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Backup Documents 11/09/2010 Item #16A 8• � i MEMORANDUM Date: November 24, 2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5503: Installation and Maintenance of Traffic Signals and Roadway Lighting Contractor: Southern Signal & Lighting (Primary Contractor) Attached is an original copy of the document referenced above, (Item #16A8) approved by the Board of County Commissioners Tuesday, November 9, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment • Purchasing Department 3327 CD Ter, couvtty Naples, Tamiami Trail East Naples, Florida 34112 Ati ni Services Dansion Telephone: (239) 252 -8941 Purchasing FAX: (239) 252 -6700 Email: RhondaCummings @colliergov.net www.colliergov.net ITEM NO.: �U� DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: 11/9/10 To: Jeff Klatzkow� ) County Attorney's Office From: Rhonda Cummings, Contract Specialist Re: Solicitation # 10 -5503 "Installation & Maintenance of Traffic Signals" Contractor: Southern Signal & Lighting, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on November 9, 2010, agenda item 16.A.8. This item has not been previously submitted. K I /�/ ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. C: John Miller, Const. & Maint. Trans. Eng. \ \\A° o G /Acqu isit ion s/ AgentFormsand Letters/Risk MgmtReviewoflnsu ran ce4 /15/2010/16/09 16Ag CHECKLIST FOR REVIEWING CONTRACTS Entity Name: �L (� _ U 041 Entity name correct on contract? \�J\ No Entity registered with FL Sec. of State? Yes No 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 $ Products /Compl /Op Required $iyr� Personal & Advert Required $_ Each Occurrence Required $� Fire /Prop Damage Required $ _ Automobile Liability \\ Bodily Inj & Prop Required $ \ m s _ _1 Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ k Y es No s No es _ No es No Provided $_v Provided Provided $ Provided $ r t Provided $_�� Provided $ )l M*, \ \ _ Provided Provided $ t. 1 Provided $ _ Exp. Date Exp. Date �' t Exp. ate D Exp. Date Exp. Date n Exp Date Exp Date Exp Date Exp Date Umbrella Liability Each Occurrence Provided $ Exp Date Aggregate Provided $ Exp Date Does Umbrella sufficiently cover any underinsured portionu,' Yes _ _. No Professional Liability Each Occurrence Required $ _ Provided $ Exp. Date Per Aggregate Required $ Provided $. Exp. Date Other Insurance Each Occur Type:_ _ Required $ Provided $, _._ - -_ _ Exp Date County required to be named as additional insured? Yes No County named as additional insured? - _Yes No Indemnification Does indemnification meet County standards? _ _ Yes Is County indemnifying other party? _Yes No Performance Bond Bond requirement referenced in contract? Yes No If attached, expiration date of bond Does dollar amount match contract'? Yes No Agent registered in Florida? Yes No 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? do do 7o do 7o Jo ]o 1 W Yes _ No V_ Reviewer Initials D- Date'. 04 -COA- 7 0/22 Co liar county Admnistrative Services Wsion Purchasing Memorandum • j 0 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8941 FAX: (239) 252 -6700 Email: RhondaCummings(a)colliergov.net www.colliercov. netlpurchasing Subject: Solicitation # 10 -5503 "Installation & Maintenance of Traffic Signals" Date: 11/9/10 From: Rhonda Cummings, Contract Specialist To: Ray Carter, Risk Manager This Contract was approved by the BCC on November 9, 2010, agenda item 16.A.8 The County is in the process of executing this contract with Southern Signal & Lighting, Inc. The insurance requirements are on pages 3 & 4. Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Ins nc oved aolle Risk gement Slgna ure BATE RECEIVED NOV 10 2010 C: John Miller, Const. & Maint. Trans. Eng. RISK CcM[4r (Please route to County Attorney via attached Request for Legal Services) G/Acq u isitions/Agen tFo rmsa nd Letters /RiskMgmtReviewof Ins urance4 /15/2010/16/09 • s • mausen_g From: RaymondCarter Sent: Wednesday, November 17, 2010 11:40 AM To: CummingsRhonda Cc: mausen_g, HerreraSandra; Miller—John Subject: Contract 10- 5503 "Installation & Maintenance of Traffic Signals" All, I have approved the certificate(s) of insurance for the above referenced contract by Southern Signal & Lighting, Inc. which will now be forwarded to the county attorney's office for their review. Thank you, U."Ma Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your a -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation SOUTHERN SIGNAL & LIGHTING, INC. Filing Information Document Number P04000169548 FEI /EIN Number 20203154 Date Filed 12/20/2004 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/05/2008 Event Effective Date NONE Principal Address 13541 GARRIS DRIVE HUDSON FL 34667 US Mailing Address PO BOX 5142 HUDSON FL 34674 US Changed 04/25/2006 Registered Agent Name & Address COLEMAN, JAMES T 13541 GARRIS DRIVE HUDSON FL 34667 US Officer /Director Detail, Name & Address Title P COLEMAN, JAMES T 13541 GARRIS DRIVE HUDSON FL 34667 US Title SEC COLEMAN, DANIELA G 13541 GARRIS DRIVE HUDSON FL 34667 US Title VP PORTO,FERNANDO 12958 NW 9 TERR MIAMI FL 33182 Document Searches Pal 6f Forms Help Entity Name Search Submit http: / /www.sunbiz.org/ scripts /cordet.cxe? action= DETFIL &inq_doc_number= P040001695... 1 0/4/2010 www.sunbiz.org - Department of State 1 &gA282 Annual Reports Report Year Filed Date 2008 04/22/2008 2009 04128/2009 2010 04/23/2010 Document Images 04/23/2010 --ANNUAL REPORT View image in PDF formate 04/28/2009 -- ANNUAL REPORT View image in PDF format 12/0512008 -- Amendment View image. in PDF format - 04/22/2008 -- ANNUAL REPORT View image in PDF format 04/2712007 --ANNUAL REPORT View image in PDF format 04/25/2006 — ANNUAL REPORT View image in PDF format '. . 04/25/2005 -- ANNUAL REPORT View image in PDF .format - 12/20/2004 -- Domestic Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List jEntity Name Search Events No Name History Submit. i Home i Contact us i Document SearOes i E- Filing Services i Forms i Help CopyrightO and Privacy Policies state of Florida, Department of State http: / /www.sunbiz.org /scripts /cordet.exe ?action = DETI-IL &inq doc _ number— P040001695... 10/4/2010 • 1 0I A G R E E M E N T 10-5503 for Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT is made and entered into this it'�' day of koj.2w her , 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Southern Signal & Lighting, Inc., authorized to do business in the State of Florida, whose business address is 13541 Garris Drive, Hudson, Florida 34667 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on N%ov ew, () .r 9, 2010 and terminating A4 Yz kk 6ci *- F_, 2011 or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the 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 two (2) firms to be pre - qualified and awarded a Contract to each firm on a Primary/Secondary basis. Southern Signal & Lighting is identified as the primary contractor. Each awardee will enter into an Agreement to provide all Material, Labor, Equipment, Maintenance of Traffic (MOT), Vehicles, and any other items required on a Furnish and Install Lump Sum Basis to assist on an as- needed basis Traffic Operations in routine and emergency operations, maintenance, repairs, and upgrades of Traffic Signals and Roadway Lighting that is under the jurisdiction of Collier County Traffic Operations. The bid consists of: Contract Service Type 1 — New Traffic Signal, Upgrade and /or Component Installation, Contract Service Type 2 — Traffic Signal and System Maintenance and Repair, Contract Service Type 3 — Roadway Lighting Troubleshoot and Repair Contract Service Type 4 - Replacement of Standard Aluminum Pole Due to Vehicle Knock -Down This shall include, but not be limited to, routine and emergency Traffic Signal Maintenance and Repair Work, Upgrading Span Wire traffic Signal Installations to Mast Arm Traffic Signal Installations, and Roadway Lighting Maintenance and Repair Work in all areas of Collier County that are under the jurisdiction of Collier County Traffic Operations on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #10 -5503 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 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 outlined 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. Page -1- Prior to the issuance of a Purchase Order, 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 new work. The work shall consist of one or more individual work assignments, or groupings of work assignments. The Contractor shall respond with the information sought within seven (7) working days. A Purchase Order for the quoted work will be awarded to the primary Contractor if that Contractor is able to complete the non - emergency work in the timeframe and within the budget required by the County. If the primary Contractor cannot meet the required timeframe and /or budget, a quote will be obtained from the secondary Contractor. 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. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work on a lump sum (furnish and install) core compensation basis per the State of Florida Department of Transportation Basis of Estimates in accordance with the Contract documents and Florida Department of Transportation Standard specifications for Road and Bridge Construction, 2010 edition, Florida Department of Transportation Design Standards 2010 Edition, and Collier County Traffic Operations, Traffic Signal & Roadway Lighting Technical Special Provisions pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation and in accordance with the unit prices as described in the response to the RFP. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this 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: Southern Signal & Lighting, Inc. Post Office Box 5142 Hudson, FL 34674 727 - 819 -2061; dgcolemanetampabay.rr.com James T. Coleman, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e -mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- i.s: 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000.00 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. Page -3- 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 $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant 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. 12. PAYMENTS WITHHELD. Owner may decline to approve an invoice, or portions thereof, because of defective or incomplete work, outstanding items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 14. CONTRACT TIME AND TIME EXTENSIONS. Page -4- • A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Purchase Order modification shall be issued and executed promptly after an agreement is reached between the Contractor and the Project Manager concerning the requested changes. The Contractor shall promptly perform changes authorized by duly executed Purchase Order modification. The contract amount and contract time shall be adjusted in the Purchase Order modification the manner as Project Manager and Contractor shall mutually agree. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove Page -5- all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Page -6- B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. In the event of an emergency, where a potential safety hazard may exist or where traffic is delayed or impeded, the County may deem the repair to be an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Authorization for Emergency repairs shall be given verbally by telephone, with written documentation to follow within twenty -four (24) business hours. 24. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Traffic Operations Department. 27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 10 -5503, any addenda, any Quotation /Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 28. 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 Page -7- 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. 29. 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. 30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31. 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 constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. VENUE: 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. 33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34. 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. 35. 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. 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: ' 4 n; Dwight E. Brock Clerk 8f"Eourts By: Dated: 4 4tgnetwe of". First Witness 1'ez,z,' - Lee KA4:,,; Type /Print tgess Name Second W'n ss P.a.t�.ra G CoL-F—h�..3 Type /Print Witness Name Approved as to form and legal fficiency: Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Fred W. Coyle, Chairman Southern Signal & Lighting, Inc. Contract r By: Signature JA MV s 1 c -O.Ac. r`a J Typed Signature Title Item # Agenda Date Y l 1 L Date Recd epury Ir_ ► . CERTIFICATE OF LIABILITY INSURANCE y 10118110 a110 no THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S� AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 PRODUCER 904- 396 -1711 Bissell &Associates Ins.,lnc. 904 - 396 -4980 3305 Hendricks Ave. Jacksonville, FL 32207 David S. Bissell CONTACT PROT Ert: AX No: E AAa POLICY EFF -ADDRESS: PRODUCER TOM RIOT SOUTSII INSURERS) AFFORDING COVERAGE NAICt INSURED Southern Signal & Lighting POB 5142 Hudson, FL 34674 ' N,URERA: Scottsdale Insurance Company MMpDIYYYY INSURERS i Progressive American Ins. Co. _ _ _ 10193 _. INSURER C INSURER D : INSURER E EACH OCCURRENCE INSURER F: PREMISES'Ea occonenca COVERAr_cc rPRTIPIrATF NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION 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. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. - -� -- _ "' "- INTSRR THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. POLICY EFF POLICY EXP ( LIMITS TYPE OF INSURANCE NAR POLICY NUMBER MMpDIYYYY MM,DD/YYVY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES'Ea occonenca $ 50.00 A X COMMEPCV, GENERAL_wBIUTY X ICLS1575739 02/04110 (2104111 MEDEXP(Anyonepersan) I$ 5,00 AIMGMADE X OCCUR PERSONA -sADV w.uRY ! $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 i GEN 'L AGGREGATE LIMIT APPLIES DER. PRODUCTS- COMPIOPAGG $ 2,000,00 Is X PCLCY PRO- ILOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 B 1 035624283 0630110 06/30/11 ' enp aYeNLJRY(Perpersn) _ O $ ANY AUTO —ALL ^ OWNEDAUTOS ' ILx— BODILY IN.URY(Peraco0onryl$ SCHEDUL -D AUTOS PROPERTY DAMAGE -$ HIRED A TOS IPer accltlerr.) $ INON-OANEDAUTOS Is UMBRELLA LIAR OCCUR I EACH OCCURRENCE $ I$ EXCESS LAS I CLAIMSLMAGEI I AGGREGATE DEDUCTIBLE $ $ �~L RETENT,ON $ wORKER3 COMPENSATION WC STATU- OTH- TORY LIMITS ER ANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIErECUTIVE Y�N/A �EL EACH ACCIDENT $ OFROERNIEMBEREXCLUDE01 (Mandatory In NI-) - - D EMPLOYEE $ l Ryes deembe under DESCRIPTION Cr OPERATIONS below EL DISEASE - POLICY LIMIT - $ l DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If Mon apace le requind) Collier County Contract # 105503 to liability Certificate holder Is additional Insured with respects general cerrev-Arc HOLDER CANCELLATION w ivuv-xUVa ACORD CORPORATION. ION. Ah rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POUCHES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board Of County Commissioners AUTHORIZED REPRESENTATIVE Purchasing 3301 East Tam iamITraiI Naples 34112 w ivuv-xUVa ACORD CORPORATION. ION. Ah rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD -- --- - - - - -- -- - - - - -- CERTIFICATE OF LIABILITY INSURANCE 10/15/2010 PRODUCER SBrlal # 176803 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FRANKCRUM INSURANCE AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 S. MISSOURI AVE. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FrankCrum 1- 800 - 277-1620 INSURERC: 100 S MISSOURI AVENUE INSURER M CLEARWATER FL 33756 INSURER 9 - -- TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES. ]POUCY EFFECTIVE PC FIR ION LIMITS INS' ADD -L TYPE OF INSURANCE POLICY NUMBER DATE MSVDD/YY DATE MMID LTR INSRD FACH OCCURRENCE S GENERALIIASIUTY FIRE DAMAGE ( ene An) $ COMMERCIAL GENERPL LIABILITY S CWW MADE OCCUR MEOEXP ou on PERECNAL &ADV INJURY S GENERALAGGREGATE E PRODUCTS - COMPIOP AGG S GENT AGGREGATE UMIT APPUES PER POLICY PROJECT LOC COMBINEDSINGLEUMR E AUTOMOBILE UABIUTY (Ee eeGWrp MY AUTO - BODILYIWURV E ALL OWNEDAUMB (per person) SCHEDULED AUTOS BWILYIWURY E HIRED A1R05 (PereaMenp NON -0WNED AUTOS PROPERTY DAMAGE $ (Per ecGmnD AUTOONLY- EAACCIDENT $ OTME'THAN EAACC E GARAGE LIABILITY AG6 E AWAUTO E b lXCESSI UMBRELLA LWILITY ❑CLASAS MADE OCCUR W�GRE�� DEWCTISLE RETENTION E OTHER s WORIERSCONPEN AT IONAND WC201000001 07/01/2010 01/01/2011 A EMPLOYERS' UASWTY PROPMETORIPARTNERIEIECUTNE NT $ 1,000000 OFFICER I MEMSEREXCLUOED? ELDISEASE-EAEMPLOYEE $ 1,000000 SYU, d.e mmnr E.L. DISEASE - POLICY LIMIT $ 1000000 SPECWLPROVMIONSWI— OTHER VEHICLES I EXCLU &DNS AWED SY ENDORSEMENT I SPECIAL PROVISIONS DESCRIPTION OF OPEMTMS I LOCATIONS I IS FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO EFFECTIVE 09/1212009, COVERAGE SOUTHERN SIGNAL & LIGHTING, INC. CLIENT IS REPORTING HOURS TO FRANKCRUM- COVERAGE IS NOT EXTENDED (CLIENT) FOR WHOM THE TO STATUTORY EMPLOYEES.RE:CONTRACT 10 -5503 _ CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL. 34112 OULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION 'E THEREOF, THE ISSUING INSURER WRL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SHALL IMPOSE OSUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR WTHOMZED REPRESENTATIVE • I i MEMORANDUM Date: November 24, 2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5503: Installation and Maintenance of Traffic Signals and Roadway Lighting Contractor: E.B. Simmonds, Inc. (Secondary Contractror) Attached is an original copy of the document referenced above, (Item #16A8) approved by the Board of County Commissioners Tuesday, November 9, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment � s •° s ITEM NO.: 10 on Js> FILE NO.: ROUTED TO: Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8941 FAX: (239) 252 -6700 Email: RhondaCummings @colliergov.net www.colliergov.net DATE RECEIVED: -1W tt) 221 DO NOT WRITE Request for Legal Services Date: 11/9/10 To: Jeff Klatzkow County Attorney's Office From: Rhonda Cummings, Contract Specialist Re: Solicitation # 10 -5503 "Installation & Maintenance of Traffic Signals" Contractor: E.B. Simmonds, Inc. a 0 j re* � �l BACKGROUND OF REQUEST: This contract was approved by the BCC on November 9, 2010, agenda item 16.A.8. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: ,III Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. C: John Miller, Const. & Maint. Trans. Eng. \V ' n 111 ��cv\ -o G b- G/ Acquisitions /Ag entFormsa nd Lette rs /R isk MgmtReviewofl n s u ra n ce4 /15/2010/ 16/09 RLS # CHECKLIST FOR REVIEWING CONTRACTS Entity Name: c �—, t^(l�Yl(J(1(" e'r�(�,� Entity name correct on contract? Entity registered with FL Sec. of State? 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 $ Products /Compl /Op Required $- Personal & Advert Required $ Each Occurrence Required $�YY1A_� Fire /Prop Damage Required $ Automobile Liability 1 Bodily Inj & Prop Required $�� Workers Compensation 1 Each accident Required $�__ v-._ Disease Aggregate Required $ Disease Each Empt Required Umbrella Liability Each Occurrence Provided $ _�. 1 Provided $ 2t=r `; 1 Provided $ it i ' Provided $::� Provided $ it ' Provided Provided $- _"_`` /\ Provided N- Provided $ Provided $ Aggregate Provided $ •' ' t Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Otherinsurance Yes No Yes _. No es ___ _No No es _ No Yes _ No Exp. Date i Exp. Date Exp. Date Exp. Date Exp. Date _ Exp Date._l� Exp Date _ (n l *l Exp Date l Exp Date Exp Date �_ 1 Exp Date_ r _Yes No Exp. Date Exp. Date Each Occur Type:_ Required $ _ _ _ Provided $. _ Exp Date County required to be named as additional insured? / es No County named as additional insured? V Yes No Indemnification Does indemnification meet County standards? _ es Is County indemnifying other party? Yes No Performance Bond Bond requirement referenced in contract? __Yes -------No If attached, expiration date of bond Does dollar amount match contract? _ Yes _ No Agent registered in Florida? Yes No Signature Blocks ^ Correct executor name in signature block? Yes No Correct title of executor? Y�Es _ No Executor authorized to sign for entity? z— s —No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block`' Pes Clerk's attestation signature block? es No County Attorney's signature block? No Attachments Are all required attachments included? Yes No OY Reviewer Initials: Date' --- � 04- COA -01 A310 22 Memorandum • � i Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-8941 FAX: (239) 252-6700 Email: RhondaCummings(a colliercov.net wwwcolliergov.net/p rch asing Subject: Solicitation # 10 -5503 "Installation & Maintenance of Traffic Signals" Date: 11/9/10 From: Rhonda Cummings, Contract Specialist To: Ray Carter, Risk Manager This Contract was approved by the BCC on November 9, 2010, agenda item 16.A.8 The County is in the process of executing this contract with E.B. Simmonds, Inc. The insurance requirements are on pages 3 & 4. Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. C: DATE REXIVE0 John Miller, Const. & Maint. Trans. Eng. NOV 10 2010 RISK WWaMEN7 (Please route to County Attorney via attached Request for Legal Services) G/ Acquisitions /Agen tF o rms a n d Lette rs /R iskMgmtReviewofl n s u ra nce4/ 15/2010/16/09 16A8 mausen_g From: RaymondCarter Sent: Wednesday, November 17, 2010 11:36 AM To: CummingsRhonda Cc: mausen_g, HerreraSandra, Miller John Subject: Contract 10- 5503 "Installation & Maintenance of Traffic Signals" All, I have approved the certificate of insurance provided by E.B. Simmonds, Inc. for the above referenced contract which will now be forwarded to the county attorney's office for their review. Thank you, 0"01 Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239 - 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation / E. B. SIMMONDS ELECTRICAL, INC. V/ Filing Information Document Number K47793 FEI /EIN Number 650086160 Date Filed 11/29/19813 / State FL Status ACTIVE J Last Event REINSTATEMENT Event Date Filed 12/31/1990 Event Effective Date NONE Principal Address 3750 ENTERPRISE AVE #300 NAPLES FL 34104 -3659 Changed 10/19/2009 Mailing Address 3750 ENTERPRISE AVE #300 NAPLES FL 34104 -3659 Changed 10/19/2009 Registered Agent Name & Address SIMMONDS, E. B. 3750 ENTERPRISE AVE #300 NAPLES FL 34104 -3659 Address Changed: 10/19/2009 Officer /Director Detail Name & Address Title PC / SIMMONDS, E. B. J 1014 BROAD AVE N NAPLES FL 34102 -8103 US Title TS SIMMONDS, LYNE 1014 BROAD AVE N NAPLES FL 34102 -8103 US Annual Reports Document Searches 1P6eAo8 Forms Help Entity Name Search Submit littp: / /www.sunbiz.org /scripts /cordet.exe' ?action= DETFIL &iiiq doe _nuinber- --K47793 &in... 10/4/2010 www.sunbiz.org - Department of State Report Year Filed Date 2008 03/14/2008 2009 04/22/2009 2010 02/25/2010 Document Images 02/25/2010 -- ANNUAL REPORT View image in PDF format 02/17/2003 --ANNUAL REPORT 10/26/2009 -- Reg. Agent Change View image in PDF format 04/2212009 -- ANNUAL REPORT View image in PDF format 03/14/2008 -- ANNUAL REPORT View image in PDF format 01/18/2007 -- ANNUAL REPORT View image in PDF. format 02/05/2006 -- ANNUAL REPORT View image in PDF format 03/15/2005 -- ANNUAL REPORT View image in PDF format 0210312004 --ANNUAL REPORT View image in PDF format 02/17/2003 --ANNUAL REPORT View image in PDF format 03/13/2002 -- ANNUAL REPORT View image in. PDF format 04125/2001 --ANNUAL REPORT View image in PDF format 04/18/2000 -- ANNUAL REPORT View image in PDF format 05/04/1999 -- ANNUAL REPORT View image in PDF format 04/27/1998 -- ANNUAL REPORT View image in PDF format 04/11/1997 -- ANNUAL REPORT View image in PDF format 05/01/1996 -- ANNUAL REPORT View image in PDF format 05/01/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History I Home I Contact us I Document Searches I F- Filino Services l Forms I Help I CoDYnOtT and Privacv Policies State of Florida, Department of State Page 2 of 2 16A8 Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordct.exe ?action= DBTPIL &inq_ doc number— K47793 &in... 10/4/2010 cola- County lbAg Adrri serve Division Purchasing. October 11, 2010 E.B. Simmonds, President E.B. Simmonds Electrical, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 -3659 RE: Contract 10 -5503 "Installation and Maintenance of Traffic Signals & Roadway Lighting" Dear Mr. Simmonds: Enclosed are two (2) complete copies of the above referenced contract. An authorized signatory of the firm must sign both copies where indicated and have it properly witnessed. In order for the Contract to be executed by the County, it will be necessary that you furnish the required Certificate of Insurance at this time which states the following: a. Commercial General Liability with a minimum limit of $1,000,000; b. Business Auto Liability with coverage of $1,000,000; C. Workers' Compensation meeting Statutory Limits; Employer's Liability $1,000,000 each accident; d. Collier County named as Additional Insured and Certificate Holder; e. Cancellation Clause stating Thirty (30) Days. Contracts returned to us for execution without the requested documents cannot be processed. Please return all enclosed documents to the Purchasing Department as soon as possible. A copy of the fully executed contract will be returned to you immediately after it has been signed by the Chairman of the Board of County Commissioners. Please be advised that the work covered by this contract may not begin until the contract is returned to you. If there are any questions, please do not hesitate to contact me at 239/252 -8941. Very truly yours, Rh nda Cummings, FCCN, CPPB Contract Specialist C: John Miller, Traffic Ops. Wmhask, Depdnnml �30` Tanssrai Trail East • f3 d es R i s 3-0 i r rel; pvcNsicg AG R E E M E N T 10-5503 16 A 8 for Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT is made and entered into this _! ' day of 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and E.B. Simmonds Electrical, Inc., authorized to do business in the State of Florida, whose business address is 3750 Enterprise Avenue, Suite 300, Naples, Florida 34104 -3659 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on N c,j ,U, _I 2010 and terminating A .r ivr:r 8 , 2011 or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the 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 two (2) firms to be pre - qualified and awarded a Contract to each firm on a Primary/Secondary basis. E.B. Simmonds Electrical is identified as the secondary contractor. Each awardee will enter into an Agreement to provide all Material, Labor, Equipment, Maintenance of Traffic (MOT), Vehicles, and any other items required on a Furnish and Install Lump Sum Basis to assist on an as- needed basis Traffic Operations in routine and emergency operations, maintenance, repairs, and upgrades of Traffic Signals and Roadway Lighting that is under the jurisdiction of Collier County Traffic Operations. The bid consists of: Contract Service Type 1 — New Traffic Signal, Upgrade and /or Component Installation, Contract Service Type 2 — Traffic Signal and System Maintenance and Repair, Contract Service Type 3 — Roadway Lighting Troubleshoot and Repair Contract Service Type 4 - Replacement of Standard Aluminum Pole Due to Vehicle Knock -Down This shall include, but not be limited to, routine and emergency Traffic Signal Maintenance and Repair Work, Upgrading Span Wire traffic Signal Installations to Mast Arm Traffic Signal Installations, and Roadway Lighting Maintenance and Repair Work in all areas of Collier County that are under the jurisdiction of Collier County Traffic Operations on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #10 -5503 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 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 outlined 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. Page -1- • � i Prior to the issuance of a Purchase Order, 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 new work. The work shall consist of one or more individual work assignments, or groupings of work assignments. The Contractor shall respond with the information sought within seven (7) working days. A Purchase Order for the quoted work will be awarded to the primary Contractor if that Contractor is able to complete the non- emergency work in the timeframe and within the budget required by the County. If the primary Contractor cannot meet the required timeframe and /or budget, a quote will be obtained from the secondary Contractor. 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. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work on a lump sum (furnish and install) core compensation basis per the State of Florida Department of Transportation Basis of Estimates in accordance with the Contract documents and Florida Department of Transportation Standard specifications for Road and Bridge Construction, 2010 edition, Florida Department of Transportation Design Standards 2010 Edition, and Collier County Traffic Operations, Traffic Signal & Roadway Lighting Technical Special Provisions pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation and in accordance with the unit prices as described in the response to the RFP. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this 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: E.B. Simmonds Electrical, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 -3659 239 - 643 -2770; Lyne (aa)ebsimmondselectrical.com E.B. Simmonds, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e -mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- I•�i 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 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 $1,000,000.00 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. Page -3- � 1 � 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 $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant 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. 12. PAYMENTS WITHHELD. Owner may decline to approve an invoice, or portions thereof, because of defective or incomplete work, outstanding items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor, or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 14. CONTRACT TIME AND TIME EXTENSIONS. Page -4- 16 A 8 . A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Purchase Order modification shall be issued and executed promptly after an agreement is reached between the Contractor and the Project Manager concerning the requested changes. The Contractor shall promptly perform changes authorized by duly executed Purchase Order modification. The contract amount and contract time shall be adjusted in the Purchase Order modification the manner as Project Manager and Contractor shall mutually agree. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove Page -5- 16Ag all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Page -6- • f *J B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. In the event of an emergency, where a potential safety hazard may exist or where traffic is delayed or impeded, the County may deem the repair to be an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Authorization for Emergency repairs shall be given verbally by telephone, with written documentation to follow within twenty -four (24) business hours. 24. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Traffic Operations Department. 27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 10 -5503, any addenda, any Quotation /Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 28. 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 Page -7- Mil] 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. 29. 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. 30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31. 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 constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 32. VENUE: 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. 33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34. 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. 35. 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. • IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight �E.,(Brock, Clerk of Courts By. Dated: ftt•ftf "� i'igflAttN'� OIM�R� ": First Witness Nyla D. Elman Type /Print Witness Name SecoA Witness John Harhen Type /Print Witness Name Approved as /or to form Jand le s fficienc�ll C X. e i Scoff Teach - Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Fred W. Coyle, Chairman E.B. Simmonds Electrical, Inc. Contractor By: Sig re Simmonds Typed Signature President Title Item # Agenda Date t I- t11 V Date Redd 6 Client #: 36782 EBSIM ACORD. CERTIFICATE OF LIABILITY INSURANCE D TE(MM2010 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endomement(s). PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road North Naples, FL 34103 -3303 239 261 -3646 CONTACT Ella Labra NAME: PHONE No E.t): 239 430 -7546 A/q Ne , 239 213 -2830 EMAIL ulfshoreinsurance.com ADDRESS: elabra@gulfshoreinsurance.com CUSTOMER ID #: GL2052102020010 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Insurance Company E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples, FL 34104 m INSURER B Brid efie: g ld Employers Insurance INSURERC: INSURER O: PREMISES Ea occur ence INSURER E: MED EXP(Any one person) $10,000 INSURER F: _ COVERAGES CERTIFICATE NIIMRFR•. RGVLCMNd MllMnoo• THIS IS TO CERTIFY THAT 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE POLICY NUMBER hi E MOMLE YYV1' L LIMITS A GENERAL LIABILITY GL2052102020010 06/30/2010 06/3012011 EACH OCCURRENCE $1 OOO OOO X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR PREMISES Ea occur ence $300,000 MED EXP(Any one person) $10,000 $1,000,000 _ PERSONAL &ADV INJURY GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP ASS $2,000,000 POLICY PRO- F7 LOG I I 5 A AUTOMOBILE LIABILITY ANV AUTO CA20520980201 06/30/2010 06/30/2011 COMBINED S INGLE LIMIT (Ea accident) $1,000 000 BODILY INJURY(Par per son) $ ALL OWNED AUTOS I BODILY INJURY (Per accident) $ JX SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Peraccidenp NON -OWNED AUTOS $ is A X UMBRELLA LIAR X OCCUR CU20521030201 06/30/2010 06/30/2011 EACH OCCURRENCE $2,000,000 AGGREGATE s2,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE Is X $ RETENTION 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEM ER EXCLUDED? ECUTIVE� NIA 83015343 04101/2010 04101/2011 X WC STATU- OTH- iFR E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE 5500,000 (Mandatory in NH) If Wa, describe under OESCRIPTION OF OPERATIONS below EL .DISEASE - POLICY LIMIT 1$500,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Contract 10 -5503 Installation and Maintenance of Traffic Signals & Roadway Lighting Certificate Holder is Named as Additional Insured on a primary basis as respects to General Liability Only (See Attached Descriptions) Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE bC 01988 -2009 ACORD CORPORATION. All riehtc r>cor„<d ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S446731/M446164 ERL AMS 25.3 (2009/09) 2 of 2 #S446731/M446164 - 16Ag THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured in this endorsement: 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. Who is named as an additional insured under this policy on a certificate of insurance However, the written contract, agreement or certificate of insurance must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage', "personal injury", or "advertising injury" giving rise to a claim under this policy. If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 3. If the additional insured is: (a) An individual, their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or the certificate of insurance requires 'your work" coverage (or wording to the same effect) in which case the coverage provided shall extend to "your work" for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring after: (1) All work including materials, parts or equipment furnished in connection with such work on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office, Inc., 2003 CG 70 48 03 04 Page 1 of 2 M (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall have the benefit of the terms of this endorsement if the terms of this endorsement are broader. 5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be provided by the use of CG 20 10 1185, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement. or Certificate of Insurance that the terms of CG 20 10 1185 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 20 1011 85 The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", "personal injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract, agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2003 Page 2 of 2 CG 70 48 0304