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4THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: FROM: DATE: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager January 16, 2018 Agenda Item NO':# 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 2S 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 Chemicai/liumar 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 CHAMBERS COMMUNITY CENTER COMBINED 3M Night 3M 3M Night 3M 3M Night 3M VENDOR Vision 25 PRESTIGE 40 Vision 25 PRESTIGE 40 Vlslon ZS PRESTIGE 40 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. 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into an agreement 3 with Solar Tint, Inc., for the supply and installation of Low-E window tint 4 film for the City Hall Chambers and Gibson-Bethel Community Center. 5 WHEREAS, the City desires to reduce the flow of heat energy by installing Low-E 6 window tint film at the City Hall Chambers and Gibson-Bethel Community Center; and 7 WHEREAS, Low-E window tint has other benefits such as heat rejection, energy 8 savings, improved comfort, and reduce harmful UV rays; and 9 WHEREAS, after a competitive process in conformance with the City Charter and 10 the City's purchasing policy and procedure, the City is recommending the installation of 113M product "Night Vision 25" window film and installed by an authorized 3M dealer that 12 provided the lowest bid for the product; and 13 14 WHEREAS, the expense of $10,254.90 for this service will be charged to Account 15 001-1710-519-4670, Public Works Building Maintenance ($1,749.00) with a balance of 16 $52,970 prior to this request, and Account 301-2000-572-6450, Parks and Recreation 17 Improvements ($8,505.90) with a balance of $614,666 prior to this request. 18 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 20 THE CITY OF SOUTH MIAMI, FLORIDA; 21 Section 1. The City Manager is authorized to enter into an agreement with Solar 22 Tint, Inc., for the supply and installation of Low-E window tint film for the City Hall 23 Chambers and Gibson-Bethel Community Center for an amount not to exceed 24 $10,254.90. A copy of the agreement is attached. 25 Section 2. Severability. If any section, clause, sentence, or phrase of this 26 resolution is for any reason held invalid or unconstitutional by a court of competent 27 jurisdiction, this holding shall not affect the validity of the remaining portions of this 28 resolution. 29 Section 3. Effective Date: This resolution shall take effect immediately upon 30 enactment. 31 32 33 34 35 36 37 38 PASSED AND ADOPTED this _ day of ___ -', 2018. ATIEST: APPROVED: Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 l3 CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATIORNEY Page 2 of2 MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Edmond: 5887 S.w. 70th Street South Miami, FL 33143 Tel: 305-663-4663 . Fax: 305-663-3264 NAME: CITY OF SOUTH MIAMI STREET: 6130 Sunset Drive CITY: Miami, FL 33143 Steven Kulick DESCRIPTION Glass Panes Glass Panes 3M PRESIGE 40 3M NIGHTVISION 25 INSTRUCTIONS: PRESTIGE -15 year warranty NIGHTVISION -12 year warranty AMOUNT 9 9 LOCATION Gvm Gym FAX: 305-663-6339 FILM TYPE: 3M A.uthorized Window film Dealer Prestige Dealer Network DATE: 12/18/2017 3M PRESTIGE 40 or 3M NIGHT VISION 25 JOB DATE: JOB SITE: S2E SQ. FT. PRICE 96 40 240.00 40 31 77.50 Sa. Ft. 317.50 Grand Total: $3,021.00 Grand Total: $1,749.00 We hereby propose to fumish labor and materials -complete in accordance with the above specifica~ions, 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. 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. Authorized 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: 305-663-4663 . 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 year warranty NIGHTVISION -12 year warranty AMOUNT 4 6 3 60 3 18 16 8 2 LOCATION Gym Gym Gym Lobby Lobby Lobby Lobby Lobby Lobby FAX: 305-663-6339 FILM TYPE: aNI Authorized Window Film Dealer Prestige Dealer Network DATE: 12/18/2017 3M PRESTIGE 40 or 3M NIGHT VISION 25 JOB DATE: JOB SITE: s •• 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 CharQes: $871.90 GRAND TOTAL: $8,505.90 We hereby propose to furnish 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. 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. Authorized 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: SIGNATU~E: hrtn.~~wn--------------­www.SOlartlilbiiC.COiii 1/3/2018 PROFESSIONAL Window .,... t I In ers Job 10 23614 Cust # 22941 CITY OF SOliTH 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 Man 11211812017 1 6:00AM Mon-Fri 8:30 to 5:00, Sat 9:30 to 3:30 E1_iil~ Email: SKULICK@SOUTHMIAMIFL.GOV 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 : ~uote good until: Payment Terms: Area Panes CITY HALL CHAMBERS CITY HALL CHAMBERS Section Total Panes Total LIZ WALLACE -305-261-7400 1/1812018 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 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 Dr materials will result in additional charges to the amount indicated above. Professional Window Tinters of Miami Inc. is not responsible for lass breakage during film removal. There must be clear access to all lights. No verbal orders recoanized. 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 wHl be assessed on all past due accounts not secured by a credit card. All deposits are non-refundable. All sales are Final. 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 insuffiCient 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 annot be comoleted due to delaYs beyond our control this balance is still to be Daid comDletely. 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:/Ipwt.tintprogroup.com/asp/ad min/p _files/jobdocs/23614.12840. QT. htm 1/1 1/3/2018 PROFESSIONAL Window Tinters 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 112/18/2017 -' 6:00AM Mon-Fri 8:30 to 5:00, Sat 9:30 to 3:30 [!!II... . ..... ~ IR" . ~ .. ;C .. =: WSA-.. -~ •• ",- ~ , Email: SKULICK@SOUTHMIAMIFL.GOV Project: CITY OF SOUTH MIAMI STEVEN KULICK, CITY HALL CHAMBERS 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143 Work: 305-663-6339 Email: SKULICK@SOUTHMIAMIFL.GOV Sec Ln 1 1 2 Salesperson: Quote 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 or materials will result in additional charges to the amount indicated above. Professional Window Tinters of Miami Inc. is not responsible for lass 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. All sales are final. 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 insufficient unds. Any balance 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 cannot be comDleted due to delays beYond our control this balance is still to be Daid comDletelv. Acceptance of Proposal! 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. W Date Customer Signature Authorized Dealer Signature https:llpwt.tintprogroup.com/asp/admin/p_filesljobdocsl23614.12846.QT.htm 1/1 12120/2017 Window Tinters Job 10 23615 Cust # 22942 CITY OF SOUTH MIAMI STEVEN KULICK 7385 Bird Rd (40th St) Miami, FL 33155 Dade: 305-261-7400 Fax: 305-261-9089 Proposal Work: 305-663-6339 Email: SKULlCK@SOUTHMIAMIFL_GOV GIBSON-BETHEL COMMUNITY CENTER 5800 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: 305-663-6339 Email: SKULICK@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 LIZ WALLACE -305-261-7400 1/18/2018 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: . ~uote good until: Payment Terms: 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 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 or materials will result In additional charges to the amount indicated above. Professional Window Tinters of Miami Inc. Is not responsible for lass breakaoe during film removal. There must be clear access to all lights. No verbal orders recoanlzed. htlps:llpwt.tintprogroup.com/aspladminlp_filesljobdocsI23615.12842.QT.htm 112 12/20/2017 PROFESSIONAL Window Tinters 7385 Bird Rd (40th St) Miami, FL 33155 Dade: 305-261-7400 Fax: 305-261-9089 proposal Work:30s.&63-&339 Proposal Mon 112/18/2017 1 6:00AM Mon-Fri 8:30 to 5:00, Sat 9:30 to 3:30 1l!!:1 __ ~ Job ID 23615 Cust # 22942 CITY OF SOUTH MIAMI STEVEN KULICK Email: SKULICK@SOUTHMIAMIFL.GOV GIBSON-BETHEL COMMUNITY CENTER 5800 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-&63-&339 Email: SKULlCK@SOUTHMIAMIFL.GOV Sec Ln 1 1 1 2 1 3 1 5 1 6 1 7 1 8 2 9 2 10 3 11 Araa 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 LIZ 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 PRESTIGE 40 35.5 40.0 3M PRESTIGE 40 22.0 40.0 3M PRESTIGE 40 27.0 71.0 3M PRESTIGE 40 40.0 40.0 3M PRESTIGE 40 40.0 40.0 3M PRESTIGE 40 23.0 40.0 3M PRESTIGE 40 $11,578.00 45.0 84.0 3M PRESTIGE 40 45.0 84.0 3M PRESTIGE 40 $2,756.25 45.0 31.0 3M PRESTIGE 40 $305.00 Subtotal $14,837.25 Order Total $14,837.25 ~alasperson: ~uote good until: 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 or materials will result in additional charges to the amount indicated above. Professional Window Tinters of Miami Inc. is not responsible for lass break~_ge during film removal. There must be clear access to allllQhts. No verbal orders recognized. htlps:llpwt.tintprogrou p.com/asp/admin/p _filesfjobdocs/23615.12B41.QT.htm 1/2 THE 'CITY-OF PLEASANT I.JVING 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 and 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 certified to install "Low-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: • 3M 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 0.38; 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 1 CONTRACT FOR THE SUPPLY AND INSTALLATION OF LOW E WINDOW TINT FIM THIS CONTRACT, entered into this __ day of , 20-, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to asthe "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL., E-mail: salexander@southmiamifl.govand Solar Tint, Inc., with an office and principal place of business located at S887 SW 70 Street, Miami, FL 33143, and E-mail address of rflores@solartincinc.com and Facsimile transmission number of 305/663-3264 (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of the supply and installation of Low EWindowTint Film at various Citv facilities; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and' in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) " Contractor's proposal or quote; Exhibit 1 2) Contract Documents: The Contract Documents shall include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) " Scope of Services; Exhibit 1. " CITY's Insurance & Indemnification Requirements, Exhibit 2. This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is ofthe essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: Robert Flores, e-mail: rflores@solartincinc.com; Fax: 305/663-3264 Street Address: 5887 SW 70 Street, Miami. FL 33143. 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked dacu ments". 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) shall be as set forth in CONTRACTOR's response to the CITY's written solicitation or as set forth in, or modified by, one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for N/A, or unless earlier terminated according to the Contract Documents. An extension of the term of this Contract is at the CITY's sole and absolute discretion. The contract may not exceed five (5) consecutive year 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 13) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 15) Jury Trial Waiver: The parties waive their right to jury trial. 16) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and ifthis Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality 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 failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 17) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate publiC records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains publiC records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of publiC records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL.33 143. 18) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 19) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 20) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 21) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Solar Tint, Inc.: Witnessed: By:-::-_---, __ ---:-___ _ [name of signatory[ ATTESTED: By: ____ --,--__ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: _______ _ City Attorney CITY OF SOUTH MIAMI By: ________ _ Steven Alexander City Manager EXHIBIT 1 CONTRACT FOR THE SUPPLY AND INSTALLATION OF LOW E WINDOW TINT FIM • Contractor's proposal • Scope of Services aNI 5887 S.w. 70th Street South Miami, FL 33143 Authorized Window J'"ilm Dealer Prestige Dealer Network Tel: 305·663-4663 . Fax: 305--663·3264 NAME: FAX: DATE: lTV OF SOUTH MIAMI 305·663·6339 12/18/2017 STREET: FILM TYPE: 130 Sunset Drive 3M PRESTIGE 40 or 3M NIGHT VISION 25 JOB DATE: iami, FL 33143 JOB SITE: teven Kulick DESCRIPTION AMOUNT LOCATION S., SQ FT PRICE Glass Panes 9 Gym 96 40 240.00 Glass Panes 9 Gym 40 31 77.50 Sq. Ft. 317.50 3M PRESIGE 40 Grand Total: $3,021.00 3M NIGHTVISION 25 Grand Total: $1,749.00 INSTRUCTIONS: PRESTIGE -15 year warranty NIGHTVISION -12 year warranty We 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. 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 9la&s breakage during the removal of existing film and adhesive. Authorized 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: 305-663-4663 . Fax: 305-663-3264 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 year warranty NIGHTVISION -12 year warranty AMOUNT 4 6 3 60 3 18 16 8 2 SITE: LOCATION Gym 83 Gym 83 Gym 31 Lobby 40 Lobby 40 Lobby 40 Lobby 40 Lobby 40 Lobby 70 FAX; S., 45 45 45 39 23 39 36 22 27 Sq. Ft. Authorized Window film Dealet Prestige Dealer Network SO FT PRICE 103.75 155.63 29.06 650.00 19.17 195.00 160.00 48.89 26.25 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 We 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. 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. AuthorizedSignature: ___________________ _ 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: SIGNATU~E: hrti1· ==mr--------------WWW.SOlai1llltiIIC.COIII Heat rejection by day. View perfection by night . . Benefits • Great 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 significantly reducing harmful UV rays, the largest cause of fading • Helps reduce glare and eye discomfort • Excellent scratch- resistant coating • 3M nano-technology enhances color stability • Comprehensive warranty from 3M Product Performance and Technical Data Film Type ; , Warranty and Limited Remedy: 3M warrants that each 3M product meets the applicable 3M product specification at the tlma 3M ships the product. 3M MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS,INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If the 3M product does not conform to this warranty, the sole and exclusive remedy is, at 3M's option, replacement 01 the 3M product or refund of the purdlase prk:e. Limitation of Liability: Exceptwhere prohibited by law, 3M will not be liable for sny loss or damage arising from the 3M product, whether direct, indirect, special, incidental or consequential, regardless ofthe legal theory asserted. Renewable Energy Division 3M Center, Building 235-25-27 St_ Paul, MN 55144-1000 3M.com/WindowFilm 3M and Night Vision are trademarks of 3M Company_ Used under license by 3M subsidiaries and affiliates. Please recycle. @ 3M 2016. All rights reserved. 98-0150-0758-0 btul hff2F wi Solar Heat m~k ReductIon 3M ™ Sun Control Window Film Warranty Commercial Limited 12 Year Product Warranty Warranty ID# Product Warranty, Limited Remedy and Disclaimer: 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: • Maintain Solar Reflective Properties without cracking, crazing. or peeling • Maintain Adhesion Properties without blistering, bubbling, or delaminating from the glass • Maintain Appearance without discoloration If the 3M product does not conform to this warranty, the sole and exclusive remedy is: • Replacement of the Quantity of Film proved to be defective: and • Provide Removal and Reapplication Labor of like quality Product free of charge Seller also warrants against glass failure due to thermal shock fracture, (maximum value of $500 per window) caused only as a direct result of the application of 3M SUD 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 (listedIJelow) from the start of the installation. • Sixty (60) months coverage against thermal shock fracture • Any glass failure covered by this warranty must be reviewed by Seller prior to repair, and only covers film and glass replacement. This warranty is only to the original purchaser of the Product(s) from Seller, is not transferable and is further subject to the terms and conditions set forth herein. 3M MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF CONDITION OF MERCHANTABLITY OR FI1NESS 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. This Product Warranty covers U.S. Installations only. Claims Process: To obtain warranty service, please contact your 3M Authorized Window Film Dealer at: Imoortant Notice: Window Care Instructions 3M Sun Control Window Films may be washed with common washing solutions, including ammonia·based products, thirty (30) days after installation. 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 warranty, do not use tape or other adhesive products on the film. Important Notice: Temporary Aopearance: After installation, there may be a hazy appearance on your windows. This condition is temporary and is caused by the moisture that is present when applying the fihn. This hazy appearance will disappear after the film dries which may take up to thirty (30) days for the fihn to completely dry. Cold weather conditions may require additional time. Product Number: Run Number: Sq. Ft. o{Glass Covered: 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 and 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 certified to install "Low-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-En abrasion resistant films, Option # I and Option #2 listed below. Window Films quoted must meet or exceed the following manufacturers: • 3M Sun Control Window Films, Prestige Series for Commercial • Eastman Chemical, LLumar Commercial Low E Series Window Film Contractor shall quote the following: • Option #1: Film with a Heat Gain Coefficient Range of 0.28 to 0.38; Tint Level 20. • 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: Ku lick, 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 Miomi -6130 Sunset Drive -South Miomi, FI 33143 Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiami/I.gov 1 EXHIBIT 2 CONTRACT FOR THE SUPPLY AND INSTALLATION OF LOW E WINDOW TINT FIM • Insurance and Indemnification Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" 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 CITY 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 FIRM'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 FIRM's 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 Liability 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; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive Generalliabilitv insurance shall be written on a Florida approved form with the same coverage as the primary 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 ofthe 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 (e) 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 Liability. 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 ofthe 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 Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: 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 if the 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 to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY 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 shall 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 ~ollectible 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 CITY, 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 by 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: "The 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 B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-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 materially 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 lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might 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 of a 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 law 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 ofthe 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 ofthe 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. END OF DOCUMENT