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Res No 007-18-15039RESOLUTION NO: 007-18-15039 A Resolution authorizing the City Manager to enter into an agreement with Solar Tint, Inc., for the supply and installation of Low-E window tint film for the City Hall Chambers and Gibson-Bethel Community Center. WHEREAS, the City desires to reduce the flow of heat energy by installing low-E window tint film at the City Hall Chambers and Gibson-Bethel Community Center; and WHEREAS, low-E window tint has other benefits such as heat rejection, energy savings, improved comfort, and reduce harmful UV rays; and WHEREAS, after a competitive process in conformance with the City Charter and the City's purchasing policy and procedure, the City is recommending the installation of 3M product "Night Vision 25" window film and installed by an authorized 3M dealer that provided the lowest bid for the product; and WHEREAS, the expense of $10,254.90 for this service will be charged to Account 001-1710-519-4670, Public Works Building Maintenance ($1,749.00) with a balance of $52,970 prior to this request, and Account 301-2000-572-6450, Parks and Recreation Improvements ($8,505.90) with a balance of $614,666 prior to this request. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into an agreement with Solar Tint, Inc., for the supply and installation of low-E window tint film for the City Hall Chambers and Gibson-Bethel Community Center for an amount not to exceed $10,254.90. A copy of the agreement is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this li day of January, 2018. ATTEST: APPROVED: .~ fl*a~ -/ ~10f2 Res. No. 007-18-15039 CITY CLERK MAYOR COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of2 SoutOOiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER·OFFICE MEMORAt~DUM THE CITY OF PLEAsANT LIVING . To: FROM: DATE: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager. January 16, 2018 Agenda Item NO.:S SUBJECT: A Resolution authorizing the City Manager to enter into an agreement with Solar Tint, Inc., for the supply and installation of Low-E window tint film for the City Hall Chambers and Gibson-Bethel Community Center. BACKGROUND: The City desires to reduce the flow of heat energy by installing Low-E window tint film at the City Hall Chambers and Gibson-Bethel Community Center. Based on input from 3M authorized dealers, the City is recommending 3M Night Vision 25 Sun Control window film to be installed by an authorized 3M window tint film dealer. The window tint film has the following benefits: • Heat rejection helps provide energy savings and improved comfort; • Enhanced views with low interior reflectivity, especially at night; • Helps ·extend the life of furnishings by reducing harmful UV rays; • Helps reduce glare and eye discomfort; and • Scratch resistant coating. Three vendors were invited to participate in a walk-through of the facilities on December 18, 2017. Two 3M dealers attended; an Eastman Chemical/llumar dealer was invited to the walk-through but did not attend. Two products were quoted as a comparison, 3M Night Vision 25 and Prestige 40. A summary of the quotes are below: COMMISSION OIAMBERS COMMUNITY CENTER· COMBiNED 3J\11NIght 3M 3M Nishi: 3M 3M Night 3M VENDOR visionZS PRESTIGE 40 Vision 25 PRESTIGE 40 VIsion 25 PRESl1GE40 SOLAR TINT $1,749.00 $3,021.00 $8,505.90 $14,057.90 $10,254.90 $17,078.90 PROFESSIONAL WINDOW $2,540.00 $3,334.00 $11,151.48 $14,637.25 $13,691.48 $17,971.25 TINTERS SOUTH GlASS NO QUOTE PROTECTION THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM AMOUNT: ACCOUNT: The 3M authorized dealers recommended Night Vision 25 window tint film over Prestige 40 since it is more cost effective and delivers a similar Solar Heat Gain Coefficient Value; .039 verses .040. $10,254.90 001-1710-519-4670, Public Works Building Maintenance, ($1,749), with a balance of $52,970.14 301-2000-572-6450, Parks & Rec. Improvements, ($8,505.90), with a balance of $614,666.25 ATTACHMENTS: Resolution Quotes for Low E Window Tint Film Scope of Services Agreement, Solar Tint, Inc. 5887 S.W. 70th Street South Miami, FL 33143 Tel: 305-663-4663. Fax: 305-663-3264 NAME: Steven Kulick DESCRIPTION Glass Panes Glass Panes 3M PRESIGE 40 3M NIGHTVISION 25 INSTRUCTIONS: PRESTIGE -15 year wammty NIGHTVISION ·12 yearWBlIBnty AMOUNT 9 9 LOCATION Gym Gym FAX: 305-663-6339 FILM TYPE: ., AuU19rized WmclQw.Filn;t De~e'r Prest~geDe.a1er Network DATE: 12/1812017 3M PRESTIGE 40 or 3M NIGHT VISION 25 JOB DATE: JOB SITE: SIZE 80. FT PRICE 96 40 240.00 40 31 77.50 SQ.Ft. 317.50 Grand Total: $3,021.00 Grand Total: $1.749.00 We hereby propose to fumish labor and ma1erials -complete in accordance with the above specifications. for the sum of: All material is guaranteed to be as specified. All work is to be completed in a professional manner, according to standard practices. Any alterations or deviation from.above specificatiOns involving extra costs will be executed only upon written orders, and will become an exira charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. This proposal subject to acceptance within __ days and is void thereafter at the option of the undersigned. SOLAR TINT. INC. is not responsible for glass breakage during the removal of existing film and adhesive. Autl10rlzed Signature: __________________ _ ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: DATE: SIGNATURE: www.solartintinc.com 5887 S.W. 70th Street South Miami, FL 33143 Tel: 305-6634663. Fax: 305-663-3264 NAME: CITY OF SOUTH MIAMI STREET: 5800 SW 66 Street CITY: Miami, FL 33143 Steven Kulick DESCRIPTION Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes 3M PRESTIGE 40 3M NIGHTVUE 25 INSTRUCTIONS: PRESTIGE -15 yearwarranty NIGHTVISION -12 year warranty AMOUNT 4 6 3 60 3 18 16 8 2 LOCAnON Gym Gym Gy_m Lobby Lobby Lobby Lobby Lobby Lobby FAX: 305-663-6339 FILMlYPE: Auth(Jrizoo WlIldoy.;Film De:al.er Prest~ge Dealer Network DATE: 12/18/2017 3M PRESTIGE 40 or 3M NIGHT VISION 25 JOB DATE'. JOB SITE: SIZE SQ.FT PRICE 83 45 103.75 83 45 155.63 31 45 29.06 40 39 650.00 40 23 19.17 40 39 195.00 40 36 160.00 40 22 48.89 70 27 26.25 Sq. Ft. 1,387.74 Total: $13,186.00 Lift Charges: $871.90 GRAND TOTAL: $14,057.90 Total: $7,634.00 Lift Charges: $871.90 GRAND TOTAL: $8,505.90 V)le hereby propose to fumish labor and materials -complete in accordance with the above specifications, for the sum of: All material is guaranteed to be as specified. All work is to be completed in a professional manner, according to standard practices. Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. AU agreements are contingent upon strikes, accidents or delays beyond our control. This proposal subject to acceptance within __ days and is void thereafter at the option of the undersigned. SOLAR TINT, INC. is not responsible for glass breakage during the removal of existing film and adhesive. AuthortzedSlgoature: __________________ _ ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as speCified. Payment will be made as outlined above. ACCEPTED: DATE: SIGNATUijE: ir" n' ...-I'"ftll'ft"--------------WWW.SOlartliibnc.COili 1/3/2018 PROFESSONAL Window ....... t I In ers Job ID 23614 Cust # 22941 CITY OF SOUTH MIAMI STEVEN KULICK PROCUREMENT DIVISION 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 7385 Bird Rd (40th St) Miami, FL 33155 Dade: 305-261-7400 Fax: 305-261-9089 Work: 305-663-6339 Proposal Proposal Mon \12118/2017 \ 6:00AM Mon·Fri 8:30 to 5:00 Sat 9:30 to 3:30 IE_ Email: SKULlCK@SOUTHMIAMIFLGOV Project: CITY OF SOUTH MIAMI STEVEN KULICK, CITY HALL CHAMBERS 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143 Work: 305-663-6339 Email: SKULlCK@SOUTHMIAMIFL.GOV Sec Ln 2 2 2 3 ~alesperson: Fluote good until: Payment Terms: Area Panes CITY HALL CHAMBERS CITY HALL CHAMBERS Section Total Panes Total LIZ WALLACE -305-261-7400 1/18/2018 9 9 18 18 Pane Width 40.0 40.0 Pane Height 96.0 31.0 Product Description 3M NIGHT VISION 25 3M NIGHT VISION 25 Subtotal Order Total Price $2,540.00 $2,540.00 $2,540.00 50% DeposiUBalance Due on Completion -Invoices $500 or Less Must be Paid in Full Prior to Install IStandard general liability and worker's comp insurance induded in the price. Customer responsible for cost of additional coverage if required. lGuarantee: All materials and workmanship are guaranteed to be as spedfied and the work to be performed in accordance with this written proposal, completed in a workman like manner for the amount indicated. Any change(s) from these specifications requiring extra time, labor lor materials will result in additional charges to the amount indicated above. Professional Window Tinters of Miami Inc. is not responsible for !glass breakage during film removal. There must be dear access to all lights. No verbal orders recognized. Collection Policy: Payment is due in full at time of completion. A minimum of $35 or daily. rate of 0.05751% (corresponding 20.99% annual rate) whichever is greater will be assessed on all past due accounts not secured by a credit card. All deposits are non-refundable. All sales are rnal. Customer agrees to pay all costs and expenses incurred collecting amounts due under this agreement including reasonable attorney&rsquos fees and all incurred costs and associated expenses. A charge of $35 will be added to all checks returned for insuffident unds. Any balance due under this agreement and/or invoice will incur interest at the rate of 1.5% per month. NOTE: After the installation is completed the balance is to be paid in full. Should there be a portion of the installation that cannot be completed due to delays beyond our control this balance is still to be paid completely. Acceptance of Proposal I Authorization to Work: The above prices, specifications, terms and conditions are satisfactory to me and are hereby accepted. My signature authorizes you to do the work. ~ Date Customer Signature Authorized Dealer Signature https:llpwt.tintprogroup.com/asp/admin/p_files/jobdocsl23614.12840. QT. htm 111 I I 1/3/2018 PROFESSIONAL Window Tinters Job ID 23614 Cust,# 22941 CITY OF SOUTH MIAMI STEVEN KULICK PROCUREMENT DMSION 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 7385 Bird Rd (40th St) Miami, FL 33155 Dade: 305-261·7400 Fax: 305-261-9089 VVork:30~63·6339 Proposal Email: SKULICK@SOUTHMIAMIFLGOV Project: CITY OF SOUTH MIAMI STEVEN KULICK, CITY HALL CHAMBERS 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143 VVork: 305-663·6339 Email: SKULlCK@SOUTHMIAMIFL.GOV Sec Ln 1 1 1 2 ~alesperson: ~uote good until: Area Panes CITY HALL CHAMBERS CITY HAlL CHAMBERS Section Total Panes Total LIZ WAlLACE -305-261-7400 1118/2018 9 9 18 18 Pane Pane Width Height 40.0 96.0 40.0 31.0 Product Description 3M PRESTIGE 40 3M PRESTIGE 40 Subtotal Order Total Price $3,334.00 $3,334.00 $3.334.00 Payment Terms: 50% Deposit/Balance Due on Completion -Invoices $500 or Less Must be Paid in Full Prior to Install [Standard general liability and worker's comp insurance included in the price. Customer responsible for cost of additional coverage if required. Guarantee: All materials and workmanship are guaranteed to be as specified and the work to be performed in accordance with this written proposal, completed in.a workman like manner for the amount indicated. Any change{s) from these specifications requiring extra time, labor pr materials will result in additional charges to the amount indicated above. professional Window Tinters of Miami Inc. is not responsible for glass breakage during film removal. There must be clear access to all lights. No verbal orders recognized. Collection Policy: Payment is due in full at time of completion. A minimum of $35 or daily rate of 0.05751% (corresponding 20.99% annual rate) whichever is greater will be assessed on all past due accounts not secured by a credit card. All deposits are non-refundable. Ail sales are final. Customer agrees to pay ail costs and expenses incurred collecting amounts due under this agreement induding reasonable ",ttomey&rsquos fees and all incurred costs and associated expenses. A charge of $35 will be added to all checks returned for insufficient runds. Any bahance due under this agreement and/or invoice will incur interest at the rate of 1.5% per mont~. NOTE: After the installation is completed the balance is to be paid in full. Should there be a portion of the installation that icannot be completed due to delays beyond our control, this balance is still to be paid co~pletely. Acceptance of Proposal I Authorization to Work: The above prices, speCifications, terms and conditions are satisfactory to me and are hereby accepted. My signature authorizes you to do the work. ~ Date Customer Signature Authorized Dealer Signature https:l/pwt.tintprogrou p.com/aspJadmin/p_fdesljobdoCS/23614.12846.QT.htm 1/1 1212012017 PROFESSIONAL Window Tinters 7385 Bird Rd (40th St) Miami, FL33155 Dade: 305-261-7400 Fax: 305-261-9089 Proposal work: 305-663-6339 Proposal Mon 11211812017 I 6:00AM Mon-Frl 8:30 to 5:00, Sat 9:30 to 3:30 .--~ Job ID 23615 Cust # 22942 CITY OF SOUTH MIAMI STEVEN KULICK Email: SKULlCK@SOUTHMIAMIFL.GOV GIBSON-BETHEL COMMUNITY CENTER 5B~O SW 66 STREET SOUTH MIAMI. FL 33143 Project: CITY OF SOUTH MIAMI STEVEN KULICK, GIBSON-BETHEL COMMUNITY CENTER 5800 SW 66 STREET. SOUTH MIAMI, FL 33143 Work: 305~-6339 Email: SKULlCK@SOUTHMIAMIFL.GOV Sec Ln 4 12 4 13 4 14 4 15 4 16 4 17 4 18 5 19 5 20 6 21 Area COMM CENTER-MAIN ENTRANCE COMM CENTER-LOBBY COMM CENTER-LOBBY COMM CENTER-DOORS COMMCENTER COMMCENTER COMMCENTER Section Total COMM CENTER-UPSTAIRS COMM CENTER-UPSTAIRS Section Total COMM CENTER-UPSTAIRS Section Total Panes Total UZ WAllACE -305-261-7400 1/1812018 Panes 60 16 8 2 12 6 3 107 6 4 10 3 3 120 Pane Pane Product Width Height Description Price 39.0 40.0 3M NIGHT VISION 25 35.5 40.0 3M NIGHT VISION 25 22.0 40.0 3M NIGHT VISION 25 27.0 71.0 3M NIGHT VISION 25 40.0 40.0 3M NIGHT VISION 25 40.0 40.0 3M NIGHT VISION 25 23.0 40.0 3M NIGHT VISION 25 $8.819.00 45.0 84.0 3M NIGHT VISION 25 45.0 84.0 3M NIGHT VISION 25 $2.100.00 45.0 31.0 3M NIGHT VISION 25 $232.48 Subtotal $11,151.48 Order Total $11,151.48 !Salesperson: . !eluate good until: [Payment Terms: 50% Deposit/Balance Due on Completion -Invoices $500 or Less Must be Paid in Full Prior to Install IStandard general liability and worker's comp insurance induded in the price. Customer responsible for cost of additional cov;aQe If required. Guarantee: All materials and workmanship are guaranteed to be as spedfied and the work to be performed in accordance with this written proposal, completed in a workman like manner for the amount indicated. Any change(s) from these specifications requiring extra tlme, labor or materials will result in additional charges to the amount indicated above. Professional Window Tinters of Miami Inc. Is not responsible for glass breakage dUrin(! film removal. There must be clear access to aliliahts. No verbal orders recoanlzed. httpsJ/pwt.tintprogroup.com/asp/admin/p_filesljobdocs/23615.12B42.QT.htm 1/2 1 12/20/2017 PROFESSIONAL Window Tinters 7385 Bird Rd (40th SI) Miami, FL33155 Dade: 305-261-7400 Fax: 305-261-9089 proposal Work:305-e63-6339 Proposal Mon 112/1812017 1 6:00AM Mon-Fri 8:30 to 5:00. Sat 9:30 to 3:30 II-II __ ~ Job ID 23615 Cust" 22942 CITY OF SOUTH MIAMI STEVEN KULICK Email: SKUUCK@SOUTHMIAMIFLGOV GIBSON-BETHEL COMMUNITY CENTER 5800 SW 6tI·STREET SOUTH MIAMI, FL 33143 Project: CITY OF SOUTH MIAMI STEVEN KULICK, GIBSON-BETHEL COMMUNIlY CENTER 5800 SW 66 STREET, SOUTH MIAMI. FL 33143 Work: 3050883-8339 email: SKULlCK@SOUTHMIAMIFLGOV Sec Ln Area Pane& Pane Pane Product Price Width Height Description 1 1 COMM CENTER-MAIN ENTRANCE 60 39.0 40.0 3M PRESTIGE 40 1 2 COMM CENTER-LOBBY 16 35.5 40.0 3M PRESTIGE 40 1 3 COMM CENTER-LOBBY 8 22.0 40.0 3M PRESTIGE 40 1 5 COMM CENTER-DOORS 2 27.0 71.0 3M PRESTIGE 40 1 6 COMMCENTER 12 40.0 40.0 3M PRESTIGE 40 1 7 COMMCENTER 6 40.0 40.0 3M PRESTIGE 40 1 8 COMMCENTER 3 23.0 40.0 3M PRESTIGE 40 Section Total 107 $11,578.00 2 9 COMM CENTER-UPSTAIRS 6 45.0 84.0 3M PRESTIGE 40 2 10 COMM CENTER-UPSTAIRS 4 45.0 84.0 3M PRESTIGE 40 Section Total 10 $2,156.25 3 11 COMM CENTER-UPSTAIRS 3 45.0 31.0 3M PRESTIGE 40 Section Total 3 $305.00 Panes Total 120 Subtotal $14,637.25 Order Total $14,637.25 Salesperson: UZ WALLACE -305-261-7400 Quote good until: 1/1812018 Payment Terms: 50% DepositfBalance Due on Completion -Invoices $500 or Less Must be Paid in Full Prior to Install I§tandard seneralliabil~ and worker's come insurance Included In the arice. CUstomer reseonslble for cost of additional covera!l! if regulred. J lGuarantee: All materials and workmanship are guaranteed to be as Specified and the work to be performed in accordance with this written proposal, completed in a workman like manner for the amount indicated. Any change(s) frOm these spedflcatlons requiring extra time, labor lor metanals will result in additional charges to the amount indicated above. Professional Window TInters of Miami Inc. is not responsible for kllass breakalle durina film removal; There must be dear access to all lights. No verbal orders recOQnized. https:f1pwt.tintprogroup.comfasp/admin/p _files~obdocs/23615.12841.QT.htm 1/2 I L THE 'CITY OF PLEASANT liVING SCOPE OF SERVICES PROJECT: Supply and Installation of Low-E Glass Window Film at Selected City Locations I. General Requirements: The work specified in this Solicitation shall consist of furnishing all goods. materials, supplies and services to perform the work described in the Scope. This includes. but is not limited to the furnishing all labor of Contractor and the labor of all allowable subcontractors. and cost of disposal of materials as well as all necessary machinery, tools, transportation. equipment rental arid permits, to perform all of the Work described in the Scope of Services and which is necessary to provide a completed project that meets all of the needs described in this Scope of Services. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees from other government entities, if required, shall be the responsibility of the Respondent/Contractor however. in all cases; it is the responsibility of RespondentS/Contractors to secure any and all permits that may be required for this project. II. Scope of Work: Scope of work involves the Contractor supplying and applying "Low E" window film to the interior window surfaces for the City locations described in the Scope, III Site Locations. The City will remove any and all existing window coverings; such as blinds and/or shades from existing windows located in the project areas. The purpose of applying the "Low E" window film is to retard the flow of heat energy through the windows. Respondents to this Solicitation shall confirm they are cel1ified to install IILow-E." window film in accordance with Manufactures specifICations and requirements. Work activity is limited to the hours from 7:00 a.m. through 5:00 p.m., on weekdays from Monday through Friday. III. Site Locations: The project is located at two City locations: I. City of South Miami, City Hall Chambers located at 6130 Sunset Drive. South Miami. FL. 33143. 2. City of South Miami, Gibson-Bethel Community Center located at: 5800 SW 66 Street. South Miami. FL. 33143. Note: Contractor is responsible for the exact dimensions of each window, and number of windows, and shall be reflected in Contractors proposal. IV. Technical Specifications: The Contractor shall quote two "Low-E" abrasion resistant films, Option # I and Option #2 listed below. Window Films quoted must meet or exceed the following manufacturers: • lM Sun Control Window Films, Prestige Series for Commercial • Eastman Chemical, LLumar Commercial Low E Series Window Film Contractor shall quote the following: • Option # I: Film with a Heat Gain Coefficient Range of 0.28 to 0.l8; Tint Level20. • Option #2: Film with a Heat Gain Coefficient Range of 0.45 to 0.5; Tint Level 70. The Contractor shall provide. as a part of their proposal, Samples of the Products Quoted, the Manufacturer of the Window Film and all applicable Specifications and/or "Cut- Sheets" for the products quoted. The City shall decide, at its sole discretion, which film products quoted, either Option #1 or Option #2, will be applied at each City location. V. Project Duration: The project shall be completed within 45 Working Days from a Notice to Proceed. VI. Warranty: Contractor shall submit, as a part of their proposal, the standard manufacturer's warranty. Manufacturer's warranty shall contain a warranty against glass failure due to thermal shock facture of the glass and/or seal failure of the window unit with a maximum value of $500 per window; provided the film is applied to recommended types of glass and the failure occurs within a minimum of sixty (60) months from the date of project completion. Contractor shall warrant the application and installation of the "Low-E" film and shall be warranted for a minimum period of five (5) years in that the film will maintain solar reflective properties without cracking, crazing, delaminating. bubbling or peeling. In the event the product is found to be defective under warranty, Contractor will replace such quantity of the film to be defective and will additionally provide the removal, and reapplication labor free of charge. END OF SECTION Kulick, Steven P From: Sent: Cc: Subject: Importance: Kulick, Steven P Monday, December 18, 201712:21 PM Webster, John; Pough, Quentin Low E Window Film High The City appreciates your attendance today at the facility walk-through. To confirm, quotes shall include the following products: 1. Night Vision 25 2. Prestige 40 Quotes are due via return email, Thursday, December 21,2017 by 3:00 PM. If you have any further questions, please send an email to my attention. Thanks, Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division City of South Miami -6130 Sunset Drive -South Miami, FI 33143 Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov X THBSCONYRACT, entered intothis.n day Of\l~~by the OTV OFSOUTH MIAM.I-tb,QJ • .ttsManapr,~h of whom 5Ihaltte'~·. ..... .. .. dWi~'·wJ_ 4_'-; located·~ 6130 Su. Drive, South Miami .. FL •• IE-:rnmil: salexander@soythmlamlfl.80vand $oIarllnt;..Jf!IC,. withatf'office and principal place of business located at sm Mm--.MJjIiiDl. fa. .tAr .and E~il ~re5$ of:.rfton5~~ Cllrid FacSimile transmIsSIOn numller of "'W (l\ere.tna(ter ~Ued the "OON'rRACtoR"). ~M: WBt~ the OlY is in need cfth~ $MmSWmmUIliM~@I1Ili1M!!t'fE ~UiIt·RbiU!ll:al1'lcwls om~_ ... ~~ the OlVde5iresto I1'tetaon ro~CTOR ito provide therequlredsoods and/oneNiteS based on CO~IS 6'\ep~btiom whidll ~ tmlt OO~rcrOR is .. ;tl~ and capabl~Qf Pn>vidfml ~id gOQds ~cUor semces i8'1l a J!)rofesslonal Glnd timelv manner aoo irJI 8&eordam:e with ·the aTV's~.and requirementsi·<ilnd ~ CONT'RACTOft hasiagreG!d to ~idethe required ~ ~MlOIi"5eMces JilII(CCo:dancre ~ ~~sat">t~set forth tDereilil • .• , ~in ccnsademion of ~ IMwmai ~nU and qreemenbi herein ~talned, the IPJarties illfll'eeas.foIlows: 1) ~.·oi~· ~d on tttne r.ep~~Dns of (O~crOIR·as· setout I!'II fthe fql~;~ ~nts the aw~ ~.'~1Iml'~~.~'.iiiM1iw serii.'set fOrth In said pmpcsal, ClJll.lott~ err lrespMse to solldmtiM, ~r 1$ applicable,. as modified b\9 ~ C:Ontr,ac:t~. or ~s is ~ ~.~ lin ItM! ~ ~ems $!fined bekDw {il" of whICh:15,:heRilMfter!l"eferred to G95 the Wom"D. (Check the Iboxlmmedi~1y pr.acediD11 the dowmem: described below to indk:ate that s~ch do¢Ument is,partoithQs Comril~) ,jCUAllIiitW$~im~~! 2) ,:~ ~ The CQRttad !DocumentS. shalllndwJe U'ols Co~ and ~ f~I_~ "ch~~ ~ts", ~ weli.4D$.r;nv attachments 01/' exhibits that are made i) part of any of the IlIchedced documents". (Chedt the box Immediately preceding the dOWment described betow to indicate that such dqcumem is part of this ~ct) .,J ~of~; fEifGilbIt 11. ,;ii .,J.cmF.s~~8~~~~ Thls Contract and the General Conditions to Corrntract, SuP8)lementary Ccmditions, the $oIjcitation, Scope of ServiCes and '"Other Documents", if any are "checked documents", shall take precedent over the responSe to the OlV's Bid Documents, if any, Oil' the propOsal or the qUote, if any. The "chetked documents" are attached hereto and made a pall't hereof by reference·. 3) Date ofcainmencemt!nt: CONTRACTOR shall commence the performance ofth¢ Work under this ~.adate to bespedfied in CD ~.m PJOCeed; .. ~ ... (t.aa.iIt.:et· I ,af1D-as the "Work Commencement Date"). Time is of the essence. 4) Prima,,~: The Primary Contact: Person in charge of administering this Contract on behalfcfthe em is the City Manager ("Manager"), assistant Manager, or the Manager's desi~, who shall be designated In a writing signed by the M.anager. The Primary COntact P~n for CONt~ctoR and hls/her contact Information is illS follows; Nm_= ~ Fbres. e-mail; riIores~nc.ccm; Fax: ..."""·StreetAddress: SU'1~~~il3W. " 5) bpe d~5: The goods and/or services to be provided are asset forth in the "checked documents" • 6) :(Co.m~: The CONTRACTOR's compensation for CONTRAOOR's performance under the terms i1!ndprovisions of this Contract (hereinafter referred to as the COntract Price) shall be as set mrthin CONTRAOOR's response to the CllV's written solicitation or:assetforth in; or modified by, one of the QOOtractDocuments, whiCheVer is iPlJlitcibte 9 !bllllt Ilimmiterl! Ito 1tllne 3M NngllntvnsiiOlllll 25 jpJJ"ilJ)i!ll1ID€!t. 7) ~ of W~: In the event that this O)rwact requites the performance of servltes, it Is pre$u~ that the cost of perform!nl the Work after remal~r worldns ttours. and en Sunday aod legal holidayS,' Is included In the Contract Price. H.o.we\Iefi', nothinrg·«:cmtained herein shall authorize work en days and dur1nc heurs that all"e Otttemise prohibited by oi'dlnal1te unless spedflll:tlllv aiuthOll'I.zed or instR4CteCi Gill writillll bytQ:te City Man8Sl!.I1', the M~n_ei"s a~iStilnt or "de~~. $.;.~n_ ~ The tem of~Cc~-:~·_mmeMi!1MIi~·Wm ~ Da~~ .~fid ~I amtinu~ f~ Ii& Gil" IJnU~ eilll'Uier mll1'n&nilted Cic;aWdlillt"to the Contra.d Dccumei'rt$. Arb . emenlioo'oft\lle term 01 this Q)!'DttrKt is aft· the tmfs scle and a_Bme dfisae~n. The c@n~ m~ nlglt f1m~iiW(5J COMeCUthfe year 9) . T~: This Conwdt may b2 tell1lllluniilted ~ cause by the arv with 30 days of ~~ ~~ ~~superl'$t&f)les ~Dd ~~ .«nW'~V mntI3iV .prev_. for~n·contalned ilrri~ Cmmact ~UMI1Ilts. '10) ~ _:~ WfnlMe; F1o.rtm law $hil~1 appltf to the '!O'DteJ!1lll~~klln and enfDrterMe!l1lt.of this .CQrma¢L'. Venue ~iil! P~Oru8S .Ii ~irn Mlami~~tcui"llttw, FI~a. :tlJ ~_,~;~0lR Will comply·With aJ~1 a!fIllPIialble ijaws#ordi~. codes. .t "'-Iul~. ~d ~ and ~ staNi2iB'$of.i111lW ~QlI 00dv hmi18 i&!JrI~lcdon over GlSW' matter reI_m this Cc:.imractt err ~\V1 JOO$ fJnd/orsenrices to lb2 peofoli'lfi'led hereul!lder, allld shall,~M~onany~ep~tmJ~~~"t»v~ EaCh and avery prmiision and/@lI'dilme ~a.iill'ed by 8aw U),ft)e inserred ftr/'i.this-contratt ShaU be.deemed to be In~ hveln Md this Co~u:aas9'Dalibe read Ilf'e«jl e~CI?ld as tOOU!~ sQBCh provisioM illncllolf cBiuses were tria-tided h.erein. U) ~~: No additional Work or I!lrtrasshali bediooe.UlIIIess the SUle is duBva~ In wrltint a.,d in .advance of the work !by approprJ_.actIo., .blIthe.aty Manager .ami in .atcOrdilnce.With the ~:Documents. 13) ~ ilmll ~: Contractor sh~DI secure ail nece$Sarv ~\.DSi!'1ess ind pltQfeSSlonal Ilcen.~ at It$ SOle ~nse 1I»00r toe:ecuting this ContnlctOIl' oom~nd~:the Work. "14) UnmaI/1lMe, Ondewm~ 8& DciM!lI~ CONTRACU"OR shall comply with the insurance, indemnlfltatioh and bondin. requitements set forth in the Contract Documents. 15) Juay Tria)W._: The.parties wBave their right to jury trial. ~ ~ ~"1ilkm .tsA&ir.-:The Gt\lrihct~aJMt._~ entire asreement of the parties and supersedes any prior agreements, written cit oral. The tonti'act Documents·may not !be modified or amended except in writing, signed by both parties hereto and If this Contrad"is required to be approved by the City Commission, 2111 amendments thereto must be approved In the same manner and with the same formalitv as this Contract. The Contract Documents, In general. and this paragraph. in particular, shall not be modified or amended by any acts or omissions of the parties. No faU .... exerdSecind no delay in exeUdSing any1'igt1t,.~ or privilege-SGd·opeuiIte;m'lI_iwer. No waiver of the Contract Documents, in whole or part, induding the provisions of this paragraph, may be Implied by any act or omission. . 17) pqs~ Records: CONTRACTOR and all of Its subcontractors are required to compiv with the public records law (5.119.0701) while providing goods and/or services on behalf of the CITV and the CONTRACTOR. under such conditions, shall incorporate this paragraph in all of its subcontracts for this Proje~~ shall: (a' -K~ and maimaDn paiilJ9ic rrecol!'lin~-by~~··~m~\I\I1I. service; (b) Upon request from the pubBlc agency's custodim of public records. provide the pubk ~ with a copy of the requested records or allow die records to be in$pKteCi 08'" coplGKl within a reaso .... e ~·at" cost: dlat does not exceed me cost pll'OYIded In dUs chapter or as otherwise pl'D\ll~ ~ law; (~) EnsUre diat public I"'econIs _ are exempt or cot:\ftdentlal and exempt from pubflC records disclQsure requl~ts are not disclosed _ept as autho~ by law for the duration of the Comra« t,emi and ~~~cm'of the Comrac:t If ~~~.,-................ -.... ".aIIic: ~'mnd '(d) Upon .compIetion of. COI!m'act. ~. zt ~ CQS,t; to the public ... y ..... PI,IbI~ reco~ In ~ of CONTRACTOR or keep am!I malnalin pub.Bic I'\I!ICOrds required by die ~ ~.·p.erl'onn 1he ~ If (:~crOR, ~ aIU p"'~ vecords to die p,IbIic .-:Y:~ com~ of die· Coor.rzt. IOONl"MClf'OR Shall cIesIrolf any 'dupllaa pUbIc records that·ate eXempt or co~ anell ~t from public ~s disclosure U'eq!II~ IfCONTUlA.CfOO keepiamd mm.n_."~ upc!I1I ~'@f w OiIllWMiljlfJ~OJ\"'~ i.f·'i" ~Ma requl~ fer ~~\lHflbIk O"et:cwids. A!IIl reoordls _~ ."~·nut be providia@! to ft pUbUc ~. upcn.~~·thra pubk IlP'qls ~ oJf.~ic ~ in ~ ~ _ ~ ~I!! _ .• , ~ ud.uKl~ ~ d die ~ic 1I!pl'q. Off ~©T~~ :~ ~~_ ~~ONG ?HIE ~rlJI~'1f'IlON @.IP ~~ 0 ~'s ~1lQ­ iTA~ m ilMli ·OON'lf'MC1f@n @U'li"W m ~_Il "-,we .~ :.' .' ...... ' .. <: '~@Jri>' .. '. :. AY"j •. : :··.,·j_~~a~~·D:g@·~~~.~Dv 1Pl1I..~· o~).. . . "'II) ~1i\liJ.~ Ali pe~!i1nel ;undl·VoIP.8nte<eU5 th1ltwlli puQvJeW ~nv sendee. With· W~MhibIe p!i!iiscns. u d6ed on ~rn e~ol. Fla. Stat.. ilmlOMwl_ cay or'b ~ liD sum ,..ted ~OU' whomillf h~ access to S\KU~ orsensltiw! areas ofthe City. must 'he. in mmplillnce witb~dqswumI~inJandft~~~~~~ to the ~.d stadt. of ilny _~ C11' vo8unt"r. C~fhbalg prwent any and:.all af'lts personnet~ 'IindudIng wluntHlrs, from ehlililllll·in any sudu related·~ without h8ftPirlg.pa5$.ed il ·~rdOd\dstreemnJm ~ satiS11actioI'D chheCaty. It..~ of this requlll'elllRent shaIII· ~ a ~.~ ofthi$ Connct. 19) ~ BlIIMW~. CONTIAAcrOR shall complv with the ONl:free Wo~ce_pollcy set forth ill7l. __ cif~ Mlaml·sPersonM1~anL'la'~;s~~~. I 20, 'il'ti'a~ __ ~. None of the work.or services Under tDds"Cont-raa shail be subcontracted or assirIned without prior written consent from the cmr llIIhidll may be denied· without cause~ -.-. 21» ~ All notices given ali' required under this Contract: shall be deemed sufficient Ihent by a Methpd thatpll'O\lldes written eVidence of deliveor, including e-maIl and facsimile' transmission and delive • .-mN'TMCToR or his desDgnaaed·mntactpem!JR.~ Cli'fWai1ft,-s&iIt~iIiit!!4l&ess contained herein for the parties or their contact persons, as not deliverable all' for failure to daim the mall ~all be deemed recehled on the elIae that tine maiD is returned to sender . . -. IN WB:'mEm'WHBtEOlF, the parties, have exec~ed this Contract, on or befbre the date first above Writteil. with fuII.knowIedge of its .content .and .significance .and intendlng.to . .be JepUv bound.by th.~ .... ~t1 W~:;!~ Bv: _________ _ [njlmelit signatory] .·';·_.:.··~;M~n~rL ... lZltytlfei:k 'R"CI~ndAp.pt.ov.eda5'to,fOrml·Lat:tiUage; W,.."a)jdi~iD"·T,he~;' l¥.~~ CltY~~. EXHIBiT 1 e Contractor's proposai III Scope of Services 5887 S. W. 70th Street South Miami, FL 33143 Tel: 305-663-4663 . Fax: 305-663-3264 IWIE: CITY OF SOUTH MIAMI STIEET: ·16130 Sunset Drive aN:. . Miami FL 33143 i-: Isteven Kulick Glass Panes iGlass Panes • PRESaGE 40 • NIGHTVISION 2S INSTRUCnoNS: PRESTIGE .. 15 year warranty lIUGIInIISION -12 yurwanant;y 9 9 " , ! ' ... -. __ .--.. {' \. ". ':\.'~> J ,:,,~: '\_ .... ..1~./ '-_.\ I ,.J v PHONE: 305-663-6339 RLMlYPE: FAX: Authorized Window Film Dealer Prestige Dealer Network DATE: 1211812017 3M PRESnGE 40 or 3i111 NIGHT \IDSIIO\\I 25 JOB DATE: .IOBsnE: LOCATIOIII &Q.FT. PRICE Gvm 96 40 240.00 Gvm 40 31 77.50 Sa.Ft 317.50 GlJ"and T oaaB: S3.021.otl Granc!l Total: $1,748.041 We hereby propose to fumish labor and malerials -complete in accordance with the above specifications, for the sum of: All material is guaranteed to be as specified. All work is to be completed in a professional manner, accordi to standard practices. Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders, and will ~xInI charge over and above the estimate. All agreements are contingent upon sbikes, accidents or delays beyond our control. This proposal su lance within __ days and is void thereafter at the option of the undersigned. SOLAR TINT, tNC. is not responsible for glass breakage duri of existing film and adhesive . ... AuthorizedSignature: ___ L ....:...!... ____________ _ ACCEPTANCE OF PROPOSAL The above prices. specirlCations and conditions are hereby accepted. You are authorized to do the work as specified, Payment will be made as outlined above. ACCEPTED: ~GNATURE: __________________________________ __ www.solartintinc.com / ~.: .6l&$.l. ~ti) 5887 S. W. 70th Street South Miami, FL 33143 -.;-.... '-'j ) ~ Authorized Window Film Dealer Prestige Dealer Network Tel: 305-663-4663 . Fax: 305-663-3264 NAME: PIIIlNE: FAX: 305-663-6339 RUllYPE: SW 66 Slreet . 3M PReSTIGE 40 or 3M flIGHT VISION 25 FL33143 Kulick . Glass "Panes -Glass Panes . Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes Glass Panes 3M PRES"nGE 40 3lVl NIGHTVUE 25 -- . - INSTRUC110NS: ~11GE -15 yearViarranty NIGHTVISION -12 year wamirily LOCATIOIII 4 Gym 6 Gym 3 Gvm 60 Lobby 3 Lobby 18 LobbX 16 Lobby 8 Lobbv 2 Lobby JOB DATE: . .soBSITE! &Q.FT . 83 45 103.75 83 45 155.63 31 45 29.06 40 39 650.00 40 23 19.17 40 39 195.00 40 36 160.00 40 22 48.89 70 27 26.25 Sq.Fl 1,387.74 We hehtby propose to fumish labor and materials -complete in accordance with the above specifications, for the sum of: Ali material is guaranteed fobe as specified. All work is to be completed~n a professional manner, from above specifications involving extra costs win be executed only upon written CIders, and ~~~ agreements are contingent upon strikes, accidents or delays beyond our control. This ... _,--,-,-"101"":". at the option of the undersigned SOLAR TINT. INC. is not responsible for glass breakage 46JIngJIlhfVi PRICE Total: Uft Charges: GRAND TOTAL: Total: Uft Charges: GRAND TOTAL: _.- ~~:--~~~-------------------------- ACCEPTANCE OF PROPOSAL DATE: 1211812017 $13,186.00 $871.9(] $14057.90 $7,634.00 S871.S(] $8,505.9Cl . -_.- The above prices, specifocalions and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. AeeEP1m: DATE: SlGNATU8E: WWW.SOI81i+tiill.n .. tiir ..... c .... C .... OmUPlllUUr------------------------ H_t liejecti@1l'\l bw dayQ Yiewpe~i@lf\l by Iiiloghto ·Be~s·· l> Great heat rejection helps provide energy savings and improved comfort I> Enhanced views with low interior·~. especially at night I> Helps extend the life of furnishings by significantly reducing harmful·UV rays.1he largest .. causeof fading ~ Help~.r.educe glare and eye discomfort ~ &cellent scratch- resistant coating C> 3M nano-technology enhances color stability ~ Comprehensive warranty from 3M \JVamlftty and Lilnilod IIemecIy; 3M wanai>ts that each 3M productrneels the app!ic;abIe 3l1li ",oduct~ a. the_3M ships the product. 3M MAKES NO OTHER EXPRESS OR IMPlIED WAIIIIANTIU OR CONDITIONS,INCUIDING All.Y IlIIiPLIED WAlittANrYOR CONDITIoN OF MERCHANTA8ILITYOR ATNESS FOR A PARTICUlAR PUIIPOSL If the 3M p<Oduct does not conIann to this _"""Iy, the sole and exclusive ramectv is, at 3M's option, replacemenl of the 3M proctuct or refund of the purchase price. LImitation of liability: Except where prohibitad by law, 3M wiD not be liable Jot any loss or damage arising from the 3M pniduct, whether direct. incforect. specia~ incidemaI 01 consequential, oegardIess oftha legal theory a_ed. Renewable Energy DivisIon 3M Center, BuHcfmg 235-2S-27 St. Paul.IlAN 55144-1000 3M_com/WindowFilm 3M and Night V"osiOn are traden)arks of 3M Company. Used under license by 3M subsidiaries and affiliates. Please recycle. @ 3M 2016. All rights reserved. 98 -0150-0758-0 :: ~'-: .:. : .. ;;-::-.-:~ .~;';"-~.---.: ..... -~ .. ::.: ... ;\!.,):;.:: ...... ', -. _. -----' --~-:-<-;:::- 3Ml ™ Sun Control Window Film Warranty CODBmerciaiLimited 12 Year Product 'Warruty WaH'll"8lI1Ity ID# Product Wammty, LimAted Remedy and JDiscllllinnlleB": 3M Company and the 3M Authorized Window Film Dealer (collectively referred to as "Seller") warrant for Twelve (12) Years from installation, and provided that the product is maintained in accordance with the Window Care Instructions below, that the 3M-Sun Control Window Film will: o Maintain Solar Reflective Properties without cracking, crazing, or peeling o Maintain Adhesion Properties without blistering, bubbling, or delaminating from the glass Ii) Maintain .Appearance without discoloration DfttBBe 3M prodllld does 1I1Ot confemn to ¢bUs WlilmIIIIty, aline sole ud eJIcDUsDve remmeGlly is: G) Replacement of the Qu8llltity of Film proved to be defective; and II) Provide Removal acllllteappllicadiOBll JLaboll' of !lib ql!DaBity lP'rodlIBet 1Iiree of lellnmtrge Seller also warrants againSt glass fmillllJl'e due to thermal shock fiacture, (maximum value of $500 per window) caused only as a direct result of the application of 3M Sun Control Window Film provided the film is applied to recommended types of glass and the glass failure is reported to the Seller within the specified time (listed below) from the start of the installation. .., -Sixty (60) months coverage against thermal shock fracture o Any glass fai1ure covered by this wmanty must be reviewed by Seller prior to repair, and only covers film and glass replacement. This wammty is only to the original purchaser of the Product(s) from Seller, is not transferable and is further subject to the tenDs and conditions set forth herein. 3M MAKES NO OTHER. EXPRESS OR IMPLIED WARRANTIES OR CONDmONS, INCLUDING ANY IMPLIED WARRANTY OF CONDmON OF MERCHANTABllTY OR FITNESS FOR A PARTICULAR PURPOSE. Except where prohibited by law, 3M will not be liable for any indirect, special, incidental or consequential damages, regardless of the legal theory asserted. The Product Warranty applies only when Product is maintained in accordance with Window Care Instructions, when the Product is properly inStalled. This Product Warranty does not cover misuse, abuse or acts of God. TIIis hodllBd W8IlftDty covers U.s. bstaUstions only. Claims Process: To obtain wauanty service, please contact your 3M Authorized Window Film Dealer at: Important Notice: Window Care instructions 3M Sun Control Window Films may be washed wi1h common washing solutions, including ammonia-based products, tbDrty (3D) days after instaDation. Abrasive type cleaning agents and bristle brushes which would scratch the film must not be used. Synthetic sponges, squeegees, or soft cloths are recommended to be used with the cleaning solution. To maintain your wa1l"V'snty, do Dot use tape or other adhesive produc:ts Ollll the film. Important Notke: Temporary Appearance: After installation, there may be a hazy appeamnce on yom windows. This condition is temporary and is caused by the moisture that is present when applying the film. This hazy appearance will disappear after the film dries which may take up to thirty (30) days for the film to completely dIy. Cold weather conditions may require additional time. ProdUct Number: RuIllNumber: Sq. Ft. olf Glass Coveretll: . .;: ...... :.~.~ .. : Sou~'Jiami THE CITY OF PlEASANT I.IVING SCOPIE OF SIESYDCIE$ The work specified in this Solicitation shall consist of furnishing all goods. materials. supplies and services to perform the work described in die Scope. This inducies, but is not limited to the furnishing al! labor of Contractor and the labor of all a1lowab!e subcontractors. and cost of disposad of materials as well as ail nec~ machinery. tools, transportation. equipment rental and permits. to perform all of the Work described In the Scope of Services and which is necessary to provide a compBetedl project that meets aBl of the needs described in this Scope of Services. Permit fees are waivec:II for permits required to be issued directly by the City of South Miami. Permit fees from other government entitles. if required, shall be the responsibility of the RespondentlContractor however, in all cases; it is the responsibiUity af RespondemsJContractors to secure an" aurn«lllIlIlO pew'Il'tr1IDts that may be required for this project. Scope of work involves the Contractor supplying and applying 4dILow IE" window film to the interior window surfaces for the City locations described in the Sccpep 180 Site locatioU'lSo The City will remove any and all existing window coverings; such as blinds an~or shades from existing windows located in the project areas. The purpose of applying the ul!..cw IE" window film is to retard the flow of heat energy through the windows. RespondellDtls to this SolidfUBdollD sloG" contimo tlhe" arre certified to Inst«lJ'6 "Low-E-window film gIlD G«otrdGIlBCe whiJrJ MGIIDQ//(acWues spedfJcatiom GllIId requirements. Work actmty OS Domfitecll tc the hOllDlr$ f&ocm 7:Ot!» LM. tlhll1'«IlllDgh S:@(l)J p.mo p @U'il weekdays from Monellay thll"Ough friday. DUO. Site !Locations: The project is located at two City locations: I. City of Sollllth Miami, CIty IHmBB Chambers located at: 6130 Sunset Drive, South Miami. Fl, 33143. 2. City of South Miami, Gibson .. Betheil Community Center located at: S800 SW 66 Street. South Miami. Flo 33143. Note: Contractor is respcnsibBe for the exatt dimensions of each window, and numbetr of windows, and shaBO IDe reflected in Contractors proposal. The Contractor shall quote two sSlow .. !" abrasion resistant films, OpttUOD'll #0 mn«ll OptiOB'll #1 listed below. Window Films quoted must meet or exceed the following manufacturers: (II llMl Sun C@ntlr@/l WDO'IId<i»w fFUDms, ~ll"eSdp ~es for Commerclall o &stman <CltnemDcczll p ILlLumavr Commell"CBIIlII ILow Ie $eries wandlow !FiRm Contractor shall quote the following: fa OptDotm #0: faOm mdiJ a Heat IGimODll Ccefrliidem ~ge «»ft @o~$ fco ®o~$jj Toll'ilt !!..ewell 2@. o OptiiOIll m: !PoDm wntlhl at lM1emt Gmilrn «::Mfiicoem ~. off @.45 t~ @.5 9 1l1l1'ilt tbeveU 7@. The ~ontractor shaBft provide. as a part of their proposal, Samples of the Product,S Quoted, the ManufactUrer of the Window film and mil applicable Specifications and/olT' "Cut- Sheets'· for the products quOted. The City shall decide. at its sole discretion, whieh film products quoted, either @ptii@l1ll#o or @ptkJlI)) iJII."J.. will· be applied at each Ciqf .Iocation. The project shall be completed within 45 WomU1lll!)ays from a Notice tolPO"oceed. Contractor shall submit. as a part of their proposal. the standard manufactUrer's warranty. Manufacturer's warranty shall contain a warranty against glass failure due to thermal shock factUre of the glass and/or seal failure of the window unit with a maximum value of $500 per window: provided the film is applied to recommended types of glass and the failure oc:curs within a minimum of Sixty (60) months from the date of project completion. Contractor shall warrant the application and installation of the "low-En film and shall be warranted for a minimum period of five (5) years in that the film will maintain solar reflective properties without cracking, crazing, delaminating, bubbling or peeling. In the event the product is found to be defective under warranty, Contractor Will replace such quantity of the film to be defective and will additionally prOVide the removal, and reapplication labor free of charge. END OF SECTION from: Sam: Cc: Subjed: Kulick. Steven P Monday. December 18. 201712:21 PM VVeb~.John;Pough.Quentin Low E Window Film High The City appreciates your attendance today at the facility walk-through. To confirm" quotes shall indude the following products: 1. Night Vision 25 2. Prestige 40 ~f you have any further ques1l:ions, please send an emaol1to my attention. Thanks, Sti:e\fEIlil KIlJIUi«:ikg C.iPl .M. Chief Procurement Officer/Procurement Division City of South Miami -6130 Sunset Drive -South Miomi, FI 33143 Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiami/l.gov •• 'I!iIifiIP 1 EXHIBIT 2 CONTRACT-fOR THE SUPPLY AND INSTAllATION OF lOW EWINOOW TINT FUM & Insurance and Dndemnifilcation Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as HFiRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITV shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute diScretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the !=IRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRMis obligations under the Contract. firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Uabilitv insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: .. Personal Injury: $1,000,000; o Medical Insurance: $5,000 per person; o Property Damage: $500,000 each occurrence; Umbrella Comrnefda. Comprehensive General Liability insurance shall be written on a Florida approved form with the same c;overage as the prim;ary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage ee) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Uability. !Business AUtomobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and &tended Coverage insurance (Builders' Risk), OF APPUCABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or ifthe machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal tothe replacement and actual cash value of the insured property. The policy shall be in the name of the CITV and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below sha II apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITV, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved bV the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: !he City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage Bn; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for Ulon-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materiallv modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus Jines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Dndemnification ftG!quiremem A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which (night arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property ariSing out ota negligent error, omission, misconduct, or any gross negligence. intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in I.aw or equity brought against them and arising from the negligent error, omission, ··or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. lEND OF DOCUMENT