period, Coverage Torritory Section IV, Paragraph B. 7.(6).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No:CNAf13359XX(04.2012) Policy No:BUA 2024508942 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Dew; 10/01/2023 Endorsement No: 12;Page:4 of 4 Policy Page: 86 of 126 Underwriting Company:National Fire Insurance Company of Hartford, 151 N Franklin St,Chicago,IL 60606 Ccpyr';1"t CNA All n'gl•ts Reserved. Irciu:fes cuuynyhtr,d material of tI e � 689 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to§787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: dyke, CnsVrtic ien Address: 3b3b Trospec,- Ave— Naples, FrL '34Io4 Phone Number: CZ39) b43-'70S"1 Authorized Representative's Name: �+y1G Abraham Authorized Representative's Title: Wt3;ech rin Email Address: telte. AM-inc. ol.c.cr» AFFIDAVIT I, Kyle. Abro1-o m (Name of Authorized Representative), as authorized representative attest that Kgk ennterucli n Inc, (Name of Nongovernmental Entity) does not use coercion for labor or services as defined in §787.06, Florida Statutes. Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true. �._ 3 fa Z025 ( r ture of authorized representative) Date STATE OF F., COUNTY OF Cat1Q�` Sworn to(or affirmed) and subscribed before me, by means of,(physical presence or❑online notarization this raj day of AlCtr h , 2015'',by kite,Abitth4P 1(Name of Affiant),who produced their as identification or are personally known to me. / / ):11' /\IJdL Nehry Publi. r� ANGELA M.GATES ••; a' `• .- MY COMMISSION#HH 595797 Commission Expires EXPIRES:November2,2021 FOAI + Personally Known , OR Produced Identification DJ Type of Identification Produced: CONTRACT,RENEWAL,OR EXTENSION REQUEST FORM Version:2025.1 1689 INSURANCE CROUP March 27, 2025 Collier County Board of County Commissioners 3327 Tamiami Trail East, Suite 303 Naples, Florida 34112 Re: Kyle Construction, Inc. Project: Harbor& Holiday Lane Drainage Improvements Outfall Replacement—Ph 1 Bond No.: 101407949 To Whom It May Concern, Please use this letter as authorization to date the above referenced Performance/Payment Bonds on behalf of Travelers Casualty and Surety Company of America. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Wendy L. Hingson Attorney-In-Fact Confidence. For What's Next.'" 1!Y Liz s t11,1 ICI. 6820 PORTO FINO CIRCLE,SUITE 2,FORT MYERS,FL 33912 i' 239.275.8226 I, 239.275.8837 MERGHANT7741 , 16 8 9 BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Alan P Chandler;Elizabeth Mauren;Ian J Donald;Jeffrey A Chandler;John L Budde; Krista L Pocket;M Brandon;Patrick E Williams;Susan L Small;T J Griffin;Terence J Griffin;Wendy L Hingson their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27,2024 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 14th day of November ' 2024 • ••..... N..``'', .••...... . • 'CO,' • MERCHANTS BONDING COMPANY(MUTUAL) ;•' A ,••••••.4< 4 ••aO\tk • C '•• MERCHANTS NATIONAL BONDING, INC. ch •`0.1k 4.4 . .'•�O • QPO,94 1 • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY • • '� 2003 ��;' •y, 1933 • �; By �� •......••;0�•�• ' .• . \ ' •� President STATE OF IOWA ''., * •.•'• ••• •.• COUNTY OF DALLAS ss. `"""".• On this 14th day of November 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. AY' lP Penni Miller o v Commission Number 787952 — • • •u • My Commission Expires \` IOWA January 20,2027 �- „ Notary Public (Expiration of notary's commission does not invalidate this Instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 27th day of March , 2025 . • 2003 r�Gj; •y! 1933 'c; Secretary POA 0018 (6/24) """"`�•