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Backup Documents 01/12/2010 Item #16E 7 16f1 MEMORANDUM Date: January 21,2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5325 "On-CalI Electrical Repairs and New InstalIations" Contractor: Bentley Electric Co. of Naples, FL, Inc. Attached is an original change order, referenced above (Item #16E?) approved by the Board of County Commissioners on January 12, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment ITEM NO./Or WL, or WL./8"" ~ :" i" Ho" 16 E 7 ('i")l j,'\iPJI.,t&,f\!;CEIVED: 1...1'_ '., J /..\) Jl,..Jhf\U",:: FILE NO.: 0:.' C I I r: ) -: l' ", r <..,.j,"J ....J I,) i- ...,0 ROUTED TO: <S~-' DW, Ij ~II / L> ~tw 0/ Office of the County Attorney "f.J( , l- Colleen M. Greene, Assistant County Attorney / () 'v ~ ( '; ../ IV. J-t> >f.->,urI T'\ D 1, ~ Purchasing Department, Extension 2667 J \ 1\ ~ c... ~ Contract: #09-5325 "On-Call Electrical Repairs and New Installatio~"l <{r1'f. 1'\ . Contractors: E.B. Simmonds Electrical, Inc. ~ "p4 AC Electric of SW FL, Inc. / () I/r) vBentley Electric Co. of Naples, FL, Inc. I ) I I I Gulf States Electric, Inc. Professional Highway Maintenance, Inc. DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 12, 2010 To: From: Lyn M. Wood, C.P.M., Contract Specialist Re: BACKGROUND OF REQUEST: / This Contract was approved by the BCC on January 12, 201 0; Agend~4~ Item 16.E.7 'iVV"' This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the 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: Jack Curran, Purchasing r...., \,,:<-,\ ';t\,\ I~\~ '\ 'r~\\ \ \.0 \ '\ \\ Iv \\v"'" l6f7 MEMORANDUM TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist ),1., A^," Purchasing Department / 1\ FROM: DATE: January 12, 2010 RE: Review Insurance for Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: E.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. vBentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. Professional Highway Maintenance, Inc. This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.E.7 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. DATE RECEIVED .JAN 1 3 2010 RISK MANAGEME dod/LMW C: Jack Curran, Purchasing mausen 9 16[7 From: Sent: To: Cc: Subject: RaymondCarter Thursday, January 14, 2010 1 :39 PM LynWood CurranJohn: GonzalesDamon; mausen_9; MarkiewiczJoanne Contract 09-5325 "On-Call Electrical Repairs and New Installations" All, I have approved the certificate of insurance provided by "Bentley Electric Co. of Naples, FL, Inc." for contract 09-5325 which will now be forwarded to the county attorney's office for their review. Ray 7la.yHUTH.d. ~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records_ If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity_ Instead, contact this office by telephone or in writing www.sunbiz.org - Department of State Pat bE7 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List N_~x! on List RetWII T"J_ist IEntity Name Search Submit I Events No Name History Detail by Entity Name Florida Profit Corporation BENTLEY ELECTRIC COMPANY OF NAPLES, FL, INC. Filing Information Document Number P01000076242 FEIIEIN Number 593738949 Date Filed 07/31/2001 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 12/14/2005 Event Effective Date NONE Principal Address 4406 ENTERPRISE AVE NAPLES FL 33-4104 Changed 02/18/2009 Mailing Address POBOX 10572 NAPLES FL 34101 Changed 07/14/2006 Registered Agent Name & Address BENTLEY, CHARLES A JR 4406 ENTERPRISE AVE NAPLES FL 34104 Address Changed: 01/17/2008 Officer/Director Detail Name & Address Title P BENTLEY, CHARLES A JR 4501 BEECHWOOD LAKE DR N NAPLES FL34112 Title V BENTLEY, CHRISTOPHER 4501 BEECHWOOD LAKE DR NAPLES FL 34112 Title ST http:/ /www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc _ number=PO 1000076... 11/24/2009 RLS #__ /tJ- ,~t'- 01 'tl./l" CHECKLIST FOR REVmWING CONTRACTS eUCrd./ t!..- r1rm~A;vr OF /U~~~~ ~No No Entity Name: I3&AJTL'i '( Entity name correct on contract? Entity registered with FL Sec. of State? Yes ~Ycs 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 $_ Z IiA ,.... Products/CompVOp Required $ Personal & Advert Required $____ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ 2. lI4 L- Workers Compensation Each accident Required $ I "^-I L. Disease Aggregate Required $____ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ ~s:._M.l L Aggregate Provided $ " Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $__ Per Aggregate Required $ Other Insurance Each Occur Type:_ffi6~:ry Provided $ z. l!'-l L- Provided $___....t.'_ Provided $ { Ibr... f l Provided $ t 1 Provided $ {tVj dJo -. Provided $-1 JuL.._ Provided $_ r 11M L Provided $ __~_ Provided $ " Yes Yes Yes Yes " ,,~ .-&-M!cf v:?..J- ~ t'" ~Y"16E7 No No No No Exp. Date_",J, [,0 Exp. Date -----"--_ Exp. Date ____!~ Exp. Date l , Exp. Date t I Exp Date. Z. / L {,, Exp Date *-10 Exp Date~_ Exp Date t I Exp Date ~Q Exp Date ~~!__ ~Yes Provided $ Provided $ Required $~.===,- No Exp. Date Exp_ Date Provided $ 15 J7 5?Jo Exp Date ~J.I liP 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? ~es Yes Performance Bond Bond requirement referenced in contract? Ifattached. expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: --'~4 Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ----'<C_ Y es -----L Y es -L... Y es Yes -----'L. Yes V" Yes ~Yes Attachments Are all required attachments included? -.L Yes Yes Yes Yes No No No _~o No No No _No ~ ~ rr'- ---~~ +~~~ ./No ~ ~ No No No No C _ Reviewer Imtlals: ~_ Date:~ 04-COA:OI~222 www.sunbiz.org - Department of State BENTLEY, ANNE MARIE 4501 BEECHWOOD LAKE DIR N NAPLES FL 34112 Annual Reports Report Year Filed Date 2007 01/11/2007 2008 01/17/2008 2009 02/18/2009 Document Images 02/18/2009 --ANNUAL REPORT 01/17/2008 -- ANNUAL REPORT 01/11/2007 =-ANNUAL REPORT Q7114/2006 -- ANNUAL REE'QST 12/14/2005 -- REINSTATEMENT 03/15/2004 -,_ANNUAL REPORT 02/06/2003 -,,-ANNUAL REPORT 04/Q1/2002 -, 6N1'Jl,LAL REPORT 07/31/2QOL-- Domestic Profit Page 2 of2 16[ ., View image in PDF format View image in PDF format View image in PDF format View image in PDP format View image in PDP format View image in PDF format View image in PDP format View image in PDP format View image in PDF format I Note: This is not official record. See documents if question or conflict. I Previous on List _eV~J1t~ No Name History N~xt 01!JJst Betyrll T~ I,is! IEntity Name Search Submit I I Home I Contact us I Document Searches I E~Filing Services I Forms I Help I CopYI-ight and Privacy Policies Copyright (~) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?acti()n~DETFlL&inq__ doc __ number=PO] 000076... ] ]/24/2009 A G R E E MEN T 09-5325 16[7 for On-Call Electrical Repairs and New Installations THIS... AGREEMENT, made and entered into on this J?"";' day of .~.n n\.o!c~H-t ' 2010/ by and between Bentley Electric Company of Naples, FL, Inc., authorized to do usiness m the State of FlorIda, whose busmess address IS P. O. Box 10572, Naples, Florida 34104, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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 Contractor shall provide on-call electrical repairs and new installations in accordance with the terms and conditions of Bid #09-5325 and the Contractor1s proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. Page I of8 16[7 The Contractor shall supply the County with an emergency on-call telephone number and the same (or different telephone number) for routine repairs/ new installation. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Bentley Electric Company of Naples, FL, Inc. P. O. Box 10572 Naples, Florida 34104 Attention: Charles A. Bentley, Jr., President Telephone: 239-643-5339 Facsimile: 239-643-3685 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09-5325 On-Call electrical Repairs and New Installations Page 2 or8 Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 16E7 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 Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., 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. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09-5325 On-Call electrical Repairs and New Installations Page3of8 16E] for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex. color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Liabilitv: 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 Employersl Liability with a minimum limit of $1,000.000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This 09-5325 On-Call electrical Repairs and New Installations Page 401'8 16E7 indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Deparbnent. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor IS Proposal, Insurance Certificate, Bid #09-5325 Specifi- cations/Scope of Services, Addendum and Exhibit A, Rate Sheet. 16. 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. 17. 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. 18. 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.e. 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. 09-5325 On-Call electrical Repairs and New Installations Page 5 of8 16[7 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 09-5325 On-Call electrical Repairs and New Installations Page 6 of8 16[7 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 COLLIER CO)7NTY, FLORIDA If~ ~~4 chairman D.'nna Fiala By: Bentle Electric of N a Contrac : elM Inc. tType/print itness namet (J ~Aak-/t- s Ii Typed signature and tit! !l/s; <I"" I Seco Willi ss iYb.rl-~ ~~oA tType/p int wItness namet Approved as to form and ~f~e~~ L As~iJtu.it Co'unty Attorney ~..\lII"I ,5' uti IR j~ Print Name ~-_.- Item If ~-1- ft.gonda \ (2.. b Dnte . Dat~ \I,\I.b ~. .puly er1< 9/1~ 09-5325 On-Call electrical Repairs and New Installations Page 70f8 EXHIBIT A Rate Sheet Items - Material % Markup (material + % markup = price to County) Sub-contractor % Markup (subcontractor cost + % markup = price to County (note: use of subcontractors are limited to no more than 20% of the entire work) Ditch Witch per Hour (Upon arrival at site) Journeyman Electrician per Hour (straight time) Apprentice Electrician per Hour (straight time) Electrician's Helper per Hour (straight time) General Laborer per Hour (straight time) Bucket Truck Operator per Hour (straight time) 40 Foot Bucket Truck per Hour 60 Foot Bucket Truck per Hour 80 Foot Bucket Truck per Hour 120 Foot Bucket Truck per Hour 40 Foot Bucket Truck Minimum # of Hours 60 Foot Bucket Truck Minimum # of Hours 80 Foot Bucket Truck Minimum # of Hours 120 Foot Bucket Truck Minimum # of Hours 09-5325 On-Call electrical Repairs and New Installations Page8of8 l6E7 Price to County 15% None $30.00jhour $55.00jhour $45.00jhour $40.00jhour $30.00jhour $50.00jhour $30.00jhour $30.00jhour $40.00jhour $50.00jhour None None None None From:Enn McElroy. CISR, Cle FaxID:356-2126 Page 2 of 3 eRlJ' CERTIFICATE OF LIABILITY INSURANCE ':~=~2 DA J.~/J.~/l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dawson of F1oxida; Nap1es 6609 wil.l.ow I'ark Drive Napl.es I!'L 34J.09 I'hone:239-26J.-6J.J.6 Fax:239-26J.-2803 Bentl.ey El.ectric company of Nap1es, B"L. :Ino. I'O Box J.0572 Napl.eS FL 34J.0J. COVERAGES INSURER A- IN~Uh!l::.h!1:I INSUReR c. INSURER 0 INSURER E C:lne.1nnat.1 :rn.urUlC!. COIlp;any NAIC# J.0677 INSURERS AFFORDING COVERAGE INSURED rcc"J: 00_e:c.1e1 "J:n."a:ance Co. TI-iF POI lCIFS nF tNSIJRANr:F IISTFO AFi OW HAVF AFFN ISSllFn Tll THF INS1IRFD NAMFn AAOVF FOR TI-iF POliCY PFRIOn INOI\ATFO NOTWITI-iSTANDING .AJ'.lY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIilS CERTIFICATE MAY BE ISSUED OR MAY PCRTAIN, TlIC INSURANce AITORDCD OY TlIC POllCICS DCSCRIOCO j ICRCIN IS SUDJCCT TO AJ...L TlIC TeRMS, exCLUSIONS AND CONDITIONS or SUCII POLlCIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N' TYPE OF INSURANCE POLICY NUMBER DATE IMMIODIYYYY) DATE (MMlDDIYYYY) LIMITS GENERAL. LIABILITI FAr:H OCC\ IRRFNCF $1,000,000 A X CAE'5832545 02/0J./09 02/0J./J.0 DAMAGE TO RENTED $ J.OO ,000 COMMERCiAl CENERAl.. LIABILITY PREMISES (E.. OI.:CUIl;lIII.:I:I) I CLAIMS MPDE ~ OCCUR MED EX? (MY one person) $5,000 X contractual PERSONAL & ADV INJURY $1,000,000 Liability GENERJl.J... AGGREGATE $2,000,000 ~'L AGGREfil L~~~ APP~.~~_rER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X ,IFCT Loe Al1TOMOBILE LIABILITY COMBINED SINGLE LIMIT A ~ fflY AUTO CAE'5832545 02/0J./09 02/0J./J.0 (Ceeccident) $ J.,OOO,OOO - AlL OWNED AUTOS BODILY INJURY (PorporGQn) I ~ SCHEDULED AUTOS ~ HIRED AUTOS OODiL Y INJURY ~ NON-UWNl::.Ll AU I O~ (P~r8ccidlmt) I '- PROPERTY DI\Iv1I\GE $ (l--'eraccldl;\nt) GARAGE LIABILITY AUTO ONLY EA ACCIDENT , ~M-JYAlJTO OTHER THAN EAACC , AlITa ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURREt~CE $5,000,000 A ~'UCCUj--.! D CLAIMSMALll::. CAI'5832545 02/0J./09 02/0J./J.0 AC;GI-(t:.GAIl::. ~5,000,00O , n DFDIICTIAI F $ RETENTION , $ WORKERS COMPENSATION X ITORY LIMITS I IvE::r AND EMPLOYERS' LIABILITY VIN B ANY PROPRIETORIPAATNERlEXECUTIVE 0 55235 04/J.7/09 04/J.7/J.0 E,L, EACH ^CCiDE~lT $1,000,000 OFFICERlMEMBER EXCLUDED? (Mandetory In NH) E.L, DISEASE - EA EMPLOYEE $1,000,000 II yes, describe under $1.,000,000 SPECIAl. PROViSIONS bolow E.L, DISEASE - POLICY LIMIT OTHER A property CAE'5832545 02/0J./09 02/0J./J.0 Bl.kt BI'I' 1.55,500 DESCRIPTION OF OPERATIONS I LOCAllONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County Commissioners is named as additional insured per GA 233 2/07 Endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlON COLL-IE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Collier county Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL collier county purchasing Dept IMPOSE NO OBLIGATION OR UABILITI OF ANY KIND UPON THE INSURER. ITS AGENTS OR PurChasing Bldg, BJ.dq G REPRESENTATIVES. 3301 East Tamiami Trail Naples FL 34J.J.2 AUTH~~~~E<-__.,__ ~~ ~.__'. , - :i0t :6<;2.<....;.~".J,..:#. . ACORD 25 (2009/01) =1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regIstered marks of ACORD FrolT1:Erin McElroy, CISR, CIC FaxID:356-2128 Page30f3 Date:121181200912:03 PM Page:3 of3 16E7 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 polley, 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 This Certificate of Insurance 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 (2009/01) MEMORANDUM 16[7 Date: January 21, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5325 "On-Call Electrical Repairs and New Installations" Contractor: Gulf States Electric, Inc. Attached is an original change order, referenced above (Item #16E7) approved by the Board of County Commissioners on January 12, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment ITEM NO.: to' 'PtL<> 0/4'-/1 FILE NO.: . "~)"'I"I'~ n ,.!~ '::r'Ti-~. flI. tE RECEIVE: 6 E., \A , ,: I" II \ If .11\1[_.'. . < , . !" " j ~ . , ~r:'l I' 'II ~ t.....iU ,.i',,'- J P"I ! . ~r j I i-.)D ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 12, 2010 From: Office of the County Attorney D'~ 0L \) 2. \ I, 0 Colleen M. Greene, Assistant County Attorney 0 / ,}\ To: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: E.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. ,/ Gulf States Electric, Inc. Professional Highway Maintenance, Inc. BACKGROUND OF REQUEST: ~'\ This Contract was approved by the BCC on January 12, 2010; Agenda y~) Item 16.E.7 J This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the 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. r t \ \ I" I," 'l ,.1"1' ~,: l 'I ili '/;I ".! I \j \ . --;;l\JJJ, I 1 I ' 0 \:l' " \ 1\ 'l \ C: Jack Curran, Purchasing MEMORANDUM TO: Ray Carter Risk Management Department FROM: ,-lv\"" J ~) Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: January 12, 2010 RE: Review Insurance for Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: E.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. oj Gulf States Electric, Inc. Professional Highway Maintenance, Inc. 16[7 This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.E.7 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: Jack Curran, Purchasing mausen_g 16[7, From: Sent: To: Cc: Subject: RaymondCarter Thursday, January 14, 2010 3:33 PM CurranJohn LynWood; GonzalesDamon; MarkiewiczJoanne; mausen_9 Contract 09-5325 "On-Call Electrical Repairs and New Installations" All. I have approved the certificate of insurance provided by "Gulf States Electric Co. of Naples, FL., Inc." for contract 09- 5325 which will now be forwarded to the county attorney's office for their review. Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records_ If you do not want your e.-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Page 1 01'2 16 7 Home Contact Us E-Filing Services Document Searches Forms Help P-':!t"iou~J;_m Lisj t<l~xtoJ1LJ!!! ReIYm To List IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation GULF STATES ELECTRIC, INC. Filing Information Document Number P07000121687 FEI/EIN Number 261387484 Date Filed 11/07/2007 State FL Status ACTIVE Principal Address 4585 PROGRESS AVE UNIT2 NAPLES FL 34104 Changed 01/08/2009 Mailing Address 3891 MIDSHORE DRIVE NAPLES FL 34109 Registered Agent Name & Address DURANT, MICHAEL A CONROY, CONROY & DURANT, PA 2210 VANDERBILT BCH RD, STE 1201 NAPLES FL 34109 US Officer/Director Detail Name & Address Title PD ROGERS, MARTIN J 3891 MIDSHORE DR NAPLES FL 34109 Title VP D FINLEY, JACK W 905 NEWWATERFORD DR #201 NAPLES FL 34104 Title S D ROGERS, MARYANN 3891 MIDSHORE DRIVE NAPLES FL 34109 Title TD http://www.sunbiz.org/scripts/cordet.exe?action~DETFIL&inCL doc _ number~P07000 121... 11/24/2009 www.sunbiz.org - Department of State Page 2 01'2 ROGERS, JOSEPH M 3891 MIDSHORE DRIVE NAPLES FL 34109 16E I -, Annual Reports Report Year Filed Date 2008 05/05/2008 2009 01/08/2009 Document Images 11/07/2007 -- [Jomestic Profit View image in PDF format View image in PDFfo(mat View image in PDF format 01/08/2009 -- ANNUAL REPORT Otj/05/2008 -- ANNUAL REPORT I Note: This is not official (ecmd. See documents if question o( conflict. I Previous on List lII_extQJ1JJsj Return To List No Events No Name History IEntity Name Sea(ch Submit I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright cg;) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_numbcr=P0700012I...II/24/2009 RLS # -LtZ- fJ/C/'- 01 't'i<L_ CHECKLIST FOR REVIEWING CONTRACTS Entity Name: r:;Ct~__S-rA"l"fS. LLft!Tl2fc'. /N<", . Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &Jor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Z-II<I L- Products/Compl/Op Required $___~_ Personal & Advert Required $ Each Occurrence Required $_~_._ Fire/Prop Damage Required $__ Automobile Liability Bodily Inj & Prop Required $ z.. MIL. Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ J M~ Aggregate Provided $ --"-_ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_ Per Aggregate Required $______ Other Insurance ("'-'STA'-LIl'1'te'P Each Occur Type: .....~~Uf~ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ _JI""Yes _..v:Yes LVes ~Yes ~Yes ..Y Yes 7-MtL- II I M.lL l' ------ ~OP~ [Ml L. MfL_ Provided $ I ~I I , Provided $ ~_____ Provided $ l I Provided $ Provided $ Required $__~ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofhond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: ___~_~,_ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? No No 16[7 No No No No Exp_ Date I Z-/z.<t ~tJ Exp_ Date ' II Exp. Date~___ Exp. Date ~__ Exp. Date~_ ExPDatecz..!z* Exp Date \Z--!'Z<f.!W_ Exp Date ~___~_ Exp Date ~'- Exp Date [7 J-z'l.lltJ Exp Date ~~ _~Yes No Exp. Date ___~__ Exp_ Date Provided $ S90,f)D (;> . ,,- ExpDate~f) / Yes No /Yes ~ No vYes ~ No -- Yes --.lL.No Yes No --- Yes No ~ Yes No --,--- ~Yes No ~Yes ---- No ~Yes -- No ~_Yes ~ No --.IL. Yes V Yes ~Yes ~s __No No No No \ Rev-i~wer Initials: ~c! n""t7~lJ 04-COA-61 030 222 A G R E E MEN T 09-5325 16Fl for On-Call Electrical Repairs and New Installations THIS AGREEMENT, made and entered into on this \ -;J.i-"I day of Ja"'u.!\.r~ I 20,10, by and between Gulf States Electric, Inc., authorized to do business in the tate of F1onda, whose busmess address IS 4585 Progress Avenue, Umt 2, Naples, Florida 34104, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8,2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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 Contractor shall provide on-call electrical repairs and new installations in accordance with the terms and conditions of Bid #09-5325 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. Page I or8 16[ 7 The Contractor shall supply the County with an emergency on-call telephone number and the same (or different telephone number) for routine repairs/new installation. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Gulf States Electric, Inc. 4585 Progress Avenue, Unit 2 Naples, FL 34104 Attention: Martin J. Rogers, President Telephone: 239-263-7137 Facsimile: 239-263-7328 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09-5325 On-Call electrical Repairs and New Installations Page 2 0[8 Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 16F7 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 Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use. nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09-5325 On-Call electrical Repairs and New Installations Page 3 01'8 16E7 for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Liabilitv: 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This 09-5325 On-Call electrical Repairs and New Installations Page 4 01'8 16E7 indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractorls Proposal, Insurance Certificate, Bid #09-5325 Specifi- cations/Scope of Services, Addendum and Exhibit A, Rate Sheet. 16. 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. 17. 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. 18. 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.e. 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. 09-5325 On-Call electrical Repairs and New Installations Page 5 ofS 16E7 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 09-5325 On-Call electrical Repairs and New Installations Page 6 ofS 16E'7 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. '":r "l.':.', .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /(; ! I I By: J,/J"..n-r...(./ c:t.~,,\,U~: Donna Fi~la' Chairman B Dated: At~i\~. to ..... ~- · ,t~':~1:'!: . n I' , 'I " "~ .''-{' " flvti'-L"--' ....\ '--- r" First Witness \ i --' By: ,...- /) ltd/V J !r-/j{ f S' Typed signature and title J /1r-)/(1f-A:,/- Approved as to form and le~f~en;? U Assistam County Attorney bQ""~ S ~ 'If tf2 )~4d. Print Name Item # 1I~ E1- Agenda \ \ \'2..' , 0 Date ~\ 09,5325 On,Call electrical Repairs and New Installations Dal~ \ \'2\ hi) ~~~ Deputy Clerk Page 70f8 EXHIBIT A Rate Sheet Items Material % Markup (material + % markup = price to County) Sub-contractor % Markup (subcontractor cost + % markup = price to County (note: use of subcontractors are limited to no more than 20% of the entire work) Ditch Witch per Hour (Upon arrival at site) Journeyman Electrician per Hour (straight time) Apprentice Electrician per Hour (straight time) Electrician's Helper per Hour (straight time) General Laborer per Hour (straight time) Bucket Truck Operator per Hour (straight time) 40 Foot Bucket Truck per Hour 60 Foot Bucket Truck per Hour 80 Foot Bucket Truck per Hour 120 Foot Bucket Truck per Hour 40 Foot Bucket Truck Minimum # of Hours 60 Foot Bucket Truck Minimum # of Hours 80 Foot Bucket Truck Minimum # of Hours 120 Foot Bucket Truck Minimum # of Hours 09-5325 On-Call electrical Repairs and New Installations Page 8 of8 16E7 Price to County 20% 15% $35.00jhour $50.00jhour $42.00jhour $35.00jhour $20.00jhour $55.00jhour $50.00jhour $50.00jhour $90.00jhour $125.00jhour 3 3 3 3 ~ ACORD' I"",.,.---' CERTIFICATE OF LIABILITY INSURANCE 1 ~TE IMM/l... I PRODUCER 12/10/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERS AFFORDING COVERAGE NAIC # f"'~URER A !:CCJJ:~",MEI!c:IALINSURANCE COMPANY l1'<~lJFl-"R~ FFVA",UTUAL INSURANCE COMPANY___n"__ PREMIER INSURANCE CORP., INC. POBOX 100770 CAPE CORAL, FL 33910-0770 PHONE: 239.542.71~j INSURED GULF STATES ELECTRIC, INC. 4585 PROGRESS AVENUE NAPLES, FL 34104 ,l!i~URER C ______ ~NSU_B~R_p_______ : INSURER E COVERAGES THE POLICIES OF INSURANCELlSTEOBELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTQ WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREI N IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS .1'HOWN MAY HAVE BEEN REDUCED BY PAI.DC;LAIMS. .. '~$~~~~f I POLICY NUMBER TA.P}~CY EFFECTIVE i POLlCY EXPIRATION i LIMITS i GENERAL LIABILITY! ! EACH OCCURRENCE I :.s _1!.~~9.J.Q99_ ~MMERCIAL GENE~L LIABILITY I CG0005012 12/29/2009 12/2912010 -g~2~I9~~'~~~~~~~~\ - r; 300,000 i ~ ! CLAIMS MADE L!J OCCUR ~p (Anyone person) '$ 10,000 ~: _.BI"!'_ketAddtl.lns.CGL026 : , PERSONAL&ADVINJURY $1,000,000 ~JL Prill1 t>lo_n~!1.n_lri.b CGL025 I , GE~ERAL AGGREG~T-"_ ; !2&OQ,O~0 I ~'L AGGRE~f ,LIMIT APrP1!~S PER -.fBODUCT~__~ COJ!1PIOP AGG _+-[S 2,000,000 __________ I POLICY I I ~~,9T I I LOC I A -- 11~MOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CAOO08297 12/29/2009 i 12/29/2010 (Eaaccidenl) n ------------ -------------- I, i ALL OWNED AUTOS i ----, BODILY INJURY , I ___~ SCHEDULED AUTOS (Per person} ---~---~-- ------------ ; X : HIRED AUTOS BODILY INJURY c--- , __!~ NON-OWNED AUTOS (Per accident) ~---j I PROPERTY DAMAGE , i . ! {Per accident) i~~GE LIABILITY , i I\LJIQ9_t:'!~_!'..:.~A_~Cs:JDENT +-$ , i ANY AUTO , ! OTHER THAN EAACC , i I AUTO ONLY: AGG , ! EXCESS f UMBRELLA LIABILITY i .E:_I\~Ct!..9.5;_CURRE~___ . $ 5,000,000 A m OCCUR D CLAIMS MADE UMBOO04855 12129/2009 12/29/2010 ' AGGREGATE $ 5,000,OQO ,-- '----, , , ------ i~i IDEDUCTIBLE I ;$ i X RETENTION 1-------' , -~ ,10,000 I WORKERS COMPENSATION 112/29/2009 I_~_J~ STAT~~ I IOTH- , AND EMPLOYERS' LIABILITY Y I N . 12/29/2010 B I ANY PROPRJETOR/PARTNER/EXECUTIVD WC840-0019687.2009B l E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I E.L. DISEASE - EA EMPLO.YTI ~__hf!Q~~QQQ__ -------- If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE _ POLICY LIMIT $ 1,000,000 OTHER 500,000 Installation 1 CMOO028501 , A INSTALLATION & EQUIPMENT 12/29/2009 12129/2010 , 64,566 Scheduled Equip FLOATER ' 40,000 Leased/Rented DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROViSIONS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ARE LISTED AS ADDITIONAL INSURED ON GENERAL LIABILITY PER WORK PERFORMED. FORM CGL026 (11/08). 'It" _ .;" 1 <:; " ( ~J) .-<-,-j '30 DAY CANCELLATION NOTICE APPLIES, EXCEPT FOR NON-PAYMENT WHICH IS 10 DAYS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN 3301 TAMIAMI TRAIL EAST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR NAPLES, FL 34112 REPRESENTATIVES. Phone: AUTHORIZED REPRESENTATIV c;4..~ eiJ<i4 <ANW> Fax: .fr1 ACORD 25 (2009101) @ 1988-2 RATlOI". AII.;yl.lb .v~vl.,.d. The ACORD name and logo are registered marks of ACORD 16E7 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). D!SCLA!MER This Certificate of Insurance 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 (2009/01) 16[, MEMORANDUM Date: January 21,2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5325 "On-Call Electrical Repairs and New Installations" Contractor: E.B Simmonds Electrical, Inc. Attached is an original change order, referenced above (Item #16E1) approved by the Board of County Commissioners on January 12,2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment ITEM NO.: : /) -J(~C- DIL)~L, FILE NO.: ., ,,' I DATE 'I' ,'-.-. CCAJril {Iii TCii~\i\l:' RECEIVED: 16 E7 ROUTED TO: "'~J'r" \ 1 5 rri l\: ~'~5 Lull_' .J, Date: ~) ~ Ov.-t #Cj~~~ -r IV' \' -rU' r- bLV \I~\ 110 ~ \..v,.,P' ~ gte, Lyn M. Wood, C.P.M., Contract Specialist ,1J.r-l" ~1f4 Purchasing Department, Extension 2667 - fJ\ ~ /' I/P Contract: #09-5325 "On-Call Electrical Repairs and New Installations" \ ~ Contractors: IE.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. Professional Highway Maintenance, Inc. DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES January 12, 2010 To: Office of the County Attorney Colleen M. Greene, Assistant County Attorney From: Re: BACKGROUND OF REQUEST: This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.E.7 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the 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: Jack Curran, Purchasing ,f' [\ ;,. ~\'.. t. /.i ~\,J), ~,~\J"\ \J.-(\ J \\ 't\\ \ IJ . \ \ 16E] MEMORANDUM DATE: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract speCialist. +~"i- Purchasing Department j1\ January 12, 2010 TO: FROM: RE: Review Insurance for Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: .IE.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. Professional Highway Maintenance, Inc. This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.E. 7 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. C: Jack Curran, Purchasing DATF RECnVED JAN 1 3 20W iUSK fo'..1NAG EN! ~ #J/J dod/LMW mausen 9 16f7 From: Sent: To: Cc: Subject: RaymondCarter Thursday, January 14, 2010 1:45 PM LynWood CurranJohn; GonzalesDamon; MarkiewiczJoanne; mausen_9 Contract 09-5325 On-Call Electrical Repairs and New Installations All, I have approved the certificate of insurance provided by "EB Simmonds Electrical, Inc." for contract 09-5325 which will now be forwarded to the county attorney's office for their review. Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity_ Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us E-Filing Services previous on Ll$t Page 11'5 [~ Document Searches Forms Help Eyents No Name History Next on Lis! R<11l!!"!LI9 List Detail by Entity Name Florida Profit Corporation E. B. SIMMONDS ELECTRICAL, INC. Filing Information Document Number K47793 FEI/EIN Number 650086160 Date Filed 11/29/1988 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 12/31/1990 Event Effective Date NONE Principal Address 3750 ENTERPRISE AVE #300 NAPLES FL 34104-3659 Changed 10/19/2009 Mailing Address 3750 ENTERPRISE AVE #300 NAPLES FL 34104-3659 Changed 10/19/2009 Registered Agent Name & Address SIMMONDS, E. B. 3750 ENTERPRISE AVE #300 NAPLES FL 34104-3659 Address Changed: 10/19/2009 Officer/Director Detail Name & Address Tille PC SIMMONDS, E. B. 1014 BROAD AVE N NAPLES FL 34102-8103 US Title TS SIMMONDS, L YNE 1014 BROAD AVE N NAPLES FL 34102-8103 US Annual Reports IEntity Name Search Submit I http://www.sunbiz.org/scripts/cordet.exe'?action=D ETF rL&in~ doc _ number= K 4 7793&i... 11/24/2009 RLS #..1{)- N-I!. -~!i6 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: E. B. No No 16[7 Entity name coneet on contract? Entity registered with FL Sec. of State? SI/oollUt?rJDt:; 'fLf:e.''''-It!A'--, (/J~ \L'"Yes ,........Ycs 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 $ Z Mol L. Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ FireiProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Z. M( L Workers Compensation Each accident Required $...lM.l~ Disease Aggregate Required $ Disease Each Ernpl Required $ Umbrella Liability Each Occurrence Provided $ ~ Mt,"=-. Aggregate Provided $ ~'-_ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $~_._ Other Insurance Each Occur Type:__,_, Provided $ Provided $ Provided $ Provided $ Provided $ .../ Yes --;::;rYes ~Yes ~Yes No No No _No Required $_.._ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Attachments Are all required attachments included? z.. M.l L- Exp. Date (,/~//O Exp. Date ~_ L( Exp. Date ----'.l_ Exp. Date _"t-'---- Exp. Date _~_~~ " l ~lL.. " Provided $ I /lot, L. _ ~~D/)o , Provided $ Provided $ Provided $ Provided $ Provided $, 5""IXJ.",,'" , " Exp Date ..;,/~(t~ , Exp Date '-fl.!l" Exp Date ' ~.~ Exp Date -----.-!._'--- Signature Blocks Correct executor name in signature block? /' Yes Correct title of executor? ..../Yes Executor authorized to sign for entity? ~ Y es Proper number of witnesses/notary? ~ Y es Authorization for executor to sign, if necessary: _____~~____-- Chairman's signature block? ~ Yes Clerk's attestation signature block? v Yes County Attorney's signature block? V Yes .' Exp Date (p /"JtI /to Exp Date l I ~es----==-No Exp, Date Exp. Date Provided $ -.LYes ~_Yes Exp Date __ ~No No __./ Yes Yes No _.~No Yes No Yes Yes _No ~No No No No ,_No No No No -L..Yes No C',...~ Reviewer Initials: ~ D,te, ,I I ~~JOIO 04.COA,dIOJO 22 16[ 7 A G R E E MEN T 09-5325 for On-Call Electrical Repairs and New Installations THIS AGREEMENT, made and entered into on this / df" day of Jcti-\u...(~ 2010, by and between E. B. Simmonds Electrical, Inc., authorized to do business in tne State of Florida, whose business address is 3750 Enterpnse Avenue, #300, Naples, Florida 34104-3659 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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 Contractor shall provide on-call electrical repairs and new installations in accordance with the terms and conditions of Bid #09-5325 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. Page 1 of8 16 E -7 The Contractor shall supply the County with an emergency on-call telephone number and the same (or different telephone number) for routine repairs/new installation. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples, Florida 34104-3659 Attention: E. B. Simmonds, President Telephone: 239-643-2770 Facsimile: 239-643-6873 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09-5325 On.Call electrical Repairs and New Installations Page 2 of8 16E7 Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 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 Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09.5325 On.Call electrical Repairs and New lnstallations Page 3 of8 16E7 for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This 09.5325 On-Call electrical Repairs and New Installations Page 4 of8 16[7 inderrmification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09-5325 Specifi- cations/Scope of Services, Addendum and Exhibit A Rate Sheet. 16. 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. 17. 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. 18. 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.e. 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. 09.5325 On.CalI electrical Repairs and New Installations Page 5 of8 16E1 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor.. . 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 09-5325 On-Call electrical Repairs and New Installations Page 6 of8 16E7 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;, I. . f".; " D "htEBrocle,.Clerk of Courts .:' '.. ..' ': ,~(' l3y. . - . ated: \ t-.;\ \[..0 A~L,'t.~I~ · ,~j9?~~W:\~oo, ' C,j"";,,. G~~~"Jf)rM- First~tness ~ Dijana Foley BOARD OF COUNTY COMMISSIONERS COLLIER COf'lNTY, FLORID~ /f/ / - ';' ...,~ /J 'l,n-r:n<l<.. ';(..1: Gt-k<. By:_ .L Donna Fiala, Chairman E. B. Sil)'l~onds Electrical, Inc. ", . r '--\ Contra~tor' By: '7. I-;J-\S 1~ .--- .{/I Signature tTypej print witness namet ~rCL- Se ond itness John Harhen tTypej print witness name t E, B. Simmonds, President Approved as to form and ~;ciepJ~L ~8ist~County Attorney .ep.... ~~tf R ~<t~L Print Name Item, 1hE Agenda II Date ~i~o Date II R 4~ilin DepUty (}"'. -.".,.. 09-5325 On-Call electrical Repairs and New Installations Page7of8 EXHIBIT A Rate Sheet Items Material % Markup (material + % markup = price to County) Sub-contractor % Markup (subcontractor cost + % markup = price to County (note: use of subcontractors are limited to no more than 20% of the entire work) Ditch Witch per Hour (Upon arrival at site) Journeyman Electrician per Hour (straight time) Apprentice Electrician per Hour (straight time) Electrician's Helper per Hour (straight time) General Laborer per Hour (straight time) Bucket Truck Operator per Hour (straight time) 40 Foot Bucket Truck per Hour 60 Foot Bucket Truck per Hour 80 Foot Bucket Truck per Hour 120 Foot Bucket Truck per Hour 40 Foot Bucket Truck Minimum # of Hours 60 Foot Bucket Truck Minimum # of Hours 80 Foot Bucket Truck Minimum # of Hours 120 Foot Bucket Truck Minimum # of Hours 09-5325 On-Call electrical Repairs and New Installations Page 80f8 l6E7' Price to County 10% 10% $30.00jhour $50.00jhour $45.00jhour $35.00jhour $18.00jhour $50.00jhour $40.00jhour $35.00jhour $85.00jhour $140.00 jhour 2 2 2 4 Client#: 36782 EBSIM f ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYYYV) 12/02/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ Naples, Fl 34103 -3303 239261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Amerisure Insurance Company E. B. Simmonds Electrical, Inc. INSURER B Bridgefield Employers Insurance 3750 Enterprise Ave., #300 INSURER C Naples, FL 34104 INSURER D INSURER E 16 7 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIAEMENT, 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 Pci'ALf~~J~&W\E Pg~fJ I~~~~~~N LIMITS A X ~NERAL LIABILITY GL2052102 06130109 06130/10 EACH OCCURRENCE s1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 I CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $10000 - PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 ~'L AGGREnE,L1MIT APFlS lPER PRODUCTS. COMP/OP AGG $2 000 000 PRO- POLICY JECT LOC A ~TOMOBILE LIABILITY CA2052098 06130/09 06130/10 COMBINED SINGLE LIMIT ~ ANY AUTO (Eaaccident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY S ~ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) ~FGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S A :iJ~SSlUMBRELLA LIABILITY CU2052103 06130109 06130/10 EACH OCCURRENCE s2 000 000 X OCCUR D CLAIMS MADE AGGREGATE s2 000 000 S ;1 ~EDUCTIBLE S X RETENTION sO S B WORKERS COMPENSATION AND 83015343 04101109 04101/10 X I, WC STATU- IO~~- EMPLOYERS' LIABILITY $500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500 000 If yes, describe under s500,000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS Contract #09-5325 "On-Call Electrical Repairs and New Installations" Collier County Board of County Commissioners is Named as Additional Insured on a primary basis as respects to General liability Only as needed by contract, per form CG7048 0304 includes Waiver of Subrogation per CG7049 0905. The Umbrella extends the limits of the General Liability, Automobile liability, and Employers Liability. CERTIFICATE HOLDER CANCELLATION 10 Davs for Non-Pavment 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 --.3fi..... DAYS WRITTEN Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Purchasing Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 Tamiami Tr E REPRESENTATIVES. Naples, FL 34112 AUTHOR~~ REPRESENTATIVE -'7YI' )1.;- _A ; ACORD 25 (2001108) 1 of 2 #S387993nM383120 JPE '" ACORD CORPORATION 1988 IMPORTANT 16'=7 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, subiect 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 2 #S387993nM383120 16E7 { MEMORANDUM Date: January 21, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5325 "On-Call Electrical Repairs and New Installations" Contractor: Professional Highway Maintenance, Inc. Attached is an original change order, referenced above (Item #16E:~ approved by the Board of County Commissioners on January 12, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment ITEM NO.: to _~ru ~OI\-(5JJ 16E7 ui: :(Ml'EllRECEIVED: i.:()Urir( 1\1 TORNE'Y FILE NO.: 001[' " , 15 i.. il ~ .. ...! .'""i Pi" I~: 36 ROUTED TO: From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 '{if' ~rv1~~ -iV~ oj- p~~~tr ~tu \1 :2-\( \0 . Crt> ed- \,./ ~~Y1, tv~~ I !vt>lJo DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 12, 2010 To: Office of the County Attorney Colleen M. Greene, Assistant County Attorney Re: Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: E.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. ,""Professional Highway Maintenance, Inc. BACKGROUND OF REQUEST: ~. .. This Contract was approved by the BCC on January 12, 2010; Agenda ( ~. ") Item 16.E.7 \,7 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the 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: Jack Curran, Purchasing I. r,,~ '" 'I " t., \" ~ ~' \\ I. /"'). 'd !,,;"..~, 'lJ\ \j j' ~IJ\. 'V " , d 1-\ 'ii l'D \ .. , 16E71 MEMORANDUM FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist . f. _~ Purchasing Department /" ffJ ' January 12, 2010 TO: DATE: RE: Review Insurance for Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: E.B. Simmonds Electrical, Inc. AC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. / Professional Highway Maintenance, Inc. This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.E.7 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 OATf RECEIVED ( Jp,N 1 3 2010 RISK MMNAGEMENI C: Jack Curran, Purchasing 16E7 mausen_g From: Sent: To: Cc: Subject: RaymondCarter Thursday, January 14,20103:36 PM CurranJohn MarkiewiczJoanne; LynWood; GonzalesDamon; mausen_9 Contract 09-5325 "On-Call Electrical Repairs and New Installations" All, I have approved the certificate of insurance provided by "Professional Highway Maintenance, Inc." for contract 09- 5325 which will now be forwarded to the county attorney's office for their review. Ray ~ Ca.rr.Left Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Help Forms Previous Q"_L,_lm Nel(tQJJJ,j~~ Return To List IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation PROFESSIONAL HIGHWAY MAINTENANCE, INC. Filing Information Document Number PgeOOOOg9aOS FEI/EIN Number 593413487 Date Filed 12/10/1996 State FL Status ACTIVE Principal Address 7250 61ST STREET NORTH PINELLAS PARK FL 33781 Changed 05/03/2002 Mailing Address 7250 61ST STREET NORTH PINELLAS PARK FL 33781 Changed 05/03/2002 Registered Agent Name & Address ROBERTS. DAVID H 6570 - 30TH AVENUE NORTH ST. PETERSBURG FL 33710 US Name Changed: 05/01/1998 Address Changed: 05/01/1998 Officer/Director Detail Name & Address Title PT FELSMAN, GREGORY S 3400 57TH STREET. NORTH ST. PETERSBURG FL 33710 Title VPS ELLIS. MICHAEL G 502 SOUTH OREGON AVENUE TAMPA FL 33606 Annual Reports Report Year Filed Date 2007 03/02/2007 2008 04/02/2008 2009 03/09/2009 Document Images 03/09/2009 -, ANNUALREEQ.RT 04/02/2008 -- ANNUAL REPORT View image in PDF format View image in PDF format Page I of2 16E7 http://www.sunbiz.org/scripts/cordet.exe?action= D ETFIL&inq_ doc _ number= P96000099... 11/24/2009 www.sunbiz.org - Department of State 03/02/2007 n ANNUAL REPORT 04/21/2006 n i\NNUALREPORT 07/28/2005 n ANNUAL REPORT 06/30/2004 ,~ANNUAL REPORT 04/14/2003 n ANNUALRE;PORT 05/03/2002 -~ ANN~UAL REPORT 08/08/2001 n ANNUAL REPORT 01/26/2000 n ANNUAL REPORT 02/13/1999 ~ANNUAL REPORT 05/01/1998 ~- ANNUAL REPORT 05/0J11lliH n ANNUilL REPORT 1200/1996 -~ QQ~c;UMENTS PRIOR TO 1997 12/10/1996 -- Domestic Profit Articles View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. I PI~lQ!I~Q-"-J..ist No Events No Name History NexLQ!l ~lil:it R_Qturo...T~t_Lis1 I Home I Contact us I Document Searches I E-filing Services I Forms I Help I Copyright and I'rivacy Policies Copyright ~) 2007 State of rlorida, Department of State. IEntity Name Search Submit I Page 2 of2 16E] http://www.sunbiz.org/scripts/cordet.exe?action=DE'I'F II ,&in~ doc number~ P96000099... 11/24/2009 RLS # /()-IR.r'-,j)r'l5"""O CHECKUST FOR REVIEWING CONTRACTS Insurallce Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate" Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ --Z MIL. Products/CompVOp Required $__~_. Personal & Advert Required $___ Each Occurrence Required $ FirelProp Damage Required $.___ Automobile Liability Bodily Inj & Prop Required $ z. "', L Workers Compensation Each accident Required $ l M.U Disease Aggregate Required $~_ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ ~ "'" L Aggregate Provided $ ,. Does Umbrella sufficiently cover any underinsured pOliion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:__. Entity Name: r d()Ff5 S;-P-./-tt... Entity name correct on contract? Entity registered with FL Sec. of State" lh 6HWA7 /JA ~ u"rt1lNHl.l;" f) {fJC!. , / ..vYes ,./ Yes No No 16f7 ../ Yes _\:~/:.Yes ,/ Yes ../ Yes No No No No Provided $ Provided $ Provided $ Exp. Date \1-/1 {ID Exp. Date ~'L........ Exp. Date l , Exp. Date---~ Exp. Date I' Exp Date~.l.1P.... . Exp Date 'i 1 z. "[Iv Exp Date ----"-~_. Exp Date v Exp Date QWI2..... Exp D~e ---'::.._ L/'Ves No - - Provided $ 2.. Iv\l L Provided $ 1\ Provided $._.....wM.\.c. Provided $ t I Provided $._r'o',pOo Provided $ I M t L- 1 M.l\. ~r I.' Provided $ Provided $ Exp. Date ~._ Exp. Date _._ P~ided $ Required $ _~~ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Exp Date_ -1L. Yes _ V Yes No No JYes Yes No -I.L-No Yes No Yes Yes No No ~.Yes <./Yes '/Yes l7Yes No No No No u._.~\tx -LYes _~/.Yes _dYes Attachments Are all required attachments included? _No No No /Yes No ("_ Reviewer Initials: 'y1).tf!:.. D",,,~~tD OH:OA~ A G R E E MEN T 09-5325 16E 7 for On-Call Electrical Repairs and New Installations THIS AGREEMENT, made and entered into on this I ::t+'"' day of Jcty"..LlLYj i 2010 by and between Professional Highway Maintenance, Inc., authorized to do business in the State of Florida, whose business address is 7250 - 615t Street North, Pinellas Park, Florida 33781, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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 Contractor shall provide on-call electrical repairs and new installations in accordance with the terms and conditions of Bid #09-5325 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. Page I at'8 16[] The Contractor shall supply the County with an emergency on-call telephone number and the same (or different telephone number) for routine repairs/new installation. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Professional Highway Maintenance, Inc. 7250 - 61s' Street N. Pinellas Park, FL 33781 Attention: Michael G. Ellis, Vice President Telephone: 727-545-7978 Facsimile: 727-545-4559 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09.5325 On-Call electrical Repairs and New Installations Page 2 of 8 >^.~,.____""_"""_'__""'~___M'_~_.","__'__.___"___'____"_~.---.....,.--..-- Collier County Goverrunent Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 16[] 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 Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Goverrunent now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09.5325 On.Call electrical Repairs and New Installations Page 3 of8 16fJ for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This 09-5325 On.Call electrical Repairs and New Installations Page 4 of8 16[7 indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09-5325 Specifi- cations/Scope of Services, Addendum and Exhibit A, Rate Sheet. 16. 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. 17. 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. 18. 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 use. 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. 09.5325 On.Call electrical Repairs and New Installations Page 5 of8 16E] 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 09.5325 On.Call electrical Repairs and New Installations Page 6 of8 16E7 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: Dwi ht E. BJ;o<oo,rQerk of Courts .,~:'''''...,,~;>- Lr ~ Dated: . \!, .'1. '- f : g, At~SE.~ ~~l'" . . itgll<<tiri OIIi'V:' ',,' ';<.i/o' ;::i;~ 'i~'..'(.~';;~;;}~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA If) / By: ----!t~ <::7.t~. Donna Fial&::hairman Professional Highwav Maintenance, Inc. Contractor By: \ to Michael G. Ellis, Vice President ~O~~~~. Second Witness . ;J{lQI'PIlL ~Rj.e )\of'" tTypel print witness me t Approved as to form and le~ffi/7?A~ AGBi3lbAl County Attorney ~"..-ty s: 4# k ~"'l..L Print Name Item # JJzE1- Agenda \ \ I z...1 , 0 Date ~ Oate IIZ-tll ~~ Deputy Clerk 09.5325 On.Call electrical Repairs and New Installations Page 7 of8 EXHIBIT A Rate Sheet Items Material % Markup (material + % markup = price to County) Sub-contractor % Markup (subcontractor cost + % markup = price to County (note: use of subcontractors are limited to no more than 20% of the entire work) Ditch Witch per Hour (Upon arrival at site) Journeyman Electrician per Hour (straight time) Apprentice Electrician per Hour (straight time) Electrician's Helper per Hour (straight time) General Laborer per Hour (straight time) Bucket Truck Operator per Hour (straight time) 40 Foot Bucket Truck per Hour 60 Foot Bucket Truck per Hour 80 Foot Bucket Truck per Hour 120 Foot Bucket Truck per Hour 40 Foot Bucket Truck Minimum # of Hours 60 Foot Bucket Truck Minimum # of Hours 80 Foot Bucket Truck Minimum # of Hours 120 Foot Bucket Truck Minimum # of Hours 09-5325 On-Call electrical Repairs and New Installations Page 8of8 16E7 Price to County 15% 10% $20.00/hour $45.00/hour $30.001 hour $30.001 hour $25.00/hour $55.00/hour $75.00/hour $120.00/hour $150.00/hour $250.001 hour '1 4 6 8 AT l~'DDIYYYYj PHMEL-1 12/04/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. t.-- f;-- I AUTe: (J~IL y EA ACCIDE~H I $ --~-r-------- EAAD-:: '$ N3':; $ $ 37000,000 1$ 3,000,000 :$ ACORD_ CERTIFICATE OF LIABILITY INSURANCE PRODUCER Al purmort Insurance, 3340 Bee Ridge Road Sarasota FL 34239 Phone: 941-924-3808 Inc. , I INSURERS AFFORDING COVERAGE Fax:941-924-8799 INSURED Ir6UPER .^ Ir-ISURER8 Cincinnati Insurance FCCI Insurance Group Professional Highway Maintenance Inc dba PHM Electric central Lighting 7250 61st street Pine1las Park FL Inc II,;::-,URER (' Supply 33781 IIJSlJREE:D INSUF'ER E COVERAGES THE POLICIE::' UF I~JSURA~JCE LlSTEO BELOW HAVE BEEr~ ISSUED Fl THE INSURED :JAMED Jl.80'/E 11)f;' THE paLler PEP!ljD INDICATED NOT\NlTHSTANDING N'l'i REQUIREMENT, lERM r}R 1:')NDITI0N OF ANY (O~JTRA~T OR (,THER 'J'XUMfONT "/liITH RESF'E.l~T TO WHICH THIS ('ERTIFICATE f....IA( BE IS::::.uf:.l) OR WAY PEP-:-AIN, ,HE iNSURANCe AFFOR['ED By ~HE PUlICii:S DfS_-PI8ED HE~~Elbl I::', SUBJECT ~(,,ill L THE TERMS E;zCU_:,-.IONO:: .A,NU V'NUITIO~b UF SUCH TT:Oll:~ES -Gf_'~-N'~R:A:'L~Ll:'A' ~B'O'''LFrTYIT:::r~:~~~'( HAVE BEEN F'E[:-tJCE;~::C::~~~:~:lS Ii 'DATE (MMIDDfYY) I,' DATE (MMlDDNY) ~ - ... -- _"0 LIMITS c c Ell,CH 0'. ::URRE~iCE A', X ~X '~OMr,lFpl-:I;::'i '-,Fr..JFRAi..IIA8ILrn CAP5172842 ! 12/01/09 12/01/10 ' " PS!~~!2.~S Ei!..'~curenc~) I I:L.tU"t:. M4DF ~ OCCUF I ME[J E>::P (Pny ')11'" per~()r,) ~ ----- PER::',ONA.L .5 AL'V I~JJl'Fe I---'~~ -. -., i:3E~JEf,'AL AGGF'EC,A.TE C -,-, L~~.'J~~~.~!S ,~OMF'/',r f~\"J:3 Emp Ben. A : GE~J'L AG'3PEGATE LIIVIT .APPLIES PER c.=" cc-; PRO, ~, I f-'C,L1l1 IX I JFCT I : LIY~ AlJTOMOBILE LIABILITY - I XtoNY,L\UTO ~ CAAS172842 12/01/09 COMBINE:) :';!WcLF LiMIT 12/01/10 (Ea asc'd"ntl I-~" - BODIL (' I~UURY (Prel per,')I.,) L,LL OWNED AI.HO;:; A :,CHEDULEO AUTOS i---,oi i IIRED ."L~OS q '"L~: WNCU~U=-~ _ GARAGE LIABILITY ~~ At~... AUTO EXCESS/UMBRELLA LIABILITY ~ '~":CUR D CLAIMS MADF: ! !xl' DEDUCTIBLE i rX.' PETE~mOr~ $ 0 WORKERS COMPENSATlON AND EMPLOYERS' LIABILITY toNY PROPRIElORIPARTNER/EXC:CUTIVE ! i)H leER/MEMBER EY/::LUDcU.) i IrY8S"jes';niRlHl,.jer I SPECiAL PROVISION:c; below ! OTHER I ! [',(JelL y l~jJUFY lP.;.raccld.ant) . F'R')PfRTY [-'tlJ,ol,o,C;E lP"'f ec:id8nt! I I l>IHcR IHfl,N AUTO ONL 1 : El\CH U'~' ;URf:,'t:~JCe 12/01/09 12/01/10 AI;GRE'c,,'\TE r----.~-~~ .~_..- CAP5172842 r.. Co NAlC # 10677 10178 $ 1,000,000 $ 500,000 '10,000 $1,000,000 .2,000,000 '2,000,000 1,000,000 $1,000,000 ....- , " I - I WC08A51219 04/29/09 I X h,)~\ LIMI'-rS I I EF 04/29/10 IEl EACHAC('IDUr $17000,000 1------..'" I EL DiSE,~,SE-E"Dv1;:'lOYEE! $1, 000 ,000 IE L DiSEASE - POV', LIMIT 1$ 1,000,000 B I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT { SPECIAL PROVISIONS REF: Contract # 09-5325 "On Call Electrical Repairs & New Installations" 0 Certificate holder is additional insured U CERTIFICATE HOLDER CANCELLATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLC03 NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO P Collier county Board of county Commissioners Lyn Wood 3301 Tamiami Trail East Naples FL 34112 ACORD 25 (2001!O8} ENT~VE ;") Y.... , @ACORDCORPORATION1988 16E 7 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer fights to the cerliflcate 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 fights 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 (2001/08) 16f7 MEMORANDUM Date: January 21,2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5325 "On-Call Electrical Repairs and New Installations" Contractor: AC Electric of SW FL, Inc. Attached is an original change order, referenced above (Item #16E7' approved by the Board of County Commissioners on January 12, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment ITEM No.:JD .. .p12-G~ 01 L1Ln FILE NO.: ,!..",;_ 16[', :. ,'.)ll"-,i1\/ t."ltlf\~~r:,RECEIVED: , \.1' ,,\l, I ;"'\ 1\_11 ,NLy ~ ?r:0 1',11" Pill!: 36 ....U,Vd'l. \,/ ROUTED TO: <:;tl-y{ Ow 1/.2I{IO "* C!1J~ C?v\-t- (bV> -r \0 Office of the County Attorney , . ) ~ ~ Colleen M. Greene, Assistant County Attorney (YVl \ ~ ,) n [, --/JA :~~:::!~:::~~:O::::::::pa~~:~ ,,,,a,,a,,o: f ;~~ I 0 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 12, 2010 To: From: Re: Contractors: E.B. Simmonds Electrical, Inc. lAC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. Professional Highway Maintenance, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on January 12, 201 0; Agendr~0 Item 16.E.7 ~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the 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: Jack Curran, Purchasing r f\ ~!.J\ ;I" /J;\ DS \ v \ 'l \ - 'C r 11 1...\\ \ 0 \ \ MEMORANDUM 16E7 TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department '-:1, "C'f'~ //i ~ . , DATE: January 12, 2010 RE: Review Insurance for Contract: #09-5325 "On-Call Electrical Repairs and New Installations" Contractors: E.B. Simmonds Electrical, Inc. .lAC Electric of SW FL, Inc. Bentley Electric Co. of Naples, FL, Inc. Gulf States Electric, Inc. Professional Highway Maintenance, Inc. This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.E.7 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 OATE RECEIVE!) I/I.N 1 3 2010 .li:f!!~ ///5'//0 C: Jack Curran, Purchasing mausen g l6E1 From: Sent: To: Cc: Subject: RaymondCarter Friday, January 15, 2010 2:43 PM CurranJohn mausen_g; GonzalesDamon; MarkiewiczJoanne; LynWood Contract 09-5325 "On-Call Electrical Repairs and New Installations" All, I have approved the certificate of Insurance provided by AC Electric of SW FL, Inc. for contract 09-5325 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 Under Florida Law, e-mail addresses are public records If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing 1 RLS# /tJ-;J,eC- /)/11'1'1 CHECKl~IST FOR REVIEWING CONTRACTS Entity Name: If,/ I' fLl'{!-r';'It!.. S UVfC't.. Entity name coneet on contract'? Entity registered with FL Sec. of State? '/Yes -L7 Yes 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 $ -z.. '^ I \... Products/CompVOp Required $ Personal & Advert Required $__ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Reqnired $ Z Mot L. Provided $ I t<A' L Workers Compensation Each accident Required $ ~l-L Disease Aggregate Required $ ~___ Disease Each EmpI Required $__ Umbrella Liability Each Occurrence Provided $_-LJ,o\.'L Aggregate Provided $---'c'--- Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_ Per Aggregate Required $ Other Insurance Each Occur Type: -'/Yes v'Yes _vYes --\<""".Ycs Provided $ -z... 11.1 \.- Provided $ II Provided $ ___L~J,.-__ Provided $ , ( Provided $ 3iJC; ~ ~ Provided $ Provided $ Provided $ I"^-I L " " No No 16E7 No _No No No Exp_ Date 'l/u, /,0 r I Exp. Date __~ Exp_ Date <---' Exp. Date ---'::::_ Exp. Date ...... Exp Date,? {-U.. {I 0 I Exp Date >[, I fD Exp Date LI_ Exp Date t ' Exp Date .-'4~ Exp Date LYes--=-,No 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? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? .--LL::. Yes _vYes vYes =:0es fJ \\>1 , .../ Yes .....\..LY es --I...L Y es Attachments Are all required attachments included? 6es Exp. Date Exp. Date _ Exp Date ___ ~No No No ~No Yes No Yes Yes No No No No No No No No No ~R~~-i~~e~ Initials: ~ Date: tl''lJ-iP,O 04-COA- 103 '/222 pag1 g2E 7 www.sunbiz.org - Department of State Home Contact Us EMFiling Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search I Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation AlC ELECTRIC SERVICE OF SOUTHWEST FLORIDA, INC. Filing Information Document Number P98000032016 FEI/EIN Number 593502804 Date Filed 04/06/1998 State FL Status ACTIVE Principal Address 5815 WASHINGTON #103 NAPLES FL 34109 Changed 01/29/2001 Mailing Address 6017 PINE RIDGE ROAD #244 NAPLES FL 34119 Changed 03/05/2002 Registered Agent Name & Address CARLONE, ANTHONY 6017 PINE RIDGE ROAD #244 NAPLES FL 34119 US Address Changed: 03/23/2007 Officer/Director Detail Name & Address Title DP CARLONE, ANTHONY 6017 PINE RIDGE RD., #244 NAPLES FL 34119 Title DVP CARLONE, LORRAINE 6017 PINE RIDGE RD" #244 NAPLES FL 34119 Annual Reports http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?action=DETFIL&inq_ doc _ number= P98000... 1/1 9/20 1 0 www.sunbiz.org - Department of State Report Year Filed Date 2007 03/23/2007 2008 02/14/2008 2009 04/22/2009 Document Images 0412212009.. ANNUAL REPORT I 02/14/2008.. ANNUAL REPORT [ 03/2312007 .. ANNUAL REPORT [ 03/23/2006.. ANNUAL REI"ORT [ 03104/2005.. ANNUAL REI"ORT I 04/29/2004.. ANNUAL REPORT [ 05/13/2003.. ANNUAL REPORT [ 03/05/2002 -. ANNUAL REPORT [ 01/29/2001 .. ANNUAL REPORT I 02103/2000.. ANNUAL REI'ORT [ 02/24/1999.c ANNUAL REPORT [ 04106/1998 -- Domestic Profit View image in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF formal View imaga in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. .12reyiousQJJ_L.ls_t tII"-)(lonList No Events No Name History I H(,!':"" ! Return To List Ill'; '11T>:'l11 I J J I ] I ] I ] ] I J I [lil;:l(: S,. ,,"c,"; r i- ,J!IT:~, ; 1;(,11) UVr;"iH ',ilV1 l'ri'idlY [")II(,k'<; (,)n'I'(:lil ): ;)i ~,I;Jt(, cI I:.;'id,), l)CIJdr(rU}n\ d Page 2 of2 16E Entity Name Search r Submiil http://ccfcorp.dos.state.fl.us/scripts/cordet.cxc?action=DETFIL&inq.. doc ..num ber= P98000... 1/19/2010 for 16E] A G R E E MEN T 09-5325 On-Call Electrical Repairs and New Installations THIS AGREEMENT, made and entered into on this 12 ~ day of J~......) , 20 '0. by and between AIC Electric Service of Southwest Florida, Inc., authorized to do business in the State of Florida, whose business address is 6017 Pine Ridge Road, Suite 244, Naples, Florida 34119, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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 Contractor shall provide on-call electrical repairs and new installations in accordance with the terms and conditions of Bid #09-5325 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work. Page] of8 The Contractor shall supply the County with an emergency on-call telephone ~~! 7 and the same (or different telephone number) for routine repairs/new installation. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: A/ C Electric Service of SW Florida, Inc. 6017 Pine Ridge Road, Suite 244 Naples, FL 34119 Attention: Anthony Carlone, President Telephone: 239-597-1789 Facsimile: 239-597-8406 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09-5325 On.Call electrical Repairs and New Installations Page 2 of8 Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 16E} 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 Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09.5325 On.Call electrical Repairs and New Installations Page 3 ofS 16El for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This 09-5325 On-Call electrical Repairs and New Installations Page 4 of8 J6E 7 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 aT''' :,cident arising from the sole negligence of Collier County. 13. LvNTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presFntly has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be e);)l'loyed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09-5325 Specifi- cations/Scope of Services, Addendum and Exhibit A, Rate Sheet. 16. 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. 17. 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. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreem.>nt. 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 USe. 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. 09-5325 On-Call electrical Repairs and New Installations Page 5 of8 16E7 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 09-5325 On.Call electrical Repairs and New Installations Page 6 of 8 16E7 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. B: Da ed: . ).1 ',Q', ~L, tiftMI~4r1 \ ItQnat"r~ GO, . -'/':"/ . "r :.' ! Clerk of Courts ~tk~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA III I By: ~ ^ N.>-Yr1A- ,;}; <1j{ "Donna Fiala Chairman ~st~tn2~ j(:):se O\\\Jf\C, t))fe/printwitnAsnnamet ~ dik ~OAA(lA(3 Second Witness f' \ lC:S \rro e--cl\C \q tType/print witness namet By: of S.W. Florida, Inc. AI\lT1iOA.1~ CA lZ.~. f)r<.CSJOaU. t Typed Sigl ature and title ' Approved as to form and l~iLRJ~ A!:!:i!:taflt County Attorney b4>.,..J-y ,s CDJI (2/eAeL Print Name Item # Ibn Agenda \ \ '2.-' \0 Oale ~ Deputy 09.5325 On.Call electrical Repairs and New Installations Page 70f8 EXHIBIT A Rate Sheet Items Material % Markup (material + % markup = price to County) Sub-contractor % Markup (subcontractor cost + % markup = price to County (note: use of subcontractors are limited to no more than 20% of the entire work) Ditch Witch per Hour (Upon arrival at site) Journeyman Electrician per Hour (straight time) Apprentice Electrician per Hour (straight time) Electrician's Helper per Hour (straight time) General Laborer per Hour (straight time) Bucket Truck Operator per Hour (straight time) 40 Foot Bucket Truck per Hour 60 Foot Bucket Truck per Hour 80 Foot Bucket Truck per Hour 120 Foot Bucket Truck per Hour 40 Foot Bucket Truck Minimum # of Hours 60 Foot Bucket Truck Minimum # of Hours 80 Foot Bucket Truck Minimum # of Hours 120 Foot Bucket Truck Minimum # of Hours 09.5325 On-Call electrical Repairs and New Installations Page 8 of8 16E7 Price to County 15% 10% $45.00jhour $55.00jhour $45.00jhour $40.00jhour $40.00jhour $55.00jhour $65.00jhour $75.00jhour $75.00jhour $100.00jhour 4 4 4 4 l6[ Client#: 65002 ACESE ., ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DONVYfi 12/04/2009 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 INSU RERS AFFORDING COVERAGE NAIC# INSURED INSURER A Amerlsure Insurance Company Ale Electric Service of INSURER B: Brtdgefleld Employers Insurance Southwest Florida, Ine INSURER c: 6017 Pine Ridge Road 11224 INSURER D: Naples, FL 34119 INSURER E: 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 CONDlTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~ POUCY EFFECT ~ TYPE OF INSURANCE POUCY NUMBER A ~NERAL LIABILITY GL206333900 07/26/09 X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE [!J OCCUR X I T~"J:~I.'i~ I IOJ~- E.L. EACH ACCIDENT $1 000 000 n. DISEASE _ EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1 000,000 COVERAGES P~~~ EXPIRATION 07/26/10 EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any ona parson) A - ~'L AGGRE~ ,LIMIT AP~S PER: I POLICY I I r;~8i I I LaC ~TOMOBILE LIABILITY !... ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS ~ HIRED AUTOS !... NON-OWNED AUTOS PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 07/26/10 CA206333700 07/26/09 COMBINED SINGLE LIMIT (Eaaccidanl) BODILY INJURY (Per parson} BODILY INJURY (Peraccidenl} PROPERTY DAMAGE (Peraccidanl) ~GE LIABILITY I ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY A CU206334000 07/26/09 07/26/10 EACH OCCURRENCE AGGREGATE ~E_SSAJMBRELLA LIAEUUTY XJ OCCUR D CLAIMS MADE I DEDUCTIBLE xi ~ETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' L1ASILlTY ANY PROPRtETOR/PARTNERIEXEClJTIVE OFFICER/MEMBER EXCLUDED? 03/01109 03/01/10 83037551 tfyas,dascribaunder SPECiAl PROVISIONS b~ow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCWSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract: 1109-5325 "On Call Electrical Repairs & New Installations '30 Day Notice of Cancellation Except 10 Days for Non Payment Collier County Board of County Commissioners is Named as Certificate Holder and Additional Insured on a primary basis as respects to General Liability Only as needed by contract, per form CG7048 0304. Excess Liability Is Above Primary Policies. CERTIFICATE HOLDER CANCELLATION 10 Davs for Non-Pavment LIMITS $1 000000 $300 000 $10000 $1 000 000 $2 000 000 $2 000 000 $1,000,000 , EAACC $ AGG $ $1 000000 $1 000000 $ $ $ Collier County Board of County Commisioners 3301 Tamiaml Trail E Naples, FL 34112 SHOULD ANY Of THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....30..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES_ 7)Z;;EP;:'E~TA;V; _ . j ACORD 25 (2001108) 1 of 2 IIS388227/M368997 WA '" ACORD CORPORATION 1988