#09-5197 (APAC-Southeast, Inc.)
A G R E E MEN T 09-5197
for
Annual Contract for Roadway Contractors
THIS AGREEMENT, made and entered into on this ;;2.3r4 day of C }uV)t' J , 2009, by
and between AP AC-Southeast, Inc., authorized to do business in the State of Florida, whose
business address is 14299 Alico Road, Fort Myers, Florida 33913, hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "Owner" or "County":
WIT N E SSE T H:
1. COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing on
Ju.V\ /' Z3 2occ1, and terminating on . !t..U'l e... 2.2.. ?_L; i 6 . 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 three (3) additional one (1) year periods. In no
event, including renewal options, shall the Agreement exceed four (4) years. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms
and conditions contained in this Agreement for up to one hundred eighty (180) days. The
County shall give the Contractor written notice of the County's intention to extend the
Agreement term not less than ten (10) days prior to the end of the Agreement term then in
effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
pre-qualified and awarded a Contract to each firm. Each awardee will enter into an
Agreement to provide complete services on an as-needed basis as may be required by the
Owner in accordance with the terms and conditions of RFP #09-5197 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.
The execution of this Agreement shall not be a commitment to the Contractor that any work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation
of the Quotation procedure outline in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement and that procedure during the term and
any extension of the term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the
Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall
respond with the information sought within seven (7) working days. For projects with an
estimated cost up to Two Hundred Thousand Dollars ($200,000) or less, the Owner shall
Page I of8
obtain written proposals from at least three (3) or more of the selected firms, negotiate
favorable project terms and conditions, and issue a numbered Work Order, signed by the
Department Director to initiate the projects. These quotes may be obtained electronically via
the On-Line Bidding System. Completion time and the collection of liquidated damages may
be specified in the Quotation and a Performance Bond may be required. A Certification of
Final Completion will be required by the County in order for the Contractor to receive final
payment.
For projects with an estimated cost over Two Hundred Thousand and One Dollars ($200,001)
to Seven Hundred Fifty Thousand Dollars ($750,000), competitive quotes shall be solicited
from at least three (3) of the selected firms. The completion time and the collection of
liquidated damages may be specified in the quotation. The Contractor shall respond with the
information sought within seven (7) working days. The County may negotiate favorable
project terms and conditions, and issue a numbered Work Order to initiate the projects. A
Performance Bond shall be required when projects exceed $200,000. The Contractor shall
provide the Performance Bond within seven (7) working days after notification of award of
the project. A Certificate of Final Completion will be required by the County in order for the
Contractor to receive final payment. Staff recommendations will then be submitted to the
County Attorney and Board of County Commissioners for approval
In each Request for Quotation, the Owner reserves the right to specify the period of
completion and the collection of liquidated damages in the event of late completion.
Failure by Contractor to quote work after the third request may result in the Contractor being
removed from the Contract.
3. THE CONTRACT SUM: 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. 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 upon approval by the Project Manager or his designee, and in
compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the
County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-
mail, or by the United States Postal Service Department, first class mail service, postage
prepaid, addressed to the following Contractor's address of record:
5. 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.
6. 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:
Page 2 of8
AP AC-Southeast, Inc.
14299 Alico Road, Fort Myers, FL 33913
Phone: 239/267-7767
Fax: 239/267-1336
Attention: Charles F. Potts, Jr., Vice-President
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
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.
7. 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.
8. PERMITS: LICENSES: T AXES. 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.
9. 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
Page 3 of8
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.
10. 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 for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. 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 thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all Subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
Page 4 of8
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Engineering and Construction Management Department.
15. 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.
16. 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:
RFP 09-5197 Annual Contract for Roadway Contractors; Contractor's Proposal, and Insurance
Certificate.
17. 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.
18. 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.
19. 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
Page 5 of8
constitute a breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the Contractor extending the pricing, terms and conditions of this
Agreement to other governmental entities at the discretion of the Contractor.
21. 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.
22. 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.
23. 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.
24. KEY PERSONNEl/PROJECT STAFFING: The Contractor's personnel and management to
be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to insure that
competent persons will be utilized in the performance of the Agreement. Selected Contractor
shall assign as many people as necessary to complete the Work Orders on a timely basis, and
each person assigned shall be available for an amount of time adequate to meet the dates set
forth in the Project Schedule. Firm shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/ or experience (2) that the County is notified in writing as far in advance as
possible. Firm shall make commercially reasonable efforts to notify Collier County within
seven (7) days of the change. The County retains final approval of proposed replacement
personnel.
Page 60f8
25. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The
Contractor shall employ people to work on County projects who are neat, clean, well-
groomed and courteous. Subject to the American with Disabilities Act, Contractor shall
supply competent employees who are physically capable of performing their employment
duties. The County may require the Contractor to remove an employee it deems careless,
incompetent, insubordinate or otherwise objectionable and whose continued employment on
Collier County projects is not in the best interest of the County.
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
-'-
Page 7 of8
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~NTY' FLORIDA
~.d~
By:
Donna Fiala, Chairman
ATTEST:
,
Dwight E. Brocl~, Clerk of Courts
j (1 J\'"
AP AC-Southeast, Inc.
Contractor
~, -
FirstWi~
---'
By: att)l~
SIgnature
JiL/~ N ~/,.,mfYpI /HJ
tType/ print witness namet
~~~
Second Witness
t!. /Z4;l. l,u IE {3 ~(/ E I-i nr 12-
tType/print witness namet
i' ~.t', ~ ,c: ~..s: fA. Vet" J1.slt:Jrii7T
,
Typed signature and title
Approved as to form and
legal sufficiency:
C~ J1!kr~
Assistant County Attorney
Colleen M .(;reefJL
Print Name
Page80f8
Certificate of Insurance
THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
This is to Certify that
I APAC Southeast, Inc.
I
Libertx
Mutual@
I Fort Myers
FL 33913
NAME AND
ADDRESS
OF INSURED
~
14299 Alico Road
is, al the ,ssue dale ofthis certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their lerms, exclusions and
Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued.
EXP DATE
TYPE OF POLICY o CONTINUOUS POLICY NUMBER /~lIT OF LIABILITY
o EXTENDED
III POLICY TERM
WORKERS W A? -C8D-004095-028 COVERAGE AFFORDED UNDER WC EMPLOYERS LlABILlTY__ ~'
9/1/2009 LA W OF THE FOLLOWING STATES:
COMPENSA nON WC? -C85-004095-0 18 ALL STATES EXCLUDING Bodily l'!k~ry by Accident '-r-
MONOPOLlSTICS STATES AND 1 000 000 Each Accident
NY Bodily Injury By Disease
OR,WI $1.000000
Bodily Injury By Disease
!& 1 000 000 "0"" D__
GENERAL LIABILITY 9/1/2009 TB2 -C85-004095-118 General Aggregate--Other than ProduCls / Completed Operations
$2 000 000 ~'
[iJ OCCURRENCE Products / Completed Operations Aggregate
- $2 000 000 /
o CLAIMS MADE Bodily Injury and Property Damage Liability .-?"" '\
It? nnn nnn CP~r Occurrence 'I
I RETRO DATE I Personal Injury
Included* Per Person I Organization
0,~e6Iuded in BI/PD Liability Ft'F"rRE DAMAGE $100,000; PER
AUTOMOBILE 9/1/2009 AS2-C85-004095-128 Each Accident-Single Limit ..---..
LIABILITY $2,000,000 B.L And P.D, Combined J-'
o OWNED Each Person
o NON-OWNED Each Accident or Occurrence
o HIRED Each Accident or Occurrence
OTHER Auto: Comp Oed $10,000/ColI Oed $10,000
EVIDENCE OF COVERAGE
ADDITIONAL. COMMENTS
Certificate holder is named as additiotial insured.
'If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS
AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
IMPORT ANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT
THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER
RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER.
NOTICE OF CANCEL.L.A TION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT C.(\~CEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST ;;SU DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual
Insurance Group
I
Collier County Board of County
Pittsburgh / 0387
Commissioners 12 Federal Street, Ste. 310
3301 E. Tamiami Trail Pittsburgh PA 15212-5706 412-231-1331
L Naples, FL 34112 ~ OFFICE PHONE
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies
I
tj~~
Judith Balazentis
AUTHORIZED REPRESENT A TIVE
~
~ t
d
u
04-22-09
DATE ISSUED
NM772
RLS # Oq - ~It~ - () 1::13.1)
CHECKLIST FOR REVIEWING CONTRACTS
/tPA(!,. - ..:J(!>tI {IdA!;' -r, I IV C!.,
,
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 $ 7' iI-l\L
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ :? M t l
Workers Compensation
Each accident Required $ \ ,^^l L.
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
Entity Name:
Entity name correct on contract?
Entity registered with FL Sec. of State?
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?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
----LY es
\,,/Yes
~Yes
~Yes
Yes
~Yes
Provided $ '2 M l L.
Provided $ i \
Provided $ \ ,
Provided $ I '
Provided $ , tJD} Of) 0
Provided $ z. lA \ L
Provided $ i M t L.
Provided $ \ ,
Provided $ I .
Provided $
Provided $
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
Exp Date
Yes
Exp, Date
Exp. Date
No
No
VNo
No
Exp. Date (ii, I fJCf
Exp. Date I I
I. (
Exp. Date \ (
Exp. Date t (
Exp, Date ( ,
Exp Date o..j I I 0<'(
(
Exp Date ({{,ID"
Exp Date ( (
Exp Date I,
No
No
No
VNo
No
No
No
~
No
Attachments
Are all required attachments included?
Provided $
V Yes
---1L- Y es
V Yes
Yes
Yes
Yes
Yes
-LYes
~Yes
~Yes
~Yes
~Yes
v Yes
V Yes
~Yes
No
No
No
No
No
No
Exp Date_
No ~
ReViewer Imtials:
Date:
04-COA-Ol 30/ 22
POWER OF ATTORNEY _ 2009
Power or Attorney executed by APAC-Southeast, Inc., (the 'Company"), relative to its operations.
KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the authority granted in resolutions adopted
by its Board of Directors on October 1, 1981, the Company, acting by and through its duly elected and qualified
President, John H. Skidmore, does hereby authorize the following trade names and grants the follOWing authority
to the persons herein designated, subject to the limitations herein set forth, as follows:
A. DEFINITION~
The following terms shaH have the indicated meanings in this Power of Attorney:
The ComDan~ shall mean APAC-Southeast. Inc., a Georgia corporation, which includes business
operations of the Company conducted under and by, and the assets and properties or the Company managed by,
the various units and divisions whose trade names are hereinafter generaHy described.
Contract Documentll shaH mean any and all bids, proposals, agreements, instruments, contracts. bonds,
releases. satisfactions, labor and payroll affidavits and reports, periodic and final estimates, consents to the
releases or retained percentages and the payment of final estimates, and aN other documents. writings, consents or
repona neceseary or requisite to the imJllementation of any of the fotegoing docwnents herein defined that shall be
related to, connected with or arise out of the regular and ordinary business activities of the Company.
OffIc.... shall mean persons from time-tt>-time designated by the Company as such officers or the
Company.
Authorized EmDl~ and A..istant Secretariee shall mean persons designated from time to time as
such by the Company or by any two Officers as hereinafter set forth.
B. AUT H 0 R I ZED T R A 0 E N A M E ~
The activities and operations of the Company may be carried on in any of the following manners or styles
as may from time-tt>-time be deemed necessary or appropriate:
Alabama Division, APAC-Southeest, Inc..
Ballenger Paving Division, APAC-Southeaat. Inc.
Central Florida DIvision, APAC-Southeaet, Inc.
First Coast Division, APAC-Southeaet, Inc.
Gulf Coaet DI"'-Ion, APAC-8outheaet, Inc..
Major Projects Group, APAC-9outheaet, loe.
Southern Florida Division, APAC-8outheast, Inc.
C. AUTHORIZED ATTORNEYS
I. OFFICER~
The following persons are hereby designated OFFICERS of the Olmpany and are hereby made,
constituted and appointed the true and lawful attorneys of the Company for the purposes and subject to the
limitations hereinafter set forth, to act in its name, place and stead in the matters hereinafter mentioned:
~
John H. S/ddmon,
Guadalupe Atanda
Steven C. Ayers
Gregory P. Baier
Ken Barber
David M. Church
Hany S Curtin
Ql!!g&
President
Vice PresldentIAsst Sec.
VIOe President/Asst. See.
Vice President/Asst. Sec.
VICe President/Asst. Sec.
Vice PlllSldentlAsst. Sec.
Vice PresidenVAsst. Sec.
~
R Glenn Phillips
Charles F. Potts, Jr.
Robert Royal
James A Strain, Jr.
John W. Taylor
Brut Thornton
Creed Jackson Williams
Q!l1a
VICe PresidentlAsst. Sec.
Vice President/Asst. Sec.
VI08 PresidentlAsst Sec.
VIO!l PresidenVAsst. See.
VIO!l PresK1entIAsst. Sec.
VICe PresldentIAsst Sec.
Vice President/Asst. See.
Sam W. HeacI, Jr.
Raymond J. Hit
John R. Hooper
Je1fery l. Janeway
Timothy G. Mullendore
David M. Murphree
Sean T. O'Sullivan
Tunstan B. Perry N
Vice President/Ass!. Sec.
Va President/Asst. Sec.
Va PresidentJAsst. Sec.
VI(l8 PresidentJAsst. Sec.
VICe PI1lSidentJAsst. Sec.
VICe PresidentlAsst. Sec.
VIC8 PresidentlAsst. Sec.
Vice PresidentlAsst. Sec.
Charles Brown
David Anthony Donofrio
Robert Delisle
Jennifer K. Edwards
Michael R. Halpin
Kenneth C. Laing
David A. South
TreaSurer/Assl.Sec.
Secretary/Asst. Treas.
Ass!. SecJAsst. Treas.
Asst. SecJAsat Treas.
Asst. SecJAssl Trees.
Assl SecJAsst Treas.
Asst. SecJAsst Treas.
The following persons are hereby designated OFFICERS solely for the purposes of executing and
attesting various corporate documents, tax returns, affidavits, and similar such instruments as may be necessary
from time to time:
William B. Miller
Alan Monaghan
Michael F. Deaton
M. Craig Hal
Heather E. Harper
Gary P. Hidcman
David C. Lewis
Deborah l. Murphey
Michael G. O'Drisc:oI
David M. Toolan
Administrative VIC8 President/Asst. Secletary
ASSl Treas.lAsst. Secletary
Assistant Secretary
Assistant Secretary
Assistant Seaetary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
II. AUTHORIZED EMPLOYEES
The following pefSOIlS are hereby designated AUTHORIZED EMPLOYEES of the Company and aU are
hereby made, constituted and appointed the true and lawful attorneys of the Company for the purposes and subject
to the limitation hereinafter set forth, to act in its name, place and stead:
Jeffrey R. Andrews
Anita M. BmgsIey
JllI'I'les R. Boterf
John S. Bramonte
Jeny L Crisp
Ricky D. Cross
John J. Davis
David Denison
Joseph F. Donaruma
Jeny Ray Doss
Bobby J, Dykes
Doug Eckhoff
Jerry F. Fletcher
Chal10tlll S. Garvin
Lisa S. Haber
R Delane Hartzog
Gerald Hoffman
Ridt E. Jarvis
G. Michael Johnson
Craig Ketron
CIiIrord B. LJItta 1/1
TIIl'lOthy B. Mayhall
Patrick B. McKnight
WIlliam R. NowaJl:
Michael Palumbo
Grant G. Peterson
Matthew A. Phillips
SlINen Schauer
John D. Smith
JefITey M. Snyder
Kenneth W. SWeet
Carl J. Thompson
John A. Wabr
John a Wilson
III. ASSISTANT SECRETARIES
Any and all Contract Documents of the Company which may be signed or executed pursuant to the
powers of attorney herein granted to the Offlcers and Authorized Employees hereinbefore named may be attested
on behalf of the Company and the Company's COf'pOrate seal may be affixed thereto by any one of the following
named persons, each of whom is hereby designated an ASSISTANT SECRETARY of the Company for the Hmited
purposes stated herein:
Anita M. Billingsley
Mark K Blair
Charles J. Blinne
Linda A. Bradley
Roma M. Carpenter
Jeremy R Christopher
Ricky D. Cross
Jerry Ray Doss
Judith M. Fletcher
Charlotte S. Garvin
I. OFFICERS
Steven M Graycheck
Cynthia l. Hall
Kathy Hambleton
R. Delane Hartzog
Melinda Lewis
Doramelia M. Martin
Dona D. Oliver
Marizabed Perez
Grant G. Peterson
Carmine Restino
Rodolfo Reyno
PameIia M. Sahr
Joan Schuh
Alan L. Scott
Tracy L. Shores
James H. Stem
Ashley Turner
John G. Walker
D. EX E C U TI 0 N 0 F DOC U MEN T S
2
Each of the Officers hereinbefore named is hereby given and granted the right, power, and authority to
sign. execute and deliver on behalf of \he Company any and all Contract Documents and each of said attorneys on
behalf of the Company may do aU other acts and things requisite or necessary in respect of the signing, execution
or delivery thereof; and all that its said attorneys, and each of them, shall lawfully do or cause to be done by virtue
of the authority and power herein granted is hereby ratified and confirmed by the Company.
II. AUTHORIZED EMPLOYE~
Each Authorized Employee hereinbefore named is hereby given and granted the right, power and authority
to sign, execute and deliver on behalf of the Company any and all Contract Documents relative to the offering to
perform or to the perionnance of wot1(, and said attorneys on behalf of the Company may do all other acts and
things requisite or necessary in respect of the signing, execution or delivery thereof; and all that Its said attorneys,
and each of them, shall lawfully do or cause to be done by virtue of the authority herein granted is hereby ratified
and confirmed by the Company.
III. CHANGE IN AUTHORIZED EMPLOYEES & ASSISTANT SECRET ARfE~
Any two of the aforesaid Officers acting together may from time-to-time grant further powers of attorney
designating any person or persona in the employ of the Company as an Authorized Employee or Assistant
Secretary and may at any time withdraw from any Authorized Employee or Assistant Secretary the designation as
such, with or without cause, and such person shall thereafter no longer have the authority of an Authorized
Employee or ASSistant Secretary under this instrument Said 0Ificers may also in connection with the granting or
withdrawing of the designation of an Authorized Emptoyee or Assistant Secretary from time-to-time add to the lists
of Authorized Employees and Assistant Secretaries on this instrument the names of those employees granted SUCh
designation and delete from such list the names of those whose designation has been withdrawn.
IV. ADDITIONAL UMfTED POWERS OF ATTORNEY
Any two Officers acting together are hereby made, constituted and appointed the true and lawful attorneys
of the Company for the purpose of granting further powers of attorney authorizing any person or persons in the
employ of the Company to execute Contract Documents on behalf of the Company.
E. BINDING EFFECT
Any and aft of the aforesaid Contract Documents and all other documents styled, executed and attested
pursuant to the authority hereinbefore granted shall be valid, lawful and binding upon the Company in accordance
with the tenns and conditions of the document or documents so 8Xea.rted and attested; provided, however, that
nothing herein contained shall authorize any person authorized to act hereunder to underwrite, warrant, endorse, or
guarantee the debt. performance, obligation or any other undertaking of any kind or desaiption of any third party or
parties.
The Power of Attorney and authority hereby granted and confirmed upon the said Officers, Authorized
Employees and Assistant Secretaries shaH continue in full force and effect through December 31, 2009.
IN TESTIMONY WHEREOF, the Company has caused this instrument to be executed by Its President and
attested to by its SecretarylTreasurer, and its COI'pOIate Seal to be hereto affixed, effective the 1st day of January
2009.
ATTEST:
--J-*s~,
'. )
David Anthony Donofrio. Secretary/ANt. Treasurer
c@7m
State of Flonda
COUnty of Pasco
55:
3
The undersigned Notary Public. d~ ~lified, com~iSsioned, swom and acti!1Q in and for the county and
state aforesaid, hereby certify that on this ~~ day of __\111 t.-l1.c ~ 2002( there personally appeared
before me. John H. Skidmore. President of the Com ny, and David Anthony Donofrio. Secretary/Asst.
Treasurer of the Company, and each. personally known to me to be !hat person and designated Officer of the
Company who signed said instrument on behalf of said corporation and being by me duly sworn. did acknowledge
and say to me that he did so sign, seal and deliver said instrument in the name and on behalf of said corporation as
such designated Officer, that the same is the free and voluntary ad and deed as such designated Officer and the
free and voluntary act and deed of said COIpofation for the consideration. uses and purposes therein mentioned;
that he is duly authorized thereunto by the Board of Directors of such corporation; and that the seal affixed to said
instrument is the corporate seal of such corporation.
J 'aSTIMONY WHEREOF, I have hereunto set my hand and official notarial seal this;;J()~ay of
J.'j1~....- .2OOi' (1 I o. i. fijf
\\I'111111If',I, ~
~"\\\ CYNrl/."'~/. My Commission Expires:
[Notary Seal) $-~ ........... 'tf( ~~
;:::... .".....'( COAlAfI8.n.. . I~
~ . ~ iJ. u;O..., ~
~ ~ .-- ~~em 191" ~ _. "?: ~
::C5: ~~~r-=
::;;1. , Or.) .". =
=:D";r: ~ 0 "'::50 =
~ -< l=- ~6)" ~ lJ1: ~
~~.~"'<S. ~&l . ~
~~...~~hltu C9 .... ~
~'Ct ..,,~~ ..- ~
""~ .s'h;;.......~~'t- ~
"""'l: OF Fl\J" '1\"""
11'111'" I III "II'\:
4
MEMORANDUM
TO:
FROM:
Ray Carter
Risk Management Department V
Rhonda Cummings, FCCN, CPPB, Contract Specialist ~/
Purchasing Department j" r/ n AA
, 'L If,fY' " (T
June 24, 2009 r
DATE:
RE:
Review of Insurance for Contract: #09-5197 "Annual Contract for
Roadway Contractors"
Contractor: APAC-Southeast, Inc.
This Contract was approved by the BCC on June 23, 2009; Agenda Item
16.B,2
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941,
Thank you.
dod/RC
c: Dan Hall, TECM
DATE RECEIVED
JUN 2 5 2009
RISK
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, June 26, 2009 8:36 AM
CummingsRhonda
Hall Daniel; mausen_g; DeLeonDiana
09-5197 "Annual Contract for Roadway Contractors
All, I have approved the Certificate of Insurance provided by APAC-Southeast, Inc for contract 09-5197, The Contract will
now be forwarded to the County Attorney's Office for their review,
Thank you,
Ray
~ Cah.t.ch.
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
I
Www,sunbiz.org - Department of State
Page 1 of3
" /"
F LOR I DAD E PAR T MEN T 0 F S TAT E f~ ~JJ "," > , " /1/~''1! ,
D 1\ 1 S 10:1 111 COR P 0 R \ r I 0 \ \ In;".' ";"'~~,' "f .
Home
Contact Us
E-Filing Services
Document Searches
Forms
Help
Previous on List
Next on List Retl.lrl'LTol.,J$t
Events
Name History
IEntity Name Search
Submit I
Detail by Entity Name
Foreign Profit Corporation
APAC-SOUTHEAST,INC,
Filing Information
Document Number P25884
FEIIEIN Number 581401468
Date Filed 09/01/1989
State GA
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 04/03/2003
Event Effective Date NONE
Principal Address
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Changed 04/18/2008
Mailing Address
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Changed 04/18/2008
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324-2525 US
Name Changed: 09/14/2006
Address Changed: 09/14/2006
Officer/Director Detail
Name & Address
Title PRES
MULLENDORE, TIMOTHY G PRES
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title TRSR
BROWN, CHARLIE TRSR
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title SEC
http://www,sunbiz.org/scripts/cordet.exe?action= D ETFIL&inCL doc _number= P25 8 84&inq". 5/29/2009
www.sunbiz.org - Department of State
Page 2 of3
DONOFRIO, DAVID ANTHONY SEC
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
TitleVP
ASHMORE, RONALD C VP
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title DIR
KEATING, JOHN J DIR
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title DIR
MERGENS, RICHARD DIR
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Annual Reports
Report Year Filed Date
2008 04/18/2008
2008 09/03/2008
2009 03/23/2009
Document Images
03/23/2009 -- ANNUAL REPORT
Q9/0:1/2QQ8...~=.A.NNUAL...REPORJ
04/18/2008 -- ANNUAL REPORT
0.3/2El/2007..=~_ANNUAL...REPQRI
0.911A/2006~~ Reg. AgenLCh<30ge
01/03/2006 -- ANNUAL REPORT
1..1./3()/2005...~~_..Reg...Agent..CJ)<3Qge
05/05/2005 =~J~eR-AgenLC_b9.nge
QllJ()/2Q05...-=ANNUAL.REPOH.I
01/21/2004 -- ANNUAL REPORT
09/30/2003=- ANNUAL REPORT
08/1112003==ANNUALREPORI
04/0 :t/2003 _~::.N;:l.meCb<3J:lge
03/05/2003 -:ANNUALREf'QRI
03/05/2002 -- ANN UALREPaRT
031Q1/2001_~~__ANHLJ.AL REPORT
02/ZEl/2000n~=.ANNUAL REPORT
0310:l/1999==ANf',JUAL REPORT
02116/1998:: ANNLJALREPOBI
02/03/1997 -- ANNUAL REPORT
02/09/1996 -- ANNUAL REPORT
04/1s/1995 == ANNUAL REPORT
,--
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 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 PDF format
View image in PDF format
View image in PDF format
View image in PDF format
http://www.sunbiz.org/scripts/cordet.exe?action= D ETFIL&in~ doc _ number= P25 884&inq". 5/29/2009
www.sunbiz,org - Department of State
Page 3 of3
I Note: This is not official record. See documents if question or conflict.
Previous on List
Next on List Return To List
Events
Name History
IEntity Name Search
Submit I
I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I
Copyright and Privacy Policies
Copyright If! 2007 State of Florida, Department of State.
http://www, sunbiz.org/ seri ptS/ eordet. exe ?aetion= D ETFIL&inCL doc _ number= P25 8 84&inq,.. 5/29/2009