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Backup Documents 09/14/2010 Item #16D 8MEMORANDUM Date: March 1, 2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Contract #10 -5533 "Modular Homes" Contractor: Idyll Construction, Inc. Attached one Original of the Contract, referenced above (Item #16D8) approved by the Board of County Commissioners on September 14, 2010. One original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -7240. Thank you. ITEM NO.: FILE NO.: M� O ROUTED TO: DO NOT WRITE ABOVE THIS LINE 160 8 r DATE`, RECEIVE?: REQUEST FOR LEGAL SERVICES Date: 1 � To: Office of the County Attorney From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5533 "Modular Homes" Contractor: Idyll Construction, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 14, 2010; Agenda Item 16.D.8 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. C: Frank Ramsey, HHS V �%, `k 2V L zl�� RLS # I JFW in CHECKLIST FOR REVIEWING CONTRACTS Entity Name: i ! Entity name correct on contract? V No Entity registered with FL Sec. of State? _Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # & /or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required $S Personal & Advert Required $ Each Occurrence Required $ `M1 Fire /Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $AmXM Workers Compensation Each accident Required $ Disease Aggregate Required Disease Each Empl Required $ Umbrella Liability Yes No es No es No Yes No Provided $ gym, ll Provided $ '( ' ' Provided $ 1 MA k Provided $ •t ' ' Provided $ \4— Provided $ Exp. Date Exp. Date Exp. Date 4 Exp. Date Exp. Date Exp, Date �{ Provided $ Exp Date —C Li • Provided $ Exp Date Provided $ 11 Exp Date ` t Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $_ Per Aggregate Required $ Provided $ Other Insurance Each Occur Type: Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? 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? Attachments Are all required attachments included? Exp Date 7 Exp ate �' Yes Nl Exp. Date Exp. Date Provided $ Exp Date s No Yes No /Yes 0 Yes Zo Yes No Yes No Yes No xe No No No No No No No 1/ No I�J Reviewer Initials: Date: 04-CO 2 16D s `I MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department f 7 6. -a l/ za i l (Ar DATE: September 4, -2610 RE: Review Insurance for Contract: #10 -5533 "Modular Homes" Contractor: Idyll Construction, Inc. This Contract was approved by the BCC on September 14, 2010; Agenda Item 16.D.8 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, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Frank Ramsey, HHS DATE MINIM FEB 2 3 2011 t�SK MMM�E!lENT q �ti� MausenGeorgina From: CarterRaymond Sent: Wednesday, February 23, 2011 2:43 PM To: WoodLyn Cc: RamseyFrank; DeLeonDiana; MausenGeorgina; HerreraSandra Subject: Contract 10 -5533 "Modular Homes" 16D 8 All, Risk has approved the insurance provided by Idyll Construction, Inc. for contract 10 -5533. The contract will now be forwarded to the county attorney's office for their review. Thank you, fi.ri.c m Manager Risk Finance Collier County Board of County Commissioners 3311 East Tamiami Trail, Bldg D Naples, FL 34112 Office 239 - 252 -8839 Personal 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 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Profit Corporation/ IDYLL CONSTRUCTION, INC. Filing Information Document Number P97000042457 FEI /EIN Number 650758015 Date Filed 05/13/1997 State FL Status ACTIVE Last Event AMENDMENT AND NAME CHANGE Event Date Filed 10/21/2002 Event Effective Date NONE Principal Address 28731 S. CARGO COURT SUITE 5 BONITA SPRINGS FL 34135 US Changed 10/21/2002 Mailing Address 28731 S. CARGO COURT SUITE 5 BONITA SPRINGS FL 34135 US Changed 10/21/2002 Registered Agent Name & Address PAULICH, SLACK & WOLFF, PA 5147 CASTELLO DRIVE NAPLES FL 34103 US Name Changed: 01/16/2006 Address Changed: 11/22/2005 Officer /Director Detail Name & Address Title PRES RAUDENBUSH, MARK D 1277 BELAIRE COURT NAPLES FL 34110 Title TREA RAUDENBUSH, MARK D Page 1 of 2 1011*1 16D 8 Document Searches Forms Help Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P9700004245... 7/8/2010 www.sunbiz.org - Department of State 1277 BELAIRE COURT NAPLES FL 34110 Title DIRE RAUDENBUSH, MARK D 1277 BELAIRE COURT NAPLES FL 34110 Annual Reports Report Year Filed Date 2008 01/07/2008 2009 03/24/2009 2010 02/22/2010 Document Imaaes 02/2212010 -- ANNUAL REPORT 03/24/2009 -- ANNUAL REPORT 01/07/2008 -- ANNUAL REPORT 01/08/2007 -- ANNUAL REPORT 01/16/2006 --ANNUAL REPORT 11/22/2005 — Req. Agent Change 02/07/2005 -- ANNUAL REPORT 02/24/2004 -- ANNUAL REPORT 04/28/2003 — ANNUAL REPORT View ima a in PDF format 10/21/2002 — Amendment and Name Change I View ima a in PDF format 10/21/2002 — Req. Agent Change View Finage,in PDF format 05/09/2002 -- ANNUAL REPORT View ima a in PDF format 01/19/2001 —ANNUAL REPORT µ V[ew,[rrtage in,PDF format,,,, 05/24/2000 -- ANNUAL REPORT 04/08/1999 -- ANNUAL REPORT 07/10/1998 —ANNUAL REPORT 05/13/1997 -- Domestic Profit Articles View ima a in PDF armat View ima a in PDF forma #. . Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events Name History I Horne I Contact us I Document Searches I E- Filinq Services I Forms I Help I Coovright© and Privacy Policies State of Florida, Department of State Page 2 of 2 •I • Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P9700004245... 7/8/2010 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Profit Corporation IDYLL CONSTRUCTION, INC. Filing Information Document Number P97000042457 FEUEIN Number 650758015 Date Filed 05/13/1997 State Fl- Status ACTIVE Last Event AMENDMENT AND NAME CHANGE Event Date Filed 10/21/2002 Event Effective Date NONE Principal Address 28731 S. CARGO COURT SUITE 5 BONITA SPRINGS FL 34135 US Changed 10/21/2002 Mailing Address 28731 S. CARGO COURT SUITE 5 BONITA SPRINGS FL 34135 US Changed 10/21/2002 Registered Agent Name & Address PAULICH, SLACK & WOLFF, PA 5147 CASTELLO DRIVE NAPLES FL 34103 US Name Changed: 01/16/2006 Address Changed: 11/22/2005 Officer /Director Detail Name & Address Title PRES RAUDENBUSH, MARK D 1277 BELAIRE COURT NAPLES FL 34110 Title TREA RAUDENBUSH, MARK D Document Searches Page 1 of 2 160 8 Forms Help Entity Name Search Submit http: / /www. sunbiz.orglscriptslcordet.exe? action= DETFIL &inl_doc_ number= P970000424... 2/25/2011 www.sunbiz.org - Department of State Page 2 of 2 16D 8 1277 BELAIRE COURT NAPLES FL 34110 Title DIRE RAUDENBUSH, MARK D 1277 BELAIRE COURT NAPLES FL 34110 Annual Reports Report Year Filed Date 2008 01/07/2008 2009 03/24/2009 2010 02/22/2010 Document Images 02/22/2010 -- ANNUAL REPORT View image in PDF format I 03/24/2009 -- ANNUAL REPORT View image in PDF format I 01107/2008 --ANNUAL REPORT View image in PDF format 01 /08/2007 -- ANNUAL REPORT View image in PDF format 01/16/2006 -- ANNUAL REPORT View image in PDF format I 11/22/2005 -- Reg. Agent Change View image in PDF format I 02/07/2005 -- ANNUAL REPORT View image in PDF format 02/24/2004 -- ANNUAL REPORT View image in PDF format 04/28/2003 -- ANNUAL REPORT View image in PDF format I 10/21/2002 -- Amendment and Name Change View image in PDF format 10/21/2002 -- Reg. Agent Change View image in PDF format 05/09/2002 -- ANNUAL REPORT View image in PDF format 01/19/2001 --ANNUAL REPORT View image in PDF format 05/24/2000 -- ANNUAL REPORT View image in PDF format 04/08/1999 -- ANNUAL REPORT View image in PDF format I 07/10/1998 -- ANNUAL REPORT View image in PDF format ' 05/13/1997 -- Domestic Profit Articles View image in PDF format I Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List jEntity Name Search Events Name History Submit Home I Contact us I Document Searches I E- Filing Services I Forms I Help Copvriqht© and Privacy Policies State of Florida, Department of State http: / /www.sunbiz.org /scripts /cordet.exe? action= DETFIL &inq_doc_ number= P970000424... 2/25/2011 • A G R E E M E N T 10-5533 for Modular Homes THIS AGREEMENT is made and entered into this 1,4t x day of _ S 2010, by and between the Board of County Commissioners for Collier County, Flondr, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Idyll Construction, Inc., authorized to do business in the State of Florida, whose business address is 28731 S. Cargo Court, Suite 5, Bonita Springs, Florida 34135 (hereinafter referred to as the "Contractor "). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of award by the Collier County Board of County Commissioners and terminating on September 13, 2011. This contract shall have a three (3) one (1) year renewals. 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 one (1) firm to be qualified_ and awarded a Contract to that firm. The awardee will enter into an Agreement to provide complete services for supplying, delivering and setting up modular homes in accordance with the terms and conditions of Bid #10 -5533 and the Contractor's proposal, both of which are incorporated herein by reference and made an integral part of this Agreement. 3. THE CONTRACT SUM: For each purchase of one or more modular home(s), hereinafter "Project ", the Owner shall pay the Contractor for the performance of the Work based on a detailed quote describing all the work, and associated costs with supplying, delivering, installing and setting up the modular home after discussions with the County Project Manager. The modular home(s) purchase will be invoiced upon delivery, and the delivery and set up charge will be invoiced upon receipt of a Certificate of Occupancy. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act ". 4. PERFORMANCE BOND: Contractor shall provide a Performance Bond, in the form prescribed in Exhibit D, in the amount of 100% of the Contract Amount when each project is in excess of one hundred thousand dollars ($100,000.00), the costs of which are to be paid by Contractor. The Performance Bond 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 www .fms.treas.gov /c570 /c570.html #certified. 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. 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. 5. 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: Mark D. Raudenbush, President Idyll Construction, Inc. 28731 S. Cargo Court, Suite 5 Bonita Springs, FL 34135 Telephone: 239 - 947 -7030 Fax: 239 - 948 -6517 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 Telephone: 239 - 252 -8371 Fax: 239- 252 -6584 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. 6. 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. 7. 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 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. 4 . i • .J 8. 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. 9. 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 immediately 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. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 $1,000,000, 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 $1,000,000 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 County thirty (30) 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 that he is required to meet. The same Contractor shall insurance meeting the required insurance provisions. 3 the same insurance requirements provide County with certificates of 16D 8 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 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. 13. PAYMENTS. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit A as a condition precedent to release of each progress payment. 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 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. 4 7-61 •1 • B. 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. 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 B 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. 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 5 qjD 16D s 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. 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 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. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. Contractor shall also provide an extended warranty for years two (2) through seven (7), and an - - - - optional extended warranty for years eight (8) through ten (10). 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. 6 1 �J 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. 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 therefore. 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 punchlist. 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 issue a Certificate of Final Completion, Exhibit C, 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 Exhibit A. (2) Consent of Surety (if applicable) to final payment. (3) Certificate of Occupancy 7 16D 8 (4) 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. 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 Notice to Proceed for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Letter of Substantial Completion 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 Housing and Human Services 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, and Bid No. 10 -5533. 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. 8 AA-1 16D g 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. 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. 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. 35.OFFER 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. 36 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. D 160 8 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 .A�6 of Courts By: l l I ZP- irst 'W Y` ess 1 �11J T /Print W tnes�Name Sec ` d Witness Type / Print Witness Name s as to forniand County Attorney _ maw BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Fred W. Coyle, Chairman Idyll Construction, Inc. Contractor Si nature Mark D. Raudenbush Typed Signature 10 President Title Client#: 63965 IDYCO 16D g ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) TYPE OF INSURANCE 02/22/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road North Naples, FL 34103 -3303 NAME: Sandra Hebert A N Ezt ; 239 261 -5162 aC, No): 239 213 -7711 SS: shebert@gulfshoreinsurance.com ADDRESS: GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY - CLAIMS-MADE. FRI OCCUR 239 261 -3646 CUSTOMER ID #: GL2054476020010 - - - __ -- 6104/2010 _ - - 06/04/2011 _...- - INSURER(S) AFFORDING COVERAGE NAIC # INSURED Idyll Construction, Inc. INSURER A: Amerisure Insurance Company .MED EXI (Any one person) $10,000 PERSONAL & ADV INJURY 28731 South Cargo Ct., Ste 4 Bonita Springs, FL 34135 INSURER B: INSURER C: $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOG PRODUCTS - COMP/OP AGG $2,000,00 INSURER D: $ INSURER E: AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS INSURER F: CA20544740201 COVERAGES CERTIFICATE NUMBER: REVISION NLIMRFR- 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. IN R TYPE OF INSURANCE ADDLSUBR NS POLICY NUMBER EPOLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY - CLAIMS-MADE. FRI OCCUR GL2054476020010 - - - __ -- 6104/2010 _ - - 06/04/2011 _...- - EACH OCCURRENCE $1,000,000 PREMISES Ea occurrence) $300,000 .MED EXI (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOG PRODUCTS - COMP/OP AGG $2,000,00 $ A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA20544740201 6/04/2010 06/04/2011 COMBINED SINGLE LIMIT (Ea accident) $1 000000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident) $ X $ 1 A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE CU2075041 2/18/2011 06104/2011 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DEDUCTIBLE RETENTION 0 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PRR/MEMBERPARTNE /E ECUTIVEF OFFICER (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC205447802 6/04/2010 06/04/2011 X WC STATU- OTH- FIR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Contract #10 -5$33 Certificate Holder is Named as Additional Insured on a primary basis as respects to General Liability Only as needed by contract, per form CG 70 48 03 04. (Contractor's Blanket Additional Insured Endorsement). Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Tamiami Trail East Naples, FL 34112 1 AUTHORIZED REPRESENTATIVE 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S467800/M467799 SJ H AMS 25.3 (2009/09) 2 of 2 #S4677721M444222 16D :8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION 11- WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured in this endorsement: 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. Who is named as an additional insured under this policy on a certificate of insurance. However, the written contract, agreement or certificate of insurance must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage", "personal injury", or "advertising injury" giving rise to a claim under this policy. If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. .. 3. If the additional insured is: (a) An individual, their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case the coverage provided shall extend to "your work" for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring after: (1) All work including materials, parts or equipment furnished in connection with such work on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2003 CG 70 48 03 04 Page 1 of 2 16D 8 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall have the benefit of the terms of this endorsement if the terms of this endorsement are broader. S. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies - insurance provided under the following: - - - - - COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 20 10 11 85 The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", "personal injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract, agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2003 Page 2 of 2 CG 70 48 03 04 L 021W616 EXHIBIT A RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ 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. I" ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President The foregoing instrument was acknowledged before me this day of , 20_, by , as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced My Commission Expires: (AFFIX OFFICIAL SEAL) as identification and did (did not) take an oath. NAME: 11 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT B CHANGE ORDER CHANGE ORDER NO. TO DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated , 20 CONTRACT NO BCC Date: Agenda Item: _ 10 -5533 16D g 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 $ write out in words Original Agreement Amount $. 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 ( ) 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: 120 CONTRACTOR: IDYLL CONSTRUCTION, INC. By: Mark D. Raudenbush, President By: OWNER: BOARD OF COUNTY OMMISSIONERS OF COLLIER COUNTY, FLORIDA type name, Project Manager DEPARTMENT DIRECTOR By: type name DIVISION ADMINISTRATOR By: type name 12 DESIGN PROFESSIONAL: JIM type name By: 13 CONTRACT SPECIALIST type name 16D g 16D g EXHIBIT C CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. 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 14 16D g CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title 15 EXHIBIT D PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE as Modular Homes PRESENTS: That Principal, and as Bond No. Contract No. 10 -5533 Surety, located Address) are held and firmly bound to as Obligee in the sum 16u g at (Business 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 2010, with Obligee d ay of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. EV 16D g IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2010, 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: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL NAME: ITS: The foregoing instrument was acknowledged before me this day of 2010, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 17 ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 16D The foregoing instrument was acknowledged before me this day of , 2010, by as of ,a 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page -18- 0