#09-5235 (Erosion Restoration, LLC)
A G R E E MEN T 09-5235
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
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States Postal Service Department, first class mail service, postage prepaid, addressed to the
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
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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 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 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,
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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.
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17. CONTRACT TIME AND TIME EXTENSIONS.
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.
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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.
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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 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.
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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.
ATTEST: .....'
Dwight E;<~fOck,. .~~rk of Courts
~.~.
".., " l. ...~
By:.' ...... -0.(..-
Dated. ..~. -:-iy'ftt
.1~" .~...... ·
",,~W',"I'..
BOARD OF COUNTY COMMISSIONERS
COLLlER~Q TY, FLORIDA _
~ otJ.
By: ..tk..
Donna Fiala, Chairman
~Sion Restoration, LLC
F~ness
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BY:~
Signature bl
4~f / P/I,v {?U,/ ~rJ
Typed Signature
Page -8-
Az-G{,4NOeA f i3tYNt::
Type/Print Witness Name
et;;~
JJ<-<i.crNf.
Title
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Type/Print Witness Name
Approved as to form and
Legal sufficiency:
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Page -9-
EXHIBIT A
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
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION 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-
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,as of
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
200_, by _
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -11-
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-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
WHEREAS, Principal has entered into a contract dated as of the
200_, with Oblige for
day of
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -13-
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
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:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by , as
,a
He/She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -14-
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
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-
tM:
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_'_:~I~~ _._._CERTIFICATEt;>F
PROD .1;eR Exclusive Brokerage West
~2-3'58 Sandalfoot Pla~ Drive
Boca Raton. FL 33428
_ .!'hOne (661)488-1~OO . __
INSU ; tD Erosion Restoration L. ,-. C.
2200 sw 14 St
Ft Lauderdale, FL 33312-
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CO\ I~~AGES
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AN' fEQUIREMENT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPE ~T TO wHICH THIS CERTIFICATE MAY BE ISSUED OR
MA . I 'ERTAIN. THE INSURANce AFFORDi:D BY THE pOLICIES DESCRIBED HEREIN IS SUBJECT TO Ai L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
PO . ( lEG. A.GGREGA.TE LIMITS SHOWN MAV HAve aEEN REDUCED BY PAlO CLAIMS.
IlIs.-1 ; ;1)'1. . ._~~~ OF ;NS~~AN~E'-." .. ~OllCY ~UM~~ ;Ao,.~C~:r:~~rw POL ey EXPIAATlOX'r-
TIUJ I eRo ._- .__ _. _...-." .~. ..._.1 DAT : (MtllDl)/VY\ry'
GENERAL LIAl3IL.ITY
~ CO""'~RCIAL GENERAl. llABILITV
UO CLAIMS MADE ~ OCCUR
~~I 0
LJ '
GF.N'L AGGREGAT. E LIMIT AP.P.LIES PER. : t-
O P<?UC?! C .~RO~~CT I l..LOC.. ..
AUTOMOBILE L.IABlLlT'I'
I-I ,.,..V AUTO I 03399184-3
I.] AlL OWI'lED AUTOS
B f{l ~ SCHEDULED AUTOS
~ HRED AUTOS
~ NON owNF..O AUTOS
0_...-......--..
FAX NO. :5614881487 Aug. 17 2009 11:55AM P1
LIABILITY II tJSURANCE JI)A'~~~~~1YY-'-
.~ THIS CERTtFIC ATE IS ISSUED AS A. MATTER OF INFORMATION
ONLY AND CO ~FERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THU! CERTIFICATE DOES NOT AlIENO. EXTEND OR
~LTER THE CI lvER~~E ~FFORDeD BY "(HE POLlCII;S ~ELOW.
Fax(~61~-1.487_ INSURERS.AFFOI DING C~VE~A~~ _ _. NAIC'_
'INSURER A: Cent I ry Surety -
~1~SURE~.8; .~~~ ~~~ive Express .'= .= -.
INSURER c~_ _ .- .-. - -.--' - -.-
INSURER D' _ Naut Ius Insurance _ -.. --
____ ___..I.II'''SUR.E.R E..._ ._.._'.-'
.._...._0'.__."-
02117/2009
LIMITS
..-.,"._0
EACH OCCURRENce 1000000
o AGE'fliRENTED' .'-'
o lJ07/201 0 P~EM1SES. {E~ occ~!ren.c;~._ ..~~OO
MEO ElCP (A~y one~on.l . ___ 5900
.PE~SONAL &ADV INJUflV ..._.1000000
GENERAl. AGGREGATE 2000000
..-. ...._- .-. ..,-
~:~:.:~: :::'~~~GG . ~=
(2/17/2010 ~.ll~ldent).. h_ ..""""1.. ..-
BOOILY INJuR'f 1000000
IPer'perll~..
BODILY INJURY
(Per accident)
1000000 '
CCP-560362
06107/2009
A
3568001040
118108/2010
PROPF.RTY DAMAGE
Wer accident) . ._.
AUTO ONl V - EA ACCIDENT
.-- .--
OTHER THAN ..Yo AC.~
AU.TO ON.~Y: ._nAG~
EACti OCCURRENCE
...,-_.,.'~.-
AGGREGATE
1000000
GARAGE LIABILITY
"] 0 ANY AUTO
[l
D
EXCESS / UMBRELLA LI~L1TY
II OCCUR ~ CLAIMS MADE
~
08/08/2009
2000000
-,"--'
3000000
[J DEOUCTIBLE
L.I RETENTION $
. W 'ORK-ERS COMIJENSATlON AIIIO-" ..-.'-
~ MPLOYERS' LIABILITY
~ NV PROPRIETOR I PARTNER I EXECUTNE YIN
(IFFICER I "'''~MBER EXCI-UDED?
( Il\8ftd8tory In lIIHI
I ~ yes d8110rtbe ~nde(
.. ! PECIAL p'ROVISIONS}leIOw
. )THER
._1__.---.-. ---.1--..-...-
DEli: iUPTION OF OPERATIONS / LOCATIONS I VEHICLES leXCL.USIONS ADDED BV ENDORSEMENT I SPECIAL PROvlSIONS .
Ce II 'icClte Holder & Additional Insured shown below:
.-....--..\
._,,--'
qT~~'l:J~s.. . 0" .~~~~
EL. EACH ACCIOENT
...__'___ "0
E~~, DlSEAS~ - EA E~P~OVEE
E.L. D1SfASE . POLlCV LIMIT
_.1.._.
Pre j [ct Pelican Bay Cont # 095235
C iF~TIFICATE HOLDER
CANCElLATIO .
Collier County
3301 Tamlami Trl E
Naples, FI 34112
SHOULD ANY OF' HE ABOVE DESCRIBED POLICIES BE CAIIICELLED BEFORe THE
EXPIRATION DATE THEREOF, THE ISSUING INSUREfl, WILL ENOEAVOR TO MAIL
~. DAYS \/I RITTEN toIOTICI'i TO TI4E CERTIFICATE HOLDEFl MAMEO TO
THE LEFT, BUT FI ILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
?f ANY l<t~~ uP( ~. THE .'NSUfl,ER, ITS AGENTS OR REPReSENTATIVES.
AUTHORIZ\!20 REI RESENTATnlE ._.-
JON MOORES
n _.~ 1988-2009 ACORD coRPORATION. All riGhts reserved:
The ACORD name and logo are ~18teJed marks of ACORD
_.._.1.-
AC : . tD 26 (2009101) QF ..
FROM
FAX NO. :5614881487
Aug. 17 2009 11:55AM P2
PR08REttlVE t
JEM INS aves INC
23158 SANDALFOOT PLZ
BOCA RATON, Fl 33428
Policy number: 033891843
UndlllWl1tten by
P~MI ~ InaUl1lnce
CornfI8ny
08I1712D09
Certificate of Insurance
CertIfIc.. HoId.r
lnand
Agent
... ... .... ...... . ... . . - _.. . . .. . .... . ... .... .... .. " .... ..... . ... ..... .... .... ...... . .. .. ... .... .,. .. ~. ... . ... .. .....................,.......................................
Additional Insured
EROSION RESTORATION LlC
2200 SW 14TH 8T
FT LAUDERDALE, FL 33312
EROSION RESTORATION L .C
2200 SW 14TH 8T
FT LAUDERDALE, FL 33312
JEM INS SVCS lNC
23158 SANDALFOOT PLZ
BOCA RATON. FL 33428
This document certl1ls8 that insurance policies Identified below have been iS8ued by the designated
In8urer to the insured named above for the period(s) indicated. This certificate is issued for informatlor'l
purposes only. It confers no rights upon the certificate holder a 'd does not change, alter, modify, or
9lrtend the ooverages afforded by the pollci.. listed belOW. Thlil coverages afforded by the policies listed
below are subject to all the terms, exclusions, limitations, endc -sements, and condltlons of theae
policies.
. .. . . . . . . . - . ... . . . . . - . . - . - . . - . ... . ~ _.. . ... .. _.. - _. I . . . .. I . . . . - .. . . . . . . - - . . . . . - - - . . - . - . . .. ..........................., -.' . . . . . . ... .. - . . . . . . .. .. . .. . . .
Policy E1tectlw Oat.: 0211712009
Pc liey Expiration Date: 02/17/2010
InlIUfIInce C_1'8fIlI(8)
Umb
.........,...".....".,................_________.__..........._____.................. I........
BIIPD
HIRED AUTO
NON OWNED AUTO
11,000,000 eSl
$1,000,000 CSl
$1,000,000 CSl
Description of L.ocationNehicleslSpecialltams
SCheduled autoa onl~
2004 TOYOTA TUNDRA DOUBLE C 5TBDT44174S4364' l7
2005 PACE TRLR 4FPFB1019600976 13
Certtrlc* number
RE: THE PROJECT OF PELICAN BAY CONTRACT
Pleae be 8dvl88d thet addltloft8llnaureda and II.nholder. III.. be notified In the event of a
mld-term c8ncellatlon.
c/
':t'
......
, '.
" '!, 'I"'"
.-- .......,
\. .:.. '>:~!~~;:'..'.'d"'"'" ,
\ I
{
Fonn 82..1 (10102)
ROUTED TO:
~,\ '..,'
ITEM NO.: ~SUb~. ~
FILE NO.:
- ('
, ,',,\ ". r)
\.) ,.'" ~.~
DO NOT WRITE ABOVE THIS
E
REQUEST FOR LEGAL SERVICES
~~
~ "\.^--R-
~)ZD!~
Date:
August 14, 2009
Re:
Dianna Perryman., Contract Specialist
Purchasing Department, Extension 4270
J
Contract: #09-5235 "Lake Banks Geotextile Tube Installation"
~
~\v\O)
C6\\~~~
C\C-
~..-eW
~
~\~
To:
Office of the County Attorney
Attention: Jeff Klatzkow
From:
Contractor: Erosion Restoration, LLC
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on July 28, 2009;7 Aenda It m '2- - ~
16.F.2 . ~<W'
This item has been submitted. Ite D9.~D12 0- C\
ACTION REQUESTED: )).Y:
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
MEMORANDUM
FROM: Dianna Perryman, Contract Specialist
Purchasing Department
~y~.
). ",,'/' 16"".. /c/
,0.- n tY
..~ ~~ ~
TO: Ray Carter
Risk Management Department
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/DP
C: Kyle Lukasz, Pelican Bay Services
. .
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Tuesday, August 18, 2009 2:43 PM
perryman_d
DeLeonDiana; lukasz_k; mausen_g
Contract 09-5235 Lake Banks 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
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
1
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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
TAMARC FL 33319
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0.3/22120_07 --6t\Lf\Ll.i6LR!;PORI
03/13/2006 =-ANNUAL REPORT
02/28/2005 =-ANNUAL REPORT
03/03/2004 ::ANNLJ6L REPORT
02/2!;l/200:3 =-l,LC ::Af\lNBJ;E1U_N I FQBr\lU~I,.JSFiEE
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