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Res No 042-23-15976RESOLUTION NO. 042-23-15976 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AN D AW ARD ING AN AGREEMENT TO GML CONSTRUCTION INC. FOR ROOFING SERVICES AT THE SYLVA MARTIN BUILDING LOCATED AT 6130 SUNSET DRIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE ROOFING SERVICES; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DA TE. WHEREAS, the existing roof at th e C ity of South Miami's (the "City") Sylva Martin Building located at 6130 Sunset Drive is approximatel y 19 years o ld and experi encing damage due to numerou s leaks; a nd WHEREAS, the u seful li fe of th e roof has b een exceeded a nd is dete riorating daily, a nd roof leaks have also caused interior damage du e to water intrus ion , th ereby necess it ating exigent rep lacem ent of the roof; a nd WHEREAS, th e C ity obtain ed quo tes fro m 3 different vendo rs fo r roofing services for the Sylva Martin Building, a nd GML Co nstruction [n c . ("Contractor") was th e lowest a nd most respons ive bidder; and WHEREAS, th e Co ntractor 's propo sal attached hereto as Exhibit "A" in c lu des the pe rmit, inspecti on s, removal of the ex is ting roof, in s tallation a nd a I 0 -year manufacturer warranty ("Services"); and WHEREAS, the Con tractor's proposal pro v id es for a cost of $43,580 plus a 5% contingency of $2,179 for any unplann ed ex pe nses, for a total not to exceed cost of $45 ,75 9. The cost s hall b e funded a nd charged to t he depai1mental Capital Improvement acco unt number 30 l- 17 90-5 19-6450, which h as a c urre nt ba lance of $928 ,994 before thi s requ est ; and WHEREAS, the C ity Co mmi ssio n wis hes to select t he proposal of the Contractor attach ed hereto as Exhibit "A" a nd award a n agreement for th e services , and a uthori ze the C ity Manager to negotiate w ith the Contractor a nd execute an agreement for t h e Services, s ubj ect t o th e ap prova l o f the C ity Attorney as to from and legal s uffic ie ncy; and WHEREAS, th e City Co mmi ss ion finds that thi s R eso lution is in t h e best interest and welfare of the C ity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA : Section 1. Recitals Adopted. T he forego ing recital s are h ereby ratified a nd confirmed as being tru e and they are inco rp orated int o thi s Resoluti on b y reference as if set fort h in full herei n. Page 1 of 2 Res. No. 042-23-15 976 Section 2. Selection of Contractor and Award of A greement. The C ity Commission hereby selects the Contractor's proposal fo r the Services and awards the Co ntra ctor an agreement for the Services. Section 3. Authorization to N egotiate and Execute Agreement: Expenditure of Funds. The C ity Manager is authori zed t o nego ti ate a nd execute an agreement with the Contractor for the Services on behalf of the City, consistent w ith t he proposal of the Contractor attached hereto as Exhibit "A", subject to the approval as to fonn and legal sufficiency by the City Manager and C ity Attorney. The City Ma nager is hereby authori zed to expend an amount not to exceed $45,759 for the Services, and the cost sh all be fun ded and charged to the departmental Capital Impro vements a ccount numbe r 30 l-1 790-5 19-6450, which h as a c urre nt balance of $928 ,994 before thi s request. Section 4. Implementation. That the C ity Manager is authorized to take a n y and all actions necessary to implement the Serv ices, the agreement fo r t h e Services, and the purposes of thi s Resolution. Section 5. Corrections. Conforming language or technical scriven er-type corrections may b e made b y the City Attorney for any confo nning am e ndments to b e in corporated into the final resolution for s ignature. Section 6. Severabilitv. If any secti on cl a use, sentence, or phrase of this Resolution is for any reaso n held invalid or uncon s titutiona l by a co urt of competent j uri s diction, the h o lding s ha ll not affect the validity of the remaining portions of thi s Resolution. Section 7. Effective Date. This Reso lution s h all become effecti ve immed iately upo n adoption. PASSED AND ADOPTED thi s 18th day of A pril , 2023. ATTEST: ~&~ READ AND APPROVED AS TO FORM, COMMIS SION VOTE: 5-0 LANGUAGE, LEGA LITY AND Mayor Fernandez: Yea EXECUTION THEREOF V ice Mayor B onich: Yea Commissione r Call e: Yea Commi ssion er Corey: Yea Co mmiss io n er Liebman: Yea ' C ITY ATTORNEY Page 2 of 2 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: April 18, 2023 Submitted by: Andrea Gaitan Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING AN AGREEMENT TO G.M.L. CONSTRUCTION, INC. FOR ROOFING SERVICES AT THE SYLVA MARTIN BUILDING LOCATED AT 6130 SUNSET DRIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE ROOFING SERVICES; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS DEPT.) Suggested Action: Attachments: Sylva_Martin_s_Roof-_Memo_ (1).docx Reso_Selecting_and_Awarding_GML_Construction_Roof_at_Sylva_Martin_CAv2.docx Exhibit A - GML Construction Sylva Martin Roof Quote.pdf GARP Construction Group- Sylva Martin Roof.pdf Heights Roofing Inc- Sylva Martin Roof.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:April 18,2023 SUBJECT:A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $43,580 FOR GML CONSTRUCTION TO REMOVE THE CURRENT ROOF AND INSTALL A NEW ROOF AT SYLVA MARTIN BUILDING LOCATED AT 6130 SUNSET DRIVE. RECOMMENDATION:Authorize the City Manager to spend an amount not to exceed $43,580 for removal and installation of a new roof at the Sylva Martin Building. BACKGROUND: The existing roof is approximately 19 years old and is experiencing damage due to numerous leaks. The useful life of the roof has been exceeded and it is deteriorating daily. The proposal includes the permit, inspections, removal of the existing roof, installation, and a 10-year manufacturer warranty. The City obtained quotes from 3 different sources and GML Construction was the most responsive bidder. FUNDING: Account No.: 301.1790.519.6450 (CIP) which has a current balance of $928,994 before the request was made.A 5% contingency of $2,179 will be included for any unplanned expenses for a total not to exceed cost of $45,759. SUPPORT:Quote 1. GML Construction 2. GARP Construction Group Inc. 3. Heights Roofing Inc. Below you will find a breakdown of the quotes provided: GML Construction $43,580 GARP Construction Group Inc.$44,549 Heights Roofing Inc.$58,400 ATTACHMENTS: Resolution Quotes 2 5 GML CONSTRUCTION Lie. C.G.C. # 1527901 C.F.C. # 1431649 C.U.C. # 1225951 C.M.C. # 1251098 C.C.C.#1334116 PROPOSAL/ESTilVIATE 4704 SW 75 AVE. MIAMI, FL. 33155 Tel. 786-724-5054 info@gmlconstructions.com www.gmlconstructions.com March 08,2022 To: South Miami Building Department Job Address: 6130 Sunset Dr South Miami FL 33143 We hereby submit specifications for: New Shingle Roof System 46 Obtain roofing permit and register a Notice of Commencement with the Clerk of Court. Remove existing roof down to the wood deck. When rotted plywood exceeds 100 square feet of 5/8" CDX Plywood or 150 linear feet ofV-joint, additional wood will be charged at $120.00 per plywood and at $10.50 per linear feet ofV-joint. When rotted fascia exceeds 50 linear feet, additional wood will be charged at $10.50 per linear feet. Prices includes labor and materials. Re-nail existing wood deck with 8D (2.5") Ring Shark Coil Nails. Furnish and Install one ply of#30 ATM felt paper mechanically fastened with¾ or 1-1/4" Ring Shark Coil Nails and 1-5/8 galvanized round Tin Caps. Furnish and install new 3" Painted any Color Eave Drip ____ ~ along roof edge mechanically fastened with 1-1/4 Ring Shark Coil Nails. Furnish and install new 16" valley and counter flashing wherever necessary and seal with asphalt membrane and flashing cement. Furnish and install all new lead flashing and GRV Roof Vents as per manufacture's. Furnish and Install TAMKO or GAF Dimensional ______ mechanically fastened with 1-1/4 Ring Shank Coil Nails. Haul away all roof debris, leaving premises in clean condition. Contract price includes roofing permit, inspections, labor and materials. NEW ROOF SYSTEM IS GUARANEE FOR 10 YEARS FROM DATE OF COMPLETION. We propose hereby to furnish materials and labor-complete in accordance with the above specifications, for the sum of Total $43,580.00 Payment to be made as follows: 15% when contract is signed, 45% pt day of work, 35% when tin cap/ shingle in progress approved; and 10% upon job completion. Authorized Signature ____________ _ Note: This proposal may be withdrawn by us if not accepted within 30 days. Owner Signature_____________ Date of Acceptance ______ _ 6 Lay01loc~: Technology l !:'. ,f ' ' , ' I \ .... ?. f, ,_., •' •} I' r : 3 . ) . ,· J r -. I ,_ ·, i ' 4. 1 C 1•-=-\rt ,->(..., k } .r I ~..... -... ./-, t), ,, 1 I I L ;· ,r 7 8 GARP CONSTRUCTION GROUP INC CCC1329807 / CGC152037O 8294 NW 66th St Miami, FL 33166 US (305)602-0400 garp_construction@live.com Estimate ADDRESS City Of South Miami South Miami City Hall Sylva Martin Building (Building Deparment) 6130 Sunset Drive South Miami, FL 33143 SHIP TO City Of South Miami 6130 SUNSET DRIVE South Miami, FL 33143 ACTIVITY Re-roofing -SHINGLE DIMENSIONAL REMOVE OLD ROOF , RE~NAIL ALL DECK , PROVIDE AND INSTALL NEW 30# FELT ASTM D226 1.25 R/S NAILS 5/8 TIN CAPS 6" O.C. 12"O.F AND INSTALL NEW GALVANIZED METAL 3"X 3" FACE 26 GA 1.25 R/S NAILS, INSTALL NEW LEADS BOOT AND PROVIDE AND INSTALL NEW SHINGLE TAMKO Dimensional the cost of the crane, materials, roofing permit, inspections, and wind calculation are included and Remove all job related trash and debris form job site and dispose of properly. QTY 5,383 Plywood Sheathing Provided and install new 5/8 plywood in entired roof over the existing wood deck fastener with 2- 1 /2" RS nails @6" OC Contract Terms & conditions 1/2 (1) GARP CONSTRUCTION GROUP INC. CARRIES FULL INSURANCE AS REQUIRED BY FLORIDA LAW (PROPERTY DAMAGE AND WORKMAN'S COMPENSATION), BUT SHALL NOT BE HELD RESPONSIBLE FOR DAMAGES EITHER BEFORE COMMENCEMENT OF, DURING THE SAID WORK OR AFTER SAID WORK, CAUSED BY STRIKES, WAR, ACTS OF GOD, SUDDEN RAINS, STORMS, WINDSTORMS, MATERIAL SHORTAGE, OR ANY OTHER EVENT BEYOND OUR CONTROL. 1 ESTIMATE# 4294 DATE 03/10/2023 RATE 6.50 9,560.00 0.00 AMOUNT 34,989.50 9,560.00 0.00 9 ACTIVITY (2) IN THE EVENT PAYMENT IS NOT MADE, ALL FEES INCURRED IN COLLECTION, SUCH AS ATTORNEY FEES, COURT COSTS OR COLLECTION AGENCIES ARE TO BE PAID BY SIGNER OR OWNER. (3) ANY INTERRUPTION IN THE WORK AGREED UPON IN THIS CONTRACT WHICH IS NOT THE FAULT OF GARP CONSTRUCTION GROUP INC, OR BEYOND THE CONTROL OF THE SAME, WILL BE BILLED. (4) WORK DONE, OR ATTEMPTED TO BE DONE, ON THIS ROOF BY OTHERS THAN GARP CONSTRUCTION GROUP INC. OR THEIR AUTHORIZED AGENTS, RELIEVES THEWARRANTOR FROM ANY FURTHER OBLIGATION THERE UNDER. (5) THIS GUARANTEE SHALL APPLY TO LABOR AND MATERIALS ONLY AND DOES NOT COVER DAMAGE TO PERSONAL PROPERTY WHICH OCCURS AS A RESULT OF LEAKAGE AFTER SAID ROOF IS INSTALLED. WE ARE NOT RESPONSIBLE FOR DAMAGE CAUSED BY TERMITES AFTER JOB IS FINISHED. (6) WE DO NOT GUARANTEE AGAINST LEAKAGE DUE TO; FOOTWEAR, IMPROPER BUILDING OR ROOF DECK CONSTRUCTION, FIRE, HAIL, TEMPEST OR HURRICANES NOR TO PUNCTURES MADE BY FASTENINGS OR WIRE FIXTURES, NOR THE ERECTION OF ANY HATCHWAY, PENT-HOUSE, FLAGPOLE, PIPE OR OTHER STRUCTURE, SUPPORT OR BRACE, SUBSEQUENT TO COMPLETION OF OUR WORK TO YOUR PROPERTY. (7) IF VENTILATION IS REQUIRED BY THE BUILDING CODE, IT SHALL BE ADDITIONAL TO OUR CONTRACT PRICE. (8) GAS VENT CAPS, STACKS, AND FLUES: THE CONSTRUCTION TRADE QUALIFYING BOARD RULED THE REMOVAL AND RE- INSTALLATION OF FLUE PIPES OR VENTS STACKS FOR WATER HEATERS AND BOILERS NOT CONSIDERED INCIDENTAL WORK BY A ROOFING CONTRACTOR. THEREFORE, IF THE GAS VENT STACK AND FLUE SYSTEM IS DISTURBED OR REMOVED, A PERMIT MUST BE OBTAINED IN ACCORDANCE WITH 301.1 (G}, 4001.4(A}, AND 4703.1 OF THE SFBC, USING A CONTRACTOR LICENSED IN THAT TRADE. (9) CUSTOMER IS RESPONSIBLE TO NOTIFY IN WRITING THE LOCATION OF EXPOSED SHEATHING, SEPTIC TANK, AND DRAIN FIELD. WHERE EXPOSED SHEATHING, HOLES AND OPENINGS EXIST, CUSTOMER QTY RATE AMOUNT 10 ACTIVITY QTY RATE AMOUNT SHALL PROTECT INTERIOR AND FURNISHINGS FROM FALLING SEDIMENTS AND DEBRIS FIL TERI NG THROUGH ROOF SHEATHING. (10) CUSTOMER SHALL REMOVE AND REPLACE AT ITS OWN EXPENSE ALL ELECTRICAL LINES, PHONE LINES, GUTTERS, SIGNS, PLUMBING, PIPES, SOLAR PANELS, AIR CONDITIONING UNITS, POOL SCREEN , RAIN GUTTERS , ALUMINUM TERRACE AND ANY OTHER ITEMS ATTACHED OR NEAR TO THE ROOF. (11) WE CANNOT BE RESPONSIBLE FOR SIDEWALKS, LAWNS, AWNINGS, AND FENCES FOR ACCESS TO THE BUILDING. (12) WE CANNOT BE RESPONSIBLE FOR CEILING DAMAGE DURING THE PROCESS OF ROOFING, CONDITION OF SOLAR, AND MORTAR MATCHING WITH COLORED TILE. (13) THIS CONTRACT COVERS ONLY WORK WHICH IS SPECIFICALLY DELINEATED HEREIN AND DOES NOT COVER ANY ADDITIONAL REPAIRS WHICH ARE FOUND NECESSARY AFTER COMMENCEMENT OF WORK. (14) GARP CONSTRUCTION GROUP INC. WILL NOT BE RESPONSIBLE FOR THE BUBBLING OF ROOFING FELTS ON THE ROOF DECK DUE TO HEAT EXPANSION. (15) GARP CONSTRUCTION GROUP INC. WILL NOT BE RESPONSIBLE FOR ANY PONDING OF WATER ON ANY FLAT DECK. (16) GARP CONSTRUCTION GROUP INC. WILL NOT BE RESPONSIBLE FOR BLENDING OF COLORS OF SHINGLE OR CEMENT TILE ROOFS DUE TO MANUFACTURER'S DIFFERENT RUNS OF MATERIALS. (17) GARP CONSTRUCTION GROUP INC. WILL NOT BE RESPONSIBLE FOR ANY WEATHERING OF WOOD DUE TO LEAKAGE THAT WAS NOT REPORTED DURING THE GUARANTEE PERIOD. (18) IN THE EVENT THAT IT IS FOUND THAT THERE IS DOUBLE ROOF, A FEE OF $1.00 WILL BE CHARGED PER ADDITIONAL SOFT. (19) GARP CONSTRUCTION GROUP INC. NOT INCLUDED ANY MECHANICAL, ELECTRICAL WORK, A/C, RAIN GUTTER, SOFFIT, STUCCO, PAINT, SOLAR PANEL, SATELLITE DISH OR GAS VENTS. Contract Terms & Conditions 2/2 1 0.00 0.00 (20) UP TO 5 SHEETS OF 4X8-5/8 PLYWOOD OR 10 TONGUE AND GROOVE AND 20' LF OF FASCIA ARE INCLUDED IN THIS PROPOSAL IF NEEDED ADDITIONAL SEE THE ATTACHMENT FEE SHEET. 11 ACTIVITY {21) WE WILL PROVIDE A 10 YEARS MANUFACTURER WARRANTY {FLAT). {22) WE WILL PROVIDE A 30 YEARS MANUFACTURER WARRANTY (CONCRETE TILE, METAL OR DIMENSIONAL SHINGLE). {23) GARP CONSTRUCTION GROUP INC. PROVIDE 10 YEARS WARRANTY ON LABOR. {WARRANTY FOR COMMERCIAL ROOF IS VALID ONLY IF SING MAINTENANCE CONTRACT). {24) GARP CONSTRUCTION GROUP INC: INCLUDED THE COST OF THE CRANE, MATERIALS, ROOFING PERMIT, INSPECTIONS, AND WIND CALCULATION ARE INCLUDED AND REMOVE ALL JOB- RELATED TRASH AND DEBRIS FORM JOB SITE. {25) NO CARPENTRY WORK, WOOD WORK OR PAINTING IS INCLUIDED IN THIS CONTRACT UNLESS MENTIONED IN SPECIFICATIONS. {26} THE OWNER HAS UP TO THREE DAYS TO CANCEL THIS CONTRACT. AFTER THREE DAYS, RATE MAY APPLY. {27) OUR LICENSE DOES NOT ALLOW US TO MAKE MODIFICATIONS TO ANY TYPE OF TRUSS IN THE STRUCTURE. WE CAN ONLY MAKE REINFORCEMENTS Chapter 558 Notice of Claim CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANTREQUIREMENTS YOU MUST FOOLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU, MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO THE CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AB=ND PROCEDURES UNDER THE FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. CONSTRUCTION INDUSTRIES RECOVERY FUND:PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOOSE MONEY ON A PROJECT PERFORMED UNDER QTY RATE AMOUNT 12 ACTIVITY CONTRACT.WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORI DA LAW BY A STATE LICENSED CONTRACTOR.FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING ADDRESS: 1940 NORTH MONROE STREET,TALLAHASSEE,FL 32399 1-GARP Construction Group Inc. Not included any mechanical, electrical work , A/C , rain gutter , soffit , stucco, paint , solar panel , satellite dish or gas vents • 2-up to 5 sheets of 4x8-5/8 plywood and 20' LF of fascia are included in this proposal If needed additional see the attachment fee sheet 3-We will provide a 10 years manufacturer warranty (FLAT) 4-We will provide a 30 years manufacturer warranty (CONCRETE TILE, METAL OR DIMENSIONAL SHINGLE ) 5-Garp construction group Inc. Provide 10 years warranty on labor. (Warranty for Commercial roof is valid only if sing maintenance contract) 6· Payment schedule: •20% Down Payment -30% Start Demolition -40% Start to Install cap-sheet or Shingle -10% Final work is complete and final inspection 7-GARP CONSTRUCTION GROUP INC : Included the cost of the crane, materials, roofing permit, inspections, and wind calculation are included and Remove all job related trash and debris form job site. Accepted By QTY RATE AMOUNT TOTAL $44,549.50 Accepted Date 13 ._ E~GHTS IR 00 F~ NG INC. 414 NW 9th Avenue Homestead, Florida 33030 (305) 247-7663 phone ■ (305) 24S-4203 fax WEBSITE: www.heightsroo6ng.com State Certified Roofing Contractor# CCC1329156 23-3/22 PURCHASER: City of -South Miami TEL: (786) 367-4930 JOB LOCATION: 6130 Sunset Drive South Miami Florida 33143 EMAIL : Chernandez@southmiami.gov DATE : March 22, 2023 CONTRACT AGREEMENT Heights Roofing, Inc. (hereinafter referred to as "Heights") agrees to provide all labor, material, tools, equipment and required Insurance to complete the job at the above address. Heights Is State Licensed and will pull a roof permit before commencing job. SCOPE OF WORK ♦ Remove the existing roof to a clean workable surface, haul away roof debris. ♦ Replace up to 200 square feet of rotten wood at no cost to owner. Any additional wood work will result In a charge of$ 125.00 per sheet and or$ 18.50 for T&G. ♦ Installation of a ASTM 30 Felt mechanically attached 1 ¼ roofing nails and 1 5/8" tin caps. ♦ Installation of all flashing in 26-gauge galvanized metal. ♦ Installation of Dimensional Shingles. ♦ Flat roof; Install a Tropical Roof Prime over existing roof deck over pressure wash. Install 3 layers of Tropical silicone roof coating. (GARAGE BUILDING ONLY} ♦ NOTE: Install a layer of CDX Plywood over exposed areas for the cost of $18,100.00. This price Is not Included below. GUARANTEE HEIGHTS ROOFING, INC. guarantees Its workmanship for a period of Seven (7) years on Shingle Roof. HEIGHTS ROOFING, INC. guarantees its workmanship for a period of I!,n (10) years on Flat Roof. QUOTATION The cost for the SHINGLE ROOF is . . ....•.••. .•...•. ...•.... ....••.. .....•. .......•....•. ..•.••. ...... .... $ 39,800.00 The cost for the FLAT ROOF is.............................................................................. $ 18,600.00 $58,400.00 PAYMENT SCHEDULE $ 19,272.00 Once contract signed 33% $ 19,272.00 Once roof dry-In completed 33% $ 14,600.00 Once Shingle in progress 25% $ 5,256.00 Once roof completed 9% This quotation is subject to change in accordance with the terms and conditions contained herein. This quotation is only vaUd for 10 days from the date Heights presents it and may be canceled at Heights' option if Purchaser falls to execute this contract within 10 days of presentment as noted beloW by Heights' authorized signature date. FLORIDA'S CONSTRUCTION LIEN LAW ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT•TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A nNOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. ACCEPTANCE OF CONTRACT Purchaser has carefu0y reviewed the pricing, specifications, terms and conditions contained on the front and back of this Agreement and its exhibits and finds them reasonable, satisfactory and acceptable. Purchaser understands and agrees that this agreement Is the complete statement of the agreement between the parties and that this written agreement supersedes all prior oral agreements and understandings including all oral representations, if any, by Height's agents, employees, and salespeople. Purchaser agrees that time is of the essence with regard to the payments. BY PURCHASER: Date:_,.......,..... ............... ----Signature: ____________ _ BY HEIGHTS ROOFING, INC: Date:_______ Signature: ____________ _ . . I . 14 \ WARRANTIES: Heights will furnish labor and materials in accordance with specifications herein. For a period of one -year, Heights warrants that its labor will be in accordance with standard practices. This labor warranty is only available to " the original Purchaser and is not transferable. The exclusive warranty for all materials used is solely that of the materials' manufacturers. HEIGHTS OFFERS NEITHER EXPESS NOR IMPLIED WARRANTIES FOR MATERIALS USED NOR WARRANTIES OF MERCHANTABILITY NOR FITNESS OF PURPOSE FOR SAID MATERIALS. Warranties are voided after the roof experiences a named storm unless the Purchaser, within 1 O days of the event, requests a roof inspection by Heights which shows that the roof suffered no damage from the named storm. Said inspection shall be done at the Purchaser's expense. Deviations from the specifications herein will become an extra charge over and above what has been agreed to herein. Purchaser agrees to an extra charge If a double roof Is found. Should material costs increase after the execution of this contract, the Purchaser agrees to pay such increased costs up to a maximum of 10% of the contract price. If the parties fail to agree on the amount of the extra charge(s) or to a material cost increase in excess of 10% of the contract price, this contract may be canceled by either party. If the contract is canceled for failure to agree on extra charges or increased material costs In excess of 10%, Purchaser shall be responsible for the costs of all materials (whether or not installed) plus half the amount of the total contract price as the agreed necessary and reasonable cost of the labor that has already been expended on the job. Heights Is not liable for any delays, including but not limited to those due to supply shortages, strikes, accidents, pandemics, acts of God, and any event beyond Heights' control. Purchaser is solely responsible for, and shall have insurance against, all losses due to tire, vandalism, theft, storms, acts of God, and every other event that can damage and/or cause losses to materials at the job site and/or for any damages caused by materials at the job site to the Purchaser's property and/or the property of others and Purchaser indemnities Heights against all losses resulting from same. Heights will exercise reasonable care when performing the work, but rerooting Involves demolition (among other things) and, therefore, Heights Is not liable for any damage to pools, gutters, sidewalks, foliage, awnings, screening, chattel, pipes, sprinkler systems, septic systems, electrical wiring, outdoor accent lights, gardens and/or cables (including TV cable, satellite systems and satellite dishes) wherever these items may be located. Heights is not liable for any water damage, tar leakage, paint damage or any consequential damages wherever, whenever or why they shall occur. Heights is not liable for any damage done to the roof by any individual not in Heights' employ. Heights is unconditionally not llable for any consequential damages wherever, whenever or why they shaU occur. In no case shall Heights' total llability for any damages, In the aggregate, exceed the cost of this contract. The Purchaser is responsible for giving infonnation to Heights as to the location of any septic tank. Purchaser understands that Heights prioritizes the roofs it is working on using its sole and arbitrary Judgment as to a job's urgency. This triaging may resuH in a wait to begin Purchaser's roof work that Is in excess of 220 days. Purchaser agrees with this wait policy and holds Heights absolutely harmless from any harm or Inconvenience which may result from Purchaser waiting for Heights to pull a permit and/or begin the job. If Purchaser cancels this contract from the time of signing but prior to the roof dry-In being completed, Purchaser agrees to pay, as the minimum reasonable remuneration for whatever time and labor Heights has expended, 1/3 of the total amount of this contract plus all material costs incurred by Heights. If Purchaser cancels after the roof dry-in is completed, the amount owed by Purchaser shall be the amount specified in the Payment Schedule (to cover Heights' reasonable remuneration for time and labor) plus ail materials and other costs incurred by Heights. The maximum obligation of Purchaser to Heights shall not exceed the agreed upon contract price. In addition to a notice of cancellation, the Purchaser shall be deemed to have canceled this contract by not cooperating with Heights resulting in Heights' temporary or permanent inability to perfonn the work or by Purchaser not making a payment when it is due. Purchaser unequivocally agrees that in case of a cancellation, the llquldated damages are difficult to ascertain, and that the amount computed as due herein is equitable. The parties agree that the damages for a cancellation are not disproportionate to the damages that would reasonably be expected to follow from a breach or cancellation. This liquidated damage calculation was placed herein so as to induce full performance of this agreement. If Purchaser does not make any payment when due or prevents Heights from performing, at its sole and arbitrary option, Heights may deem the Contract cancelled or may immediately demobilize and cease all work until the account is brought current or the oondltion preventing Heights from performing is corrected. Any costs for the demobilization and/or remobilization shall be deemed an extra charge over and above what has been agreed to in this contract. Any costs for the demobilization and remobllization shall be due prior to the remobilization. Purchaser shall provide right of ingress and egress, including obtaining permission from the owner(s) of neighboring properties that must be used to provide access for workman and/or machinery. Purchaser completely indemnifies Heights from every cla!m resulting from ingress and/or egress. Purchaser shall provide all water and electricity needed to complete the job. In addition, PERMITS MUST REMAIN POSTED UNTIL FINAL INSPECTION HAS BEEN COMPLETED. A $150.00 re- inspection fee will be charged to the property owner If the inspection card is removed prior to final inspection. Upon acceptance of this contract, Purchaser shall remit the first payment. The second and third payments shall be remitted in accordance with the payment schedule. Upon completion of the work, purchaser shall immediately remit all remaining amounts due. Purchaser's breach of the contract shall immediately make the appropriate scheduled payment(&) due. PurchaSer shall not withhold final payment pending any municipal or county inspection, but Heights will participate in any such inspection. At lime of receipt of final payment, Purchaser will be provided with a written release of lien from any person or company that has provided Purchaser with a •notice to owner. Purchaser's payments shall be deemed received when they have cleared Heights' bank account. Heights may deposit checks without regard to any accompanying writings with and/or notations on the check, as such writings and notations shall be non-binding on Heights. Time is of the essence with regard to all payments. When interpreting this contract, the terms and/or conditions shall not be more strictly construed against either party. Should any term of this contract be found unenforceable, all remaining terms shall continue to be in effect. Faxes, photocopies and electronic reproductions of this contract shall have the same dignity as an original for any legal proceeding. Heights' waiver of any breach of this agreement shall not be considered a waiver of any subsequent breach and no course of conduct shall alter the terms of this contract. If Purchaser fails to pay any amount when due, all costs of collection and enforcement of this contract, including attorneys' fees (whether or not litigation occurs) shall be borne by Purchaser. If Purchaser fails to make any payment In full when due, Heights may tile a lien against the property. If a lien is tiled, the Purchaser shall pay an additional $450.00 for the lien's preparation and tiling. Any outstanding balance, not paid immediately, shall bear an interest rate of 18% annually. This interest rate shall continue post judgment. It is a bargained position between the parties, without which Heights would not have entered this contract, that the parties waive their right to a trial by jury regarding any matter arising directly or indirectly from this contract or between the parties. The parties agree that the State Court of Florida shall be the original and exclusive venue for any matter between Olem. In addition to the remedies contained herein, Heights may also exercise any remedy in law or equity. The choice of remedy shall not be to the exclusion of any other remedy; rather, Heights' remedies shall be cumulative. All changes to this contract are only valid If done in writing and signed by all parties. Except for the written provisions contained herein, no other representations written elsewhere or made orally have bean relied on by the parties and are thus of no effect. ____________ .INITIALS 2·