Loading...
HomeMy WebLinkAbout2003-309 0 AGREEMENT C) 330 ? THIS AGREEMENT made and entered into this 18th day of November, 2003 by and between Mid-State Mechanical of Vero Beach Inc , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid contained in Indian River County Bid # 6025 to furnish a new Trane Chiller, Model RTAC 200 with a 9 . 8 EER rating for the County Administration Building located at 1840 25th Street, Vero Beach , Florida. ; CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of One Hundred Eighty Five Thousand Four Hundred Thirteen Dollars and zero cents ($ 185 ,413 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents , Article 2 . TIME OF COMPLETION 90 Calendar Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER , who shall in all cases determine the amount, quality , fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR , and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Page 46 of 48 JL Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR , and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act , after receipt of the ENGINEER ' S final acceptance by the OWNER , the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Conditions , Special Conditions , Specifications , Bid Documents , Insurance Requirements (Exhibit A) , Bonds , and the Drawings , together with this Agreement, form the Contract , and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River county, Florida, or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida. (CONTRACTOR) (OWNER) INDIA IVER COUNTY , FLORIDA Mid-State Mechanical of Vero Beach , Inc 42 Robert E . Fields , President Agnneth Macht BCC Chairman Witnessed by : Approved by BCC 11 - 18 - 2003 Attest : Jeq,R, Barton , Clerk o uit Court County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency 0 A � 3� 0 " Indian River Co. A vedJ11DateJames E C ndler, ounty Ad��Lmiinistrator' Adminis tration Le i Budget Department 3 Page 47 of 48 s giVE�P Indian River County Purchasing Division 262519th Avenue Vero Beach , FL 32960 = 3335 . — Phone (772) 567 = 8000 Fax (772) 770 = 5140 1nvi'* tati* on to i 'od Project Name : Indian River County Administration Building Chiller Replacement Bid # : 6025 Bid Bond Required : Yes Performance Bond Required : Yes Payment Bond Required : Yes Pre Bid Meeting : September 23 , 2003 @ 10 : 00 am Indian River County Administration Building 184025 th Street Vero Beach , Florida 32960 = 3335 Refer Technical Questions to : David Da Silva , 321 = 636 - 0274 phone 321 = 639 = 8986 fax Bid Opening Date : October 1 , 2003 Bid Opening Time : 2 : 00 P .M . ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 2625 19TH AVENUE , VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED . Page 1 of 48 TABLE OF CONTENTS ADVERTISEMENT FOR BID 3 INSTRUCTIONS TO BIDDERS 4 GENERAL CONDITIONS 9 SPECIAL PROVISIONS 15 DELIVERY, STORAGE AND HANDLING 18 TECHNICAL SPECIFICATIONS 20 BID FORM 21 BID BOND 23 AFFIDAVIT OF COMPLIANCE 28 WARRANTY INFORMATION FORM 29 SWORN STATEMENT UNDER SECTION 287 . I33 (3 ) (N) , FLORIDA STATUTES ON PUBLIC ENTITY CRIMES 30 SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS 32 BIDDER QUESTIONNAIRE 34 PERFORMANCE BOND 36 PAYMENT BOND 41 AGREEMENT 46 EXHIBIT A INSURANCE REQUIREMENTS 48 Page 2 of 48 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid #6025 Indian River County is accepting sealed bids to install a new Chiller for the County ' s Administrative Building located at 1840 25t Street Vero Beach , Fl . Detailed drawings for the above may be obtained from TLC ENGINEERING at 874 DIXON BOULEVARD, COCOA , FLORIDA 32922 (Phone : 321 - 636-0274) for a price of $ 50 . 00 per set . There is a Pre-Bid Meeting scheduled for September 23 , 2003 at 10 : 00 AM at the site . Deadline for receipt of bids has been set for 2: 00 P. M. on October 1 , 2003 . Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive all informalities . PURCHASING MANAGER INDIAN RIVER COUNTY Publish : September 10 , 2003 September 17 , 2003 September 24 , 2003 For Publication in the Press Journal Please furnish Tear Sheet , Affidavit of Publication , and Invoice to : Indian River County Purchasing Division 2625 19th Avenue Vero Beach , FL 32960 Page 3 of 48 t , INSTRUCTIONS TO BIDDERS DEFINITION OF TERMS 1 . Addenda : Any interpretations or revisions , in a written , telegraphic or graphic form to any of the contract documents received by Bidders before the opening of bids . 2 . Authorized Representative : Any representative of the County, whether or not a County employee , designated as the County' s authorized representative for the purposes of this contract either in a provision of these specifications or in written communication from the County Manager to the CONTRACTOR . 3 . Bidder: Any person , firm, corporation , organization or agency submitting a bid for the work proposed or a duly authorized representative . 4 . Bonds : Bid, performance , maintenance , payment or any other instruments of security furnished by the CONTRACTOR and his authorized Surety in accordance with the contract documents . 5 . Change Order: A written order to the Contractor, signed by the OWNER or the Owner ' s agent, and the Engineer, authorizing an addition , deletion or revision in the work issued after the award of contract . Such change order may increase or decrease the contract cost and/or times required and/or work required to perform the contract 6 . Contract or Agreement : The written agreement executed by the OWNER and the CONTRACTOR for the performance of the work . The contract shall be substantially in the form provided in these specifications . 7 . Contract Bond : The security furnished by the CONTRACTOR and the Surety as a guaranty that the CONTRACTOR will fulfill the terms of the Contract in accordance with the plans , specifications and other contract documents , and pay all legal debts pertaining to the construction of the Project . 8 . CONTRACTOR or Vendor: The person , firm , corporation , organization or agency with whom the OWNER has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative . 9 . Engineer: TLC Engineering, 874 Dixon Boulevard , Cocoa, FL 32.922 ; (321 ) 636=0274 10 . OWNER or County : Board of County Commissioners , INDIAN RIVER COUNTY or its authorized representative . 11 . Plans : Drawings or reproductions thereof furnished by the Engineer pertaining to the Project . 12 . Specifications : The directions , provisions and requirements contained herein , together with all written agreements made setting out or relating to the method and manner of performing the requested services , the quality of material and personnel to be furnished under this contract . All applicable laws of the State of Florida, the Federal Government and the rules and regulations of the County of Indian River are hereby adopted and made a part hereof as specifications . Page 4 of 48 1 13 . Subcontractor: Any person , firm or corporation other than the CONTRACTOR supplying labor or materials for work being performed under these specifications . 14 . Substantial Completion : The date certified by the Engineer when the construction of the Project, or a specified part thereof, is sufficiently completed, in accordance with the Contract Documents , so that the Project or specified part can be utilized for purposes for which it was intended. 15 . Surety : The corporate body which is bound with and for the CONTRACTOR , and which contracts responsibility for his acceptable bid, performance and maintenance of the Project and for his payment of all obligations pertaining thereto . 16 . Work : All labor, materials and incidentals required for the construction of the improvement for which the contract is made , including superintendents , use of equipment , and tools , and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract . Unless otherwise specified herein or in the Contract, all costs of liability and of performing the work shall be at the Contractor ' s expense . SPECIFICATIONS All sections of the specifications and all supplementary documents are essential parts of the contract and requirements occurring in one area as though occurring in all . These specifications and documents in their entirety shall be included in , and made a part of, the contract between the County and the successful bidder . In the event there is any conflict between the terms and conditions contained in the specifications , the precedence of the specifications shall be as follows : 1 . Addenda or modifications of any nature , if any 2 . Supplementary conditions , if any 3 . Technical specifications , if any 4 . Special provisions 5 . General conditions 6 . Instructions to bidders 7 . Bid form 8 . Invitation to bid There will be no oral interpretations of these specifications . Any bidder/proposers in doubt as to the true meaning of any part of the specifications or related documents may submit a written request to the Purchasing Manager for interpretation thereof. The Purchasing Manager shall receive all requests for interpretation or corrections no later than ten (10) days prior to the deadline for submitting bids/Bids . Any interpretation to a bidder will be made only by an addendum duly issued and a copy of such addendum will be mailed and delivered to each bidder receiving a set of documents . Page 5 of 48 BOND REQUIREMENTS Bond requirements , if any, are detailed in the section entitled Special Provisions . PREPARATION OF BIDS Bids shall be submitted in triplicate on the prescribed form provided in these specifications . All copies must be plainly marked by the bidder who will be responsible for their correctness . All blank spaces must be filled in as noted in ink or type . Bids having erasures or corrections must be initialed in ink by the bidder. Only one bid from any individual firm, corporation , organization or agency under the same or different name shall be considered. Should it appear to the OWNER that any bidder is interested in more than one bid, all bids in which such bidder has interest would be rejected. If SUBCONTRACTORS are allowed, bids shall be accompanied by a list of all SUBCONTRACTORS that the bidder proposes to employ , subcontractor shall not be changed without approval of the OWNER . Any deviation from these specifications must be explained in detail . Otherwise , it will be considered that labor, materials and equipment bid is in strict compliance with these specifications and the successful bidder will be held responsible for meeting those specifications . Any exceptions or clarifications to any section of the specifications shall be clearly indicated on a separate sheet(s) attached to the bid form and shall specifically refer to the applicable specification paragraph and page . A bidder is expected to fully inform himself as to the requirements of the specifications and failure to do so will be at his own risk. A bidder shall not expect to secure relief on the plea of error. No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents . QUALIFICATIONS OF BIDDERS The County reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the work. If, after the investigation , the evidence of competency and financial ability is not satisfactory , the County reserves the right to reject the bid . Page 6 of 48 RECEIPT AND OPENING OF BIDS All bids must be submitted in a sealed envelope , addressed and mailed or delivered as stated in the Invitation to Bid . Any bidder may withdraw his bid either personally or by telegraphic or written communication at any time prior to the scheduled closing time for the bid. The bidder shall submit his bid on the form furnished along with all information indicated on the form . Bids shall be in the units specified for each item . The bidder shall enter the company name wherever the bid form so indicates . Bids shall be opened and publicly read at the time and place indicated in the Invitation to Bid. CONSIDERATION OF BIDS AND AWARD OF CONTRACT The contract will be awarded to the lowest responsible and responsive bidder whose bid, conforming to the specifications and/or instructions to bidder, will be the most advantageous to the County , price and other factors considered. The OWNER reserves the right to award the contract to other than the low bidder for such reasons as acceptability of specific products or designs , delivery times , warranties , past performance , unacceptable deviations or exceptions taken to these specifications or degree of compliance with any other requirement of these specifications . Further, OWNER shall have the right to consider price , quality , time required for performance and qualifications of the bidder in making the award . The OWNER reserves the right to waive any and all irregularities and to reject any or all bids in the best interest of the OWNER and award the contract to the responsible bidder whose bid is determined to be in the best interest of the County . If the contract is awarded, the OWNER will accept the bid and award the contract to the successful bidder within sixty (60) days after the opening of the bids , by written notice to the successful bidder. The award of the contract will be made to one CONTRACTOR only for all work to be done . Failure on the part of the successful bidder to execute a contract within fifteen (15 ) days after the notice of acceptance shall be just cause for annulment of award. The OWNER may then accept the bid of the next best-evaluated bid or re-advertise for bid. If the bid of the next bidder is accepted, this acceptance shall bind such bidder as though he were the original successful bidder. ACCEPTANCE OF OFFER The signed bid shall be considered an offer on the part of the bidder ; such offer shall be deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document . Page 7 of 48 PERFORMANCE All material and parts shall be bid F . O . B . Destination , at the job site . CONFLICT OF INTEREST The bidder, by signing his bid, certifies that to the best of his knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order. ADDENDA Addenda issued by OWNER prior to the bid opening shall be binding as if written into the specifications . Bidders shall acknowledge receipt of the same as indicated on the bid form. Page 8 of 48 GENERAL CONDITIONS RESPONSIBILITIES OF THE CONTRACTOR Performance : The CONTRACTOR shall perform all authorized work initiated by the OWNER promptly and diligently in a good, proper and workmanlike manner in accordance with these Specifications . The CONTRACTOR , in doing the work, shall have the freedom to perform the authorized work by such means and in such a manner as he may choose within the limits of these Specifications . Employees of the CONTRACTOR shall not be deemed employees of the OWNER for any purposes whatsoever. Materials, Services and Facilities : The CONTRACTOR shall provide and pay for all labor, tools , equipment , transportation and materials and these shall be of a high quality in every respect . The CONTRACTOR'S employees shall be as clean and in good appearance as the job conditions permit and shall conduct themselves in an industrious and courteous manner. Modern tools kept in good working order shall be utilized. Adequate first aid supplies shall be provided by the CONTRACTOR and shall be accessible to the employees . Subcontractor: The CONTRACTOR may utilize service or specialty SUBCONTRACTORS on those parts of the work, which under normal contracting practices , are performed by specialty SUBCONTRACTORS . The following provisions shall apply : The CONTRACTOR shall notify the OWNER in writing of any subcontract that is to be utilized and no subcontractor shall be employed without the written approval of the OWNER . The CONTRACTOR shall be as fully responsible to the OWNER for acts and omissions of persons directly or indirectly employed by him as he for the acts and omissions of persons strictly employs him. Nothing contained in this contract shall create any kind of contractual relationship between the SUBCONTRACTORS and the OWNER . Compliance with Laws and Regulations : All County, State and Federal law , regulations or ordinances must be strictly observed. CONTRACTORS shall be responsible for all practical and legal notices and signals to the public while the work is in progress and shall take precautions that may be necessary to protect life and property . Responsibility for Damages : The CONTRACTOR shall indemnify and hold harmless the OWNER from all suits , actions or claims of any character brought on account of any injuries or damages received or sustained by any person , persons , or property by or from the said CONTRACTOR , or by or in consequence of any neglect in safeguarding the work through the use of unacceptable materials or workmanship or by or on account of any activity or omission , neglect or misconduct of the CONTRACTOR , a SUBCONTRACTOR or by an account of, any claim or amounts recovered from any infringement of patent , trademark or copyright or from any claims or amounts arising or recovered under the " Workers Compensation Law " or any other law , by-laws , ordinance , order or decree . Page 9 of 48 Enforcement or Litigation Cost: The CONTRACTOR shall pay all costs and expenses that may be incurred by the County (i ) in enforcing compliance by the CONTRACTOR with the provisions of this contract , or (ii ) in defending any proceeding or suit brought against the County for violation by the CONTRACTOR , of any law or ordinance , or (iii ) in defending any action or suit for which indemnification is required thereunder. If the County shall be , or be made , a party to any litigation with respect to any matter arising out of, or related to , this contract as to which the CONTRACTOR is at fault or responsible , the CONTRACTOR shall pay all judgments , decrees and costs , including reasonable attorney' s fees , incurred by or imposed upon , the County in connection therewith . Insurance : OWNERS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section , and until such insurance has been approved by the OWNER , nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR 's work is covered by the protections afforded by the CONTRACTOR 's insurance . Compensation Insurance : The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute , the CONTRACTOR shall provide adequate coverage for the protection of such employees . Public Liability Insurance : The CONTRACTOR shall procure and shall maintain commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts referenced in Exhibit A . The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Builder ' s Risk Insurance : The contractor shall procure and shall maintain builder' s risk insurance ("all risk") with limits equal to one hundred percent ( 100 % ) of the completed vale of the structure(s ) , building(s ) , or addition (s) . It shall include a Waiver of Occupancy Endorsement to enable the County to contract calls for the installation of machinery or equipment, the policy must be endorsed to provide coverage during transit and installation . The maximum deductible allowable under this coverage is $ 500 . 00 per claim . Proof of Carriage of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required . Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage . Permits and Licenses : The CONTRACTOR shall procure all permits and licenses , pay all charges and fees and give all notice necessary and incidental to the performance of the work. The COUNTY will obtain site plan approval , will do all the site work (filling , grading and compaction) and will pay all site impact fees . Page 10 of 48 , Assignment of Contract: The County reserves the right to terminate a contract by giving thirty (30) days notice in writing , of the intention to terminate if at any time the CONTRACTOR fails to abide by or fulfill any of the terms and conditions of the contract . The County also reserves the right to terminate this contract for the convenience of the County , and/or with or without cause . Fiscal Non -Funding : In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence , and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County . Liens: Before the final acceptance of the work and payment by the OWNER , the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence , under oath , that all claims for labor and materials employed or used in the construction of said work have been settled and no legal claim can be filed against the OWNER for such labor and materials . If such evidence is not furnished to the OWNER , such amounts as may be necessary to meet the unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged . CONDUCT OF THE WORK All parts and materials to be permanently installed shall be new and of the most suitable grade for the purpose intended. Equipment shall be modern , in good condition , and of adequate size and proper type to perform the duty required. Defective Work And Materials. All materials furnished or work done , when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials . Failure to reject any defective work or materials will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . If the CONTRACTOR fails to remove any defective work or materials , the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR . If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price . Damage to the Work. Until final acceptance of the work by the OWNER , it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements , or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense , damages to any portion of the work before its completion and acceptance . Page 11 of 48 Final Cleanup . Before the work is considered complete , all rubbish and unused material due to , or connected with , the work must be removed and the premises left in a condition satisfactory to the OWNER . All property, public or private , disturbed or damaged, during the execution of the work shall be restored to its former condition . Final payment will be withheld until such work is accomplished. SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of all existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation . Should the OWNER be required to make such repairs , the cost of such repairs shall be deducted from the contract price . TERMINATION/DEFAULT If the CONTRACTOR shall be adjudged as bankrupt , or if he should make a general assignment for the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR , or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials , or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER , or fails to observe or perform , or be guilty of a substantial violation of any provision of the contract documents , then the OWNER , after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to terminate , and such default shall continue unremedied for a period of ten (10) days , may terminate the contract without prejudice to any other rights or remedies and take possession of the work ; and the OWNER may take possession of, and utilize in completing the work, such materials , appliances and equipment as may be on the site of the work and necessary therefore . The CONTRACTOR shall be liable to the OWNER for any damages resulting from such default . DELAY Notwithstanding the contract schedule , the County shall have the right to delay performance for up to three (3 ) months as necessary or desirable , and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by reason of the County's delay . If the work is stopped or delayed for more than three (3 ) months , either in whole or in substantial part , either the County or CONTRACTOR may elect to terminate the contract because of such delay . If such stoppage or delay is due to actions taken by the County within its control , CONTRACTOR ' S sole remedy under the contract shall be reimbursement for costs reasonably expended in preparation for or in performance of the contract plus CONTRACTOR ' S lost profit for the period of CONTRACTOR ' S performance on the jobsite . Page 12 of 48 If the performance of the contract is delayed by fire , lightning , earthquake , cyclone or other such cause completely beyond the control of either the County or CONTRACTOR , then the time for completion of the contract shall be extended for a period equivalent to the time lost by reason of any of the aforesaid causes . WARRANTY/GUARANTEE CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications . CONTRACTOR agrees to remedy promptly and without cost to OWNER , any defective materials or workmanship that appear within one (1) year from the date of completion of the work. No provision contained in these Specifications shall be held to limit CONTRACTOR ' S liability for defects to less than the legal limit of liability in accordance with law . No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts , materials and equipment to be installed with Manufacturer's full warranty as to parts and service for one (1 ) year wherever possible . Asbuilt Drawing Requirements Prior to Final Acceptance , the CONTRACTOR shall submit to the OWNER two (2) sets of Asbuilt Plans . This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the project. As a minimum , the plan set shall show the following : The CONTRACTOR shall correct any errors to the As-Built plans upon review by the ENGINEER before Final Acceptance is complete . NOTICES Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to have been properly sent when mailed to the CONTRACTOR at the address provided on the bid form. Notices to the County shall be deemed to have been properly sent when mailed to Indian River County , Lynn Williams , Superintendent of Building and Grounds , 1840 25th Street , Vero Beach , Florida 32960 . Page 13 of 48 DISPUTE Except as otherwise provided in this contract, any dispute concerning a question of fact or of interpretation of a requirement of the contract which is not disposed of by mutual consent between the parties shall be decided by the General Services Director, who shall reduce the decision to writing and furnish a copy thereof to the parties . In connection with any dispute proceeding under this clause, the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the contract. The General Services Director shall make such explanation as may be necessary to complete, explain or make definite the provisions of this contract and the findings , and conclusions shall be final and binding on both parties . Pending the final decision of a dispute thereunder, CONTRACTOR shall proceed diligently with its performance of the contract in accordance with the preliminary directions of General Services Director. TERMINATION BY THE COUNTY The County reserves the right to terminate a contract by giving thirty (30) days notice in writing, of the intention to terminate , if at any time the CONTRACTOR fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for the convenience of the County , and/or with or without cause . Fiscal Non-Funding : In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County . PUBLIC ENTITY CRIMES Public Entity Crimes - Section 287 . 133 of the Florida State Statutes requires that a CONTRACTOR submit a sworn statement concerning Public Entity crimes before a purchase of $ 10 ,000 . 00 or more can be made by a Government Entity. Bidders are required to submit the enclosed form (Refer to Forms Section of Bid Document) with their bid, as failure to do so may be reason for rejection of bid. PUBLIC DISCLOSURE STATEMENT Conflict of Interest : Any entity submitting a bid or entering into a contract with the COUNTY shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either must be disclosed as follows : Father, mother, son daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father- in- law, mother- in - law, daughter- in- law, son - in-law, brother- in -law, sister- in - law, stepfather, stepmother, stepson, stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a county approved form . (Form provided in the Forms Section of this Bid) . Failure to submit form may be cause for rejection of bid. Page 14 of 48 BID FORM Bidder Mid - State Mechanical of Vero Beach , Inc . (Bidder ' s Name) hereafter called " CONTRACTOR" , hereby submits TO : INDIAN RIVER County Purchasing Department 2625 19th Avenue Vero Beach, Florida 32960 Attn : Fran Powell, Purchasing Manager Project : Indian River County Bid # 6025 Project Name Administration Building Chiller Replacement Indian River County, Florida Bid: The undersigned, as CONTRACTOR, declares that he/she has reviewed the plans and specifications for the scope of the project, visited the premises to review existing conditions and has reviewed the contractual documents thereto ; and has read all special provisions furnished Prior to the opening of Bids ; that he/she has satisfied himself/herself relative to the work to be performed . The CONTRACTOR proposes and agrees , if this Bid is accepted, to contract with the County in the • form of the Work in full and complete accordance with the shown, described, and reasonable intended requirements of the plans, specifications and Contract documents to the full and entire satisfaction of the County. Proposed Contract Sum : Base Bid Amount of. nnP Hundred nrin. ety ree TbeUsand and 9Q .,` 100193 , 000 . 00 ) Base Bid Price Written Performance and Payment Bond: If the Contract amount exceeds $25 ,000 . 00 please identify the cost of the Bond to be added to the Base Bid Amount in dollars ($ 2 , 41 �i _ n n ) Alternate Chiller 9 . 8 EER - deduct $ 10 , 000 . 00 Addenda : The following Addenda have been received and are included in the Base Bid : Addendum No . 1 Yeses Date 96 RPnpf-. PmhPr , 9nn � Addendum No . 2 Yes x Date 29 September , 2003 Addendum No . 3 Yes _ Date Addendum No . 4 Yes Date • Page 21 of 48 Time of Completion : The Work shall commence immediately upon execution of the Contract and shall be substainally • complete on or before _ gnconsecutive calendar days thereinafter. Acceptance of Bid: The CONTRACTOR understands and agrees that the Owner reserves the right to accept or reject any or all Bids submitted within 90 calendar days from the date of the Bid opening . CONTRACTOR agrees that it will not withdraw its Bid for said period of time . Owner anticipates award of bid within thirty calendar days from bid opening. Time: Time is of the essence . The undersigned bidder agrees, that if awarded a contract, to execute an agreement within fourteen days and provide necessary insurance forms in the same time frame . Any exception to these conditions must be noted in your Bid. The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions , specifications and attachments hereto . Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Respectfully Submitted, Mid - Sta_tQ MechaniC2a3 3825 71st Street • Name of Firm Address Vero Beach , FL 32967 Authorized Signature City, State, Zip Code President (772 ) 567 - 3102 Title Phone 10 - 01 - 03 Date Signed (Corporate Seal) E-mail : . hnhPmi r3cf-. ;; -. Pmprh _ rnm Occupational License : 000565 - 0001348 FEIN Number: 59 - 1837478 • Page 22 of 48 SPECIAL PROVISIONS SCOPE These Special Provisions shall supplement the General Conditions and shall govern purchases by the County of Indian River under these Specifications , except that technical specifications , if any, will govern if any conflict arises between such technical specifications and these Special Provisions . DESCRIPTION OF THE WORK/ALTERATIONS The work for this project shall consist of replacing an existing water cooled chiller with one air cooled chiller, new pump and modification to existing chilled water piping . Extra work: Without invalidating the contract, the OWNER may at any time , by written change order and without preliminary notice to the surety , order extra work within the general scope or alter the work by addition or reduction , and the contract price will be adjusted accordingly. Changes in work: The County shall have the right to suspend work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or other conditions , which the County considers unfavorable for the work to proceed. No allowance of any kind will be made for such suspension of work except an equivalent time for completion of the contract . Changed conditions : If during the progress of work, field conditions are found to differ materially from those covered by the Specifications or from those , which could reasonably have been foreseen by the CONTRACTOR after examination of the site, the CONTRACTOR shall call such conditions to the attention of the OWNER and necessary changes will be made to the Specifications . If these changes entail extra work or materials and the value of such work has not been determined by unit price under the contract, the values of such work or change shall be determined by negotiation . The OWNER and CONTRACTOR shall execute a change order to the contract at mutually satisfactory unit prices or lump sums for any extra work, addition or deletion made necessary by such changed conditions and requested by the County . COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed. TIME OF COMPLETION The work shall be completed within the time slated on the bid as time required to complete all work. Page 15 of 48 CONTRACT PRICE The County shall pay the CONTRACTOR the lump sum amount for the work at the price(s ) stated on the bid form upon completion and final acceptance by the ENGINEER . No additional payment shall be made to the CONTRACTOR except for additional work or materials as stated on a valid change order issued by the County prior to the performance of the work or delivery of materials . Final Payment Acceptance : The acceptance by the CONTRACTOR of final payment due on termination of this contract shall constitute a full and complete release of the County from any and all claims , demands and causes of action whatsoever which the CONTRACTOR , its successors or assigns have or may have against the County under the provisions of this contract . EXAMINATION OF THE SITE Before submitting this bid, the bidder shall visit the job site in order to ascertain the prevailing local conditions , which may affect the work to be done . Arrangements to visit the work site may be made by contacting Buildings and Grounds at (772) 567- 8000 ext 1419 . No payment for additional work or materials shall be made upon any claim of changed conditions (s ) if such condition (s) could have been reasonably foreseen upon diligent examination of the site prior to submission of the bid . COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work and materials . Work by OWNER : The County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces . Work by Other CONTRACTORS : The County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under the contract . Coordination : CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County . Page 16 of 48 BONDS Bid Security : Each bid must be accompanied by a cashier's check, certified check or bid bond in the form attached to these specifications payable to INDIAN RIVER COUNTY in the amount of five (5 ) percent of the bid submitted. Bid security will be forfeited if the successful bidder fails to execute a contract with the County substantially in the form attached hereto within fifteen (15 ) days after notification of award of the contract . The OWNER shall within twenty (20) business days after the opening of the bids , return the bid securities of all bidders except those posted by the three lowest responsive bidders , whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER , and after proof of insurance and/or a Performance Bond as specified herein has been received by OWNER . Performance & Payment Bonds: The CONTRACTOR shall furnish a Performance Bond in the form attached to these specifications in an amount of 125 % of the lump sum amount bid as security for the full and complete performance of the contract and a Payment Bond in the amount of 100 % of the lump sum bid as security for the payment of all persons performing labor, furnishing materials or furnishing equipment in connection with the contract. Requirements as to Surety : The surety or Sureties shall be a company or companies satisfactory to the County . Any surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein . The requirement of a Florida resident agent may be waived by the County if evidence satisfactory to the County is provided that applicable requirements have been met to permit service of process on a State official under State law . Page 17 of 48 DELIVERY, STORAGE AND HANDLING PART 1 : GENERAL 1 . 01 SCOPE OF WORK A . This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work. Specific requirements , if any, are specified with the related item . 1 . 02 TRANSPORTATION AND DELIVERY A . Transport and handle items in accordance with manufacturer's instructions . B . Schedule delivery to reduce long-term on-site storage prior to installation and/or operation . Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the Engineer. C . Coordinate delivery with installation to ensure minimum holding time for items that are hazardous , flammable , easily damaged or sensitive to deterioration . D . Deliver products to the site in manufacturer's original sealed containers or other packing systems , complete with instructions for handling , storing, unpacking , protecting and installing . E. All items delivered to the site shall be unloaded and placed in a manner, which will not hamper the Contractor's normal construction operation or those of subcontractors and other contractors and will not interfere with the flow of necessary traffic . F . Provide necessary equipment and personnel to unload all items delivered to the site . G . Promptly inspect shipment to assure that products comply with requirements , quantities are correct, and items are undamaged. For items furnished by others (i . e . Owner, other Contractors ) , perform inspection in the presence of the Engineer. Notify Engineer verbally, and in writing , of any problems . 1 . 03 STORAGE AND PROTECTION A . Store and protect products in accordance with the manufacturer's instructions , with seals and labels intact and legible . Storage instruction shall be studied by the Contractor and reviewed with the engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the Contractor. Arrange storage to permit access for inspection . B . Store loose granular materials on solid flat surfaces in a well-drained area . Prevent mixing with foreign matter. Page 18 of 48 C . Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry at all times . All structural , miscellaneous and reinforcing steel shall be stored off the ground or otherwise to prevent accumulations of dirt or grease , and in a position to prevent accumulations of standing water and to minimize rusting . Beams shall be stored with the webs vertical . Precast concrete shall be handled and stored in a manner to prevent accumulations of dirt , standing water, staining , chipping or cracking . Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage , cracking and spalling to a minimum . D . All mechanical and electrical equipment and instruments subject to corrosive damage by the atmosphere if stored outdoors (even though covered by canvas ) shall be stored in a weather tight building to prevent injury . The building may be a temporary structure on the site or elsewhere , but it must be satisfactory to the Engineer. Building shall be provided with adequate ventilation to prevent condensation . Maintain temperature and humidity within range required by manufacturer. 1 . All equipment shall be stored fully lubricated with oil , grease and other lubricants unless otherwise instructed by the manufacturer. 2 . Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid metal-to-metal " welding " . Upon installation of the equipment, the Contractor shall start the equipment, at least half load, once weekly for an adequate period of time to ensure that the equipment does not deteriorate from lack of use . 3 . Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance . New lubricants shall be put into the equipment at the time of acceptance . 4 . Prior to acceptance of the equipment , the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such , the manufacturer will guaranty the equipment equally in both instances . If such a certification is not given , the equipment shall be judged to be defective . It shall be removed and replaced at the Contractor's expense . Page 19 of 48 TECHNICAL SPECIFICATIONS Furnish and install all mechanical and electrical equipment and materials for the Indian River County Administration Building Chiller Replacement as noted in the accompanying book specifications dated September 5 , 2003 with any additional addendums . Page 20 of 48 T& MERICAN INSTITUTE OF ARCHIT"S AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS , that we MidState Mechanical of Vero Beach, Inc. as Principal , hereinafter called the Principal , and The Fidelity and Deposit Company of Maryland a corporation duly organized under the laws of the State of Maryland as Surety , hereinafter called the Surety , are held and firmly bound unto Indian River County, Florida as Obligee , hereinafter called the Obligee , in the sum of FIVE PERCENT (55,o) OF PROPOSED BID-Dollars ( $ --- 5 % -- ) , for the payment of which sum well and truly to be made , the said Principal and the Surety , bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . WHEREAS , the Principal has submitted a bid for IRC Administration Building Chiller Change Out NOW , THEREFORE , if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid , and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds , if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid , then this obligation shall be null and void , otherwise to remain in full force and effect . Signed and sealed this 25th day of September, 2003 ,. MidState Mechanical of Vero Beach Inc (Seal) w (Witness ) (Title ) The Fidelit a d e osit Company of Maryland (Seal) l itness ) Agent an At orney in fact, Arthur K .Broder Printed in cooperation with the American Institute of Architects (AIA) by CANF & D . CANF& D vouches that the language in this document conforms exactly to the language used in AIA Document A310 Bid Bond - AIA, February 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 NEW YORK AVE . , N .W . , WASHINGTON , D . C . 20006 . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS : That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B . WALBRECHER, Vice-President, and T. E . SMITH, Assistant Secretary, in pursuance of authority granted by Article VI , Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Arthur K. Broder, of Davie, Florida, its true and lawful agent and Attorney- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as ' act and deed : y and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall lding upo mpany, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regula \ ted officers ompany at its office in Baltimore, Md. , in their own proper persons . This power of attorney revokes that issued on behalf o txr K. Broder pril 18, 1997. The said Assistant Secretary does hereby certify that the extract set n the rever, ereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force . IN WITNESS WHEREOF, the said Vice-President and Assista �tary have subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLA 7th day o A.D. 1997 . 0 ATTEST: FIDELITY AN SIT CORNY OF MARYLAND usmp�%O�Wlh By : T. E. Smith ssistanis W. B. Walbrecher Vice-President State of Maryland ss: �� o County of Baltimore On this 7th day of May, A. D. 1997, before the subs Notary Public of the State of Maryland, duly commissioned and qualified, came W. B . WALBRECHER, Vice-President and T. E . SMITH, nt Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offic cribed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo erally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding Instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written . J. F,r� lPu A 9 � Pum,c a>x 0 Car 1 J. Fader Notary Public My C miss ' Expires : August 1 , 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate ; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED : "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed . " IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 264 % day of Sep-1°CA%nbtyr 2003 Assistant Secretary L1428-031 -2375 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND " Article VI , Section 2 . The Chairman of the Board , or the President, or any Executive Vice-President , or any of the Senior Vice. Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee , shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries , to appoint Resident Vice-Presidents , Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds , undertakings , recognizances , stipulations , policies , contracts , agreements , deeds , and releases and assignments of judgements , decrees , mortgages and instruments in the nature of mortgages , . . . and to affix the seal of the Company thereto . " • BID BOND . KNOW ALL MEN BY THESE PRESENTS , that we Mia S t a t e M p r- h a n i r• a 1 o f Vern B P a-a=h-r-Ina as (BIDDER' S NAME) Principal, and Fidelity & Deposit Company of Maryland (SURETY ' S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Davey , FT , and authorized to do business in the State of Florida, are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of 5 / Dollars ($ 5 % ) , lawful money of the United States , amounting to 5 % of the total bid price, for the payment of which sum well and truly be made, we bind ourselves, our heirs , executors, administrators, and successors , jointly and severally, firmly by these presents . Whereas said Principal is herewith submitting a Bid dated 1 October , 20. 0.3 , for the construction of: Project Name : Tnai an River County Admin . Bldg , Bid Number : h n 2 5 • Project Address : 1840 25th . S i- r P P t Vere Beaeft , —tele�da Project Description: Chiller Replacement NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void . Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees, including appellate proceedings , incurred by the OWNER if suit is brought hereon, but in no event shall Surety' s liability exceed the penal sum hereof plus such expenses and attorney ' s fees . • Page 23 of 48 IN WITNESS WHEREOF, thSove-bound parties have executed thiStrument under their several seals this day of , 20_, the name and corporate seal of each corporate • party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed, sealed and delivered in the presence of. Witness Signature of Individual Address Printed Name of Individual Witness Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed, sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 24 of 48 WHEN THE PRINCIPAL IAARTNERSHIP : • Signed, sealed and delivered in the presence of • Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WHEN THE PRINCIPAL IS A CORPORATION : Attest : Lawrence T . Paolf Mid - State M e hanical Secretary Name of Corporation • BY : (Affix Corporate SEAL) � awreeee a � �e-� € Printed Name cAr� relk tarr fl/ Trna curer Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I e d Ege l € , certify that I am the Secretary of the corporation named as Principal in the within bond; that Robert E Fields , who signed the said bond on behalf of the Principal was then President of said corporation : that I know his signature, and his signature thereto is genuine ; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secr tart' (SEAL) Page 25 of 48 TO BOIXECUTED BY CORPORATE SU&Y : Attest : • Secretary Corporate Surety Business Address BY : (Affix Corporate SEAL) (Attach Power of Attorney) Arthur W - RrnHpr Attorney-In-Fact Broder & Associates Name of Local Agency • 6191 Oranae Dr . Davey , FL. 33314 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , to me well known, who being by me first duly sworn oath, says that he is the attorney-in- fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of , 20_ Notary Public , State of Florida My Commission Expires : • Page 26 of 48 Any claims under this bond SO be addressed to : • Name and address of Surety T: i d A l i twF,nPn n G t- i t C n of Maryland P . O . Box 1227 Baltimore , MD 21203 - 1227 Name and address of agent or representative in Florida if different from above : Brc) dpr & Associates 61Q1 nrannn T) r _ Squi i- c 615 () P Davey ,, F-a orida 'I3314 Telephone number of Surety and agent or representative in Florida: (.9Z.4_) 5,g. _ - 3 0 09 • Page 27 of 48 OFIDAVIT OF COMPLIANCO Indian River County Bid # 6025 for Administration Building Chiller Replacement Ej We DO NOT take p exception to the Bid / Specifications . p ❑ We TAKE exception to the Bid / Specifications as follows : Company Name : Mica - Stake MPrhaniral of Vern RParh , Tnr• _ Company Address : 3825 71st . Street • Vern Reach , FT , 32967 Telephone Number: 7 7 9 _ 5 67 _ 3n2 Fax : 7 7 2 - 7 7 8.3 q8 E-mail : boa@i ids t t � ��h yam Authorized Signature : Date : 1 October , 2003 Name : R o h P r i-. F _ Pi P1 rs Title : P Pgj H e n t (Typed / Printed) • Page 28 of 48 WA TY INFORMATION FOIS • Indian River County Bid # 6025 for Administration Building Chiller Replacement Make and Model of Proposed Equipment : Treane - Model # RTAC - 10 . 4 EER Carrier - 30GXR Is there a warranty on the proposed equipment? Yes [ No ❑ Does the warranty apply to all components or only part? (Please specify) AS PER SPECIFICATIONS Warranty period for parts : As P .PgSPEcIFICATInNS Warranty period for service : 1 Vea r Nearest source to Indian River County for parts and service : Mid State Mechanical of Vero Beach , Inc . • Who will provide service and where in the event of failure within warranty period? Company Name : Mid State Mechanicai of Vern 'Rear hone : ( 772 ) 567 - 3102 Address : oig99 71 ci- _ St. rPPf: Vero Beach , FL 32967 Contact person : Jan Greer Will any voluntary service follow installation or delivery? Yes No ❑ Ifso , bywhom? Mid State Mechanical When? 10 days Who is the highest authority (manufacturer, distributor, dealer, etc . . . ) fully behind this warranty? A copy of the complete warranty statement is submitted herewith: Yes ❑ No • Page 29 of 48 SWORN STATEAWT UNDER SECTION 287 .I3 ' (N) , FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted with Proposal No . 6095 2 . This sworn statement is submitted by Robert F Ita I d whose business address is i R 9 c; :71 st strGet - Vero —Beaeh, 1 22967 and (if applicable) its Federal Identification No . (FEIN) is 59 . 1- 1327a7A If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement : 3 . My name is N/A and my relationship to the entity named above is N/ A 4 . I understand that a "public entity crime" as defined in Paragraph 287 . I33 ( 1 )(g) , Florida Statutes, means a violation of any state or federal law by a person with respect to , and directly related to, the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations . • 5 . I understand that "convicted" or "conviction" as defined in Paragraph 287 . I33 ( 1 )(b) , Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1 , 1989, as a result of a jury verdict, non jury trail, or entry of a plea of guilty or nolo contendere . 6 I understand that an "affiliate" as defined in Paragraph 287 . I33 ( 1 ) (a) , Florida Statutes , means : a. A predecessor or successor of a person convicted of a public entity crime ; or b . An entity under control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term "affiliate" includes those officers, directors, executives , partners, shareholders, and employees , members, and agents who are active in the management of an affiliate . The Ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm ' s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate . • Page 30 of 48 7 . I understand that a "p*" as defined in Paragraph 287 . I33 ) , Florida Statutes, means any natural person or entity organized under the laws of any state of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision • of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors , executives, partners, shareholders , and employees, members and agents who are active in management of an entity. 8 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement . (Please indicate which statement applies) x Neither the entity submitting this sworn statement, nor any officers, directors , executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1 , 1989 . The entity submitting this sworn statement, or one or more of the officers , directors, executives , partners, ' shareholders , employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with, and convicted of, a public entity crime subsequent to July 1 , 1989 , and (Please indicated which additional statement applies) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list . (Please attach a copy of the final order) . The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list . (Please attach a copy of the final order) The person or affiliate has not been place on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services) Signature : 2 -.*e 7M Date : 1 2043 STATE OF Florida COUNTY OF T n cii a n ]River Personally appeared before me, the undersigned authority, lR o be r t E Fie ] ra s who after first being sworn by me, affixed his / her signature in the space provided above on this _ 1 t . day of October , 20.(a. JANM S. GREER * * MY COMMISSION # DD 248885 ary Public, State a arge EXPIRES: September 10, 2007 C�f�OFFA��\o! Bonded Thru Budget Notary Services Commission Expires : 9 / 10 / 07 • Page 31 of 48 SWORN STATEMENICER SECTION 105 .08, INDW RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS * THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted with Bid, Proposal or Contract No . �=5 for IRrdmi TBuild ! Rg 2 . This sworn statement is submitted by: Robert E . Fields Mid - State Mechanical of Vero Beach , Inc . (Name of entity submitting Statement) whose business address is : 3825 71st . Street - Vero Beach , FT , 12g67 and (if applicable) its Federal Employer Identification Number (FEIN) is 5-g _ 1 R 3 7 4 7 R (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) • 3 . MY name is (Please print name of individual signing) and my relationship to the entity named above is 4 . I understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees , members, and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. Page 32 of 48 6 . Based on information Selief, the statement, which I have mJ@d below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies . ] Neither the entity submitting this sworn statement, nor any officers, directors , executives , partners , shareholders, employees, members , or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors , executives , partners , shareholders, employees , members , or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee ' (Signature) • 1 nrtoher ,-2003 (Date) STATE OF Florida COUNTY OF T n ci i a n -River The foregoing instrument was acknowledged before me this 1 Gt _ day of Qcf7 ober , 20n, by who is personally known to me or who has produced Drivers License as identification. NOT Y PUBLIC SIGN : Q/L � PRIN Janice S . Greer State of Florida at Large My Commission Expires /, ] 0 / 07 JANICE S. GREER (Seal * MY COMMISSION II DD 248885 EXPIRES: September 10, 2007 oF SWM Bonded Thro Buda Notary Services • Page 33 of 48 WDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained : • Ref: Indian River County Bid # 6 0 2 5 for IRC Admin . Bldg . 1 . How many years has your organization been in the business ? 2 5 2 . Number of employees " ON THE JOB " each week? 2 n 3 . Will you subcontract any part of this work? If so , give details : Electrical - P a r a g n n Elir' triC 4 . List three (3 ) references of individuals or corporations for which you have performed this type work and to which your refer: 1) Firm Siemens Phone # ( �? ) 99q - 8 #29.2 Contact Dan Lague 2) Firm school Board of Rrpva rd County Phone # ( 321 ) 794 - 4716 Contact David Martin 3 ) Firm Space Coast Credit Union Phone # ( 321 752 - 2222 • Contact Mike TylPr 4) Firm The New Piper Aircraft Phone # ( 772 ) 299 - 2385 Contact Rny Parker 5 . Have you ever failed to complete work awarded to you : ❑ Yes No if so, where and why? 6 . What equipment do you own that is available for the work? 7 . State the true, exact, correct and complete name of the partnership , corporation, or trade name under which you do business and the address of the place of business : Correct Name Of Bidder: Mid - State Mechanical of Vero beach , Inc . Address : 3825 71st . Street - Vero Beach , F1 . 32967 • Page 34 of 48 STATEMENT OF NO BID If your company does not intend to bid, please return this form immediately to : Indian River County Purchasing Division 2625 19th Avenue Vero Beach FL 32960-3335 We , the undersigned, have declined to submit a bid for IRC Bid # for For the following reasons : ❑ Specifications too "tight" (i . e . geared toward one brand or manufacturer only . ) ❑ Insufficient time to respond to the Invitation to Bid ❑ Our Company does not offer this product or service ❑ Our schedule would not permit our company to perform ❑ Unable to meet specifications ❑ Specifications unclear (Please explain below) ❑ Unable to meet Insurance Requirements ❑ Remove our Company from your "Bidders List" altogether ❑ Other (specify) : REMARKS : We understand that if this STATEMENT of No BID is not executed and returned our Company may be removed from the Purchasing Division ' s Bidders List for this commodity. Company Name : Signature : Telephone : Fax : E-mail : Page 35 of 48 1486590 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1651 PG : 1216 , 10 / 28 / 2003 01 : 08 PM THE AMERICAN INSTITUTE OF ARCHITECTS to AIA Document A311 Bond No PRF08730054 Performance Bond KNOW ALL MEN BY THESE PRESENTS : that (Here insert full name and address or legal title of Contractor) Mid-State Mechanical of Vero Beach, Inc., 3825 71" Street, Vero Beach, Florida 32967 as Principal , hereinafter called Contractor, and , (Here insert full name and address or legal title of Surety) Fidelity and Deposit Company of Maryland, 9130 South Dadeland Blvd. , Ste. 1700, Miami, Florida 33156 as Surety, hereinafter called Surety , are held and firmly bound unto (Here insert full name and address or legal title of Owner) Indian River County Purchasing Division, 2625 19b Ave., Vero Beach, Florida 32960 as Obligee, hereinafter called Owner, in the amount of Two Hundred Thirty One Thousand Seven Hundred Sixty Six Onllars and 251100 Cents Dollars /5231, 766. 251 for the payment whereof Contractor and Surety bind themselves , their heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . WHEREAS , Contractor has by written agreement dated October 1 , 2003 entered into a contract with Owner for (Here insert full name, address and description of project) Indian River County Administration Building Chiller Replacement in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof , and is hereinafter referred to as the Contract . AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 N .Y . AVE . , N .W. . WASHINGTON, D. C . 20006 A TRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON* CLERK BK : 1651 PG : 1217 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or under the contract or contracts of completion extension of time made by the Owner , arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract Whenever Contractor shall be, and declared by price; but not exceeding, including other costs and Owner to be in default under the Contract, the Owner damages for which the Surety may be liable hereunder, having performed Owner's obligation thereunder, the the amount set forth in the first paragraph hereof. The Surety may promptly remedy the default, or shall term " balance of the e contract price, " as used in this paragraph , shall mean the total mount payable by Owner to Contractor under the Contract and any amendments 1 ) Complete the Contract in accordance with its tenTs thereto, less the amount properly paid by Owner to and conditions, or Ccntractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted accordance with its term and conditions, and upon before the expiration of two (2) years from the date on determination by Surety of the lowest responsible bidder, which final payment under the Contract falls due. or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or arrange for a contract between such bidder and Owner, for the use of any person or corporation other than the and make available as work progresses (even though Owner named herein or the heirs, executors, there should be a default or a succession of defaults administrators or successors of the Owner. Signed and sealed this 21st day of Cctoher 2003 "Id "6 of Vero Beech /nc ` (Principap (Seal) r itness) President /�/1%/ Fide/i y and Deposit Company of Mary/and ,: n (Surety) 17j . (Witness) J� •'~ J� Arthur K. Broder, Licensed Resident Atlf + AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL. PAYMENT BOND • AIA ® - ` ,,//1 FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 N . V . AVE. , N . W . . WASHINGTON, D.C. 20066if �,GQbs��b A TRUE COPY CERTIFICATION ON LAST PAGE J .K• BARTON , CLERK BK : 1651 PG : 1218 THE AMERICAN INSTITUTE OF ARCHITECTS to AIA Document A311 Bond No :PRF08730054 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY V\ 1TFI 7ERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS : that (Here insert full name and address or legal title of contractor) Mid-State Mechanical of Vero Beach, Inc. , 3825 71" Street, Vero Beach, Florida 32967 as Principal , hereinafter called Contractor, and , (Here insert full name and address or legal title of Surety) Fidelity and Deposit Company of Maryland, 9130 South Dadeland Blvd. Ste 1700, Miami, Florida 33156 as Surety , hereinafter called Surety , are held and firmly bound unto (Here insert full name and address or legal title of Owner) Indian River County Purchasing Division, 2625 79t ' Ave , 1/e 'o 4each, Florida 32960 as Obligee, hereinafter called Owner, in the amount c ` One Hundred Eighty Five Thousand Four Hundred Thirteen and no/00 ( $ 185,413 .00) for the payment whereof Contractor and Surety bind themselves , their heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . WHEREAS , Contractor has by written agreement dated October 1 , 2003 entered into a contract with Owner for (Here insert full name , address and description of project) Indian River County Administration Building Chiller Rep 'j trrr, en AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA m FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 N . V . AVE . , N . W. , WASHINGTON, D.C . 20006 3 A 79I; E COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1651 PG : 1219 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void ; otherwise it shall remain in full force and effect, subject, however, to the following conditions : 1 . Claimant is defined as one having a direct accuracy the amount claimed and the name of the party contract with the Principal or with a Subcontractor of the to whom the materials were furnished , o for whom the Principal for labor, material, or both , used or reasonably work or labor was done or performed . Such notice shall required for use in the performance of the Contract , labor be served by mailing the same by registered mail or and material being construed to include that part of certified mail, postage prepaid, in an envelope addressed water, gas, power, light, heat, oil, gasoline, telephone to the Principal , Owner or Surety, at any place where an service or rental of equipment directly applicable to the office is regularly maintained for the transaction of Contract. business , or served in any manner in which legal process may be served in the state in which the aforesaid project 2 . The above named Principal and Surety hereby is located , save that such service need not be made by a jointly and severally agree with the Owner that every pubic o4icer . claimant as herein defined , who has not been paid in full before the expiration of a period of ninety ( 90) days after b) After the expiration of one I11 year following the date the date on which the last of such claimant' s work or on which Principal ceased work on said Contract, it being labor was done or performed, or materials were furnished understood , however, that if any limitation embodied in by such claimant , may sue on this bond for the use of this bond is prohibited by any law controlling the such claimant, prosecute the suit to final judgment for construction hereof such limitation shall be deemed to be such sum or sums as may be justly due claimant, and amended so as to be equal to the minimum period of have execution thereon . The Owner shall not be liable limitation permitted by such law . for the payment of any casts or expenses of any such suit. c ) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the 3 . No suit or action shall be commenced hereunder by state in which the project, or any part thereof, is any claimant : situated , and not elsewhere. a) Unless claimant, other than one having a direct 4 . The amount of this bond shall be reduced by and to contract with the Principal, shall have given written the extent of any payment or payments made in good notice to any two of the following : the Principal , the with he eunder, inclusive of the payment by Surety of Owner, or the Surety above named , within ninety ( 90) mechanic ' s liens which may be filed of record against days after such claimant did or performed the last of the said improvement, whether or not claim for the amount work or labor, or furnished the last of the materials for of such lien be presented under and against this bond . which said claim is made, stating with substantial THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255. 05 OR SECTION 713. 23 FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN By REFERENCE. Signed and sealed this 21 st day of October 2003. Mid-State Mechanical of Vero Beach, Inc. ( Principal ) ( Seal) Witness) Presioent P Fide)AW and De osit Com an of McFvin�VSt k / ! Surety) t z" G i ' lSea4� ' le (Witness) Arthur K. Broder, Licensed resideNt ag nto ,A a V AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATER'Ai- PAYMENT BOND • AIA a I •'0• � r a A TRUE COPY CERTIFICATION ON LAST PAGE J , K . BARTON , CLERK BK : 1651 PG : 1220 a ' Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE- P.O. BOX 1227, SAL nMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E . SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate. constitute and appoint Arthur IC. Broder, of Davie, Florida, its true and lawful agent and Attorney-in-Fam to make, execute, seal and deliver, for, and on its behalf as surety, and a ' act and deed : and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall ding upo mpany, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regal ed officers ompany at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf K. Broder pril 18, 1997. The said Assistant Secretary does hereby certify that the extract set,fbVn the rever By-Laws of said Company, and is now in force. g ereof is a true copy of Article VI, Section 2, of the Z� IN WITNESS WHEREOF, the said Vice-President and Assis S`r have subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYL 7th day D. 1997. ATTEST: FIDELITY AN pSIT CONY OF MARYLAND SEAL _ �.laS7GfJ �i/ T E. Smith °�lssisranr See t if' 4. Walbrecher Vice-President StiteofMaryland ss: County of Baltimore On this 7th day of May, A.D. 1997, before the subs Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice-President and T. E. SMITH, t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offic ribed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo erally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. t C'ar ' Myader Public C miss' Expires: August 1 , 2000 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the addit:'onal Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARY1rWD at a mceting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Via-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and bindin.o vnon the Company with the same force and effect as tli9ugh ffi , manualiy axed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name arid affixed the corporate seal of the said Com Fs ' , Pant �`� C� . 21s-F day of Oc-�o6eY .A3sit _ Se l tElry :� L1428-031 -2375 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1651 PG : 1221 1 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COM?ANY OF MARYLAND "Article VI, Section 2 . The Chairman of the Board, or 111CPresident, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries , to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances , stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instrument, in the nature of mortgages, . . . and to affix the seal of the Company thereto. " STATE OF FWRIOA INDIAN RIVER COUIF"y rTHAT THIS IS A THIS IS TO CERTIFY TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFIC .R LEP BYpU � CLERI * DATE I � _ a Certificate of Insurance The Company indicated below certifies that ,the insurance afforded by the policy or policies numbered and described below is in force as of the effective date ' of this certificate. This Certificate of Insurarce does not amend , extend , or otherwise atter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address: Insured 's Name and Address ,• INDIAN RIVEN COUNTY MIDSTATE MECHANICAL OF VERO BEACH, INC , 1840 25TH STREET 3825 712` STREET VERO BEACH , FL 32960 VERO BEACH, FL 32967 POLICY POLICY TYPE OF INSURANCE POLICY NUMBER ANE) EFFEUM EVIRATION LIMITS OF LIABILITY ISSUING COMPANY GATE DATE ("Limits At Inception) GENERAL LIABILITY NATIONWIDE ® Promises-Operations Ilvsul�ANCE 7TAC550611 -3001 7!31 /03 7/31 /04 General Aggregate` S 1 , 000,000 * Products-Completed Operations Pr. Comp. Op. Agg . " S 5000000 Each OceurrQnce S 500 , 000 , ® Personal & Advertising Injury 9 Medical Expense Any One Person/Org. $ 500, 000 0 Fire Damage Legal Any One Person $ 51000 ❑ Other Liability Any One Fire $ 50 , 000 Each Accident El GARAGE LIABILITY-PREMISES Aggregate' AUTOMOBILE LIABILITY # 7713A55d6l1 -0003 7/31 /03 7131104 ® BUSINESS AUTO Bodily Injury ❑ GARAGE (Each Person) 0 Owned ® Hired (Each Accident) ® Nen-Owned Property Damage (Each Accident) Combined Single # Fill In Either Combined Limit S 5009000 Single Limits cr Split Limits EXCESS LIABILITY 77MU650611 -0005 7/31 /03 7/31104 ® Umbrella Form Each Occurrence S 4, 000, 000 Aggregate* 5 41000,000 Workers Compensation STATUTORY LIMITS 77WC550611 -0005 7131 /03 7/31 /04 Bodily Injury Each Accident and (DRUB FREE WORK PLACE) by accident 100,000 Employers' Liability Bodily Injury Each Employee by Disease 100,000 Bodily Injury Policy Limit by Disease 500 ,000 Insurance in force only for hazards indicated by X. Descrijortion ftecial s : Authorized Representative: Countersigned at: Pat O'oonneil insurance P . O . Box 650339 Vero Beach , Florida 32965 Date Issued : 10/26103 I