HomeMy WebLinkAboutAccent Bollard and Light Maintenance Services Agreement-2009 10y
Project Manual
Winter Springs Town Center District
Accent and Bollard Light Maintenance
(Blumberg Blvd. and Cross Seminole Trail Bridge)
October 2009
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INDEX
TO
PROJECT MANUAL
City of Winter Springs
Winter 5Ro_) S Town Center District
Accent and fly&rd Lioht Maintenance
(Blumberg Blvd. and Cross Seminole Trail Bridge)
DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND
CONDITIONS OF THE CONTRACT
00500 Agreement Form
00700 General Conditions
DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work
01100 Technical Specifications
01150 Method of Measurement and Basis of Payment
01300 Submittals
Attachments - Project Map(s)
A. Blumberg Blvd. Medians - Lights
B. Cross Seminole Trail Bridge - Up- Lights
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SECTION 00500
AGREEMENT FORM
THIS AGREEMENT is made and entered into this 1 st day of October 2009, by and between the CITY OF
WINTER SPRINGS, FLORIDA, a Florida municipal corporation, hereinafter referred to as "City ", located at 1126
East State Road 434, Winter Springs, FL 32708, and Schooz Corporation, D /B /A Mark Cockerill Properties, a
Florida Corporation hereinafter referred to as "Service Provider ".
WITNESSETH:
WHEREAS, City wishes to obtain services for Winter Springs Town Center Accent and Bollard
Light Maintenance (Blumberg Blvd. and Cross Seminole Trail Bridge); and
WHEREAS, Service Provider participated in the selection and negotiation process; and
WHEREAS, Service Provider is willing to provide such services for the City under the terms and
conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties covenant and agree as follows:
1.0 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by
reference.
2.0 TERM AND DEFINITIONS
2.1 This contract shall be in effect for twelve (12) months commencing on the Effective Date. The
City may extend this contract for two (2) additional one year terms, provided the City determines, in its discretion,
that Service Provider has adequately performed during the previous term of this contract. In the event this
contract is extended, the contract price may be adjusted to allow for consumer price increases based on
contractor performance and the Bureau of Labor and Statistics - Producer Price Index, not to exceed (two) 2%
percent. The adjustment will be based on the annual contract period from the same period of the previous year
and calculated prior to renewal. The Agreement may be canceled in whole or part by the City or the Service
Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non - performance on the
part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice,
all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no
further work shall be provided by Service Provider under this contract.
2.2 Definitions. The following words and phrases used in this Agreement shall have the following
meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization
for the Service Provider to provide the services approved by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into
effect. The Agreement shall not go into effect until said date.
C. "Service Provider" shall mean Schooz Corporation, D /B /A Mark Cockerill
Properties, a Florida Corporation, and its principals, officers, employees, and
agents.
d. "Public Record" shall have the meaning given in Section 119.011(1), Florida
Statutes.
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7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by
Service Provider,
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
All Service Provider's records with respect to any matters covered by this Agreement shall be made
available to the City, at any time during normal business hours, as often as the City deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the
Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement
and may result, at the sole discretion of the City, in the withholding of payment for services provided under this
Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Service Provider shall do, perform and cant' out in a professional manner all
Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill
in performing the Services that are ordinarily exercised under similar circumstances by reputable members of
Service Provider's profession working in the same or similar locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set
forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used
to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable
discretion to permit the City to determine the Work performed or the manner in which it is being performed, the
City may seek more detail from the Service Provider.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Service Provider (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of
any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly
complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any
Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce
strict discipline and good order among its employees. The Service Provider shall comply with all laws,
ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
12.1 Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized
to carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power, authority, and the
legal right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
Service Provider has been duly authorized by the board of directors and/or president
of Service Provider. In support of said representation, Service Provider agrees to
provide a copy to the City of a corporate certificate of good standing provided by the
State of Florida prior to the execution of this Agreement.
C. Service Provider is duly licensed under all local, state and federal laws to provide the
Services stated in paragraph 3.0 herein. In support of said representation, Service
Provider agrees to provide a copy of all said licenses to the City prior to the execution
of this Agreement.
13.0 WORK IS A PR_ IVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to
by and between the parties hereto that the contractual relationship between the City and Service Provider is such
that the Service Provider is an independent Service Provider and not an agent of the City. The Service Provider,
its contractors, partners, agents, and their employees are independent contractors and not employees of the City.
Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or
agents, during or after the performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's
Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project
Manager.
15.0 SAFET Y
15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety
and supervision of its principals, employees, contractors, and agents while performing Services provided
hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The Service Provider shall maintain comprehensive general liability insurance in the minimum
amount of $1,000,000 as the combined single limit for each occurrence to protect the Service
Provider from claims of property damages which may arise from any Services performed
under this Agreement whether such Services are performed by the Service Provider or by
anyone directly employed by or contracting with the Service Provider.
b. The Service Provider shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the Service
Provider from claims for damages for bodily injury, including wrongful death, as well as from
claims from property damage, which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles whether such operations
be by the Service Provider or by anyone directly or indirectly employed by the Service
Provider.
c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's
Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing
Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of
Insurance shall be provided to the City by Service Provider upon the Effective Date of this Contract which
satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days
prior to any expiration date. There shall also be a 30 -day advance written notification to the City in the event of
cancellation or modification of any stipulated insurance coverage. The City shall be an additional named
Insured on all stipulated insurance policies as its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors or agents employed
by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained
in these paragraphs for sections 15 and 16.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Service Provider and its
independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a
Public Record whether in the possession or control of the City or the Service Provider. Said record, document,
computerized information and program, audio or video tape, photograph, or other writing of the Service Provider
is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies
of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider
be open and freely exhibited to the City for the purpose of examination and /or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to
the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service
Provider under this Agreement constitutes a Public Record, Service Provider shall comply with the Florida Public
Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due
or to become due hereunder without the prior, written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the
subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If Service Provider, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates
with insurance coverage as set forth by the City.
20.0 TERMINATION: DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall
represent a default and breach of this Agreement:
a. Service Provider defaults in the performance of any material covenant or condition of this Agreement
and does not cure such other default within fourteen (7) calendar days after written notice from the
City specifying the default complained of, unless, however, the nature of the default is such that it
cannot, in the exercise of reasonable diligence, be remedied within fourteen (7) calendar days, in
which case the Service Provider shall have such time as is reasonably necessary to remedy the
default, provided the Service Provider promptly takes and diligently pursues such actions as are
necessary therefore; or
b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or
Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or
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c. Service Provider has acted negligently, as defined by general and applicable law, in performing the
Services hereunder; or
d. Service Provider has committed any act of fraud upon the City; or
e. Service Provider has made a material misrepresentation of fact to the City while performing its
obligations under this Agreement; or
f. Service Provider is experiencing a labor dispute, which threatens to have a substantial, adverse
impact upon performance of this Agreement without prejudice to any other right, or remedy City may
have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall
have the right to exercise any other remedy the City may have by operation of law, without limitation, and without
any further demand or notice. In the event of such termination, City shall be liable only for the payment of all
unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed
prior to the effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage;
strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation;
order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided
that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be
diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for
sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole
County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as
part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,
void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION: MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties has been induced by no
representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to
herein. Modifications of this Agreement shall only be made in writing signed by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a
waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
City and Service Provider.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Service Provider warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing
party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and
expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on
appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of which when so
executed and delivered shall be considered an original agreement; but such counterparts shall together constitute
but one and the same instrument.
32.0 DRAFTING
32.1 City and Service Provider each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event
of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
For Service Provider
Schooz Corporation, D /B /A Mark Cockerill Properties
3125 Heirloom Rose Place
Oviedo, FL 32766 Tel: (321) 765 -4101
For City:
City of Winter Springs
Urban Beautification Services Division
1126 East State Road 434
Winter Springs, FL 32708 Tel: (407)327-1800x315
change. 33.2 Either party may change the notice address by providing the other party written notice of the
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city
attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed
under this Agreement by Service Provider, and its employees, principals, agents,
independent contractors, and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting
from Service Provider's and its employees, partners, contractors, and agents on
the performance of the Services being performed under this Agreement;
d. Service Provider's, and its employees, partners, contractors, and agents failure
to comply with the provisions of any federal, state, or local laws, ordinance, or
regulations applicable to Service Provider's and its employees, partners,
contractors, and agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its
employees, partners, contractors, and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the City or its
commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be performed by the Service
Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,
employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with this indemnification provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City
and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
c. Exhibits to this Agreement; and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
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37.0 _AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be
found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement
and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to
carry out the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand
name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be
responsible for all coordination necessary to accommodate the material, article, or equipment being provided
without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably
equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably
equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and
allow the City to make a determination before Service Provider uses the substitute.
-- Intentionally Left Blank --
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
Their duly authorized representatives as of the date first written above.
big at
Name
Address Z 76 S c1 Q I
Telephone
CITY:
CITY OF WINTER SP RIN S, FLORIDA
By: Dated 9 /�
evin L. S ith
City Manager
ATTES
` ity Clerk's Office 1&k6
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SECTION 00700
GENERAL CONDITIONS
1. SCOPE
The scope of work includes furnishing all related work for the Winter Springs Town Center Accent and
Bollard Light Maintenance (Blumberg Blvd. and Cross Seminole Trail Bridge), for the City of Winter
Springs, including all labor, equipment, tools, materials, and incidentals, and performing of all operations
necessary as described in the Project Manual.
2. ENGINEERS
The Owner is the Engineer on this project.
3. APPLICABLE SPECIFICATIONS AND REQUIREMENTS
All work to be performed on this project shall conform to applicable specifications and requirements included
(or referenced) in these Contract Documents.
4. PERMITS AND REGULATIONS
The Service Provider shall procure and pay for all permits, licenses, and bonds necessary for the prosecution
of the Work, and /or required by municipal, State and federal regulations, laws and procedures, unless
specifically provided otherwise in the Contract Documents. The Owner shall provide all required easements.
The Service Provider shall give all notices, pay all fees, and comply with all federal, state and municipal laws,
ordinances, rules and regulations and codes bearing on the conduct of the Work. This Contract, as to all
matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all
pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision
within whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part
hereof with the same force and effect as if specifically set out herein.
5. PERFORMANCE AND PAYMENT BONDS (not used)
6. BID BOND (See Section 00100, paragraph 1.4 B)
7. INSURANCE AND HOLD HARMLESS INDEMNIFICATION (see SECTION 00500, Paragraph 16.0)
Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall
indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims,
damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or
resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other
than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any
negligent act or omission of Service Provider, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or
arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
In any and all claims against Owner or any of their consultants, agents or employees by any employee of
Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for Service Provider or any such
Subcontractor or other person or organization under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
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Service Provider's Liability Insurance - The Service Provider shall not commence any work under this
Contract until he has obtained all insurance required under this paragraph. Service Provider shall purchase
and maintain such comprehensive general liability and other insurance as is appropriate for the Work being
performed and fumished and as will provide protection from claims set forth which may arise out of or result
from Service Provider's performance and furnishing of the Work and Service Provider's other obligations
under the Contract Documents, whether it is to be performed or furnished by Service Provider, by any
Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work,
or by anyone for whose acts any of them may be liable. The insurance required by this paragraph shall
include the specific coverage's and be written for not less than the limits of liability and coverage's provided or
required by law, whichever is greater. The comprehensive general liability insurance shall include completed
operations insurance. The comprehensive general liability insurance shall also include Contractual Liability
Insurance applicable to Service Provider's obligations under the Hold Harmless Indemnification. All of the
policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof)
shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed
or renewal refused until at least thirty days' prior written notice has been given to Owner by certified mail. All
such insurance shall remain in effect until final payment and at all times thereafter when Service Provider may
be correcting, removing or replacing defective work in accordance with the Contract Documents. Service
Provider's General Liability Insurance shall include the Owner, and Owner's consultants as insured or
additional insured which may be accomplished by either an endorsement of Service Provider's
Comprehensive General Liability policy or by Service Provider's carrier issuing a separate protection liability
policy.
Various types of coverage and corresponding limits are further described under Article 16.0 of the Agreement
(Section 00500).
8. SALES TAX
The Service Provider shall include in his bid, and shall pay, all Florida State sales tax and other local, State,
and Federal taxes in accordance with existing laws and regulations.
8. LAYOUT OF WORK (not used)
10. CHANGES IN THE WORK
The owner may, at any time, or from time to time, without invalidating the Agreement order alterations,
deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order
Service Provider shall promptly proceed with the Work involved which shall be performed under the
applicable conditions of the Contract Documents.
Any deviations from these specifications, plans and contract documents, must be approved by the Owner in
advance of the construction either by a written and executed Change Order or a written Field Order.
The Service Provider agrees that he will do such work as may be required for the proper execution of the
whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the
proper completion of the work. The Service Provider agrees that he will make no claim for extra work unless
that material or work is not covered by, or properly inferable from the Contract Documents. If the Service
Provider makes a claim for an extra or additional cost and requests a Change Order be issued prior to
performing the work, and the Owner renders a decision denying such request, the Service Provider must
notify the Owner in writing within 3 days of the time that the Service Provider is informed of the Owner's
decision. Otherwise the Owner will not consider any such difference as a claim for a Change Order or
additional payment or time. Any such written notice received by the Owner from the Service Provider within
the 3 -day period shall be just reason for the Owner to re- evaluate his previous decision.
11. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS
The Advertisement for Bids, Proposal and Agreement, General Conditions, Special Conditions, and addenda,
any change orders, the drawings and specifications, and any supplementary documents are essential parts of
this contract, and together constitute the Contract Documents. Any item shown on the drawings shall be
considered as included in the specifications, whether specifically mentioned therein or not, and vice versa.
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Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the
Service Provider of the obligation to furnish a first -class job in accordance with the best standard practice and
in accordance with the intent of the Contract Documents.
A. In case of conflict, the precedence of the Contract Documents shall be as follows:
1. Service Provider's Bid (Proposal) and Agreement
2. Change Orders
3. Special Conditions
4. Advertisement
5. Instructions to Bidders
6. General Conditions
7. Drawings
An addendum issued prior to bid, may modify any of the contract documents in existence at that time.
The addendum takes precedence over the previous issue of the contract document being modified.
12. FINAL DRAWINGS (not used)
13. CONSTRUCTION SCHEDULE (not used)
14. PAYMENTS
The Contractor shall give a detailed invoice and written report at the end of each month describing the work
performed, chemicals used and volumes of chemicals at each of the designated locations listed in this
agreement. If any repair work, or plantings were made during the month, a detailed description of the work
performed, plantings and /or repairs are to be listed with their respective locations and attached to the invoice.
The City Representative prior to processing for payment will review these invoices. In case of any conflicts,
an inspection of the area and work in question will be made by the City Representative and an authorized
representative of the Contractor at a time agreed upon by both parties not more than five (5) working days
after receipt of invoices. Once the City Representative has approved the invoices, payment will be thirty (30)
days thereafter.
A. Progress payments may be withheld if:
1. Work is found defective and not remedied;
2. Repairs or replacements have not been made for which the Contractor is responsible;
2. Contractor does not make prompt and proper payments to subcontractors;
3. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him;
4. Another Contractor is damaged by an act for which Contractor is responsible;
5. Claims or liens are filed on the job; or
6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
15. PAYMENTS WITHHELD
The Owner will disburse, and shall have the right to act as agent for the Service Provider in disbursing such
funds as have been withheld pursuant to Section 00700, paragraph 14, to the party or parties who are entitled
to payment therefrom. The Owner will render to the Service Provider a proper accounting of all such funds
disbursed in behalf of the Contract.
16. OWNER'S RIGHT TO TERMINATE THE CONTRACT (see SECTION 00500, Paragraph 20.0)
17. GENERAL GUARANTEE (not used)
15
18. APPAREL
All service provider personnel shall maintain a professional, neat and appropriate appearance when on job
site in order to reflect the standards of the City of Winter Springs. Marked uniforms shall be worn when
working on the project. Safety vests and footwear shall conform to the appropriate OSHA standards as
applicable.
END OF SECTION
16
SECTION 01010
SUMMARY OF WORK
1. GENERAL
1.1 Work Covered by Contract Documents
A. The work to be performed under this Contract consists of all related work for the Winter Springs
Town Center Accent and Bollard Light Maintenance (Blumberg Blvd. and Cross
Seminole Trail Bridge). Perform all work in accordance with the Contract Documents furnish
all materials, equipment, tools, and labor which are reasonably and properly inferable and
necessary for the proper completion of the work, whether specifically indicated in the Contract
Documents or not.
B. The Service Provider shall be obligated, subject to immediately or promptly to repair to the City's
Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other
property within the areas specified in this agreement. In the event the Service Provider has not
repaired any such damage within reasonable time, as determined by the City's Representative,
the City may repair such damage and deduct such cost from the next payment due to the Service
Provider. The Service Provider shall be liable to the City for any such cost in excess of the
amount deducted by the City.
C. The Service Provider shall be obligated to immediately notify the City Representative verbally and
follow in writing within twenty -four (24) hours after the event of any damage which the Service
Provider discovers, or should have discovered in the exercise of reasonable care, whether or not
such damage was caused by the Service Provider.
2. CONTRACT
2.1 General
A. This project shall be executed as a unit price contract.
B. The project as shown on the Drawings and described in these specifications constitutes the work
to be performed under this contract.
3. SAFETY REQUIREMENTS
3.1 General
A. Any equipment and tools used in performing the work under this Agreement shall conform to the
Florida Department of Transportation - Manual of Uniform Traffic Devices as applicable.
B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and
shall be provided with the proper noise reduction and safety devices as prescribed by the
Occupational Safety and Health Administration (OSHA).
17
SECTION 01100
TECHNICAL SPECIFICATIONS
Winter Springs Town Center Accent and Bollard Light Maintenance
(Blumberg Blvd. and Cross Seminole Trail Bridge)
SPECIFIC TASKS
1.0 Inspections
Monthly (1x per month) inspection and maintenance of lighting systems at the Blumberg Boulevard
Medians and Cross Seminole Trail Bridge (SR 434).
• Check each light for operation.
a. Adjust each light fixture and clean lenses as necessary.
b. Replacement of light bulbs as necessary (except as noted in Section 2.2b below).
• Check each transformer for proper time and operation.
a. Set time and date as needed (if applicable).
b. Check photo cell (if applicable) for proper operation.
• Check each breaker and /or power outlet for proper operation (if applicable), reset GFI's as necessary.
• Warranties on equipment shall be honored by contractor.
• Vandalism, theft, acts of nature, replacement/repair of wiring, fixtures and transformers shall be at an
additional cost of $35.00 per hour labor plus materials (materials provided at wholesale cost plus 15% for
overhead). Quotes must be provided before any additional work is authorized.
• All replacement parts shall be of commercial quality and of equal specification as the original equipment.
A manufacturer's warranty of at least 1 year shall apply to all transformers and light fixtures installed as
part of this agreement.
2.0 Service Locations
1. Map A - Blumberg Boulevard (Bollards, Column lights and Veteran's Memorial Area)
a. Bollards in medians along Blumberg Blvd. Eighty -Six (86) Bollard lights.
b. Column lights on pavilions and vertical structures. Forty -eight (48) column lights.
c. Soot and deck liahts at the Veteran's Memorial Area. Twenty (20) spot lights at ground level,
structure mounted and flag pole mounted. Fourteen (14) low voltage deck lights at plaques
(includes transformer).
2. Map B - Cross Seminole Trail Bridge (Column Up- lighting)
a. SR 434 and Cross Seminole Trail Bridge. Eight (8) up- lights at columns.
b. Light bulbs replaced at a cost of time and materials for this area.
Note — Each service location (1 & 2) shall be billed on a separate monthly invoice detailing the date, adjustments,
additional labor and repairs made during the monthly visit.
3.0 Additional Terms and Conditions
All existing plantings and fixtures on -site shall remain undisturbed and protected during work related to
this project. Damage to existing hardscapes, plants, irrigation or wiring shall require repair or
replacement by the Service Provider within 48 hours.
The project site shall be cleaned of any debris and equipment prior to the end of each service visit.
It is the responsibility of the Service Provider to research the jobsite, project manual and all aspects of the
project prior to commencement of work related to the Winter Springs Town Center Accent and
Bollard Light Maintenance (Blumberg Blvd. and Cross Seminole Trail Bridge).
18
SECTION 01150
METHOD OF MEASUREMENT AND BASIS OF PAYMENT UNIT PRICE BID
1. GENERAL
A. Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all
manpower, equipment, materials, and performance of all operations relative to execution of this
project, will be made under Pay Items established in the Bid Form. Work for which there is not a
Pay Item will be considered incidental to the Contract and no additional compensation will be
allowed.
B. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary,
and increase or decrease the work to be performed to accord with such changes, including
deductions or additions to the scope of work outlined in the Contract Documents. Changes in the
work shall not be considered as a waiver of any conditions of the Contract nor invalidate any
provisions thereof. Changes resulting in changes in the scope or quantities of Work or time or
other conditions of work will be basis for consideration of a Change Order, which is to be
negotiated and executed before proceeding with the work.. Work, which has not been authorized
by a written Change Order, will not be subsequently considered for additional payment.
C. If the Service Provider makes a claim for an extra or additional cost, and requests a Change
Order be issued prior to performing the work, and the OWNER renders a decision denying such
request, the Service Provider must notify the Owner in writing within 3 days of the time that the
Service Provider is informed of the Owner's decision. Otherwise the OWNER will not consider
any such difference as a claim for a Change Order or additional payment or time. Any such
written notice received by the Owner from the Service Provider within the 3 -day period shall be
just reason for the Owner to re- evaluate his previous decision.
2. PAY ITEMS
The unit and Lump Sum prices stated in the Contract to be paid for respective items shall be payment
in full for the completion of all work, specified and described to be included in the respective items,
complete and ready for use and operation, including testing, as shown on the Drawings and as
specified. Payment will be made under each item only for such work as is not specifically included
under other items.
3. SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in
this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were
used to provide the agreed -upon Services. If the detail in not sufficient in the City's Project Manager's
reasonable discretion to permit the City to determine the Work performed or the manner in which it is
being performed, the City may seek more detail from the Service Provider. Any other reports deemed
necessary or set forth in this Agreement shall also accompany application for payment.
19
-
SECTION 01300
SUBMITTALS
1. GENERAL REQUIREMENTS
1.1 Description
Work Specified Herein and Elsewhere
A. This Section includes but is not limited to requirements for the following:
1. Work Schedules.
2. Progress Reports.
3. Shop Drawings, Product Data, Samples and Replacement Parts.
2. SCHEDULES AND REPORTS
2.1 Schedule of Operations
Service Provider shall submit a schedule of installation operations to the Owner for approval prior to
commencement of Work. The operations shall be sequenced to provide a minimum of interruption to the
use of the existing facilities including but not limited to roadways and shall be set during reasonable work
hours so as to comply with all noise ordinances of local governments. Service Provider shall inform the
Owner of any changes in the schedule and allow ample time for the Owner to alter operations as required
by the execution of the various components of the work. Approval of traffic control and schedules shall be
obtained from the governmental entity having jurisdiction over the area of work.
2.2 Submittal of Progress Reports
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in the
Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to
provide the agreed -upon Services. The report shall also reflect any noted concerns or problems by the
Service Provider within the affected contract parameters.
2.3 Submittal of Damage and Repair Reports
In the case of conflict, an inspection of the area and work in question will be made by the City's
Representative and an authorized representative of the Service Provider within five (5) workings days
after receipt of the invoice. Once the City has approved the City's Representative's recommendation for
payment, payment will be made.
3. PRODUCT DATA, AND SAMPLES
3.1 Shop Drawings (not used)
3.2 Product Data
Product data are manufacturer's standard schematic drawings and manufacturers catalog sheets,
brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive
data.
20
3.3 Samples
Samples are physical examples to illustrate materials, equipment, or workmanship and to
establish standards by which work is to be evaluated.
3.4 Service Provider's Responsibilities
A. Prior to submission, the Service Provider shall thoroughly check product data, and samples for
completeness and for compliance with the Contract Documents and shall verify all dimensions
and field conditions and shall coordinate the drawings with the requirements for other related
work.
B. The Service Provider's responsibility for errors and omissions in submittals is not relieved by the
Owner's review of submittals.
C. The Service Provider shall notify the Owner, in writing, at the time of submission, of deviations in.
submittals from the requirements of the Contract Documents and is not relieved by the Owner's
review of submittals, unless the Owner gives written acceptance of specific deviations.
D. Begin no work, which requires submittals until return of submittals indicating the submittal has
been reviewed.
END OF SECTION
21
m
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i
Memo
To: City Clerk's Office
From: Steven T. Richart, Urban Beautification Manager
CC: Kevin Smith, City Manager
Date: 9/15/2009
Re: Town Center Accent and Bollard Light Maintenance
Dear City Clerks:
Please find three (3) originals of the following Winter Springs Town Center Accent and Bollard
Light Maintenance Contract that requires signature of the City Manager for execution. The contract
was bid to three vendors with the base contract cost as follows (backup attached):
e Schooz Corporation, DBA: Mark Cockerill Properties $4,740 yr.
e Lightscapes Outdoor Lighting
e Custom Cover
$6,106.08 yr.
No Bid / Declined
Staff is recommending we accept Mark Cockerill Properties at an annual base cost of $4,740 yr.
Cockerill has been maintaining these areas for the past year and has done a good job thus far.
Someone from the Clerk's Office will need to attest each of the three (3) originals for all agreements.
Once they have been fully executed, please return two (2) originals from each agreement to me and
one (1) original should remain with the City Clerk's Office.
Thank you very kindly,
%ve4,. T. Rte"
1
MARK COCKERILL
........................................... ...............................
Property Maintenance
3125 Heirloom Rose Place
Oviedo
Florida
32766
Tel 321 765 4101
Tel 321 609 1424
Email nataliecockerill @aol.com
23rd July 2008
Steven Richart
Urban Beautification Manager
1126 E. State Road 434,
City of Winter Springs,
Florida.
32708
QUOTATION
and Management Services
Please accept my tender for monthly maintenance review of Bollard lights and Colum lights at Blumberg
Boulevard Winter Springs Town Centre.
This service will include a once monthly inspection and replacement of blown bulbs at $270.00 per month
inclusive of bulbs.
Labor charge $35.00 per hour for any other requirements e.g. fuses, ballasts, lens or replacement units.
Vandalism or damage from landscapers would also incur the 35.00 per hour labor fee.
All replacements parts required will be charged to the city.
Memorial area to include flag pole, inner circle lights, up lights to Eagles, landscape spots, and memorial
roll lights. This service will include a once monthly inspection and replacement of blown bulbs at $100.00
per month inclusive of bulbs.
Monthly Maintenance inspection of Cross Seminole Bridge lights 25.00 per month labor and bulb cost
charged to city as required.
Thank you for considering our quotation please be assured of our commitment to a high standard of
work.
Sincerely,
Natalie Cockerill
Administrator.
INSURED & BONDED. BUSINESS LICENCE 6395.
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OUTDOOR LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792
(407)895 -9000
I Name / Address I
City of Winter Springs
1126 E SR 434
Winter Springs, FL 32708
Attn: Steve Richart
Proposal
Date
Estimate #
1
8/13/2(m
129
Fax #
(407)679 -4555
Description
Total for all area
Service Agreement per month for all Column lights on Pavilions in garden area behind 'Gown Center at
96.82
Winter Springs
Service includes
48- Column lights on Pavilions
5o 0
Service will include
�szls-n
Checking of all lights
Cleaning lenses
Adjusting Fixtures
Change bulbs when due
Labor
This agreement does not include
Vandalism
Stolen Product
Broken Product
Acts of God
If damage is done to system due to the above, we shall send a proposal with a quote to repair.
Please call Steve Piermont if you have any questions. 407 - 947 -4188
Total for all area $96.82
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129
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OUTDOOR LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792
(407)895 -9000
I Name / Address i
City of Winter Springs
1126 E SR 434
Winter Springs, FL 32708
Aun: Steve Richart
Proposal
Date Estimate #
8/13/2009 126
Fax #
(407)6794555
Description
Total for ail area
Service Agreement per month for Veterans Memorial in Town Center at Winter Springs
93.87
Service includes
20- High Voltage Spot lights to illuminate Memorial
14- Uow Voltage Dock lights for Memorial Plaque
Service will include
Checking of all lights
Cleaning lenses
Adjusting Fixtures
Change bulbs when needed
Labor
'this agreement does not include
Vandalism
Stolen Product
Broken Product
Acts of God
If damage is done to system due to the above, we shall send a proposal with a quote to repair,
177 call Steve Piermont if you have any questions. 407 -947 -4188
Total for all area $93.87
1 G i
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OUTDOOR LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792
(407 )895 -9000
I Name / address I
City of Winter Springs
1126 E SR 434
Winter Springs, FL 32708
Attn: Steve Richart
Proposal
Date
Estimate #
8113/2009
185
Fax #
(407)679 -4555
Description
Qty
Rate
Total for all area
Service Agreement per month for Seminole County Walking Trail
32.65
32.65
Bridge over SR 434
Service includes
Inspecting 8- High Voltage Well lights along bridge.
Service will include Only Labor
Checking of all lights
Clean lenses
Inspect fixtures
Adjust Lights for Alignment
This agreement does not include
Vandalism
Stolen Product
Broken Product
Acts of God
If damage is done to system due to the above, we shall send a
proposal with a quote to repair.
Estimate for Replacement bulbs
8
118.35
946.80
8- High Voltage Well light bulbs
Recommend per year
Total for all area $979.45
A
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OUTDO R LIGHTING SYSTEMS, INC.
4840 N. Palm Ave
Winter Park, FL 32792
(407)895 -9000
I Name / Address
City of Winter Springs
1126ESR434
Winter Springs, FL 32708
Attn: Steve Richart
Proposal
Date
Estimate #
8/1312009
128
Fax #
(407)679 -4555
Description
Total for all area
Service Agreement per month for Main Park Garden areas behind Town Center at Winter Springs
285.50
Service includes
86- Ballard Post Lights along walkway
Service will include
Checking of all I ights
Cleaning lenses
Adjusting Fixtures
Change bulbs when due
Labor
This agreement does not include
Vandalism
Stolen Product
Broken Product
Acts of God
If damage is done to system due to the above, we shall send a proposal with a quote to repair.
*We need to know the Manufacture of the Ballard Fixtures to repair Ballast in part fails*
Please call Steve Pierrnont if you have any questions. 407 - 947 -4188.
Total for all area $285.50
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Florida Profit Corporation
SCHOOZ COMPANY
Filing Information
Document Number P07000049569
FEI /EIN Number 208947280
Date Filed 04/24/2007
State FL
Status ACTIVE
Principal Address
3125 HEIRLOOM ROSE PLACE
OVIEDO FL 32766 US
Changed 04/14/2009
Mailing Address
3125 HEIRLOOM ROSE PLACE
OVIEDO FL 32766 US
Changed 01/31/2008
Registered Agent Name & Address
OLSON, ANTHONY E
2020 CATTLEMEN ROAD
SUITE 100
SARASOTA FL 34232 US
Address Changed: 01/31/2008
Officer /Director Detail
Name & Address
Title DPTS
COCKERILL, NATALIE
3125 HEIRLOOM ROSE PLACE
OVIEDO — 32766 US
Title DVP
COCKERILL, MARK
3125 HEIRLOOM ROSE PLACE
OVIEDO — 32766 US
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