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Backup Documents 07/28/2009 Item #16F 2 16F2 MEMORANDUM Date: August 21, 2009 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5235: "Lake Banks Geotextile Tube Installation" Contractor: Erosion Restoration, LLC Attached please find one (1) original contract, as referenced above, (Agenda Item #16F2), approved by the Board of County Commissioners on Tuesday, July 28, 2009. An original is being kept in the Minutes and Records Department for part of the Board's original record. If you should have any questions, please contact me at 252-8406. Thank you. Attachment ITEM NO.: ~SUb~. ~ FILE NO.: ~. ,- r , . . ',: '., \j ROUTED TO: '-- DO NOT WRITE ABOVE THIS E ~ \..,>J REQUEST FOR LEGAL SERVICES ~~ ~) 2DI ~ Date: August 14, 2009 jy To: Office of the County Attorney Attention: Jeff Klatzkow Cb \\ c., ~~ From: Dianna Perryman., Contract Specialist tb\'V,\o~ Purchasing Department, Extension 4270 J C\C- Re: Contract: #09-5235 "Lake Banks Geotextile Tube Installation" ~--eW Contractor: Erosion Restoration, LLC eX ~\~ BACKGROUND OF REQUEST: This Contract was approved by the BCC on July 28, 2009; 7m 'Z- ~ 16.F.2 .. ~ This item has been submitted. Ite -012 0- 5:) ACTION REQUESTED: X Contract review and approval. · ~ OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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: Kyle Lukasz, Pelican Bay Services '"'-'''"--''''' '''''''''''''''''"'''''" _~_iJ\i ~. R ....'~_.~_.,--."_".._""'_....."'-. '-"'---""--,-".-..- 16 F 2 -.,.. MEMORANDUM TO: Ray Carter ~y Risk Management Department . , ~ - ' FROM: Dianna Perryman, Contract Specialist ___~ or-' y{' /'" Purchasing Department . ',- j2 "tY DATE: August 14,2009 RE: Review of Insurance for Contract: 09-5235 "Lake Banks Geotextile Tube Installation" Contractor: Erosion Restoration, LLC This Contract was approved by the BCC on July 28, 2009; Agenda Item 16.F.2 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 4270. dod/OP C: Kyle Lukasz, Pelican Bay Services H..,"~~"_ --..-- II ...,-..,,,- ~~ .. .. 16F21 mausen_g From: Raym ondCarter Sent: Tuesday, August 18, 2009 2:43 PM To: perryman_d Cc: DeLeonDiana; lukasz_k; mausen_g Subject: Contract 09-5235 Lake Sanks Seoteztile Tube Installation All, I have approved the Certificate of Insurance provided by Erosion Restoration, LLC for Contract 09-5235 which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Cah.t.eh. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 . _. '"M ~ - "...,.,_. ,......,.'._""," _...,-~.,,,.. wWw.sunbiz.org - Department of State 16aF 12~ Home Contact Us E-Filing Services Document Searches Forms Help Previous~J:lJ,,,!~t Nextpn List Return TO.L..i~t IEntity Name Search No Events No Name History Submit I Detail by Entity Name Florida Limited Liability Company EROSION RESTORATION, LLC Filing Information Document Number L02000019882 FEIIEIN Number 030479268 Date Filed 08/05/2002 State FL Status ACTIVE Principal Address 2200 SW 14TH STREET FORT LAUDERDALE FL 33312 Changed 03/22/2007 Mailing Address 2200 SW 14TH STREET FORT LAUDERDALE FL 33312 Changed 03/22/2007 Registered Agent Name & Address VAN DEN BERG, ANDRE 5715 BAYBERRY LANE TAMARAC FL 33319 US Name Changed: 01/14/2009 Address Changed: 01/14/2009 Manager/Member Detail Name & Address Title D VAN DEN BERG, SAUER 6520 E TROPICAL WAY PLANTATION FL 33317 Title D VAN DEN BERG, ANDRE 5715 BAYBERRY LANE TAM ARC FL 33319 Annual Reports Report Year Filed Date http:1 Iwww.sunbiz.org/scripts/cordet.cxe?action=DETFIL&inCL_ doc _numbcr= L020000 198... 8/14/2009 .."-,_.,~ -.......-. -""..~-........,--- . --,~--'-''''-^-''''''''>-''-~-- -..... .......' ~---"".~~_.- WWw.sunbiz.org - Department of State 16 F lagf 2 of 2 2007 03/22/2007 2008 01/08/2008 2009 01/14/2009 Document Images Q1/14!20Q9 =ANl'lJJ-.8LRE:POEI View imaM in PDfJorm.a~ I Qj!OJl12008 -- ANNJ..J6LRJ::F'ORI View image in pDFJormat I Q4/25/2QQ7::~_Off!O i rRe$ignation View illlag~jn pDFformat I Q~22!2007 ::::_6NNU6LBEP_QR_I View image ilJ PDFJormat I 03/13/2006 ::::.ANNUALBE:pQRI View image in pDFformat I 02/28/2005 ::.ANNUAL REPORT View image in POF format I 03/03/2004 =-ANNUAL REPORT VieW image inPDFformat I 02/2aJ2Q0:3=_LLC-AN NREp/U N I F Q8MJ~lJS .R.E:P View im~g('! ilJ PDFform()t I 08/05/2002 =-FlorilliLlJ.mi!ec:tLiaQWte$ View image in PDF format I Note: This is not official record. See documents if question or conflict. Previous on List 1II~~t()n LJ!lt R~ty[l'"1 To I."il:;t IEntity Name Search No Events No Name History Submit I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies COPYright @ 2007 State of Florida, Department of Sldle. http:/ Iwww.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc _ number= L020000 198... 8/14/2009 .,,'....--- .... '" -.",.-'-- , ....---........-..,..... --...,.-.-. A G R E E MEN T 09-5235 16 F 2~ for "lake Banks Geotextile Tube Installation" THIS CONTRACT is made and entered into this 28 day of July, 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") and Erosion Restoration, LLC., authorized to do business in the State of Florida, whose business address is 2200 SW 14th Street, Ft. Lauderdale, FL 33312 (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 July 28, 2009, and terminating July 27, 2010, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Contract period have been completed. This Contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Contract under all of the terms and conditions contained in this Contract 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 Contract term not less than ten (10) days prior to the end of the Contract term then in effect. 2. STATEMENT OF WORK: The Contractor shall furnish and deliver Lake Banks Geotextile Tube Installation, in accordance with the terms and conditions of BID # 09-5235 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Contract. The execution of this Contract shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Contract governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for County pursuant to this Contract and that procedure during the term and any extension of the term of this Contract. Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. The County shall negotiate favorable project terms and conditions, and issue a numbered Purchase Order. In each Request for Quotation, the County reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this Contract provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Contract 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 Page -1- .._-- - ~- "K''''''' P"'l>'" -- .""...., -.....--..,-"".-- . "."""..~,,- .., ""---- States Postal Service Department, first class mail service, postage prepaid, addl~ft2' following Contractor's address of record: Erosion Restoration, LLC Andre Van Den Berg 2200 SW 14th Street Fort Lauderdale, Florida 33312 (954) 327-3300 (954) 327-8242 All notices required or made pursuant to this Contract to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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 Contract 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. County 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 Page -2- . "_..-.---- -- 16F2~'j 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 Contract, the County may terminate said Contract for cause; further the County may terminate this Contract for convenience with a seven (7) 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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Reauirements: 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 Contract. 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. 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 Contract. This indemnification obligation shall not be construed to negate, Page -3- ~_v. ..... -.., "_",.YO.,.... ""'..... -^-_...- 16F 2 1 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. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by County, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the County's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 15. PAYMENTS WITHHELD. County 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 County may nullify the whole or any part of any approval for payment previously issued and County may withhold any payments otherwise due Contractor under this Contract or any other Contract between County and Contractor, to such extent as may be necessary in the County'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, County may, after three (3) days written notice, rectify the same at Contractor's expense. County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to County, whether relating to or arising out of this Contract or any other Contract between Contractor and County. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by County in advance. Page -4- ,~ ---. -~~,' . -.--.." ".- 17. CONTRACT TIME AND TIME EXTENSIONS. 16F 2 :i A. Time is of the essence in the performance of any Work under this Contract 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 County'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 County 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 County 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 County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against County 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. 18. CHANGES IN THE WORK. County 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 County, and County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of County 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 Purchase Order Modification shall be issued and executed promptly after an Contract is reached between Contractor and County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase Order Modifications. The Contract Amount and Contract Time shall be adjusted in the Purchase Order Modification in the manner as County and Contractor shall mutually agree. 19. 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 County in writing. Page -5- -'- ~'",.~'.'.'" .....-.'" , ----- 16F 2 20.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 County. 21.ASSIGNMENT. Contractor shall not assign this Contract or any part thereof, without the prior consent in writing of County. If Contractor does, with approval, assign this Contract 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 County. \ 22. WARRANTY. Contractor shall obtain and assign to County 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 County 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 County 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 County. 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 County is entitled as a matter of law. 23.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. 24. 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 County 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 County. 25. PROTECTION OF WORK. Page -6- .- ~"""-'.' ,-~'..~~-,," -~.. . A. Contractor shall fully protect the Work from loss or damage and shall belr ~J:,2 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 County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by County associated therewith. 26. 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Purchase Order Modification shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf of the County by the Pelican Bay Services Division. 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 Contract as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, BID 09-5235, any addenda, any Quotation/Purchase Order made or issued pursuant to this Contract, and any related plans or specifications for any such Quotations or Purchase Orders. 29. and 30. Sections deliberately left blank. 31.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. Page -7- ~~"'...,....,..~.- ..... or --... ">>""'"_'_"""'__'~'-__"";"_""~"""""_'I'_"Jll'" _I ~.',".~,,_.< .--'-',.''''--- 16F 2 32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Contract is subject to appropriation by the Board of County Commissioners. 33. 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this Contract, 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 Contract and the County shall have the discretion to unilaterally terminate this Contract immediately. 35. VENUE: Any suit or action brought by either party to this Contract against the other party relating to or arising out of this Contract 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. 36.0FFER 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. 37. CONTRACT TERMS: If any portion of this Contract is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Contract shall remain in effect. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: . ,. COLLIER ~TY. FLORIDA DWi9h. t..:~.., '~.'.'..:.Ck.C1.'/'. <ll~.o. f Courts __! ~ BY:~ ~_(){.. By ~ .,:tl& .q _'i~I~' ..': Donna Fiala, Chairman Dated., 0 ~...' " Item# l~ atl" Ii.)......... , tt..~lW .. .,. ,.. ~sion Restoration. LLC By: ~ F~ness / Signature iJ Ifz.G:t4M/eA f i3tYNtC 4>VM( //AI" (l'uJ 0&<rf Type/Print Witness Name Typed Signature Page -8- ~~ 16F 2 ..~ jJ <..'1. crHt . econd Wi- Title :Jllll Ct 1< ' k\..-ti '- Type/Print Witness Name Approved as to form and Legal sufficiency: Assismn~2!,n~ C;;1:J ~'-' <V I Fe. >l.. e. w..J I '-[ Page -9- '.---".-'- '1 EXHIBIT A 16F 2 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at _ (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 200_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- 16F 2 , Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 200_, 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) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- ",- '"'._,.--....",. . lil ..'" 16F 2 , As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200 _' by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- ,-. . - '._....m.__.._ -- 16F2 -1 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- ~ ~ .......AA~,..... . This instrument shall be construed in all respects as a common law bond. It is exJe9y (n.z.tood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_. 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) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- 'l ,,_ . ATTEST: SURETY: It> F 2 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- .- - ,~- ....,~~-~"" ~ "lI ~~,,_._~ :;:DM : FAX i'U. : 5614881487 Aug. 17 2009 11: lP f 2 ~:;;be _ __CERTlFICATE~F LIABILlTY.JI~SURANC~ J DA~~'I:o":"''-- PROD.I'SR Exclusive Broke.......e West ~ THIS CER1IFIC ATE IS ISSUED AS A. "ATTER OF INfORMATION , . ,'.... ONLY AND CO ~fERS NO RIGHTS UPON THE CERTIFICATE ~~3'58 Sandalfoot Plaza Drive. . HOLDER, THIf! CERTIFICATE DOES NOT AMEND. EXTEND OR Boca Raton. FL 33426 ~LTER THE C' lvER~!3E AFFORD~D ~Y 1.:HE POl.IC,IEa ~E~OW. - I )hone (661)488-1200 Fax (561)488-1487 INSURERS AFFOI DING COVERAGE MAle '.- _.".. _ - .- ---. - .-. .-- 'INSURER A: . Centl ry Surety" .-. - -- - - INsu:I.O Erosion R8Storation L.L.C. ~'_I~SURE~B; ~r~ ~~~ive'Expre&S.'.=.= = -=-.-=- .- 2200 sw 14 St INSURER C: ."" Ft Lauderdale, FL 33312- ItlSuRIi.R 0: Naut Ius lnsuran~ -. -.- -"" - - - \(954) 444-4471 INSURERE: -- - - - -.. .- .-- .... .__.. .._. .._ ..._. .._.. .._. .__ .._. ..__.. n_. ..- .- .- .-. - .- -- .-.... ..-. ..-. .. CO\ I! ~AGES THl' F OLICi::s OF IlI'SURANCE L1STeO HAVE'BEEN ISSUED TO THE'iiilsURED NAMED ABoveroR"iHl POLicy p'EFi:iOD INDicATED" NOTWrrHSTANDING'--- ..-. AN' fEQUIREMENT, TERM OR CONDITION OF ~Y CONTRACT OR oTHER DOCUMENT WITH RESPE ~T TO WHICH Tl'i1S CERTIFICATE MAY BE ISSUED OR MA . I 'ERTAN. THE INSURANCE AFFORDi:O BY THE pOLICIES DESCRIBED HEREIN IS SUBJECT TO AI L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO : ~ IE5. AG~RE.9AIE LlM.ITS ~HOWN J1.AY HA,!E IiEEI':l REDU<?ED ~y !:,.AI> CLAIMS. .- '- -'- .- . -. .- .- ..-. .- IN~" :i~~--. TYpeOFINSUR~N~~. _ ..POlIC!NU~.~R :A~~~~~r:~~~i"~f~Cj~~~~~i - _--..!:IMI~~_..._. OENI:RAL LlAIilll.ITY EACH ~~~. .- 1- 1 000000 ~ COMMERCIAl GENERAL llABILITV CCP-580382 0610712009 0 l/07/2010 ~RE~~~S. (E:t~~ren.c~ ._ "~OOOO l.J 0 CLAIMS MADe Iifl OCCUR ,MED ElCP (An., onepef80n) 5000 A ~~I 0 . .PE~SONAL &ADV iNJURY _.~'.100000Q LJ'~. =..-= GENE~AGGR~GAT~ . .-.1.0qpOOO GeN'L AGGREGATE LIMIT APPLII:S PER: PRODUCTS - CO~P/OP AGG 1000000 ...... JJ POLI~.,!, D.~Ro~~CT I I..LOC.... ._ '_' n__ ..-.. .--. ..-..."=... ..~=-....=-..~~ ..-- AUTOMOBILe L.IABlLlTY COMBINED SINGLE L..rr lllJ ^",Y AUTO 03399164-3 02/17/2009 (211712010 (EU~ldent>..oo__' 00 ..~OQOO ALL OWNED AUTOS .. b1 BOOILY INJuRY 1000000 8 1{J ~ ~~~~~~~~;UTOS IPerper~!?~ --.'-' .- _ BODllVINJURY 1000000 L"!':".1 NON OWNF.D AUTOS (Per ecddenl) n _...._....--. PROPF-RTYOAMAGE--- - . 1000000 .._.__"-- _.__.-- _. ._. (F'erllGGidem).._ GARAGI: LIABILITY AUTO ON\.. Y - EA AcciDENT .--. "] 0 ANY AUTO OTH'ER rH~N ~ ACC- . LI AUTO ONLY: -', -'- "" ._ _....._.--. .._...._ .._ .._._._.. __.. ...._. .._......_~G!> ._.... EXCESS I UMBRELLA l.1~L.ITV 356B001040 08108/2009 118/08/2010 ~ACtt OCc.~R~EMCE ._~()00009 I I OCCUR ~ Cl.A~S MADE AGGREGATE 3000000 D ~ ..-' ----- O .... .. .. DEDUCTIBLE - -. 00_' .-. ..-. [I RETENTION $ H__ ..-.. .-.'- .- J '-'~~:<j::R'i?~:i~fN~ANo-' ..~~.- --. ...-.- ..-..' qT~~;l~JJs... 'Lr.~~~.-'~~~~ ~ NV PRoPRIETOR I PARTNER I EXECUTIVE E.L. EACH ACCIDENT . ('FFICER I MEMBER EXCl-UDED? ..'-- ..- .... ..-... ( III I I'd litoI)' In NH) E.L. DISEASE - EA EMPLOYEE I ~~. deaorlDe\lnder .'-. .-.. -- .-.'- .. .: fiHCe7- p'MVISIONS"D610W . _' . _ __.. _. _. .. _ EL..OISF.AS~ - POLlCV ~IMlT __ ._1__....---. ..~--,,_. .'--" -.-.- oell: illPTION OF OPERATIONS I LOCATIOMS I VI:HICLES I f.XCLUSIONS ADDED BY ENDORSEMENT I SPf.CIAL PROVISIONS '-' -. ..-. - Ce II 'icate Holder & Additional Insured shown below: Pre i (ct: Pelican Bay Cant # 095235 C ii.TIFICATE HOLf?ER'-~.~~~~~---------~ CA~CELLAT~ · __H_ .._,-"""- -- ,. ,. -. ..-... .~_.. ---- .."--. ------ SHOULD ANY OF' HE ABOVE DESCRIBED POLICIES Be CANCElLEO BEFORE THE I:XPIAATION DATE THI:REOF. THI: ISSUING INSUREll WILL ENDEAVOR TO MAIL Collier County ~ DAYS \/I RITTI:N toIOTIC~ TO THE CERTIFICATE HOLDfF! NAMI:O TO 3301 Tamlami TrI E TKE LEFT, SUT F~ IL.URE TO DO SO SHALL IMPOse NO OBLIGATION OR LIABILITY Naples, FI 34112 ()f ANY I<t~D uP( ~THE .INSURER, ITS AGE~TS OR. REPtlI!SENTATIVES, AUTHORIZE!D REI RESENTATlve . - - I JON MOORES A"C:ltD26(200t101}QF' - -- -"".'- ---- ---'0198&_2oo1ACORDCoRPORATION.Allrlghtr.reserved: I The ACORD name and logo are reglsteJed marks of ACORD ."..~,.,-,,;-~---- .....* ..._. ""'.'''_''''''''"___C''_''''''',~.'.' .. ~._",--'''''-'~''-'''-'"''--'--'"- ",.,.._--".~,,--- 17 2001'='M~2 1 FROM : FAX NO. :5614881487 Aug. PROGRDJ'IVE t JEM INS sves INC 23158 SANDALFOOT PLZ BOCA ~ATON, FL 33428 Policy number: 033891843 Undefwrltttn by Pragreeeive EJlprelIe InlM1lnce ~ny 0811712009 Certificate of Insurance Certlfk:atl HoIdlr InIInd Aglnt .... .... ... . "' ... . _ _ . ~. . .. . .. . .. ... .. . . .. "" .... ..... ... . ... ... . II . II . ... ... . .. .. _ . . . ... .. ............................. - . .. . " ... ..... .. .... ... Additional Insured E~0810N RESTORATION L _C JEM INS SVCS INC EROSION RESTORATION LLC 2200 SW 14TH ST 23158 SANDALFOOT PLZ 2200 SW 14TH ST FT LAUDERDALE, FL 33312 BOCA RATON, FL 33428 FT LAUDERDALE, FL 33312 This document certifies thlt insurance policies Identified below have been issued by the designated InBurer to the insured named above for the period(s) indicated. This certificate is issued for information purposes only. It confers no rights upon the certificate holder a 'd does not change, elter, modify, or extona the coverages affordecl by tho policies listecl belOW. ThE coverages afforded by the policies listed below are subject to 811 the terms, exclusions, 11m ltattons, endc -sements, and conditione 01 theae policies. ......................................--..--....................................... ......,.........,..........,.......,.............. .......... Policy Effective Date: 0211712009 Pc licy Expiretion Date: 02/17/2010 In.,.-.nce c-lafll(a) Limb ..............,........,...........__................_........___....._.4........... ,........ ........................",,,.,,,., ......11......' BIIPD 11,000,000 eSl HIRED AUTO $1,000,000 eSL NON OWNED AUTO $1,000,000 eSl Description of LocationIVehicleslSpec:ialltems SChedUled autoa onlv 2004 TOYOTA TUNDRA DOUBLE C 5TBDT44174S4364' 17 2005 PACE TRLR 4FPFB10196G0976 13 eertltJc8le number RE: THE PROJECT OF PELICAN BAY CONTRACT Pleae be edvlaecl that lIddltlol'\8llnaureda aftd lienholder. NlII be notified In the event of a mld-term cancellation. ..". .. ~..' ..... "1 .('.t , \.. ..;;!~~~:,..... "',""" ." ,... "~ \.. " ~ t.' ; . I , { Form 52,41 (10102) ,~-.,~,~,--"....."...,.,._'-'..~"."'-.,-''''--_......_---'''---~---~ .. ~- ~,,-, I. - ,'-- ~"-,,,-,<"'-"^---'-"-~"--