Loading...
Agenda 03/26/2019 Item #16C 516.C.5 03/26/2019 EXECUTIVE SUMMARY Recommendation to approve a purchase order to Simmonds Electrical Inc., under Agreement No. 18-7311-1, for the "SCRWTP Electrical Reliability Project" (Project Number 70069) in the amount of $439,192.34, and to authorize the necessary budget amendment. OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently by providing a compliant and reliable potable water system to Collier County Water -Sewer District customers. CONSIDERATIONS: The proposed scope of work under Project No. 70069, "South County Regional Water Treatment Plant (SCRWTP) Well/Plant Power Systems" is consistent with the FY2019 Budget approved by the Board of County Commissioners on September 20, 2018. The SCRWTP consists of two treatment processes, lime softening (LS) and reverse osmosis (RO). The LS treatment system switchgear and RO treatment system switchgear are separate systems, having their own utility transformers and standby generators. The treatment processes use ten high service pumps to pump potable water into the distribution system. All those pumps are currently connected to the LS generators. These modifications will include the connection of four of the ten pumps to the RO generators. In addition, the five transfer pumps (for ground storage tanks) are currently connected to the RO generators. Two of those transfer pumps will be connected to the LS generators. This will provide the reliability necessary to continue operations should there be a failure of the generators on either side of the plant. It will also eliminate the single "point of failure" of the LS switchgear, and provide a seamless transition by the RO switchgear when transferring power between Florida Power and Light power and the generator. The scope of services to be performed within this project includes: excavation and installation of approximately 600' of concrete steel reinforced ductbank, installation of all conduit and wire, and retrofitting and testing of existing breakers. The Procurement Division distributed a Request for Quotation, "SCRWTP Electrical Upgrades," to three vendors on the Fixed -Term Electrical Contractor's Agreement No. 18-7311-1. Of the three vendors notified, one submitted a quote by the February 4, 2019 deadline as summarized below. VENDOR QUOTE Simmonds Electrical of Naples, Inc. 1 $439,192.34 Two (2) vendors did not submit a quote: Technical Management Associates and Hart's Electrical of Naples, Inc. Technical Management Associates' no bid reason noted, "We believe the project to be in excess of $500,000." Staff determined the lowest quote is fair and reasonable, and recommends awarding the Purchase Order to Simmonds Electrical of Naples, Inc. The low quote received is 22 percent higher than the engineer's cost opinion, including allowance, which the design professional attributes to current market conditions. In a letter dated February 8, 2019, the design professional, McKim & Creed, Inc., recommends award to Simmonds Electrical of Naples, who has a satisfactory performance record on previous, similar water utility related projects. The quote tabulation, chart, and engineer's letter of recommendation are all attached for review. Because there may be unforeseen conditions associated with the project, the solicitation incorporated an allowance of $32,000 to address undocumented infrastructure that may be encountered during Packet Pg. 825 03/26/2019 construction. The price for any additional work that would utilize this allowance would be negotiated prior to commencement in accordance with the County's Procurement Ordinance and the terms of the Agreement. FISCAL IMPACT: The source of funding is the Water User Fee Fund (412). A budget amendment in the amount of $459,000 is required to reallocate funds from projects within the Water Capital Projects Fund (412) into Project 70069, Well/Plant Power Systems. The project is expected to be completed in 2020. There will be no change in operating costs. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To approve a purchase order with Simmonds Electrical, Inc., under Agreement No. 18-7311-1 for the "SCRWTP Electrical Reliability Project" (Project Number 70069), in the amount of $439,192.34, and authorize the necessary budget amendment. Prepared By: Alicia Abbott, EI, Project Manager, Engineering & Project Management Division ATTACHMENT(S) 1. 18-7311 Bid Tabulation (PDF) 2. Bid Analysis Chart (PDF) 3. Letter of Recommendation (PDF) 4. Tabulation Packet for 18-7311-1 (PDF) 5. 18-7311-1 Payment & Performance Bond (PDF) 16.C.5 Packet Pg. 826 16.C.5 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doe ID: 8063 Item Summary: Recommendation to approve a purchase order to Simmonds Electrical Inc., under Agreement No. 18-7311-1, for the "South County Regional Water Treatment Plant (SCRWTP) Electrical Reliability Project" (Project Number 70069) in the amount of $439,192.34, and to authorize the necessary budget amendment. Meeting Date: 03/26/2019 Prepared by: Title: Project Manager — Public Utilities Planning and Project Management Name: Alicia Abbott 02/26/2019 5:32 PM Submitted by: Title: Division Director - Public Utilities Eng — Public Utilities Planning and Project Management Name: Tom Chmelik 02/26/2019 5:32 PM Approved By: Review: Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Operations Support Tara Castillo Additional Reviewer Public Utilities Planning and Project Management Benjamin Bullert Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Water Randy Lewis Additional Reviewer Procurement Services Swainson Hall Additional Reviewer Water Steve Messner Additional Reviewer Procurement Services Patrick Boyle Additional Reviewer Public Utilities Planning and Project Management Tom Chmelik Procurement Services Ted Coyman Additional Reviewer Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer Completed 02/27/2019 8:12 AM Completed 02/27/2019 8:36 AM Additional Reviewer Completed Completed 02/27/2019 9:59 AM Completed 02/27/2019 10:31 AM Completed 02/27/2019 2:31 PM Completed 02/27/2019 2:49 PM Completed 02/27/2019 3:17 PM Additional Reviewer Completed Completed 03/11/2019 8:41 AM Completed 03/11/2019 12:44 PM Completed 03/12/2019 12:51 PM Completed 03/14/2019 7:48 PM Completed 03/15/2019 9:05 AM Completed 03/15/2019 9:10 AM Completed 03/15/2019 3:34 PM Packet Pg. 827 Office of Management and Budget County Manager's Office Board of County Commissioners Susan Usher Additional Reviewer Nick Casalanguida Level 4 County Manager Review Mary,lo Brock Meeting Pending 16.C.5 03/26/2019 Completed 03/19/2019 10:57 AM Completed 03/20/2019 7:36 AM 03/26/2019 9:00 AM Packet Pg. 828 spuouaua!g o} b£'Z66`6£ti$ JOI aapap aseyoand anoiddd : £908) uolleingel p!8 66£1-86 :}uewt438;}d a) N co 6 a m m a r leala;OG13 spuoww'S 01 ti£'Z66`6£V$ ao; aapap ase4aand anoaddV : £909) :Pe43 slsAleuV p18 :;uGw43e;;d N m L biDQ D v •i H U •N GJ >. W a a H a � m � N 0 0 0 0 0 Ln V'} c � > � C i m U M y -0 -6 _ O LU -0 a) O v U d v 0.0 N p N O N } H NJ V) ++ .L C OU Y D Q+ O 0+ v L m u 0 0 0 0 0 0 0 0 0 +� C 0 C 0 0 0 0 0 0 0 0 0 M (N ci t/? to V). t/} 7 m u �i u v u i 0 0 0 0 0 ci MCKTM&GLEED February 8, 2019 Mrs. Alicia Abbott, E.I. Collier County, CCPU 3851 City Gate Drive Naples, FL 34117 FE Re: Recommendation of Award SCRWTP Electrical Reliability Project 70069 Solicitation # 18-7311-1 Dear Mrs. Abbott: 16.C.5.c ENGINEERS 5 0 R V F Y O R S V L P L A N N F R 5 V W a 1- 02793-0032no Pursuant to the County's preparation of the Bid Tabulation, verification of the contractor's references, review of the bids for accuracy and review of the bid packages for completeness, McKim & Creed has reviewed the compiled bid tabulation provided by the County on February 7, 2019 for the referenced project. Our review of the documents provided by the County revealed no additional errors and/or omissions in the bid tabulation and package. Therefore, based on the County's bid evaluation and our subsequent review, it is our opinion that Simmonds Electrical Inc. is the lowest responsible and responsive bidder with a bid of $439,192.34. For this project, only one (1) bid was received. As such, we recommend award of the SCRWTP Electrical Reliability Project to Simmonds Electrical Inc. Please feel free to contact us if you have any questions or if you need additional information. Silly Creek Commerce Ctr, Sincerely, 5701 ❑i„is or, ❑r., S.A. A McKIM & CREED, INC. Farf Myers, FL 33905 {-� Kris Samples, P.E. Senior Project Manager 239.275.8875 cc: Aubrey Haudricourt, P.E. Fax 239.775.7029 www.mckimcread.com Packet Pg. 831 Collier County 16.C.5.d Solicitation Tabulation Packet for Solicitation 18-7311-1 SCRWTP Electrical Upgrades Solicitation Designation: Public c;Olir County Collier County 2/5/2019 Bidsync I Packet Pg. 832 Collier County Solicitation #18-7311-1 - SCRWTP Electrical Upgrades Creation Date Jan 17, 2019 End Date Feb 4, 2019 3:00:00 PM EST Start Date Jan 17, 2019 4:23:06 PM EST Awarded Date Not Yet Awarded 18-7311-1--01-01 SCRWTP Electrical Upgrades Supplier I Unit Price Qty/Unit Total Price Attch. Docs Simmonds Electrical of Naples, Inc. I First Offer - $439,192.34 1 /each $439,192.34 Y Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Supplier Totals f Simmonds Electrical of Naples, Inc. Bid Contact Kim Sasak kim@simmondselectricalofnapies.com Ph 239-643-2770 Agency Notes: $439,192.34 Address 8981 Quality Road Unit 1 BONITA SPRINGS, FL 34135 Supplier Notes: Head Attch M 16.C.5.d Q 2/5/2019 BidSync I Packet Pg. 833 Bid Contact Kim Sasak kim@simmondselectricalofnaples.com Ph 239-643-2770 Collier County Address 8981 Quality Road Unit 1 BONITA SPRINGS, FL 34135 18-7311-1--01-01 SCRWTP Supplier First Offer - $439,192.34 1 /each $439,192.34 Y Y Electrical Product Upgrades Code: Supplier Total $439,192.34 16.C.5.d Q 2/5/2019 Bid Sync I Packet Pg. 834 Collier County Simmonds Electrical of Naples, Item: SCR VFFElectrical Upgrades 2. RFQ 18.7311-1 Quote Schedule.XLSX 18-7311-1 SCRWTP Elec Upgrade bid submission RFQ Addendums signed.pdf 16.C.5.d 2/5/2019 Bidsync Packet Pg. 835 Collier County 16.C.5.d Contractor Name: Simmonds Electrical of Naples, Inc. v �L V d W a F_ U U) L w M 2 �L V O W N C O r_ E N O M N On V_ of M O L L 0 R t v L a w O L Q Q Q M 0 i d E i V a Q 2/5/2019 BidSync I Packet Pg. 836 SOUTH COUNTY REGIONAL WATER TREATMENT PLANT ELECTRICAL UPGRADES ITEM # BRIEF DESCRIPTION OF ITEMS UNIT ESTIMATED QUANTITY UNIT BID PRICE AMOUNT 1.0 MOBILIZATION/DEMOBILIZATIN LS 1 $24,340.00 $24,340.00 2.0 SITE WORK -TRENCHING AND BACKFILL FOR DUCTBANK LF 600 $64.581 $38,748.00 3.0 ELECTRICAL 3.1 CONDUIT LF 5600 $10.93 $61,208.00 3.2 CABLE TRAY LF 100 3.3 CABLE TRAY SUPPORTS EA 20 $723.86 $14,477.20 3.3 WIRE LF 17,000 $6.88 $116,960.00 3.4 Aboveground Pullboxes EA 2 $7,504.21 $15,008.42 3.5 BREAKER UPGRADES EA 4 $3,711.931 $14,847.72 3.6 NETA CERTIFIED TESTING LS 1 $5,596.80 $5,596.80 4.0 DUCTBANK 4.1 CONCRETE YD' 150 $243.08 $36,462.00 4.2 STEEL REBAR GAGE LF 550 $41.66 $22,913.00 4.3 UNDERGROUND HANDHOLES EA 4 $8,488.30 $33,953.20 5.0 SIDEWALK AND PAVEMENT RESTORATION LS 1 $22,678.00 $22,678.00 SUBTOTAL ITEMS 1 THRU 5 $407,192.34 6.0 OWNERALLOWANCE T&M 1 $32,000.00 TOTAL ITEMS 1 THRU 6 $439,192.34 Total Contract $439,192.34 Contractor Name: Simmonds Electrical of Naples, Inc. v �L V d W a F_ U U) L w M 2 �L V O W N C O r_ E N O M N On V_ of M O L L 0 R t v L a w O L Q Q Q M 0 i d E i V a Q 2/5/2019 BidSync I Packet Pg. 836 Cl) Date: January 17th, 2019 From: Patrick Boyle, Operations Analyst 239-252-8941, Telephone Number Patrick.Boyle@colliercounlyfl.gov To: Potential Quoters co ler c01414ty Public Utilities Department Engineering & Project Management Division 16.C.5.d a REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT 18-7311-1 "SCRWTP Electrical Upgrades" Selected Vendors: Hart's Electrical, Inc RFQ Due Date: Simmonds Electrical of Naples, Inc. Pre -Quote Meeting: Technical Management Associates Q&A Deadline: As provided in the referenced contract, the County Division is soliciting quotes for the referenced project. Project RFQ 18-7311-1 WILDFLOWER WAY PUBLIC UTILITIES IMPROVEMENTS RFQ Due Date: Monday, February 4, 2019 at 3:00 PM Pre -Quote Meeting: Tuesday, January 22, 2019 at 10:00 AM 3851 City Gate Drive (SCRWT) Q&A Deadline: Tuesday, January 29, 2019 at 5:00 PM Number of Days to Final Completion: 90 days to substantial + 30 days final = 120 days total Scope Provided Yes Plans and Specs: Yes -Liquidated Damages: $1,241.00 per day Payment & Performance Bonds If over $200,000.00 Your quotation response for this project is due electronically to the Email address listed above no later W than the date and time specified above. We will not accept any quotation responses later than the noted o time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Public Utilities Engineer & Project Management at the below referenced address no later than the time and date specified. We look forward to your participation in this request for ti information/quotation process. 00 LI Simmonds Electrical of Naples, Inc. 4°1 4.1 Firm's C plete Legal Name Y 239-641/2770 239-6p-6873 -6873 a Tel a Number / Fax Nu ber - c 0 r 0 President Title E.B. Simmonds 2/1/2019 E Print Name Date U 0 r r cc: Alicia Abbott, Project Manager Q 0 N Public Utilities Engineering & Project Management Division • 3339 Tamiami Trail East, Suite 303 • Naples, Florida 34 Packet Pg. 837\ Goer County Administrative Services Division Procurement Services Date: January 22, 2019 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252 - 8941 Addendum 1 From: Patrick Boyle — Operations Analyst - Procurement To: Interested Bidders Subject: Addendum #1 SCRWTP Electrical Upgrades The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. 18-7331-1 Addendum #1 — Updated due date February 4 2019 3PM If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. C: Alicia Abbott, Project Manager Please sig e' ow and return a IT of this Addendum with your submittal for the above 2/1/2019 Date Simmonds Electrical of Naples, Inc. (Name of Firm) 16.C.5.d a r Q 0 N Packet Pg. 838 Cl) T 0 U Z U co ter county Administ alive Services Division Procurement Services Date: January 29, 2019 Email: Patrick.Boylegeolliercount�fl.gov Telephone: (239) 252 - 8941 Addendum 1 From: Patrick Boyle — Operations Analyst - Procurement To: Interested Bidders Subject: Addendum #2 SCRWTP Electrical Upgrades The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 18-7331-1 Addendum #2 Part I — Pertaining to the Drawings A New Drawing Bid Set has been provided (attached) in lieu of the previously provided design drawings due to the poor image quality of the signed and sealed. No changes to the design drawings have occurred. Part II — Pertaining to the Specifications INSERT Revised Specification 017839 — Section 1.01 has been revised: "Record Drawings will be developed by the Engineer but the Contractor is responsible to provide As❑builts signed and sealed by a licensed surveyor in Florida prior to final completion." Part III — Questions and Clarifications CLARIFICATIONS: 1. The proposed connection to VFD 4 and 5 is not required to be performed by core drilling a hole through the wall and connecting through the back of the panels. Alternative means and methods may be provided by the Contractor for review and approval by County staff and Engineer. 2. Provide new trip plugs for breakers on HSP 7 & 10, if necessary. Originals may be 400A all others are 800A. 3. Representative contact information identified below: Square D Local Schneider Electric Representative for Collier County: Raphael Beato — 5610409116293 Eaton Contact local representative for Collier County. No previous coordination was required. 4. All proposed conduit sizes are minimum diameters established by NEC standards. Larger conduit sizes are acceptable. 5. Available AutoCAD drawings will be provided to the awarded firm. 16.C.5.d a Packet Pg. 839 1 CO If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. C: Alicia Abbott, Project Manager Please sign bel w and return acoj�3 of this Addendum with your submittal for the above referencec7+o tation. /;' Simmonds Electrical of Naples, Inc. (Name of Firm) 2/1/2019 Date 16.C.5.d a r Q 0 N Packet Pg. 840 Cl) 16.C.5.d Q Co ger County AdministativeServices Division Procurement Services Date: January 31 st, 2019 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252 - 8941 Addendum #3 From: Patrick Boyle — Operations Analyst - Procurement To: Interested Bidders Subject: Addendum #3 SCRWTP Electrical Upgrades The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: PART I — PERTAINING TO THE DRAWINGS PART II — PERTAINING TO THE SPECIFICATIONS PART III — QUESTIONS AND CLARIFICATIONS CLARIFICATIONS: 1. Conflict between bid and drawing regarding cable trays and supports. Remove Bid Item 3.2 and revise Bid Item 3.3 to Conduit Supports (now Item 3.2). Also, revise estimated number for Item 3.2 from 10 to 20. QUESTIONS: 1. What is the minimum depth of ductbank under roadway? Minimum depth shall be no less than that of the existing roadway base. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. C: Alicia Abbott, Project Manager M 00 Please sign elow and return a opy of this Addendum with your submittal for the above Li 4- Ni referenc elicitation. Y ca a. 2/1/2019 ci (Signature) Date Simmonds Electrical of Naples, Inc. (Name of Firm) m E U r r Q 0 N Packet Pg. 841 Collier County 16.C.5.d 18-7311-1 SCRWTP Electrical Upgrades INSTRUCTIONS TO PROPOSERS 1.0 QUESTIONS 1.1 Direct questions related to this solicitation to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/_ 1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Professional noted on the cover page. 2.0 COMPLIANCE WITH THE SOLICITATION Proposals must be in strict compliance with this SOLICITATION. Failure to comply with all provisions of the SOLICITATION may result in disqualification. 3.0 AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE SOLICITATION It is the sole responsibility of the Proposer if they discover any ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this SOLICITATION from the Procurement Services Division. 4.0 PROPOSALS AND PRESENTATIONS The County will not be liable in any way for any costs incurred by any Proposer in the preparation of its proposal in response to this SOLICITATION, nor for the presentation of its proposal and/or participation in any discussions, negotiations. 5.0 DELIVERY OF PROPOSALS All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/_ 6.0 VALIDITY OF PROPOSALS No proposal can be withdrawn after it is opened unless the Proposer makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 7.0 RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. Q Yes ❑ No Certification: I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. 2/5/2019 BidSync Packet Pg. 842 16.C.5.e B-2795614 THE CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): Simmonds Electrical of Naples 8981 Quality Rd Unit #1 Bonita Springs, FL 34135 OWNER (Name, legal status and address): COLLIER COUNTY BOARD OF COMMISSIONERS 3295 TAMIAMI TRL E NAPLES, FL 34112 CONSTRUCTION CONTRACT BOND Date: February 06, 2019 Amount: $439, 192.34 SURETY (Name, legal status and principal place of business): Description (Name and location): SCRWTP Electrical Upgrades 18-7311-1 THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): February 06, 2019 Amount: $439,192.34 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. Modifications to this Bond: ❑ None ❑ See Section 18 CONTRACTOR SURETY Company: (C orate Seal) Company: Corporate Seal) Simmonds Electri I�PRINCIPAL Naples THE CINCINNATI INSURANCE COMPANY Signature: Signature: Name and Title: L fl t° Jf r'l 12-fd'P43 Name and Title: 1114,t;-, 7--c"I (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Gulfshore Insurance or other party): 4100 Goodlette Rd N Ste 100 Naples, FL The Company mecuting this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 5 a, Packet Pg. 843 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 I thereis no Owner Default underthe Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner haspromptly notified the Contractor and the Surety (atthe address described in Section 13) of claims, demands, liens orsuits against the Owner ortlte Owner's property by any person orentity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract and tendered defense of suchclaims, demands, liens or suits to the Contractorand the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shallppromptly and at the Surety's expense defend, indemnify and hold harmless the Owner against duly tendered claim, demand, lien or suit. 5The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants,who do not have a direct contract with the Contractor, .1 have flunis]ted a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, fumished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to tIle Surety (at the address described in Section 13). 5.2 Claimants,who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 I a notice of non-payment required by Section S.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice ofnon-paymentunderSeed on 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with acoppy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 orSeclion 7,2 shall notbe deemed toconstitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant havereached agreement. If however, the Surety fails to discharge its obligations under Section 7.1 orSection 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees theClaimant incurs thereafter to recoverany sums found to be due and owing to the Claimant. S The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attorney's fees provided under Section 7.3, and the amount ofthis Bond shall be credited for any payments madein good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting 1hisBond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The Company erecting this bond vouches that this dooanuntconfonns toAtnarlean instltuto ofArchitocis Document A31Z 2010 [inion. S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 6 16.C.5.e IL tY U U) 0 R v •L r v ar W to c 0 E fA 0 M N r of M 69- I- 0 0 at O ar W cu t v IL a� 0 L- CL 0. 2 w Q 13 Packet Pg. 844 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice ofany change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) fust occurs. If theprovisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Clahns, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.7. Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's Iien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this docurnent conforms to American Institute of Architects Document A312, 2010 EditionS S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 7 16.C.5.e a tY U U) 0 R v •L r v tv W to c 0 E fA 0 M N 0 of M L 0 at E O tv to (13t L a ai 0 L- CL 0. 2 w Q 7 Packet Pg. 845 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL Company- (Corporate Seal) SimmondsElectri a of Naples Signature: Name and Title: % ylt.0 0- cruoi-t-G2e- . . „ . The Company executing this bond vouches that this docume S -2150 -AIA -A312 (11/10) PAYMENT BOND SURETY Company: (Corporate Seal) Name and Title: //'/4k nt confomss to American Institute of Mkhitccts Document A312, 2010 Edition, Page 8 16.C.5.e T" w Q Packet Pg. 846 B-2795614 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio. and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Martin Watson, Gregory Havemeier, Kim Ovaitte, Brad Havemeier, of Naples, FL its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Five Million Dollars and 001100 ($5,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal. and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held oft the 7" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10" day of May, 3012. y�y I�IM•4 THE CINCINNATI INSURANCE COMPANY G SEAL Onto A - STATE OF 01110ss: Vice President COUNTY OF BUTLER } On this 101' day of May, 2012, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, tome personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is thecorporate seat of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said insirurnec by the authority and direction of said corporation. f LST �� MARK J H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO MY commission has no date. Section 147.03 O.R.C. 1, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in fill force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of CWPMTE ; >: SEAL 0Hjo BN -1005 (5112) — - /,, -� /,� 7 "k, - Assistant Secretary 16.C.5.e Packet Pg. 847 16.C.5.e AC<> CERTIFICATE OF LIABILITY INSURANCE 64 x-- DATE(MMIDD/YYYY) 02/21/2019 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 have ADDITIONAL INSURED provisions or 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 CONTACT PREMIER INSURANCE CORP., INC. PHONE 239 542-7101 FAX 239 542-0693 E-MAIL -ADDRESS; lmt@_pleMierinsurancecorp.com 1326 CAPE CORAL PKWY E., SUITE 1 CAPE CORAL, FL 33904 INSURERS AFFORDING COVERAGE NAIC N INSURER A: FCC[ INSURANCE COMPANY 10178 INSURED INSURER B INSURER C : PAGE MECHANICAL GROUP, INC. INSURER 0, 4611 CUMMINS COURT INSURER E: FORT MYERS, FL 33905 INSURER F MED EXP An one person$10,000 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE AI OCCUR DAMAGE PRE .TO RENTED $ 300,000 MED EXP An one person$10,000 X XCU Liability GL100031447 11/05/2018 11/05/2019 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PO - POLICY 7 JECT 7 LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ AX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS CA100006810 11/05/2018 11/05/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Par ­A�nfl HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 A EXCESS LIAB CLAIMS -MADE UMB100019241 11/05/2018 1110512019 ED I I RETENTION $ A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? �N (Mandatory in NH) N / A 001-WC19A-78194 02/27/2019 02/2712020 PER OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Leased/Rented Equir $200,000 Max A INLAND MARINE CM100032450 11/05/2018 11/0512019 Installation Floater $500,000 Blanks DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) E.B.Simmonds Electrical, Inc. is included as additional insured under general liability on primary non/contributory basis as respects work performed as required by written contract per form CGLO84(10/13) - Waiver of subrogation is included under general liability & workers compensation per forms CGL088(1115) & WC000313- all forms attached (E-mail: lyne@ebsimmondselectrical.com) CERTIFICATE HOLDER SIMMONDS ELECTRICAL OF NAPLES, INC. SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8981 QUALITY ROAD, UNIT #1 ACCORDANCE WITH THE POLICY PROVISIONS. BONITA SPRINGS, FL 34134-7000 AUTHORIZED REPRESENTATIV / � <LT> Phone: (239)643-2770 Fax: (239)643-6873 C O m d V C f8 E L d IL a+ C O E A tv IL T— CO) M ti 00 r C d E t V tv a © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 848