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Res No 054-23-15988RESOLUTION NO. 054-23-15988 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING A CONTRACT TO CODA ROOFING, INC. FOR ROOFING SERVICES AT THE POLICE STATION LOCATED AT 6130 SUNSET DRIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ROOFING SERVICES; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, a portion of the existing roof at the Police Station located at 6130 Sunset Drive, located above the Sally Port, is approximately 18 years old and experiencing damage and deteriorating daily; and WHEREAS, the useful life of the Sally Port roof has been exceeded and accordingly, the City desires to replace the roof located above the Sally Port garage at the Police Station (the "Project"); and WHEREAS, the City requires the provision of all services necessary to remove the existing roof and construct the replacement roof, including obtaining all permits, inspections, removal of the existing roof above the Sally Port, and warranties for the Project (the "Services") as part of the Project; and WHEREAS, the City obtained quotes from 3 different vendors for roofing services for the Police Station, and Coda Roofing, Inc. ("Contractor") was the lowest, most responsive and responsible bidder; and WHEREAS, the Contractor submitted a proposal, attached hereto as Exhibit "A," for the provision of the Services for the Project in an amount not to exceed $15,100; and WHEREAS, the cost of the Project shall be funded and charged to the departmental Capital Improvement account number 301-1790-519-6450, which has a current balance of $877,176 before this request; and WHEREAS, the City Commission wishes to select and award the Contractor a contract for the Project and authorize the City Manager to negotiate and execute a contract with the Contractor in an amount not to exceed $15,100 consistent with the Proposal attached hereto as Exhibit "A", subject to the approval of the City Attorney as to from and legal sufficiency; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Page 1 of 2 Res. N o. 054-23 -15988 Section 1. Recitals. The above-stated rec ital s a r e t ru e a nd correct and are incorporated h ere in by thi s reference. Section 2 . Selection of Contractor and Award of Agreement. The City Commiss io n here by selects th e Contractor's Propos al , attac hed he reto as Exh ibit "A," and award s th e Contractor a contract for th e Serv ices for the Project. Section 3. Authorization to Negotiate and Execute Co ntract; Expenditure of Funds. The C i ty Manage r is a uthori zed to n ego tiate a nd execute a con tract w ith the Contractor to prov ide the Serv ic es for the Proj ect on behal f of the C ity, con s isten t w ith th e Proposal o f th e Contractor attach e d h e reto as Ex hibi t "A", s ubject to th e a pprova l as to form a nd legal s uffici e n cy b y th e C ity Manager a nd C ity Attorney. The C ity Manager is hereby authori zed to expend an amount not to exceed $15,100 for th e Proj ect, a nd th e cost s ha ll b e fu nd e d a nd c h a rged to the d e p artm e ntal Capital Improvem e nts account num ber 30 l-1 790-5 19-6450, w hich has a c urre n t b alance of $877,17 6 b efo re thi s re quest. Section 4. Implementation . That t he C it y Man ager is a u t h o ri zed to take any a nd a ll actions n ecessa ry to imple m e n t th e P roject, the co n tract for th e Proj ect , and the purposes of thi s Resol ution . Section 5. Corrections. Conforming language o r techni cal scri ven e r-typ e correcti o n s may b e m ade by t he C i ty Atto rn ey fo r a n y con fo rming a m e ndments to be inco rp o rated in to the final resolut io n for s ig nature. Section 6. Effective Date. This Reso lution s hall b eco m e effective immediately upo n adoption. PASSED AND A D O P TED this 16 111 day of May, 2023 . READ AND A PPROVED AS TO FORM, COMM ISSION VOT E : 5-0 LANGUAGE, L EGA LITY AND Mayo r F ernand ez: Yea EXECUTION TH E REOF V ice Mayo r Boni c h: Y ea Commission e r Ca ll e: Yea Commiss io n e r Corey: Y ea Commission e r Li e bman: Yea LFMAN C OLE & B IERMAN , P.L. C ITY ATTORNEY Page 2 of 2 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: May 16, 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 A CONTRACT TO CODA ROOFING, INC. FOR ROOFING SERVICES AT THE POLICE STATION LOCATED AT 6130 SUNSET DRIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ROOFING SERVICES; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS) Suggested Action: Attachments: Memo_1.1-Police_Station.docx 46H6768-Resolution Selecting Coda Roofing Inc for Police Station Roof.docx Areal View of Roof Replacement- Police Station.docx Police_Station_Roof_Quote-Coda_Roof.pdf GML_Quote-_Police_Station.pdf PSI_Roofing-_Police_Station.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:May 16,2023 SUBJECT:Selecting and awarding vendor for roofing services at the Poice Station RECOMMENDATION: Authorize the City Manager to spend an amount not to exceed $15,100 for removal and installation of a new roof at Police Station. BACKGROUND: The existing roof is approximately 18 years old and is experiencing damage. The useful life of the roof has been exceeded and is deteriorating daily. The proposal includes the permit, inspections, removal of the existing roof, installation, and a 10-year manufacturer warranty. The Police station have two separate roofs on the first floor. The roof above the Sally Port garage needs replacement (on the right side of the building). In August of 2019 the roof was replaced at the police station, first floor located above the administrative offices. The City obtained quotes from 3 different sources and CODA Roofing was the most responsive bidder. FUNDING: Account No.: 301.1790.519.6450 (CIP)which has a current balance of $877,175 before the request was made. SUPPORT: Quote 1. CODA Roofing Quote 2. GML Construction Quote 3. PSI Roofing Below you will find a breakdown of the quotes provided: ATTACHMENTS: Resolution Aerial View of Roof Replacement (Highlighted in Red) CODA Roofing $15,100 GML Roofing $15,530 PSI Roofing $44,000 2 5 6 4678 EAST 10 LANE , HIALEAH, FL 33013 TEL: 305-681-1060 FAX: 305-681-4012 EMAIL : codaroofing @grnail.com PROPOSAL STATE LICENSED & INSURED #CCC1326045 CITY OF SOUTH MIAMI POLICE DEPARTMENT PROJECT: COMMERCIAL DATE ESTIMATE# 3/21 /2 023 CODA28440 JOB: 6130 SUNSET DR TEL: 786-367-4933 EMAIL:CHERNANDEZ~SOUTHMIAMIFL.GOY ~ ESTIMATE GIVEN BY RAFAELD DESCRIPTION RE-ROOF LOWER WESTSIDE ROOF >ALL ROOF SYSTEM WORK, LABOR, MATERIAL AND EQUIPMENT IS IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND OSHA REGULATIONS. JOB SCOPE: A. REMOVE EXISTING FLAT ROOF SYSTEM DOWN TO THE WOOD SYSTEM SUBSTRATE B. CODA WILL REMOVE ALL ROOFING DEBRIS OFF SITE BY CODA DUMP TRUCKS . C. REPLACE UP TO ONE HUNDRED(l00) LIN EAL FE ET OF ROTTEN WOOD ON ROOF SHEATHING ONLY (EQUAL TO 3 SHEE TS OF PLYWOOD, ADDITIONAL PLYWOOD SHEATHING WITH BE CHARGED AT $100 .00 P ER PLYWOOD SHEET). FASCIA AND SOFFIT AND SPECIAL TY WOOD WILL BE CHARG ED SEP ARA TEL Y (PRICES WILL VARY). D. PREP AND CLEAN ALL ROOFS FOR A REQUIRED SMOOTH SURFACE SHEATHING. E . FURNISH AND INSTALL ALL GALVANIZED MET AL: EA VE DRIP EDGE , VALLEY , VENTS AND ALL FLASHING TYPES . F. SEAL ALL NEW FLASHING PENETRATIONS, LEAD STACKS AND VENTS. G. INSTALL GAF VERSASHIELD SOLO TPO UND E RLA YMENT SH E ET.MECHANICALLY FASTEN H. INSTALL GAF 1/4" INCH POL YISO TAPERED INSULATION TO SLOPE ROOF . MECHANICALLY FASTEN. I. INST ALL GAF EVERGUARD SINGLE-PLY 60 MIL TPO ROOF SYSTEM MEMBRANE WHITE. J . HE AT WELD ALL NEW LAPS AND SEAMS . ALL TPO BOOT STACKS INCLUDED. 10 YEAR LEAK FREE WARRANTY NOTE: A. PERM IT AS REQUIRED. PERMIT FEE BY OWNER B. PAYMENTS: 30% DEPOSIT, 30% DEMO / ANCHOR SHEET, 30% TPO UNDERLAYMENT, 10 % FINAL COMPLETED. C. NO GUTTERS , NO DOWN-SPOUTS INCLUDED. NO WATERPROOFING INCLUDED . TOTAL 15,100.00 * WE ACCEPT ALL MAJOR CREDIT CARDS with a 3.5% charge per transaction * TOT AL: I $15,100.00 I WE ARE NOT RESPONSIBLE FOR ELECTRICAL, C ABLES , AC UNITS, AC LINES NOT VISIBLE , ANTENNAS, SATELLITE DISH , PAINT, STUCCO AND OTHER MISCELLANEOUS . ANY DAMAGES ARE TO BE REPORTED TO CODA OFFICE MANAGER AND CODA WILL SEND A REPRESENTATNE FOR I.NVESTIGA TION . Buyer agrees to pay all cost and expenses incurred collecting any amounts due under this Estimate, due to continual material price increases by manufacturers, thi s estimate may be withdrawn by Coda Roofing, Inc., proposal only valid 30 days from date given . The guarantee of this roof DOES NOT cover leaks due to abuse, lighting, hurricane, tornado, hail stom1 and vandalism . If any sums due under this Agreement are not paid per the tenns set forth above, then the Customer agrees to pay all reasonable attorney's fees and all costs and expenses incurred coll ecting said sums. In addition , all past due sums shall be interest at the rate of 1.5 % per month.A charge of$25 .00 will be added to all checks returned for insufficient funds. ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. CODA ROOFING PRESIDENT HOME OWNER OR CONTRACTOR 7 GML CONSTRUCTION Lie. C.G .C. # 1527901 C.F.C. # 1431649 C.U.C. # 1225951 C.M.C. # 1251098 C.C.C. # 1334116 PROPOSAL/ESTIMATE 4704 SW 75 AVE. MIAMI, FL. 33155 Tel. 786-724-5054 info@gmlconstructions.com www .gmlconstructions.com To: South Miami Building Department (Roofing Police) March 22, 2023 Job Address: 6130 Sunset Dr South Miami FL 33143 We hereby submit specifications for: New Built-Up over Concrete Deck Obtain roofing pennit and record new NOC Remove existing roof down to the Concrete Deck deck . When rotted plywood exceeds 80 square feet of 5/8" CDX Plywood or 80 linear feet of V-joint, additional wood will be charged at $110.00 per plywood and at $9.50 per linear feet of V-joint. When rotted fascia exceeds 50 linear feet, additional wood will be charged at $9.50 per linear feet. Prices includes labor and materials. Price includes all Roof Tile Mansards with any Eagle Concrete Tile. Re-nail existing wood deck with 8D (2 .5") Ring Shark Coil Nails. Furnish and install new 3" Painted Eave Drip _____ _, along roof edge mechanically fastened with 1-1 /4 Ring Shark Coil Nails. Prime all metals with ASTM D 41 asphalt primer to promote adhesion of roof system . Furnish and Install one (1) ply of Composite½ Insulation Adhered in full mopping of approved asphalt applied within the EVT Furnish and install one (1) ply of GAFGLASS #20 Adhered in full mopping of approved asphalt applied within the EVT. Furnish and install one (1) ply of GAFGLASS Mineral Cap Sheet and modified Ruberoid in parapets as need it Adhered in full mopping of approved asphalt applied within the EVT. Furnish and install White Granules on laps over asphalt bleeds for complete white finish roof. Furnish and install on parapets wall can-strip with GAF Ruberoid paper secure with termination bar covering 2' of parapet with granulated paper. Secure all flashing walls and parapets with GAF Elastomeric sealer and 4" white membrane. Owner is responsible for any wall plastering if applicable. Price doesn't not include removing nor replacing ale units stands. Furnish and install all new lead flashing and GRV Roof Vents as per manufacture 's painted to match roof tile color. Haul away all roof debris, leaving premises in clean condition. Contract price includes roofing permit, labor and materials. 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 $15,530.00 Payment to be made as follows: 15% when contract is signed, 40% pt day of work, 35% when pt inspection is approved; and 10% upon job completion by Final Inspection. Authorized Signature ____________ _ Note: This proposal may be withdrawn by us if not accepted within 30 days . Owner Signature ____________ _ Date of Acceptance _______ _ 8 LG PRO ROOFING 9 April 18, 2023 Carlos Hernandez City of South Miami 6130 Sunset DR South Miami, FL 33143 Your commercial roofing company for the past 25 years . ------INTEGRITY FIRST Re: City of South Miami -Police Department Building (Small Front L Shaped Flat Roof) TIPS CONTRACT: 211001 Job Order Contracting Attached is the Proposal and Scope of Work for the roofing work that we propose to complete at the above referenced location. The project scope includes a Manufacturer's 20 Year Warranty. Based on this Scope of Work, pricing to complete the Police Department Building (Small Front L Shaped Flat Roof) project is $44,000.00. This pricing is compliant with TIPS unit pricing. All material is guaranteed to be as specified. All work will be completed in a workmanlike manner according to standard roo fi ng practices and in accordance with manufacturers specifications. If this proposal is accepted, please see the following instructions for Purchase Order: 1. The Purchase Order will be issued to PSI Roofing. 2. The Purchase Order should be clearly marked "Per TIPS Contract #211001 Job Order Contracting" 3 . EMAIL Purchase Order & VENDOR QUOTE TO: A. TIPSPO@TIPS-USA.COM PO AND QUOTE MUST REFERENCE VENDOR TIPS CONTRACT NUMBER ATTACH PO AS A PDF -ONLY ONE PO (WI T H QUOTE) PER ATTACHMENT B. cc: tips@psi-roofing.com & pfolkersen@psi-roofing.com 4. Once the PO has been rece ived, pricing compliance verification will take place using the RS Means accounting. If you have any questions or need additional information, please contact our office. Warm Regards, Adolfo Lopez Account Manager (954) 551-6287 ~ PSI Roofing j 792 NE 45th St I Oakland Park, FL 33334 Office: (954) 791-7663 1 Fax: (954) 202 -2044 CCC047136 I CGC062912 TIPS CONTRACT: 211001 Job Order Contracting/PSI Roofing Job #30847 10 JOB START Your commercial roofing company for the past 25 years . ----INTEGRITY FIRST SPECIFICATION a. Prior to starting of work owner shall receive a certificate of insurance from PSI Roofing . b. An inspection of the exist ing building shall be made to record existi ng damage on the exist in g roof. c. All property and landscaping shall be protected to help reduce damage which may be caused by the roof construction operations. d. A pre -roofing conference shall be held with the Owner's representative to coordinate this project. e. The owner shall provide access to all sides of the structure(s) for staging, storage, and access of trucks, hoisting equipment, dumpsters, and materials throughout the course of the project. f. If present, satellite dishes, cameras, and/or any lighting, that is mounted to the roof or parapets and any associated cable or conduit, must be removed by others prior to the commencement of work. These items may be r einstalled by others as per the roofing manufacturer's requirements and details upon completion of the work. g. Standard working hours for PSI Roofing are 7am to 5pm, Monday through Fr iday. If work at night, weekends or holidays is required, it shall be done at an additional cost . SCOPE OF WORK 60 MIL PVC SINGLE-PLY RE-ROOF SYSTEM (approximate roof area is 1,000 SF) 1. Tear off the ex isting roofing system, as well as all flashing and related accessor ies down to the concrete deck to provide a clean, workable surface and dispose of properly. 2. Inspect the deck for degradati on. Any concrete decking needing to be repaired will be charged at $95.00 per SF, up to 2" thick. Any re bar work or specific concrete restoration will require an assessment by a th ird -party structural engineer to prov ide proper means and methods for any required repairs . Any and all costs associated with concrete restoration w i ll be add itional to the contract amount. 3. Over the prepared substrate, provide an install a tapered polyiso insu lation system with a 1/8" on 12 " slope and a starting thickness of 1 ½" adhered to the subs t rate . 4. As per the product approval, install a¼" layer of Securock, adhered as per the manufacturer's requirements. 5 . Over the coverboard , install a 60 mil PVC membrane, fully adhered and all seams to be hot-air welded onsite. 6. At building walls, new PVC si ngle-ply membrane flashings are to be carried up the wall a minimum of 8" over the roofing height and 4" on to the deck and terminated with termination bar and approved sealant. 7 . Flash all perimeter parapet walls with a PVC single-p ly membrane carrying up and over the outside edge for a fully encapsulated parapet wall flashing. 8. Trash to be cleaned up and disposed of daily. PSI Roofing 1792 NE 45th St I Oakland Park, FL 33334 Office: (954) 791-7663 I Fax: (954) 202-2044 CCC047136 I CG C062912 ~ TIPS CONTRACT , 211001 Job Order Contracting/PSI Roofing Job #30847 11 Your commercial roofing company for the past 25 years . -----INTEGRITY FIRST® METAL FLASHINGS AND ACCESSORIES 1. Install six (6) new factory prefabricated scuppers (for primary and overflow openings) flashed in accordance with the manufacturer's requirements. 2. Install three (3) new collector heads and downspouts at the primary scuppers completing the new drainage system . 3. Install new 2-PC Compression metal edge perimeter at all perimeter walls. 4. Flash the three (3) vent pipes with lead stacks in accordance with the manufacturer's requirements . 5. Flash the eight (8) AC stand legs with lead stacks in accordance with the manufacturer's requirements . 6. Install new one (1) AP vent, flashed in accordance with manufacturer's requirements. 7. Install two (2) new roof line jack (gooseneck vent), flashed in accordance with manufacturer's requirements . 8. All metal work shall be installed in accordance with the local building code. 9. Haul away all trash and dispose of it at a proper dumping facility. WARRANTY 1. Owner shall rece ive a 20 Year NDL Warranty for the flat roofs from the manufacturer. 2. Owner shall receive a Two (2) Year PSI Superior Guarantee on workmanship on all work performed. MOBILIZATIONS 1. One mobilization is included in the price of this project. If additional Mobilizations are required, the cost of each additional mobilization shall be $2,500.00. Mobilizations due to named storms or other catastrophic events requiring the removal and storage of all ma t erial and equipment from the jobsite shall be billed at a rate of $12,000.00 per event. PLEASE NOTE THE FOLLOWING SCOPE IS ALSO INCLUDED TO PROVIDE TURNKEY PROJECT All Roofing Engineering Required for Permit, Hoisting, and Disposal fees are included in the contract cost . EXCLUSIONS FROM CONTRACT Excluded : Permit fees excluded . Work at any of the other roof areas not indicated in the aerial view drawing or listed in the pricing schedu le. Any roof mounted electrical or mechanical work. Interior/exterior painting, structural/non-roof related engineering, lightning protection, concrete cutting, stucco work, painting, any structural/decking work, mechanical, or electrical scopes, and plumbing. Any cover and protect of exterior or interior areas. Any work on overhang balconies or adjacent/attached canopies not specified above . Any building signage detach/reset, repairs or replacement. Disconnect and reconnect of satellite dishes is excluded. Any Right of Way, MOT permits or any associated costs. Performance and Payment Bonds. Work during night shift (6pm to 6am), holidays and weekends . Any work not mentioned above. All these items can be added to the contract after commencement of work at the contractor's discretion and owner's approval. PSI Ro ofing I 792 N E 45t h St I Oakland Pa rk, FL 33334 Office : (954 ) 791-766 3 I Fax: (954 ) 2 02-2 044 CC C04 71 36 I CGC0629 12 ~ TIPS CONTRACT: 211001 Job Order Contracting/PSI Roofing Job #30847 12 Your commercial roofing company for the past 25 years . -----INTEGRITY FIRST We hereby propose to furnish labor and materials -complete in accordance with the above specifications, for the sum of: Forty-Four Thousand Dollars ..................................... $44,000.00 With payment terms to be made as follows: 20% upon acceptance of contract 30% upon project commencement 40% upon substantial completion Balance upon issuance of warranties and release of lien. Time is of t he essence with respect to the payment terms. Should default be made in payment, charges shall be added from the date thereof at rate of 1.5% percent per month . Owner is liable for all costs of filing lien on the property. If a dispute arises with respect to or related to this contract, all reasonable attorney's fees, expenses and costs shall be awarded to the prevailing party. Should the property owner not pay as agreed, Contractor has the r ight to discontinue the work until otherwise paid and the property owner is responsible for any damages that may occur due to their actions or lack of actions . No modifications to the payment terms are accepted without a signed written agreement from an officer of Contractor. FORCE MAJEURE Contractor sh all have no responsibility for damages caused by circumstances beyond the reasonable control of the Contractor which prevent or impede the due performance of this contract including, but not limited to, war of host ilities, riot o r civil commotion, epidemic, rain, hurricane, flood, fire, tornado, windstorm, or other natural disaster or act of God, as it is normally contemplated that these damages are covered by homeowner's insurance or business risk insurance and the Contractor is not liable for failure of performances due to these same reasons as well as the inability to obtain materials from usual sources, or any other circumstances beyond the control of Contractor whether of similar of dissimilar nature. MATERIAL COST ESCALATION If, during the performance of this contract, the cost of materials significantly i ncreases, though no fault of contractor, the price of t he contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding five percent (5%} experienced by contractor from the date of the contract signing. The contractual sum, time of completion or other contract requ i rements shall be equitably adjusted by Change Order in accordance to the Contract terms. Contractor shall provide evidence such increase in materials costs through quotes, invoices, or receipts upon written request. PSI Ro ofing I 792 NE 45th St I Oakland Park, FL 33334 Office : (954) 791-7663 I Fax: (954) 202-2044 CCC0471 36 J CGC0 62 9 12 ~ TIPS CONTRACT, 211001 Job Order Contracting/PSI Roofing Job #30847 13 Your commercial roofing company for the past 25 years . ----INTEGRITY FIRST Where the delivery of materials, equ i pment, or energy is significantly delayed, through no fault of the contractor, as a result of the shortage o r unavailability of the materials, equ i pment, or energy, contractor shall not be liable for any additional costs or damages associates with such delay(s). As used herein, a significant delay shall mean any delay exceeding 30 days experienced by contractor from the date of the contract signing. The contractual sum, t ime of completion or other contract requirements shall be equitably adjusted by Change Order in accordance to the Contract terms. CANCELLATION Once the contract is fully executed and the deposit made, unless the Contractor has already mobilized and/or ordered materials for the job, Owner has 72 hours to cancel this contract and receive a return of 100% of the deposit. If cancellation occurs after 72 hours, owner is liable for 20% of the gross contract amount as liquidated and agreed to damages . However, once work has commenced, owner is liable for the full amount of the contract or as otherwise agreed by mutual written agreement. Contractor is not responsible for delays due to construction problems unrelated to the roofing work. Contractor reserves the unilateral right to cancel this contract prior to commencement of work hereunder, for any reason or no reason . RIGHT TO HIRE Contractor reserves the right to hire other contractors to supplement or complete the work proposed . APPLICABLE LAW This contract shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this contract, venue for all claims shall be in Broward County, Florida . The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this contract or to exercise any rights under this contract shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provision or rights in that or any other instance . EXTENT OF AGREEMENT This contract represents the entire and integrated agreement between Contractor and Owner and supersedes all prior negotiations, representations, or agreements, either written or oral and no course of prior dealing, usage of the trade or extrinsic or parole evidence shall be relevant to supplement, vary or explain any term used with respect to this contract. The acceptance or acquiescence of any course of performance rendered under this contract shall not be construed as a waiver nor shall it be relevant to define or vary any term stated herein . All material is gua ranteed to be as specifie d. All work shall be completed in a workmanlike manner according to standard practices . Contractor retains the initial right to remedy any consequential damages at the sole discretion of contractor and shall not be held liable for any damages occurring previous to or following performance of contracted work. Prior to any claim for default by Owner, Contractor must be given an opportunity to cure by Owner providing contractor 15 days after delivery of a written notice to cure the non-compliance with contract. PSI Roofing must be allowed access to all interior space s prior to commencement to document existing conditions or PSI Roofing will have no respons ibility for interior damages . Any alteration or deviation from specifications involving extra costs, will be executed o nly upon written orders, and will become an ext ra charge over and above the estimate . PSI Roofing PSI Roofing I 792 NE 45th St I Oakland Park, FL 33334 Office: (954) 791 -7663 I Fax: (954) 202-2044 CCC047136 I CGC062912 ~ TIPS CONTRACT: 211001 Job Order Contracting/PSI Roofing Job #30847 14 Your commercial roofing company for the past 25 years . ----INTEGRITY FIRST cannot be held responsible for the existence of ponding water after the new roof installation because a tapered insulation system is not being installed . PSI Roofing will not take responsibility for personal injury to any person or persons who may fall on or from the roof as a result of our workmanship or materials or said persons interaction with same . We strongly ad vi se that any persons who access the roof top of your bu il ding make use of personal fall protection equipment and follow OSHA guidelines for fall protection, failure to do so can result in bodily injury or death and PSI Roofing will not take responsibility for any person accessing the roof top other than our employees . Visit your rooftop at your own risk . All agreements contingent upon strikes, accidents or delays beyond our control. Owner shall carry fire, tornado, and other necessary insurance . It is understood that PSI Roofing and PSI Roofing's insurer will exclude all coverage for all damages relating to bodily injury, property damage, personal injury, and advertising injury caused directly or indirectly in whole or in part by mold, including fungus or mildew regardless of cost, event, material, product, and/or building component that contributed concurrently or in any sequence to that injury or damage. PSI Roofing is not a mold expert and it strongly recommends that a mold inspection be completed by an indoor air quality profess ional retained by the owner prior to commencement. This project may be stopped if progress payments are not made on time. If it becomes necessary for this contractor to expend legal fees to collect our monies under this contract, these legal fees will be the responsibility of the property owner and will added to the amounts due Contractor. Signer shall be personally liable. All warranties are to be issued upon completion of contract. The warranty is the sole remedy for any actions or remedies that arise or are sought as a result of the performance of this contract. Warranty shall be void if annual maintenance is not performed. An insurance certificate made out to the owner will be provided free of charge, if the owner requests to be listed as an additional insured, this service will be provided at cost . Prior to commencement of the Work and where any form of payment or performance bond is required, PSI may request in writing that the Owner provide reasonable evidence that the Own er has made financial arrangements to fulfill the Owner's obligations under the Contract. The Owner shall furn i sh suc h evidence within five (5) business days of request as a condition precedent to issuance of a payment or performance bond and commencement or continuation of the Work. If Owner fails to timely furnish such evidence after reques t, then upon an additional five (5) business days' notice, PSI may refuse to commence Work or suspend performance of the contract until such time as Owne r complies with the request and the property owner is responsible for an y damages that may occur due to their action or lack of action. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to PSI. Should PSI make a reasonable request based on prior delays in payment, Owner shall provide adequate evidence as to existence of funds sufficient to pay amounts remaining due and owing to PSI at the time of any applications for payment. The Owner shall have the right to require that PSI furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as sti pulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract . The cost of such bonds is a Cost of the Work. Any bonds so furnished shall be in forms and amounts acceptable to PSI and its surety, and from a surety licensed in Florida . The parties acknowledge that agreement on the form and amount of a bond where PSI is the principal is a condition to any obligation by PSI to execute the Contract . It is also understood that PSI Roofing and it's insurer will exclude from all coverage for all damages relating to bodily injury, property damage, personal injury, and advertising injury caused directly or indirectly, in whole or in part by [1) mold, including fungus or mildew, or [2) actual, alleged or threatened discharge, di spersal, seepage, migration, release or escape of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, including materials to be recycled, reconditioned or recla imed, regardless of cost, event, material, product, and/or building component that contributed concurrently or in any sequence to that injury or damage . 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 IFYOU 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 PSI Roofing I 792 NE 45th St I Oakland Park, FL 33334 Office: (954) 791-76631 Fax: (954) 202-2044 CCC047136 I CGC062912 ~ TIPS CONTRACT, 211001 Job Order Contracting/PSI Roofing Job #30847 15 Your commercial roofing company for the past 25 years . -----INTEGRITY FIRST "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY . ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SP ECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: (850) 487-1395, 1940 N . Monroe St , Ta l lahassee, FL 32399-0783, www.myflorida license .com . Authori zed Signature Adolfo Lopez -PSI Roofing Note: This proposal may be w ithdrawn by us if not accepted with in fourteen (14) days Acceptance of Proposal The above prices, specificat ions and condi t ions are satisfactory and are hereby accepted . You are authorized to do the wor k as specified. Payment w ill be made as outlined above. Date : _____ _ Date : _____ _ Signature: Printed Name : Signature : Pr inted Name: PSI Roofing I 792 NE 45th St I Oakland Park, FL 33334 Office: (954) 791-76631 Fax: (954) 202-2044 CCC047136 I CGC062912 ~ TIPS CONTRACT, 211001 Job Order Contracting/PSI Roofing Job #30847 16 Your commercial roofing company for the past 25 years . ----INTEGRITY FIRST ROOF AERIAL VIEW : (WORK SCOPE IS MAIN FLAT ROOF AREAS WITHIN RED LINES) PSI Roofing 1792 NE 45th St I Oakland Park, FL 33334 Office: (954) 791-76631 Fax: (954) 202-2044 CCC047136 I CGC062912 ~ TIPS CONTRACTc 211001 Job Order Contract ing/PSI Roofing Job #30847