HomeMy WebLinkAboutRestroom Facilities Limited - Turnkey Quotation - Sam Smith Park Restroom Building 2017 06 16 Facihfie,; Ltd.
TURNKEY 992 ATION
PROJECT NAME: SAM SMITH PARK RESTROOM BUILDING
OWNER: THE CITY OF WINTER SPRINGS, FLORIDA
DATE: JUNE 16, 2017
Restroom Facilities Limited (RFL),the Nation's leading specialized restroom design/build firm
since 1988, offers to furnish and install, per plans and specifications, subject to our attached
Scope of Work, and the Standard Terms and Conditions of Sale,which become part of our offer
to sell.
PRELIMINARY PURCHASE PRICE BUYBOARD CONTRACT 512-16
MODEL#AE202DF @ $ 119,224.00
This amount includes freight, crane and installation.
CMU Block building: building to have stone veneer, metal roof, drinking fountain inset
into alcove,china fixtures,tankless on demand water heater,LED lighting Interior and -
exterior, 75'water hose with reel located in mechanical chase, and timber entry truss
system.
Payment terms: 50% installment with order;45% in progress billings during construction;and
balance of 5% upon completion of delivery and installation, no retention. Payment of 95% must
be received by RFL prior to scheduling of delivery and installation. Thank you for considering
RFL as your restroom specialist for this project.
HOW WE WORK
Once plans have been approved and engineer stamped, the manufacturing process begins.
Typically,the manufacturing time frame is approximately 90-120 days and begins with
execution of sales order and receipt of approved submittals, color selections and progress
payments. It is the responsibility of the Client to respond to color selections in 1-3 days, if this
condition is not met it will delay the construction process and the Client may incur additional
charges. In-plant inspection reports and certifications will be provided by an independent
inspection agency.
Initial Initial Page 1 of 8
1707 Colt Circle, Marble Falls,Texas 78654 Phone:512,222.5454 0 www.restroomfacilities.com
The client must prepare the site in accordance with the"Scope of Work by Client"attached and
coordinate any required on site inspections. Client is required to provide verification that the
site is ready for delivery in accordance of Client's scope of work.
Exclusions:
A. Sidewalks beyond building slab.
B. Site issues beyond the control of RFL.
C. Damage to existing improvements.
D. Protection of existing utilities, landscaping, and improvements.
E. If required per geotech report,footing, piers, and/or select fill labor and materials to be
provided by others,
F. Excavation and backfill of trenches
CLIENT'S SCOPE OF WORK TURNKEY INSTALLATION OF RESTROOM BUILDING WITH
ATTACHED SLAB
1. SURVEY STAKES:
Provide ten foot offset stakes and locate front corners of building, existing utilities, and
inverts within the area of construction. Locate and mark final slab elevation.
2. SUBGRADE PAD:
Detailed instructions to prepare the building site are as follows:
2.1. Excavate down ten inches below the finish floor elevation (the slab is eight
inches thick on top of a two inch sand bed).
2.2. Import six inches of%-road base rock, and pour for a footing and/or piers.
2.3. Compact to 95%, or to local code requirement. If RFL installer questions 95%
compaction Client will be required to sign off on approval of setting of the
building.
2.4. Compact one foot over in all directions(over build).
2.5. Supply approximately five cubic yards of clean sand, on side of site, for fine
grading.
2.6. Excavate and backfill trenches up to and within building pad for RFL supplied
underground utility service kits.
2.7. Provide water and inspection for RFL supplied underground sewer kit.
2.8. All irrigation should be turned off prior to delivery to allow the surrounding soils
to dry and bear the weight of the truck and crane.Any damage to area after
verification of path in is the responsibility of the Client.
2.9. Check comer locations against plans for proper sizing.
2.10. Verify finish floor elevation for concrete slab(shipped fully attached to the
building.)
2.11. Excavate one foot perimeter footing if required by local code to specified depth.
2.12. Verify that pad is level and flat and at correct elevation.
Initial initial Page 2 of B
1707 Colt Circle,Marble Faris;Texas 78654 0 Phone: 512.222.5454 wwww.mstroomfacilities.com
3. SITE ACCESS AND STORAGE:
Provide suitable safe clear access to allow a crane(minimum 110 tons), and the bullding
on a semi-trailer(up to 40 tons)to reach site (14'width, 70' length,and 14'in height). If
path to site is over existing utilities,sidewalks, or other damageable areas, proper
marking, plating or other appropriate protection must be provided by and paid for by
CLIENT. CLIENT is responsible for removing any overhead obstructions(i.e. power
lines, trees). CLIENT is responsible for scheduling and paying for the de-energizing of
any power lines, if powerlines are not de-energized in a timely manner any additional
truck and 1 or crane cost will be the responsibility of the Client. Upon agreed delivery
schedule client will be responsible for additional crane and trucking charges if any delays
are incurred due to weather, lack of inspections, lack of pad being prepared,or any other
cause for delay..This proposal provides for a 110 ton crane with access to within 25'of
the building pad. The proposal is based on.four(4) hours of crane time. If access is
limited a larger crane may be required. All additional crane costs shall be borne by the
CLIENT. A direct route to the project site is assumed. Should routes be altered due to
road closures or restrictions, additional fees may apply.
4. UTILITIES:
Bring water,sewer, and power(if applicable) utilities into point of connection Christy
boxes(supplied by RFL), within six feet of the building line at the location shown on our
plan.
4.1. Water: RFL will furnish a water point of connection (isolation valve),from
mechanical chase to a Christy box.six feet from the building line. CLIENT must
have a licensed plumber install and connect service to valve.
4.2. Sewer: RFL will furnish a sewer point of connection from mechanical chase to
a Christy box six feet from the building line. CLIENT must have a licensed
plumber install and connect service. Depth of sewer line (below finished floor
elevation)will be approximately 30"at bottom of sewer line at a distance of 6'
from building. It is the responsibility of the Client to meet up with RFL's supplied
sewer line at this depth. Client will be responsible for hiring of licensed plumber
to acquire appropriate plumbing permit, to install prefabricated underground
plumbing kit into pre dug trench, and to make connections between
underground stubups and internal building plumbing located in plumbing chase
within the building. RFL installer will be on site to answer any questions or give
direction as to proper installation of said plumbing kit as requested by licensed
plumber or client.
4.3. Electrical: (when this option is chosen) RFL will furnish and install a PVC
conduit and a Christy box to the point of connection six feet from the building
line. CLIENT to pull the electrical service line through the conduit and connect
to the main panel lugs inside the building. All electrical inside the building will
be furnished and installed by RFL, except as noted above in exclusions.
Initial Initial Page 3 of 8
1707 Colt Circle, Marble Falls,Texas 78654 Phone: 512.222.5454 46,vvviw,,restraomfacilities.corn
4.4. If the utilities are not available and connected to building when we depart the
site, an additional charge will be billed to the CLIENT in the amount of 1,500 per
day to send an installation crew back to site to flush out plumbing lines,
pressurize
building plumbing,test for leaks, test all other components of the building
(plumbing,sewer, electrical), and conduct a final walk through of the building.
4.5. A minimum 1%2" line with 25 gpm at 60 psi pressure minimum is required to
ensure that water closets will operate as designed. If this is not available an
auxiliary holding tank may be required.
5. SPECIAL CONDITIONS AND COSTS:
If specifications and/or local ordinances by owner and/or local jurisdiction require any
testing, work by licensed plumbers,work by licensed electricians, or special inspections,
costs, if any, shall be borne by CLIENT. Notwithstanding,Company shall utilize qualified
and properly licensed professionals and subcontractors for performance of its work.
6. PERMITS AND FEES:
All building permits and fees shall be borne by CLIENT.
7. INSPECTIONS:
We require that all inspections be scheduled with adequate notice to ensure that the
underground plumbing and electrical work is approved prior to placement of building.We
require that final inspection and acceptance by owner and building officials be performed
immediately following RFL's completion of installation. If any conditions exist in which
RFL cannot conduct a final walkthrough (no utilities/partial utilities available during
install, or other circumstances beyond our control)resulting from a failure of CLIENT to
perform under this agreement,then there will be an additional charge of 1,500 per day to
send an RFL Install crew or crew member back out to site at a later date to complete the
installation. We also require final inspection and acceptance immediately following
RFL's conclusion of any correction items.
8. SITE CLEANUP.AND DEBRIS REMOVAL:
CLIENT shall provide an on-site trash bin for disposal of one pick up load of debris. All
excess spoils shall be responsibility of CLIENT. All rough and final grading shall be by
CLIENT.
9. VERIFICATION OF PREPARED PAD:
Client must verify elevation, compaction of pad as well as the pad being flat and
level prior to delivery of building(s).
STANDARD TERMS AND CONDITIONS OF SALE
Initial Initial Page 4 of 8
1707 Colt Grde, Marble Falls,Texas 78654 0 Phone: 512.222.5454 www.restroomfacilities.com
1. LINKAGE:
These Terms and Conditions of Sale shall apply and form a part of the Company's Offer
to Sell and supersede all other expressed or implied terms and be linked to our
Agreement for work whether or not signed by the Purchaser.
2. ACCEPTANCE:
Unless otherwise expressly stated herein, the Company's Offer supersedes all previous
quotations and expires, unless accepted by purchaser,within thirty(30)days from date
of Offer. None of the Terms and Conditions contained in this quotation may be added
to, modified, superseded or otherwise altered except by a written instrument signed by
the President of the Company. Each shipment to buyer from the Company shall be
deemed to be only under these Terms and Conditions of Sale,which shall become part
of our Offer to Sell, notwithstanding any Terms and Conditions that may be contained in
any purchase order or other form of the buyer, notwithstanding the shipment,
acceptance of payment or similar act of the Company. All Purchase Orders when
accepted by the Company at 1707 Colt Circle, Marble Falls,Texas 78654,will be in
accordance with the Laws of the State of Texas. All orders are subject to review by the
Company in accordance with the Company's Offer to Sell before final acceptance is
authorized. All disputes shall be governed by applicable Florida Law and all claims shall
be filed and litigated in Seminole County, Florida.
3. PRICES:
Sales tax is not required provided the structure is installed by RFL. All Use taxes,and
applicable in plant taxes, in plant permits and fees are paid for by RFL. If payment is not
made by client in accordance with the Contract Terms, interest will be charged at the
rate of 1-1/2% (one and one/half percent)per month until paid. If an order is accepted
by the Company, and a delivery date is accepted by the Client, and delivery is delayed
by the Client, payment of all but 10% is due upon completion at the Point of
Manufacture. A 1-1/2% (one and onethalf percent) per month added fee shall be due for
each month the shipment is delayed.
4. TERMINATION:
Purchaser shall be responsible for costs of work performed which will include overhead
and profit. Contract may not be cancelled once production has commenced.
5. TITLE AND LIEN RIGHTS:
All Products remain the personal property of the Company, whether or not affixed to any
other real property or structure, until the price(including any notes given therefore)of the
equipment has been fully paid in cash. The Company shall, in the event of the
purchaser's default, have the right to enter upon any premises and repossess such
structures and equipment wherever it may be located.
Initial Initial Page 5 of 8
1707 Colt Circle,Marble Falls,Texas 78654 0 Phone: 512.222.5454 6 mm.restrootnfacilities.com
6. LACHES:
Failure of the Company or CLIENT to exercise any right or remedy under this contract
shall not be deemed a waiver of such right, nor shall any lien or other right of the
Company or CLIENT be lost or impaired by laches or In any manner or by any act or
failure to act.
7. LIMITATION OF LIABILITY:
Neither Company nor CLIENT shall have any liability for liquidated damages, for
collateral, consequential special damages, loss of profits,loss of production, delay in the
progress of construction,whether resulting from delays in delivery, performance, breach
of warranty, due to lack of timely performance in reviewing and approving shop
drawings, completing site preparation or lack of payment in accordance with the terms
set forth herein. The aggregate total liability of the Company under the contract, whether
for breach of warranty or otherwise shall in no event exceed the contract price. Subject
to the limits of sovereign immunity, CLIENT agrees to indemnity and hold harmless the
Company from all claims by third parties which extend beyond the foregoing limitations
on the Company's liability and arise out of any act, error,omission, or negligent act by
CLIENT, its agents,or employees, during the performance of the Agreement, except that
neither CLIENT, its agents, or its employees will be liable under this paragraph for any
claim, loss, damage, cost,charge, or expense arising out of any act,error, omission, or
negligent act by the Company or any of its officers,agents, or employees..
8. DELIVERY:
Except as may be otherwise specified in the attached Offer, delivery will be F.O.B. point
of manufacture. Time of delivery is an estimate only. Neither Company nor CLIENT
shall In any event be liable for delays caused by fires,acts of God,strikes, labor
difficulties, acts of Government or military, delays in transportation or procurement of
materials or causes of any kind beyond the Company's immediate control. If building is
ready for shipment and Customer delays said shipment, Company shall store the facility
at the point of manufacturing and charge 1-1/2% (one and one/half percent) per month
as a storage charge. If shipment arrives and site is not ready,Owner shall pay any off-
site storage fees as applicable.
9. WARRANTY:
All structural elements produced by the company are warranted to the purchaser to be
free from defects in material,workmanship and title. The Company will replace or repair,
at its option, defects in workmanship or any part which is proven defective within five
years from delivery. This warranty applies only where the Company has been notified in
writing of the defect within the warranty period and where any equipment has been
properly operated and maintained In accordance with the Company's Instructions: the
Company having no responsibility for abuse, neglect, minor leaks in plumbing, or
improper storage. Should any issues arise where additional work must be performed
Initial Initial Page 6 of 8 j
1707 Colt Circle, Marble Falls,Texas 78654 0 Phone; 512.222.5454 0 www.restroornfacilities.com i
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RFL retains the right to perform this work at the earliest opportunity. Should it be
necessary to have this work performed by others due to the nature of the work or a
conflict in scheduling, RFL must be notified 48 hours in advance in writing and given the
opportunity to perform said work. Should it be necessary to have this work performed by
others a written estimate must be approved by RFL in advance of any work being
undertaken. The Company assigns any and all warranties for fixtures, appliances,and
other equipment manufactured by others to said other manufacturer. Due to its nature,
concrete is prone'to settling and cracking. Minor cracking in the concrete is normal and
is not the responsibility of RFL. We use high quality 304 stainless steel in our products
and under certain conditions and/or improper maintenance stainless steel may rust.
Minor rust spots or discoloration are not the responsibility of RFL. The foregoing shall
constitute the said liability of the Company and the sole remedy to the purchaser.
Company's warranties as set forth in this paragraph are exclusive and are in lieu of, and
purchaser hereby waives all other warranties, expressed or implied, including without
limitation,any implied warranties or merchantability and fitness. This warranty shall be
void if payment in full for the project is not received by the Company in accordance with
these Terms and Conditions of Sale.
10. CREDIT:
(Deposit and Progress Payments)
11. MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES:
Orders may require deposits or progress payments. If the buyer delays completion of
manufacture or a delay in shipment,the Company shall require payment according to
the percentage of completion. In the event of the default of the buyer,the Company is
entitled to the full amount due including reasonable attorneys fees, costs, storage,
expenses of physical recovery, and interest at 1-1/2% (one and one/half percent)per
month.
12. CLIENTS AND NON-GOVERNMENT AGENCIES:
Orders may require deposits or advance payment as well as progress payments
subject to the buyers creditworthiness in accordance with the Company's applicable
credit policies. Breach of any payment terms shall accelerate full payment which shall
be due the balance of the contract amount including change orders.
13. WORK IS A PRIVATE UNDERTAKING: With regard to any and'all Wok performed
hereunder, it is specifically understood and agreed to by and between the parties
hereto that the contractual relationship between the Company And Owner is such that
the Company is an independent contractor and not an agent of the Owner. The
Company, its contractors, partners, agents, and their employees are independent
contractors and not employees of the Owner. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor,
between the Owner, on one hand, and the Company, its contractors, partners,
Initial Initial Page 7 of 8
1707 Colt Circle, Marble Falls,Texas 78654 0 Phone:512.222.5454 &www.restroomfaciliffes.com
employees, or agents, during or after the performance of the Work under this
Agreement.
14. DOCUMENTS:
All documents,transactions, writings, papers, fetters, tapes, photographs,sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this Agreement
or in connection with any funds provided by.the Owner pursuant to this Agreement may
be considered public records pursuant to Chapter 119, Florida Statutes. Company
agrees to [seep and maintain any and all public records that ordinarily and necessarily
would be required by the Owner in order to perform the services required by this
Agreement. Company also agrees to provide the public with access to public records on
the same terms and conditions that the Owner would provide the records and at a cost
that does not exceed the cost provided by.Chapter 119, Florida Statutes or as otherwise
provided by law. Company shall also ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law. This Paragraph shall survive the termination of this
Agreement.
15. SOVEREIGN IMMUNITY:
Notwithstanding any other provision set forth in this Agreement,nothing contained in this
Agreement shall be construed as a waiver of the Owner's right to sovereign immunity
under Section 768.28, Florida Statutes or other limitations imposed on the Owner's
potential liability under state or federal law.
RESTROOM FACILITIES LIMITED
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Jo n P man, P esident Date
CITY OF WINTER SPRIN �, LORIDA
Kevin Smith, City Manager Date
Initial Initial Page 8 of 8
1707 Colt Circle,Marble Falls,Texas 78654 0 Phone: 512.222,5454 ,,Fww.restroomfacilitles.com