HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-060Temp. Reso. # 12153
May 9, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012 e
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 11-
23R TO AND APPROVING AN AGREEMENT WITH ASSET
BUILDERS, LLC FOR THE TAMARAC DESIGN/BUILD ADA
RESTROOM RENOVATION PROJECT IN ACCORDANCE
WITH RFP NO. 11-23R FOR A CONTRACT AMOUNT OF
$71,205.38; A CONTINGENCY IN THE AMOUNT OF
$10,860.00 WILL BE ADDED TO THE PROJECT
ACCOUNT, FOR A TOTAL PROJECT BUDGET OF
$81,885.38; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING
BUDGET AMENDMENTS FOR PROPER ACCOUNTING
PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in a continued effort the improve accessibility throughout all City
Facilities, the City is proposing improvements to the restroom facilities at City Hall and
the Multi -Purpose Center; and
WHEREAS, the proposed improvements to the restrooms will be in compliance
with current ADA Standards for South Florida; and
WHEREAS, two restrooms on the first floor of Tamarac City Hall located at
7525 Pine Island Road and two restrooms at the Tamarac Multi -Purpose Center located
at 7535 North University Drive are in need of renovation; and
WHEREAS, the City published RFP 11-23R for the Tamarac Design/Build ADA
Restroom Renovation Project, incorporated herein by reference and on file in the office
of the City Clerk; and
WHEREAS, the City, via an Evaluation Committee, comprised of the Assistant
Public Works Director / City Engineer, the Public Works Operation Manager, and the
Temp. Reso. # 12153
May 9, 2012
Page 2
Public Works Superintendent, received and reviewed three (3) proposals; and
WHEREAS, the Evaluation Committee evaluated and ranked the proposals and
determined Asset Builders, LLC best met the needs and requirements of the City, a
copy of the Evaluation Committee Worksheet is attached hereto as Exhibit 1; and
WHEREAS Asset Builders, LLC possesses the required knowledge and
experience for the Tamarac Design/Build ADA Restroom Renovation Project and has
agreed to the Terms and Conditions, Special Conditions, and Technical Specifications
of RFP No. 11-23R ; and
WHEREAS, it is the recommendation of the Director of Public Services and
Purchasing and Contracts Manager that the appropriate City Officials award RFP No.
11-23R and
execute the agreement with Asset
Builders,
LLC for the Tamarac
Design/Build
ADA Restroom Renovation Project
attached
hereto as Exhibit "2",
incorporated herein and made a specific part of this resolution; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to award RFP No. 11-
23R and execute the agreement for the Tamarac Design/Build ADA Restroom
Renovation Project with Asset Builders, LLC for a contract cost of $71,205.38 and a
contingency in the amount of $10,860.00 will be added to the Project Account, for a total
project budget of $81,885.38.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
1
Temp. Reso. # 12153
May 9, 2012
Page 3
SECTION 1: The foregoing `WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2: The City Commission HEREBY awards RFP No. 11-23R to
Asset Builders, LLC and approves an Agreement between the City of Tamarac and
Asset Builders, LLC ("the Agreement') and the appropriate City Officials are hereby
authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the
Tamarac Design/Build ADA Restroom Renovation Project.
SECTION 3: An expenditure for a contract cost of $71,205.38 and a
contingency in the amount of $10,860.00 for a total project budget of $81,885.38. for
said purpose is hereby approved.
SECTION 4: Funding for the Tamarac Design/Build ADA Restroom
Renovation Project at Tamarac City Hall located at 7525 Pine Island Road and at the
Tamarac Multi -Purpose Center located at 7535 North University Drive for a contract
cost of $71,205.38 and a contingency in the amount of $10,860.00 for a total project
budget of $81,885.38 is available in Project Number GP11 P and is in the General
Capital Fund Adopted FY 2012 Budget.
Temp. Reso. # 12153
May 9, 2012
Page 4
SECTION 5: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City
Code, and close the contract award including, but not limited to making final payment
within the terms and conditions of the contract and within the contract price.
SECTION 6: All budget amendments for proper accounting purposes are
hereby authorized.
SECTION 7: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
1
1
Temp. Reso. # 12153
May 9, 2012
Page 5
SECTION 9: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this*41 day of id� , 2012.
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ATTEST:
"-k Y4,
R 1 . . y
CITY CLERK. I/
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
r,�AM L S. GOREN
CITY ATTORNEY
BEf H TALABIS6U--
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHN LL
DIST 2: COMM. GOMEZ �
DIST 3: WM GLASSER
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DIST 4: COMM. DRESSLE
11-23R
Design/Build - Restroom Renovations
Prapasr's Name
MBR
ASSET BUILDERS
PAUL HENSEL
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City Engineer
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Public Works Superintendent
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Operations Manager, Public Works
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Public Works Superintendent
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Operations Manager, Public Works
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Public Works Superintendent
28
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City Engineer
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Public Works Superintendent
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Operations Manager, Public Works
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Public Works Superintendent
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ASSET BUILDERS, LLC
THIS AGREEMENT is made and entered into this day of , 2012
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Asset Builders,
LLC, a Florida corporation with principal offices located at 3600 Red Road, Suite 303,
Miramar, FL 33029 (the "Contractor") for the Design/Build of Tamarac ADA Restroom
Renovations.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, RFP Document No. 11-23R,
including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions), drawings, Technical Specifications, all addenda, the
Contractor's revised proposal dated February 27, 2012 included herein, the Design
Criteria Package as revised April 4, 2012; and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, and all are as fully a
part of the Agreement as if attached to this Agreement or repeated therein. In the event
that there is a conflict between 11-23R as issued by the City, and the Contractor's
Proposal, 11-23R as issued by the City shall take precedence over the Contractor's
Proposal. Furthermore, in the event of a conflict between this document and any other
Contract Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
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Cq Of Tat7tar-ac ��i �mc�an�mn�uca
Purchasing tsirtg & Contracts Division
----------- -
ATTACHMENT "A"
DESIGN CRITERIA PACKAGE
Revised April 4, 2012
RFP 11-23R
DESIGN BUILD OF THE TAMARAC ADA RESTROOM RENOVATIONS
SCOPE OF SERVICES
The preliminary scope of work, prepared by the City of Tamarac Public Works
Department, which is incorporated into the bidding package, is the focus of the project.
Successful Offeror, hereinafter referred to as the Offeror, shall enter into an Agreement
with the City of Tamarac, Florida, hereinafter referred to as the CITY, for the purpose of
the Design/Build of the ADA Restroom Renovations, developing cost estimates with
product specifications, design plans and details and construction of the ADA Restroom
Renovations in accordance with the terms, conditions, and specifications contained in
this Request for Proposals (RFP).
The scope of this proposal includes the following components:
Offerors are requested to provide professional services, labor, equipment, materials,
insurance and incidentals for the design/build of ADA Restroom Renovations, located
within first floor public restrooms at Tamarac's City Hall, 7525 Pine Island Road,
Tamarac, Florida and locker rooms at Tamarac's Multi Purpose Center, 7535 N.
University Drive, Tamarac, Florida.
• The City's budget for this project is $75,000.00.
• Work shall be completed in accordance with the latest editions of all Federal,
State, County, local codes and industry standards if greater than code
requirements.
• Work shall be completed in accordance with all applicable Federal, State,
County, and City requirements, together with the Americans with Disabilities Act
Accessibility Guidelines and Chapter 11 of the 2010 Florida Building Code.
• Offeror shall be responsible for all permit submissions, fees, and associated
costs, including the City Public Art Fee of 1 % of building construction cost. All
Permit fees except the City's 1 % Public Art Fee will be reimbursed.
• Offeror is responsible for all site plan submissions to the City's Development
Review Process, including DRC, Planning Board and City Commission
approvals.
• Offeror is responsible for all boundary and interior surveys necessary for project
layout and construction.
• Offeror shall take all necessary precaution and safety measures to protect the
health safety and welfare of City Employees and the general public that will
occupy and utilize both City Hall and the Multi Purpose Center throughout the
course of the construction operation.
1
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of Tamarac Purchasing & Contracts Division
Tamarac City Hall
• Main Men's and Women's bathrooms located on the first floor, renovations to
include all work to build toilet compartments in both restrooms (see Chapter 6 of
the Florida Accessibility Code in the 2010 Florida Building Code).
• Fully ADA accessible.
• Renovations shall include, but not limited to, stall construction, plumbing,
relocating toilets/urinals, relocation of restroom amenities, access improvements,
valve/plumbing guards, grab bars, required amenities/devices, safety issues,
privacy wall and door improvements, water closets, lavatories and mirrors,
controls and dispensers, and bathing and shower facilities.
• Restoration work associated with the installation and/or relocation of
amenities/devices or any appurtenances necessary to construct toilet
compartments.
Multi Purpose Center
• Men's and Women's locker room restrooms renovations to include all work to
build toilet compartments per the 2010 Florida Building Code).
• Fully ADA accessible.
• Renovations shall include, but not limited to, stall construction, plumbing,
relocating toilets/urinals, relocation of restroom amenities, access
improvements, valve/plumbing guards, grab bars, required amenities/devices,
safety issues, privacy wall and door improvements, water closets, lavatories and
mirrors, controls and dispensers, and bathing and shower facilities.
• Restoration work associated with the installation and/or relocation of
amenities/devices or any appurtenances necessary to construct toilet
compartments.
SPECIAL TERMS
Liquidated Damages:
Upon failure of Offeror to complete the work within the time specified in the Agreement
(plus approved extensions, if any), Offeror shall pay the City the sum of $250 per
calendar day, which includes bond interest, manpower and administration costs beyond
the specified time of completion, as a fixed and agreed upon liquidated damages, and
not as a penalty. City shall have the right to deduct from and retain out moneys which
may be due or which may become due and payable to Offeror, the amount of such
liquidated damages and if the amount retained by the City is insufficient to pay in full
such liquidated damages, Offeror shall pay in full such liquidated damages.
These liquidated damages will not prohibit the City from recovering ascertainable actual
damages incurred as a result of the same delay to which the liquidated damages apply.
Performance, Payment and Warranty Bonds:
Within fifteen (15) calendar days after the contract award, but in any event pri
2
MAW
City of Tamarac _ _ on I L I Qlaw I Purchasincq & Contracts Division
commencing work, the Successful Bidder shall execute and furnish the CITY with a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years. The surety shall hold a
current certificate of authority from the Secretary of Treasury of the United States as an
acceptable surety on federal bonds in accordance with the United States Department of
Treasury Circular No. 570. The Contractor shall be required to provide acceptable,
separate Performance and Payment Bond in the amount of 100% of the bid amount.
The Performance Bond shall be conditioned that the Successful Bidder performs the
contract in the time and manner prescribed in the contract. The Payment Bond shall be
conditioned that the Successful Bidder promptly make payments to all persons who
supply the Successful Bidder in the prosecution of the work provided for in the contract
and shall provide that the surety shall pay the same in the amount not exceeding the
sum provided in such bonds, together with interest at the maximum rate allowed by law
and that they shall indemnify and save harmless the CITY to the extent of any and all
payments in connection with the carrying out of said contract which the CITY may be
required to make under the law.
Such bonds shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with
the final sum of said bonds reduced after final payment to an amount equal to twenty-
five percent (25%) of the Contract price, or an additional bond shall be conditioned that
the Successful Bidder correct any defective or faulty work or material which appear
within one (1) year after final completion of the Contract, upon notification by CITY.
The Warranty Bond shall cover the cost of labor as well as materials.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, it shall be the
duty of the Contractor to record the aforesaid payment and performance bonds in the
public records of Broward County, with the Contractor to pay all recording costs.
Insurance:
Offeror agrees to, in the performance of work and services under this Agreement,
comply with all federal, state, and local laws and regulations now in effect, or
hereinafter enacted during the term of this agreement that are applicable to Offeror, its
employees, agents, or Subcontractors, if any, with respect to the work and services
described herein.
Offeror shall obtain at Offeror's expense all necessary insurance in such form and
amount as required by the City's Risk and Safety Officer before beginning work under
this Agreement. Offeror shall maintain such insurance in full force and effect during the
life of this Agreement. Offeror shall provide to the City's Risk and Safety Officer,
certificates of all insurance required under this section prior to beginning any work
under this Agreement.
Offeror shall indemnify and save the City harmless from any damage resulting to it for
failure of either Offeror or any Subcontractor to obtain or maintain such insurance.
of Tamarac ""•' •,""'"
__.. Purchasing & Contracts Division
The following are required types and minimum limits of insurance coverage, which the
Offeror agrees to maintain during the term of this contract:
Line of Business/Coverage
Commercial General Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Commercial Automobile Liability
Workers' Compensation & Employer's
Liability
Limits
Occurrence
$1,000,000
$1,000,000
Professional Liability (Errors and Commissions) $1,000,000
Insurance
Aggregate
$1,000,000
$1,000,000
Statutory
$1,000,000
Builder's Risk Insurance: In an amount not less than THE REPLACEMENT COST
for the construction of the work. Coverage shall be "All Risk" coverage for one hundred
percent (100%) of the completed value with a deductible of not more than five thousand
and xx/100 dollars ($5,000) per claim.
The City reserves the right to require higher limits depending upon the scope of work
under this Agreement.
Neither Offeror nor any Subcontractor shall commence work under this contract until
they have obtained all insurance required under this section and have supplied the City
with evidence of such coverage in the form of an insurance certificate and
endorsement. The Offeror will ensure that all Subcontractors will comply with the above
guidelines and will maintain the necessary coverage throughout the term of this
Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier
will give the City sixty (60) days notice prior to cancellation.
of 7amar<3c
Purchasing & Contracts Division
The Offeror's liability insurance policies shall be endorsed to add the City of Tamarac
as an "additional insured." The Offeror's Workers' Compensation carrier will provide a
Waiver of Subrogation to the City.
The Offeror shall be responsible for the payment of all deductibles and self -insured
retentions. The City may require that the Offeror purchase a bond to cover the full
amount of the deductible or self -insured retention.
If the Offeror is to provide professional services under this Agreement, the Offeror must
provide the City with evidence of Professional Liability insurance with, at a minimum, a
limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are
acceptable for Professional Liability.
The Successful Offeror agrees to perform the work under the Contract as an
independent Contractor, and not as a subcontractor, agent, or employee of CITY.
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
Executive Partner duly authorized to execute same.
CITY OF AMARAC
W
Beth Talabisco, MaYO411-
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ATTEST: nichael C. Cernech, City Mana er
-V Ax
Peter Richards , CMR, CIVIC
City Clerk
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ATT
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ign trporate Secretary
(Pa
Angela Messam
Type/Print Name of Corporate Secy.
(Partner)
(CORPORATE SEAL)
Date
Approved as to form and legal sufficiency:
City Atforney
SlOo
Date
Company am
Signatur of Partner
Wavne Messam
Type/Print Name of Partner
3/2�Tk-,v/
Date �
CORPORATE ACKNOWLEDGEMENT
STATE OF ��kA }"
:SS
COUNTY OF /&W*tD :
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
&h-c i r 4�efgM , Inc., Partner of Asset Builders, LLC a
Florida Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of gAR(�/0%! , 2012.
,r
c ign ure of Notary Public
ate of Florida at Large
WENDY RODRIGUEZ
z Notary Public - State of Florida
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My Comm. Expires May 13, 201 Commission # DD 991768
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
P' Produced Identification
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A.SSETBuil,DERS
February 27, 2012
Mr. James Nicotra, CPPB
Senior Procurement Specialist
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
Re: Design/Build of Tamarac ADA Restroom Renovations
RFP 11-23R
Subject: Design/Build Price for ADA Restroom Renovations
Dear Mr. Nicotra,
Asset Builders is pleased to submit our Design Build Price of $71,205.38 for the Design/Build of Tamarac
ADA Restroom Renovations, based on the project requirements and our visual observation of the
project sites. In accordance with the project agreement, this price includes the costs to design the
renovations in accordance to applicable ADA requirements, selective demolition, plumbing and
preparation of the project as per the plans that will be designed by our Designer, ACAI Associates, Inc.
The scope of work is further clarified by the qualifications & clarifications contained within this Price
Proposal.
We look forward to working with the City of Tamarac on this project.
Very truly yours,
Asset Builders, LLC
I
Wayne M. Messam, CGC, LEED AP, BD+C
Partner
Broward: 3600 Red Road, Ste. 303 Miramar, FL 33025
Miami: 4960 NW 165'�' Street, Ste. B1, Miami Gardens, FL 330141 Palm Beach: 205 SE 3rd Avenue, Ste. C South Bay, FI 33493
954.430.4361 PHONE 954.430.4369 FAX info@assetbuilderslic.com
www.assetbuilderslic.com I CGC1512276
0111
ASSE'TBuILD RS
Design/Build of Tamarac ADA Restroom Renovations
RFP 11-23R
BASIS OF COSTS, QUALIFICATIONS AND CLARIFICATIONS
The Scope of the services is based on the RFP requirements and our visual inspection of the
project sites. Asset Builders establish the pricing based on our preliminary sketch of each site
provided by our design partner ACAI Associates and our cost analysis of the proposed scope of
work needed to execute the performance of the project. Qualifications and clarifications to the
Design/Build Price for ADA Restroom Renovations are below.
Division 01—General Requirements:
1. The Design Builder warrants, without assuming the owner's responsibilities, that the As -built
provided are accurate and work installed was performed correctly.
2. Job Site Offices and Utilities — Costs associated with temporary construction trailers are not
included. There will be no field offices on site but administrative support will be provided
offsite at Asset Builders headquarters.
3. City of Tamarac will be responsible for the review and approval of project documents and
permit fees. Asset Builders has included the 1% fee in this price proposal.
4. Bond premium has not been included due to the size of project.
Division 02 — Existing Conditions:
1. The removal, disposal, handling or identification of asbestos, or other hazardous materials
such as contaminated soils, buried tanks, septic systems, etc. are not included in the pricing.
2. The City of Tamarac is to remove all materials, furnishing, equipment & systems that are to
be salvaged that are not a part of the scope of work outlined in the proposed layout. Asset
Builders will coordinate with Owner to identify items to be removed or replaced.
Division 06 — Wood, Plastics and Composites:
1. Included per the proposed layout and project drawings.
Broward: 3600 Red Road, Ste. 303 Miramar, FL 33025
Miami: 4960 NW 165`h Street, Ste. B1, Miami Gardens, FL 330141 Palm Beach: 205 SE 3rd Avenue, Ste. C South Bay, FI 33493
954.430.4361 PHONE 954.430.4369 FAX info@assetbuildersllc.com
www.assetbuilderslic.com I CGC1512276
0113
ASSETB ILDERS
G, NF9A4 r r_?'.dl i 'JN".11 1 "�O' M'+NA
Division 09 — Finishes:
1. Owner to provide product name, SKU # and manufacturer information for finished items. If
not provided Design Builder will match existing products replaced as close as possible
without warranty of being an exact match.
2. Epoxy flooring will be included in contract price as Alternate 1 for the Multi -Services
Building
Division 10 —Specialties:
1. All case work and bathroom specialty items like grab bars and partitions will be reused if in
good condition. Defective material will be replaced with new, per project drawings.
Division 11— Equipment:
1. Existing equipment will be adjusted to accessible height as per drawings.
Division 22 — Plumbing:
1. Included per the proposed layout and project drawings.
2. Design Builders knowledge is that there are no issues with the existing sanitary and
plumbing system hidden behind partition and underground but cannot warrant that
defective work or plumbing issues exist prior to commencement of work. If defective
plumbing issues are uncovered during selective demolition, we will advise owner
immediately and make recommendation on corrective measures.
Broward: 3600 Red Road, Ste. 303 Miramar, FL 33025
Miami: 4960 NW 165th Street, Ste. B1, Miami Gardens, FL 330141 Palm Beach: 205 SE 3rd Avenue, Ste. C South Bay, FI 33493
954.430.4361 PHONE 954.430.4369 FAX info@assetbuildersllc.com
www.assetbuilderslic.com I CGC1512276