#10-5510 (Vanderbilt Bay Construction)
A G R E E MEN T 10-5510
for
Annual Contract for General Contractor Services
THIS AGREEMENT is made and entered into this ;;;r day of S"~~~b~ ,2010,
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Vanderbilt
Bay Construction, Inc., authorized to do business in the State of Florida, whose business address is
2224 Trade Center Way, Naples, Florida 34109 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on September
28, 2010 and terminating September 27, 2011, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed. This contract shall
have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee,
may, at his discretion, extend the Agreement under all of the terms and conditions contained in
this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed five (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete general contractor services on an as-needed basis as may be required by the
Owner in accordance with the terms and conditions of RFP #10-5510 and the Contractor's
proposal, which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the /
term of this Agreement. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such services are
authorized.
Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be
performed which will afford the Contractor the opportunity to submit a formal quotation for the
Work; the Contractor shall respond with the information sought within seven (7) working days.
For projects with an estimated cost of Fifty Thousand Dollars ($50,000) or less, the Owner shall
obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms
and conditions, and issue a numbered Work Order, signed by the Department Director to initiate
the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) up to Two Hundred
Fifty Thousand Dollars ($250,000), competitive quotes shall be solicited from all of the selected
firms. The Contractor shall respond with the information sought within ten (10) working days. The
County will negotiate favorable project terms and conditions, and issue a numbered Work Order
to initiate the projects. Division Administrator approval is required at this level.
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If Payment and Performance Bonds are required, Contractor shall provide within seven (7)
working days after notification of award.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Troy D. Buhs, Vice President of Operations
Vanderbilt Bay Construction, Inc.
2224 Trade Center Way, Naples, FL 34109
Phone: 239-591-0900
Fax: 239-591-8181
Email: TBuhs@vbcnaples.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
Email: SteveCarnell@colliergov.net
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
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permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
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. 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.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $1 ,ooo,qoo for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
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County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Contractor shall provide County with certificates of insurance
meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officer~ and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it cea,ses to meet the requirements imposed by
the Co.ntract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may receive' Progress Payments. Subsequent to the
first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the
form attached hereto as Exhibit "B" as a condition precedent to release of each progress
payment. All applications for payment, whether for full payment or a progress payment shall be in
writing, and in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence
indicating probable fling 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
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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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and 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 supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or cornpletion 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.
C. 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 his 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.
17.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or changed
work orally. Any modifications to this Contract shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
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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.
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 Change. 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 38 of this Agreement or else be deemed to
have waived any claim on this matter it might otherwise have had.
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. Contractor's and Sub-Contractor's
bond costs associated with any change order shall. be included in the overhead and profit
expenses and shall not be paid as aseparate line item.. No markup shall be placed on sales tax,
shipping or subcontractor markup.
18. COMPLIANCE WITH LAWS. 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, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
19.CLEAN UP. 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.
20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. 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.
21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen 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.
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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 final 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 r~sponsible for and pay for replacement or
repair of adjacent materials or Work which may be dal)laged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
22.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
23. TESTS AND INSPECTIONS. 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 to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
24. PROTECTION OF WORK.
A. 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 anyone for whom
Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. 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.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred
by Owner associated therewith.
25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after 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.
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If the Owner 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.
26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonable time thereafter, Owner and
Contractor shall make an inspection of the Work (or designated portion thereof) to determine the
status of completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall notify the
Contractor in writing of the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punchlist of' items to be completed or corrected by
Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall promptly notify the Contractor in writing, recommending that on the basis of
his observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that the entire
balance found to be due Contractor is due and payable.: Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as E~hibit "B".
(2) Consent of Surety (if applicable) to final payment. .
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in
such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable.
27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. 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.
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The Work shall be substantially completed within the time specified in the Request for Quotation.
The date of substantial completion of the Work (or designated portions thereof) is the date
certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance
by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation for each calendar day
thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner notifies the
Contractor in writing of the Substantial Completion date pursuant to the terms hereof. Contractor
hereby expressly waives and relinquishes any right which it may have to seek 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 complete the Work in a timely manner.
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.
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Facilities Management Department.
29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 10-5510, Exhibits A, B,
C, and D, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement,
and any related plans or specifications for any such Quotations or Work Orders.
30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
31. SUBJECT TO APPROPRIATION. 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.
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32. SALES TAX. 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.
33. IMMIGRATION LAW COMPLIANCE: 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.
34.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
35.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County 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
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. BroQk, Olerk of Courts
r f':J
By: I '. .fA OC ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. ~
Fred W. Coyle, Chairman
By:
Vanderbilt Bay Construction, Inc.
Contractor
~ure
..
Approved as to form and
,e9!:7FT2 J~
Scott Teach
Deputy County Attorney
Dan i ~/ .:f. li3uh ~
Typed Signature
fJr~~"denr;, Ie co
Title
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract NO.1 0-551 0
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_> with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OFTHIS BOND is that if PrinCipal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
Page -12-
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,as cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
20_, by _
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public,. State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -13-
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by ,as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -14-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 10-5510
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
20_, with Oblige for
day of
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications;
Page -15-
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
20_, by ,as
,a
He/She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by ,as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -17-
COUNTY OF COLLIER )
STATE OF FLORI DA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
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 $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated . ,
20_ for the period from to
(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, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 20_, by
cl ,a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -18-
EXHIBIT C
FORM OF CONTRACT APPLICATION FORPAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 10-5510
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
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;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
Page -19-
(Signature) DATE:
(Type Name and Title)
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
TO:
CONTRACT NO. 10-5510
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L-..) calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -20-
ACORDlU
Cllent#: 56667 VANBA4
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMJDDIYYVV)
9/29/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDE:R,
IMP : I Ihe oerU oate older san D T 0 AL INSURED, I e pOIlOy(JBS must endorse, f 5 BROGATION IS WAIVED, subject to
the terms and condlllons of the policy, certain policies may requIre an endorsement. A slatement on this certificate dOBS not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodletle Road North
Naples, FL 34103.3303
239261-3846
AID No : 239 435.0598
Vanderbilt Bay Construction, Inc.
2224 Trade Center Way
Naples, FL 34109.2019
INSURER S AFFORDING COVERAGE
INSURERAI Cincinnati Insurance Company
INSURER B; The Travelers Insurance Company
NAIC.
INSURED
INSURER 0 I
INSURER 0:
INSURER E :
INSURER F I
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT 111E POLICIES OF INsURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANOING ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 111E TEAMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
:~:;'R lYPE OF INSURAlICE POLICY IIUMBER OMBY ee~ :r9,1;m~~ LIMITS
INRI> WIlD M DNY
A GENERAL LIABILITY CAP5S91 055 ~ 0101/2010 10/01/2011 EACH OCCURRENCE $1,000,000
f---
I-- ~ERCIAL GENERA\. LIABILITY =~~S E.-;;.:;.;na""a' $500 000
f--- ClAIMS.MADE ~ OCCUR Men EXP (Any ona p.r.IDI1) $10,000
X PO Ded:3.000 PERSONAl & ADV INJURY $1,000,000
GENERAl AGGREGATE $2.000.000
~LAGO~nUMIT APnSIPEA: PRODllCTS - COMP/OP AGO $2.000.000
POLICY P,PRr LOC $
B AUTOMOBILE LIABILITY BA4715R64110SEL 0/01/2010 10/0112011 COMBINED SINGle LIMIT $1.000 000
----: (Ea acdcl.nl)
~ ANY AUTO -
eOotL Y INJURY (Par pBlSon) $
- AtL OWNED AUTOS BOOL Y INJURY (Pel acelden.) $
SCHEDULED Auros PROPERlY DAMAGE
X HIRED AUTOS (Per .cclclalllj $
-
X NON-OWNED AUTOS $
-
$
A - UMbRELLA LIA8 !xl ~R CAP5891 055 0/01/2010 10/01/2011 EACtI OCCURRENCE $5 000 000
EXCESS lIAD X ClAIMS.MADE AGGREGATE $5000000
I- DEDUCTlBLE $
X RETENTION S 0 ~I $
WORKERS COMPENSATION I~Tll.
AND EMPLOVERS' LIABILITY V IN
ANY PROPAIETORIPARTNER'EXECUTIVED NlA E.L. EACH ACCIDENT $
OFflCEIWEMBER EXcLUDED?
(M.nd.lol)' In Nil) E.L DISEASE.EAEMPlOYEE $
gm~~r8~~~ERATIOtJS ""'ow EL DISI'ASE . POlICY UMIT $
DESCRIPTION OF OPERATIONS {LOOATIONS IVEHICLES (AlIach ACORD 101, Addltlon.1 R8Il1.,ka Schedule, II mora Ip.oc.lala'lulred)
Re: Contract 1#10-5610 "Annual Contract for General Contractor Services"
Certificate Holder Is Named as an Addlllonallnsured on a primary basis as respects to General LIability
(See Attached DescrIptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of County
CommissIoners
3301 Tamlaml Trail East
Naplos, FL 34112
SHOUW ANY OF THE A80VI! DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPREseNTATIVE
/ffJ
A;
<tl1988.2009 ACORD CORPORATION. All rIghts reserved.
ACORD 26 (2009109) 1 of 2 Th8 ACORD namo and logo are registered marks of ACORD
I#S444084/M443979 NSA
DESCRIPTIONS (Continued from Page 1)
Only as naeded by contract, per form GA 233 02 07, Including Waiver of subrogation under General Liability
In favor of CertifIcate Holder.
.30 Days Notice of Cancellation except for non-payment
AMS 25.3 (2009/09) 2 of 2
HS444084~443979
~
ACORd CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
~ 8/31/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the tenns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER ~~~~~ISondra McCaskill
Lutgert Insurance - Naples WgNr-ro Ext': ?q_?'::;?_71 71 I FAX
PO Box 112500 iivc Nol:? q-?,::;? - <;.,::;n
Naples FL 34108 ~~D~~SS: smccaskill@lutaertinsurance.com
PRODUCER
CUSTOMER ID II:
INSURER{S) AFFORDING COVERAGE NAICII
INSURED INSURERA:Association Insurance Comnanv
Vanderbilt Bay Construction, Inc. INSURER B :
2224 Trade Center Way
Naples FL 34109 INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:1718172927
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE r&ag%~, r&gg%iMY,
LTR I POLICY NUMBER LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
I---
OMMERC"-L GENERAL LIABILITY ~~~~~~S lEa occurrence' $
I--- CLAIMS-MADE 0 OCCUR
I--- MED EXP (Anyone per&Jn) $
- PERSONAL &ADV INJURY $
- GENERAL AGGREGATE $
~'L AGGRn LIMIT APnS PER: PRODUCTS - COM PlOP AGG $
POLICY ~~WT LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
- (Ea acdden!)
- ANY AUTO
BODILY INJURY (Per pelSOn) $
- ALL OWNED AUTOS
BODILY INJURY (Per accident) $
- SCHEDULED AUTOS PROPERTY DAMAGE
HIRED AUTOS (Per accident) $
-
- NON-0WNED AUTOS $
$
UMBRELLA L1AB H OCCUR EACH OCCURRENCE $
-
EXCESS L1AB CLAIMS-MADE AGGREGATE $
- DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION WCV00256BB07 B/27/2010 B/27/2011 X I T~JTiiT.I.;!;.1 IOJb'-
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETORlPARTNERIEXECUTIVE 0 E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED7 N/A
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000
g~~~fpsrr8~ g'~~PERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
RE: Contract #10-5510
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Comissioners
Contractors Licensing-Purchasing Department
3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE
Naples FL 34112 ?!a~
I
ACORD 25 (2009/09)
@ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
....~"
FILE NO.:
If)
9f-C&€f-i(R~9FIYRe:
vOUNl Y ATTORNEY
laID OCT -, AM j: 58
t~
DO NOT WRITE ABOVE THIS L1~ J( ~ ~
~\;~ ~ t-~
~~'~
5)vtl I D
J v
/,'p/2C-- elt:2]
ITEM NO.:
ROUTED TO:
REQUEST FOR LEGAL SERVICES
Date:
September 28, 2010
To:
Office of the County Attorney
Scott R. Teach
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
k
Re: Contract: #10-5510 "Annual Contract for General Contractor Services"
Contractors: PBS Constructors
I Wright Construction
'l Vanderbilt Bay
Surety Construction
Bradanna
BACKGROUND OF REQUEST:
~
This Contract was approved by the BCC on September 28, 2010;
Agenda Item 16.E.12
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
j
C: Hank Jones, Facilities Mgmt.
MEMORANDUM
FROM:
Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract specialistc?t.. ./
Purchasing Department ..
\
September 28, 2010
TO:
DATE:
RE:
Review Insurance for Contract: #10-5510 "Annual Contract for
General Contractor Services"
Contractors: PBS Constructors
_ J Wright Construction
V Vanderbilt Bay
Surety Construction
Bradanna
This Contract was approved by the BCC on September 28, 2010; Agenda
Item 16.E.12
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
Mtr REtttVEO
SEP 2 9 2010
RISK MANAGEMENT
dod/LMW
C: Hank Jones, Facilities Mgmt.
RLS#_\(Jf'~i 'O\'1~3
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: ~ ~tJ hi \-\-- :C:WA ~uckn \ it
Entity name correct on contract? ~~ _No
Entity registered with FL Sec. of State? ~es No
Insurance ~
Insurance Certificate attached? es No
Insured registered in Florida? ~s No
Contract # &/or Project referenced on Certificate? s No
Certificate Holder name correct (BCC)? Yes No
Commercial General Liability . __ \. \ .
General Aggregate Required $ Provided $2m\\ \ Exp. Date ~\
Products/Compl/Op Required $ \ N"\ \ \ \ Provided $ , t I I Exp. Date
Personal & Advert Required $ Provided $ \ m \ \ \ Exp. Date ~ 1 I
Each Occurrence Required $ \ '("("\\ \ \ Provided $ II '( Exp. Date
FirelProp Damage Required $ Provided $ ~OO t Exp. Date
Automobile Liability
Bodily Inj & Prop Required $ ~O" ,Provided $ \ m, \ \ Exp Date ",1"""\ I \ I , \
Workers Compensation ~
Each accident Required $ ~. , Provided $ \ rn ~ \ \ Exp Date ~
Di"",e Agg<egate Requued $ ~~ ~".P 'P<ovided $ 7" '( Exp Date /" "
Disease Each Empl Required $ . Provided $ _. Exp Date
Umbrella Liability .
Each Occurrence Provided $ om I \ \ Exp Date ---1.DlJu
Aggregate Provided $ IT I , Exp Date r/ ~
Does Umbrella sufficiently cover any underinsured portion? Yes No
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
Provided $
Provided $
Exp. Date
Exp. Date
Required $
Provided $
Exp Date_
County required to be named as additional insured?
County named as additional insured?
~
7ZYes
No
No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
6
Yes
No
~
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Yes
No
Yes
Yes
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
No
No
No
No
Attachments
Are all required attachments included?
R";': l";';'s~i~ IIU
Date:
04-COA-OI030 22
mausen_g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Thursday, September 30,20102:10 PM
LynWood
JonesHank; mausen-9; HerreraSandra
Contract 10-5510 "Annual Contract for General Contractor Services"
All, I have approved the certificate(s) of insurance for the following vendors under contract 10-5510:
1. PBS Constructors
2. Wright Construction
3. Vanderbilt Bay V
4. Surety Construction
5. Bradanna
These contracts will now be forwarded to the county attorney's office for their review.
Thank you,
/l.a.g- Cah.t.eh.
Manager Risk Finance
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Office 239-252-8839
Mobile 239-821-9370
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
"'~..
FILE NO.:
If)
D~u;tf-i(~l;g)FIYRe:
GOUNl YATTORNEY
laID OCT -, AM 1: 58
,,/
DO NOT WRITE ABOVE THIS L1~ J( ~ ~
\VV ~ -& ~~
~~'~
5)vJ1D
} v
rj. '-1/)'7
/'pllC-- G /~J
ITEM NO.:
ROUTED TO:
REQUEST FOR LEGAL SERVICES
Date:
September 28,2010
To:
Office of the County Attorney
Scott R. Teach
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
~
Re: Contract: #10-5510 "Annual Contract for General Contractor Services"
Contractors: PBS Constructors
I Wright Construction
"l Vanderbilt Bay
Surety Construction
Bradanna
BACKGROUND OF REQUEST:
~
This Contract was approved by the BCC on September 28, 2010;
Agenda Item 16.E.12
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
j
C: Hank Jones, Facilities Mgmt.
\'vww.sunbiz.org - Department of State
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Florida Profit Corporation
VANDERBILT BAY CONSTRUCTION, INC.
Filing Information
/
Document Number K58820
FEIIEIN Number 65010335j
Date Filed 01/18/1989
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 09/11/2006
Event Effective Date NONE
Principal Address
2224 TRADE CENTER WAY
NAPLES FL 34109 US
Changed 01/07/2004
Mailing Address
2224 TRADE CENTER WAY
NAPLES FL 34109 US
Changed 01/07/2004
Registered Agent Name & Address
BUHS, DANIEL J.
2224 TRADE CENTER WAY
NAPLES FL 34109 US
Address Changed: 04/28/2008
Officer/Director Detail
Name & Address
Title P
BUHS, DANIEL J
2224 TRADE CENTER WAY
NAPLES FL 34109
Title VO
BUHS, TROY D
2224 TRADE CENTER WAY
NAPLES FL 34109
Title STVF
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=K58820&in... 8/24/2010
. Www.sunbiz.org - Department of State
Page 2 of2
SMITH, BRADL Y W
2224 TRADE CENTER WAY
NAPLES FL 34109 US
Title D
BUHS, DANIEL J
2224 TRADE CENTER WAY
NAPLES FL 34109 US
Annual Reports
Report Year Filed Date
2008 04/28/2008
2009 04/13/2009
2010 02/16/2010
Document Images
01/30/2006 -- ANNUAL REPORT
02/22/2005 -- ANNUAL REPORT
01/07/2004 -- ANNUAL REPORT
03/28/2003 -- ANNUAL REPORT
OS/21/2002 -- ANNUAL REPORT
03/15/2001 -- ANNUAL REPORT ..;
02/09/2000 -- ANNUAL REPORT
03/12/1999 -- ANNUAL REPORT
05/08/1998 -- ANNUAL REPORT
07/23/1997 -- AMENDMENT
05/13/1997 -- ANNUAL REPORT
04/19/1996 -- ANNUAL REPORT~:r;'f View imageinPDF format ..u I
04/18/1995 -- ANNUAL REPORT;~ View image in PDF format I
__TOO "'"'' ,''(7;::;&;':::' '\1- ::,},'::::t:::::.--:.--,::--- __",:_,:,,__,,:c_<, """ -----
View lip age ~n .PDF format
View image'inPDF format
,.'.'.:.'.:.' - - ___., -_"""" ,.,.,.,.,.,.,.,-___.,., :.,.".:.,::::':W-_'_
View image inPOF format. .
02/16/2010 -- ANNUAL REPORT
04/13/2009 -- ANNUAL REPORT
04/28/2008 - ANNUAL REPORT
01/30/2007 -- ANNUAL REPORT
09/11/2006 -- Amendment
05/18/2006 -- Amendment
Note: This is not official record. See documents if question or conflict.
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http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=K58820&in... 8/24/2010