Backup Documents 04/28/2009 Item #16D 5
16D5
MEMORANDUM
DA TE:
June I, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
RE:
Contract #09-5221 with Idyll Construction Inc.
to provide replacement homes to four households
damaged by Hurricane Wilma
Enclosed, you will find one original document, referenced above (Agenda
Item #16(5) approved by the Board of County Commissioners on
Tuesday, April 28, 2009.
The second original contract will be held in the Minutes and Records
Department as part of the Board's permanent record.
If you should have any questions, you may contact me at 252-8406.
Thank you.
Enclosures (I)
iTEM NO.: CYt-'V~- O\dOl-\
FILE NO.:
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.: 16 D 5
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
May 21,2009
S~I
S-1.-t-6(
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To:
Office of the County Attorney
Jeff Klatzkow
From:
Lyn M. Wood, C,P.M" Contract Specialist
Purchasing Department, Extension 2667
ck
Re: Contract: #09-5221 "Modular Homes for Housing and Human
Services"
Contractor: Idyll Construction, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on April 28, 2009, Agenda ~
Item 16.0.5
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: Tammy Hammer, Housing & Human Services
RLS # !JC(-~I2(* - tJ{~/)tf 16 D 5
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: :s 7:;)'1 LL ~ S T cd /..{ t!.. lUx) I / IV (2"
Entity name correct on contract?
Entity registered with FL Sec. of State?
/Yes
.-LYes
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/CompI/Op Required $
Personal & Advert Required $
Each Occurrence Required $ Z Ml L.
Fire/Prop Damage Required $
AutomObil~ei 'lity
Bodily Inj & Prop. equired $ 2. M. ( L-
Workers C pe sation
Each accident ~ Required $ f IV\. ( L
Disease Aggreg~ Required $
Disease Each Empl Required $
Umbrella Liability ~
Each Occurrence cf' . Provided $ '3 Ml L
Aggregate ~ "Provided $ \ l
Does Umbrella sufficiently cover any unaerinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
-"/Yes
~Yes
-\L- Yes
-L Yes
Provided $ Z, M l L.-
Provided $ II
Provided $ ~ I L,...
Provided $--L~
Provided $1iJ()Jl}o(J
Provided $ I 1'\1\ I L.
Provided $ !:>-W.OOI?
,
Provided $ t I
Provided $ I I
No
No
No
No
No
No
Exp. Date to 14f 0'1
Exp. Date ( I r
Exp. Date , ,
Exp. Date , i
Exp. Date ' ,
Exp Date 6! 4foq
Exp Date b/Lf/bC?
Exp Date ( l
l'
Exp Date I I
Exp Date b f L/ Jf)CI
I r
Exp Date l ,
~es
Provided $
Provided $
Required $
Provided $
County required to be named as additional insured?
County named as additional insured?
../" Yes
Yes
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
V"Yes
Yes
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signatllre 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?
t-'\ ~
~Yes
~es
~Yes
vYes
---I.L:. Yes
~Yes
~Yes
Attachments
Are all required attachments included?
~Yes
No
Exp. Date
Exp. Date
Exp Date_
No
No
No
~No
Yes
/No
Yes
Yes
No
No
No
No
No
No
_No
_No
No
ReVie~e~ Inilials: ~
Dale: f/2(/M
04-COA- ] 03 /222
16D5
MEMORANDUM
TO:
FROM:
Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract Specialist ~ _
Purchasing Department VV'
May 21,2009
DATE:
RE:
Review Insurance for Contract: #09-5221 "Modular Homes for
Housing and Human Services"
Contractor: Idyll Construction, Inc.
This Contract was approved by the BCC on April 28, 2009, Agenda Item
16.0.5
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.
dod/LMW
C: Tammy Hammer, Housing & Human Services
DATE RECEIVED
MAY 222009
RISK MANAGE NT
) Z--zjC1L1
16D5
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, May 22, 2009 4:01 PM
LynWood; DeLeonDiana
mausen_g; HammerTammy; collLm; ward_kelsey; walkerj
Contract 09-5221 "Modular Homes for Housing and Human Services"
Lyn, I have approved a revised Certificate of Insurance from Idyll Construction, Inc this afternoon for Contract 09-5221. I
did speak with their Insurance Producer Gulfshore Insurance concerning the expiration date of 6/9/09 which is within
the 30 day period in which "...renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date, I was assured that a new certificate would be forwarded as early as the end of next week.
I would like to revisit this wording for our contractual templates as this 30 day clause has created instances where
contracts are technically out of compliance inside of this 30 day window. It is commonplace that renewals are typically
given about one week from expiration. That said, I will not hold up the contract and will forward same to the County
Attorney's Office for their review.
Thank you,
Ray
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
1
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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
SU ITE 5
BONITA SPRINGS FL 34135 US
Changed 10/21/2002
Mailing Address
28731 S. CARGO COURT
SU ITE 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
http://www,sunbiz.org/scripts/cordet.exe?action=D ETF[L&in~ doc _ number= P9700004 245... 4/9/2009
www.sunbiz.org - Department of State
Page 2 of2
1277 BELAIRE COURT
NAPLES FL 34110
Title DIRE
RAUDENBUSH, MARK D
1277 BELAIRE COURT
NAPLES FL 34110
Annual Reports
16D5
Report Year Filed Date
2007 01/08/2007
2008 01/07/2008
2009 03/24/2009
Document Images
03/24/2009 = ANNUAL REPORT
01/07/Z008 ~~.ANNU/l-J,BEPQBI
01/08/2007 = ANNUAL REPORT
01/16/2006 = ANNUAL REPORT
11/22/2005-- Rw.._/l-gentCh~nge
02/QZI2QQp.=ANN U~U1EPO RI
02/24/2004:= ANNUAL REPORT
o1/2alZQo3.=ANN.UALREPQRT
View image in PDF format
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lQ/Z1J2QQ2=Amenc:Jrnent.~n.c:J.NClme...C.hCl.nge
lQL21l.ZQ02:=Beg~AgenLC hange
o;;LQ912QQ2=ANNUAlBEPQ.RT..
o11.:L9L20Ql-=ANNUAL REPORT
OS/211Zoo.0 -- ANNUAL REPORT
04/oaLJ~~9n AN..N_U/l-.1.REPQRI
QZ!.:LQl1it~8 -- ANNUAL REPORT
Q.RL1:YJ~~Z-- Domestic Profit Article:;;
I Note: This is not official record. See documents if question or conflict. I
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Copyright @ 2007 State of Florida, Department of State.
hrtp:l /www,sunbiz,org/scripts/cordet.exe?action=DETFIL&in~ doc _ number= P9700004245... 4/9/2009
A G R E E MEN T 09-5221
16D5
for
Modular Homes for HousinQ and Human Services
THIS AGREEMENT is made and entered into this 28th day of April, 2009, 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 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").
WIT N E SSE T H:
1. 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 April 27, 2010.
This contract shall have a one (1) year renewal. 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 four (4) modular homes in
accordance with the terms and conditions of Bid #09-5221 and the Contractor's proposal, which is
incorporated herein by reference and made an integral part of this Agreement. The Scope of
Work for set up of the modular homes is attached hereto as Exhibit B.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to Exhibit A, attached hereto and incorporated herein by reference. The modular home
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. 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, Florida 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
Page -1-
Postal Service Department, first class mail service, postage prepaid, addressed t!t~ fRo~ng
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.
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
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 seven (7) 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.
Page -2-
16D5
10. 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 $2,000,000, 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 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 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.
12. PAYMENTS. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit C as a condition
precedent to release of each progress payment.
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list 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
Page -3-
16D5
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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. 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 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.
16.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
Page -4-
Owner, and Owner shall not be liable to the Contractor for any increased lkeD.a?c.n
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 0 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.
17.COMPLlANCE 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.
18. 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.
19.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.
20. 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.
Page -5-
16D5
21.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.
22. 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.
23. 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.
24. 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.
25. 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
Page -6-
16D5
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 E,
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 C.
(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.
26. 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,
Page -7-
16D5
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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Housing and Human Services Department.
28. 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. 09-5221.
29.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.
30. 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.
31. 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.
32. 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.
33. 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.
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.
Page -8-
16D5
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;,"JrBdKC4wk of Courts
,:',,' . ','~.(,
B~ t.
~4~~j
Firs itness
~~ .'iu.. ......r
Type/Pri t Witness Name
~tJUL--
Second Witness
.~C>~ K K~~a~
Type/Print Witness Name
Approved as to form and
l~ffiCienc~
~#- gL/te~~L
l'\.~County Attorney
u..!'t' ....,."
St..cf} 1i2 -;;A~k
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER /ftUNTY. FLORI~A _,
^f~~' d;~,
By: .
Donna Fiala, Chairman
Idyll Construction, Inc.
Contractor
Bo//7~
Signature
Mark D, Raudenbush
Typed Signature
President
Title
Page -9-
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16D5
EXHIBIT B
SCOPE OF WORK FOR SET UP OF MODULAR HOMES
Set Modular Home on site Constructed Concrete Block Stem Wall. (Stem Wall will be constructed by
Procured Site Contractor) Construction Crane will be on site and will be part of the Site Contractors
Bid Specification. All equipment provided by the General Contractor for the home positioning and set
shall be equipped so as not to damage the Modular Home during delivery or installation. Set crew
shall remove transportation covering and close in materials from marriage wall and roof, inspect foam
gasket around marriage wall, remove lag bolts from carrier, open roof system from traveling position
and fasten truss kneewall to ridge. This set shall include joining together modular home sections
including porches where applicable, furnish all necessary screws, lags, and straps, connect the
Modular Home to the foundation as required by local and state code, fold down hinged overhangs
soffits, install ridge vent and any shingles to complete the roof, perform necessary roof cuts and
extend plumbing vent pipes; HVAC intake and exhaust as required; roof vents or any other required
roof penetrations to complete mechanical applications and any other structural modifications
necessary within and about the Modular Home. When roof penetrations are complete,
weatherproofing of the roof is required. Must level floors, check all interior and exterior door openings
for alignment and squareness, complete electrical between modules, complete plumbing cross over
between modules. Must complete OSB/Plywood installation on exterior walls and gable ends and
finish all exterior hardie board siding and trim and perform all strapping on the home as required by
code. Will complete installation of drywall, mud, tape, texture and prim/paint drywall, install and
prime/paint interior doors, door casings and base molding not installed in factory, and all other interior
trim not installed at the factory.
Page-11-
16D5
EXHIBIT C
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.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
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 as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
Page -12-
16D5
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -13-
."
16D5
EXHIBIT 0
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 09-5221
TO:
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: $
($
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 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 -14-
.16 D 5
EXHIBIT E
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
Page -15-
CONTRACTOR accepts this Certificate of Final Completion on
20_
1605
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20_
OWNER
By:
Type Name and Title
Page -16-
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIVYVY)
OS/22/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4100 Goodlette Road North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Amerisure Insurance Company
Idyll Construction, Inc INSURER B:
28731 South Cargo Ct. INSURER C:
Bonita Springs, FL 34135 INSURER D:
INSURER E:
Client#. 63965
IDYCO
16D5
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR NSR TYPE OF INSURANCE POLICY NUMBER PJlt~~~ri~r~8,w\E Pg~fl (i,X,L~~N LIMITS
A ~NERAL LIABILITY GL2054476000000 06/04/08 06/04/09 EACH OCCURRENCE $1 000000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $10 000
- PERSONAL & ADV INJURY $1 000000
- GENERAL AGGREGATE $2 000 000
~'L AGGREnE LIMIT APAS PER: PRODUCTS - COMP/OP AGG $2 000 000
PRO-
POLICY JECT LOC
A ~TOMOBILE LIABILITY CA20544740001 06/04/08 06/04/09 COMBINED SINGLE LIMIT
lL ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
lL HIRED AUTOS BODILY INJURY
$
lL NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
=rAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~ESS/UMBRELLA LIABILITY CU205447700 06/04/08 06/04/09 EACH OCCURRENCE $3.000 000
X OCCUR D CLAIMS MADE AGGREGATE $3.000 000
$
~ DEDUCTIBLE $
X RETENTION $0 $
A WORKERS COMPENSATION AND WC205447800 06/04/08 06/04/09 X I T~~J;r~~~~ I IOJ~-
EMPLOYERS' LIABILITY s500.000
ANY PROPRIETORJPARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE 5500.000
If yes, describe under 5500,000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*30 days cancellation notice, except 10 days for non-payment.
Contract #09-5221
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
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Board of County DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Commissioners Naples, FL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
2800 N Horseshoe Dr IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34104 REPRESENTATIVES.
A~.:::rR&
ACORD 25 (2001/08) 1 of 3
#S355815/M352908
ERL
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001108) 2 of 3
#S355815/M352908
DESCRiPtiONS (Contil1ued from Page 1 )
4803 04. (Contractor's Blanket Additional Insured Endorsement), Excess
liability is above primary policies,
AMS 25.3 (2001/08)
3 of3
#S355815/M352908
".^...."'".,,,._,,,,..~........'...._---_& .. - ~-
16D5
.... ,.......~
THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies 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 II. WHO IS AN INSURED Is amended to include as an insured ,any person or orgai1l~tion. 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 ~amed 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", .personallnjury",
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.
l
3. If the additional inst.red 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.
(e) A limited liability company, members and managers are also additional insureds.
(d) An organi~tion 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-Iimlted 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 wor~" coverage (or wording to the same effect) In which case
the coverage provided shall extend to "your work" for that addltlonallnsured.
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., ~003
Page 1 of2
CG 70 48 03 04
16D5
(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 perfonning
operatlons 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 polley, and the written contract or agreement or certificate of Insurance requires that the additional
insured status also apply to such Umbrella policy, the Umlts of Insurance appllcable to the additional Insured
under this policy shall be those specified In the Declaratlons of this polley. 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 addiUonal 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 polley.
4. Any person or organization who is an Insured under the terms of this endorsement and who is also an insured
under the terms ofthe 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.
5, If a written contract or agreement or a certificate of insurance as outlined above requires that additlonallnsured
status be provided by the use of CG 20 10 11 85, thEm 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 servlces 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. inspecllon, 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 contrlbutton 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
CG 70 4B 03 04
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