Loading...
HomeMy WebLinkAbout2003-270 AGREEMENT 7o k THIS AGREEMENT made and entered into this 14th day of October 2003 , by 0 and between HVAC MECHANICAL INC (State License Number CACA15558) located at 5425 NW 24th Street, Suite 208 , Margate, Florida, 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 in Indian River County Bid # 6015 opened on September 24 , 2003 to furnish and install all mechanical and electrical equipment and materials for the installation of a new air conditioning system to the Douglass Cafeteria located at 8445 64th Avenue, Vero Beach, Florida. All work shall be as specified on sheets M- 1 and E - I prepared by TLC Engineering Inc on Indian River County Douglass Cafeteria HVAC Design documents dated September 5 , 2003 and Addendums 1 and 2 . CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Sixty Thousand One Hundred and Sixteen Dollars and zero cents . ($ 60 , 116 , 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 60 Consecutive 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 . 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 . Page 1 of 2 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 Instruction to Bidders , General Conditions , Special Provisions, Submittals , Delivery Storage and Handling, Technical Specifications , Bid Documents , Insurance Requirements (Exhibit A) , Bonds , and the Drawings dated September 5 , 2003 prepared by TLC Engineering Inc , 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) HVAC Mechanical, Inc . INDIAN RIVER COUNTY FLORIDA Frank O . Monti, President C Chairman Witnessed by: i� Approved by BCC ' "411041 Arl JJ 71 Attest : Je Barton, Clo Circuit Court T� y Attorney Deputy Clerk Approved as to Form and Legal Sufficiency v � G J mes E handle , County Administrator Indian River Co. Approved Date Administration P .100P / V Le t Budget Department Page 2 of 2 90k `�`" fo- �8 -4 ® Main Street America Group Bond Number National Grange Mutual Insurance Company Old Dominion Insurance Company S -242035 Main Street America Assurance company Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address ) : Surety (Name and Principal Place of Business) Old Dominion Insurance Company HVAC MECHANICAL INC . Baywood Center 111/4th Floor, 9428 Baymeadows Rd 5425 24th Street Suite 208 Jacksonville, FL 32256 Margate , FL 33063 OWNER ( Name and Address): INDIAN RIVER COUNTY Purchasing Department 2625 19th Avenue Vero Beach , FL 32960 CONSTRUCTION CONTRACT Date: October 7 , 2003 Amount: $75 , 145 , 00 Description (Name and Location) : Indian River County Bid #6015 Douglas Cafeteria HVAC Upgrades BONA , uRtar ,dddy D'afe (Not eMierthan Construction Contract Date) : n ,tr� My • October 7 , 2003 A a; Amount ?{ e$! J5t�45 . 00 = "'•`ya 4AodW.AVoh9tp�i Bond : 0 None ❑ See Page 35 %; - 00 24". • 1 ,C • i O 4KIACIPAL SURETY ~�v�y� P40 3 �';� ( Corporate Seal) Company: ((itj WOO ) , A � INC . Old Dominion Insur o y "* ,tttt„t,t,na� Si riattire: .dam. Signature Name and 710 6 : Name and TI ou a . Brown Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER : OWNER 'S REPRESENTATIVE (Architect, Engineer or KEOUGH KIRBY ASSOCIATES , INC . other party): Plaza Center 68 Cumberland Street Woonsocket , RI 02895 401- 769 - 8100 Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company . The language in this document conforms exactly to the language used in AIA Document A312 , December 1984 edition, third printing, March, 1987. 68-5301 (7/96) Page 1 of 6 A TRUE COPY C ERTIFICATION ON LAST PAGE J . K. B.ARTONa CLERK r 1 The Contractor and the Surety, jointly and severally , Paragraph 6 in excess of the Balance of the Con- bind themselves, their heirs, executors, administrators, tract Price incurred by the Owner resulting from the successors and assigns to the Owner for the perform- Contractor's default; or ance of the Construction Contract, which is incorporated 4.4 Waive its right to perform and complete , arrange herein by reference . for completion , or obtain a new contractor and with 2 If the Contractor performs the Construction Contract, reasonable promptness under the circumstances: the Surety and the Contractor shall have no obligation .1 After investigation , determine the amount for under this Bond , except to participate in conferences as which it may be liable to the Owner and , as soon provided in Subparagraph 3. 1 . as practicable after the amount is determined , 3 If there is no Owner Default, the Surety's obligation tender payment therefor to the Owner; or under this Bond shall arise after: .2 Deny liability in whole or in part and notify the 3. 1 The Owner has notified the Contractor and the Owner citing reasons therefor. Surety at its address described in Paragraph 10 be- 5 If the Surety does not proceed as provided in Para- low that the Owner is considering declaring aCon- graph 4 with reasonable promptness, the Surety shall be tractor Default and has requested and attempted to deemed to be in default on this Bond fifteen days after arrange a conference with the Contractor and the receipt of an additional written notice from the Owner to Surety to be held not later than fifteen days after re- the Surety demanding that the Surety perform its obliga- ceipt of such notice to discuss methods of perform- tions under this Bond, and the Owner shall be entitled to ing the Construction Contract. If the Owner, the Con- enforce any remedy available to the Owner. If the Surety tractor and the Surety agree , the Contractor shall be proceeds as provided in Subparagraph 4 . 4 , and the allowed a reasonable time to perform the Construc- Owner refuses the payment tendered or the Surety has tion Contract, but such an agreement shall not waive denied liability, in whole or in part, without further notice the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy avail- Contractor Default; and able to the Owner. 3.2 The Owner has declared a Contractor Default 6 After the Owner has terminated the Contractor's right and formally terminated the Contractor's right to to complete the Construction Contract, and if the Surety complete the contract. Such Contractor Default shall elects to act under Subparagraph 4 . 1 , 4. 2, or 4. 3 above, not be declared earlier than twenty days after the then the responsibilities of the Surety to the Owner shall Contractor and the Surety have received notice as not be greater than those of the Contractor under the provided in Subparagraph 3 . 1 ; and Construction Contract, and the responsibilities of the 3.3 The Owner has agreed to pay the Balance of the Owner to the Surety shall not be greater than those of Contract Price to the Surety in accordance with the the Owner under the Construction Contract. To the limit terms of the Construction Contract or to a contractor of the amount of this Bond , but subject to commitment selected to perform the Construction Contract in ac- by the Owner of the Balance of the Contract Price to cordance with the terms of the contract with the mitigation of costs and damages on the Construction Owner. Contract, the Surety is obligated without duplication for: 4 When the Owner has satisfied the conditions of Para- 6. 1 The responsibilities of the Contractor for correc- graph 3, the Surety shall promptly and at the Surety's tion of defective work and completion of the Con- expense take one of the following actions : struction Contract; 4. 1 Arrange for the Contractor, with consent of the 6.2 Additional legal , design professional and delay Owner, to perform and complete the Construction costs resulting from the Contractor's Default, and re- Contract; or sulting from the actions or failure to act of the Surety 4.2 Undertake to perform and complete the Con- under Paragraph 4; and struction Contract itself, throu(ih its agents or 6.3 Liquidated damages, or if no liquidated damages through independent contractors ; or are specified in the Construction Contract, actual 4.3 Obtain bids or negotiated proposals from quali- damages caused by delayed performance or non- fied contractors acceptable to the Owner for a con- performance of the Contractor. tract for performance and completion of the Con- 7 The Surety shall not be liable to the Owner or others struction Contract, arrange for a contract to be pre- for obligations of the Contractor that are unrelated to the pared for execution by the Owner and the contractor Construction Contract, and the Balance of the Contract selected with the Owner's concurrence , to be se- Price shall not be reduced or set off on account of any cured with performance and payment bonds exe- such unrelated obligations . No right of action shall ac- cuted by a qualified surety equivalent to the bonds crue on this Bond to any person or entity other than the issued on the Construction Contract, and pay to the Owner or its heirs , executors, administrators or succes- Owner the amount of damages as described in sors . Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company. The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition, third printing , March, 1987 . 68-5301 (7/96) Page 2 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK 8 The Surety hereby waives notice of any change, in- 12 DEFINITIONS cluding changes of time, to the Construction Contract orto 12.1 Balance of the Contract Price: The total amount gations. y related subcontracts, purchase orders and other obli- payable b the Owner to the Contractor under the Construction Contract after all proper adjustments 9 Any proceeding , legal or equitable, under this Bond have been made, including allowance to the Con- may be instituted in any court of competent jurisdiction in tractor of any amounts received or to be received by the location in which the work or part of the work is lo- the Owner in settlement of insurance or other claims cated and shall be instituted within two years after Con- for damages to which the Contractor is entitled, re- tractor Default or within two years after the Contractor duced by all valid and proper payments made to or ceased working or within two years after the Surety re- on behalf of the Contractor under the Construction fuses or fails to perform its obligation under this Bond , Contract, whichever occurs first. If the provisions of this Paragraph 12.2 Construction Contract: The agreement between are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdic- tion of the suit shall be applicable. nature page , including all Contract Documents and changes thereto. 10 Notice to the Surety, the Owner or the Contractor 12,3 Contractor Default: Failure of the Contractor, shall be mailed or delivered to the address shown on the which has neither been remedied nor waived , to per- form page . form or otherwise to comply with the terms of the 11 When this Bond has been furnished to comply with a Construction Contract statutory or other legal requirement in the location where 12.4 Owner Default: Failure of the Owner, which has the construction was to be performed , any provision in neither been remedied nor waived , to pay the Con- this Bond conflicting with said statutory or legal require- tractor as required by the Construction Contract or to require- ment shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement perform and complete or comply with the other terms thereof. shall be deemed incorporated herein . The intent is that this Bond shall be construed as a statutory bond and not as a common law bond . MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : (Space is provided below for additional signatures of added parties, other than those appearing on the cover page. ) CONTRACTOR AS PRINCIPAL SURETY Company: ( Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company . The language in this document conforms exactly to the language used in AIA Document A312 , December 1984 edition , third printing, March, 1987. 68-5301 (7/96) Page 3 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK I OLD DOMINION INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Old Dominion Insurance Company, a Florida- corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article XII of the By-Laws of said Company, to wit: "Article XII. The chief executive officer or president or a vice-president may execute fidelity and surety bonds and other bonds, contracts of indemnity, recognizances, stipulation, undertakings, receipt, releases, deed releases of mortgages, contracts, agreements, policies, notices of appearance, waivers of citation and consents to modifications of contracts as may be requited in the ordinary course of business or by vote of the directors, and such execution may be attested where necessary or desirable and the seal of the company where necessary or desirable may be affixed to the specific instrument by a secretary or an assistant secretary. The chief executive officer or president may with the concurrence of the secretary appoint and authorize an attomey-in-fact or any other person to execute on behalf of the company any of said instruments and undertakings and to affix the seal of the company thereto where necessary or desirable." "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney by facsimile, and any such Power o mey bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so ar respect to any bond, or other contract of indemnity or writing obligatory in the nature thereof, Q �O Pursuant to said by-law: Douglas T Brown 0 is hereby appointed and authorized as a true and lawful attomey-in-fact to make, Cru7te, s I and deliver for and on behalf as its act and deed bonds, undertakings, recognizances, contracts of indemnip@pther wrjgs obligatory in the nature of a bond subject to the following limitation: (C 0 No one bond to excee&saffmie Info x(55,000,000.00) and to bond Old Dominion Insurance Company thereby as fully if such instruments were signed by the doily authorized officers of Old Dominion Insurance Compa�all said attorney-in-fact are hereby satisfied and confirmed. IN WITNESS WHEREOF, Old Dominion Insurance Co taus se presents to be signed by its authorized ,tepresentative and its corporate sea] to be hereto affixed this 26th dayt r S APPOINTMENT SHALL CEASE IIff�W1F��l�l$1 TE AUTOMATICALLYAS OF DECEMBER 31ST, ssso voked as provided. ; at-rolti 014:` �v . • " ' [+ ' • 47 `S Et. AL� ' s Old Dominion Insurance Company y: OLyn E. Landry, Au orized Representative p '• ' P ' r State of New Hampshire, County o re ; V* , Y ' On this 26th day of September a orc the s o ber a Notary Public of the State of Hamp un and f� 1hC, County of Cheshire, duly co ed and qua ed, came Lyn E. Landry of the Old Dominion Insurance Company, to me personally known t� representative described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is a representative of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as representative were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that ArticlXR""'"11r,,, of the By-Laws of said Company is now in force . 00%,P� M, F pR 'l•., Z) fee •r �f' IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Keene, New Hampshi 'A 0 O TA R r '•1 g 26th day of September 2003 . ,�+ s r Tari Gsv . -, it a is P ` 1 L : My Commission Expires: 3-19-28 u B I, William C. McKenna; Corporate Secretary of Old Dominion Insurance Company, do hereby certify that the aboky 66191 . 0 q4 , 40 - foregoing is a true "correct topyof a Power of Attorney executed by said Company which is still in force and e}� 04. 40of IN WITNESS NkHER F, I �ve betetmte set my hand and affixed the seal of said Company this 7th day of Corporate Secretary 69-6316.009 brilfppc' ' ' r' WARNING - salny-uqIusri�pd'feproduction or alteration of this document is prohibited. This power is void unless seals are readable And the certiflC�ttt1n1513J1 `st the bottom is embossed . The diagonal imprint, warning and confirmation must be in red ink. CONFIRMATION Of validity of attached bond , call ODIC at: Jacksonville (904) 739-0873. A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK i A ® Main Street America Group National Grange Mutual Insurance Company Bond Number Old Dominion Insurance Company S - 242035 Main Sneer America Assurance Company Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR ( Name and Address) : Surety (Name and Principal Place of Business) HVAC MECHANICAL INC , Old Dominion Insurance Company 5425 24th Street Suite ?08 Baywood Center 111/4th Floor, 9428 Baymeadows Rd Margate , FL 33063 Jacksonville, FL 32256 OWNER (Name and Address): INDIAN RIVER COUNTY Purchasing Department 2625 19th Avenue Vero Beach , FL 32960 CONSTRUCTION CONTRACT Date: October 7 , 2003 Amount: $60 , 116 . 00 Description (Name and Location ) : Indian River County Bid #6015 Douglas Cafeteria HVAC 00prades BOND Date (Not earliehhan Construction Contract Date) : October 7 , 2003 ••F.o, ; Amount: , . . $•6`� pJ16 . 00 Modifjcdhi nseWtflj}'B'ond: x None ' � ❑ See Page 6 . �' ' � '•�� '�• N C6�ss . to •, ., ._rr os ; fes` nvy p ' . (2Q'rjlTfty40T P9�INIR1L' SURETY ` • ' O < 4 -v :� Of Ir (Corporate Sea [) Company: %,jo orate' ea HVAC $J�FG1t�vrC� ,?*VIP Old Dominion Insu ce Co any t.. .• .• Signature.-• (J-iut�, Signature Name and Vitle;' If"�' —T Name an e: Dougl T . Brown ;.a ; Attorney-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER : OWNER 'S REPRESENTATIVE (Architect, Engineer or KEOUGH KIRBY ASSOCIATES , INC . other party): Plaza Center 68 Cumberland Street Woonsocket , RI 02895 401- 769 - 8100 Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company. The language in this document conforms exactly to the language used in AIA Document A312 , December 1984 edition , third printing, March , 1987. 68-5301 (7/'96) Page 4 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE J • K . BARTON , CLERK f I The Contractor and the Surety, jointly and severally, sent a co bind themselves, their heirs, executors , administrators, PY, claim notice thereof, d the Owner, stating successors and assigns to the Owner to pay for labor, ng that a claim is being made under this per- Bond and enclosing o copy of the previous writ- materials and equipment furnished for use in the e ten notice furnished to the Contractor. formance of the Construction Contract, which is incorpo- rated herein by reference. 5 If a notice required by Paragraph 4 is given by the obligation shall be null Owner to the Contractor or to the Surety, that is suffi- 2 With respect to the Owner, this obli g cient compliance . and void if the Contractor: 6 When has 2. 1 Promptly makes payment, directly or indirectly, Pa agaphh4 , tlaimant shall Surety he Sure y satisfiedro the conditions of for all sums due Claimants, and promptly and at the Surety's expense take the following actions: 2.2 Defends , indemnifies and holds harmless the 6.1 Send an answer to the Claimant, with a copy to Owner from claims, demands , liens or suits by any the Owner, within 45 days after receipt of the claim, person or entity whose claim , demand , lien or suit is stating the amounts that are undisputed and the ba- for the payment for labor, materials or equipment sis for challenging any amounts that are disputed. furnished for use in the perforrr,ance of the Con- struction Contact, provided the Owner has promptly 6.2 Pay or arrange for payment of any undisputed notified the Contractor and the Surety (at the ad- amounts. dress described ir. Paragraph 12) of any claims , 7 The Surety's total obligation shall not exceed the demands , liens or suits and tendered defense of amount of this Bond , and the amount of this Bond shall such claims, demands , liens or suits to the Contrac- be credited for an for and the Surety , and provided there is no Owner Y Payments made in good faith by the Default. Surety. 8 Amounts owed by e under 3 With respect to Claimants, this obligation shall be null he Construction C ntr ctOshall rbe used or theto thetor perform- and void if the Contractor promptly makes payment, di- ance of the Construction Contract and to satisfy claims, rectly or indirectly , for all sums due . if any, under any Construction Performance Bond. By 4 The Surety shall have no obligation to Claimants under he Contactor furnishing and the Owner accepting this this Bond until : Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contact are 4.1 Claimants who are employed by or have a direct dedicated to satisfy obligations of the Contactor and the contact with the Contractor have given notice to the Surety under this Bond, subject to the Owner's priority to Surety (at the address described in Paragraph 12) use the funds for the completion of the work. and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond 9 The Surety shall not be liable to the Owner, Claimants and , with substantial accuracy , the amount of the or others for obligations of the Contractor that are unre- claim . lated to the Construction Contract. The Owner shall not be liable of anyor expses of any 4.2 Claimants who do not have a direct contract with Claimant forunderh sntBond , andsshall have under this the Contractor: Bond no obligations to make payments to, give notices . 1 Have furnished written notice to the Contrac- on behalf of, or otherwise have obligations to Claimants for and sent a copy, or notice thereof, to the under this Bond. Owner, within 90 days after having last per- 10 The Surety hereby waives notice of any change, in- formed labor or last furnished materials or cluding changes of time, to the Construction Contract or equipment included in the claim stating , with to related subcontracts , purchase orders and other obli- substantial accuracy, the amrunt of the claim gations. and the name of the party to whom the materials were furnished or supplied or for whom the labor 11 No suit or action shall be commenced by a Claimant was done or performed , and under this Bond other than in a court of competent juris- diction in the location in which the work or part of the .2 Have either received a rejection in whole or in work is located or after the expiration of one year from part from the Contractor, or nol received within the date ( 1 ) on which the Claimant gave the notice re- 30 days of furnishing the above notice any quired by Subparagraph 4 . 1 or Clause 4 . 2. 3, or (2) communication from the Contractor by which the Contractor has indicated the claim will be paid on which the last labor or service was performed by directly or indirectly ; and anyone or the last materials or equipment were fur- nished by anyone under the Construction Contract, .3 not having been paid within the above 30 whichever of ( 1 ) or (2) first occurs . If the provisions of days , have sent a written notice to the Surety (at this Paragraph are void or prohibited by law, the mini- the address described in Paragraph 12) and Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company. The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition , third printing , March, 1987. 68-5301 (7/96) Page 5 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK mum period of limitation available to sureties as a de- of the Contractor to furnish labor, materials or fense in the jurisdiction of the suit shall be applicable . equipment for use in the performance of the Con- 12 Notice to the Surety , the Owner or the Contractor tract. The intent of this Bond shall be to include shall be mailed or delivered to the address shown on the without limitation in the terms "labor, materials or signature page. Actual receipt of notice by Surety, the equipment" that part of water, gas , power, light, Owner or the Contractor, however accomplished , shall heat, oil, gasoline, telephone service or rental be sufficient compliance as of the date received at the equipment used in the Construction Contract, archi- address shown on the signature page. tectural and engineering services required for per- formance of the work of the Contractor and the Con- 13 When this Bond has been furnished to comply with a tractor's subcontractors, and all other items for which statutory or other legal requirement in the location where a mechanic's lien may be asserted in the jurisdiction the construction was to be performed , any provision in where the labor, materials or equipment were fur- this Bond conflicting with said statutory or legal require- nished . ment shall be deemed deleted herefrom and provisions 15.2 Construction Contract: The agreement between conforming to such statutory or other legal requirement the Owner and the Contractor identified on the sig- shall be deemed incorporated herein . The intent is that nature page, including all Contract Documents and this Bond shall be construed as a statutory bond and not changes thereto. as a common law bond . 14 Upon request by any person or entity appearing to be 15.3 Owner Default: Failure of the Owner, which has a potential beneficiary of this Bond , the Contractor shall neither been remedied nor waived , to pay the con- promptly furnish a copy of this Bond or shall permit a tractor as required by the Construction Contract or to copy to be made . perform and complete or comply with the other terms thereof. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : (Space is provided below for additional signatures of added parties, other than those appearing on the cover page. ) CONTRACTOR AS PRINCIPAL SURETY Company: ( Corporate Seal) Company: ( Corporate Seal) Signature: Signature: Name and Title : Name and Title : Address: Address: Printed in cooperation with the American Institute of Architects (AIA) by the Old Dominion Insurance Company. The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition , third printing, March, 1987. 68-5301 (7/96) Page 6 of 6 A TRUE Copy CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK r r OLD DOMINION INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Old Dominion Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article XII of the By-Laws of said Company, to wit: Article XII. The chief executive officer or president or a vice-president may execute fidelity and surety bonds and other bonds, contracts of indemnity, recognizances, stipulation, undertakings, receipt, releases, deed releases of mortgages, contracts, agreements, policies, notices of appearance, waivers of citation and consents to modifications of contracts as may be required in the ordinary course of business or by vote of the directors, and such execution may be attested where necessary or desirable and the seal of the company where necessary or des -cable may be affixed to the specific instrument by a secretary or an assistant secretary. The chief executive officer or president ;nay with the concurrence of the secretary appoint and authorize an attomey-in-fact or any other person to execute on behalf of the company any of said instruments and undertakings and to affix the seal of the company thereto where necessary or desirable. " "RESOLVED, that the signatures and attestations f such officers and the seal of the Company may be affixed to any such Power of Attorney by facsimile, and any such Power of mey bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affi. respect to any bond, or other contract of indemnity or writing obligatory in the nature thereof, �O Pursuant to said by-law: Douglas T Brown 0 O is hereby appointed and authorized as a true and lawful attomey-in-fact to make, 7 tee 1 and deliver for and on behalf as its act and deed bonds, undertakings, recognizances, contracts of indemni� ther wogs obligatory in the nature of a bond-subject to the following limitation: p No one bond to excee llllon (55,0009000.00) and to bond Old Dominion Insurance Company thereby as fully an same if such instruments were signed by the duly authorized officers of Old Dominion Insurance C40 die th said attorney-in-fact are hereby satisfied and confirmed. IN WITNESS WHEREOF, Old Dominion Insurance Com taus se presents to be signed by its authorized•rapresew4tive and its corporate seal to be hereto affixed this 26th day of r S APPOINTMENT SHALL CEASEoI/MM(A TE AUTOMATICALLYAS OF DECEMBER 31ST, V ess yoked as provided. ' a . Old Dominion Insurance Company PPY; O� Lyn E. Landry, Au orized Representative P r State of New Hampshire, County o ire i On this 26th day of September ore the ss her a Notary Public of the State of Hamp to and f 'the•• County of Cheshire, duly co ed and qua ed, came Lyn E. Landry of the Old Dominion Insurance Company, to me personally known t representative described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is a representative of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as representative were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article Xflff' "'00#1gr,, of the By-Laws of said Company is now in force. I& Pp e'•, IN WITNESS WHEREOF, I have hereunto, set my hand and affixed by official seal at Keene, New Hampshir -thusos' 0 TA R r '•t 26th day of September 2003 . ,.,E eP % L ;' My Commission Expires: 3-19-2 . U S L 1, William C. MclCgtii Eotporate Secretary of Old Dominion Insurance Company, dohereby certify that the abo ` foregoing is;a tFuC. Sud C6rrcCtcopy of a Power of Attorney executed by said Company which is still in force and e y pAh1 IPI , IN Wili4&SS 1 - �jC!l", 'ihavpp hereun*o set my hand and affixed the seal of said Company thin 7th" day of l�tiber ro l C2p©3 . r . t Corporate Secretary 68-6316:E)iT brittp�i. . %, ' WARN I�Y � NCN %rized reproduct' or or alteration of this document is prohibited. This power is void unless seals are readable And the t ertificaflon seal at the bottom is embossed. The diagonal imprint, warning and confirmation must be in red ink. CONFIRMATION Of validity of attached )ond, call ODIC at: Jacksonville (904) 739-0873. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS 18 A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. rA"u1V .K. 6ARTON, q4RI unr J r+'fFr4•^y�CO BY .. ' � DEPUTY CLERK . . . . naTF , 10 / 09 / 2003 M CERTIFICATE OF LIABILITY INSURANCE DATE A PRODUCER ( 954 ) 966 - 9993 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Gulfstream Insurance Agency , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5833 Johnson Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Holly Clod FL 33021 - INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: ZURICH HVAC Mechanical Inc . INSURERB: First Commercial Ins Co CEIB 5425 NW 24th Street INSURER C: Suite 208 INSURER D: Mar ate FL 33063 - 1INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADD'L EFFECTIVEPOLICY POLICY ON LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYDATE MM/DD/Y LIMITS A X GENERAL LIABILITY / / / / EACH OCCURRENCE $ 11 000 , 000 DAMAGE TO RENTED 300 , 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE FX OCCUR SCP042323676 06 / 19 / 2003 06 / 19 / 2004 MED EXP (Anyoneperson) $ 10 , 000 PERSONAL & ADV INJURY $ 11 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 21000 , 000 POLICY JECOT LOC A AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 110001000 ALL OWNED AUTOS SCP042323676 06 / 19 / 2003 06 / 19 / 2004 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS / / / / BODILY INJURY (Per accident) $ X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE / / / / $ RETENTION $ $ B WORKERS COMPENSATION AND 17733 - 0 07 / 31 / 2003 07 / 31 / 2004 1 WSTAT IMU- OTH- TOCRYLITS I ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500 , 000 OFFICER/MEMBER EXCLUDED? / / / / E.L. DISEASE - EA EMPLOYEE $ 500 , 000 If yes, describe under SPECIAL PROVISIONS below E .L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Additional Insured : Indian River County Project : Indian River County Bid # 6015 , Douglas Cafeteria CERTIFICATE HOLDER CANCELLATION ( 772 ) 567 - 8000 ( 772 ) 770 - 5140 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Indian River County FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Purchasing Dept . INSURERI ITS AGENTS OR REP ES. 2625 19th Avenue AUTHO EDREPRESENTAT E Vero Beach FL 32960 - 3335 ACORD 25 (2001 /08) k,.qI(LdJZg9CORPORATION 1988 OT,;. INS025 (oloa).05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2 01 INDIAN RIVER COUNTY PURCHASING DIVISION + 262519 AVENUE , VERO BEACH , FL 32960 -3335 PHONE (772 ) 567 -8000 FAx ( 772 ) 770 - 5140 ADDENDUM NO, 2 DATE . SEPTEMBER 11 , 2003 PROJECT NAME : HVAC SYSTEMS AT DOUGLAS CAFETERIA BUILDING , BID NUMBER : 6015 THE BID OPENING DATE HAS BEEN EXTENDED FROM SEPTEMBER 17 , 2003 AT 2 : 00 PM To SEPTEMBER 24 , 2003 AT 2 : 00 PM . * * * * * * * * * * THIS ADDENDUM MUST BE RETURNED WITH YOUR BID * * * * * * * * * * * * * * ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION OFFICE LOCATED AT 2625 19TH AVENUE , VERO BEACH , FL 32960 - 3335 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED , COMPANY NAME HVAC MECHANICAL , INC . NAME : FRANK O MONTI JR TITLE : PRESIDENT (TYPE / PRINTED) AUTHORIZED SIGNATURE : f DATE : 9 / 23 / 03 TELEPHONE : 954 - 978 - 3303 FAX : 954 - 978 - 3310 Page 1 of 56 giVER Indian River County Q� Purchasing Division A �, 262519 Avenue Vero Beach, FL 32960 = 3335 A LOR1� Phone (772 ) 567 = 8000 Fax (772) 770 = 5140 • nvi'Otation to i• Project Name : Indian River County Douglas Cafeteria HVAC Design Bid # : 6015 Bid Bond Required : Yes Performance Bond Required : Yes Payment Bond Required : Yes Pre Bid Meeting : September 9 , 2003 @ 10 : 00 am Douglas Center Cafeteria Building Refer Technical Questions to : David Da Silva , 321 = 636 = 0274 phone 321 = 639 = 8986 fax Bid Opening Date : September 17 , 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 55 � t TABLE OF CONTENTS ADVERTISEMENTFOR BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 INSTRUCTIONSTO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 GENERALCONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SPECIALPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SUBMITTALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 DELIVERY, STORAGE AND HANDLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 TECHNICALSPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 BIDFORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 BIDBOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 AFFIDAVITOF COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 WARRANTYINFORMATION FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 SWORN STATEMENT UNDER SECTION 287 . I33 (3 ) (n) , FLORIDA STATUTES ON PUBLIC ENTITYCRIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . 37 SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 BIDDERQUESTIONNAIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PAYMENTBOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 48 AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Page 2 of 55 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 , FI. 32922 ; (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 55 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 55 s 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 55 I 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 55 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 55 J 1 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 55 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 Is 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 55 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 55 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 . A11 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 55 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 25 `h Street , Vero Beach , Florida 32960 . Page 13 of 55 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 55 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 addition of two air conditioning units with required electrical alterations for the purpose of providing air conditioning to the existing Douglas Cafeteria . 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 55 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 55 0 R 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 55 SUBMITTALS PART L GENERAL 1 . 01 DESCRIPTION OF REQUIREMENTS A . This Section specifies the general methods and requirements of submissions applicable to the following work-related submittals : Shop Drawings , Product Data, Samples , Construction Photographs , and Construction or Submittal Schedules . Additional general submission requirements are contained in the General Conditions . Detailed submittal requirements will be specified in the technical specifications sections . B . All submittals shall be clearly identified by reference to Specification Section , Paragraph , Drawing No . or Detail as applicable . Submittals shall be clear and legible and of sufficient size for sufficient presentation of data. 1 . 02 SHOP DRAWINGS , PRODUCT DATA , SAMPLES A . Shop Drawings 1 . Shop drawings , as defined in the General Conditions , and as specified in individual work Sections include , but are not necessarily limited to , custom-prepared data such as fabrication and erection/installation (working) drawings , scheduled information , setting diagrams , actual shop work manufacturing instructions , custom templates , special wiring diagrams , coordination drawings , individual system or equipment inspection and test reports including performance curves and certifications , as applicable to the Work . 2 . All shop drawings submitted by subcontractors for approval shall be sent directly to the CONTRACTOR for checking . The CONTRACTOR shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials . 3 . The CONTRACTOR shall check all subcontractors ' shop drawings regarding measurements , size of members , materials , and details to satisfy himself that they conform to the intent of the Drawings and Specifications . Shop drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors for correction before submission thereof. 4 . All details on shop drawings submitted for approval shall show clearly the relation of the various parts to the main members and lines of the structure , and where correct fabrication of the work depends upon field measurements , such measurements shall be made and noted on the drawings before being submitted for approval . Page 18 of 55 Be Product Data 1 . Product data as specified in individual Sections , include , but are not necessarily limited to , standard prepared data for manufactured products (sometimes referred to as catalog data) , such as the manufacturer's product specification and installation instructions , availability of colors and patterns , manufacturer's printed statements of compliances and applicability, roughing-in diagrams and templates , catalog cuts , product photographs , standard wiring diagrams , printed performance curves and operational -range diagrams , production or quality control inspection and test reports and certifications , mill reports , product operating and maintenance instructions and recommended spare-parts listing and printed product warranties , as applicable to the Work. 1 . 03 CONTRACTOR'S RESPONSIBILITIES A . The CONTRACTOR shall review shop drawings , product data and samples, including those by subcontractors , prior to submission to determine and verify the following : 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data 4 . Conformance with the Specifications Be Each shop drawing , sample and product data submitted by the CONTRACTOR shall have affixed to it the following Certification Statement including the CONTRACTOR's Company name and signed by the CONTRACTOR : " Certification Statement : by this submittal , I hereby represent that I have determined and verified all field measurements , field construction criteria, materials , dimensions , catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements . " Shop drawings and product data sheets 11 -in x 17 -in and smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet . The cover sheet shall fully describe the packaged data and include a listing of all items within the package . Provide to the Resident Project Representative a copy of each submittal transmittal sheet for shop drawings , product data and samples at the time of submittal of said drawings , product data and samples to the ENGINEER . Page 19 of 55 C . The CONTRACTOR shall utilize a 10-character submittal identification numbering system in the following manner: 1 . The first character shall be a D , S , P , M, or R , which represents Shop/Working Drawing and other Product Data (D ) , Sample (S ) , Preliminary Submittal (P) , Operating/Maintenance Manual (M) , or Request for Information (R) . 2 . The next five digits shall be the applicable Specification Section Number. 3 . The next three digits shall be the numbers 001 -999 to sequentially number each initial separate item or drawing submitted under each specific Section number. 4 . The last character shall be a letter, A-Z, indicating the submission , or resubmission of the same Drawing, i . e . , " A= 1st submission , B =2nd submission , C=3rd submission , etc . A typical submittal number would be as follows : D-03300-008 -B D = Shop Drawing . 03300 = Specification Section for Concrete . 008 = The eighth initial submittal under this specification section . B = The second submission (first resubmission ) of that particular shop drawing . D . Notify the ENGINEER in writing , at the time of submittal , of any deviations in the submittals from the requirements of the Contract Documents . E . The review and approval of shop drawings , samples or product data by the ENGINEER shall not relieve the CONTRACTOR from his/her responsibility with regard to the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the CONTRACTOR and the ENGINEER will have no responsibility therefore . F. No portion of the work requiring a shop drawing , sample , or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item . Fabrication performed , materials purchased or on - site construction accomplished which does not conform to approved shop drawings and data shall be at the CONTRACTOR 's risk . The OWNER will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity . G . Project work, materials , fabrication , and installation shall conform to approved shop drawings , applicable samples , and product data. Page 20 of 55 1 . 04 SUBMISSION REQUIREMENTS A . Make submittals promptly in accordance with approved schedule , and in such sequence as to cause no delay in the Work or in the work of any other contractor. Be Each submittal , appropriately coded, will be returned within 15 working days following receipt of submittal by the ENGINEER . C . Number of submittals required : 1 . Shop Drawings as defined in Paragraph 1 . 02 A : Six (6) copies . 2 . Product Data as defined in Paragraph 1 . 02 B : Six (6 ) copies . D . Submittals shall contain : 1 . The date of submission and the dates of any previous submissions . 2 . The Project title and number. 3 . CONTRACTOR identification . 4 . The names of: a . CONTRACTOR b . Supplier C , MANUFACTURER 5 . Identification of the product, with the specification section number, page and paragraph (s) . 6 . Field dimensions , clearly identified as such . 7 . Relation to adjacent or critical features of the Work or materials . 8 . Applicable standards , such as ASTM or Federal Specification numbers . 9 . Identification of deviations from Contract Documents . 10 . Identification of revisions on resubmittals . 11 . An 8 -in x 3 -in blank space for CONTRACTOR and ENGINEER stamps . 1 . 05 REVIEW OF SHOP DRAWINGS , PRODUCT DATA , WORKING DRAWINGS AND SAMPLES A . The review of shop drawings , data, and samples will be for general conformance with the design concept and Contract Documents . They shall not be construed : 1 , as permitting any departure from the Contract requirements ; 2 , as relieving the CONTRACTOR of responsibility for any errors , including details , dimensions , and materials ; 3 , as approving departures from details furnished by the ENGINEER , except as otherwise provided herein . Be The CONTRACTOR remains responsible for details and accuracy , for coordinating the work with all other associated work and trades , for selecting fabrication processes , for techniques of assembly, and for performing work in a safe manner. Page 21 of 55 C . If the shop drawings , data or samples as submitted describe variations and show a departure from the Contract requirements which ENGINEER finds to be in the interest of the OWNER and to be so minor as not to involve a change in Contract Price or time for performance , the ENGINEER may return the reviewed drawings without noting an exception . D . Submittals will be returned to the CONTRACTOR under one of the following codes . Code 1 - " APPROVED " is assigned when there are no notations or comments on the submittal . When returned under this code the CONTRACTOR may release the equipment and/or material for manufacture . Code 2 - " APPROVED AS NOTED " is assigned when notations or comments have been made on the submittal pointing out minor discrepancies as compared with the Contract Documents . Resubmittal or confirmation is not necessary prior to release for manufacturing . Code 3 - " APPROVED AS NOTED/CONFIRM " . This combination of codes is assigned when a confirmation of the notations and comments is required by the CONTRACTOR . The CONTRACTOR may release the equipment or material for manufacture ; however, all notations and comments must be incorporated into the final product . This confirmation is to address the omissions and/or nonconforming items that were noted. Only the items to be " confirmed" need to be resubmitted . Code 4 - " APPROVED AS NOTED/RESUBMIT " . This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package . The Contractor may release the equipment or material for manufacture ; however, all notations and comments must be incorporated into the final product . This resubmittal is to address all comments , omissions and non-conforming items that were noted. Resubmittal is to be received by the ENGINEER within 20 calendar days of the date of the ENGINEER 's transmittal requiring the resubmittal . Code 5 - " NOT APPROVED " is assigned when the submittal does not meet the intent of the Contract Documents . The CONTRACTOR must resubmit the entire package revised to bring the submittal into conformance . It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents . E. Resubmittals will be handled in the same manner as first submittals . On resubmittals the CONTRACTOR shall direct specific attention , in writing on the letter of transmittal and on resubmitted shop drawings by use of revision triangles or other similar methods , to revisions other than the corrections requested by the ENGINEER , on previous submissions . Any such revisions that are not clearly identified shall be made at the risk of the CONTRACTOR . The CONTRACTOR shall make corrections Page 22 of 55 to any work done because of this type revision that is not in accordance to the Contract Documents as may be required by the ENGINEER . F. Partial submittals may not be reviewed . The ENGINEER will be the only judge as to the completeness of a submittal . Submittals not complete will be returned to the CONTRACTOR , and will be considered " Not Approved" until resubmitted . The ENGINEER may at his/her option provide a list or mark the submittal directing the CONTRACTOR to the areas that are incomplete . G . Repetitive Review 1 . Shop drawings and other submittals will be reviewed no more than twice at the OWNER's expense . All subsequent reviews will be performed at times convenient to the ENGINEER and at the CONTRACTOR 's expense , based on the ENGINEER 's then prevailing rates . The CONTRACTOR shall reimburse the OWNER for all such fees invoiced to the OWNER by the ENGINEER . Submittals are required until approved . 2 . Any need for more than one resubmission , or any other delay in obtaining ENGINEER 's review of submittals , will not entitle CONTRACTOR to extension of the Contract Time . H . If the CONTRACTOR considers any correction indicated on the shop drawings to constitute a change to the Contract Documents , the CONTRACTOR shall give written notice thereof to the ENGINEER at least seven working days prior to release for manufacture . I . When the shop drawings have been completed to the satisfaction of the ENGINEER , the CONTRACTOR shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the ENGINEER . 1 . 06 DISTRIBUTION A . Distribute reproductions of approved shop drawings and copies of approved product data and samples , where required , to the job site file and elsewhere as directed by the ENGINEER . Number of copies shall be as required by the ENGINEER but shall not exceed 6 . Page 23 of 55 1 . 07 CONSTRUCTION PHOTOGRAPHS A . The CONTRACTOR shall have met the provisions of Division 1 . B . The film negatives shall be retained in the files of the CONTRACTOR until the completion of the project and shall then be turned over to the OWNER . 1 . 08 SCHEDULES A The CONTRACTOR shall meet the provisions of the Contract . 1 . 9 GENERAL PROCEDURES FOR SUBMITTALS A . Coordination of Submittal Times : Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities , or within the time specified in the individual work sections , of the Specifications , so that the installation will not be delayed by processing times including disapproval and resubmittal (if required) , coordination with other submittals , testing, purchasing , fabrication , delivery and similar sequenced activities . No extension of time will be authorized because of the CONTRACTOR's failure to transmit submittals sufficiently in advance of the Work . Page 24 of 55 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 25 of 55 t 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. L 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 26 of 55 TECHNICAL SPECIFICATIONS Furnish and install all mechanical and electrical equipment and materials for the installation of air conditioning to Douglas Cafeteria as specified on sheets M- 1 and E- 1 on Indian River County , Douglas Cafeteria HVAC Design documents dated September 5 , 2003 with any additional addendums . Page 27 of 55 BID FORM Bidder HVAC MECHANICAL , INC . (Bidder ' s Name) hereafter called " CONTRACTOR" , hereby submits TO : INDIAN RIVER County Purchasing Department 2625 19th Avenue Vero Beach, Florida 32960 Atm : Fran Powell , Purchasing Manager Project : Indian River County Bid # 6015 Project Name Douglas Cafeteria HVAC Design 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: FIFTEY - EIGHT THOUSAND NINE HUNDRED THIRTEY - SIX ($ 58 , 936 . 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 ($ 1 , 180 . 00 Addenda : The following Addenda have been received and are included in the Base Bid : Addendum No . 1 Yes X Date 9 / 11 / 03 Addendum No . 2 Yes X Date 9/111-/73 Addendum No . 3 Yes _ Date Addendum No . 4 Yes — Date Page 29 of 56 Time of Completion : The Work shall commence immediately upon execution of the Contract and shall be substainally complete on or before 60 consecutive 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, HVAC MECHANICAL , INC . 5425 NW 24th STREET , # 208 Name of Firm Address MARGATE , FL 33063 Authorized Signature City, State, Zip Code PRESIDENT ( 954 1978 - 3303 Title Phone 9 / 23 / 03 Date Signed (Corporate Seal) E - mail : fmonti@hvacmechanicalinc . com Occupational License : CACA 15 5 5 8 FEIN Number : 03 - 0489407 Page 30 of 56 { • AFFIDAVIT OF COMPLIANI, L Indian River County Bid #6015 for Douglas Cafeteria HVAC Design ❑x We DO NOT take exception to the Bid / Specifications . ❑ We TAKE exception to the Bid / Specifications as follows : Company Name : HVAC MECHANICAL INC * Company Address : 5425 NW 24th Street , Suite 208 MARGATE , FL 33063 Telephone Number : 954 - 978 - 3303 Fax : 954 - 978 - 3310 E -mail : fmontl@hvacmechanicalinc . com Authorized Signature : Ej. / j , o Atg Date : 9 / 23 / 03 Name : FRANK 0 MONTI JR . Title : PRESIDENT (Typed / Printed) Page 36 of 56 WARRANTY INFORMATION FORM Indian River County Bid # 6015 for Douglas Cafeteria HVAC Design Make and Model of Proposed Equipment : LENNOX AS SPECIFIED Is there a warranty on the proposed equipment? Yes ❑x No ❑ Does the warranty apply to all components or only part? (Please specify) WARRANTY APPLIES TO ALL PARTS Warranty period for parts : ONE YEAR PARTS _ FIVE YEARS COMPRESSOR Warranty period for service : ONE YEAR Nearest source to Indian River County for parts and service : LENNOX INDUSTRIES 3001 MERCY DRIVE , ORLANDO , FL 32808 Who will provide service and where in the event of failure within warranty period ? Company Name : HVAC MECHANICAL , INC . Phone : 954 - 978 - 3303 Address : 5425 NW 24th STREET , SUITE 208 MARGATE , FL 33063 Contact person : MS . BRIDGIT PATAK Will any voluntary service follow installation or delivery? Yes ® No ❑ If so , by whom ? HVAC MECHANICAL , INC . When? ON START - UP Who is the highest authority (manufacturer, distributor, dealer, etc . . . ) fully behind this warranty? MANUFACTURER A copy of the complete warranty statement is submitted herewith : Yes ❑ No ❑X * * CAN BE PROVIDED UPON REQUEST * * Page 37 of 56 SWORN STATEMENT UNDER SECTION 287 .I33 (3) (1N) , 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 . 6 015 2 . This sworn statement is submitted by HVAC MECHANICAL , INC . whose business address IS -9429 NW 24th Sto # 208 , Margate , F1 33063 and (if applicable) its Federal Identification No . (FEIN) is 03 - 0489407 If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement : 3 . M name is FRANK 0 MONTI JR Y and my relationship to the entity named above is PRESIDENT 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, nonJury 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 38 of 56 � r 7 . I understand that a `'person" as defined in Paragraph 287 . I33 k1 )(c) , 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) XX 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 : i Date : 9 / 23 / 03 STATE OF FLORIDA COUNTY OF BROWARD Personally appeared before me, the undersigned authority, FRANK 0 MONTI , JR r who after first being sworn by me, affixed his / her signature in the space provided above on this . 23 dayof SEPTEMBER 32003 * Notary Public , Sta a at large j : „ ��, ;�,. PATAK My Commission Expires : °Q '` ' 91 Page 39 of 56 a t SWORN STATEMEimT UNDER SECTION 105 . 08 , IN1► IAN 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 . 6015 for DOUGLAS CAFETERIA BLDG . 2 . This sworn statement is submitted by: HVAC MECHANICAL , INC . (Name of entity submitting Statement) whose business address is : 5425 NW 24th STREET , SUITE 208 , MARGATE , FL 33063 and (if applicable) its Federal Employer Identification Number (FEIN) is 03 - 0489407 ( If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) 3 . My name is FRANK 0 MONTI , JR . (Please print name of individual signing) and my relationship to the entity named above is PRESIDENT 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 40 of 56 6 . Based on information and belief, the statement, which I have narked below , is true in relation to the entity submitting this sworn statement . [Please indicate which statement applies . ] XX 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) 9 / 23 / 03 (Date) STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 2 3 day of SEPT * 20 0 3 , by FRANK 0 MONTI JR , who is personally known to me or who has produced as identification . NOTARY,/ PUBLIC11 a DATA SIGN : ���1_G,. � 1�� Z �t lC r J1 # DD 019012 rx _ rpril 19. 2005 BRIDGIT A PATAK 9�-nd �9. � PRINT : State of Florida at Large My Commission Expires : (Seal) Page 41 of 56 t , i BIDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained : Ref: Indian River County Bid # 6015 for DOUGLAS CAFETERIA BLDG . 1 . How many years has your organization been in the business ? 20 2 . Number of employees " ON THE JOB " each week? 21 3 . Willou subcontract an art of this work? If so YES — ELECTRIC , Y Y P , give details : FENCING , ACOUSTICAL CEILING , & INSULATION 4 . List three ( 3 ) references of individuals or corporations for which you have performed this type work and to which your refer : 1 ) Firm MILLER & SOLOMON GENERAL CONTRACTORSphone # (305 ) 599 -2300 Contact STEVEN ROTH 2 ) Firm SARA rnmgTRTTrTTnm Phone # (3.9.5j 3 8 3 -8386 Contact HADDEM BAMIEH 3 ) Firm HNGS ENGINEERS Phone # 305 270 -9935 Contact HENRY SUAREZ 4) Firm Phone # (_) - Contact 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? MATERIAL LIFTS & ALL REQUIRED HAND TOOLS 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 : HVAC MECHANICAL , INC . Address : 5425 NW 24th STREET , SUITE 208 MARGATE , FL 33063 Page 42 of 56 r t Indian River County Department of General Services Purchasing Division Interoffice Memorandum Date : September 25 , 2003 To : Victoria Potter, Accounts Receivable Finance Department From : Chad Ehrlich, Staff Assistant Purchasing Division Subject : Cashier ' s check in lieu of a Bid Bond Staff is in receipt of a Cashier' s check in lieu of a Bid Bond for the following project : Indian River County Bid # 6015 Douglas Cafeteria HVAC Upgrades Amount of Cashier' s Check : $ 3000 . 00 Bidder : HVAC Mechanical , Inc . Please deposit this check in the appropriate account . Thanking you in advance for your assistance . M� pNEY_ RECEIPT l �� - o Received of Dol rs For t COO FORM 4161 FAPurchasing\Bids\2003 -2004 FY (6000)\6015 Douglas Cafeteria HVAC Upgrade\6015 S in lieu of bond memo.doc