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2007-098 Agreement for Country Club Air Conditioning WorkRESOLUTION 2007-98 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO JOHN C. CASSIDY AIR CONDITIONING, INC. FOR THE REPLACEMENT OF ONE FRESH AIR MAKE-UP AIR HANDLER AND THE INSULATION OF CHILLED WATER PIPES AT THE NORTH PALM BEACH COUNTRY CLUB CLUBHOUSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to proceed with the installation of one fresh air make-up air handler and the insulation of chilled water pipes at the North Palm Beach Country Club clubhouse; and WHEREAS, Village Administration has completed a fair mazket value evaluation and recommends that the wntract be awarded to John C. Cassidy Air Conditioning, Inc. as an emergency purchase in accordance with the Village's Purchasing Policy; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests ofthe Village. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section2. The Village Council hereby approves the contract with John C. Cassidy Air Conditioning, Inc. for the installation of one fresh air make-up air handler and insulation of chilled water pipes at the North Palm Beach Country Club clubhouse, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the contract on behalf of the Village. Section 3. The amount of this contract shall not exceed $43,341.80, with funding from Account #L8059-33491 (Contractual Services). Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 25th DAY OF OCTOBER, 2007. ~, ;,• (Village Seal) ~'~/ ~~~ ' ~ ~ MA OR • A'CTESTn VILLAGE CLE C CONTRACT FOR INSTALLATION OF AIR HANDLER AND INSULATION OF CHILLED WATER PIPES THIS CONTRACT is made as of this ~~ day of ® ~/i~, 2007, by and between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation (hereinafter referred to as "VILLAGE") and JOHN C. CASSIDY AIR CONDITIONING, INC., a Florida corporation (hereinafter referred to as "CONTRACTOR"), whose Federal Employer Identification Number is 59-1279148. In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1-SERVICES The CONTRACTOR's responsibility under this Contract is to supply and install a fresh air make up air handler and insulate chilled water pipes at the North Palm Beach Country Club clubhouse in accordance with the Scope of Work attached hereto as Exhibit "A" and incorporated herein by reference. The Village's representative for this Contract is Wiley Livingston, Director of Public Works. ARTICLE 2-SCHEDULE The CONTRACTOR shall commence its services upon issuance of a Notice to Proceed by the Village and shall coordinate its work schedule with the VILLAGE. ARTICLE 3-PAYMENTS TO CONTRACTOR A. Generally -The VILLAGE agrees to compensate the CONTRACTOR in accordance with the proposal submitted by the CONTRACTOR, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. The total and cumulative amount of this Contract shall not exceed $43,341.80 B. Payments -Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE'S representative, indicating that services have been rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. C. Final Invoice - In order for both parties herein to close their books and records, the CONTRACTOR will cleazly state "final invoice" on the CONTRACTOR's final/last billing to the VILLAGE. This certifies that all goods have been provided, all services have been properly performed and all charges have been invoiced to the Village. Since this account will thereupon be closed, any and other further charges if not properly included. in this final invoice are waived by the CONTRACTOR. ARTICLE 4-TERMINATION This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 5-PERSONNEL The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. The CONTRACTOR wan•ants that all services shall be performed by skilled and competent personnel to the highest professional standazds in the field. ARTICLE 6-FEDERAL AND STATE TAX The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for payment of its own employees' payroll, payroll taxes, and benefits with respect to this contract. ARTICLE 7-INSURANCE A. The CONTRACTOR shall maintain, during the life of this Contract, commercial liability insurance, including contractual liability, and comprehensive automobile liability insurance in the amount of $500,000 to protect CONTRACTOR from claims for bodily and personal injury, including wrongful death, and property damage which may arise from any operations under this Contract, whether such operations be by the CONTRACTOR or anyone directly employed by or contracting with the CONTRACTOR. B. The CONTRACTOR shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. C. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an "Additional Insured". ARTICLE 8-INDEMNIFICATION The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are alleged to be liable. Nothing contained in this provision shall be construed or interpreted as consent by the VILLAGE to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE 9-REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 10-INDEPENDENT CONTRACTOR RELATIONSHIP The CONTRACTOR is, and shall be, in the performance of all work, services and/or activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work, services and/or activities performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR'S relationship and the relationship of its employees, agents, or servants to the VILLAGE shall be that of an Independent Contractor and not as employees or agents of the VILLAGE. The CONTRACTOR does not have the power or authority to bind the VILLAGE in any promise, agreement or representation other than as specifically provided for in this agreement. ARTICLE 11-NONDISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 12- ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 13- NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Wiley Livingston, Director of Public Works Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, FL 33408 With a copy to: Jimmy Knight, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: John C. Cassidy Air Conditioning, Inc. 846 W. 13`" Court Riviera Beach, FL 33406 Attention: John C. Cassidy Jr ARTICLE 14- ENTIRETY OF CONTRACTUAL AGREEMENT The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there aze no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. No change to the Scope of Work shall be effective unless such change order is presented in writing and approved by the VILLAGE in writing. ARTICLE 15-WARRANTY/GUARANTY CONTRACTOR warrants that its supply of goods and its performance of services under this Contract will be free of defects in materials and workmanship for a period of one year following completion of those services. ARTICLE 16 -PROTECTION OF WORK AND PROPERTY The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and shall protect the VILLAGE'S property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. Until acceptance of the work by the VILLAGE, the VILLAGE'S property shall be under the charge and care of the CONTRACTOR and the CONTRACTOR shall take every necessary precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and the CONTRACTOR shall repair, restore and make good, without additional work occasioned by any of the above causes before its completion and acceptance. AIl8'Il'IIC'II,IE Il9 - Il81E1~IE81E~lElY')c~,i~')<®N'~/]E$)~IIIDI[~T~ AN'Il'lA[®RIl'TSI ~, The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. Al[8'Il'I[C'ILIE Ilffi - ~®N`'Il'li8AC7C -D®C.'UI~IYT~ AI`~I<D C~~I~'I[8®I[,][.IIl`T~ IEn]B®VII~1<®1`V~ This Contract consists of this document, the Scope of Work and the CONTRACTOR'S Proposal. To the extent that there exists a conflict between this Contract and the remaining documents, the terms, conditions, covenants, and/or provisions of this Contract shall prevail. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. .U®ID[1`V C. CA~~>®SI AI[Il8 C®1~-DII'>['I[®I`NI`~~, III`Y~. By: l./ „v Print Name: p ~ Position: i ~~~~~~ /~ ~/~ n^,, WITNESSED BY:(~y'"'~ `~ ""(,~' NK.I() Gib ~'av~al~~n Print Name: ~'I~.iC.A~ ~ IF 1`T®][8'Il'Il3[ ]F°AII. IEACID[ BX; '~.: DR. EDW D M. ~ISSEY .MAYOR BY: . `;'~'VIi,LAC,E LE APPROVED AS TO FORM AND LEGAL SUFFICIENCY /~ BY: ~~ ~" ~ ~ VILLAC7E ATTORNEY ACORD CERTIFICATE OF LIABILITY INSURANCE S DA 9D 0 CA SIDY 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SLATON INSURANCE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 220537 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach FI. 33422 Phone: 561-663-6383 Fax:561-684-5995 INSURERS AFFORDING COVERAGE NAICR INSURED INSURER A: Cldre_ndOn America Ins. Co. INSURER B'. mwrimn scacee/sa£oco xae. co. 09043 John C Cassidy Air Conditioning, Inc. wsuRER C: AZG 03450 P.O. Box 9940 Riviera B ach FL 33404 INSURER D: ADICOMP Preferred Ins. Co. 10006 e INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AROVE FOR THE POLICY PERIOD INDICATED. NOTMATHSTANDING ANV REQUIREMENT, TERM Oft CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE IBSUED 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 BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDOT DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIALGENERAL LIABILITY CA09000001783 02/20/07 02/20/08 PREMISES Ea occulence sExcluded CWMS MADE X~OCCUR MED EXP (Any one person) $Excluded PERSONALSADVINJURV $1, OOOr OOO X Employee Benefit GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, QQQ,QOO POLICY X PEC LOC Em Hen, I, OOO,OOO AU TOMOBILE LIABILITY COMBINEDSINGLELIMIT $1 OOO OOO H X ANY AUTO 02CE15642310 02~20~07 02~2O~OB (Ea acciEenp , r ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NONdWNED AUTOS (PerecciEent) PROPERTY DAMAGE (Per x.;Cent) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN ~' ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S2 OOO, OOO C X OCCUR CLAIMS MADE BEOZO2Q7 02~20~07 O2~ZO~OB AGGREGATE $2r000,OOO $ DEDUCTIBLE $ X RETENTION SIOOOO S WORKERS COMPENSATION AND ' X TORY LIMITS ER D EMPLOYER$ LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE WCV7O7Q4Q5 12/31/06 12~31~07 E.L. EACH ACCIDENT $SQOrOQQ OFFICERIMEMBER E%CLUDED? E.L. DISEASE-EA EMPLOYEE $SOO, OOO It Yes, Eescnbe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT 85QO, OQO OTHER DESCRIPTION OFOPERATIONS I LOCATONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate Holder is listed as an additional insured with respects to general liability only. CERTIFICATE HOLDER CANCELLATION VILLAGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATON GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Village o£ North Palm Beach IMPOSE NO OBLIGATION OR LUIBILITY OF ANY KINp UPON THE INSURER ITS AGENTS OR Wiley LIvingaton 645 Prosperity Farina Road REPRESENTA ES. North Palm Heach FL 33408 /~ 2007/08) ~ "`'" ©ACORD CORPORATION 7988 v v H .. w .. x x w Scope of Work Air Handler Replacement and Pipe Insulation • Contractor to install Trane Air Handler, Model # MCCB-2 in same location where old McQuay Air Handler was removed. • Contractor to make all necessary pipe connections to existing water supply lines. • Contractor to connect and seal to industry standards all ductwork to new unit. • All mechanical valves and controls to be reinstalled. • All chilled water lines to be insulated up to and including any valves or drains. • All control and modulation valves will be calibrated once unit is placed into operation. • Chilled water supply pipes from main distribution line to each air handler identified in coordination between staff and contractor will be insulated with one and one half inch Foamglass AJS. This includes valves, pumps and air separators. (Mains not included) • All chilled water pipe at Chiller Pad Unit to be insulated with two inch Foamglass with aluminum jacketing. This includes valves, pumps and air separators. • All areas to be cleaned of waste material. Work to be performed by Village staff • Remove existing attic access in portico. • Cut stucco and lathe along the sides of existing trusses to elongate opening to facilitate the placement of new air handler. • Install new chilled water supply shut-off valves on existing chilled water pipe next to new unit. • Disconnect all electric and control wiring. • Disassemble old McQuay air handler and dispose. • Install additional plywood to in the vicinity of new air handler to assist in the installation and to provide a stable work platform for future maintenance of unit. • Once new unit is in place, pipe and ductwork connected, Village forces will re- wire unit. • Replace stucco and lathe that was removed. • Re-install attic access. ~M r'r"1 v v H W .~ ~ ~ . y MAI LING ADDRESS: P.O. Box 9940 RIVIERA BEACH, FL 33419 LIC. DAC067321 John C. Cassidy AIR CONDITIONING INC. 646 WEST 13TH COURT RIVIERA BEACH, FLORIDA 33404 TELEPHONES: SALES & ADMINISTRgTION 561-663-650 SERVICE 561-663-5122 FACSIMILE 561-663-H306 September 19, 2007 North Palm Beach Country Club 951 U.S. Hwy. One North Palm Beach, Florida 33408 Att: Mr. Mark Vadas Re: Air Conditioning System Replacement (F/A Air Handler) JOHN C. CASSIDY AIR CONDITIONING; INC. proposes to provide labor and materials to replace air conditioning equipment at the above facility. Details of the replacement are outlined in the following paragraphs. EQUIPMENT TO BE USED: One (1) Trane Air handler Model # MCCB-2 with six (6) row cooling coil, one (1) row heating coil, stainless steel drain pan and five (5) H/P motor. Required electrical controls. MOUNTING: New air handler will be mounted in location of existing unit. It will be secured in accordance with standard industry practices and manufactures recommendations. PIPING: The new unit will be connected to the existing chilled water distribution system. Piping will be of copper and will be insulated as required. Condensate drains will be as existing. ELECTRICAL: Electrical power and control will be from existing circuits. Power supply to be reconnected by customer. Controls replacement by Cassidy Air Conditioning. r, r~A JOHN C. CASSIDY Air Conditioning, Inc. WARRANTY: The manufacturer warrants to the original purchaser that the equipment be free of defects in material and workmanship, under normal use and service, for a period of one (1) year from date of installation. THE FOLLOWING PROVISIONS APPLY: Equipment availability is approximately seven (7) weeks from order date and about four (4) days will be required for installation. Customer will remove the existing air handler and a portion of the return air duct. Manual shut-off valves to be installed in both heating and cooling piping by customer. Attic access to be increased to pull down stair dimensions (approx. 22 x 53 inches) by customer. Both existing three way valves will be utilized. Every effort will be made to complete the system replacement with minimum down time and inconvenience to your facility. Any item requested or required by the customer, other than those covered in this agreement, will be completed on a time and material cost basis to the customer. BREAKOUT: Materials: Air Handler Piping Controls Ductwork Metal Fabrication Electrical _ Piping Insulation $11,628.00 585.00 375.00 450.00 95.00 125.00 480.00 Ten percent mark-up 1,373.80 Labor Two men @ $60.00 per hour each 4,800.00 Total job 19,911.80 l ~~ ~ JOHN C. CASSIDY Air Conditioning, Inc. PURCHASE AGREEMENT: Cost of the above described installation, to include all labor and materials, will be $19,911.80* payable as follows: 50% on acceptance 50% on completion. The seller shall not be liable for delays in delivery or installation due to circums des beyond his control. By:, ~ ~ pprovec Garlan C. Woods Commercial Sales Date: * This quote is effective for a period of thirty (30) days. a~/o7 MAILING AODR E55: P.O. Box 9940 RIVIERA BEACH FL 33419 John C.Cassidy AIR CONDITIONING INC. TELEPHONES: SALES & AOMI NISTRpTION 561-863-6]50 SERVICE 561-663-5122 FACSIMILE 561-863-8305 LIC. CACOST321 October 11, 2007 846 WEST 13TH COURT RIVIERA BEACH, FLORIDA 33404 North Palm Beach Country Club 951 U.S. Hwy. One North Palm Beach, Florida 33408 Att: Mr. Mark Vadas Re: Air Conditioning System Replacement (Piping Insulation) JOHN C. CASSIDY AIR CONDITIONING INC. proposes to provide labor and materials to replace air conditioning piping insulation at the above facility. Details of the replacement are outlined in the following paragraphs. SERVICES TO BE PROVIDED: Replacement of insulation on chilled water piping branches to six (6) air handlers with one and one-half inch Foamglass AJS. (Mains not included.) Replacement of insulation on chilled water piping at chiller-pad with two inch Foamglass with aluminum jacketing. (This includes valves, pumps and air separator.) THE FOLLOWING PROVISIONS APPLY: Every effort will be made to complete the above described work with minimum down time and inconvenience to your facility. Any item requested or required by the customer, other than those covered in this agreement, will be completed on a time and material cost basis to the customer. WARRANTY: John C. Cassidy Air Conditioning, Inc. warrants to the original purchaser that the materials be free of defects and workmanship, under normal use and service, for a period of one (1) year from date of insulation. ,~ JOHN C. CASSIDY Air Conditioning, Inc. BREAKOUT: Materials: Piping Insulation 9,601.90 Ten percent mark-up 960.19 Labor: (214.5 hours @ $60.00 per hour) 12,867.91 Total job 23,430.00 PURCHASE AGREEMENT: Cost of the above described installation, to include all labor and materials, will be $23,430.00* payable as follows: 50% on acceptance 50% on completion. The seller shall not be liable for delays in delivery or installation due to circum ces beyo~;nd his control. By: C Approved: ~~ / Garland C. Woods N Palm each Cd~untry Commercial Sales ~ ~,~/Q 7 Date: * This quote is effective for a period of thirty (30) days.