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HomeMy WebLinkAboutR-1996-083RESOLUTION NO.83-96 A RESOLUTION OF THE CITY OF DANIA, FLORIDA AUTHORIZING THE CIry MANAGER TO CONTRACT WTH FLORIDA ELECTRIC SERVICE CO. INC., UNDER CITY OF CORAL SPRINGS EXISTING CONTRACT, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR FURNISHING LIGHTING AND INSTALLATION FOR THE SPORTS FIELD AT FROST PARK IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND DOLLARS ($18,000.00) WlrHoUT coMPETlTlvE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO IHE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania, Part lll, Article 3, Section 4, Subsection (J), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in an amount in excess of seven thousand five hundred dollars ($7,500.00) and in an amount up to and including fifteen thousand dollars ($15,000.00) may be made by the City Manager without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the city commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the Federal Government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to obtain the services of Florida Electric Service Co., lnc. for lighting and installation at the sports field for Frost Park; and WHEREAS, the City Manager has determined that the city will realize a savings by contracting with Florida Electric Service Co., lnc., under existing contract with City of Coral Springs, in an amount not to exceed eighteen thousand dollars ($18,000.00) for furnishing lighting and installation at Frost Park; and 1 RESOLUTION NO.83-96 WHEREAS, the City Manager has determined that such services can be obtained at the least cost to the city by using the bid prices from the City of Coral Springs contract according to the letter dated September 4, 1996 and terms of the contract with Florida Electric Service Co. lnc., a copy of which are attached hereto and made a part hereof as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the City Manager be and he is hereby authorized to pay from the General Fund the sum of eighteen thousand dollars ($18,000.00) for lighting improvements. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 1Oth day of Septe CITY CLERK -DITOR APPR D FOR M AND CORRECTNESS R. COMMISSIONER r,1 BY: eyFRANK. ADLER, C Atto 2 RESOLUTION NO. 83-96 ATTEST: THIS AGREEMENT, made and entered into this 1Oth day of September, 1996, by and between the City of Dania,, Florida, hereinafter called the Owner, and Florida Electric Service Co., lnc., a Florida Corporation, hereinafter called the Contractor. WITNESSETH: That the Contractor for the consideration hereafter fully set out, hereby agrees with the Owner as follows: That the Contractor shall furnish all the materials equipment and labor to perform all the work necessary to complete the lighting and installation improvements at Frost Park for the City of Dania, Florida, all in full and complete accordance to the following Specifications and Contract Documents, which are aftached hereto and made a part thereof, as if fully contained herein: That the Contractor shall commence the work performed under this Agreement on a date to be specified in a write-in order by the Owner and shall fully complete all work no later than September 30, 1996. J That the Owner hereby agrees to pay the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications of Proposal, in lavuful money of the United States, the amount of Eighteen Thousand Dollars ($18,000.00) based on the estimate quantities and unit, or lump sum prices contained herein. That the Owner, within five days from the day of final inspection and acceptance by the Owner, pay the Contractor the amount approved. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made. No additional work or extras shall be performed unless the same shall be duly authorized by appropriate action of the Owner. That in the event either party brings suit for enforcement of this agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. The Contractor shall guarantee the complete project against poor workmanship and faulty materials for a period of twelve (12) months after final payment and 1 2 4 5 6 8 , i tl-[ "Ai' 7. AGREEMENT 10 11. 12. shall immediately correct any defects which may appear during this period upon notification by the Owner. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those rising from unsettled liens, from faulty work appearing within twelve (12) months after final payment and Contractor shall immediately correct any defects which may appear during this period upon notification by the Owner. The Contractor may requisition payments for work completed during the project at monthly intervals. The Contractor's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with such supporting evidence as may be required by the Owner. Each requisition shall be submitted in quintuplet to the Owner or Project Manager for approval. The engineer shall promptly notify the Contractor, in writing, if either the Owner or engineer, after due investigation, has reasonable objections to any subcontractor on such list and does not accept him. Failure of the Owner or engineer to make objection within two weeks to any subcontractor on the list shall constitute acceptance of such subcontractor. After acceptance, no subcontractor shall be changed without written approval of the Owner and engineer. The Contractor shall indemnify and save harmless the City of Dania, their agents and employees from or on account of any injuries or damages, received or sustained by any person or persons or on account of any operations connected with the construction of this project; or in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or sub-contractor, agents, servants, or employees. Contractor further agrees to indemnify and save harmless the City of Dania, their agents or employees, against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the Contractor, his agents, servants or employees. 2 The indemnification provided above will obligate the Contractor to defend at its own expense or to provide for such defense, at the City of Dania option, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City of Dania which may result from the operations and activities under this contract whether the construction operations are performed by the Contractor, sub-contractor or by anyone directly or indirectly employed by either. The execution of this contract by the Contractor shall obligate the Contractor to comply with the foregoing indemnity provisions; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. 13 The contractor will be required prior to execution of the contract by the Owner, to furnish a certificate of insurance and will cause to be issued by the Contractor's insurance carrier, an endorsement including the City of Dania as named insured under such contract of insurance. lN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above, in two (2) counterparts, each of which shall without proof or accounting for the other counterpart be deemed an original Contract. CITY OF DANIA, a municipal corporation of the State of Florida ATTEST: By: Mayor -sstoner By: M mith a r WITNESSES Florida Electric Co. lnc., a Florida Corporation By President APPROVED AS TO FORM AND GORRECTNESS By: Frank C. Adler, City Attorney 3 CITY CLERK. AUDITOR 09!A41L996 L4:14 954-321-0355 FLoRtDA ELEcTRIc *rnvtcg Co.. lNc.o o PAGE 82 w-03$ t4sn s.w- 2lrr AvEiruE - FT. LA{rDEilB. LE, rLA, S3irlr . BuSr Eag PHOII€ 587'e'7ao 1-b o 6 ooo LGI LrEr.lrxc September 4, 1996 ltcCity of Duir finaoce Division Attcatiooi Mr. Micttsd S6irL 100 W' Danie Bearfi Bhld' Ihrda, Flori.ls 33004 Re: rmst Pe*, Spetrr mc* fftfilfrqlqtlllrdon Dear Mr. Smith Florida Etectric servicc co., &a. rrspccfttly submits o|E Eot to arcoed pricc of $18'000'00. This pricc in*ludes tte fottowiil; L lnshlldion of 2r6f, oomcdE polca md 2-?y con@E poles' 2. tnstallarion of 16'1500 w# rrEtrl bltide firdurts (1o achieve the ligttiog levels of 30 foot oandkl nhfcld rtd 20 foot candtce ou60ld as shotDr otl thc attaehed lieHingEodd.) This rr,ork will be billed oa a tEle ud:Dfrfiil kfu rccordiry !o oru ariring contrrct with the City of Coral Springs hot to c*c.o.f Ot abow qPotcd PdGc. please contact me should yor rnquirc fulg informcdsu or have aIy questioru. Sinccrcly, 0'l'5q(rL Steven L. Siems Dirccor SLValo cc: prop.daaia sElr-€.4-t996 L4t@9 954 321 8355 P.A? & cl E t T tII!, I3N I(!*$fiifi cc.8 IeE E6 AT:,I 966T-?€Fd:IS &o I 6 s;rI tsE!3 T .B.5:sf ua'd O a@ 6'a r o OO 6l@ o lr) LrJJ Ua e ciIJ) sNtnrY ? tnol\n 3rod OJ OZ,/Oe pla!J ttDqasDg 8fo *tr'fr f 'of, 0 u t t 8 b.ze 'tz o'gz 're f. 6t bzOl 91 0 L s t 'ta I s s '9 I z +'of EUac LO I 9z d I 'tZI bz r'9e r9e sa 0.6 s'9e l't 9ao' aet 6.b t a Lr"J m _) --J(J s)]r. N4 fuct} FLa crtF:F.1 8 Ue f oo- Z o o5o o (') I vo ) I'eI o oE o ta P)alJlnE 6 Ea L',9? 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