Backup Documents 06/23/2009 Item #16B 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING suJ 6 8 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Plint on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otllee. The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Iloard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routin!! lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, Deputy County Attorney County Attorney SRT 6-29-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bec approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statT for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only aner the Bee has acted to approve the
item.)
Name of Primary Staff Rhonda Cummings, Contract Specialist Phone Number 8941
Contact
Agenda Date Item was 6-23-09 Agenda Item Number 16.B.2
Approved by the BCC
Type of Document Contract #09-5197 Number of Original Two
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and a11 other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are.time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines'
The document was approved by the BCC on 6-23-09 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
SRT
N/A (Not
A licable)
2.
3.
4.
5.
6.
SRT
SRT
SRT
SRT
SRT
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 224.05
09-PRC-01235/2
MEMORANDUM
Date:
June 30,2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5197: "Annual Contract for Roadway
Contractors"
Contractor: Quality Enterprises USA, Inc.
Enclosed is one original contract, referenced above (Agenda Item
#16B2), approved by the Board of County Commissioners on Tuesday,
June 23, 2009.
The second contract will be kept in the Minutes and Records Department
as part of the Board's permanent records.
If you should have any questions, please contact me at 252-7240,
Thank you.
Enclosure (1)
16B 2
l6a 2
A G R E E MEN T 09-5197
for
Annual Contract for Roadway Contractors
THIS AGREEMENT, made and entered into on this .23;-..:>(day of J4V1 CL , 2009, by
and between Quality Enterprises USA, Inc., authorized to do business in the State of Florida,
whose business address is 3894 Mannix Drive, Suite 216, Naples, Florida 34114-5406,
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.t'\f' 2.."3 Zed!' and terminating on ~j,.,-Y)~__22 2.0 I D. 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 10f8
168 2
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
iniormation 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
16.8 2
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216, Naples, Florida 34114-5406
Phone: 239/435-7200
Fax: 239/435-7202
Attention: Louis J. Gaudio, 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, Purchasingl 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: 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.
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
168 2
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.
Ie.
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
160 2
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
Certifica te.
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
Page5of8
16B 2
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/PROTECT 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 6 of8
168 2
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.
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Page 7 of8
168 2
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: c
D~
\..".-.
By- .'.~ ..' .., " ",
Dat.xl: _~._~ ~ .-=: - - - --
..*)bt....... .
s 1 on~Oft'i.~,'
.. ,,~~ : l" _~ '. ;.1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
tJ. (;1
i (
I ' I, - /)
By: . ~rrl",^- c>'~
Donna Fiafa, Chairman
Quality Enterprises USA, Inc.
Contractor
._--....~._-
/~~--
/,- ~ " .......-.
By: / /~ ./ _,un,
Signature
Susan J. Schultz
tTypejprint witness namet
/J}La~i4" (~
~ ,
Second Witness
Louis J. Gaudio, Vice President
Typed signature and title
Marcie Cohen
tType j print witness name t
Approved as to form and
legal sufficiency:
~!I- P2 Ll
14 s~i~tiilni:-County Attorney
wf"''7
SI'--l-H r< ~4/~
Print Name
Page 80f8
168 2
ACORD."
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER Phone: 757-456-0577
Rutherfoord
222 Central Park Avenue,
Virginia Beach VA 23462
Fax: 757-456-5296
6 15 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.
Suite 1340
INSURED
Quality Enterprises USA Inc &
Quality Environment Co.
3894 Mannix Drive, Suite 216
Naples FL 34114-5406
INSURERS AFFORDING COVERAGE NAIC #
-~--'--~._'~"'-------"._._._----""~,~---
.I~.S~RERA: ~'La.lJQ9J.l__B.usill.~sS Insurance Comp--'tbl1
.I.N.SURER B: WauRi;l,:u._QnQ~X\Nd,J::ers Insurance
.1.N.SURERC:Int~n?j:.9t.~..F_i);"e.& Casualt Co
.INS.~RER_Q.lim~ );"i~gnLn t 'LSPe.c ii;l, 1 ty L i De
?/
1.- 2q '). 9
..J,k~--
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR N~~~ ~_.__.._._..~ Pr?.kICY EFFECTIVE POLICY EXPIRATION _mn_ __~__.__ "_
LTR POLICY NUMBER LIMITS W
A GENERAL LIABILITY TBKZ91449711038 7/1/2008 7/1/2009 EACH OCCURRENCE $ 1 ,000 , 000V-,"
- DAMAGETORENTED
JL COMMERCIAL GENERAL LIABILITY P.REt.1Ii'ES 1fu! occurence 1 $300 000
- :=J CLAIMS MADE EJ OCCUR MED EXP (Anyone person) $ ~Q.Q_._---
.- PERSONAL & ADV INJURY L1.-,-OOO , 000
- ---~~-
--~_.__._- GENERAL AGGREGATE $ 2 .....Q.Q.Q-LQQ1L__
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2->-.Q.o..Q_,.9_0 O~_
-l POLICY !Xl ~~8T !Xl LOC
B AUTOMOBILE LIABILITY ASJZ91449711018 7/1/2008 7/1/2009 COMBINED SINGLE LIMIT $1,000,000 V; V
--
lL ANY AUTO (Ea accident)
ALL OWNED AUTOS BODIL Y INJURY $ u.,. ~
..-
SCHEDULED AUTOS (Per person)
-- ..----
lL HIRED AUTOS BODILY INJURY
$
lL NON.OWNED AUTOS (Per accident)
---------~-~--- --
lL 1,000 Camp Ded PROPERTY DAMAGE
$
X 1 000 Call Ded (Per accident)
GARAGE LIABILITY I AUTO ONLY. EAACCIDENT $
=l ANY AUTO I......_._--~.- ..---.--------
EAACC $
OTHER THAN..___.
AUTO ONLY: AGG $ /
C EXCESS/UMBRELLA LIABILITY PFX1003079 7/1/2008 7/1/2009 EACH OCCURRENCE $10......Q..QQ, OOO_~
:x=l OCCUR [] CLAIMS MADE AGGREGATE LLQ--,-OOO, 000__
.-..--. $ ..
=l DEDUCTIBLE $
.. ......
RETENTION $ $
B WORKERS COMPENSATION AND [WCJZ9144 971102 8 7/1/2008 7/1/2009 x_lwCSTATu- I .lOTH.
.._ TORY LIMITS _..J;R.
EMPLOYERS' LIABILITY ooo/",lu ,,(p.
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500
_""_.0 ...
OFFICER/MEMBER EXCLUDED? !~LJJ~EI\SE- EA EMPLOYEE ,
If yes, describe under $ 50QLQ1tQ~__
SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT $500 000
D OTHER 1351083 7/1/2008 7/1/2009 1,000,000 each claim
Pollution Liability i 2,000,000 aggregate
I / I
DESCRIPTION OF O~RATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS .........-
rontract #09-5197 Annual Contract for Roadway Contractors. Collier County Board of County Commissioners is Additional
Insured under the General Liability policy with respect to work performed by the insured, as required by written
ontract. Umbrella follows form over Workers Compensation Employers Liabiliy.
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of County Commisioners
3301 Tamiami Trail, East
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 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.
AUTHORIZED REPRESENT A TIV
ACORD 25 (2001/08)
1""._.11 filA Wi
168 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
1682
MEMORANDUM
Date:
July 28, 2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5197: "Annual Contract for Roadway
Contractors"
Contractor: Bonness, Inc.
Enclosed is one original contract, referenced above (Agenda Item
#16B2), approved by the Board of County Commissioners on Tuesday,
June 23, 2009.
The second contract will be kept in the Minutes and Records
Department as part of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure (I)
ITEM NO.:t>t ,.f,)~" Dl~~O
FILE NO.:
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
June 24, 2009
To: County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #09-5197 "Annual Contract for Roadway Contractors"
Contractor: Bonness, Inc.
BACKGROUND OF REQUEST: .
This Contract was approved by the BCC on June 23, 2009; Agen(1dCl. ///
Item 16.B.2
/
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to BCC
for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Dan Hall, TECM
^.~...~..._--,----,-,,--""""'.,-,.._._---
MEMORANDUM
16B2
TO:
FROM:
Ray Carter \) j/
Risk Management Department -y^y ,y'
Rhonda Cummings, FCCN, CPPB, Contract Specialist " J" ~\,Y
Purchasing Department .f." / ~
June 24, 2009 )X...
DATE:
RE:
Review of Insurance for Contract: #09-5197 "Annual Contract for
Roadway Contractors"
Contractor: Bonness, 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
MtE RECEIVED
1682
mausen_g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Monday, July 27,200910:11 AM
CummingsRhonda; DeLeonDiana
HallDaniel; mausen_9
Contract 09-5197 Annual Contract for Roadway Contractors
All, I have approved the revised certificate of insurance provided by Bonness, Inc. for contract 09-5197. The contract will
now be forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
1
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16B2
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Florida Profit Corporation
BONNESS, INC.
Filing Information
Document Number F19249
FEIIEIN Number 592055219
Date Filed 02/04/1981
State FL
Status ACTIVE
Principal Address
1990 SEWARD AVE
NAPLES FL 34109 US
Changed 07/01/2002
Mailing Address
1990 SEWARD AVE
POBOX 9140
NAPLES FL 34101 US
Changed 04/22/1998
Registered Agent Name & Address
BAILIE, KATHLEEN M
1990 SEWARD AVE
NAPLES FL 34109 US
Name Changed: 01/18/2006
Address Changed: 04/22/1998
Officer/Director Detail
Name & Address
Title ST
BARATTA, JAN E E
4951 BONITA BAY BLVD UNIT 504
BONITA SPRINGS FL 34134
Title D
BONNESS, JOSEPH D III
6830 SANDALWOOD LN
NAPLES FL 34109
Title V
WAGONER, STEVE D
http://www.sunbiz.org/scripts/cordet.exe?action= D ETFIL&inq__ doc _number= F 19249&inq... 5/29/2009
.".-."--...,-...---,- .~"-
vww.sunbiz.org - Department of State
6236 12TH AVENUE S.W
NAPLES FL 34116
Title D
KELLY, DANIEL J
6831 SANDALWOOD LN
NAPLES FL 34109 US
Title PDC
BAILIE, KATHLEEN M
267 CHANNING CT.
NAPLES FL 34110 US
Annual Reports
Report Year Filed Date
2008 03/24/2008
2009 01/15/2009
2009 03/30/2009
Document Images
03{30/2009 -- ANNUAl" REPOJ'U
01!l!:i/2009 -.:-~6NNUAL_BEPOF:U
Q;3L24/200~ -- ANNUAl" REF>QRI
0-4/1Q!2QQZ.:-:~N NlIAL_ R E F'Q81
o 1/18/2006=-=-ANNt..JAl.REPORT
04/30/200!:i =ANNUALREPORT
04/30/2_Q04 --_6.NNUALREPQBI
Q112J/200;3=-ANNLJAl.B EPORT
07/0112002.:-:ANNLJAL REPORT
04/~4!20QL=ANNUAL REPORT
05122/2000-- ANNUAL REPORT
05/06/1999 =-ANNUAL REPORT
04/22/19913 =-ANNLJALREPORT
05109/1997::ANNUAL REPORT
QJ/2Qlt996-- ANl-I.U.AL REPQEL"l
06/201199!:i.=ANNLJA1-RE;PQR T
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RLS# Oq-I~- t)J;;l.SO
CHECKLIST FOR REVIEWING CONTRACTS
13~~tJ€.!;s ) (Ale-. 16 B 2
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. Mot L.
Products/CompVOp Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ Z M.\ L.
Workers Compensation
Each accident Required $ 1 M.I L..
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ r Molt...
Aggregate Provided $ II
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?
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
~Yes
_~ Yes
No
No
~Yes
~Yes
v-Yes
----1L- Y es
No
No
No
No
.~ ~,t.. Exp. Date "II (IO
II Exp. Date H
7.50) ~ Exp. Date L ,
~( Exp. Date , I
S'~OI ItO Exp. Date / '
Z Mol L Exp Date (, {. {ID
I MolL Exp Date {, [I {ID
~I Exp Date C I
~l Exp Date I'
Exp Date
Exp Date
~Yes
"II/lf}
I '
No
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?
Attachments
Are all required attachments included?
~\~
\
Exp. Date
Exp. Date
Provided $ Exp Date_
~Yes - No
V" Yes - No
_ V Yes _No
-- Yes ~No
- Yes No
Yes No
- Yes No
-L Yes - No
vYes No
---LYes No
~Yes - No
~Yes - No
~Yes - No
~Yes - No
d- Yes No ~
Reviewer Initials:
Date ,., lZ-'i!l4C(
04-COA-Ot030/ 22
1682
A G R E E MEN T 09-5197
for
Annual Contract for Roadway Contractors
I'"-='
THIS AGREEMENT, made and entered into on this 2.::L day of ~J \A. VI e....., , 2009, by
and between Bonness, Inc., authorized to do business in the State of Florida, whose business
address is 1990 Seward Avenue, Naples, Florida 34109, hereinafter called the "Contractor"
and Collier County, a political subdivision of the State of Florida, Collier County, Naples,
hereinafter called the "Owner" or "County":
WITNESSETH:
1. COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing on
Jll r'\€ 2~ 2ccCf, and terminating on Ju. VH!.. 2..2_( 2.C I() . 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 lof8
16B2
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
1682
Bonness, Inc.
1990 Seward Avenue, Naples, Florida 34109
Phone: 239/597-6221
Fax: 239/597-7416
Attention: Kathleen M. Bailie, 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, Purchasingl 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: 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.
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
Page3of8
16B2
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
1682
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.c. 1324, et seq. and regulations relating thereto, as either may be
amended. Failure by the Contractor to comply with the laws referenced herein shall
Page 5 of8
16B2
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/PROTECT 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 6 of8
1682
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
16B2
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: . C.
D~
By: .....' ':., '.....~ '.
Dated:.' '" . ..'
(SE~L) -:,.". .
AtteSt ai' -W...... ,
.t....... ..,,'"'
BOARD OF COUNTY COMMISSIONERS
COLLIElRNTY, FLORIDA
/ ~
~d~
By:
Donna Fiala, Chairman
Bonness, Inc.
Contractor
~
:re~e. c.a.r J1,e<1
tTypejprint witness namet
'I/~>( /' .J
By: I.J IU/~~" vi'.iJ ~ . r.,/l.L.
Signature
~~~~ t=-~
Second Witness
Kathleen M. Bailie, President
Typed signature and title
~~AN rJ )< L \ ~~G
tTypejprint witness namet
Approved as to form and
l~f;CI?J~L
Aesistant ~ounty Attorney
Der .....,1 .
Su-t1 1< 7i"A ~ L..
Print Name
Page 80f8
1682
~-~~
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDfYYYY)
07/14/2009
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3031 N. ROCk~ Point Drive, Suite 700 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Tampa, FL 3 607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Altn: Erica Connick 813-207-5121
1 01266-Bonn-Cas-09-1 0 INSURERS AFFORDING COVERAGE NAIC # /'
-~--~-- ./
INSURED INSURER A Travelers Property Casualty Company Of 25674
Bonness, Inc. -~---------_._._--_.~~,-- ./'
1990 Seward Avenue INSURER B Everest National Insurance Co 10120
Naples, FL 34109 -_._._-~~----- -----
INSURER c:
--~---_.
INSURER D:
--..------ _____m___'._'.._______.
INSURER E
COVERAGES
6
-(
~--------~._-
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR ADD'L TYPE OF INSURANCE . POLICY NUMBER ----icOLICY EFFECTIVE POLICY EXPIRATioN- LIMITS
LTR INSRC : DATE (MM/DD/YY) DATE (MM/DD/YY)
X GENERAL LIABILITY ! 06/01/09 EACH OCCURRENCE :j) 75000
A ~MMERCIAL GENERAL LIABILITY VT J EXGL 5800B671 06/01/10 ~~~~~U~~~~~;~ce) $ 500,000
i CLAIMS MADE [R] OCCUR i MED EXP (Anyone person) $
XJSIR' $?!;O 000 PERSONAL & ADV INJURY $ 750,00
- GENERAL AGGREGATE $ 2,000,000
GENERAL AGGREGATE LIMIT APPLIES PER -- PRODUCTS - COMP/OP AGC $ 2,000,00jl
Xl 'n PRO- n LOC
X POLICY JECT
A X AUTOMOBILE LIABILITY VTC2J CAP 5800B683 06/01/09 06/01/10 COMBINED SINGLE LIMIT 2,000,000
Xl ANY AUTO (Ea accident) $
- ALL OWNED AUTOS --------.--
BODILY INJURY $
- (Per person)
SCHEDULED AUTOS
I -
HIRED AUTOS BODILY INJURY $
I----
NON.OWNED AUTOS (Per accident)
I---- PROPERTY DAMAGE
~ (Per accident) $ I
GARAG E LIABILITY ! AUTO ONLY - EA ACCIDENT $
H ANY AUTO -- $
OTHER THAN EA ACC
,
i AUTO ONLY $
AGG
I EXCESS/UMBRELLA LIABILITY 71C10001117091 06/01/09 I 06/01/10 EACH OCCURRENCE $ 5,000,00C
I B 'x'
I D 5,000,000
~ OCCUR CLAIMS MADE I I AGGREGATE $
-------.-.
I H DEDUCTIBLE I $
-----
1 I $
I I RETENTION $
A WORKERS COMPENSATION AND !VTC20 UB 5800B66A , 06/01/09 06/01/10 X IT~~T fJI~s I IOTH- '
EMPLOYERS' LIABILITY FR 1,000,00Q
.L EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE ~..DISEASE - EA EMPLOYE5.!____
OFFICERIMEMBER EXCLUDED? 1,000,000
If yes, describe under L DISEASE - POLICY LIMIT: $ 1,000,000
SPECIAL PROVISIONS below
A OTHER Auto Physical Damage VT J BAP 5800B695 06/01/09 06/01110 Comp/Collision Deductible:
i 2004 vehicles or newer: $5,000
20,000 Ibs or heavier: $10,000
/
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSE~SPECIAL PROVISIONS
Re: Contract #09-5197 - Annual Contract for Roadway Contractors
ColliElr County Boa~d of County Commissioners is included as Additional Insured where required by wrilten contract and allowed by law with respect to General
d'.';
~
,/
,..-'
/'"
Liability and Auto Liability.
~
CERTIFICATE HOLDER /
r/
A TL-001855393-03
CANCELLATION
Collier County Board of
County Commissioners
Altn: Rhonda Cummings, FCCN, CPPB
3301 East Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ 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
I
I
I
ACORD 25 (2001108)
UPON THE INSURER,
A~fTAA~~~'U'I~~~i,SENT A TIVE
Erica Connick
OR
REPRESENTATIVES.
o...-A.c...I{
o ACORD CORPORATION 1988
1682
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2001/08)
Reverse of Page 1
l6B 2
MEMORANDUM
Date:
July 21, 2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5197: "Annual Contract for Roadway
Contractors"
Contractor: Better Roads, Inc.
Enclosed is one original contract, referenced above (Agenda Item
#16B2), approved by the Board of County Commissioners on Tuesday,
June 23, 2009.
The second contract will be kept in the Minutes and Records
Department as part of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure (1)
ITEM NO.:
'l:>uc.- "'\\\"\'11> B ~
, OAT. E RECEI~D~~
...-bl' " - ~ () v.-- Vr":
~ (/IJI ~,~ ~ ~ ff~Y\'
:J ~ \.-h ~(, [ ~ ~1).,1
()V / ~ 1)Jbt
Suo yf)
1;7
FILE NO.:
ROUTED TO:
m... f~c -O/~ r"r
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: June 24, 2009
To: County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #09-5197 "Annual Contract for Roadway Contractors"
Contractor: Better Roads, Inc.
This Contract was approved by the BCC on June 23, 2009; Agen
Item 16.B.2
BACKGROUND OF REQUEST:
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to BCC
for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Dan Hall, TECM
.168 2
MEMORANDUM
TO:
FROM:
~~ ~~~':.'gement Department Y
Rhonda Cummings, FCCN, CPPB, Contract Specialist . _ { ~
Purchasing Department (,t/ '~~
June 24, 2009 .J<I
DATE:
RE:
Review of Insurance for Contract: #09-5197 "Annual Contract for
Roadway Contractors"
Contractor: Better Roads, 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 Al:CEIVEO
JUN 2 5 2009
RISK MANAGEMENT
168 2
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Wednesday, July 15, 2009 1 :04 PM
DeLeonDiana; CummingsRhonda
Hall Daniel; mausen_g
Contract 09-5197 "Annual Contract for Roadway Contractors"
All, I have approved the Certificate of Insurance as provided by Better Roads, Inc for Contract 09-5197. It will now be
forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
1
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Detail by Entity Name
Florida Profit Corporation
BETTER ROADS INC.
Filing Information
Document Number 858146
FEI/EIN Number 592319514
Date Filed 09/02/1983
State FL
Status ACTIVE
Principal Address
1910 SEWARD AVE
NAPLES FL 34109 US
Changed 04/07/2003
Mailing Address
1910 SEWARD AVE
NAPLES FL 34109 US
Changed 04/07/2003
Registered Agent Name & Address
BONNESS, JOSEPH D III
1910 SEWARD AVE
NAPLES FL 34109 US
Name Changed: 02/23/2009
Address Changed: 04/07/2003
Officer/Director Detail
Name & Address
TitleVS
RESTINO, JOSEPH M
1910 SEWARD AVENUE
NAPL.ES FL 34109
Title CEOD
BONNESS, JOSEPH D III
1910 SEWARD AVENUE
NAPLES FL 34109
Title SD
BAILIE, KATHLEEN M
1910 SEWARD AVENUE
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&ina doc m]mh~r=G'i~ 14flRrin
.::;/')o/')()()O
www.sunbiz.org - Department of State
NAPLES FL 34109
Title TD
KELLY, DANIEL J
1910 SEWARD AVENUE
NAPLES FL 34109
Title P
TURNER, JOE L
1910 SEWARD AVENUE
NAPLES FL 34109
Title V
O'BRIEN, THOMAS W
1910 SEWARD AVENUE
NAPLES FL 34109 US
Annual Reports
Report Year Filed Date
2007 10/16/2007
2008 01/28/2008
2009 02/23/2009
Document Images
02/2:~/ZQQ9=-ANNWAL REPORT
01/2812008 -- ANNUAL REPORT
10/16/2007 -- ANNUAL REPORT
94/16/200]--ANNUALREPORT
04fQ7/Z906::Af\ttilJALRI;;P_QET
Q3!0I3/ZQQ5._:::..ANNUA.L.R.E:.POEI
0311Q/20Q4.::::ANNlJALBI;;PQET
Q4!Q7!2003....::::..ANNUALRI;;PORT
OS/21/2002 -- ANNUAL REPORT
05/1[)j200J:.: ANNUALREPORT
07/14/2000.::::ANNlJALREPORT
05/15/2000 = ANNUALREPORJ
05I1J/1999.:_: ANNUAL REPORT
05/06/1998.:.:: ANNUAL REPORT
OZI12/199L: ANNUALBEPORT
02/12/1996::.6NNUAL.RE:PORT
05/1JI/J~m()=-ANNUAL REPORT
I Note: This is not official record. See documents if question or conflict.
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168
RLS# b'1-;JR~- I)pl};;).._
CHECKLIST FOR REVIEWING CONTRACTS
/3Erroc ~~])Sl /IUCl,
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.. Moll-
Products/CompI/Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ Z t.I\..\ l..
Workers Compensation
Each accident Required $ ,M I L-
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ S- f\It II
Aggregate Provided $ I '
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?
2
~Yes
~Yes
No
No
~Yes No
~Yes No
~Yes No
~Yes _No
Provided $ -z.. 'M \l.. Exp. Date ~! ~~
Provided $ \ I Exp. Date t I
Provided $ 'l.f;OJ "D Exp. Date L ,
Provided $ II Exp. Date l ,
Provided $ 5"~ Ill" Exp. Date I '
Provided $
2.. ~ l L.. Exp Date (, It / If)
,
I 1M 11 Exp Date b ! ( [10
\1 Exp Date l'
\. , Exp Date I'
Provided $
Provided $
Provided $
Exp Date ~
Exp Date I '
~es
No
Provided $
Provided $
Exp. Date
Exp. Date
Provided $
Exp Date_
\/"'Yes
~Yes
No
No
~Yes
Yes
No
~No
Yes
No
Signatllre Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Yes
Yes
No
No
~\~
\
/Yes
~Yes
~Yes
~Yes
No
No
No
No
""/Yes
V Yes
V Yes
No
No
No
~Yes
No "".. ~
ReViewer Imtlals: J~
Date: ? {~gq
04-COA-of03 222
168 2
A G R E E MEN T 09-5197
for
Annual Contract for Roadway Contractors
THIS AGREEMENT, made and entered into on this .23,-.J day of ,fu.. Vl Ie:.- , 2009, by
and between Better Roads, Inc., authorized to do business in the State of Florida, whose
business address is 1910 Seward Avenue, Naples, Florida 34109, hereinafter called the
"Contractorll 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
.l.tV\1". 23, 2.lx.,cr, and terminating on JUVl<:"_ 22( 20 (Q . 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 1 of8
168 2
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:
Page2of8
16B 2
Better Roads, Inc.
1910 Seward Avenue, Naples, Florida 34109
Phone: 239/597-2181
Fax: 239/597-1597
Attention: Joseph M. Restino, 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: 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.
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
168 2
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
16B 2
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 followingconsequences: (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.c. 1324, et seq. and regulations relating thereto, as either may be
amended. Failure by the Contractor to comply with the laws referenced herein shall
Page 5 of8
IbB 2
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/PROTECT 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 6 of8
168 2
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
16B 2
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:
D~
' . " ,..
,., F
" .
"' - . - '--"',.
. .. ,
By: / .....'.. "
, ' . n ',.,
D'atoo: .,..'.~:..,
~(SEAL) .. .... ....m. .
....../....::._.3 -
........ '. ~ .
I..... . ':.'_' .',_1
. ~rn'"
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
~~
By:
Donna Fiala, Chairman
Better Roads, Inc.
Contractor
111111 111111"'//
",\1\ ROADS II""
",~<8' ......... ~"''''~
j..,...... ........ ~
'" OD..' ~
~ ~ "" 1"/, \, ~
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'/ . ..... ~ '
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///1/11111111\\"
,~ss Ml~~
Donna DiMare
tTypejprint witness namet
~'f!!:Jf-
Seco Witness
Joseph M. Restino, Vice President
Typed signature and title
Amy M. Manley
tTypejprint witness namet
Approved as to form and
legal sufficiency:
:1Jt. f? )~
A~~i~ldlfi. County Attorney
O(P't~1
54# R. --;:eA.~L
"
Print Name
Page8of8
16B
ACORD",
2
PROOUCER
Marsh
3031 N. Rocky Point Drive, Suite 700
Tampa, FL 33607
Attn: Erica Connick (813) 207-5100
10 1266-Bett.Cas-09-1 0
DATE (MMIDDIYYYY)
06/08/2009
-- --- - .--
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.
COVERAG'ES U -------' '-----~--~~~-~-- -------- --,~------
-~~-~--- --
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'NSRI ADD'li TYPE OF INSURANCE POLICY NUMBER rOLlCY EFFECTIVE IPOLICY EXPIRATION
; LTR: INSRq . DATE (MMIDDIYY) . DATE (MM/DDIYY)
A X GENERAL LIABILITY VTJ EXGL 5800B671
i.~ COMMERCIAL GENERAL LIABILITY
! :=J CLAIMS MADE [R] OCCUR
I X SJR:..$2.5D~aQ<L-__._~
IGENERAL AGGREGATE LIMIT APPLIES PER
Ixl POLICY m?-i LOC
I A x! AUTOMOBILE LIABILITY VTC2J CAP 5800B683
CERTIFICATE OF LIABILITY INSURANCE
INSURERS AFFORDING COVERAGE
INSURER A Travelers Property Casualty Company Of
___,____.___. _________ __"_______n_n_
INSURER B- Everest National Insurance Co
i INSURER C
INSURER D
INSURER E-
INSURED
Better Roads, Inc.
1910 Seward Avenue
Naples, FL 34109
LIMITS
I 06/01/09
06/01/10
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AG
06/01/09
I
COMBINED SINGLE LIMIT
(Ea accident)
06/01/10
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
rP~~~;c~le~gAMAGE $
NON-OWNED AUTOS
I AUTO ONLY - EA ACCIDENT $
, OTHER THAN EA ACC $
, AUTO ONLY AGG '$
i EACH OCCURRENCE $
AGGREGATE $
$
- ---.---..-.". -~--_._~----
l___
i EXCESS/UMBRELLA LIABILITY 71C10001117091 06/01/09 06/01/10
,-,
:X OCCUR CLAIMS MADE
DEDUCTIBLE
VTC20 UB 5800B66A 06/01/09 06/01/10
I
ANY PROPRIETOR/PARTNER/EXECUTIVE I
OFFICER/MEMBER EXCLUDED?
~~~MtS~~~v~~?o~S below
OTHER Auto Physical Damage VT J BAP 5800B695 06/01/09 06/01/10
L DISEASE - POLICY LIMIT
Comp/Collision DeduCtible:
2004 vehicles or newer: $5,000
20,000 Ibs or heavier: $10,000
X
DESCRIPTION OF OPERATlONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
I Re: Contract #09-5197 Annual Contracy for Roadway Contractors
I Collier County BOCC is included as Additional Insured where required by written contract and allowed by law with respect to General Liability and Auto
: Liability.
CERTIFICATE HOLDER
A TL-001855281-01
CANCELLATION
Collier County BOCC
3301 Tamiami Trail E.
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
.lL- 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,
A~lAA~~fiEf]!,H~rENTATlVE
Erica Connick
ITS
AGENTS OR REPRESENTATIVES.
6 ~""c..-V--
NAIC#
'25674
10120
i
-----Z------.J
I
75000
500,00
750,OOQ
2,000,00 1
?"OOQ,QQ
$
2,000,009
,----1
,
$
$
1,000,00
1,000,00
1,000,00
ACORD 25 (2001/08)
--------.-~~_.___._._____.J
o ACORD CORPORATION 1988
168 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2001/08)
Reverse of Page 1
168 2
MEMORANDUM
Date:
July 14, 2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5197: "Annual Contract for Roadway
Contractors"
Contractor: AP AC-Southeast, Inc.
Enclosed is one original contract, referenced above (Agenda Item
#16B2), approved by the Board of County Commissioners on Tuesday,
June 23, 2009.
The second contract will be kept in the Minutes and Records
Department as part of the Board's permanent records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure (I)
ITEM NO.:Dq" ?(2C'" 01 2~"
\',
DATE RE<!16B )-
o
~ GJI>~ ~~
~~~11 ~~
f1l"" :J-.l~
~ ~~r"
f7"r{pA1
bl'J q JD
..T!)
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
June 24, 2009 _ jJ
County Attorney's Office ~ <;7 €/Il ) L
Attention: Jeff Klatzkow / J~ rP
Rhonda Cummings, FCCN, CPPB, Contract Specialist ,
Purchasing Department, Extension 8941
To:
From:
Re: Contract: #09-5197 "Annual Contract for Roadway Contractors"
Contractor: APAC-Southeast, Inc.
This Contract was approved by the BCC on June 23, 2009; Agen
Item 16.B.2
BACKGROUND OF REQUEST:
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to BCC
for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Dan Hall, TECM
RLS # 01- ~ltt - Of;J. 3 "l
CHECKLIST FOR REVIEWING CONTRACTS 16 B
A'PA~ - ...5l'(/rHfA.~/' IN 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 M,t\L..
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ "2 MIL
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?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Provided $ '2 M \ L
Provided $ l \
Provided $ I ,
Provided $ I '
Provided $ I/)f)) 00 0
Provided $ z. lA \ L
Provided $ i \V\ \ \..
Provided $ I,
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?
Attachments
Are all required attachments included?
-Lies
\,./Yes
)
~Yes
---iL. Y es
Yes
~Yes
No
No
VNo
No
Exp. Date q/. I b1
Exp. Date I
l (
Exp. Date I (
Exp. Date ( (
Exp. Date ( I
Exp Date 0../ I / r)'1
(
Exp Date t{ I, I DCf
Exp Date l r
Exp Date I,
Exp Date
Exp Date
Yes
Exp. Date
Exp. Date
2
No
No
No
168 2
POWER OF ATTORNEY _ 2009
Power of 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 teons shall have the indicated meanings in this Power of Attorney:
The Comoanv shall mean APAC-Southeast. Inc., a Georgia corporation, which includes business
operations of the Company conducted under and by, and the assets and properties of the Company managed by,
the various units and divisions INhose trade names are hereinafter generaHy described.
Cc!ntnct Documenm shall 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 of retained percentages and the payment of final estimates, and all other documents, writings, COIlSen18 or
reports necessary or requisite to the irnP'en'1entation of any of the foregoing doaMnents herein defined that shaH be
related to, connected with or arise out of the regular and ordinary business activities of the Company.
omce~ shall mean persons from time-t~time designated by the Company as SUCh officers of the
Company.
Authorized EmDJ~ and Auistant 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 DEN AM E ~
The activities and operations of the Company may be carried on in any of the following manners or styles
as may from time-t~time be deemed necessary or appropriate:
Alablun. Division, APAC-Southeast, Ine..
Ballenger Paving Division, APA~ Inc.
Central Florida DIvIsion, APAC-Southeast.lnc.
First Coast Division, APAC-Southeast, Inc.
Gulf Coaet DlW.Ion, APAC-8outheast, Inc.
Major Projects Group, APAC-8outheast, Inc.
Southern Florida DIvision, APACoSoutheast, Inc.
C. AUTHORIZED ATTORNEYS
I. OFFICER~
The follOWing persons are hereby designated OFFICERS of the Company and are hereby made,
constituted and appointed the true and lawful attorneys of the Company for the purposes and subject 10 the
limitations hereinafter set forth, to act in its name, place and stead in the matters hereinafter mentioned:
~
John H. Skidmore
Guadalupe Atanda
Steven C. Ayers
Gregory P. Baier
Ken Barber
David M. Church
HarT)' S Curlin
Qftlg&
President
Vice President/Ass! Sec.
VICe President/Asst. See.
Vice President/Asst. Sec.
VICe President/Asst. Sec.
Vice President/Aut Sec.
Vice President/Asst. Sec.
~
It Glenn Phillips
Charles F. Potts, Jr.
Robert Royal
James A Strain, Jr.
John W. TaylcI'
Bret Thornton
Creed Jackson Williams
2mai
VICe Pre$ident/Asst Sec.
Vrce President/Asst. Sec.
V/C8 President/Ass! Sec.
VI08 President/Asst See.
VIC8 Pr1!SldentlAsst Sec.
VICe Pres.denttAsst Sec.
Vice President/Asst. See.
Sam W. Head. Jr.
Raymond J. Hit
John R. Hooper
Jeffery L. Janeway
Timothy G. Mullendore
David M. Murphree
Sean T. O'Sullivan
Tunstan B. Perry IV
16B 2
Vice President/Asst. Sec.
VICe President/Asst. Sec.
VICe PresidentJAsst. Sec.
VIOt PresidentJAsst. Sec.
VICe President/Asst. Sec.
VICe PresidentlAsst. Sec.
Va PresidentfAsst. Sec.
Vice President/Asst Sec.
Charles Brown
David Anthony Donofrio
Robert Delisle
Jennifer K. Edwards
Michael R. Halpin
Kenneth C. Laing
David A. South
T reasur&l'/Asst. See.
Secretary/Asst. Treas.
Asst. SecJAsst. Treas.
Asst. SecJAsst. Tress.
Asst. SecJAsst. Treas.
Asst. 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'DriscoJ
David M. Toolan
Administrative VICe President/Asst. SecnKary
Am Treaa.lAsst Seaetary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
II. AUTHORIZED EMPLOYEE~
The following pen;ons 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. Billingsley
J9mes R. Boterf
John S. Bramonte
Jerry L Crisp
Ricky D. Cross
John J. Davis
David Denison
Joseph F. Donaruma
Jerry Ray Doss
Bobby J. Dykes
Doug Eckhoff"
Jerry F. Fletcher
ChartatlB S. Garvin
Lisa S. Haber
R. Delane Hartzog
Gerald Hoffman
RicK E. Jarvis
G. Michael Johnson
Craig Ketron
CIiIroro B. Latta 1/1
TIII'1Othy 8. Ma)flaII
Patrick B. McKnight
Wlliam R. Nowak
Michael Pabnbo
Grant G. Peterson
Matthew A. Phillips
Steven Schauer
John D. Smith
Jeffrey M. Snyder
Kenneth W. Sweet
Carl J. Thompson
John A. Wabr
John B. 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 Oflicers and Authorized Employees hereinbefore named may be attested
on behalf of the Company and the Company's corporate 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 6mited
purposes stated herein:
Anila M. BiI/ingsIey
Mark K Blair
Charles J. Blinne
Linda A. Bradley
Roma M. Carpenter
Jeremy R Christopher
Ricky O. Cross
Jerry Ray Doss
Judith M. FletcIler
Charlotte S. Garvin
I. OFACE~
Steven M Graycheck
Cynthia l. Hall
Kathy Hambleton
R. Delane Hartzog
Metlnda Lewis
Ooramelia M. Martin
Dona O. Oliver
Marizabed Perez
Grant G. Peterson
Carmine Restino
Rodolfo Reyna
PameIia M. Sahr
Joan Schuh
Alan L. Scott
Tracy L. Shores
James H. Stltm
Ashley Turner
John G. Walker
D. EX E C U TI 0 N 0 F DOC U MEN T S
.,
.:.
168 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 the Company any and all Contract Documents and each of said attorneys on
behalf of the Company may do an other acts and things requisite or necessal)' in respect of the signing. execution
or delivery thereof; and all that its said attorneys. and each of them. shalllawfuHy do or cause to be clone by virtue
of the authority and power herein granted is hereby ratified and confirmed by the Cornpany.
II. AUTHORIZED EMPLOYEES
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 perfonnanoe of WOt1(. and said attorneys on behalf of the Company may cIo all other acts and
things requisite or necessal)' in respect of the signing. execution or delivefY 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 SECRETARIES
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 Seaetary the designation as
such, with or without cause, and such person shaH thereafter no longer have the authority of an Authorized
Employee or Asaistant Secretary under this instrument. Said Officers may also in connection with the granting or
withdrawing of the designation of an Authorized Employee 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. ADDmONAL UMITED 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 aN of the aforesaid Contract Documents and aN 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 teons and conditions of the document or documents 80 executed 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 shall continue in full fon::e 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 Corporate Seal to be hereto affixed, effective the 1st day of January
2009.
ATTEST:
--,1' 1111. O~l'~,
~~-. )
David Anthony Donofrio, Secretlry/Aut. Treasurer
c~::m
State of Florida
County of Pasco
55:
3
168 2
The undersigned Notary Public, d~ QWllified, com~iSsioned. swom and CICti~ in and for the county and
state aforesaid, hereby certify that on this H" day of ~~ I) to"" ~ I- 200},( 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 that 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 act and deed as such designated Officer and the
free and voluntary act and deed of said COfpOration 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.
.\ IN TESTIMONY WHEREOF, I have hereunto set my hand and official notarial seal this~()~ay of
~2OOi' (1 I o. 'i. f-iJ-f
\\\\111111'1"" ~
~,\\\ CYN;I/:;J~ My Commission Expires:
[Notary Seal) ~~ ...........'4(%
~ 1f ..' "''{ COMAf/8,so,b'" ~~
~ ~ .... ~~emhel' ~ ... "?:: ~
:~: ~ ~~r-=
-~. " 1">"'0.::
=?l:1 ~ ., 8~: =
~...~;,!.~ "'6'6:" '0 c.,: ::::
~~...~~ ~ .: ~
~~'.;"l'u,~ ." 1f.~
~":..o"..~ ... ~ '*
'',( 1.>7'...,;.......^'\~ i$'
JJ;J'"f, c OF Flu" '1\"",
"'11"" Illll \,\'1:
4
168 2
MEMORANDUM
DATE:
Ray Carter
Risk Management Department V
Rhonda Cummings, FCCN, CPPB, Contract Specialist ~'
Purchasing Department j'" ~ ~ AA
, 'l Cf,tY .I (y
June 24, 2009 r
TO:
FROM:
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
16B
2
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, June 26,20098:36 AM
CummingsRhonda
HallDaniel; mausen_g; DeLeonDiana
09-5197 "Annual Contract for Roadway Contractors
All, I have approved the Certificate of Insurance provided by APAC-$outheast, 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
1
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Foreign Profit Corporation
APAC-SOUTHEAST, INC.
Filing Information
Document Number P25884
FEI/EIN 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
htto://www.sunbiz.org/scriots/cordet.exe?action=DETFIL&inq doc number=P25884&inq... 5/29/2009
www.sunbiz.org - Department of State
DONOFRIO, DAVID ANTHONY SEC
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title VP
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.-c ANNUAL REE'QRT
09/03/2001~ccANNLJALRI;E'QRT
04/18/2008 -- ANNUAL REPORT
0312.E)/200Z~cANNLJALRE.PQ8.I
O.9L1A/2006c-Reg. AgentChi30ge
OJjO:~12006cc ..ANNLJALREPQRI
1..1./3.Q1200Q...cc..Reg.,...Age2.0.LCh90Q.e
05/0J1l2005 ccJ:se~6.geotCb9llile
OJ/.1.Q/2QQQ...ccA.N.NUALREEQRI
01/21/2004 -- ANNUAL REPQRT
09/30/2003 -cANNUALREPQRT
08/11/2003ccANNuALRI;PQ8T
04/03/2003 ccNi:lilleCbQillle
0310012003c-ANNLJAl_REPQRI
03/05/2002 -- ANNUALREPORI
Q~Q.V2QQ~-cANNUAL REPORT
02/2QDW.QQ.-:ANN_UAL REPORT
Q3/03/1999-:ANNUAUlE_E'QRT
02/16/1998. cc ANNUALJlEEQ!H
02/03/1997 -- ANNUAL REPORT
02/09/1996 c- ANNUAL REPORI
04/J 8/J99Qc:ANNuALRI;E'QRT
Page 2 of3
168 2
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168 2
A G R E E MEN T 09-5197
for
Annual Contract for Roadway Contractors
THIS AGREEMENT, made and entered into on this ;)3r-d. day of c l.AY1t' 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":
WITNESS ETH:
1. COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing on
J~Z3 20DOC, and terminating on . Il-tVle... 2..2- ;U.:iU. 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 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.
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 1 of8
168 2
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
16B 2
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: 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.
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
168 2
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
168 2
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
Certifica te.
17. SUBTECT 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
168 2
constitute a breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENT AL 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/PROTECT 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 6 of8
168 2
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.
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Page 7 of8
168 2
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
~J~
By:
Donna Fiala, Chairman
ATTEST:
I
Dwight E. Broc~, Clerk of Courts
... . ,':~,1 :~~
By: "";' . . .'1.
Datedpc)V1 1
~EAL) , ."
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*,.',".~;..'.'
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AP AC-Southeast, Inc.
Contractor
?{)), ~
-~Wi~
---
By: a~dY~
SIgnature
::JiLJ~ N ~/fJ1meYp1-+tJ
tTypejprint witness namet
-:Z~~~
Second Witness
I. /Z4)l. l,u Fi {3 ~(J IE ;.J TE"' 12-
tTypejprint witness namet
t' ~~G tts ,c: ~.J: ::JA... 0 Ct" ~SIt:;1n7T
,
Typed signature and title
A pproved as to form and
legal sufficiency:
C~ YvLkr/2kQ_
Assistant County Attorney
Colleetl M .6ree~
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.
14299 Alico Road
I
Libert,x
Mutual@
I Fort Myers
FL 33913
NAME AND
ADDRESS
OF INSURED
~
is. al the issue date of this certificale, insured by Ihe Company under the policy(ies) listed below. The insurance a!lorded by the listed policy(ies) is subject 10 all Iheir 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 /~nT OF LIABILITY
o EXTENDED
III POLICY TERM
W A? -C8D-004095-028 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY...... ~.
WORKERS 9/1/2009 LA W OF THE FOLLOWING STATES:
COMPENSA TION WC? -C85-004095-018 ALL STATES EXCLUDING Bodily Ir~ury by Accident '
MONOPOLlSTICS STATES AND 1 000 000 Each Accident
NY Bodily Injury By Disease
OR,WI $1 000 000 0,,"' ";-;,
Bodily Injury By Disease
$1 000000
GENERAL LIABILITY 9/1/2009 TB2-C85-004095-118 General Aggregate-Other than Producls I Completed Operations
$2 000 000 ~.
G2J OCCURRENCE Producls I Completed Operations Aggregate
. $2 000 000 -
o CLAIMS MADE Bodily Injury and Property Damage Liability / //'7"
Il:? nnn nnn I...... Per Occurrence
)
I RETRO DATE I Personal Injury
Included* Per Person I Organization
O\~e~luded in BIIPD Liability rt~I'{RE .~~~AGE $100,000; PER
~
AUTOMOBILE 9/1/2009 AS2-C85-004095-128 Each Accident-Single Limit ""
LIABILITY $2,000,000 B.1. And P.D. Combined
o OWNED Each Person
1ZI NON-OWNED Each Accident or Occurrence
o HIRED Each Accident or Occurrence
OTHER Auto: Comp Ded $10,OOO/ColI Ded $10,000
EVIDENCE OF COVERAGE
ADDITIONAL COMMENTS
Certificate holder is named as additional 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 dale.
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.
IMPORTANT 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 CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE S'-ATED EXPIRATION DATE THE COMPANY WILL NOT C.e.~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 I 0387
Commissioners 12 Federal Street, Ste. 310
3301 E. Tamiami Trail Pittsburgh PA 15212-5706 412-231-1331
LNaples, FL 34112 .-J OFFICE PHONE
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies
I
tj IJ~
Judith Balazentis
AUTHORIZED REPRESENTATIVE
.
i "
O! .
d
u
04-22-09
DATE ISSUED
NM772