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Backup Documents 11/10/2025 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 1 B 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. 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 .. 2. County Attorney's Office County Attorney Office 541-, ,1 Jh);:5 4. BCC Office Board of County Commissioners g 5 bui*A7 it (7 4. Minutes and Records Clerk of Court's Office t �� riff 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 Cole Chandler/Procurement Contact Information 239-252-8407 Contact/Department Agenda Date Item was Novem ber 10th,2025 Agenda Item Number 11.B Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 25-8367 M&J Construction number if the M&J Construction document is 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. The original document has been signed/initialed for legal sufficiency. (All documents to CC be 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 CC 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 CC 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 November 10th,2025,and all changes N/A is not made during the meeting have been incorporated in the attached document. The �`ie an option for County Attorney's Office has reviewed the changes,if applicable. 5 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 pl an option for Chairman's signature. this line. ! 1B CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with M & J Construction Company of Pinellas County, Inc. ("Contractor") of 809 S. Safford Avenue, Tarpon Springs, FL 34689, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Stan Gober Memorial Bridge Rehabilitation, Invitation to Bid No. 25-8367 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Stantec Consulting Services, Inc., 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. Applicable if Grant Funded. To the extent the Project is a "public works project," all iron or steel products used to perform the Work must be produced in the United States, which means that all manufacturing processes, from initial melting through application of coatings, occur in the United States, other than metallurgical processes to refine steel additives. Per Section 255.0993, F.S. Contractor understands that this project is funded in whole or in part by grant monies and agrees to comply with all grant requirements identified in Exhibit I. 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 1 Construction Services Agreement:[2025_ver.3] i1B Agreement: Eight Million Nine Hundred Thirty-Seven Thousand Eight Hundred Seventy-one Dollars and Fifty-four Cents ($8,937,871.54). The amount of Nine Hundred Thousand Dollars ($900,000.00) 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. 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.qov/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. C. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Agreement, the specifications accompanying the Agreement, or to the work to be performed under the Agreement shall in any way affect its obligation on this bond, except as provided herein, and waive notice of any change, extension of time, alteration or addition to the terms of the Agreement or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Agreement that increase the total amount to be paid the Contractor shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation. 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 2 Construction Services Agreement:[2025_ver.3] IIB Completion within Three Hundred Sixty-five(365) 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 Two Hundred Eighty-one Dollars ($1,281.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess, and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date specified by the Project Manager (or at his/her direction, the Design Professional) as memorialized in the Certificate of Substantial Completion issued 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. 3 Construction Services Agreement:[2025_ver.3] 11 8 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. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #25-8367 Stan Gober Memorial Bridge Rehabilitation. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addenda 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 4 Construction Services Agreement:[2025_ver.3] 18 Exhibit I-1: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable Exhibit 1-2: Anti-Human Trafficking Affidavit The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #25-8367 Stan Gober Memorial Bridge Rehabilitation. The complete contract documents, including Addenda 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 L: Technical Specifications ®Exhibit M: Permits Exhibit N: Standard Details ®Exhibit 0: Plans and Specifications prepared by: Stantec Consulting Services, Inc. ®Exhibit P: 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 do Transportation Engineering 2885 Horseshoe Drive S, Naples, FL 34104 Attn: Ragaey Girgis, Project Manager III Phone: 239-252-5731 Email: Ragaey.Girgis@collier.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: M &J Construction Company of Pinellas County, Inc. 809 S. Safford Ave, Tarpon Springs, FL 34689 Attn: Nick Kokkinos, President Phone: 727-938-6478 Email: receptionist@mjconstruction.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), F.S. which reads as follows: 5 Construction Services Agreement:[2025_ver.3] 11B "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. 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 that authority is provided for under the Owner's Procurement Ordinance, as amended, and the terms of the Contract Documents. 6 Construction Services Agreement:[2025_ver.3] 118 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. (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. 7 Construction Services Agreement.[2025_ver.3] 118 (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 Owner and 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. (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, see Exhibit F-1. (p) "Work" shall mean the Work to be performed under this Agreement and shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, 8 Construction Services Agreement:[2025_ver.3] 113 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 General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of the page is left blank intentionally. 9 Construction Services Agreement:[2025_ver.3] 118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: M &J Construction Company of Pinellas County, Inc. l c3„s-.`�� \ 1 I' FIRST'INITWES6 400,,,,,, nip 1 \ l m- Lc,R By: Print Name � :\ NC;k kakk\INias elL(6 ID6NF Print Name and Title SECO ITNESS VATI(\t OWltsbs Date: ZV 7� Print Name ATTEST: OWNER: Crystal K. Kirtzel,'Wk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER COUNTY FLORIDA BY: BY: �rS tzt"--1,- . Aft'st asio Chairman'ss. u d .A...44....4. s , Chairman ,snnature only Date: t/ '17fbV6wl A.• •ved as to Form and Legality: 1 1' )V.---"P/24.,L____ 7e1) County Attorney b e.. `!- Yt ...."7:1"" L-- Print Name 1 o �--i Construction Services Agreement:[2025_ver.3) 118 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 11 Construction Services Agreement:[2025_ver.3] 11B Stan Gober Memorial Bridge Rehabilitation Construction ITB 26-8367 Bid Schedule Item No, DESCRIPTION UNIT OW Unit Price TOTAL AMOUNT 101.1 MOBILIZATION LS 1 5 1,253,000.00 5 1,253,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 5 444,000.00 S 444,000.00 104-11 FLOATING TURBIDITY BARRIER LF 3,150 5 4623 $ 145,624.50 10430 TURBIDITY MONITORING LS 1 $ 50,000.00 5 50,000.00 110-3-10 LADDERS AND PLATFORMS,REMOVE EA 2 5 20,385.88 S 40,771.38 110-4-10 REMOVAL OF EXISTCONC SY 2,137 3 153.40 $ 39,81580 400.4-47 CONCRETE CLASS IV,CAST IN PLACE TOPPING WITH SRA CY 89.1 $ 4,838.00 $ 431,065.80 400-7-1 BRIDGE DECK GROOVING SY 2,137 $ 7.02 $ 15,001.74 400-142.2 CATHODIC PROTECTION SYSTEM.ZINC ARC SPRAY SF 4,802 5 55.00 5 264,110.00 400-142.10 EMBEDDED GALVANIC ANODE EA 0 S 630.00 $ 3,780.00 400-142-11 GALVANIC OVERBUILD VATH ANODES FOR FOOTINGS/STRUTS SF 13,854 $ 190.47 $ 2,638,771.38 401.70-5 RESTORE SPALLED AREAS,CONTRACTORS OPTION CF 79 3 1,200.00 3 94,800.00 413-150 PENETRATING CORROSION INHIBITOR GA 933 3 87.00 $ 81,171.00 413-154 CLEANING AND SEALING CONCRETE SURFACES-PENETRANT SEALER OR 6F 81,048 $ 110 $ 89,16280 METHACRYLATES 457.2-111 CATHODIC PROTECTION INTEGRAL COLUMN JACKET,NON-STRUCTTRAL, IF tOB $ 2,939.00 $ 316,872.00 GALVANIC SYSTEM 457.2-221 CATHODIC PROTECTION INTEGRAL PILE JACKET,STRUCTURAL,18.1-30' LF B S 3,000.00 $ 24,000.00 GALVANIC SYSTEM 458-1-21 BRIDGE DECK EXPANSION JN7,REHAB,POURED JOINT V4111 BACKER ROD IF 1,064 $ 100.30 $ 1021,710.20 470-75.2 TIMBER FENDER SYSTEM REPAIR LS 1 $ 147,82214 $ 147,822.14 53033 RIPRAP-RUBBLE,BANK AND SHORE TN 5,872 5 290,00 5 1,702,860.00 630-74 BEDDING STONE TN 1,981 S 36462 5 715,019.82 581.1.1 COATING EXISTING STRUCTURAL STEEL,BEARING EA 4 5 3,000.00 $ 12,000.00 630-2-30 CONDUIT ANCHOR REPLACE EA 1 5 1,00000 $ 1,000.00 630.231 CONDUIT REPAIR/REPLACE IF 100 $ 80.00 $ 8,000.00 706-1-3 RAISED PAVEMENT MARKER,TYPE EA 44 $ 20.00 5 880.00 711-18-101 THERMOPLASTIC,STANDARD-OTHER SURFACES,WHITE,SOUD,6' GM 0.04 $ 125,000.00 5 5,000.00 711.16-201 THERMOPLASTIC,STANDARD-OTHER SURFACES,YELLOW,SOUD,6• GM 0.04 S 125,000.00 $ 5,000.00 713-103.101 PERMANENT TAPE.WHITE,SOLID,6•FOR CONCRETE BRIDGES GM 0.44 $ 13,893.18 $ 8,113.00 713-103.201 PERMANENT TAPE,YELLOW,SOUD,6'FOR CONCRETE BRIDGES GM 0.54 $ 13,890.74 S 7,501.00 TOTAL BID AMOUNT $ 8,937,871.54 •Corrected minor miscakulallon of formula.UnI pricing was not modified, •Staff has allocated 3900,000.00 In Owner's Allowance-for Owners Use as uirected.This Allowance will be used only at the Owner's direction to accomplish work duo to unforeseen conditions and/or as directed by the Owner.Inclusion of the Allowance as part of the Contract Price Is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order well proper documentation elTlme and Materials supporting the change. CONTRACTOR NAME:M&1 Construction Company of Pinellas County,Inc. Authorized Agent: John ^1 V t Digitally signed by John N Kokkinos Kokkinos Date:2025.06.24 14:10:36-04'00• 118 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 12 Construction Services Agreement:[2025_ver.3] 118 FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Stan Gober Memorial Bridge Rehabilitation BID NO.25-8367 M&J Construction Company of Pinellas County, Inc. Full Name of Bidder Main Business Address 809 S. Safford Ave, Tarpon Springs, FL 34689 Place of Business 809 S. Safford Ave., Tarpon Springs, FL 34689 Telephone No. 727-938-6478 Fax No.727-946-4665 State Contractor's License#GCG 1534237 State of Florida Certificate of Authority Document Number G78973 Federal Tax Identification Number59 2361020 DUNS# 161159405 CCR# Cage Code 0C936 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person,firm or corporation; that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents,to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth,furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages,for the delay and additional expense to the Owner,it being recognized that,since time is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement,Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the 1 1 B above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing,subsequently notifies the Contractor of a modified(later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred and Sixty- Five(365)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 the date the Punch List is delivered to the Contractor,computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent r" 4 7 Signature: 1:: /4 Title: PRESIDENT • Date: 5/22/25 ��,.() 118 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Stan Gober Memorial Bridge Rehabilitation Bid No.25-8367 Name Personnel Category Tyler Lumbatis Construction Superintendent John Kokkinos Project Manager i1 a. FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: M&J Co • oi' " ,apany of Pinellas County, Inc Signature: Date: S/22/25 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER I. 3. 4. 5. Please insert additional pages as necessary. Company: - Signature: Date • C.:rl 118' 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 TESLA POWER,1763 W.Manor Ave,Clearwater,FL 2. Mechanical SELF PERFORMED 3. Plumbing SELF PERFORMED 4. Site Work 5. Identify other subcontractors KELLY BROTHERS 15775 Pine Ridge Road, Ft. Myers, FL that represent more than 10% of price or that affect the critical path of the schedule Company: M&J Constr "'~C ?any of Pinellas County, Inc. • Signature: Date: 5/22/25 118 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 to 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. SEE ATTACHED, WORK COMPLETED 2016-2025 (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 2. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 3. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) CA rl 118 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. (project name) (project owner) _. (project location) (Owner's address) (project description) (Owner's contact person) (title) $ (project completion date) (contract value) (phone) (email) 5. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) Company: Isle. ) l_oN a.Q" "IJ Corr e l.T' t ��t U / kIQ( ) I fir / Signature: Date: 7 / y / �x` 1 1 a to M&J Construction Company of Pinellas County,Inc. Jobs Completed 2016.2025 JOB DESCRIPTION OWNER INFORMATION CONTRACT INFO 213 I-10 Mississippi River LADOT Contract Amount Clean,paint and repair 1201 Capital Access Rd $8,221,916.76 Contract# H009328.6 Baton Rouge,LA 70802 Awarded 3/5/2014 Bond# 566052 225-379-1470 Start 9/14/2014 Tim Thomas Completed 6/14/2016 216 SR 500 US192 FOOT Central Contract Amount Cathodic Protection 605 Suwannee Street $4,280,333.27 Contract# T5496 Tallahassee,FL 32399 Awarded 7/142014 Fin# 431066-1-52-01 Juanita Moore Start 9/29/2014 Bond# 650184 840-014-4015 Completed 8/5/2016 217 Broad Causeway Bridges SR922 Town of Bay Harbor Islands Contract Amount Cathodic Protection,days IV concrete 9665 Bay Harbor Terrace 17,559,399 Contract# BC-1429890580.0 Bay Harbor Islands,FL 33154 Awarded 11/1/2014 Fin# NA Randy Daniel,PE Start 2/9/2015 Bond# 9098345 305.866-6241 Completed 5/31/2017 221 SR404 Indian River FOOT-Central Contract Amount Concrete repairs&cathodic protection 605 Suwannee Street S 2,763,715.58 Contract# T5504 Tallahassee,FL 32399 Awarded 3/17/2015 FIN# 433269-1-52-01 Junita Moore Start 7/28/2015 850-414.4015 Completed 8/26/2016 223 SR 5(US 1/Main St)in St Johns R FOOT Dist 2 Contract Amount Mechanical&Electrical repairs 1109 Marion Ave $12,085,834.00 Contract# E2736 Lake City,FL 32025 Awarded 822015 Fin# 424424-15-2.01 Matthew Kuhn Start 4/8/2016 Matthew.Kuhn@parsons.com Completed 4/4/2018 225 Flagler Memorial Bridge FL Structural Steel Contract Amount Metalizing 2710 5th Ave $759,086.00 Contract# 33274-5678S Tampa,FI 33605 Awarded 9/9/2015 813-241-4261 Start 5/5/2016 Rob Barthelemy Completed 8/28/2016 226 S2 S3 S4 Service Canal Bridges SFWMD Contract Amount Refurbish concrete,repair steel 3301 Gun Club Road 5 1,727,871.00 Contract# 4600003320 W Palm Beach,FL 33406 Awarded 9/23/2015 Fin# NA Tim Harper Start 10/12/2015 561-686-8800 Completed 8/30/2017 227 Campbell and Gandy Bridges FOOT District 7 Contract Amount Class IV concrete,catkodic protection and spalls 11201 N McKinley Dr $1,940,979.00 Contract* E7K84 Tampa,FL 33812 Awarded 10/17/2015 Fin# 43070615201 Farhad.zafaranian ndot.state.fi us Start 11/1/2015 813-975-6026 Completed 1/302017 228 Howard Frankland Bridge FOOT District 7 Contract Amount Cathodic protection and spall repair 11201 N McKinley Dr 2,214,502.00 Contract# E7K76 Tampa,FL 33612 Awarded 1223/16 Fin# 43070625201 Linda Harp Start 0321/16 813.975-6092 Completed 04/04/17 229 SR 292 Perdido Key FOOT District 2 Contract Amount Metalizing 1074 US Highway 90 $ 1,750,297.00 Contract# E3N76 Chipley,FL 32428 Awarded 02/10/16 FIN# 415575-3-52-01 850-758-3798 Start 05/15/16 Completed 0828/16 (''f y• ' 5.,_ 118 230 SR15/US17 @ Ortega River Fishing pier FDOT Dist 2 Contract Amount .Contract# E2U34 1109 Marion Ave Awarded $4,708,130 Lake City,FL 32025 Stephen Haney Start 5/3/2016 Fin# 43025815201 386-758-3798 Completed 4/13/2018 231 Dames Point FDOT District 2 Contract Amount Milling,anchor,timbers 1109 Marion Ave $4,034,679.78 Contract# E2U92 Lake City,FL 32025 Awarded 4/1/2016 FIN# 43015715201 Don Buwalda Start 6/2/2016 386-758-3798 Completed 5/19/2017 233 ICA ICA Contract Amount Conroy Rd over 14 6395 Tower Lane 467,666.02 Cathodic protection&spell repair Sarasota,FL 34234 Awarded 11/1/2016 Contract# C-P0902-00700 Darren DeWitt Start 11/28/2016 Fin# NA 407-270-7840 Completed 1/312017 234 Gandy SR694 Condette America Contract Amount Disk bearing masonry plate 10790 NW 127th St 15,730.00 Contract# 902-019 Medley,FL 33178 Awarded 2/10/2017 FIN# NA Andres Mendoza Start 2/14/2017 727-873-0990 Completed 2/14/2017 235 Contract Amount Howard Frankland FDOT Dist 7 S 865,313.00 Rehab,concrete,jackets&renders 11201 N McKinley Dr Contract# E7L45 Tampa,FL 33612 Awarded 2/28/2017 Fin# 43243515201 Randall Aebersold Start 5/17/2017 Randsll,Aebersold@dot.stete.fl.us Completed 2/8/2018 236 Contract Amount Lavaca Causeway FOCI $ 2,950,014.00 Metalizing 3833 S Texas Ave Contract# BR 1502 Bryan,TX 77802 Awarded 3/14/2017 David Taylor Start 3/20/2017 979-485-2808 Completed 7/27/2018 238 Contract Amount Berry&Conners Canal FDOT Dist 5 Deck repairs 8 exp joints 3 1,274,655.00 719 S Woodlands Blvd Contract# E5Y56 Deland,FL 32720 Awarded 5/22/2017 FIN# 43744715201 Michael Raney Start 7/29/2017 Michael.Raney90dot.state.fl.us Completed 9/5/2018 240 SR8 Apalachicola RR Bridge FOOT Dist 3 Contract Amount Repairs 605 Suwannee St $1,158,389 Contract# 73659 Tallahassee,FL 32399 Awarded 7/5/2017 FIN# 43728425201 Jeff Kerwin Start 8/29/2017 Jefl.Kerwind.dot.state.fl.its Completed 9/9/2018 242 Salmon Expressway WB Over N.50th Street.Bridge N Contract Amount 9 Ferrovial Services Infrastruture $ 172.195.00 Ferrovial Services Infrastructure Bridge Beam Repairs(THEA) 210 South Brevard Ave Contract# 4600003310 Tampa,FL 33606 Awarded 5/17/2018 Scott Chase 813-250-3616 Start 7/11/2018 244 Completed 7/28/2018 BR-168100(021) Contract Amount US 51 at Big Black River(Bridge No.39.4)•Madison Cty $432,026 Bridge Painting MSDOT Contract# PO Box 1850 Awarded 8/22/2018 Contract# BR-1681-00(021)/1-07815301 Jackson,MS 39215-1850 Start 9/13/2018 601-683-3341 Completed 6/25/2019 245 Miami-Dade I Monroe Cty Contract Amount Painting Contract# E6K88 FDOT DIST 6 $366,908 FIN# 434684-1-52-01 1000 NW 111 Avenue Awarded 8/3/2018 Miami.FI 33172 Start 8/29/2019 Daniel Kong. 305-470-5243 Completed 7/31/2019 247 STP-0041-02(023)/Caroll County MSDOT Contract Amount Bridge Painting PO BOX 1850 $299,416 Contract# STP-0041-02 Jackson,MS Awarded 11/8/2018 FIN# 601-663-3341 Start 1/15/2019 248 Completed 329/2019 E6K86 Monroe County SR 5 Contract Amount Bridge Painting FOOT DIST 6 $1,525,830 Contract# E6K86 1000 N.W.111 Avenue,Miami,FL Awarded 12/132018 305-470-5197 Start 1/14/2019 Jim Wolfe Completed 5/28/2020 C,)O 118 250 002-02018 Sumter County Board of Sumpter County,FL Contract Amount Bridge Rehab. 735 Powell Road,Suite 200 $679,562 Contract# ITB-022-00.2018/RS Wildwood,FL 34785 Awarded 12/20/2018 352-689-4400 Start 3/18/2019 Completed 11/4/2019 251 E4746 Blue Heron Blvd.Palm Beach Cty,FL Contract Amount Bridge Rehab. FOOT DIST 4 $1,592,830 Contract# E4T46 3400 W.Commercial Blvd. Awarded 2/14/2019 Ft.Lauderdale,FL 33309 Start 3/18/2019 Margaret Simpkins.954-777-4612 Completed 7/152020 252 E4753 Palm Beach County,FL FOOT DIST 4 Contract Amount Bridge painting. 3400 W.Commercial Blvd. $373,586 Contract# E4753 FL Lauderdale,FL 33309 Awarded 3/5/2019 Margaret Simpkins,954-777-4612 Start 5/6/2019 253 Completed 7/11/2019 2019-208 Tidewater Canal Sarasota Board of County Comm. Contract Amount Bridge Repair 1001 Sarasota Center Blvd $339,646 Contract# 2019-208 Sarasota,FL 34240 Awarded 5212019 941-861-0757 Start 7292019 Completed 12/6/2019 254 2019-29 Crystal Drive Bridge Madeira Beach,FL City of Maderia Beach,FL Contract Amount Bridge Repair 300 Municipal Dr. $149,764 Contract# 2019-29 Maderia Beach,FL 33708 Awarded 4/26/2019 727-391-9951 Start 6/24/2019 Completed 7/17/2019 255 E3054-SR 8(1.10)Gadsden County 1.10 Rest area FOOT DIST 3 Contract Amount Bridge Painting 1074 HWY 90 $922,444 Contract# E3054 Chipley,FL 32428 Awarded 8/52019 Roland Ybarra,850-330-1364 Start 9/15/2019 Completed 11/22/2019 256 E6H56 Miami Dade CTY 1-75 SB Ramp Repair FOOT DIST 6 Contract Amount Bridge Repair 1000 NW 111 Avenue $1,195,598 Contract# E81-156 Miami,Fl 33172 Awarded 9/6/2019 305-470-5197 Start 10/4/2019 Jim Wolfe Completed 5/20/2020 259 P038847 Anderson County,SC SCOOT-Contract Admin.,Room 332 Contract Amount Bridge Painting 955 Park Street $495,638 Contract# P038847 Columbia,SC 29201 Awarded 11/5/2019 Maria Devito Start 11/22/2019 803-737-2043 Completed 323/2020 260 E3S50 Gadsden County,FL Contract Amount Bridge Painting FOOT DIST 3 $688,910 Contract# E3S50 1074 Highway 90 Awarded 1/14/2020 Chipley,FL 32428 Start 2/12/2020 Roland Ybarra,850-330-1364 Completed 4/6/2020 261 E3S02 Jefferson County,FL Contract Amount Bridge Painting FOOT DIST 3 $427,396 Contract# E3S02 1074 Highway 90 Awarded 1/14/2020 Chipley,FL 32428 Start 3/31/2020 Roland Ybarra,850-330-1364 Completed 5/26/2020 262 E53A0 SR 25 over CSX RR bridge deck Contract Amount Bridge Deck Overlay FOOT DIST 5 $341,127 Contract E53A0 719 Sout Woodland Blvd. Awarded 4/6/2020 Deland,FL 32720 Start 6/29/2020 Jeanne Feeney,386-943-5536 Completed 11/17/2020 263 E7M92 Pinellas County Spall Repairs 1-275,Bayway Contract Amount Bndge Spall Repairs FOOT DIST 7 $657,608 Contract# E7M92 11201 McKinely Dr. Awarded 5/5/2020 Tampa,FL 33612 Start 6/182020 Rebecca Schwarz.813-975-6461 Completed 3/21/2021 264 2020-1217 Citrus Ave.Bridge Rehab. Contract Amount Bridge Rehab. City of Ft.Pence,FL $1,062,928 Contract# 2020-1217 100 North US Highway 1 Awarded 5/5/2020 Ft Pierce,FL 34950 Start 8/242020 John Andrews,772-167-3000 Completed 3/6/2021 118 265 Davis Island Bridge Repair Contract Amount Bridge Rehab. City of Tampa,FL $1,127,555 Contract# 19-C-00044 306 East Jackson St,4N Awarded 9/3/2020 Tampa,FL 33602 Start 11/2/2020 Titn Knisely. 813-310-5178 Completed 6/30/2021 267 E20C3 Tide Creek FDOT District 2 Contract Amount Bridge Rehab. 1109 Marion Ave $1,044,909 Contract E20C3 Lake City,FL 32025 Awarded 2/1/2021 Don Buwalda Start 2/15/2021 386-758-3798 Completed 4/10/2022 268 20229 Bridge Scour Repairs Contract Amount Rip rap,river diversion,bridge walls Hillsborough County,FL $921,169 Contract 20229 601 E Kennedy Blvd Awarded 5/7/2021 Tampa,FL 33601 Start 1/24/2022 Mlarcello Tavemari 813-307-1925 Completed 4/18/2022 269 E7N64 US 41 over Alafia River Pile Jackets Contract Amount Pile jackets,fender repairs FDOT DIST 7 $599,014 Contract#E7N64 11201 McKinely Dr. Awarded 228/2021 Tampa,FL 33612 Start 10/4/2021 Rebecca Schwarz,813-975-6461 Completed 3/8/2022 270 Bridge Painting Jacksonville Contract Amount Bridge Painting FOOT DIST 2 $710,550 Contract# E20A1 1109 South Marion Ave. Awarded 4/2/2021 Lake City,FL 32025 Start 5/17/2021 Jim Brown,386-758-3798 Completed 10/29/2021 271 Bridge Painting-Celburen County,AL Contract Amount Bridge Painting ALDOT $243,378 Contract# 99-504-154-861-101 1409 Coliseum Blvd Awarded 5/21/2021 Montgomery.AL Start 7/312021 Joe Lister, 334-353,5554 Completed 9/28/2021 272 Sonvoid Bridge Repairs Contract Amount Bridge Repair.&Concrete Seeing City of Cape Coral,FL $823,765 Contract# BPW2136AP PO BOX 150027 Awarded 6/18/2021 Cape Coral,FL 33915 Start 8/122021 John Castle.239-242-3945 Completed 9/30/2021 275 CR125 Cedar Creek Bridge Repairs Contract Amount Bridge joints&guardrail repairs Bakery County,FL $247,287 Contract# 2021-012 55 North Third Street Awarded 10/10/2021 Macclenny.FL 32063 Start 1/12/2022 Robert Fletcher,904-259-5123 Completed 2/11/2022 276 CC-3776 1-4 Trail Overpass Contract Amount Bridge Painting&Fence Replacement Seminole County,FL $1,109,759 Contract#CC-3776 100 E 1st Street Awarded 12/3/2021 Sanford,FL 32771 Start 1/30/2022 Ron Ramos,407-665-5774 Completed 6/18/2022 273 E4U70 PGA BLVD Bridge Rehabilitation Contract Amount Submarine Cable Install&anti-scour FDOT-District 4 $2,377,932 Contract E4U70 3400 West Commercial Blvd Awarded 6/8/2021 Fort Lauderdale,FL 33309 Start 12/14/2021 Maria Velarde,954-777-4084 Completed 8/182022 274 E4U49 Hilsboro Inlet Bridge Rehabilitation Contract Amount Submarine Cable Install&anti-scour FDOT-DisMct 4 $1,821,024 Contract E4U49 3400 West Commercial Blvd Awarded 6/82021 Fort Lauderdale,FL 33309 Start 2/26/2022 Maria Velarde,954-777-4084 Completed 10/16/2022 277 E3V05 Franklin County SR 377 Bridge Rehab. Contract Amount Pile jackets&Concrete Overlay FDOT-District 3 $926,740 Contract E3V05 1074 H WY 90 Awarded 12/15/2021 Chipley,FL 32428 Start 3/31/2022 Roland Ybarra,850-330-1364 Completed 7/25/2022 278 E7019 Alafia River&1-75 Bridge Rehab. Contract Amount Fender System Restoration&Spell Repairs FOOT-District 7 $1,155,840 Contract E7019 11201 North McKinley Drive Awarded 1/7/2022 Tampa,FL 33612 Start 7/18/2022 Carlos Valdes,813-975-6467 Completed 9/23/2022 118 • 279 E58A8 Marion County Bridge Rehab. Contract Amount Concrete overlay S Expansion joints FDOT DIST 5 $825,639 Contract E58A8 719 Sout Woodland Blvd. Awarded 3/12/2022 Deland.FL 32720 Start 828/2022 Jeanne Feeney,386-943-5536 Completed 2/19/2023 280 E3V25 Bridge Railings&Bridge Painting SR 10A Contract Amount bodge railing lighting,and bridge painting FDOT-District 3 $338,270 Contract E3V25 1074 HWY 90 Awarded 5/25/2022 Chipley,FL 32428 Start 7/20/2022 Roland Ybarra.850-330-1364 Completed 10/16/2022 281 E3V26 Bay County SR388 over Crooked Creek Contract Amount Bridge rehabilitation,spat repairs,and Concrete seeing FDOT-District 3 Si 499,883 Contract E3V26 1074 HWY 90 Awarded 824/2022 Chipley,FL 32428 Start 10/3/2022 Roland Ybarra,850-330-1364 Completed 11/29/2022 283 E2000 Post Tensioning US 19 Contract Amount Post tensioning,multiple bridges along US 19 FDOT DIST 2 9 1,610,617 Contract E2O00 1109 South Marion Ave. Awarded 11/14/2022 Lake City,FL 32025 Start 12/30/2022 Jim Brown,386-758.3798 Completed 7/12/2023 284 E5563 US 441 Bridge Rehabilitation Contract Amount Multiple Bridges with Epoxy Overlay,Spells,exp joints FDOT DIST 5 $950,694 Contract E55B3 719 Sout Woodland Blvd. Awarded 1228/2022 Deland,FL 32720 Start 3/6/2023 Jeanne Feeney,386-943-5536 Completed 8/9/2023 285 E7P61 Courtney Campbell/Pinellas Bridge Rehab Contract Amount spell repairs,pile jackets,fender repairs FDOT DIST 7 $506,794 Contract E7P61 11201 N.McK finely Drive Awarded 2/3/2023 Tampa,FL 33612 Start 5/9/2023 Rebecca Schwarz.813-975-6461 Completed 10/13/2023 118 FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1, 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity) Cost (Description) (LF,SY) ), N/A 2. 3. 4. 5. TOTAL $ Company: M&J Construct o ny of Pinellas County, Inc. Signature: 9' Date: 5/22/25 118 FORM 7-BID BOND THIS FORM MUST BE CONIPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONiSBLE KNOW AL.I. MEN BY THESE PRESENTS, that we M&J Construction Company of Pinellas County, Inc (herein after called the Principal) and Fidelity and Deposit Company of Maryland _ _ _, (herein called the Surety), a corporation chartered and existing under the laws of the State of IL with its principal offices in the city of Schaumburg,lL and authorized to do business in the State of FL �A are held and firmly bound unto the Collier County Board of Commissioners I L tires (herein er called the Owner),in the full and just sum of l u r Vc7S ff e' � dollars S L q `"{ ��a `S�' (»�,�! (N )good and lawful money of the United States of Ameri a.to he 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. 25-8367 Stan Gober Memorial Bridge Rehabilitation. 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 Biddinu Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and d liivee�•to Owner the required certificates of insurance,ifthe PRINCIPAL shall pay to the OBLIGEE the fixed sum ot'S_y 8 q („_noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall he null and void,otherwise to remain in lull force and eifect. IN TESTIMONY -hereof, the Principal and Surety have caused these presents to be duly signed and scaled thisrtfl:41,�',. 23ra day of May .2025 • MUConstructio tf an f}inellas County, Inc t Principal r ; , 0 `: t BY • i ' n.r, FidelityDe o i{ aryland t i l Y Surety''`„ 1 . (Seal) -.,, "'.y ith A Miller, Attorney-In-Fact Countersigned N/A Appointed Producing Agent for N/A `'_/ l 118 I."e• - •• / •.06 .:,••••• • ' *. A .••••1 • V: • : - .r.7.•-••• • .4: "L- •••. • • r: • ' • • . • . • . . • • . •. .• . .. 7 7 • .• . . . . • • ,1 CI . . il8 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Christopher Nolan,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint James M.Klingensmith,Monica Bonilla,Keith A.Miller,Olivia Pacheco,Christopher A.Howard,Brian Battaglia,of Canfield,Ohio,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of January,A.D.2025. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND .\Nllluillll/i/i II I /%? � ulllly 0.1/40'0144 m a� cSEAL'� 8 _alSEAL" By:Christopher Nolan _ 3 f ;Tr� ,; Vice President '>y�:'° '°" ctiltln.�M ""h//o't.ul os. ( 26-U By: Dawn E.Brown _ Secretary State of Maryland _ - - County of Baltimore - On this 28th day of January A.D.2025, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Christopher Nolan,Vice President and Dawn E. Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. "1'oeei£GE iVl.It'cm n- ,'•",;.,^s= Genevieve M.Malson Notary Public My Comnuss on Wire January 27.2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 11B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations, undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,t have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 23rd day of May , 2025 • I uSEAL uSEAL m 8= ` SEAL`" p� ,` es eau,,,,,,.a vpam,,,"„ fg Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 118 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schaumburg,IL 60196 Statement of Financial Condition As Of December 31,2023 ASSETS Bonds $ 185,599,944 Stocks 17,844,130 Cash and Short.term Investments 16,050,471 Reinsurance Recoverable 77,886,252 Federal Income Tax Recoverable 0 Other Accounts Receivable 3,369,205 TOTAL ADMrrIED Asslrrs $ 300,750,002 1 LIABILITIES,SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 480,301 Ceded Reinsurance Premiums Payable 43,278,637 Remittances and Items Unallocated 868 i Payable to parents,subs and affiliates.. 36355,555 Securities Lending Collateral Liability 0 3 , TOTAL LIABILITIES $ 80,115,362 Capital Stock,Paid Up $ 5,000,000 Surplus 220,634,640 Surplus as regards Policyholders 220,634,640 TOTAL. $ 300,750,002 3 Securities carried at$78,634,211 in the above statement are deposited with various states as required by law. Securities carried on the basis prescribed by the National Association of Insurance Conunissioners. On the basis of market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2023 would be$289,024,276 and surplus as regards policyholders$208,908,914. I,LAURA J.LAZARCZYK,Corporate Secretary of the FLDELITY AND DEPosri'COMPANY OF MARYLAND,do hereby i certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December,2023. C_ W°� i..#TA t Cot pornle Secrelmy State of Illinois City of Schaumburg SS. Subscribed and sworn to,before mc,a Notnty Public of the State of Illinois,in the City of Schaumburg,this IS°'day of Memh,2024, 172 Norm),Public RYAN HORGAN Official Seal Notary Public-State of Illinois My Commission Expires Dec 10,2024 118 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. CoverageLs,Z shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragetsZ 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 coverages)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. r7 jll 4!f..C,Fi I18 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ®Employer's Liability $_1,000,000 single limit per occurrence 3. ®Commercial General 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 he 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 0 Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate ® Excess/Umbrella $2,000,000 Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 0 Cyber Liability $_ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence C'it0 11B 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—4/8/25 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications,agrees to maintain these coverages through the duration of the agreement and/or work performance period,and that the evidence of insurability may be required within five(5)days of notification of recommended award of this solicitation. ',A() 118 Coier County Procurement Services Division FORM 9—CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm (employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. M&J Construction Compan f.Pirt llas County, Inc. ompany Name Signature NICK KOKKINOS, PRESIDENT State of FLORIDA Print Name and Title County of PINELLAS The foregoing instrument was acknowledged before me by means of®physical presence or 0 online notarization, this 22 day of MAY (month), 2025 (year),by NICK KOKKINOS (name of person acknowledging). 1 is off ..,. ign ur j u is )State of Florida)`=• fit' Notary Public-State of Florida " ` Comnrsdonl NN 182d74 (Print,gyp.Q+;'•tarMpCotmiti siappd3Ntine SfNotary Public) ersonally Known 'OR Produced Identification I Bonded through National Notary Assn. Id .' _- w A _ '4 Type of Identification Produced 1 1 B Co.tier 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 22 day of MAY ,2025 in the County of PINELLAS ,in the State of FLORIDA Firm's Legal M&J Construction Company of Pinellas County, Inc. Name: Address: 809 S. Safford Ave City,State,Zip Tarpon Springs, FL 34689 Code: Florida G78973 Certificate of Authority Document Number Federal Tax 59 2361020 Identification Number 0C936 *CCR#or CAGE Code *Only if Grant Funded Telephone: 727-938-6478 Email: receptionists "-• • uction.net Signature by: r, (Typed and written) Title: NICK KOKKINOS, PRESIDENT 118 Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City,State.ZIP Telephone: Email: same, except all payments are to email:jtaylor@mjconstruction.net Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for John Kokkinos this Solicitation: Email: yanni@mjconstruction.net Phone: 727-938-6478 I 1 B Co ier County Procurement Services Division FORM I I-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 I986 Immigration Act and subsequent Amendment(s))that it is aware of and in compliance with the requirements set forth in Florida Statutes§448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. M&J Construction Company of JIles`CSAy,Inc. / f/Company Name Signature Nick Kokkinos,PRESIDENT State of FLORIDA Print Name and Title County of PINELLAS The foregoing instrument was acknowledged before me by means of® physical presence or❑ online notarization, this 22 day of MAY (month), 2025 (year),by NICK KOKKINOS (name of person acknowledging). ;o 7 �g)vature r lm ciou lie- tate of Florida) ?` 1 �: Notary Public•State of Florida�f: \ Commission f1 HH 382474 (Print,T�pe;'$r•` famdl+�a�fl�'o;Notary Public) Personally Known OR Produced Identification °n roug011� ational NotaryAssn. 4.1.41.411111.11.1410.00, Type of Identification Produced CA() 118 Verif Company ID Number: 397715 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer M&J Construction Company of Pinellas County,Inc James Boutzoukas ,Name(Please Type or Print) Title Elecfronicall Si ned .Y 9 _ I 3l04/2011 Signature ate Department of Homeland Security—Verification Division USCIS Verification Division iName(Please Type or Print) [Title Electronically Signed 3/04/2011 Signature ate Information Required for the E-Verify Program Information relating to your Com an : Company NameINI&J Construction Company of Pinellas County,Inc Company Facility Address:809 South Safford Avenue Tarpon Springs,FL 34689 Company Alternate Address: _ ! County or Parish: rINELLAS Employer Identification I Number: 1592361020 Page 12 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify CA l LIB EVenly "ifi ti' Company ID Number: 397715 • North American Industry Classification Systems Code: (237 Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: 11 fAre you verifying for more than 1 site?If yes,please provide the number of sites verified for in each State: . FLORIDA I site(s) • Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: John Varlese Telephone Number: (727)938-6478 Fax Number: (727)934-4665 E-mail Address: johnvarlese(amjconstruction.net Name: James Boutzoukas Telephone Number: (727)938-6478 Fax Number: (727)934-4665 E-mail Address: jamesboutzoukas^a,mjconstruction.oet Page 13 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify s Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation M&J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC. Filing Information Document Number G78973 FEI/EIN Number 59-2361020 Date Filed 12/27/1983 Effective Date 12/22/1983 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11/18/2019 Event Effective Date NONE Principal Address 809 S.SAFFORD AVENUE TARPON SPRINGS, FL 34689 Changed: 01/05/2010 Mailing Address PO BOX 698 TARPON SPRINGS, FL 34688-0698 Changed: 01/04/2012 Registered Agent Name&Address KOKKINOS, NICK 509 WHITCOMB BLVD TARPON SPRINGS, FL 34689 Address Changed:01/04/2012 Officer/Director Detail Name&Address Title PSTD KOKKINOS, NICK 509 WHITCOMB BLVD TARPON SPRINGS, FL 34689 Title S 1 1 8 KOKKINOS, PATTY 509 WHITCOMB BLVD TARPON SPRINGS, FL 34689 Title VP KOKKINOS, JOHN 509 WHITCOMB BLVD TARPON SPRINGS, FL 34689 Annual Reports Report Year Filed Date 2022 05/03/2022 2023 03/22/2023 2024 04/01/2024 Document Images 04/01/2024--ANNUAL REPORT View image in PDF format 03/22/2023—ANNUAL REPORT View image in PDF format 05/03/2022--ANNUAL REPORT View image in PDF format 03/31/2021--ANNUAL REPORT View image in PDF format 02/12/2020—ANNUAL REPORT View image in PDF format 11/18/2019--Amendment View image in PDF format 08/30/2019--Off/Dir Resignation View image in PDF format 02/25/2019--ANNUAL REPORT View image in PDF format 01/12/2018--ANNUAL REPORT View image in PDF format 01/10/2017--ANNUAL REPORT View image in PDF format 01/21/2016--ANNUAL REPORT View image in PDF format 01/07/2015--ANNUAL REPORT View image in PDF format 01/07/2014--ANNUAL REPORT View image in PDF format 01/08/2013--ANNUAL REPORT View image in PDF format 01/04/2012--ANNUAL REPORT View image in PDF format 01/04/2011--ANNUAL REPORT View image in PDF format 01/05/2010--ANNUAL REPORT View image in PDF format 01/19/2009--ANNUAL REPORT View Image in PDF format 02/22/2008--ANNUAL REPORT View image in PDF format 02/01/2007--ANNUAL REPORT View image in PDF format 02/22/2006--ANNUAL REPORT View image in PDF format 03/10/2005--ANNUAL REPORT View image in PDF format 04/14/2004--ANNUAL REPORT View image in PDF format 04/28/2003--ANNUAL REPORT View image in PDF format 04/09/2002--ANNUAL REPORT View image in PDF format 02/01/2001--ANNUAL REPORT View image in PDF format 07/31/2000--ANNUAL REPORT View image in PDF format 02/18/1999--ANNUAL REPORT View image in PDF format 11 B 02/19/1998--ANNUAL REPORT View image in PDF format 05/28/1997--ANNUAL REPORT View image in PDF format 04/23/1996--ANNUAL REPORT View image in PDF format 11B FDDT Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W.PERDUE,P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY April 28,2025 M & J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC. 809 SOUTH SAFFORD AVENUE TARPON SPRINGS, FLORIDA 34689 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: BASCULE BRIDGE REHABILITATION, BRIDGE DECK OVERLAYS, BRIDGE PAINTING, CATHODIC PROTECTION, DRAINAGE, GRASSING, SEEDING AND SODDING, MINOR BRIDGES, R&R INTERMEDIATE BRIDGES ("R&R" IS REPAIR AND REHABILITATE) , R&R MAJOR BRIDGE - BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000 FEET OR MORE, R&R MAJOR BRIDGE - CONCRETE SEGMENTAL CONSTRUCTION, R&R MAJOR BRIDGE - MULTI-LEVEL ROADWAY, R&R MAJOR BRIDGE - STEEL TRUSS CONSTRUCTION, R&R MAJOR BRIDGE- CURVED STEEL GIRDERS, R&R MINOR BRIDGES, BRIDGE JOINT REHABILITATION, PILE JACKET REPAIR, RIP RAP, GROUT INJECTION, BRIDGE SURFACE-SEALING TREATMENT, BRIDGE BEAM REPAIR (STEEL OR CONCRETE) , MARINE LOCK REPAIR (TIMBER & STRUCTURAL STEEL REPAIR/REPLACEMENT) , POST TENSION REPAIR, BASCULE BRIDGE LOCKING MECHANISM, BEARING ASSEMBLY/BRIDGE JACKING CONTRETE REHABILITATION (SPALL REPAIR) , AND FENDER SYSTEM. Unless notified otherwise, this Certificate of Qualification will expire 6/30/2026. In accordance with Section 337.14 (1) , Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3) , Florida Administrative Code (F.A.C.) , by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3) , F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, ,7‘6z as James E. Taylor II, Prequalification Supervisor Contracts Administration Office JTII Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov 118 p4" Ron DeSantis,Governor Melanie S.Griffin,Secretary ��. Florida ,,!.1407,4 r ,, _., . . 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 ''i-+ i i;Vet KOKKINOS, JOHN NICKOLAOS M &J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC. 809 S. SAFFORD AVENUE4fWA16 TARPON SPRINGS. FL 34689 L LICENSE NUMBER:CGC1534237 EXPIRATION DATE: AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com 0, • ❑� ISSUED:06/19/2024 a Do not alter this document in any form. ti o: This 0�'. t is your license. It is unlawful for anyone other than the licensee to use this document. 1 1113 Form 1 -R Request for Taxpayer G(Rev.October 2018) Identification Rlumber and Certification requ Form to the Department of the Treasury requester.Do not Internal Revenue Service d Go to www.irs.gov/FormW9 for instructions and the latest Information. send to the IRS. 1 Name '(as 'shown on your income tax return).Name is required on this line;do not leave this line blank. M°��5 f U- l'cUtc,i rt CO, ert Pule—HAS �' un ( 1 c 2 Business name/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes applyonlyto following seven boxes certain entities,not individuals;see a ti t o ❑ Individual/sole proprietor or )c_r C Corporation p ❑ instructions on page 3)r ❑S Corporation ❑ Partnership T usVestate single-member LLC o Exempt Payee code(n any) • ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)D Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting C ix LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is —tti another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions)> . to accounts m plies unanriaea ou,sbe me Us fin 5 Address(number,street,and apl.or suite no.)See instructions. Requester's name and address(optional) $ Scf-{ i 6 City.state,and ZIP code —Tat c �Lfl �f� 7 List a count rum s)her ( do Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:It the account is in more than one name,see the instructions for line 1.Also see What Name and 'Employer identtfication number Number To Give the Requester for guidelines on whose number to enter. S9 - G3 / i oao Radii Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or 1 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 wfthholding 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 o:your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured. • _ • ellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, yi •not -. :.to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of �j;• Here U.S.person I. Date e •Zjt,.a C' General Instructions •Form 1099-DIV(dividends,Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income, prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •related to Form W-9 and its instructions,such as legislation enacted Form t by brokers)rokk or mutual fund sales and certain other transactions after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),109E-E(student loan interest), information retum with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption taxpayer identification number(ATIN),or employer identification number •Form 1099-A(acquisition or abandonment of secured property) (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding. later Cat No.10231X Form W-9(Rev.10-2018) 11S EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Tyler Lumbatis Construction Superintendent John Kokkinos Project Manager 13 Construction Services Agreement:[2025_ver.3] 1 18 EXHIBIT B-1: PUBLIC PAYMENT BOND (Following This Page) 14 Construction Services Agreement:[2025_ver.3] 11B EXHIBIT B - 1: PUBLIC PAYMENT BOND Bond No. 94,39363_ Contract No. KNOW ALL MEN BY THESE PRESENTS: That M&J Construction Company of Pinellas County, Inc as Principal/Contractor, located at 809 S. Safford Ave. Tarpon SpringSYFr , 34689__` , T elephone:(727)938-6478 (Business Address and Telephone Number), and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196-1056 , Telephone: (330)241-2676 (Business Address and Telephone Number) a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident or non-resident agent licensed to conduct business in the State of Florida and existing under and by virtue of the laws of the State of Florida, are held and firmly bound to Collier County Board of County Commissioners, located at 3299 Tamiami Trail East, Suite 102, Naples, FL 34112-5746, Telephone: (239) 252-8999 as Obligee in the sum of_ Nine Million Eight Hundred Thirty Seven Thousand Eight Hundred Seventy One 54/100 Dollars($ 9,837,871.54 ), this includes allowance, lawful money of the United States of America, for the payment of which, well and truly be made to the Obligee. The Principal/Contractor and the Surety bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: WHEREAS, Principal/Contractor has entered into a contract dated as of the day of ')o.ocmtGe.f- , 20 with Obligee for Stan Gober Memorial Bridge Rehabilitation (Project) with the Obligee, to furnish at Principal/Contractor's own cost, charges, and expense all the necessary materials, equipment, and/or labor, in strict and express accordance with the Contract, which Contract and all exhibits, is made a part of this Bond as fully and completely as if said Contract were set forth herein, is referred to as the Contract. NOW, THEREFORE, the conditions of this obligation are such that, the above bounded Principal/Contractor shall promptly make payments to all persons supplying materials, equipment, services and/or labor used directly or indirectly by said Principal/Contractor or subcontractors in the prosecution of the work provided for in the Contract in accordance with Sections 255.05 or 713.23, Florida Statutes; then this obligation shall be null and void and of no further force and effect; otherwise to remain in full force and effect; AND, the said SURETY for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the services to be performed, or materials to be furnished thereunder, shall effect said obligation of the SURETY on this bond, and the SURETY does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the scope of services, or any other 118 changes, compliance or noncompliance to the terms of the Contract as to the work or scope of services. The Surety agrees that modifications and changes to the terms and conditions of the Agreement that increase the total amount to be paid the Contractor shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation. Claimant shall give written notice to the Principal/Contractor and to the SURETY as requested by Sections 255.05 or 713.23, Florida Statutes. Any actions against the Principal/Contractor or the SURETY shall be brought within the time specified by Section 255.05 or Section 713.23, Florida Statutes. IN WITNESS WHEREOF, the above parties have executed this instrument this_ day of T, 20 25 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL/CO • T. : M&J Construction Company of Pinellas County, Inc "al ...diSignatur i // "'fi t—� _ f1'Cl •. K),\Ia1 Qfu l06 - v 1 Name and Title y r (11 {:� �i0! "I. ss STATE OF FL..t p M. COUNTY OF ('it4r`u.-,V; The foregoing instrument was acknowledged before me by means of 3physical presence or - online notarization, this)y day of t' 20ZS by, N IGK Kokk Ny4OS as VICE e1LE•5'0�rSC" of 1i,R'Cn� r i 0( . t 'f t;f 14,1 CLAM(at�17i N L 1--`o.� 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: :�.�.. \ :,` \o r (Sign re of\lot�ry). (AFFIX OFFICIAL SEAL) 0 \ --1t'4 ,5 \ B--I LLD C- (Legibly Printed) Notary Public. State of t �y Commission No.: k-1 N - i' -V1 `f " :`r,�tµY pk4�, MARY J TAYLOR 4x • • ^ Notary Public-State of Florida �� Commission#NH 381474 F�. My Comm.Expires Apr 3,2027 Bonded through National Notary Assn. .j.ia :rArie.. 118 SURETY: Fidelity a d Deposit Company of Maryland 1299 Zurich Way Authorized Signature Schaumburg, IL, 60196-1056 Keith A. Miller,Attorney-In-Fact (Printed Name) (Business Address) Attest: UOAViefk. 4:A/UA CORPORATE ACKNOWLEDGMENT STATE OF Ohio COUNTY OF Mahoning The foregoing instrument was acknowledged before me this 22nd day of September 20 Keith A.Miller (name idelity2s and Deposit by Company of Maryland of officer or agent, title of officer or agent), of name of corporation acknowledging), a IL (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) _ (type of identification) (as identification) and (did/did not) take an oath. of i 11.1 Keith A.Miller,Attorney-In-Fact ,�. . (1' Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Gwendolyn S.Hardin Printed or Stamped oefI N-1IlI,„„ GWENDOLYN S.HARDIN Notary Public,State of Ohio . - My Commission Expires: March 24,2026 118 EXHIBIT B-2: PUBLIC PERFORMANCE BOND (Following This Page 15 Construction Services Agreement:[2025_ver.3] 11b EXHIBIT B —2: PUBLIC PERFORMANCE BOND Bond No. 9482363 Contract No. KNOW ALL MEN BY THESE PRESENTS: That M&JConstruction Company of Pinellas Co n r Jnc as Principal/Contractor, located at 809 S. Safford Ave, Tarpon Springs, FL, 34689 _ Telephone:(727)938-6478 (Business Address and Telephone Number), and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg,IL,60196-1056 , Telephone:(330)241-2676 _ (Business Address and Telephone Number) a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident or non-resident agent licensed to conduct business in the State of Florida and existing under and by virtue of the laws of the State of Florida, are held and firmly bound to Collier County Board of County Commissioners , located at 3299 T amiami Trail East, Suite 102, Naples, FL 34112-5746, Telephone: (239) 252-8999 as Obligee in the sum of Nine Million Eight Hundred Thirty Seven Thousand Eight Hundred Seventy One 54/100 Dollars ($ 9,837,871.54 _ ), lawful money of the United States of America, for the payment of which, well and truly be made to the Obligee. The Principal/Contractor and the Surety bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: In the event of a default by the Principal/Contractor, the Surety shall assume all obligations of the Principal/Contractor under the Contract including providing the required scope of services set forth in the Contract assuming all warranties, providing all as built drawings, meeting all indemnification and insurance requirements, payment of royalties and license fees, providing for the safety of persons and property and all other obligations of the Principal/Contractor under the Contract. WHEREAS, Principal has entered into a contract dated as of the_day of ti- 6,,, , 20� with Obligee for Stan Gober Memorial Bridge Rehabilitation (Project) with the Obligee, to furnish at Principal/Contractor own cost, charges, and expense all the necessary materials, equipment, and/or labor, in strict and express accordance with the Contract, which Contract and all exhibits, is made a part of this Bond as fully and completely as if said Contract were set forth herein, is referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS BOND and obligation is such that, the above bonded Principal/Contractor shall in all respects fully, promptly, and faithfully comply with the terms and conditions of the Contract, including all exhibits, and shall indemnify and save harmless the Obligee against and from all costs, expenses, damages, including but not limited to damages for delay due to the Principal/Contractor's default, attorney's fees, including appellate proceedings, injury, or loss of which said Obligee may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within the prescribed time, delay or default, including patent infringements, on the part of said Principal/Contractor, its agents, or employees, in the execution or performance of the Contract; then this obligation shall be void; 118 otherwise, to remain in full force and effect for the term of the Contract, including any and all guarantee periods as specifically mentioned in the Contract; AND, 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 and service to be performed hereunder, or materials to be furnished thereunder or the specifications referred to therein shall in anywise affect the Surety's obligations under this bond, and the Surety does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract, or'to the scope of services including the work, or to work or to the specifications to be provided by the Principal/Contractor or any other changes, compliance or noncompliance to the terms of the Contract as to the scope of services. The Surety shall be responsible for delay, damages or liquidated damages due to Principal/Contractor's default and consequential damages for Surety's failure to fulfill its responsibilities as set forth herein. The Surety agrees that modifications and changes to the terms and conditions of the Agreement that increase the total amount to be paid the Contractor shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation. 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. Any suit under this bond must be instituted within five years from the date Obligee obtained actual knowledge of the cause of action. 118 IN WITNESS WHEREOF, the above parties have executed this instrument this 22nd day of September , 20 25 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, seal and delivered in the presence of: PRINCI CONTRACTOR: M&J Construction Company of Pinellas County, Inc Sign e �CSN� <6,\)< ‘,d°5 Name and Title STATE OF F"LOr�\cs)Ir COUNTY OF JPInS7 �,pS The foregoing instrument wa acknowledged before m/e by means of physical presence or online notarization, this Lj day of car-0 k2o LC by 11,E lcntik,N°S Nl I n!L as of NJ--j CAN;tnu cTic,J Cor Pr.:/ rc-( Pi4uAr Cosa (L\t�= corporation, on behalf of the corporation. He/She is jersonally known to me OR has produced identification and d'd{did not) take an oath. My Commission Expires: (Signature i No ry) (AFFIX OFFICIAL SEAL) (AflC-•-1 ) \Ay LO (Legibly Printed) Notary Public, State of S I MARY J TAYLOR ' Commission No.'_ ;-\ 'Z a \ Notary Public-State of Florida l� v Commission#NH 382474 ........ My Comm.Expires Apr 3,2027 Bonded through National Notary Assn. 116 SURETY: Fidelit nd Deposit Company of Maryland • --- 1299 1299 Zurich Way Authorize Signature Schaumburg, IL, 60196-1056 Keith A. Miller,Attorney-In-Fact (Printed Name) (Business Address) \ `',ATTEST: _ .) 1,\ CORPORATE ACKNOWLEDGMENT STATE OF Ohio COUNTY OF Mahoning The foregoing instrument was acknowledged before me this 22nd day of September 2Q2rid5elity and Deposit by Keith A. Miller (name of officer or agent, title of officer or agent), of Company of Maryland name of corporation acknowledging), a IL (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me)(or has produced identification) _(type of identification) (as identification) and (did/did not) take an oath. Keit .Miller,Attorney-In-Fact , Signature of Person Taking Acknowledgment 44F<../1/-1.00-,--pC,_. N.-A ' 44,., Name of Acknowledger Typed, Gwendolyn S.Hardin Printed or Stamped gFIA( "� f sk GWENDOLYN S.HARDIN r - _ .* Notary Public,State of Ohio My Commission Expires: ='�-' March 24,2026 1 1 8 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Christopher Nolan,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint James M.Klingensmith,Monica Bonilla,Keith A.Miller,Olivia Pacheco,Christopher A.Howard,Brian Battaglia,of Canfield,Ohio,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of January,A.D.2025. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND44,._ ... c�.'., yCP n 'f j HBO z;.ec. �.vr �: � )ti.73,;. SEAL'� SEAIn+�' i SEAL. ?— 1 = By:Christopher Nolan ,,ryN , r to ».a'. Vice President uunmti'`' • • ``" By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 28th day of January A.D.2025, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Christopher Nolan,Vice President and Dawn E. Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M.Maison Notary Public My Commission Expire January 27,2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 11B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 22nd day of September , 2025 O �r o❑ 'r'O' o Ecio 12-1 U m o= =: a rn� SEAt t;= = SEAL 1,= SEAL co i3. _8;}l i ` rv; 3f ..... rlJy' 'y •. +r '.,y1lt,.•'. '� n, m"'�",• a,�y l,{�...K...�""P`"�� noun."""`"O Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 repertsfclaims(n7,zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 1 1 B THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schaumburg,IL 60196 Statement of Financial Condition As Of December 31,2024 ASSETS Bonds $ 181,162,758 Stocks 18,212,825 Cash and Short-Term Investments 2,411,982 Reinsurance Recoverable 20,361,515 Federal Income Tax Recoverable 10,150 Other Accounts Receivable 26,284,837 TOTAL ADMI1TED ASSETS $ 248,444,067 LIABILITIES,SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 103,295 Ceded Reinsurance Premiums Payable 45,005,200 Remittances and Items Unallocated 0 Payable to parents,subs and affiliates 0 Securities Lending Collateral Liability 0 TOTAL LIABILITIES $ 45,108,495 Capital Stock,Paid Up $ 5,000,000 Surplus 198,335,572 Surplus as regards Policyholders 203,335,572 TOTAL. $ 248,444,067 Securities carried at$78,636,217 in the above statement are deposited with various states as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2024 would be S236,552,538 and surplus as regards policyholders$191,444,043. I,LAURA J.LAZARCZYK,Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31 st day of December,2024. CwJ,bm oyyt Corporate Secretary State of Illinois City of Schaumburg SS: Subscribed and sworn to,before me,a Notary Public of the State of Illinois,in the City of Schaumburg,this 25'h day of February,2025. f _v I ( ! -L-r Norwy Public — —war ay++.0,4 f Official Seal ' KATHERINE R SCHULTZ Notary Public.State of Illinois Commission Na.686903 ♦' !Ay Commission Expires December 7,Z017 i 1 8 Fidelity and Deposit Company of Maryland F , D Home Office: 600 Red Brook Boulevard, Owings Mills,MD 21117 4014 Bond No. 9482363 RIDER To be attached to and form a part of bond# 9482363 , dated the 10th day of November 2025 , issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, on behalf of M&J Construction Company of Pinellas County, Inc as Principal, in the amount of Eight Million Nine Hundred Thirty Seven Thousand Eight Hundred Seventy One 54/100 Dollars ($ 8,937,871.54 ), and in favor of Collier County Board of Commissioners In consideration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended as follows: The bond amount has increased: From: Eight Million Nine Hundred Thirty Seven Thousand Eight Hundred Seventy One 54/100 Dollars ($ 8,937,871.54 ) To: Nine Million Eight Hundred Thirty Seven Thousand Eight Hundred Seventy One 54/100 Dollars ($ 9,837,871.54 ) Provided, however, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of the 10th day of November , 2025 Signed, sealed and dated this 10th day of November , 2025 M&J Construction Company of Pinellas County, Inc Principal By: Fidelity and Deposit Company of Maryland By: • Keith A. Miller , Atto? ey-In-Faet-, 4 . 11B ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Christopher Nolan,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint James M.Klingensmith,Monica Bonilla,Keith A.Miller,Olivia Pacheco,Christopher A.Howard,Brian Battaglia,of Canfield,Ohio,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of January,A.D.2025. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND _... .4Ca\�c� r+rPOr,9ti+st x 4s o 9�R^' :a 1 60, :°SEAL m =3i SEAa. �d {,;S�`AL 'z�= By:Christopher Nolan k. eP Vice President tiRvYu�w„.`' Ogrn.tnii rrnw In ill (?�.. `.'- -. 1cx� r By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 28th day of January A.D. 2025, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. :U' F Genevieve M.Maison Notary Public My Commission Expire January 27,2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 118 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this •?0t+I day of November ,2025 ' t m = �'" •°SEAL r°' t SEAL!'' =_ 'USEAL :3 zyt rijj, Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfc laims(c7r,zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 t18 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schaumburg,IL 60196 Statement of Financial Condition As Of December 31,2024 ASSETS Bonds $ 181,162,758 Stocks 18,212,825 Cash and Short-Term Investments 2,411,982 Reinsurance Recoverable 20,361,515 Federal Income Tax Recoverable 10,150 Other Accounts Receivable 26,284,837 TOTAL ADMITTED ASSETS $ 248,444,067 LIABILITIES,SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 103,295 Ceded Reinsurance Premiums Payable 45,005,200 Remittances and Items Unallocated 0 Payable to parents,subs and affiliates 0 Securities Lending Collateral Liability 0 TOTAL LIABILITIES $ 45,108,495 Capital Stock,Paid Up $ 5,000,000 Surplus 198,335,572 Surplus as regards Policyholders 203,335,572 TOTAL $ 248,444,067 Securities carried at$78,636,217 in the above statement are deposited with various states as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2024 would be S236,552,538 and surplus as regards policyholders$191,444,043. I,LAURA J.LAZARCZYK,Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December,2024. Corporate Secretary State of Illinois City of Schaumburg SS: Subscribed and sworn to,before me,a Notary Public of the State of Illinois,in the City of Schaumburg,this 25'h day of February,2025. • 1- . Notary Public Official Seal KATHERINE R SCHULTZ Notary Public,State of Illinois Commission No.686903 My Commission Expires December 7,2027 1 1 1 E EXHIBIT B-3: INSURANCE REQUIREMENTS (Following This Page) 16 Construction Services Agreement:[2025_ver.3] EXHIBIT B-3: INSURANCE REQUIREMENTS 1 18 The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth herein. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth herein with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty(30)days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. [2024_ver.1] 118 EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Page) 17 Construction Services Agreement:[2025_ver.3] 118 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) 118 EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This Page) 18 Construction Services Agreement:[2025_ver.3] 118 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%through $ Retainage @ 5%through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 118 EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This Page) 19 Construction Services Agreement:[2025_ver.3] 118 L. 0 J • Z 2 ❑ O Q 2 H H I W > N N O O (-aW ( U a e Z a y Hm a4 = co w a a m a m c W m 3 m e Z U ▪ F o w N 0 N W U) c U N L Z Z o Q J W O_ • O c a' m H c W COco 2 E D w O F O Z W I- C.) O U a WTro W O a tn- OL Q w a 0 0 m O. 0 a a n Co ad = O O W w O H 0 W w F W W W I O a 0 a0 5. m 2 1- a_ OWn U N w E 7 !n O mai N 00 a,Q ea 0 _> O W E c } O O W N m r u) Q o)v K 2 c c w v a, r m o' U N N (n L O U 0 c a2 fn 0 O _ _ j U F w a C a d O 'O-2 a I- N C Q J u) W a a Z Q d 2 O 0 m e OU Q W N L U N _ CC• J Z E N O a N m • a m � Q , v y w a m D I- E y O QD 8m 5 N F W a u • aaF 2E U c 0) O U O L d W J W a 0 > > c N W Q = c S ) o 0 m a4 co E w c m m ( U n z N O p'� 0 a 3-0 E m N T F w E a, L 0 N w (p 3 c W N o 2 N 0 Q m E z a. 0 `O ~ w =c W W W c O ~ j m E CC Z .ca # o U 118 EXHIBIT D-3 STORED MATERIALS (Template Form Following This Page) 20 Construction Services Agreement:[2025_ver.3] 118 o W J NI U J Z Q Q J (n Q Z m i w J O J � aW I- a z >- N 0 • W O --I J W Q • N a z w m I- CO z p w 0 F > O w di ow a W O f W 12 a o a 0 v N �� a' J a N O Y O m L f4 W OCe CC W W a CC I Co- -0 L_ j 0i a a 7 a m N N N O d ~ T a � 0 C.) u a � w W F O O a 118 EXHIBIT E-1: CHANGE ORDER (Template Form Following This Page) 21 Construction Services Agreement:[2025_ver.3] 118 ( ) Collier County --.._ Procurement Services Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Select One: ❑Contract Modification(Construction or Project Specific) ❑ Work Order/Purchase Order Modification Project Manager Name: Division Name: Original Contract/Work Order Approved Amount BCC Approved Date&Agenda (excluding Owner's Allowance) Item: Original Approved Owner's Allowance Current Contract/Work Order Approved Amount Dollar Amount of this Change Revised Contract/Work Order Total Total Cumulative Changes(Including all change orders) Notice to Proceed I 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) Check if applicable:❑Per Florida Statute 218.755 Prompt processing of change orders:For any contract for construction services entered on or after July 1, 2025, the local governmental entity must approve or deny the price quote and send written notice of that decision within 35 days after receipt of such quote. Quote Date of Response Due Date Receipt (35 days from Date of Receipt) 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(Include Affidavit Regarding Labor and Services); ❑Add funds; ❑ Use of Allowance;❑ Modify/Delete existing Task(s); ❑Add new Task(s); ❑ Reallocate funds; El 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(2025_ver.1) 1 I B (1/R` Collier County -�.. Procurement Services 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(2025_ver.1) 71'N Collier County 118 --.,... Procurement Services 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(2025_ver.1) Collier Count 11S ( 1'' y --._ Procurement Services Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: FOR PROCUREMENT USE ONLY FY CO Request# PUR- 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 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 (2025_ver.1) 118 EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Following This Page) 22 Construction Services Agreement:[2025_ver.3] 118 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 ❑ Unit Prices ❑ Lump Sum ❑ Lump Sum ❑ 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 OWNER's Representative *An itemized cost proposal(s)/quote(s)shall be submitted with the Change Order. 118 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Following This Page) 23 Construction Services Agreement:[2025_ver.3] 118 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 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. 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 11 8 A Contractor generated punch list of items to be completed or corrected is attached (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. A final Punch List Exhibit F-3 ("Punch List") will be developed, by the Owner and Contractor, with the Owner having the final say on the items included on the Punch List. The Punch List must include all items required to render the Project complete, satisfactory, and acceptable. 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 Punch List must be completed or corrected by CONTRACTOR within 30 days from the delivery date of the Punch List 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 ancollierclerk.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 11B Signature of Owner Type Name and Title 118 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Template Form Following This Page) 24 Construction Services Agreement:[2025_ver.3] 118 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] 118 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] 11B EXHIBIT F-3 PUNCH LIST FORM (Template Form Following This Page) 25 Construction Services Agreement:[2025_ver.3] 118 EXHIBIT F-3 PUNCH LIST FORM Item Description Value Completion Date Dated Approved No. by Owner Subtotal x 150% Delivery Date of Punch List from Owner to Contractor: (date of final Punch List). Final Completion Date: (30 days from the delivery of Punch List) 118 EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Template Form Following This Paqe) 26 Construction Services Agreement:[2025_ver.3] 118 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 F-3 Punch List: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: 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 I1B EXHIBIT G-2 WARRANTY (Template Form Following This Page) 27 Construction Services Agreement:[2025_ver.3] 118 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] 118 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:[2025_ver.3] 118 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:[2025_ver.3] 118 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:[2025_ver.3] 118 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, F.S. 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, F.S.. Any reduction in retainage below the maximum amount set forth in Section 255.078, F.S. 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 Section 255.078, F.S. or otherwise required pursuant to Section 218.735(7), F.S. Any interest earned on retainage shall accrue to the benefit of the Owner. Pursuant to Section 218.735(8)(f), if the total cost of the construction services is $200,000 or less, then the 5% retainage requirement does not apply. 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. 31 Construction Services Agreement:[2025_ver.3] I 1 8 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 prior to final completion. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"'aches" 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 32 Construction Services Agreement:[2025_ver.3] lib 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 documentation that may be required by the Contract Documents and the Owner. Prior to release of Final Payment, 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 33 Construction Services Agreement:[2025_ver.3] I may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 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. 7.6 Per Section 218.755, F.S. effective July 1, 2025, Owner shall approve or deny a price quote for a Change Order within thirty (35) days after receipt of such price quote from the Contractor (receipt commencing the date upon which the County's Project Manager and Department Head receives the price quote, whichever is earlier). A denial notice shall specify deficiencies and actions necessary to remedy deficiencies. 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; 34 Construction Services Agreement:[2025_ver.3] 118 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 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: PUBLICRECORDREQUEST ,COLLIERCOUNTYFL.GOV 35 Construction Services Agreement:[2025_ver.3] 118 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 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. 36 Construction Services Agreement:[2025_ver.3] I 1 B 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 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 37 Construction Services Agreement:[2025_ver.3] 118 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. 10.8 For any contract for construction services entered on or after July 1, 2025, the County must approve or deny a price quote for a change order requested or issued by the County within 35 days after receipt of such price quote from the Contractor (receipt commencing the date upon which the County's Project Manager and Department Head receives the price quote, whichever is earlier) consistent with the prompt processing of change orders set forth in Section 218.755, F.S. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 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 38 Construction Services Agreement:[2025_ver.3] 118 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, Contractor shall indemnify, defend, and hold harmless Owner, its elected officials, officers, and employees, from any and all liabilities, damages, losses and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor, its employees, agents, officers, subcontractors and other persons employed or utilized by Contractor in the performance of this Agreement. It is further the specific intent and agreement of the Parties that all the Contract Documents of any project for which Contractor provided services be hereby amended to include the foregoing indemnification. Contractor expressly agrees that it will not claim, and waives any claim, that this article violates Section 725.06, F.S., or is unenforceable pursuant to Section 725.06, F.S. This indemnification obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section 13.1. This indemnification provision shall include claims made by an employee of Contractor or any subcontractor against Owner and Contractor waives any entitlement to immunity under Section 440.11, F.S. Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability Owner may be entitled to under the doctrine of sovereign immunity or Section 768.28, F.S. This indemnification provision shall survive the termination of this Agreement however terminated. Contractor's obligation to indemnify, defend, and hold harmless shall not be limited by the amount of any insurance required to be obtained or maintained under the Contract Documents. Notwithstanding the foregoing, Contractor's obligations to indemnify, defend and hold harmless shall be limited to one million dollars ($1,000,000) or the Contract Price, whichever is greater, in accordance with Section 725.06, F.S. 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 39 Construction Services Agreement:[2025_ver.3] I 1 B 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, F.S.). 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. Contractor shall comply with all applicable provisions of Sections 448.09 and 448.095, F.S., as may be amended. The definitions in Section 448.095(1), F.S., as may be amended, apply to this section of the Agreement. Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees of Contractor. Contractor may not enter into a contract with a subcontractor to perform work under this Agreement unless and until the subcontractor registers with and uses the E-Verify system. If Contractor enters into a contract with a subcontractor to perform work under this Agreement, Contractor must obtain a properly executed affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain copies of all such affidavits for the duration of this Agreement. Owner may terminate this Agreement for cause if Owner determines that Contractor or Contractor's subcontractor has not complied with any applicable provision of Sections 448.09 or 448.095, F.S., as may be amended. Owner will terminate this Agreement for cause if Owner has a good faith belief that Contractor has knowingly violated subsection 448.09(1), F.S., as may be amended. If the OWNER has a good faith belief that a subcontractor knowingly violated Section 448.09(1), F.S., as may be amended, but OWNER determines that Contractor otherwise complied with Section 448.09(1), F.S., as may be amended, OWNER will notify Contractor as such, and Contractor must immediately terminate Contractor's contract with said subcontractor. If this Agreement is terminated under Section 448.095(c), F.S.: (a) such termination is not a breach of this Agreement and may not be considered as such; (b) Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement is terminated; and (c) Contractor is liable for any additional costs incurred by the Owner as a result of the termination of the Agreement. 40 Construction Services Agreement:[2025_ver.3] II Contractor acknowledges, and without exception or stipulation, any Contractor(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 Contractor(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. 14.4 Applicable if Contract is $1,000,000 or more. By executing this Agreement and each and every renewal hereof(if renewal is separately provided for herein), pursuant to Section 287.135, F.S., Contractor certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies with Activities in Sudan List, (b) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (c) it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, (d)that it does not have Business operations or is engaged in business in Cuba or Syria, and (e) that it is not engaged or engaging in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately for cause if: (1) Contractor is found to have submitted a false certification regarding (a) — (e) above in accordance with Section 287.135(5), F.S., (2) Contractor is found to have been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is or has been engaged in Business operations in Cuba or Syria or a Boycott of Israel, or (3) Contractor is found to have been placed on a list created pursuant to Section 215.473, F.S., relating to scrutinized active business operations in Iran. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity. The terms "Boycott of Israel" and "Business operations" used in this section are defined as in Section 287.135, F.S.. The Lists referred to in this section are those Lists in and maintained pursuant to Section 287.135, F.S. Applicable if Contract is under $1,000,000. By executing this Agreement and each and every renewal hereof (if renewal is separately provided for herein), pursuant to Section 287.135, F.S., Contractor certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies that Boycott Israel List, and (b) it is not engaged in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately if: (1) Contractor is found to have submitted a false certification regarding (a) or (b) above in accordance with Section 287.135, F.S., or (2) Contractor has been placed on the Scrutinized Companies that Boycott Israel List or is or has been engaged in a Boycott of Israel. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity. The term "Boycott of Israel" used in this section is defined as in, and the Scrutinized Companies that Boycott Israel List is the list maintained pursuant to, Section 287.135, F.S. 14.5 Applicable if Contract is over $100,000. Pursuant to Section 286.101, F.S., Contractor shall disclose any current or prior interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as defined below, if such interest, contract, or grant or gift has a value of$50,000 or more and such interest existed at 41 Construction Services Agreement:[2025_ver.3] 116 any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. For purposes of this section, "Foreign Country of Concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea,the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern. Contractor's disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Contractor represents that within one (1) year before proposing any contract to the Owner, Contractor provided a copy of such disclosure to the Florida Department of Financial Services. 14.6 By executing this Agreement and each and every renewal hereof (if renewal is separately provided for herein), pursuant to Section 786.06, F.S., Contractor certifies, represents, and warrants that it does not use coercion for labor services, as those terms are defined in Section 786.06. Contractor will provide to the Owner an affidavit in the form attached as Exhibit J signed by an officer or representative of Contractor under penalty of perjury attesting that Contractor does not use coercion for labor or services. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately if Contractor is found to have submitted a false attestation. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity. 14.7 Pursuant to Section 166.246, F.S., Contractor agrees that Contractor does not and will not, nor will it allow a subcontractor to, use any funds from the Owner for the purpose of issuing an identification card or document to any individual who does not provide proof of lawful presence in the United States. 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. 42 Construction Services Agreement:[2025_ver.3] IIB 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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 43 Construction Services Agreement:[2025_ver.3] I 1 8 excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 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. If this Agreement is terminated by the Owner for cause, in addition to all other remedies, Contractor shall be liable for all expenses incurred by the Owner in reprocuring elsewhere the same or similar items or services offered by Contractor. 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 44 Construction Services Agreement:[2025_ver.3] b 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. 19.3 It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. In the event the Owner, in its sole discretion, determines that sufficient budgeted funds are not available to appropriate for payments due to Contractor under this Agreement, the Owner shall notify Contractor of such occurrence and this Agreement shall terminate on the last day of the current fiscal period without any penalty or expense to the Owner. 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: 45 Construction Services Agreement:[2025_ver.3] 118 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 Punch List document (Exhibit F-3 Punch List Form) ("Punch List"). 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. 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 developed within thirty (30) Days after the Substantial Completion date and delivered to the Contractor five (5) days thereafter. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00), the Punch List must be developed within forty-five (45) Days after the Substantial Completion date and delivered to the Contractor five (5) days thereafter. 46 Construction Services Agreement:[2025_ver.3] I18 (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 amount equal to 150 percent(150%)of the estimated cost to complete the items on the Punch List. Warranty items may not affect the final payment retainage as provided herein. Owner is not required to pay or process any payment request for retainage if the Contractor has failed to cooperate with Owner in the development of the list or failed to perform its contractual responsibilities with regard to the development of a list or if Section 255.078(3), F.S., applies. (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. 47 Construction Services Agreement:[2025_ver.3] II (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), F.S. (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, F.S., 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. 48 Construction Services Agreement:[2025_ver.3] 118 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. Prior to release of Final Payment, 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. 49 Construction Services Agreement:[2025_ver.3] 1B (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 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 50 Construction Services Agreement:[2025_ver.3] 11E approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation, and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday, or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 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 51 Construction Services Agreement:[2025_ver.3] 118 Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect, and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect, and consequential costs 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 52 Construction Services Agreement:[2025_ver.3] 1B assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever Contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents, or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 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 53 Construction Services Agreement:[2025_ver.3] 11 �s easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or replacement of their property. 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: 54 Construction Services Agreement:[2025_ver.3] 1113 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 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. 55 Construction Services Agreement.[2025_ver.3] I E 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice 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 56 Construction Services Agreement:[2025_ver.3] � 1I 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, F.S., and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 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 57 Construction Services Agreement:[2025_ver.3] � 16 except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 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 58 Construction Services Agreement:[2025_ver.3] 118 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 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 59 Construction Services Agreement:[2025_ver.3] I1B and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(acolliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically Chapters 761, 762, 777, and 780; 376 & 403 F.S.; 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. 60 Construction Services Agreement:[2025_ver.3] I 1 B 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. 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, F. S. 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. 61 Construction Services Agreement:[2025_ver.3] 116 EXHIBIT I-1: SUPPLEMENTAL TERMS AND CONDITIONS Attached hereto, following this page ® Not Applicable 62 Construction Services Agreement:[2025_ver.3] 118 EXHIBIT 1-2: ANTI-HUMAN TRAFFICKING AFFIDAVIT (Following This Page) 63 Construction Services Agreement:[2025_ver.3] 18 ANTI-HUMAN TRAFFICKING AFFIDAVIT Instructions: This form must be completed by an officer or representative of an entity entering into, renewing, or extending, a contract with Collier County ("OWNER"). (vlS-5 Cc,N$"fi.1.�Lrio�1 Conrnr)i ( PirJi-�+'d, Cc-n /rf The undersigned, on behalf of , ("CONTRACTOR"), hereby attests as follows: A. CONTRACTOR understands and affirms that Section 787.06(13), F. S., prohibits the OWNER from executing, renewing, or extending a contract to entities that use coercion for labor or services, with such terms defined as follows: • "Coercion" means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; (4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or(7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, F. S., to any person for the purpose of exploitation of that person. • "Labor" means work of economic or financial value. • "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. B. CONTRACTOR hereby attests, under penalty of perjury, that CONTRACTOR does not use coercion for labor or services as defined in Section 787.06(2), F. S.. I, the undersigned, hereby represent that I make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and am authorized to legally bind and make the above attestation on behalf of Vendor. Under penalties of perjury, I declare that I have re- • ;rgoing document and that the facts stated in it are true. ate Authorized Signature: � Date: `o Printed Name: MC'k kb k',r'J• Title: f12 )iGC(,)I STATE OF [ Lp 2"Q A COUNTY OF QtN-61AAS The foregoing instrument was acknowledged before me by means of,j ] physical presence or❑ online notarization, this 29 day of gPCC.(Ag6 , 20Z<, by N►Gk, k6\<K as f 1Z..t.:,t Q{,r,) on behalf of the company/corporation. They0 are personally known to me or ❑ have produced as identification. � _ \ �- Signat re of of ry P.ubli \\\Rj \f (Lc=2 Name of Notary Typed, Printed or Stamped My Commission Expires: '-1 aat-'1-1 a MARY J TAYLOR 64 Notary Public-State of Florida Construction Services Agreement:[2025_ver.3] °` Commission it NH 382474 r\,°.1:' My Comm.Expires Apr 3,2027 Bonded through National Notary Assn. 118 AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED 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. Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the following criteria: (a)the entity is owned by the government of a foreign country of concern; (b)the government of a foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. Effective July I,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c),§287.138,Florida Statutes. Nongovernmental Entity's Name: M&J Construction Company of Pinellas County,Inc. Address: 809 S.Safford Ave.,Tarpon Springs,FL 34689 Phone Number: 727-938-6478 Authorized Representative's Name: NICK KOKKINOS Authorized Representative's Title: PRESIDENT Email Address: receptionist@mjconstruction.net I, NICK KOKKINOS (Name of Authlrized�a tative), as authorized representative attest under penalty of perjury that( )Corv4.S .tuxwJ Ct , PA"/yF 1 ‘-l'irfiVecof Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in§787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by a government of a foreign country of concern,(b)that a foreign country of concern does notthave a controlling interest in the entity,and (c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of concern,all as prohibited under§287.138,Florida Statutes. Under penalty of perjury I •- e that I have read the foregoing Affidavit and that the facts stated in it are true. 4111011.' , 10/14/25 (Signatur: c presentative) Date STATE OF FLORIDA COUNTY OF PINELLAS Sworn to(or affirmed)and subscribed before me,by means of II physical presence or 0 online notarization this 10 day of 14 ,20 25 by NICK KOKKINOS (Name of Affiant),who produced his Florida Driver's License as identification. r ANotaryPubtie ----� - - ---- . 2► MARY J TAYLOR LA 1 �—1 1 ;� •' Notary Public State of Florida i 1 t'A"l. ; `.� Commission#NH 382474 Commission Expires ( `'�?oF ti My Comm.Expires Apr 3,2027 P Bonded through National Notary Assn. 0 Personally Known COR Produced Identification 0 Type of Identification Produced: el*"' 1 1 Collier County Form 1: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 by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County,for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. 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 work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 29th day of January 2025 in the County of Lee,in the State of Florida. Firm's Legal Name: Envirostruct,LLC Address: 26701 Dublin Woods Circle City,State,Zip Code: Bonita Springs,FL 34135 Florida Certificate of L09000031232 Authority Document Number Federal Tax Identification Number 26-4578594 *CCR#i or CAGE Code *Only if Grant Funded Telephone: 239-494-5700 Email: Neft EnviroS true t.net Signature by: Simon (Typed and written) Title: President 118 Additional Contact Information Send payments to: EnviroStruct,LLC (required if different from Company name used as payee above) Contact name: Jeff Maas Title: CFO Address: 26701 Dublin Woods Circle City,State,ZIP Bonita Springs,FL 34135 Telephone: 239-494-5700 Email: JMaas@envirostruct.net Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: 9/25/25, 11:33 AM Detail by Entity Name 1 1 8 DIVISION OF CORPORATIUr: I Js7L101 I of . 11)' 9 �'Jr) pjr) ,\rft r url,Nf ui!',lurr u//•7urilu re it lte Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company ENVIROSTRUCT, LLC Filing Information Document Number L09000031232 FEI/EIN Number 26-4578594 Date Filed 03/31/2009 State FL Status ACTIVE Principal Address 26701 Dublin Woods Circle Bonita Springs, FL 34135 Changed: 02/08/2019 Mailing Address 26701 Dublin Woods Circle Bonita Springs, FL 34135 Changed: 02/08/2019 Registered Agent Name&Address SIMON, NEIL 26701 Dublin Woods Circle Bonita Spings, FL 33928 Address Changed: 02/08/2019 Authorized Person(s)Detail Name&Address Title P SIMON, NEIL W 26701 Dublin Woods Cr Bonita Springs, FL 34135 Title VP https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ENVIROS... 1/2 9/25/25, 11:33 AM Detail by Entity Name 1 1 Lr MCKENNA, STEPHEN PJR. 26701 Dublin Woods Cr Bonita Springs, FL 34135 Title CFO Maas,Jeffery 26701 Dublin WQoods Cr Bonita Springs, FL 34135 Annual Reports Report Year Filed Date 2023 01/31/2023 2024 02/06/2024 2025 02/05/2025 Document Images 02/05/2025—ANNUAL REPORT View image in PDF format 02/06/2024—ANNUAL REPORT View image in PDF format 01/31/2023—ANNUAL REPORT View image in PDF format 02/04/2022—ANNUAL REPORT View image in PDF format 02/19/2021—ANNUAL REPORT View image in PDF format 01/07/2020—ANNUAL REPORT View image in PDF format 02/08/2019—ANNUAL REPORT View image in PDF format 04/09/2018—ANNUAL REPORT View image in PDF format 02/18/2017—ANNUAL REPORT View image in PDF format 01/26/2016—ANNUAL REPORT View image in PDF format 01/09/2015—ANNUAL REPORT View Image in PDF format 01/08/2014—ANNUAL REPORT View image in PDF format 02/11/2013—ANNUAL REPORT View image in PDF format 02/07/2012—ANNUAL REPORT View image in PDF format 03/08/2011—ANNUAL REPORT View image in PDF format 04/20/2010—ANNUAL REPORT View image in PDF format 03/31/2009--Florida Limited Liability View image in PDF format Florida Dwt2'tmeot a,State,fiivi sloo of(.- https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ENVIROS... 2/2 k�E-Verify �,, a� 11S lll`il ll Company ID Number: 1414405 Information Required for the E-Verify Program Information relating to your Company: EnviroStruct, LLC Company Name 26701 Dublin Woods Circle Bonita Springs, FL 34135 Company Facility Address 26701 Dublin Woods Circle Bonita Springs, FL 34135 Company Alternate Address County or Parish LEE Employer Identification Number 264578594 North American Industry 236 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify Company ID Number: 1414405 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FL 1 Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 11bu Form 1AI-9 I Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Envirostruct,LLC 2 Business name/disregarded entity name.if different from above y3 Check appropriate box for federal tax classification of the a) following seven boxes. person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to a certain entities,not individuals:see o instructions on page 3): IndividuaVsole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑ Trust/estate C single-member LLC Exempt payee code(if any) il; Q Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► S o , Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is 'c— another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if any) _� is disregarded from the owner should check the appropriate box for the tax classification of its owner. . ❑ Other(see instructions)► �. (Apptaas to accounts rnamtalna0°ult.,*the U S 1 to 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) ot 26701 Dublin Woods Circle 6 City.state,and ZIP code Bonita Springs,FL 34135 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other I I —I I entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number l Number To Give the Requester for guidelines on whose number to enter. I 2 6 -I4 I 5I7I8I5 9I4 Part II 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 s' n the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person I. Date► �2- 6 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-MISC(various types of income,prizes,awards,or gross Proceeds) Future developments.For the latest information about developments •related to Form W-9 and its instructions,such as legislation enacted Form 1099 B(stock or mutual fund sales and certain other after they were published,go to www.irs.gov/FormW9. transactions by brokers) •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •(SSN),individual taxpayer identification number(ITIN),adoption Form 1099 C(canceled debt) taxpayer identification number(ATIN),or employer identification number •Form 1099-A(acquisition or abandonment of secured property) (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018)