HomeMy WebLinkAboutR-2017-052 Authorizes the Expenditure of Funds for Electrical Repair Services from the Kilowatt Electric Company Under the City of Coral Springs ITB #17-B-008F Ending 12/31/18 for FY2016-2017 RESOLUTION NO. 2017-052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS BY
VARIOUS CITY DEPARTMENTS FOR ELECTRICAL REPAIR SERVICES
FROM THE KILOWATT ELECTRIC COMPANY UNDER THE CITY OF
CORAL SPRINGS ITB NUMBER 17-13-008F ENDING DECEMBER 31, 2018,
FOR FISCAL YEAR 2016/2017, THAT MAY EXCEED AN ANNUAL
VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS
($25,000.00); AUTHORIZING SUCH PURCHASES THAT ARE MADE
WITHIN THE RESPECTIVE DEPARTMENTS' APPROVED ANNUAL
BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
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, if such purchases are made pursuant to
a competitive bid obtained within the last eighteen (18) months by other governmental agencies
such as the federal government, State of Florida or the Florida county or municipality; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold at $25,000.00 for a vendor each fiscal year; and
WHEREAS, the Public Services Department and various departments require electrical
services during the current fiscal year, which may exceed the annual Twenty Five Thousand
Dollars ($25,000.00) City purchase threshold for a single vendor and, therefore, requires
Commission approval; and
WHEREAS, the City of Coral Springs competitively bid electrical services in October
2016 and subsequently awarded a Service Agreement under Bid Number 17-B-008F with
Kilowatt Electric Company, which will expire on December 31, 2018; and
WHEREAS,the Public Services Director has determined that the electrical services can be
obtained at the least cost to the City, without competitive bidding and without advertisement for
bids, from Kilowatt Electric Company under its existing Service Agreement under Bid Number
17-B-008F with the City of Coral Springs, which Agreement is attached as Exhibit "A", and is
made a part of and incorporated into this Resolution by this reference;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes and ratifies the purchase of electrical
services from the Kilowatt Electric Company under the ITB Number 17-13-00817 and contract it
has with the City of Coral Springs in an amount exceeding the annual amount of Twenty Five
Thousand Dollars ($25,000.00)purchase threshold for a single vendor.
Section 3. That all Department purchases from Kilowatt Electric Company shall be
subject to and made within the respective Departments' approved annual budget appropriations in
accordance with the City's procurement policies.
Section 4. That the proper City officials are authorized to execute the attached
agreement between the City and Kilowatt Electric Company, a copy of which is attached as
Exhibit`B"and it is made a part of and is incorporated into this Resolution by this reference.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall become effective upon its passage and adoption.
PASSED and ADOPTED on June 13, 2017.
ATTEST: A�IS FIoT��rf-
LOUISE STILSON, C C TAMARA JA
CITY CLERK MAYOR
A� 1
APPROVED AS T ORM AND CORRECTNESS:
THOMJkS J. AN O
CITY ATTORN
2 RESOLUTION#2017-052
AC?0Y,EM.EIoNT 3; Rr- f-1 EN CITY OF COPAL SP TGU,F'J0 A
ANY IUL WATT ELITIC `=COA UPAP7T FOR ELECTRICAL C'CNM1 AC c GR
SERVICES
GREEMENT made and�into the j ua� of 1� 20
THIS A , y —_ ,by
and between:
ug
CITY OF CORAL SPRINGS,FLORIDA
a municipal corporation
9551 West Sample Read
Coral Springs,Florida 33065
(hereinafter referred to as"CITY")
AND
KILOWATT ELECTRIC COMPANY
a Florida corporation
1700 NW 22d Avenue
Pompano Beach, Florida 33069
(herei udder referred to as "CONTRACTOR")
WHEREAS,on October 25, 2016 the CITY issued Bid Number 17-B-008F for Licensed
Electrical Contractor,and
WHEREAS, City staff has reviewed the bids and has reconnntends that Kilowatt Electric
Company be selected for services; and
Rrk MAS,the CITY Commissions cobra with the recommendation.of City staff;and
IN CONSIDERATION of the mutual covenants and undertakings and other good and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
do mutually covenant and agree as follows:
ign, I nRMSH VAIUCUS ELECTRICAL' CONTRACTOR SERVICES
CONTRACTOR agrees to provide various electrical contractor services for the CITY
pursuant to teens and conditions set]Forth in the instructions to bidders and specifications
of the Invitation to Bid No. 17-B-008F,incorporated herein by reference.
Section 2. 'TERMS OF AGRF&WZNT
This Agreement will commele on January 1,2017 and shall terminate on December 31,
2018,unless otherwise terminated pursuant to Section 19 of this Agreement. The MY
reserves the right to renew this contract for two(2)additional two(2)year tee based on
CONTRACTOR'S acceptable level of performance and subject to funding approved by
the City Commission.
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COMPY.NSA TION
3.01 CITY agrees to pay to CONTRACTOR for services as per prices listed in
Exhibit'A".
3.02 All payments for services shall be in accordance with the unit costs as
de ,in CONTRACTOR'S response to Bid No. 17-3.008F, inwrponW herein by
reference, and invoiced by CONTRACTOR.. Request for payment shall be submitted to
the Purchasing Division, Department of Financial Services, City of Coral Springs, 9551
West Sample Road, Coral Springs, Florida 33065. CITY shall pay CONTRACTOR
within thirty(30)calendar days of approval of the invoice by CITY
Sect. RECORDS AND AUDff
CITY reserves the right to audit the records of CONTRACTOR relating to this
Agreement any time during the pa* mance and team of the Agreement and for a period
of three (3) years after wmpletion and scoeptance by CITY. If required by CITY,
CONTRACTOR shall agree to submit to an audit by an independent certified public
accountant selected by CITY. CONTRACTOR shall allow CITY to inspect, examine and
review the records of CONTRACTOR at any and all times during normal business hours
during the term of this Agreement
IF THE, CONTRACTOR HAS QUESTIONS REGARDING THE
"PLICATION OF CHAPTER 119, FFOR A STAT'J T ES, TO THE
CONTRACTOR'S DUTY TO PROVWE PUBLIC RECORDS
RELATING TO TINS COM ACT, CONTACT THE CUSTODL4N
OF PUBLIC 'REECOR AT TM =1 OF CO3ML SPRMS.,
D14 BRA T OMAS, CMC, CITY CLEEJTW, 9551 WEST SAYIEFLE,
ROAD, CORAL SPRINGS, FLORIDA 33065.)
DTH0MAS c,CURALSPR1NGS.QRG, TEIZPHOi E NU?*IBER.
(9 )344-1067.
CONTRACTOP.understands, acknowledges and agrees VW the CONTRACTOR shall,
pursuant to Section 119.0701, Florida Statutes, as amended from time to time, do the
following:
(1) Keep and maintain public records required by the CTTY to perform the service.
(2) Upon request from the CITY'S custodian of public records, provide the CITY
with a copy of the requested records w aDow the records to be iaspected or copied witwu
a reasonable time at s cost that does not exceed the cost provided in Chapter 119,Florida
Statutes, or as otherwise provided by law or CITY policy.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
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duration of the contract tern and following completion of the contract if the
CONTRACTOR does not transfer the records to the CITY.
(4) Upon completion of the contract, transfer, at no cost, to the CITY all public
records in possession of CONTRACTOR or keep mW maintain public records required
by the CITY to perform the service. If the CONTRACTOR transfers all public records to
the CITY upon canWletion of &c contract, tine CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR.keeps and nu&Aains public records upon
completion of the contract., the CONTRACTOR shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
CITY, upon request from the CITY'S custodian of public records, in a format that is
compatible with the information technology systems of the CITY
REQUEST FOR NONCOMPLIANCE
(a) A request to inspect or copy public records relating to a CITY's contract for
services must be made dirertly to the CITY. If the CITY does not possess the requested
records, the CITY shed immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the CITY or allow the records to be
inspected or copied wig a r eawna'ble amount of time.
(b) If a CONTRACTOR does not comply with the CITY's request for records, the
CITY shall enforce the contract provisions in accordance with the contract.
(c) A CONTRACTOR who fails to provide the public records to the City within a
reasonable time may be subject to penalties under Section 119.10.
CIVIL ACTION
(a) If a civil action is filed against a CONTRACTOR to compel production of public
records relating to a CITY'S contract for services,the court shall assess an award against
the CONTRACTOR the reasonable costs of enforcement, including reasonable attorney
fees,if.
(1) The court determines that the CONTRACTOR unlawfully refused to
comply with the public records request within a reasonable time,and
(2) At least eight (S) business days before filing the action, the plaintiff
provided written notice of the public records request, inchiding .a
statement that the CONTRACTOR has not complied with the request, to
the CITY and to the CONTRACTOR.
(b) A notice complies with subparagraph(a)2. if it is sent to the CITY'S custodian of
public records and to the CONTRACTOR at the CONTRACTOR's address listed on its
contract with the CITY or to the CONTRACTOR's registered agent. Such notices must
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be sent by common carrier delivery service or by registered, Global Express Guaranteed,
or certified mail, with postage or shipping paid by the sender and with evidence of
delivery,which may be in an electronic format:
(c) A CONTRACTOR who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable costs of enforcement.
ection 5. INDEPENDOff CONTRACTOR STAPI'US
CONTRACTOR and its employees, volunteers and agents shall be and remain as
independent contractors and not agents or employees of CITY, with respect to all of the
acts and services performed by and Linder the term of this Agreement. This Agwmant
shall not in any way be construed to create a partnership, association or any other kind of
joint undeJrtaidng or venture between Me parties hereto.
Section b. COI+iiE`LICT OF I REIST
6.01 CONTRACTOR covenants that no person under its employ who presently
excises any fLmctions or responsibilities in connection with this Agreement has any
personal financial interests, direct or indirect, with CITY. CONTRACTOR finther
covenants dvm4 is the ice of duffs Agmcwent,no person having such conflicting
icting
interest shall be employed. Any such interests, on the part of CONTRACTOR or its
employee,%must be disclosed in writing to CITY.
6.02 CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of
the City of Coral Springs,Broward County and the State of Florida,Chapter 112, Florida
Statutes (2016), as amended, and agrees that it will fully comply in all respects with the
terms of said laws.
6.03 CONTRACTOR warrants that it has not employed or retained any person
employed by CITY to solicit or secure this Agreement and that it has not offered to pay,
paid, or agreed to pay, any public official or person employed by CITY any fee,
commission,porce tags, brokerage The or gift of any kind, contingent upon or resulting
from the award of this privilege.
Section 7. INDEMNIFICATION
7.01 The parties agree that one percent (15/6) of the total compensation paid to the
CONTRACTOR for services rendered during the term of this Agreement d d11 be
construed as specific consideration for the indemnification agreement stated as follows:
The CONTRACTOR agrees to indemnify, defend, save and hold the CITY, its officers,
agents and enployees, Mess f m- any and all clAmrs, damagm Habit losses,
causes of action of any natc=whatsoever,which may arise out of,in connection with, or
because of the services of the CONTRACTOR specifically including improper or
inadequate supervision instruction and/or the use, maintenance or operations of the
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CONTRACTOR under this Agreement or the breach of this Agreement by the
CONTRACTOR.
7,02 The CONTRACTOR shall pay a!t claims, losses, liens, settlements or judgments
of any natue whatsoever in connection therewith,including but not limited to,attorney's
fees and costs to defend all claims or suits,in the name of the CITY when applicable and
shall pay all,casts ndjudgments which may:issue thercon.
7.03 The CITY reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be the
responsibility of the CONTRACTOR under this indemnification agreement.
7.04 Such indemnification shall not be limited to the amount of comprehensive general
habilityinstvance which the CONTRACTOR is reclt—to obtain under burs Agreement.
Nothing contained herein is intended nor shall be construed to waive the CITY's rights
and immunities under the common law or Florida Statutes 763.28, as amended from time
to time.
7.05 PATENT AND CO;RI."YRMHT MEMNI 'ICATION: CONTRACTOR shall
indemnify, save and hold harmless,the CITY, its officers,agents and employees from all
claims, damages,losses,HaEb lit es and expenses arising out of an alleged infiingernent of
copyrights, patent rights,the unauthorized or unlicensed use of any material,property or
other work in connection with the performance of the services provided pursuant to this
Agreement.
section 8. INSURANCE
8.01 The CONTRACTOR shad secure and maintain, at its own expense, and keep in
effect during the full term of this Agreement, a policy or policies of insurance, which
must include the following overages and minimum limits of liability:
(1) 'Worker's QmZe Ovation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United
States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act
and&c Jones Act. Employees Liability Insurance shall-be provided with a minimum of
two hundred thousand and xx/100 dollars ($200,000,00) per accident. The
CONTRACTOR agrees to be responsible for the employment, conduct and control of its
employees and for any injury sustained by such employees in the course of their
employment,
(2) Commercial A=mobile Liability for all owned, non-owned and hired
autom€robilm and other vehicles used by the CONTRACTOR: in the per*anance of the
obligations of this Agreement with the following minimum limits of liability with no
restrictive endorsements:
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$1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury & Property
Damag
(3) Comvrchensive General Liability (occurrence form) with the following minimum
limits of liability with no restrictive endorsements:
$1,000,000.00 Combined Siagle Unit, per occurrence, Bodily Injury & Property
Damage. Coverage shall specifically include the following with minimum limits not less
than those required for Bodily injury Liability and Property Damage Liability:
(a) Premises and Operations.
(b) Independent Contractors.
(c) Product and Completed Operations Liability.
(d) Broad-Form Prouty Damage.
(e) Broad Form Contractual Coverage applicable to the Agreement and
specifically insuring the indemnification and hold harmless agreement
contained in section 8(check when final)of the Agreement.
M Owner's or Contractor's Protective Liability.
SA2 UPON CONTRACT EXECUTION, THE CONTRACTOR SHALL
SUBMIT TO CrTTY COPM OF M CERTMCAT9(S) .OF INWRANCE
V,VW'E`N0NG TBX QUIR1,I) COVERAGE& AND SPECIFICALLY
PROVIDI'M TAT THE CITY OF CORAL SPRINGS IS ,AN ADD MI ON
N.A MMD INSURER OR ADDITIONAL INSURED WITH RESPECT TO THE
P.EQUIRED COVERAGES AND THE OPERATIONS OF CONTRACTORS
UNDER THE AGREE U NT. Iease nowe companies selected must be acceptable to
CITY. All of the policies of insurance so required to be purchased and maintained shall
contain a provision or that the coverage afordecl shall not be canceled,
materially changed or renewal refused until at least thirty (30) calendar days written
notice has been given to the CITY by certified mail.
8.03 These insurance requirements shell not relieve or Limit the liability of the
CONTRACTOR. The CITY does not in any way represent that the types and amounts of
insurance required hereunder are sufficient or adequate to protect the CONTRACTOWs
its or des but are mwdy mifi*wm eegK end established by*e, +C1TTrs
Risk Management Coordinator. The CITY reserves the right to require any other
insurance coverages that the CITY deems necessary depending upon the risk of loss and
exposure to liability.
8.04 The required insurance coverage stW1 be issued by an insurance company
authorized and licensed to do business in the State of Florida,with the minimum rating of
B+to A+,in accordance with&c latest edition of A.M.B+eWs,larmance OW&
8.05 The CONTRACTOR shall require each of its sub-contractors of any tier to
maintain the insurance: required hewn (except as respects limits of coverage for
employers and public liability insurance which may not be lees than One Million
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($1,000,000) Vonars for each category), and the CONTRACTOR shall provide
-verification thereof to the CITY upon request of the CITY.
8.06 All required insurance policies shall preclude any underwriters rights of recovery
or subrogation against the CITY with the express intention of the parties being that the
required insurance coverage protects both parties as the primary coverage for any and all
losses covered by the above described wee.
8.07 The CONTRACTOR wall ensure that any company issuing insurance to cover
the requirements contained in this Agreement agrees that they shall have no recourse
against the CITY for payment or assessments in any formm on any policy of insurance.
8.08 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an
Ocraurenee, Claim or Smmit"as it appma ism any pchey of irammoc m whrh the MY is
named as an additional named insured shall not apply to the CITY. The CITY shall
provide written notice of occurrence within fifteen (15) wor''Ung days of the CITY's
actual notice of such an event
8.09 Mie CONTRACTOR sh.at not cotnmee perflonnance of its obligafim under
this Agreement until after it has obtained all of the minimum insurance herein described
and the same has been approved.
8.10 Violation of the terms of this Section and its subparts shall constitute a breach of
the Agreement and the CITY, at its sole discretion, may cancel the Agreement and all
rights,title and interest of the CONTRACTOR shall thereupon cease and terminate.
Section 9. ASSIGNMENT
This Agreement is not assignable or transferable in whole or in ,part without the prior
expressed written consent of the CITY.
ectioM,,LO COIi+lIPLW-4C,1 WITH LAWS
CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and
lawfid orders of the United States of America, State of Florida,City of Coral Springs and
of any other public authority,which may be applicable to this Agreement.
Section U. VENUE
Any claim, objection or dispute arising out of the terms of thus Agreement shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida and time
prevailing party to any rest*gmenk sly be entitled:to an award of all ale
attorney's fees, interest and court costs incurred by such prevailing party against the
losing party including reasonable appellate attorneys fens,interest and taxable costs.
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'wt �V' OVERKI14G LAW
The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 13. PENS,FEES AND NOTICES
CONTRACTOR shall use its best efforts to obtain the necessary permits as soon as
possible after the Notice to Proceed is issued. Any delays in obtaining permits must be
brought to the attention of the CrM Purchasing Administrator without delay.
Setign 14. IIN15GLVRNCY
In the event 6M eidw party snail becom i$s hmt,make a genand assigmwnt for the
benefit of creditors, suffer or permit the appointment of a receiver for its business or its
assets or shall avail itself of or become subject to, any ping under the Federal
Bazilwaptcy Act or any other statute of any state relating to insolvency or the protection
of rights of creditors, or become subject to rehabilitation, then,at the option of the other
party and immediaWy upon written notice,this Agreement sly wminate and be of no
finther fame and effect.
.-.ct Ln l }. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered,amended,modified or otherwise clanged
nor may any,of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant,term, condition or election but the same
shall continue and remain in full force and effect.
Section 16. SEVERABI"T.iTY
Should any part, terns or provision of this Agreement be by the courts decided to be
illegal or in conflict with any Law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
&Wm IZ. NONDISCRO41NATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the perforce of We Agrnema* CONTRACTOR shall not chscrimnaft
against any employee or applicant for employment because of race,religion,color,sere,or
national origin. The C01,7R.ACTOR will take affirmative action to ensure that
employees are treated during employment; without regard to their race, creed, color, or
national original. Such action must include, but not be limited to, the following
cn*oyment, upwadbw denwCu s or umster, tecruknot or recruitma t advertising,
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layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONTRACTOR shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this no1`'discri mination
clause.
Simon. S. CUTMULA"477VE R MED ES
The remedies expressly provided in this Agreement to CITY shall not be deemed to be
exclusive,but shall be carminative and in addition to all other remedies in favor of CITY
now or hereafter=fisting at law or in equity.
Secf,on 19, TERMINATIL'N
Upon seven (7) calendar days written nonce delivered by certified mail, return receipt
requested,to the CONTRACTOR,CITY may without cause and without prejudice to any
other right or remedy, terminate the Agreement for the CrMS convenience whenever
the CITY-determines that such termination is in the best interest of the CITY. Where the
Agreement is terminated for the convenience of the CI'iY the notice of termination to the
CONTRACTOR must state that the Agreement is being terminated for the convenience
of the CITY under the termination clause and the extent of termination. Upon receipt of
the Notice of Termination for convenience, the CONTRACTOR shall promptly
discontinue all work at the time and to the extent indicated on the Notice of Termination,
terminate all outstanding sub-contractors and purchase orders to the extent that they relate
to the terminated portion of the Agreement and refrain from placing; further orders and
sub-contracts except as they may be nocessary,and complete any continued portions of
the work.
In the event CONTRACTOR shall default in or violate any of the terms, obligations,
restrictions or conditions of this Agreement, the CITY shall give the CONTRACTOR
written notice by certified mail of the default and that such default shall be corrected or
to .00sa7=t VACh.dot shall.be OMMMMMd WAin tm,(10) mar days
thereof In the event the CONTRACTOR has failed to correct the condition(s) of the
deceit or the default is not remedied to the satisfaction and>approval of the CITY, the
CITY shall have all legal remedies available to it, including, but not limited to,
termination of this Agreement in which case the CONTRACTOR shall be liable for all
re-procurement costs and any and all damages permitted by law arising from the default
and breach of this Agreement.
action 20. NOTICES
20.01 All notices and other communications required or permitted under this
Agreement shall be in writing and given by:
20.02 hand delivery,
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20.03 regime or certified mail,return receipt requeste3d;
20.04 overnight courier,or
20.05 facsimile to:
CITY: Angelo Salomon,Purchasing AdmWatrator
City of Coral Springs
9551 West Sample Road
Coral Springs,Florida 33065
Telephone: (954)344-1101
Facsimile: (954)344-1186
CONTRACTOR: Edward Flack,President
Kilowatt Electric Comity
1700 NW 22"d Avenue
Pompano Beach,Florida 33069
Telephone: (954)975-8200
Facsimile: (954)975-9946
20.06 or to such other address as any party may designate by notice complying
with the tenvis of this Soction. Each such notice shall be deemed
delivered:
20.06.1 on the date delivered if by personal delivery or overnight courier,
20.06.2 on the daft upon.which the retam receipt is sigmd or delivery is ref6sed or
the notice is designated by the postal authorities as not deliverable, as the
case may be,if wjd1 cl and
20.06.3 on the date of transmission with confirmed answer back if by fax.
&,,eion'1. In the event of conflict between tlds Agreement and the terms and conditions in
W Number i 741-008F,the tears of this Agreement shall control.
[THE BALANCE OF THIS PAGE INTENTIONALLY(LEFT BLA]NK]
Page 10 of 12
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IN WITNESS WHEREOF, THE CITY OF CORAL SPRINGS AND KILOWATT ELECTRIC
COMPANY, have caused these present to be executed in their respective names by the proper
officials the day and year first above written.
CITY OF CORAL SPRINGS,FLORIDA
TT'E$T
a-
Sr.,Mw'Pw
Debra Thomas,CIVIC,City Clerk
A
W
Approved as to form:
.0
Page 11 of 12
Doc.131406
C 14NY
By:
Tk1a:
Print Name: tQ1�r�
Date:
State Of�,ot c
Coun►y of
on this, the _ Of y ,..r- , 2016, before me, the and igw�d
Notary Public the State Of v-g . the foregoir:g in-ft e-at was M mowledged by
At. _ r ___(ire), (title) of
ap.__(corporation), a state) corporation, on behalf
of the corporation,
WTPNESS my hand
and aff Ciai seal
Not
MARIBELL RODRIGUEZ
MY
.. 's COMMISSION
'�?aa EXPIRES ivi, F5 r1
Fio 2018 �,�y�(40T 399.Otti3 rkbNota SW 'COm Pri;a ,}!.C"""or stamped�.�of Notary
r/Pubhc exactly as commissionod
max krnoRm to me
Produced ide�tx cation:
(ty�;of idm i'Hcafi m vnxtuced)
Page 12of12
Doe,13AM
EXHIB17 A.#if
311) 17-3-OOBF
LICENSED ELECTRICAL CCWTRACTt3R
VENDOR k{ilowat; Etc Co.
CONTACT _ Edward Flack
"HONE NO. 954 975-E 200 _
Item Es'f. .i tic n w � .. ,... unit cost Extended COSt
1 1,500 hours. State registered or Broward $32.00/Hr. $48,000.00
Couni•y Licensed Electrical
Contractor 8:00 a.m. thru 5:00
p.m. Monday thru Friday
(excluding City holidays) I
2 40 hours State registered or Broward � $52.50l1-1r. $2,100.00
County Licensed Liect0bal
Contractor. AR times other than
those listed on item#1. _
3 $8,000 Contractors cost of maker s X 1.2 3 _ $a0,320.g0
multiplied by mark-up for profit,
overhead, etc. (Ex. $8,000 x 1.2��
.5_t7
9and total amount items 1
( $60,420.fl0
thru 3_)
Goes your firm have a bucket truck avaitable for projed Yes
use?
Size of Bucket Truck
Cyst for bucket trrucl'
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
KILOWATT ELECTRIC COMPANY FOR ELECTRICAL CONTRACTOR
SERVICES UNDER THE CITY OF CORAL SPRINGS INVITATION TO BID
("ITB")NUMBER 17-11-008F
This is an Agreement("Agreement") dated , 2017, between the City of
Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business
located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Kilowatt Electric
Company, a Florida corporation ("Contractor"), with its principal mailing address of 1700 NW 22nd
Avenue, Pompano Beach, Florida 33069.
In consideration of the mutual covenants, terms and conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon,the parties agree to the following:
1. The current agreement, and any amendment(s) to it, under the Coral Springs ITB No. 17-13-
008F, between the Contractor and the City of Coral Springs, a copy of the Invitation to Bid
and the Agreement are attached as composite Exhibit "A", and are made a part of and are
incorporated into this Agreement by this reference, shall be considered a part of this
Agreement between the City and the Contractor; provided, however, that if Contractor
contracts with any other governmental agency in Florida and service rates are lower than
those afforded to any city for these same services, then Contractor shall provide such lower
rates to the City.
2. That in all other respects, the terms of Exhibit"A" applies to this Agreement.
IN WITNESS OF THE FOREGOING, the parties have signed this Agreement, effective on
the date first written above.
CITY OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
LOUISE STILSON, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
THOMAS J. ANSBRO ROBERT BALDWIN
CITY ATTORNEY CITY MANAGER
1
WITNESSES: CONTRACTOR:
KILOWATT ELECTRIC COMPANY
a Florida corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
Dated: , 2017
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on 2017, by
, as of Kilowatt Electric Company, a Florida
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification.
My Commission Expires:
Notary Public, State of Florida
Print Name
2
CITY OF CORAL SPRINGS, FLORIDA
INVITATION TO BID
SUBMIT BID TO:
PURCHASING DIVISION BIDDER ACKNOWLEDGMENT
9551 WEST SAMPLE ROAD
CORAL SPRINGS, FLORIDA 33065
GENERAL CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIEWSERVICES ISSUED BY THE CITY OF CORAL
SPRINGS. THE CITY OF CORAL SPRINGS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD
INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL
HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL
PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS
OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY.
BIDDER ACKNOWLEDGMENT MUST BE SIGNED AND RETURNED WITH YOUR BID
SEALED BIDS: This form must be executed and submitted with all acknowledges and accepts without limitation, pages 1 through 5
Bid sheets in a sealed envelope. The face of the envelope shall inclusive of the Invitation to Bid as well as any special instructions
contain the above address,the date and time of Bid opening and if applicable.
Bid number. Bids not submitted on attached Bid Form may be
rejected. All Bids are subjected to the conditions specified herein. INSTRUCTIONS TO BIDDERS:
Those which do not comply with these conditions are subject to
rejection. 1. DEFINED TERMS
BID TITLE: LICENSED ELECTRICAL CONTRACTOR 1.1 Terms used in these Instructions to Bidders are defined
and have the meanings assigned to them. The tern
BID NO.: 17-B-008F 'Bidder"means one who submits a Bid directly to CITY,
as distinct from a sub-bidder who submits a Bid to the
BIDS WILL BE OPENED 2:00 P.M.(EST),November 9.2016 Bidder. The term 'Successful Bidder' means the most
and may not be withdrawn during the 90 calendar days following responsible and responsive Bidder to whom CITY (on
such date and time. the basis of CITY'S evaluation as hereinafter provided)
makes an award. The term'CITY' refers to the CITY of
PURCHASING AGENT(NAME&TELEPHONE NO.:) Coral Springs, a municipal corporation of the State of
Florida. The term 'Bid Documents" includes the
Invitation to Bid, Instructions to Bidders, Special
Leo Bermudez 954-344-1101 Conditions, Bid Form, Non-Collusive Affidavit,
Certificate(s) of Insurance, If required, Payment and
Performance Bonds, if required, Corporate Resolution,
Bid Security, if required, and the proposed Contract
Documents,if any,including all Addenda issued prior to
CORRECT LEGAL NAME OF BIDDER: receipt of Bids.
2. COPIES OF BIDDING DOCUMENTS
(SIGNATURE OF BIDDER'S AUTHORIZED AGENT)
2.1 Complete sets of Bid Documents must be used in
TITLE: preparing Bids.CITY does not assume any responsibility
for errors or misinterpretations resulting from the use of
incomplete sets of Bid Documents. CITY, in making
TYPED/PRINTED NAME OF copies of Bid Documents available does so only for the
AUTHORIZED AGENT: purpose of obtaining Bids and does not confer a license
or grant for any other use.
ADDRESS:
3. QUALIFICATIONS OF BIDDERS
3.1 No Bid will be accepted from, nor will any contract be
PHONE NO: awarded to any person who is in arrears to the CITY,
FEDERAL ID NUMBER OR SOCIAL upon any debt or contract, or who is a defaulter, as
SECURITY NUMBER OF BIDDER: surety or otherwise,upon any obligation to CITY,or who
l is deemed responsible or unreliable by the CITY.
certify that this Bid acknowledgement is made without prior
understanding,agreement or connection with any corporation,firm 3.2 As part of the Bid evaluation process,CITY may conduct
or person submitting a Bid for the same commodities/ services, a background investigation including a record check by
and is In all respects fair and without collusion or fraud. I agree to the Coral Springs Police Department. Bidders
abide by all conditions of this Bid and certify that I am authorized to submission of a Bid constitutes acknowledgment of the
sign this Bid for the Bidder. By signature on this foram, Bidder
Page 1 of 5
process and consent to such investigation. CITY shall and/or specifications contain errors, contradictions or
be the sole judge in determining Bidder's qualifications. reflect omissions, Bidder shall submit a written request
directed to the Purchasing Division to be forwarded to
4, EXAMINATION OF BID DOCUMENTS the appropriate person or department for interpretations
or clarification. Interpretations or clarifications deemed
4.1 Before submitting a Bid,each Bidder must(a)examine necessary by the Purchasing Division in response to
the Bid Documents thoroughly, (b) consider federal, such questions will be issued in the form of written
state and local laws, ordinances, rules and regulations addenda, mailed to all parties recorded by CITY'S
that may in any manner affect cost, progress, Purchasing Division as having received the Bid
performance, or provision of the commodities and/or documents. The issuance of a written addendum by the
services; (c) study and carefully correlate Bidder's Purchasing Division shall be the only official method
observations with the Bid Documents, and (d) notify whereby such an interpretation or clarification will be
CITY's Purchasing Division of all conflicts, errors and made.
discrepancies in the Bid Documents.
7. PRiCES BID
4.2 The submission of a Bid will constitute an
incontrovertible representation by Bidder that Bidder has 7.1 Prices shall be shown in both unit amounts and
complied with every requirement of this Article 4, that extensions whenever applicable. in the event of
without exception, the Bid Is premised upon performing discrepancies existing between unit amounts and
the services and/or furnishing the commodities and extension or totals,unit amounts shall govern.
materials and such means, methods, techniques,
sequences or procedures as may be indicated in or 7.2 Discrepancies in the multiplication of units of work and
required by the Bid Documents, and that the Bid unit prices will be resolved in favor of the unit prices.
Documents are sufficient in scope and detail to Indicate Discrepancies between the indicated sum of any column
and convey understanding of all terns and conditions of of figures and the correct sum thereof will be resolved in
performance and furnishing of the goods andior favor of the correct sum.
services.
7.3 All applicable discounts shall be Included in the Bid price
5. SPECIFICATIONS for materials and services and will be considered as
determining factors in recommending an award in case
5.1 The apparent silence of the Specifications as to any of tie Bids. Discounts extended to CITY shall include but
detail,or the apparent omission from the Specifications not be limited to those discounts normally extended to
of a detailed description concerning any point, shall be governmental agencies as well as the private sector.
regarded as meaning that only the best commercial
practice Is to prevall and that only material and 7.4 Chain discounts are not acceptable and will not be
workmanship of the finest quality are to be used. All considered in determining an award. Bidders may bid
Interpretations of the Specifications shall be made on the only one (1) discount for each Item on the Bid Form.
basis of this statement Finn discounts and prices are to be quoted for the term
of the Contract
5.2 For the purpose of evaluation,the Bidder must indicate
any variance or exceptions to the stated Specifications 7.5 Bidder warrants by virtue of bidding that prices, terms
no matter how slight. Deviations should be explained in and conditions in the Bid will be firm for acceptance for a
detail. Absence of variations and/or corrections will be period of ninety(90)calendar days from the date of Bid
interpreted to mean that the Bidder meets all the opening unless otherwise stated by the CITY.
Specifications in every respect
7.6 The Bid price shall Include all permit fees, royalties,
5.3 Any manufacturers'names,trade names, brand names, license fees and other costs arising from the use of such
information and/or catalog numbers used herein are for design, device or materials in any way involved in the
the purpose of describing and establishing a general work as well as all costs of packaging,transporting and
standard of quality,performance and characteristics and delivery to the designed location within the City of Coral
are not intended to limit or restrict competition. The Springs.
Bidder may offer any brand which meets or exceeds the
Specifications for any item(s). If Bids are based on 8. OCCUPATIONAL HEALTH&SAFETY
equivalent products, Indicate on the Bid Form the
manufacturer's name and catalog number. Bidder shall 8.1 Bidder shall comply with all State and federal standards
submit with his Bid complete and descriptive literature and requirements regarding the transport, use,
and/or specifications. The Bidder should also explain in installation, disposal, generation, and/or delivery of any
detail the reason(s) why and submit proof that the toxic substance as defined therein.
proposed equivalent will meet the Specifications and not
be considered an exception thereto. The determination 9. SUBMISSION OF BIDS
of equivalency shall rest solely with the CITY. If Bidder
fails to name a substitute,it will be assumed that Bidder 9.1 Bids shall be submitted at or before the time and at the
Is bidding on and will be required to furnish commodities place indicated in the Invitation to Bid and shall be
Identical to Bid standards. submitted in a sealed envelope. The envelope shall be
clearly marked on the exterior 'BID FOR (PROJECT
6. INTERPRETATIONS AND ADDENDA TITLE) THE CITY OF CORAL SPRINGS, FLORIDA,
OPEN....(insert date given in Invitation to Bid)and shall
6.1 To ensure fair consideration for all Bidders, CITY state the name and address of the Bidder and shall be
prohibits communication to or with any department, accompanied by any other required documents. No
officer or employee during the submission process responsibility will attach to the Purchasing Division for
except as provided in Paragraph 6.2 below. the premature opening of a Bid not properly addressed
and identified.
6.2 If the Bidder should be in doubt as to the meaning of any
of the Bid documents,or is of the opinion that the plans
Page 2 of 5
9.2 Bids must be typed or printed in ink. Use of erasable ink its Bid, or that the mistake s{ clearly evident on the
Is not permitted. All blanks on the Bid Form must be face of the Bid but the intended correct Bid is not
completed. Names must be typed or printed below the similarly evident, then Bidder may withdraw its Bid
signature. Facsimile Bids will not be accepted. and the Bid Security will be returned.
9.3 In accordance with Chapter 119 of the Florida Statutes 12. REJECTION OF BIDS
(Public Records Law), and except as may be provided
by other applicable state and federal law, all Bidders 12.1 To the extent permitted by applicable state and
should be aware that the Invitation to Bid and the federal laws and regulations, CITY reserves the right
responses thereto are in the public domain. However, to reject any and all Bids, to waive any and all
the Bidders are requested to identify specifically any informalities, irregularities and technicalities not
Information contained in their Bids which they consider involving price, time or changes in the commodities
confidential and/or proprietary and which they believe to and/or services, and the right to disregard all
be exempt from disclosure, citing specifically the nonconforming, non-responsive, unbalanced or
applicable exempting law. conditional Bids. Bids will be considered irregular and
may be rejected if they show serious omissions,
9.4 All Bids received from Bidders in response to the alterations in form,additions not called for,conditions
Invitation to Bid will become the property of the City and or unauthorized alterations or irregularities of any
will not be returned to the Bidders. In the event of kind.
contract award, all documentation produced as part of
the contract shall become the exclusive property of the 12.2 CITY reserves the right to reject the Bid of any Bidder
CITY. if CITY believes that it would not be in the best
interest of CITY to make an award to that Bidder,
9.5 The submitted Bid shall constitute a firm offer on the part whether because the Bid is not responsive or the
of the Bidder to furnish the commodities and/or services Bidder is unqualified or of doubtful financial ability or
requested. fails to meet any other pertinent standard or criteria
established by CITY.
10 BID FORMS
12.3 More than one Bid received for the same work from
10.1 The Bid Form is included with the Bid Documents and an individual, firm, partnership, corporation or
must be used by the Bidder. Failure to do so may cause association under the same or different names will not
the Bid to be rejected. The forms must be submitted in be considered. Reasonable grounds for believing that
good order and all blanks must be completed. any Bidder is interested in more than one Bid for the
same work will cause the rejection of such Bids in
10.2 The Bid must be signed by one duly authorized to do so which the Bidder is interested. If there are reasonable
and in cases where the Bid is signed by a deputy or grounds for believing that collusion exists among the
subordinate, the principal's proper written authority to Bidders,the Bids of participants In such collusion will
such deputy or subordinate must accompany the Bid, not be considered.
10.3 Bids by corporations must be executed in the corporate 12.4 The foregoing reasons for rejection of Bids are not
name by the President or other corporate officers intended to be exhaustive.
accompanied by evidence of authority to sign. The
corporate address and state of Incorporation must be 13. OPENING OF BIDS
shown below the signature.
13.1 Bids will be opened publicly on the date and at
10.4 Bids by partnerships must be executed in the the location and time specified in the Invitation to Bid.
partnership name and signed by a general partner Bids will be read aloud and an abstract of the amount
whose title must appear under the signature and the of the base Bids will be made available after the
offlclal address of the partnership must be shown below opening of the Bid.
the signature.
14. BIOS TO REMAIN OPEN
11 MODIFICATION AND WITHDRAWL OF BIDS
14.1 All bids shall remain open for ninety (90) calendar
11.1 Bids must be modified or withdrawn by an appropriate days after the day of the Bid opening,but CITY may,
document duly executed In the manner that a Bid at its sole discretion, release any Bid and return the
must be executed and delivered to the place where Bid Security prior to that date.
Bids are to be submitted at any time prior to the
deadline for submitting Bids. A request for withdrawal 14.2 Extensions of time when Bids shall remain open
or a modification must be in writing and signed by beyond the ninety(90)day period may be made only
person duly authorized to do so and,in a case where by mutual written agreement between the CITY, the
signed by a deputy or subordinate, the principal's successful Bidder and the surety, if any, for the
proper written authority to such deputy or subordinate successful Bidder.
must accompany the request for withdrawal or
modification. Withdrawal of a Bid will not prejudice 15. AWARD OF CONTRACT
the rights of a Bidder to submit a new Bid prior to the
Bid date and time. After expiration of the period for 15.1 If the contract is to be awarded, it will be awarded to
receiving Bids,no Bid may be withdrawn or modified. the most responsible and responsive Bidder for the
base Bid whose evaluation by CITY indicates to CITY
11.2 If,within twenty-four(24)hours after Bids are opened, that the award will be in the best interests of the CITY
any Bidder files a duly signed written notice with CITY and not necessarily to the lowest Bidder.
and within five (5) calendar days thereafter
demonstrates to the reasonable satisfaction of CITY 15.2 Criteria utilized by CITY for determining the most
by clear and convincing evidence that there was a responsible and responsive Bidder includes,but Is not
material and substantial mistake in the preparation of limited to the following:
Page 3 of 5
(a) Ability of Bidder to meet published 17. INSURANCE
specifications.
17.1 The insurance requirements contained in this Bid
(b) Bidder's experience and references including, represent the minimal protection necessary for the
but not limited to, the reputation, Integrity, CITY as determined by the CITY's Risk Management
character, efficiency, experience, skill, ability Coordinator. The successful Bidder shall be required
and business judgment of the Bidder, the to provide proper proof of issuance to the Purchasing
quality of performance of Bidder under Division prior to award. No award will be
previous contracts, any sub-contractors and recommended until a written determination is made by
other persons providing labor or materials to CITY's Risk Management Coordinator that the proof
Bidder. of Insurance submitted by the Bidder Is acceptable
from a Risk Management perspective. Further
(c) Bidder's qualifications and capabilities, modification of the requirements may be made at the
Including but not limited to,the size,financial sole discretion of the CITY If circumstances warrant
history, strength and stability of the business
to perform the work of the Contract, the 18. TAXES
possession of necessary facilities and
equipment and the quality, availability and 18.1 The successful Bidder shall pay all applicable sales,
adaptability thereof to the particular use(s) consumer use, and other similar taxes required by
required. law.
(d) Whether Bidder can perform the Contract 19. AUDIT RIGHTS
promptly or within the time specified without
delay or interference. 19.1 The CITY reserves the right to audit the records of the
successful Bidder for the oommodities and/or services
(a) Previous and existing compliance by Bidder provided under the Contract at any time during the
with laws,ordinances,and regulations relating performance and term of the Contract and for a period
to the commodities or services. of three(3)year after completion and acceptance by
the CITY. If required by the CITY, the successful
(f) Price. Bidder agrees to submit to an audit by an independent
certified public accountant selected by the CITY. The
15.3 If applicable,the Bidder to whom award Is made shall successful Bidder shall allow the CITY to inspect,
execute a written Contract prior to award by the City examine and review the records of the successful
Commission. If the Bidder to whom the first award Is Bidder in relation to this contract at any and all times
made falls to enter Into a Contract as herein provided, during normal business hours during the term of the
the Contract may be let to the next lowest Bidder who Contract.
is responsible and responsive in the opinion of the
CITY. 20. CONFLICT OF INTEREST
16. OPEN-END CONTRACT 20.1 The award hereunder is subject to the provisions of
Chapter 112, Florida Statutes. Bidders must disclose
16.1 No guarantee is expressed or implied as to the total with their Bid the name of any officer,director,partner,
quantity of oommoditieslservices to be purchased proprietor, associate or agent who is also a public
under any open end Contract. Estimated quantities officer or employee of the CITY or any of its agencies.
will be used for Bid comparison purposes only. The Further, all Bidders must disclose the name of any
CITY reserves the right to issue purchase orders as public officer or employee of the CITY who owns,
and when required, or, issues a blanket purchase directly or indirectly,an interest of five percent(5%)or
order for individual agencies and release partial more in the Bidder's firm or any of its branches or
quantifies or any combination of the proceeding, affiliate companies.
16.2 ORDERING: The CITY reserves the right to purchase 21_ NON-COLLUSIVE AFFIDAVIT
commodifies/servioes specified herein through
Contracts established by other governmental 21.1 Each Bidder shall complete the Non-Collusive
agencies or through separate procurement actions Affidavit and include it with the Bid Form and shall
due to unique or special needs. If an urgent delivery submit this Form with the Bid. Fallure of the Bidder to
Is required within a short period than the delivery time submit this document may be cause for rejection of
specified In the Contract,and if the seller Is unable to the Bid.
comply therewith, the CITY reserves the right to
obtain such delivery from others without penalty or 22. SUMMARY OF DOCUMENTS TO BE SUBMITTED
prejudice to the CITY or to the Bidder. BY BIDDERS
16.3 CONTRACT PERIOD:The initial Contract period shall 22.1 The following Is a summary of documents, copies of
start with the expiration date of the previous Contract which may be included in the Bid documents, which
or date of award, whichever is latest, and shall are to be completed and submitted by Bidders:
terminate two(2)years from that date. The CITY may
renew this Contract for two (2)two (2) year periods (a) Bidder acknowledgement
subject to Bidder acceptance, satisfactory (b) Bid Form
performance,and determination that renewal will be in (c) Non-Collusive Affidavit
the best interest of the CITY. All prices, terms and (d) Certified Resolution or other duly executed
conditions shall remain firm for the initial period of the document evidencing authority to sign on
Contract and for any renewal period unless subject to behalf of the Bidder.
price adjustment specified as a "special condition" (e) Qualification Statement, if required by the
hereto. Special Conditions.
Page 4 of 5
(f) Bid Security, if required by the Special
Conditions.
(g) Cartificate(s) of insurance, if required by the
Special Conditions.
(h) Certification of Non-Segregated Facilities, if
required by the Special Conditions.
Page 5 of 5
CORAL SPRINGS
EVERYTHING UNDER THE SUN —
DATE: October 25,2016 BID NUMBER: 17-B-008F
INVITATION TO BID
ALL INTERESTED PARTIES:
The City of Coral Springs, Florida, hereinafter referred to as the CITY, will receive sealed
Bids at the office of the Purchasing Administrator, City Hall,9551 West Sample Road, Coral
Springs, Florida 33065,for:
LICENSED ELECTRICAL CONTRACTOR
Sealed Bids must be received and time stamped at the Purchasing Division Office, either by mail
or hand delivery, no later than 2:00 p.m. local time on Wednesday,November 9,2016. A public
opening will take place at or before 2:15 p.m. in the City Commission Chambers located at City
Hall on the same date. Any bias received after 2:00 p.m. local time on said date will not be
accepted under any circumstances. Any uncertainty regarding the time a bid is received will be
resolved against the Bidder.
The CITY reserves the right to reject any or all bids, to re-advertise for bids or take any
other such actions that may be deemed to be in the best interests of the CITY.
Leonardo Bermudez
Purchasing Agent H
CITY OF CORAL SPRINGS,FLORIDA - FINANCIAL SERVICES DEPARTMENT- PURCHASING DIVISION
9551 W.Sample Road - Coral Springs,FL 33065 - CoralSpdngs.org
Phone 954-344-1100 - Fax 954-344-1186
BID 17-B-008F
LICENSED ELECTRICAL CONTRACTOR
INSTRUCTIONS TO BIDDERS
1. QUALIFICATIONS OF BIDDERS
1.1 Each Bidder shall complete the Qualifications Statement and shall submit the
same with the Bid. Failure to submit the Qualifications Statement and all
documents required thereunder together with the Bid will constitute grounds for
rejection of the Bid.
1.2 The CITY reserves the right to make a pre-award inspection of the Bidder's
facilities and equipment prior to award of Agreement.
1.3 CITY reserves the right to consider a Bidder's history of citations and/or
violations of environmental regulations in determining a Bidder's responsibility,
and fiuther reserves the right to declare a Bidder not responsible if the history of
violations warrant such determination. Bidder shall submit with Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
non-submission of any such documentation shall be deemed to be an affirmation
by the Bidder that there are no citations or violations. Bidder shall notify CITY
immediately of notice of any citation or violation which Bidder may receive after
the Bid opening date and during the time of performance of any contract awarded
to Bidder.
2. SAFETY
2.1 The Successful Bidder shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the work. The
Successful Bidder shall comply with the rules and regulations of•the Florida.
Department of Commerce regarding industrial safety(Fla Statutes Section 440.56)
and with the standards set forth in the Occupational Safety and Health Act of 1970
(OSHA)and its amendments.
2.2 The Successful Bidder shall take all reasonable precautions for the safety of and
shall provide all reasonable protection to prevent damage,injury or loss to:
(a) All employees on the work site and all other persons who may be affected
thereby.
(b) The work and all materials and equipment incorporated therein.
Page 1 of 9
(c) Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, structures and utilities not designated for
removal,relocation or replacement in the course of the work.
3. WARRANTIES
3.1 Warranty of Title: The Successful Bidder warrants to the CITY that all goods and
materials furnished under the Contract will be new unless otherwise specified and
that Successful Bidder possess good, clear, and marketable title to said goods and
there are no pending liens, claims or encumbrances whatsoever against said
goods. All work not conforming to these requirements, including substitutions
not properly approved and authorized may be considered defective.
3.2 Warranty of Specifications: The Successful Bidder warrants that all goods,
materials and workmanship furnished,whether furnished by the Successful Bidder
or its sub-contractors and suppliers, will comply with the specifications, drawings
and other descriptions supplied or adopted.
3.3 Warranty of Material and Workmanship: The Successful Bidder warrants all
material and workmanship for a minimum of one(1)year from date of completion
and acceptance by the CITY. If within one 1 year after acceptance by the CITY,
or within such larger period of time as may be prescribed by law any of the work
is found to be defective or not in accordance with the Contract Documents, the
Successful Bidder shall after receipt of a written notice from the CITY to do so,
promptly correct the work unless the CITY has previously given the Successful
Bidder a written acceptance of such condition.
3.4 The Successful Bidder warrants to the CITY that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its obligations
under the Contract.
3.5 The Successful Bidder warrants to the CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened with
any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
3.6 The Successful Bidder warrants to the MY that the consummation of the work
provided for in the Contract Documents will not result in the breach of any term
or provision of, or constitute a default under any indenture,mortgage, contract,or
agreement to which the Successful Bidder is a party.
3.7 All warranties made by the Successful Bidder together with service warranties and
guarantees shall run to the CITY and the successors and assigns of the CITY.
Page 2 of 9
4. RISK OF LOSS
4.1 The risk of loss,injury or destruction, regardless of the cause of the casualty, shall
be on the Successful Bidder until completion of a given project at various
locations throughout the CiM as needed, and inspection and acceptance of the
goods and services by CITY. Title to the goods and services shall pass to CITY
upon delivery and acceptance by CITY.
5. PERMITS,FEES AND NOTICES
5.1 The Successful Bidder shall secure all permits and licenses which may be required
for the proper execution and completion of the work. The Successful Bidder shall
use its best efforts to obtain all necessary permits as soon as possible after the date
of Contract commencement. Any delays in obtaining permits must be brought to
the attention of the Purchasing Agent without delay.
5.2 The Successful bidder shall give all notices and comply with all laws, ordinances,
rules, regulations and lawful orders of any public authority bearing on the
performance of the work. The CITY shall not be responsible for monitoring the
Successful Bidder's compliance with any laws or regulations.
6. CLEANING UP
6.1 The Successful Bidder at all times shall keep the premises free from accumulation
of waste materials or rubbish caused by Bidder's operations. At the completion of
the work Bidder shall remove all waste materials and rubbish from and about the
site as well as all tools, equipment, machinery and surplus materials and provide
final cleaning and return the space to a condition suitable for use by the CITY.
7. DEFAULT
7.1 In the event the Successful Bidder shall default in any of the terms, obligations,
restrictions or conditions in the Contract Documents, the CITY shall give the
Successful Bidder written notice by registered, certified mail of the default and
that such default shall be corrected or actions taken to correct such default shall be
commenced within three (3) calendar days thereof. In the event the Successful
Bidder has failed to correct the condition(s) of the default or the default is not
remedied to the satisfaction and approval of the CITY, the CITY shall have all
legal remedies available to it, including, but not limited to termination of the
Contact in which case the Successful Bidder shall be liable for all procurement
and reprocurement costs and any and all damages permitted by law arising from
the default and breach of the Contract.
8. TERMINATION FOR CONVENIENCE OF CITY
Page 3 of 9
8.1 Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to the Successful Bidder, the CITY may without cause and
without prejudice to any other right or remedy, terminate the agreement for the
CITY's convenience whenever the CITY determines that such termination is in the
best interest of the CITY. Where the agreement is terminated for the convenience
of the CITY the notice of termination to the Successful Bidder must state that the
contract is being terminated for the convenience of the CITY under the
termination clause and the extent of termination. Upon receipt of the notice of
termination for convenience, the Successful Bidder shall promptly discontinue all
work at the time and to the extent indicated on the notice of termination,terminate
all outstanding sub-contractors and purchase orders to the extent that they relate to
the terminated portion of the Contract and refrain from placing further orders and
sub-contracts except as they may be necessary, and complete any continued
portions of the work.
9. ASSIGNMENT
9.1 The Successful Bidder shall not assign or transfer its rights, title or interests in the
Agreement nor shall Successful Bidder delegate any of the duties or obligations
undertaken by Successful Bidder without CITY's prior written approval.
10. APPLICABLE LAWS ORDINANCE RULES CODES AND REGULATIONS
10.1 Familiarity with Laws: Notice is hereby given that the Successful Bidder must be
familiar with all Federal, State and Local Laws, ordinances, rules, codes and
regulations that may affect the work. Ignorance on the part of the Bidder will in
no way relieve him from the responsibility of compliance therewith.
11. INDEMNIFICATION
11.1 GENERAL INDEMNIFICATION: The parties agree that one percent (1%)
of the total compensation paid to Successful Bidders for the work of the
Contract shall constitute specific consideration to Successful Bidder for
the indemnification to be provided under the Contract. To the fullest
extent permitted by laws and regulations, Successful Bidder shall
indemnify, defend, save and hold harmless the CITY, its officers, agents
and employees, from or on account of all claims, damages, losses,
liabilities and expenses, direct, indirect or consequential arising out of or
alleged to have arisen out of or in consequence of the operations of the
Successful Bidder or his Subcontractors, agents, officers, employees or
independent contractors pursuant to or in the performance of the contract.
11.2 PATENT AND COPYRIGHT INDEMNIFICATION: Successful Bidder
agrees to indemnify, defend, save and hold harmless the CITY, its
officers, agents and employees, from all claims, damages, losses,
liabilities and expenses arising out of any alleged infringement of
Page 4 of 9
copyrights, patent rights and/or the unauthorized or unlicensed use of any
material, property or other work in connection with the performance of the
Contract.
11.3 Successful Bidder shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
11.4 CITY reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Successful Bidder under the
indemnification agreement. Nothing contained herein is intended nor shall
it be construed to waive CITY's rights and immunities under the common
law or Florida Statute 768.28 as amended from time to time.
12. INSURANCE
12.1 Bidders shall submit copies of their current certificate(s) of insurance together
with the Bid. Failure to do so may cause rejection of the Bid.
12.2 PRIOR TO AWARD OF THE CONTRACT, THE SUCCESSFUL BIDDER
MUST SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE
REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE
CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED INSURED OR
ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGE
AND THE OPERATIONS OF THE SUCCESSFUL BIDDER UNDER THE
CONTRACT. Insurance Companies selected must be acceptable the CITY. All
of the policies of insurance so required to be purchased and maintained shall
contain a provision or endorsement that the coverage afforded shall not be
canceled, materially changed or renewal refused until at least thirty(30) calendar
days written notice has been given to CITY by certified mail.
12.3 The Successful Bidder shall procure and maintain at its own expense and keep in
effect during the full term of the Contract a policy or policies of insurance which
must include the following coverage and minimum limits of liability:
(a) Worker's Compensation Insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including, where
applicable, the United States Longshoremen's and Harbor Worker's Act,
the Federal Employer's Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of Two Hundred
Thousand and xx/100 dollars ($200,000.00) per accident. Successful
Bidder shall agree to be responsible for the employment, conduct and
control of its employees and for any injury sustained by such employees in
the course of their employment.
Page 5 of 9
(b) Comprehensive Automobile Liability Insurance for all owned, non-owned
and hired automobiles and other vehicles used by the Successful Bidder in
the performance of the work with the following minimum limits of
liability:
$ 1,000,000.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
(c) Comprehensive General Liability with the following minimum limits of
liability:
$2,000,000.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
Coverage shall specifically include the following with minimum limits not
less than those required for Bodily Injury Liability and Property Damage:
1. Premises and Operations;
2. Independent Contractors;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage;
5. Broad Form Contractual Coverage applicable to the Contract and
specifically confirming the indemnification and hold harmless
agreement in the Contract; and
6. Personal Injury coverage with employment contractual exclusions
removed and deleted.
12.4 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the following
minimum qualifications in accordance with the latest edition of A.M. Bests
Insurance Guide:
Financial Stability B+to A+
12.5 The Successful Bidder shall require each of its sub-contractors of any tier to
maintain the insurance required herein (except as respects limits of coverage for
employers and public liability insurance which may not be less than $ Two
Million Dollars, $2,000,000.00 for each category), and the Successful Bidder
shall provide verification thereof to CITY upon request of CITY.
12.6 All required insurance policies shall preclude any underwriter's rights of recovery
or subrogation against CITY with the express intention of the parties being that
Page 6 of 9
the required insurance coverage protect both parties as the primary coverage for
any and all losses covered by the above described insurance.
12.7 The Successful Bidder shall ensure that any company issuing insurance to cover
the requirements contained in this Contract agrees that they shall have no recourse
against CITY for payment or assessments in any form on any policy of insurance.
12.8 The clauses "other Insurance Provisions" and "Insurers Duties in the Event of an
Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY
is named as an additional named insured shall not apply to CITY. CITY shall
provide written notice of occurrence within fifteen (15) working days of CITY's
actual notice of such an event.
12.9 The Successful Bidder shall not commence work under the Contract until after he
has obtained all of the minimum insurance herein described.
12.10 The Successful Bidder agrees to perform the work under the Contract as an
independent contractor, and not as a sub-contractor, agent or employee of CITY.
12.11 Violation of the terms of this paragraph and its sub-parts shall constitute a breach
of the Contract and CITY, at its sole discretion, may cancel the Contract and all
rights, title and interest of the Successful Bidder shall thereupon cease and
terminate.
13. BID FORM
13.1 "This Bid Form, together with the Invitation to Bid, the Instructions to Bidders
and the Special Conditions, constitutes an offer from the Bidder. If any or all
parts of the Bid are accepted by the City of Coral Springs,an authorized officer of
the City shall affix his/her signature hereto and this document, together with the
Invitation to Bid, the Instructions to Bidders, Special Conditions, any Drawings,
Plans and Specifications issued prior to the execution of this Bid Form, and any
Purchase Order issued by the City after execution of this Bid Form, shall
constitute the written agreement between the parties and shall together comprise
the Contract Documents. The Contract Documents are complimentary and what
is required by one shall be as binding as if required by all."
14. PUBLIC ENTITY CRIMES INFORMATION STATEMENT
14.1 "A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity,may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor or consultant
Page 7 of 9
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
15. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENT INFORMATION:
15.1 A copy of Executive Order no. 11246, "Notice of Requirement for Affirmative
Action to Insure Equal Employment Opportunity" is on file in the City's
Department of Development Services, 9530 W. Sample Road, Coral. Springs,
Florida 33065. All bidders must consider those requirements prior to submitting
a bid. Those requirements shall be incorporated into and made a part of the
Contract
16. AWARD OF CONTRACT
16.1 If the Contract is to be awarded, it will be awarded to the most responsible and
responsive Bidder for the Bid whose evaluation by CITY indicates to CITY that
the award will be in the best interests of the CITY, and not necessarily to the
lowest Bidder.
16.2 Criteria utilized by CITY for determining the most responsible and responsive
Bidder includes,but is not limited to the following:
(a) Ability of Bidder to meet published specifications.
(b) Bidder's experience and references, including but not limited to, the
reputation, integrity, character, efficiency, experience, skill, ability and
business judgment of the Bidder, the quality of performance of Bidder
under previous contracts, any sub-contractors and other persons providing
labor or materials to Bidder.
(c) Bidder's qualifications and capabilities, including but not limited to, the
size, financial history, strength and stability of the business to perform the
work of the Contract, the possession of necessary facilities and equipment
and the quality, availability and adaptability thereof to the particular use(s)
required.
(d) Whether Bidder can perform the Contract promptly or within the time
specified,without delay or interference.
(e) Previous and existing compliance by Bidder with laws, ordinances and
regulations relating to the goods or services.
(f) Price.
Page 8 of 9
16.3 If applicable, the Bidder to whom award is made shall execute a written Contract
within Fifteen (15) calendar days after the Contract Award. If the Bidder to
whom the first award is made fails to enter into a Contract as herein provided, the
award may be annulled and the Contract let to the next lowest Bidder who is
responsible and responsive in the opinion of the CITY. Such Bidder shall fulfill
every stipulation embraced herein as if he were the original party to whom the
award was made.
16.4 The CITY reserves the right to award contract to multiple CONTRACTORS as it
deems in its best interest.
17. COST ADJUSTMENTS
16.1 The cost(s) shall remain firm for the initial two (2) year contract term. Costs for
the first and final contract renewal time periods shall be subject to adjustment only if
increases occur in the industry. Such increases shall not exceed 5% or, whichever is
greater, the latest yearly percentage increase in the All Urban Consumers Price Index
(CPI-U) as published by the Bureau of Labor Statistics, U.S. Department of Labor.
The yearly increase or decrease, in the CPI shall be the latest index published and
available ninety(90) days prior to the end of the contract year then in effect compared
to the index for the comparable month one year prior. Any requested cost increase
shall be fully documented and submitted to the CITY at least ninety(90)days prior to
the contract anniversary date. Any approved cost adjustments shall become effective
upon the anniversary date of the contract. In the event the CPI or the industry costs
decline, the CITY shall receive, from the Contractor, a reduction in costs, in
accordance with the terms and conditions for adjustments detailed above.
18. ADDENDUM
An addendum, if needed,will be issued prior to the opening of bids. The intent of these
addenda is to clarify, correct or change the scope of work and/or bidding documents. If a
bidder is on record with the Purchasing Division as having received the bid package,any
addendurns will be provided to the bidder.
If a bidder downloads the bid documents from the City website,the Purchasing Division
must be notified of that download and the prospective bidder's interest in submitting a
bid on the project. If the City is not notified,the City will not be able to assure that any
addenda issued after the bid is downloaded by the prospective bidder is provided to the
prospective bidder. It is the responsibility of the bidder to view the website to determine
if any addenda have been issued, or to contact the Purchasing Division to determine if any
addenda has been issued. In some cases,where the addendum has a direct effect on the
scope of work or a change in the cost of the project,the omission of the signed addendum
beingreturned with the bid submittal may cause the bid to be considered as non-
responsive.
Page 9 of 9
BID#17-B-008F
LICENSED ELECTRICAL CONTRACTOR
SPECIFICATIONS
SCOPE
The City of Coral Springs is interested in obtaining bids for a Licensed Electrical
Contractor(s) to perform various types of electrical repairs and installations on an as
needed basis, at various locations throughout the City. The initial term of the contract for
these services will be for two(2)years,renewable for two(2) additional two(2)year time
periods.
SPECIFICATIONS
Successful Bidder must have the following certification:
A. Registered with the State of Florida D.P.R. (Dept. of Professional
Regulations).A copy of the card issued by the State must be made available.
B. Copy of certification. A masters certificate issued by Broward County or
the State of Florida EC#. Proof must be made available.
C. If the Electrical Contractors place of business is located in Coral Springs,
an occupational license is also required.
Successful Bidder shall provide a licensed electrician on site ready to perform the
required work, within forty-eight(48) hours of notification by the City or within two (2)
hours in an emergency situation.
Successful Bidder will be responsible to assure that all work is performed in accordance
with all applicable State, County, and Local codes and requirements. The contractor will
be responsible for obtaining any required permits (no cost for City permits), prior to
starting work on projects..
Successful Bidder must be experienced, knowledgeable and skilled in both commercial
and residential type electrical installations, additions, alterations, repairs, applications,
parts and equipment, wiring, sports field lighting fixtures, and equipment which
generates,transforms,transmits or utilizes electrical energy.
Page 1 of 2
City will pay the successful bidder the hourly rate awarded begimung at the time the
electrician reports to the contact person at the City work site, through completion of the
project. Travel expenses prior to arrival on work site or after leaving work site will not
be paid. The hourly rate will be rounded to the nearest quarter hour for billing purposes.
Contractor will provide copies of invoices for materials (used on City projects) upon
request by the City for audit purposes.
Successful Bidder must provide all labor, materials, equipment, transportation,
supervision, etc.required to complete the various electrical projects required by the City.
City reserves the right to solicit individual quotes or bids on any electrical project
estimated at$2,500 or more.
City does not guarantee any minimum dollar amount of work to be completed under this
contract. Hours shown on the pricing page are only estimates. Actual work may vary up
or down from the estimates shown.
All work projects will require a written estimate given to City staff prior to work start-up.
The estimate will be broken down into two (2) segments: cost for labor, and cost for
materials.
Contractor must secure a permit before any work can begin. City permits will be issued
at no charge to the contractor.
Invoices submitted by contractor for work completed will be paid after final inspection by
City electrical Inspector, and approval by using division supervisor.
There are some projects (example: parking lot and sports field lighting) that will require
the use of a bucket truck. See pricing section of this bid for details. It is not mandatory
that your firm have a bucket truck to be considered for award of this contract. The City is
interested to know what firms have a bucket truck for projects requiring this equipment.
Page 2 of 2
BID FORM FOR LICENSED ELECTRICAL CONTRACTOR
BID NO. 17-B-008F
SUBMITTED TO: City of Coral Springs
9551 West Sample Road
Coral Springs,Florida 33065
1. The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an
Agreement with CITY to perform all work as specified in the Bid Documents for the
price(s) shown and in accordance with the terms and conditions of the Bid Documents.
Z. Bidder accepts and hereby incorporates by reference in this Bid Form all of the terms and
conditions of the Invitation to Bid and Instructions to Bidders and Special Conditions.
3. Bidder has examined the indemnification provisions and insurance requirements of the
bid,and accepts and agrees to abide by those terms and conditions without exception or
limitation of any kind.
4. Bidder has given the Purchasing Administrator written notice of all conflicts, errors or
discrepancies that it has discovered in the Bid and/or Contract documents and the written
resolution thereof by the Purchasing Administrator is acceptable to Bidder.
5. Bidder proposes to furnish all labor,materials,equipment,machinery,tools,
transportation, supplies, services,and supervision for the work described as follows:
VARIOUS ELECTRICAL PROJECTS AT VARIOUS CITY LOCATIONS
Page 1 of 5
6. Bidder will complete the work for the following price(s):
Item Est. Qty. ; Description Unit cost Extended Cost
1 1,500 firs. State registered or Broward County $ /hr. $
Licensed Electrical Contractor 8:00 a.m.
thru 5:00 p.m.Monday thru Friday
(excluding City holidays)
2 j 40 hrs. , State registered or Broward County $ /hr. $
Licensed Electrical Contractor All times
other than those listed on Item#1
3 $8,000.00 Contractors cost of materials multiplied by X 1. — $
mark-up for profit,overhead, etc.
x. $8,000 x 1.2=$9,600
Grand Total Amount(Items 1 thru 3) $
OPTIONS:
Fill out this section of the bid if applicable to your company:
Does your firm have a bucket truck available for project use? _ Yes No
Size of Bucket Truck
Cost for bucket truck use with operator $ /hour
NOTE:The hours and materials figures shown above are only estimates,and are not to be interpreted
as a minimum amount of work given under this contract.
7. Acknowledgement is hereby made of the following Addenda(identified by number)received since
issuance of the Invitation to Bid:
Addendum No. Date
Addendum No. Date
Addendum No. Date
8. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW THE
INSURANCE COVERAGE REQUIREMENTS CONTAINED IN THE SPECIAL
CONDITIONS PRIOR TO SUBMITTING YOUR BID TO ENSURE COMPLIANCE WITH
ALL INSURANCE REQUIREMENTS.
9. Communications concerning this Bid shall be addressed to:
Name:
Address:
Page 2 of 5
Telephone No.
Fax#:
E-Mail Address:
10. The following documents are attached to and made as a condition to this Bid:
(a) Bidder's certification
(b) Certified resolution(corporation,partnerships)
(c) Certificate(s)of insurance
(d) Non-collusive affidavit
(e) Bidder's qualification statement
(f) Bidder's Corporate statement
(g) Copy of Bidder's current certificate of competency or registration as an electrical
contractor issued by the Department of Professional Regulation
(h) Copy of Broward County license
(i) Copy of City of Coral Springs occupational license(if applicable)
(j) References
Page 3 of 5
BIDDER'S CERTIFICATION
WHEN BIDDER IS AN INDIVIDUAL
In witness whereof,the Bidder has executed this Bid Form this day of ,201—..
By:
Signature of Individual/Title
Witness Printed Name of Individual
ACKNOWLEDGEMENT
State of
County of
The foregoing instrument was acknowledged before me this day of ,201_
,by who is personally known to me or who has
produced as identification and who did(did not)take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 4 of 5
BIDDER'S CERTIFICATION
WHEN BIDDER IS A CORPORATION,PARTNERSHIP OR FIRM
In witness whereof,the Bidder has executed this Bid Form this day of ,
201 .
Witness Signature of Owner
Printed Name of Corporation,
Partnership,Firm
Witness Printed Name of Owner
Business Address
City/State/Zip
f )
Business Phone Number
ACKNOWLEDGEMENT
State of
County of
The foregoing instrument was acknowledged before me this day of ,201_,
by (Name), (Title)of
(Name of Company)who is personally known to me or who has produced
as identification and who did(did not)take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 5 of 5
CERTIFIED RESOLUTION
I, (Name),the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the State of
,do hereby certify that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with
law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)" The duly
elected (Title of Officer)of Corporate Tide)
be and is hereby authorized to execute and submit a Bid and Bid Bond,if such bond is required,to the City
of Corral Springs and such other instruments in writing as maybe necessary on behalf of the said corporation;
and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and signatures of those
authorized to act by the foregoing resolution.
The City of Coral Springs shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims,demands, expenses,loss or damage resulting
from or growing out of honoring, the signature of any person so certified or for refusing to honor any
signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name,titles and official signatures of those persons authorized to
act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this day of
201 .
(SEAL) By:
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed
explicitly,but the Certified Resolution submitted must clearly show to the satisfaction of the City of Coral
Springs that the person signing the Bid and Bid Bond for the corporation has been properly empowered by
the corporation to do so in its behalf.
Page 1 of 1
NON-COLLUSIVE AFFIDAVIT
State of )
)ss.
County of )
being first duly sworn,deposes and says
that:
(1) He/she is the , (Owner,Partner,
Officer,Representative or Agent)of ,
the Bidder that has submitted the attached Bid;
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of
all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest,including this affiant,have in any way colluded,conspired,
connived or agreed,directly or indirectly,with any other Bidder,fine.,or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been
submitted;or to refrain from bidding in connection with such Work;or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or conference
with any Bidder,firm,or person to fix the price or prices in the attached Bid or of any other
Bidder, or to fix any overhead,profit, or cost elements of the Bid price or the Bid price of
any other Bidder, or to secure trough any collusion, conspiracy, connivance, or unlawful
agreement any advantage against(Recipient),or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any
other of its agents,representatives, owners, employees or parties in interest, including this
affiant.
Page 1 of 2
Signed, sealed and delivered
in the presence of:
By:
(Printed Name)
(Title)
ACKNOWLEDGEMENT
State of
County of
The foregoing instrument was acknowledged before me this day of
201_,by ,who is personally known to me
or who has produced as identification and who did(did not)take an
oath.
WITNESS my hand and official seal
NOTARY PUBLIC
(Name of Notary Public: Print,
Stamp,or Type as Commissioned.)
Page 2 of 2
UALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all
answers to questions made hereinafter:
SUBMITTED TO: City of Coral Springs
(Purchasing Administrator)
ADDRESS: 9551 West Sample Road
Coral Springs,Florida 33065
CIRCLE ONE
SUBMITTED BY: Corporation
Partnership
NAME: Individual
Other
ADDRESS:
TELEPHONE NO.
FAX NO.
1. State the true, exact, correct and complete name of the partnership, corporation,trade or
fictitious name under which you do business and the address of the place of business.
The correct name of the Bidder is:
The address of the principal place of business is:
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
C. President's name:
d. Vice President's name:
e. Secretary's name:
f. Treasurer's name:
Page 1 of 4
g. Name and address of Resident Agent:
3. If Bidder is an individual or a partnership, answer the following:
a. Date of organization:
b. Name,address and ownership units of all partners:
C. State whether general or limited partnership:
4. If Bidder is other than an individual, corporation or partnership, describe the organization
and give the name and address of principals:
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
a. Under what other former names has your organization operated?
7. Indicate registration,license numbers or certificate numbers for the businesses or
professions which are the subject of this Bid. Please attach certificate of competency
and/or state registration.
Page 2 of 4
8. Have you personally inspected the site of the proposed work?
(m- (N)
9. Do you have a complete set of documents,including drawings and addenda?
(Y) (N)
10. Did you attend the Pre-Proposal Conference if any such conference was held?
(Y) (1)_
11. Have you ever failed to complete any work awarded to you? If so, state when,where and
why?
12. Within the last five(5)years,has any officer or partner of your organization ever been an
officer or partner of another organization when it failed to complete a contract? If so,
explain fully.
Page 3 of 4
THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE
INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS
STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE
CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE
TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT
MATERIALLY AFFECTS THE BIDDER'S QUALIFICATIONS TO PERFORM
UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE BID,
AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD
AND/OR CONTRACT.
Signature
State of
County of
The foregoing instrument was acknowledged before me this day of ,201_
by of ,who is personally known
tome or who has produced as identification and wo did(did not)
take an oath.
WITNESS my hand and official seal,
NOTARY PUBLIC
(Name of Notary Public: Print,
Stamp,or type as Commissioned)
Page 4 of 4
FOREIGN(NON-FLORIDA)CORPORATIONS MUST COMPLETE THIS FORM
DEPARTMENT OF STATE CORPORATE CHARTER NO.
If your corporation is exempt from the requirements of Section 607.1501,Florida Statutes,YOU MUST CHECK BELOW the
reason(s)for the exemption. Please contact the Department of State,Division of Corporations at(850)245-6051 for assistance
with corporate registration or exemptions.
607.1501 Authority of foreign corporation to transact business required.
(1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department
of State.
(2) The following activities,among others,do not constitute transacting business within the meaning of subsection(1):
(a) Maintaining,defending,or settling any proceeding.
(b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning
internal corporate affairs.
(c) Maintaining bank accounts.
(d) Maintaining officers or agencies for the transfer,exchange,and registration of the corporation's own
securities or maintaining trustees or depositaries with respect to those securities.
(e) Selling through independent contractors.
(f) Soliciting or obtaining orders,whether by mail or through employees, agents, or otherwise, if the
orders require acceptance outside this state before they become contracts.
(g) Creating or acquiring indebtedness,mortgages,and security interests in real or personal property.
(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the
debts.
W Transacting business in interstate commence.
(i) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of
repeated transactions of a like nature.
(k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this
state or voting the stock of any corporation which it has lawfully acquired.
(I) Owning a limited partnership interest in a limited partnership that is doing business within this state,
unless such limited partner manages or controls the partnership or exercises the powers and duties of a
general partner-
-(in) Owning,without more,real or personal property.
(3) The list of activities in subsection(2)is not exhaustive.
(4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit
in this state under any law of this state.
Please check one of the following if your firm is NOT a corporation:
(1) Partnership,Joint Venture,Estate or Trust
(II) Sole Proprietorship or Self-Employed
NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not
check I or II above,your firm will be considered a corporation and subject to all requirements listed herein.
BIDDER'S CORRECT LEGAL NAME
SIGNATURE OF AUTHORIZED AGENT OF BIDDER
REFERENCES
In order to receive Bid Award consideration on the proposed bid, it is a requirement that the following
"Information Sheet" be completed and returned with your bid. This information may be used in
determining the Bid Award for this contract.
BIDDER (COMPANY NAME):
ADDRESS:
TELEPHONE NO:
CONTACT PERSON: TITLE:
NUMBER OF YEARS IN BUSINESS: YEARS
ADDRESS OF NEAREST FACILITY:
LIST THREE(3)COMPANIES OR GOVERNMENTAL AGENCIES WHERE THESE PRODUCTS AND
SERVICES HAVE BEEN PROVIDED IN THE LAST YEAR:
1. COMPANY NAME:
ADDRESS:
TELEPHONE NO: ( )
CONTACT PERSON: TITLE:
DATE PRODUCTS SOLD:
2. COMPANY NAME:
ADDRESS:
TELEPHONE NO: ( }
CONTACT PERSON: TITLE:
DATE PRODUCTS SOLD:
3. COMPANY NAME:
ADDRESS:
TELEPHONE NO: ( )
CONTACT PERSON: TITLE:
DATE PRODUCTS SOLD:
Page 1 of 1
AGRYKE N,ENT BETWEEN CITY OF COPAL SP'WNG85,FL REDA
AND Ia.^.ViAT7 lEL!,'C;'P,'rC 5;Olb .0 'FOR K CTPIC+CALL+r;'t C OR.
SERVICE'S
THIS AGREEMENT made and encored into the y of a u 11 ,
.. _. 20 1 by
`and between:
CITY OF CORAL SPRINGS,FLORIDA
a municipal corporation
9551 West Sample Road
Coral Springs,Florida 33065
(hereinafter referred to as"CITY")
AND
YULOWATT ELECTRIC COMPANY
a Florida corporation
1700 NW 22d Avenue
Pompano Be&* Florida 33069
@avinafter referred to as"CONTRACTOR")
WHEREAS,on October 25, 2016 the CITY issued Bid Number 17-B-008F for Licensed
Electrical Contractor,and
WHEREAS, City staff has reviewed the bids and has recommends that Kilowatt Electric
Company be selected for services; and
W10REAS,the CITY Commission-concurs with dw recommendation.of City staff;and
IN CONSIDERATION of the mutual covenants and undertakings and other Band and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
do mutually covenant and agree as follows:
SaWon 1. FU'RMSH VARIOUS ELECTRICAL CONTRAC TI OR SERVICES
CONTRACTOR agrees to provide various electrical contractor services for the CITY
pursuant to terms and conditions set forth in the instmetions to bidders and specifications
of the Invitation to Bid No. 17-B-008F,incorporated heroin by reference.
Section 2. TERMS OF AGIRENKENT
This Agreement will commence on January 1,2017 and shall ter ninato on Deaenber 31,
2019,unless otherwise terminated pursuant to Section 19 of this Agreement. The CITY
reserves the right to renew this contract for two(2)additional two(2)year tee based on
CONTRACTOR'S acceptable level of perfomance and subjed to funding approved by
the City Commission.
Page 1 of 12
Doc.131406
�•t� .:r ; +Cgll+�Pir�NS.� x 1'�T
3.01 CITY agrees to pay to CONTRACTOR for services as per prices listed in
Exhibit"A".
3.02 All payments for services shall be in accordance with the unit costs as
domed in CONTRACTOR'S response to Bid No. 17-E-008F, incorporated herein by
reference, and invoiced by CONTRACTOR. Request for payment shall be submitted to
the Purchasing Division, Department of Financial Services, City of Coral Springs, 9551
West Sample Road, Coral Springs, Florida 33065. CITY shall pay CONTRACTOR
within thirty(30)calendar clays of approval of the invoice by CITY
Secfion 4. RECORDS AND AUDIT
CTTY reserves the right to audit the records of CONTRACTOR relating to this
Agreement any time during the performance and term of the Agreement and for a period
of three (3) ye am after completion and acceptance by CITY. If required by CITY,
CONTRACTOR shall agree to submit to an audit by an independent certified public
accountant selected by CITY. CONTRACTOR.shall avow CITE'to inspect,examine and
review the records of CONTRACTOR at any and all times during normal business hours
during the term of this Agreement.
IF THE, CONTRACTOR HAS QUE STIONS REGARDING f
AI PLICA►UON OF CHAPTER I9, 147L PRIDA STA TL UTES, TO i.
CO NTRACTO R"S DUTY M PROVIDE 1='IBM4 RECORDS
RELATING TO THIS CONTRACT., CONTACT THE CUSTOD:O N
OF PUBLYC RECORM AT T MH C= OF C OWN EAL ,
ROAD, CORAL., SPRINGS! FLORIDA 330659
D 1 H0MAS@C0RALSPR GS.QKG, TIELEPHOINE NUNIB R
(9-54"3 -Ir 067.
CONTRACTOR.understands, acknowledges and agrees that the CONTRACTOR shall,
pursuant to Section 119.0701, Florida Statutes, as amended from time to time, do the
following:
(1) Keep and maintain public records required by the CITY to perform the service.
(2) Upon request from the CITY'S custodian of public records, provide the CITY
with a copy of the requested reds€s allow the aeowds to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida
Statutes, or as otherwise provided by law or CITY policy.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
Page 2 of 12
Doc,131406
duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the CITY.
(4) Upon completion of the contract, transfer, at no cost, to the CITY all public
records in possession of CONTRACTOR or keep and maintain public records required
by the CITY to perform the service. If the CONTRACTOR transfers all public records to
the CITY upon compWioa of the oostract, the CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exeanpt from public records
disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the contract, the CONTRACTOR shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
CITY, upon request from the CITY'S custodian of public records, in a format that is
compatible with the information technology systems of the CITY
REQUEST FOR NONCOMPLIANCE
(a) A request to inspect or copy public records relating to a CITY's contract for
services must be made directly to the CITY. If the CITY does not possess the requested
records, the CITY mall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the CITY or allow rho records to be
inspected or copied within a reasonable amomt of time.
(h) If a CONTRACTOR does not comply with the CITY's request for records, the
CITY shall enforce the contract provisions in accordance with the contract.
(c) A CONTRACTOR who fails to provide the public records to the City within a
reasonable time may be subject to penalties under Section 119.10.
CIVIL ACTION
(a) If a civil action is filed against a CONTRACTOR to compel production of public
records relating to a CITY'S contract for services,the court shall assess an award against
the CONTRACTOR the reasonable costs of enforcement, including reasonable attorney
fees,if.
(1) The court determines that the CONTRACTOR unlawfully refused to
comply with the public records request within a reasonable time,,and
(2) At least eight (S) business days before filing the action, the plaintiff
provided written notice of the public records request; including .a
statement that the CONTRACTOR has not complied with the west, to
the CITY and to the CONTRACTOR.
(b) A notice complies with subparagraph(a)2. if it is sent to the CITY'S custodian of
public records and to the CONTRACTOR at the CONTRACTO.R's address fisted on its
contract with the CITY or to the CONTRACTOR's registered agent. Such notices must
Page 3 of 12
Doc.131406
be sent by common carrier delivery service or by registered, Global Express Guaranteed,
or certified snail, with postage or shipping paid by the sender and with eMence of
delivery,which may be in an electronic format.
(c) A CONTRACTOR who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable costs of enforcement.
croon 5. MEI"E - ^,9NT-RACTOR STA?l US
CONTRACTOR and its employees, volunteers and agents shall be and remain as
independent contractors and not agents or employees of CITY, with respect to all of the
acts and services performed by and under the terms of this Agreement. This Aft
shall not in any way be conshued to create a partnership, association or any other kind of
joint underking or venture between the parties hereto.
Section . CONFLICT OF UNTEREST
6.01 CONTRACTOR covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this Agreement has any
personal financial interests, direct or indirect, with CITY. CONTRACTOR finftler
covenants dn� w the pafomunce of this Agreement, no person having such conOwting
interest shall be employed. Any such interests, on the part of CONTRACTOR or its
employees,must be disclosed in writing to CITY.
6.02 CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of
the City of Coral Springs,Hroward County and the State of Florida,Chapter 112, Florida
Statutes (2016), as amended, and agrees that it will fully comply in all respects with the
term of said laws.
6.03 CONTRACTOR warrants that it has not employed or retained any person
employed by CITY to solicit or secure this Agreement and that it has not offered to pay,
hued, or agreed to pay, any public official or person employed by CITY any flee,
commission,percentage, brokerage fee or gift of any kind, contingent upon or resulting
from the award of this privilege.
Simon 7. INDENR LFIC'ATif?N
7.01 The parties agree that one percent (1%) of the total compensation paid to the
CONTRACTOR for services rendered during the term of this Agreement shall be
construed as specific consideration for the indemnification agreement stated as follows:
The CONTRACTOR agrees to mderanzify, defend, save and hold the CITY, its officers,
agents and emwloyees, bless from any and all claims, dates, hiakb#Iity, 108�
causes of action of any natere whatsoever,which may arise out of,in connection with, or
because of the services of the CONTRACTOR. specifically including improper or
inadequate supervision instruction and/or the use, maintenance or operations of the
Page 4 of 12
Doc.1314Q6
CONTRACTOR under this Agreement or the breach of this Agreement by the
CONTRACTOR.
7.02 The CONTRACTOR shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in conewtion therewith,including but not limited to,attorney's
fees and costs to defend all claims or suits,in the name of the CITY when applicable and
shall pay all.costs and judges which may issue dx reon.
7.03 The CITY reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be the
responsibility of the CONTRACTOR under this indemnification agreement.
7.04 Such indemnification shall not be limited to the amount of comprehensive general
liability inwnww which the CONTRACTOR is xeq=xed to cbtm under this Agrees.
Not1ftg contained herein is intended nor shall be construed to waive the CITY's rights
and immunities under the common law or Florida Statutes 763.28, as amended from time
to time.
7.05 PATENT AND COPY A4T II+IDE.IViNXICATION: CONTRACTOR shall
indemnify, save and hold harmless,the CITY, its officers,agents and employees from all
claims, damages,losses,Babilides and expenses arising out of art afieged inf genient of
copyrights, patent right,the unauthorized or unlicensed use of any material,property or
other work in connection with the perfarmaace of the services provided pursuant to this
Agreement.
Sectim 8. INSURANCE
8.01 The CONTRACTOR small secure and maintain, at its own expense, and keep in
effect during the full term of this Agreement, a policy or policies of insurance, which
must include the following coverages and minimum limits of liability:
(1) Workees Corn h'on Insurance fvr statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United
States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act
and#Jae Jones Act. Employer's Liability hwuraum shall.-be provided with a minimum of
two hundred thousand and xx/I00 dollars ($200,000.00) per accident. The
CONTRACTOR agrees to be responsible for the employment, conduct and control of its
employees and for any injury sustained by such employees in the course of their
employment
(2) Commercial Automobile Ligl`ijh'y Insurance for all owned, non-owned and hired
automnohiles amd other vebkJa used by the CONTRACTOR in the petfotsasuc a of the
obligations of this Agreement with the following minimum limits of liability with no
restrictive endorsements:
Pop 5 of 12
Doe.131406
$1,000,000.00 Combined. Single Limit, per occurrence, Bodily Injury & Property
Damag
(3) Comprehensive Genera, Lia.
bibly (occurrence forma) with the following minimum
limits of liability with no restrictive endorsements:
$I,000,000.00 Con",ed Sinec Limit, per occulaence, Bodily Injury & Property
Damage. Coverage shall specifically include the following with minimum limits not less
then those required for Bodily Injury Liability and Property Damage Liability:
(a) Premises and Operations.
(b) Independent Contractors.
(o) Product and Completed Operations Liability.
(d) Broad Torm Prgxxty Damage.
(e) Broad Form Contractual Coverage applicable to the Agreement and
specifically insuring the indemnification and hold harmless agreement
contained in section 8(check when final)of the Agreement.
(fl Owner's or Contractor's Protective Liability.
&02 UPON CONTRACT EXECUTION, THE CONTRACTOR SHALL.
SUBMIT TO CIIV COPM OF ITS CERTMCATM(B) OF INK4L NC'E
f,1vrWXNC tWG THE FZQUIP.TD COVE PAGES AND SPECIFICALLY
PROVIDMI G THAT THE CITY OF CGRAL SPRINGS aS AN ADWITIONAL
NAMMI) INSURED OR ADDITIONAL rNSURED WITH RESPXCT TO THE
PXQUMD COVMAGES AND THE OPERATIONS OF CONTRACTORS
UNDER TILE A&REEWNT. Insurance companies selected must be acceptable to
CITY. Ali of the policies of insurance so required to be purchased and maintained shall
contain a Provision or endonemeat that the coverage afrorrlecl shall not be canceled,
materially changed or renrwal refused until at least thirty (30) calendar days written
notice has been given to the CITY by certified mail.
8.03 These insurance requirements shall not relieve or lirnrt the habihty of the
CONTRACTOR. The CITY does not in any way represent that the types and amounts of
insurance required hereunder are sufficient or adequate to protect the CONTRACTOws
its or vilifies but are m aely mainkmim dents established by the CITY's
Risk Management Coordinator. The CPTY reserves the right to require any other
insurance coverages that the CITY'deems necessary depending upon the risk of loss and
exposure to liability.
8.04 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida,with the minimum rating of
B+to A+,in acomdanee with the Iatest edifian of A.M.let's lummuce Ouide.
8.05 The CONTRACTOR shall require each of its sub-contractors of any tier to
maintain the insurance required herein {except as respects limits of coverage for
employers and public liability insurance which may not be less than One Million
Page 6 of 12
DM.131406
($1,000,000) Dollars for each category), and the CONTRACTOR. shall provide
verification thereof to the CITY upon request of the CITY.
8.06 All required insurance policies shall preclude any underwriter's rights of recovery
or subrogation against the CITY with the express intention of the parties being that the
required insurance coverage protects both parties as the primary coverage for any and all
tosses coves by the above desc rOW insurance.
8.07 The CONTRACTOR shall ensure that any company issuing insurnnce to cover
the requirements contained in this Agreement agrees that they shall have no recourse
against the CITY for payment or assessments in any form on any policy of insurance.
8.08 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an
Oc ounce, Claim or Suit°as rt appew in W policy of mmumm in whrh the CrrY is
named as an additional named insured shall not apply to the CITY. The CITY shall
provide written notice of occurrence within fifteen (15) working days of the CITY's
actual notice of such an event.
8.09 Um CONTRACTOR ACTOR sue. not commence pace of its obligMions under
this Agreement until aft it has obtained all of the minimum insurance herein described
and the same has been approved.
8.10 Violation of the terms of this Section and its subparts shall constitute a breach of
the Agreement and the CITY, at its sole discretion, may a od the Agreement and all
rights,title and interest of the CONTRACTOR shall thereupon cease and terminate.
Sec on 9. ASSIGNMENT
This Agreement is not assignable or transferable in whole or in part without the prior
expressed written consent of the CITY.
S.,,,e §onU 10, COli+1 LL4NCEZ WITH LAWS
CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida,City of Coral Springs and
of any other public authority,which may be applicable to this Agreement.
Section-11, VENUE
Any claim, objection or dispute arising out of the terms of ttus Agreement shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida and the
pravat ifing 1 'tY to any sly be entitled to an awardof s1l reasonable
attorney's fees, interest and court costs incurred by such prevailing party against the
losing party including reasonable appellate attorneys fees,interest and taxable costs.
Page 7 of 12
Doc.131406
OVERKING LAW
The validity, coon and effect of this Agreement shall be governed by the laws of
the State of Florida,
Section 13. PENS,FEES AND NOTICES
CONTRACTOR shall use its best efforts to obtain the necessary permits as soon as
possible after the Notice to Proceed is issued. Any delays in obtaining permits must be
brought to the attention of the CITY'S Purchasing Administrator without delay,
Section 14. M&€D1M CY
In the event 9W ei'tha party 9WI becom insolvent,mare a gmenal; assiffimunt for the
benefit of creditors, suffer or permit the appointment of a receiver for its business or its
assets or shall avail itself of, or become subject to, any proceeding under the Federal
Bankruptcy Act or any other statute of any state relating to insolvency or the protection
of:rights of creditors, or become subject to rehabilitation, then,at the option of the ether
party and immediately upon written notice,his Agreement Wminate and be of no
further force and effect.
This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered,amended,modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant,term, condition or election but the same
shall continue and remain in full force and effect.
Section 16. SEF 'MIT-Y
Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
xU LZ. NONDISCRMMA T ION AND EQUAL OPPORTUNT:i"Y EMPLOYI Ekff
Dwg the perfo>nnance of tba Agreement„ CONTRACTOR shall not disennimate
against any employee or applicant for employment because of race,religion,color,sex or
national origin. The COl`7. RACTOR will tape affirmative action to ensure that
employees are treated during employment; without regard to their race, arced, color, or
national original, Such action must include, but not be limited to, the following:
employmen, qpgmdia& demotion or tusfier; areenntat mna or rec ruianent adver isiog,
Page 8of12
Doc.131406
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including alprtmiceship. The CONTRACTOR shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nor_disc dmination
clause.
$1g4MAg. CITMiilr. A"AW ",1 '- IlUFS
The remedies expressly provided in this Agreement to CITY shall not be deemed to be
exclusive,but shall be cumulative and in addition to all other remedies in favor of CITY
now or hereafter existing at law or in equity.
Se99nn 19. TERMINATION
Upon seven (7) calendar days wntten notice delivered by certified mail, return receipt
requested,to the CONTRACTOR,CITY may without cause and without prejudice to any
other right or remedy, terminate the Agreement for the CI TY'S convenience whenever
the CITY determines that such termination is in the best interest of the CITY. Where the
Agreement is terminated for the convenience of the CITY the notice of termination to the
CONTRACTOR must state that Me Agreement is being terminated for the convenience
of the CITY under the termination clause and the extent of tenination Upon receipt of
the Notice of Termination for convenience, the CONTRACTOR shall promptly
discontinue all work at the time and to the extent indicated on the Notice of Termination,
terminate all outstanding sub-contractors and purchase orders to the extent that they relate
to the terminated portion of the Agreement and refrain from planing further orders and
sub-contracts except as they may be necessary,and complete any continued portions of
the work.
In the event CONTRACTOR shall default in or violate any of the terms, obligations,
restrictions or conditions of this Agreement, the CITY shall give the CONTRACTOR
written notice by certified mail of the default and that such default shall be corTected or
to ouch Ae6wk "-be ammoaced, mdAbin ten.(10) calendar days
thereof In the event the CONTRACTOR has failed to correct the condition(s) of the
dclarlt ar the de WIt is nut rameSe d to the atis ao and>approval cif the CITY, the
CITY shall have all legal remedies available to it, including, but not limited to,
termination of this Agreement in which case the CONTRACTOR shall be liable for all
re-procurement costs and any and all damages permitted by law arising from the default
and breach of this Agreement.
Sectian 20. NOTICES
20.01 All notices and other communications required or permitted under this
Agreement shall be in writing and given by:
20.02 hand delivery;
Page 9of12
Doc.131406
20.03 registered or certified mail,retum receipt requested:
20.04 overnight courier,or
20.05 facsimile to:
CITY: Angelo Salomone,Purchasing Administrator
City of Coral Springs
9551 west Sample Road
Coral Springs,Florida 33065
Telephone: (954)344-1101
Facsimile: (954)344-1186
CONTRACTOR: Edward Flack,President
Kilowatt Electric Company
1700 NW 22"d Avenue
Pompano Beach,Florida 33069
Telephone: (954)975-8200
Facsimile: (954)975-9946
20.06 or to such other address as any party may designate by notice complying
with the tenus of this Section.. Each such notice shah be deemed
delivered:
20.06.1 on the date delivered if by personal delivery or overnight courier,
20.06.2 on the elate Won which the return receipt is signed or delivery is refused or
the notice is designated by the postal authorities as not deliverable, as the
rase may be,ifwidled;and
20.06.3 on the date of transmission with confirmed answer back if by fax.
ae-9ion 21. In the event of conflict between this Agreement and the terms and conditions in
Bid Number 17-B-008F,the terms of this Agreement shall control,
[THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLA]i�K)
Page 10 of 12
Dm 131406
IN WITNESS WHEREOF.; THE CITY OF CORAL SPRINGS AND KILOWATT ELECTRIC
COMPANY, have caused these present to be executed in their respective names by the proper
officials the day and year first above written.
CITY OF CORAL SPRINGS,FLORIDA
TTE T:
b!&- Avul/ W aft. Cx.n ,Jr.,Mayor
Debra Thomas,CMC,City Clerk
Approved as to form:
lstity Cri} ";tttUzr.ey
Pap 11 of 12
Me-131406
i r..C'Sli
Titla:
Prat Nye: "W GLJL& T dy,
Date:
State Of�xo�►r
Coiwty of
O his, the —A_ of , 2016, bef€m me, the undersignW
Notary PubficAf the state of r� _. foregoi!^�:r���_(rwrnezit was gclmowledged by
_ � �^ �: �,A t,._ - (title) of
_ _,jeorpora#iOn.3, as "jstate) corporation, on behalf
of the corporatiCfi:
WITNESS my hand
and official seel
"'" §:A4AR113ELL RODRIGUEZ
`+` �'= MY CO
'�'.. ' r COMMISSION#FFQ98485
.� r+
s ..._..
�,390-a.. EXPIRES en 4,2018 leorl 3se ate3 FlorkbNoterysmVIC.oom Pnr* ,tyl7exl Or stwnped nmae of'Notary
Public exactly as commissioacd
��kncown to me
Produced identl�i'c�tion:
(tymr of identification traduced)
Page 12of12
Doc.131406
EXH1BI T i'-"
SID E7-3-008F
L ICEMSED FLEC i RICAi. CONTRACTOR
VENDOR "(11owaK.8e+ctric Co.
CONTACT _ Edward Flack
PHONE NO. 954 975-8200 _
item ES.gLy__ Unit cost Extended cost
1,500 hours. State registered or Broward $32.00/11r. $48,000.00
Gouniy Licensed Electrical
Contractor 8:00 a.m. thru 5:00 i
p.m. Monday thru Friday
,fMduding City holidays)
2 40 hours State registered or Broward $52.60/Hr. $2,100.00
County Ucensed "Aecbical
Contractor. Ali times other than
those listed on item#1.
3 $8,DOO Cotfactors cost of materials X 1.29= .. _ . $10,320.00
multiplied by mark-up for profit,
overhaad, etc. (Ex $8,000 z 1.2�
$9:6_90) _
wand total amount(9terns 1 $60,420.00
thru 3)
Does your firm have a^bucket truck amble for p:qect Yes
Use"
Size of Bucket Tnrck
Cast for bucket trick we WR E over ator