#10-5503 (EB Simmonds, Inc.)
A G R E E MEN T 10-5503
for
Installation and Maintenance of Traffic SiQnals and Roadwav LiQhtinQ
THIS AGREEMENT is made and entered into this q+~ day of rJ cve..tM..to~ , 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").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on
Ne"Q..t,.dlltix- '1 2010 and terminating Nc;/~t--LlolLr g , 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 tn-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-
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; Lvne@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-
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 Cou nty.
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 uritil 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 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 obtigation 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 bea 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 cOfrectit 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.
Page -8-
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,,,CJ~rk9fCourts
e.t;.:)~R" i',..
By: . ..... ~/'\O.(.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. ~
Fred W. Coyle, Chairman
'!f~~t~rtn~.fJin ~n
Nyla D. Elman
By:
s Electrical, Inc.
E.B. Simmonds
Typed Signature
President
Title
Approved as to form and
'~:~~L
Scott Teach
Deputy County Attorney
Page -9-
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
10/18/2010
. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNEL Y 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 I ~~r,'"(;T Elia Labra
Gulfshore Insurance, Inc. I WgN,fo Extl: 239 430-7546 I ~,NO): 239 213-2830
4100 Goodlette Road North I~DA~~ss: elabra@gulfshoreinsurance.com
Naples, FL 34103 -3303 CUSTOMER 10 #:
239 261-3646 INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: Amerisure Insurance Company
E. B. Simmonds Electrical, Inc. INSURER B : Bridgefield Employers Insurance
3750 Enterprise Avenue, #300 INSURER C :
Naples, FL 34104 INSURER 0 :
INSURER E :
INSURER F :
Client#. 36782
EBSIM
COVERAGES
CERTIFICATE 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~K TYPE OF INSURANCE ~~~L ~~K POLICY NUMBER P~r.\-Jg~~ P~r.\-Jg~~ LIMITS
A GENERAL LIABILITY GL20521 0202001 0 ~6/30/201 0 06/30/2011 EACH OCCURRENCE $1,000 000
-
X COMMERCIAL GENERAL LIABILITY ~~~~~~IYERENTED $300,000
f-- ~ CLAIMS-MADE [!] OCCUR PREMISES Ea occurrence)
f-- ~_EXP (Anyone person) $10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $2,000,000
II POLICY n P,~,: n LOC $
A AUTOMOBILE LIABILITY CA20520980201 06/30/2010 06/30/2011 COMBINED SINGLE LIMIT $1000000
- (Ea accident)
X ANY AUTO
- BODILY INJURY (Per person) $
ALL OWNED AUTOS
- BODILY INJURY (Per accident) $
- SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS (Per accident) $
-
X NON..QWNED AUTOS $
-
$
A ~ UMBRELLA LIAB fXi OCCUR CU20521030201 [)6/30/2010 06/30/2011 EACH OCCURRENCE $2.000 000
EXCESS L1AB CLAIMS-MADE AGGREGATE $2,000 000
- DEDUCTIBLE $
X RETENTION $ 0 $
B WORKERS COMPENSATION 83015343 04/01/2010 04/01/2011 X WCSTATU- I I~~H-
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVEcrJ E.L. EACH ACCIDENT $500,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under $500,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I 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)
CERTIFICATE HOLDER
CANCELLATION
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
/ffI
@1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S446731/M446164 ERL
[)~~~~lgTIONS (Continued frorn Page 1 )
as needed by contract, per form CG 70 48 03 04. (Contractor's Blanket Additional Insured Endorsement).
Excess Liability is above primary policies. *30 days cancellation notice, except 10 days for non-payment.
AMS 25.3 (2009/09) 2 of 2
#S446731/M446164
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endOl"S(:lment modifies insurance provided under the following:
COMMERCIAL GENERAL LlABIUTY 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
.narned as additional.insureds, we will provide additional insured status as specified inthis 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 proJ~
(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
Page 1 of 2
CG 7048 03 04
(2) That portion of "your work" out of which the injury or damage arises has been put t~ its intend~ use by
any person or organization other than another contractor or subcontractor engaged In perforrmng
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
tennination of a premises lease or rental agreement nor beyond the tenn 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 tenns of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall
have the benefit of the tenns of this endorsement if the tenns 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 11 85, 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 LlABJUTY COVERAGE PART. .
SCHEDULE
Name of Person or Organization: Blanket Where Required by Written Contract,
Agreement, or Certificate of Insurance that the tenns of CG 201011 85 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 10 11 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 pennission.
Copyright Insurance Services Office, Inc. 2003
Page 2 of 2
CG 7048 0304
Cmm:ty
~~OMSioo
Purcl1asirl9
Purchasing Department
3327 Tamiami Trail East
Naples, Florida34112
Telephone: (239) 252-8941
FAX: (239) 252-6700
Email: RhondaCummings@colliergov.net
www.colliergov.net
ITEM NO.: lO rt>Q.L..- DllCVS
DATE RECEIVED:
J>w \1]),,2 1)5
D~ ~ t& ~
1ZfVV; ~(
. o? ~ I[
~ ~ 0,p; i) I))
\ d \
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
Date: 11/9/10
C-t/
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.
BACKGROUND OF REQUEST: I cf
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:
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.
~~
\~~~
G/ Acqu isitions/AgentF ormsandLetters/RiskMgmtReviewofl nsurance4/15/20 10/16/09
RLs#_1 C) ~\cc__ 0) fl sS
CHECKLIST FOR REVIEWING CONTRACTS
ce.O '2:>~ mmO{lr1sC\ec...,*~Qu.\ ~
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 $ \yY"\. \ \ \
Personal & Advert Required $ .
Each Occurrence Required $\yYl\\ \
Fire/Prop Damage Required $ .
Automobile Liability \
Bodily Inj & Prop Required $ \yY\~\
Workers Compensation \. \
Each accident Required $ \ 'I'V\ \ \
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence
Aggregate Provided $ ~, . I
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
Entity Name:
Entity name correct on contract?
Entity registered with FL Sec. of State?
~ ~~
Yes No
Provided $ 2(Y\~ \ \ Exp. Date ~ l \ \
Provided $ It I' Exp. Date
Provided $ \ V'Y\ ~ \ \ Exp. Date ~ I ( I I
Provided $ L C " Exp. Date
Provided $ 3d:) \(.. Exp. Date
Provided $ \. vY\; \ \ Exp Date ~ \ \ \
E5C.D "- Exp Date ~\ I
~II " ExpDate /11 II
~.. Exp Date _
EXPDate~\\\
Exp Date I' , ,
Yes X:-No
.4Yes
1L-- Y es
Provided $
Provided $
Provided $
Provided $ Q.m~ \ \
Required $
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Provided $
Provided $
Exp. Date
Exp. Date
Provided $
Des
V Yes
~
Yes
Yes
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?
Yes
Yes
jfy~
~:
~/
~Ye'
No
No
Exp Date_
No
No
~
No
No
No
No
No
No
No
No
No
No
No A
Reviewer InitialS:)~ \ ~~ \0
Date: )\
04-COA-OI 0 22
Cmutty
~ Servic;es Division
P1,.lrchl:\lslI'l9
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8941
FAX: (239) 252-6700
Email: RhondaCummings@.collierqov.net
www.collierqov.netlpurchasinq
Memorandum
Subject:
Solicitation # 10-5503 "Installation & Maintenance of Traffic Signals"
Date:
11/9/1 0
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.
In~
Risk anagemen Sig ature
dP:
C:
John Miller, Const. & Maint. Trans. Eng.
DATE RECEIVED
NOV 1 0 2010
RISK tWfA6EMEHT
(Please route to County Attorney via attached Request for Legal Services)
G/Acqu isitions/AgentF ormsandLetters/RiskMgmtReviewofl nsu rance4/15/20 10/16/09
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Wednesday, November 17, 2010 11 :36 AM
CummingsRhonda
mausen_g; HerreraSandra; Miller_John
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,
7la.g. Cah.t.eJr.
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
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Florida Profit Corporation j
E. B. SIMMONDS ELECTRICAL, INC.
Filing Information
Document Number K47793
FEI/EIN Number 650086160
Date Filed 11/29/19818
State FL
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 12/31/1990
Event Effective Date NONE
Principal Address
3750 ENTERPRISE AVE #300
NAPLES FL 34104-3659
Changed 10/19/2009
Mailing Address
3750 ENTERPRISE AVE #300
NAPLES FL 34104-3659
Changed 10/19/2009
Registered Agent Name & Address
SIMMONDS, E. B.
3750 ENTERPRISE AVE #300
NAPLES FL 34104-3659
Address Changed: 10/19/2009
Officer/Director Detail
Name & Address
Title PC
SIMMONDS, E. B.
1014 BROAD AVE N
NAPLES FL 34102-8103 US
Title TS
SIMMONDS, L YNE
1014 BROAD AVE N
NAPLES FL 34102-8103 US
Annual Reports
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc number=K47793&in... 10/4/2010
www.sunbiz.org - Department of State
Page 2 of2
Report Year Filed Date
2008 03/14/2008
2009 04/22/2009
2010 02/25/2010
Document Images
02/25/2010 -- ANNUAL REPORT
10/26/2009 -- Reo. Aoent Chanoe
04/22/2009 -- ANNUAL REPORT
03/14/2008 -- ANNUAL REPORT
01/18/2007 -- ANNUAL REPORT
02/05/2006 -- ANNUAL REPORT
03/15/2005 -- ANNUAL REPORT
02/03/2004 -- ANNUAL REPORT
02/17/2003 -- ANNUAL REPORT
03/13/2002 -- ANNUAL REPORT
04/25/2001 -- ANNUAL REPORT
04/18/2000 -- ANNUAL REPORT
05/04/1999 -- ANNUAL REPORT
04/27/1998 -- ANNUAL REPORT
04/11/1997 -- ANNUAL REPORT
05/01/1996 -- ANNUAL REPORT
05/01/1995 -- ANNUAL REPORT
Vie""image in PDF format
Note: This is not official record. See documents if question or conflict.
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State of Florida, Department of State
http://www. sunbiz.org/scriptS/ cordet.exe ?action= D ETFIL&inCL doc _ number= K 4 7793&in... 10/4/2010
:JeT CmtHty
~ Setvicas CMsion
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 JJlnstallation 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 I 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,
~Cuz.-_~J:Q L@-l
Rh~d~ Cummings, FCCN, CPPB
Contract Specialist
C: John Miller, Traffic Ops.
Puldlasing [)epartloont. 3301 Tamiami irall Easl' Naples, Florida 34112. wwwml1iefgov.netipufchasing