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Home My WebLink AboutR-2023-009 Kilowatt Electric Company Purchase of Electrical Repair Services (Piggyback Coral Springs) and to Exceed $50K executed RESOLUTION NO. 2023-009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR ELECTRICAL REPAIR SERVICES FROM KILOWATT ELECTRIC COMPANY UTILIZING THE CITY OF CORAL SPRINGS ITB NUMBER 23- B-013F, EFFECTIVE JANUARY 11, 2023 THROUGH JANUARY 10, 2026, IN AN AMOUNT TO EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH FISCAL YEAR THE CONTRACT IS IN PLACE; 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 (j), 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/she 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$50,000.00 for a vendor each fiscal year; and WHEREAS, the City desires to procure electrical repair services from Kilowatt Electric Company in an amount to exceed the annual Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor and,therefore, requires City Commission approval; and WHEREAS, the City of Coral Springs competitively bid electrical services in October 2022 and subsequently awarded a Service Agreement under Bid Number 23-B-13F with Kilowatt Electric Company, which is effective January 11, 2023 through January 10, 2026, with the option to renew for two (2) additional three year renewals; and WHEREAS, the Public Services Director has determined that 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 23-B-013F 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 Kilowatt Electric Company under Bid Number 23-B-013F, and contract with the City of Coral Springs in an amount to exceed the annual vendor threshold of Fifty Thousand Dollars ($50,000.00) for each fiscal year the contract is in place. Section 3. That all 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 policy. 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 February 14, 2023. ATTEST: 4& 8£ � /O ��f► f .d , • • /4.4�1 THOMAS SCHNIEDER, CMC ARCHI:A i J. YAN IV CITY CLERK ' �48 1ce MAYOR 4/SHED APPROVED AS TO FORM AND CORRECTNESS: EV . BO TSIS C ATTORNEY 2 RESOLUTION#2023-009 WHEREAS, the City of Coral Springs competitively bid electrical services in October 2022 and subsequently awarded a Service Agreement under Bid Number 23-B-13F with Kilowatt Electric Company, which is effective January 11, 2023 through January 10, 2026, with the option to renew for two (2) additional three year renewals; and WHEREAS, the Public Services Director has determined that 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 AGREEMENT BETWEEN CITY OF CORAL SPRINGS,FLORIDA AND KILOWATT ELECTRIC COMPANY FOR LICENSED ELECTRICAL CONTRACTOR SERVICES THIS AGREEMENT,made and entered into the I I day of sQ n ua 2023 (hereinafter"Effective Date")by and between: �J CITY OF CORAL SPRINGS,FLORIDA a municipal corporation 9500 West Sample Road Coral Springs,Florida 33065 (hereinafter referred to as"CITY") and KILOWATT ELECTRIC COMPANY a Florida corporation 1700 NW 22nd Avenue Pompano Beach, Florida 33069 (hereinafter referred to as "CONTRACTOR") WHEREAS, on October 25, 2022, CITY issued Bid Number 23-B-013F for Licensed Electrical Contractor Services (hereinafter`Bid"); and WHEREAS, CITY staff has reviewed the Bid and recommends that CONTRACTOR be selected for the services identified in the Bid, attached hereto and incorporated herein as Exhibit "A;"and WHEREAS, the City Commission concurs with the recommendation of CITY staff; now,therefore 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: SECTION 1. RECITALS The foregoing recitals are true and correct and are hereby incorporated into this Agreement. SECTION 2. PURPOSE 2.01 CITY hereby retains CONTRACTOR for various electrical contractor services. 2.02 CONTRACTOR agrees that should the work performed by CONTRACTOR not meet CITY's standards or be to the satisfaction of CITY, CONTRACTOR shall be required to redo services described above, or perform any corrective measures that CITY, in its sole discretion, deems appropriate. Page 1 of 14 Doc.136720 RECTNESS: EV . BO TSIS C ATTORNEY 2 RESOLUTION#2023-009 WHEREAS, the City of Coral Springs competitively bid electrical services in October 2022 and subsequently awarded a Service Agreement under Bid Number 23-B-13F with Kilowatt Electric Company, which is effective January 11, 2023 through January 10, 2026, with the option to renew for two (2) additional three year renewals; and WHEREAS, the Public Services Director has determined that 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 2.03 In the event that CONTRACTOR damages any property of CITY, CONTRACTOR agrees that it shall be responsible to either repair or replace the damaged property and that the property shall be restored to its original condition. SECTION 3. SCOPE OF WORK Subject to the terms and conditions of this Agreement, CITY hereby retains CONTRACTOR to provide the services as detailed in the Bid, attached hereto and incorporated herein as Exhibit «A, SECTION 4. RESPONSIBILITIES OF CITY CITY shall use its best efforts in cooperating with CONTRACTOR in providing the information and documentation necessary to CONTRACTOR in the performance of services under this Agreement. SECTION 5. COMPENSATION All payments for services shall be in accordance with the cost as designated in the Pricing Sheet, which is included in the Bid, attached hereto and incorporated herein as Exhibit "A," and invoiced by CONTRACTOR. SECTION 6. TERM OF AGREEMENT This term of this Agreement shall be from January 11, 2023 and shall terminate on January 10, 2026 with the option to renew for two(2)additional three(3)year renewals. SECTION 7. TERMINATION 7.01 Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to CONTRACTOR, CITY may, without cause and without prejudice to any other right or remedy, terminate the Agreement for CITY's convenience whenever CITY determines that such termination is in the best interest of CITY. Where the Agreement is terminated for the convenience of CITY the notice of termination to CONTRACTOR must state that the Agreement is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of the Notice of Termination for convenience, CONTRACTOR shall promptly discontinue all work at the time and to the extent indicated on the Notice of Termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Agreement and refrain from placing further orders and subcontracts except as they may be necessary, to complete any continued portions of the work. 7.02 In the event CONTRACTOR shall default in or violate any of the terms, obligations, restrictions or conditions of this Agreement, CITY shall give CON TRACTOR written notice by certified mail of the default and that such default shall be corrected, or actions taken to correct such default shall be commenced within ten (10) calendar days thereof. In the event CONTRACTOR has failed to correct the condition(s) of the default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available Page 2 of 14 Doc.136720 to it, including, but not limited to, termination of this Agreement in which case 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. SECTION 8. INDEMNIFICATION 8.01 The parties agree that one percent (1%) of the total compensation paid to CONTRACTOR for services rendered during the term of this Agreement shall be construed as specific consideration for the indemnification agreement stated as follows: CONTRACTOR agrees to indemnify, defend, save and hold CITY, its officers, agents and employees, harmless from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with, or because of the services of CONTRACTOR specifically including improper or inadequate supervision instruction and/or the use, maintenance or operations of CONTRACTOR under this Agreement or the breach of this Agreement by CONTRACTOR. 8.02 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to, attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable and shall pay all costs and judgments which may issue thereon. 8.03 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 CONTRACTOR under this indemnification agreement. 8.04 Such indemnification shall not be limited to the amount of comprehensive general liability insurance which CON TRACTOR is required to obtain under this Agreement. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8.05 PATENT AND COPYRIGHT INDEMNIFICATION: CONTRACTOR shall indemnify, save and hold harmless, CITY, its officers, agents and employees from all claims, damages, losses, liabilities and expenses arising out of an alleged infringement 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 9. SCRUTINIZED COMPANIES CONTRACTOR understands that pursuant to Section 287.135, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with CITY if CON IRACTOR is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, as amended, or is engaged in a boycott of Israel. Additionally, CONTRACTOR understands that if the consideration for this Agreement exceeds one million dollars at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, and CONTRACTOR is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 operations in Syria,that CONTRACTOR is ineligible to, and may not bid on, submit a proposal for,or enter into or renew a contract with CITY. By entering into this Agreement, CONTRACTOR certifies that CONTRACTOR and its principals and/or owners are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations with Syria. In the event that CONTRACTOR is placed on the Scrutinized Companies that Boycott Israel List, engaged in a boycott of Israel, Scrutinized Companies with Activities in the Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or is engaged in business operations with Syria, CITY may immediately terminate this Agreement without any liability to CONTRACTOR notwithstanding any other provision in this Agreement to the contrary. SECTION 10. INSURANCE 10.01 CONTRACTOR shall 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) 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 Employers' Liability Act and the Jones Act. Employer's Liability Insurance shall be provided with a minimum of two hundred thousand and xx/100 dollars($200,000.00)per accident. 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 Liability Insurance for all owned,non-owned and hired automobiles and other vehicles used by CONTRACTOR in the performance of the obligations of this Agreement with the following minimum limits of liability with no restrictive endorsements: $1,000,000.00 Combined Single Limit,per occurrence,Bodily Injury&Property Damage (3) Comprehensive General Liability (occurrence form) with the following minimum limits of liability with no restrictive endorsements: $1,000,000.00 Combined Single Limit, 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 Property Damage. (e) Broad Form Contractual Coverage applicable to the Agreement and specifically insuring the indemnification and hold harmless agreement contained in this Agreement. Page 4 of 14 Doc.136720 s on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 (f) Owner's or Contractor's Protective Liability. 10.02 UPON CONTRACT EXECUTION, THE CONTRACTOR SHALL SUBMIT TO CITY COPIES OF ITS 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 COVERAGES AND THE OPERATIONS OF CONTRACTORS UNDER THE AGREEMENT. Insurance 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 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. 10.03 These insurance requirements shall not relieve or limit the liability of CONTRACTOR. CITY does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect CONTRACTOR's interests or liabilities but are merely minimum requirements established by CITY's Risk Manager. CITY reserves the right to require any other insurance coverages that CITY deems necessary depending upon the risk of loss and exposure to liability. 10.04 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 accordance with the latest edition of A.M. Best's Insurance Guide. 10.05 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 Two Million ($2,000,000) Dollars for each category), and CONTRACTOR shall provide verification thereof to CITY upon request of CITY. 10.06 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 the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above-described insurance. 10.07 CONTRACTOR shall ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. 10.08 The clauses "Other Insurance Provisions" and "Insured 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. 10.09 CONTRACTOR shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 10.10 Violation of the terms of this Section and its subparts shall constitute a breach of the Agreement and CITY, at its sole discretion, may cancel the Agreement and all rights, title and interest of CONTRACTOR shall thereupon cease and terminate. SECTION 11. ACCIDENT PREVENTION CONTRACTOR shall exercise reasonable care and precaution at all times for the protection of persons and property on the premises provided under this Agreement. Safety provisions of all applicable laws and ordinances shall be strictly observed. CITY reserves the right to expel any person from municipal property who is causing a disturbance, is conducting themselves in violation of CITY rules, regulations, ordinances or whose conduct or activity presents a safety risk or public nuisance. Neither CITY nor any of its officers, agents or employees shall be liable to CONTRACTOR for any damages that may be sustained by CONTRACTOR through exercise by CITY of such right. SECTION 12. INDEPENDENT CONTRACTOR STATUS 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 Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. SECTION 13. NON-EXCLUSIVITY This Agreement is considered a non-exclusive Agreement between the parties. CITY shall have the right to purchase the same kind of goods and/or services to be provided by CONTRACTOR hereunder from other sources during the term of this Agreement. SECTION 14. COMPLIANCE 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 15. PERMITS,FEES AND LICENSES CONTRACTOR shall secure and pay for all permits and governmental fees, licenses and charges necessary for the proper execution and completion of the work. SECTION 16. TAXES CONTRACTOR agrees to pay all applicable sales,consumer use and other similar taxes required by law. Page 6 of 14 Doc.136720 ourse against CITY for payment or assessments in any form on any policy of insurance. 10.08 The clauses "Other Insurance Provisions" and "Insured 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. 10.09 CONTRACTOR shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 SECTION 17. CONFLICT OF INTEREST 17.01 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 further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests, on the part of CONTRACTOR or its employees,must be disclosed in writing to CITY. 17.02 CON 1'RACTOR 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, as amended from time to time, and agrees that it will fully comply in all respects with the terms of said laws. 17.03 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, percentage, brokerage fee or gift of any kind, contingent upon or resulting from the award of this privilege. SECTION 18. WARRANTIES 18.01 CONTRACTOR warrants to CITY that the services performed hereunder shall be performed in a workmanlike manner, and that such services, including all materials and equipment provided shall conform to professional standards of care and practice in effect at the time the work is performed, be of the highest quality and free from fault and defects, whether patent or latent, and be merchantable and fit for the ordinary purposes for which they are intended. 18.02 CONTRACTOR warrants to CITY that it shall comply with all applicable federal, state and local laws,regulations and orders in carrying out its obligations under this Agreement. 18.03 CONTRACTOR warrants to CITY that the consummation of the services set out in this Agreement shall not result in the breach of any term or provision of or constitute a default under any indenture,mortgage, contract or agreement to which CONTRACTOR is a party. 18.04 CONTRACTOR warrants that it does not have any financial interest in marketing CITY's debt, or financial interest with investment banks, banks or underwriters associated with CITY's proposed debt issues. 18.05 CONTRACTOR warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership,nor is it engaged in or threatened with any litigation 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 this Agreement. 18.06 No warranty, express or implied,may be modified, excluded or disclaimed in any way by CONTRACTOR.All warranties shall remain in full force and effect subsequent to the provision of all specified services and/or the duration of this Agreement. Page 7 of 14 Doc.136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 SECTION 19. ASSIGNMENT 19.01 CONTRACTOR shall not assign, or transfer its rights, title or interests in the Agreement nor shall CONTRACTOR delegate any of the duties and obligations undertaken by CONTRACTOR without CITY's prior written approval. 19.02 Changes in Staff. CONTRACTOR will advise CITY not less than thirty (30) days in advance of any proposed changes in CONTRACTOR's staff assignment to enable CITY an opportunity to discuss such proposed changes with CONTRACTOR. SECTION 20. INSOLVENCY In the event that either party shall become insolvent, make a general assignment 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 other party and immediately upon written notice,this Agreement shall terminate and be of no further force and effect. SECTION 21.NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. CONTRACTOR 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: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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 non-discrimination clause. SECTION 22. RECORDS AND AUDIT 22.01 CITY 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)years 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 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. 22.02 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 CMC, CITY CLERK, 9500 WEST SAMPLE ROAD, CORAL SPRINGS, FLORIDA 33065, GELLIOTT(aCORALSPRINGS.GOV, TELEPHONE NUMBER (954) 344-1074. 22.03 CONTRACTOR understands, acknowledges and agrees that 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 CITY to perform the service. (2) Upon request from CITY'S custodian of public records, provide CITY with a copy of the requested records or allow the records 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 duration of the contract term and following completion of the contract if CONTRACTOR does not transfer the records to CITY. (4) Upon completion of the contract,transfer,at no cost,to CITY all public records in possession of CONTRACTOR or keep and maintain public records required by CITY to perform the service. If CONTRACTOR transfers all public records to CITY upon completion of the contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from CITY'S custodian of public records, in a format that is compatible with the information technology systems of CITY. 22.04 NONCOMPLIANCE OF CONTRACTOR (1) A request to inspect or copy public records relating to a CITY'S contract for services must be made directly to CITY. If CITY does not possess the requested records, CITY shall immediately notify CONTRACTOR of the request, and CONTRACTOR must provide the records to CITY or allow the records to be inspected or copied within a reasonable amount of time. (2) If CONTRACTOR does not comply with CITY'S request for records, CITY shall enforce the contract provisions in accordance with the contract. (3) If CONTRACTOR fails to provide the public records to CITY within a reasonable time, CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. (4) If a civil action is filed against CONTRACTOR to compel production of public records relating to a CITY'S contract for services, the court shall assess an award against CONTRACTOR the reasonable costs of enforcement. Page 9 of 14 Doc.136720 CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 SECTION 23. CUMULATIVE REMEDIES 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. SECTION 24. 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. 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 25. ATTORNEY'S FEES AND COSTS In any legal action between CONTRACTOR and CITY, CITY shall be entitled to its costs of collection, attorney's fees and costs,and interest at the maximum rate allowable by law. SECTION 26. GOVERNING LAW;VENUE 26.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 26.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County,Florida. SECTION 27. CONSTRUCTION OF AGREEMENT 27.01 The terms and conditions herein are to be construed with their common meaning to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural.All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 27.02 The parties agree that this Agreement was jointly drafted, and each party was represented by counsel or had sufficient time to consult counsel before the execution of this Agreement. Any applicable law that would require interpretation of claimed ambiguities against the drafting party has no application and is expressly waived by both parties. If either party raises a claim as to any conflict, omission, or ambiguity in the provisions of this Agreement, there shall be no presumption or burden of persuasion that will be implied. Page 10 of 14 Doc.136720 r Section 119.10, Florida Statutes. (4) If a civil action is filed against CONTRACTOR to compel production of public records relating to a CITY'S contract for services, the court shall assess an award against CONTRACTOR the reasonable costs of enforcement. Page 9 of 14 Doc.136720 CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 SECTION 28. SEVERABILITY Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. SECTION 29. CONFLICT In the event of conflict between this Agreement and the terms and conditions set forth in any Exhibit attached hereto, the terms of this Agreement shall control, except as expressly and explicitly provided for in this Agreement, any term, condition, or webpage link to any terms or condition contained in any Exhibit attached hereto shall have no force or effect. SECTION 30. FORCE MAJEURE AND APPROPRIATION 30.01 In no event shall CITY be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly,forces beyond its control, including, without limitation: epidemic/pandemic/viral or communicable disease outbreak; quarantines; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes (including floods, fires, earthquakes, tornadoes, tropical storms, and hurricanes)or other acts of God; any National, State, County or Local State of Emergency or any act, order, or requirement of any governmental authority; interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; or any other similar causes beyond the control of CITY; it being understood that CITY shall use reasonable efforts to resume performance as soon as practicable under the circumstances. 30.02 CITY'S performance and obligation to pay under this Agreement is contingent upon appropriation by the Coral Springs City Commission. SECTION 31. E-VERIFY In accordance with Section 448.095,Florida Statutes,CON IRACTOR agrees as follows: (a) CONTRACTOR agrees to utilize the E-Verify system to verify work authorization status of all newly hired employees. CONTRACTOR shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. CITY may immediately terminate this Agreement for a breach of this subparagraph. (b) CON TRACTOR shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CON IRACTOR shall retain a copy of the affidavit for the term of this Agreement and all renewals thereafter, and in accordance with all other Sections of this Agreement. CITY may immediately terminate an Agreement for a breach of this subparagraph. (c) CITY shall terminate this Agreement if CITY has a good faith belief that CONTRACTOR is in violation of Section 448.09(1),Florida Statutes. Page 11 of 14 Doc.136720 RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 (d) CONTRACTOR shall terminate any agreement with any subcontractor if CONTRACTOR has a good faith belief that the subcontractor is in violation of Section 448.09(1), Florida Statutes. CITY may immediately terminate this Agreement for a breach of this subparagraph. (e) CITY shall notify and order CONTRACTOR to immediately terminate a contract with a subcontractor if CITY has a good faith belief that CONTRACTOR's subcontractor knowingly violated this Section,but CONTRACTOR have otherwise complied with this Section. CITY may immediately terminate this Agreement for a breach of this subparagraph. (f) A contract terminated pursuant to this Section is not a breach of contract and shall not be considered as such. (g) CONTRACTOR shall be liable for any and all additional costs incurred by CITY as a result of a termination for this Section. SECTION 32. The same prices, terms and conditions of this agreement shall be available to other governmental entities located in Broward County, Miami-Dade County and Palm Beach County. SECTION 33. NOTICES All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by registered or certified mail, return receipt requested, hand-delivery, overnight courier, facsimile or email to the following persons and addresses: CITY: Gail Dixon,Purchasing Manager City of Coral Springs 9500 West Sample Road Coral Springs,Florida 33065 Tel.: (954)344-1104 Email:gdixon(a,coralsnrings.gov CONTRACTOR: Edward Flack,President Kilowatt Electric Company 1700 NW 22nd Avenue Pompano Beach,Florida 33069 Telephone: (954)975-8200 Email: eddie flack@kilowatt-electric.com [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 12 of 14 Doc.136720 fy system to verify work authorization status of all newly hired employees. CONTRACTOR shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. CITY may immediately terminate this Agreement for a breach of this subparagraph. (b) CON TRACTOR shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CON IRACTOR shall retain a copy of the affidavit for the term of this Agreement and all renewals thereafter, and in accordance with all other Sections of this Agreement. CITY may immediately terminate an Agreement for a breach of this subparagraph. (c) CITY shall terminate this Agreement if CITY has a good faith belief that CONTRACTOR is in violation of Section 448.09(1),Florida Statutes. Page 11 of 14 Doc.136720 RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 IN WITNESS WHEREOF, 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. ATTEST: CITY OF CORAL SPRINGS,FLORIDA GEORGIA ELLIOTT, CMC, City Clerk SCOTT BROOK,Mayor APPROVED AS TO FORM: C>iltciea 6am'a Christina Gomez(Dec 28,2022 18.42 EST) CHRISTINA M. GOMEZ Assistant City Attorney Page 13 of 14 Doc.136720 KILOWATT ELECTRIC COMPANY By: 6 Title: president Print Name:edward flack Page 14 of 14 Doc.136720 and year first above written. ATTEST: CITY OF CORAL SPRINGS,FLORIDA GEORGIA ELLIOTT, CMC, City Clerk SCOTT BROOK,Mayor APPROVED AS TO FORM: C>iltciea 6am'a Christina Gomez(Dec 28,2022 18.42 EST) CHRISTINA M. GOMEZ Assistant City Attorney Page 13 of 14 Doc.136720 12/5/22,2:11 PM Detail by Entity Name DIVISION OF CORPORATIONS YEBOn r, ore c vpo_,_Arrr o rs an afJirlu1 lute of Aura&wektilr )department of State / Division of / Search Records / Search by Entity Name 1 Detail by Entity Name Florida Profit Corporation KILOWATT ELECTRIC COMPANY Filing Information Document Number P93000023334 FEI/EIN Number 65-0406974 Date Filed 03/25/1993 State FL Status ACTIVE Principal Address 1700 NW 22ND AVENUE POMPANO BEACH, FL 33069 Changed:03/25/2009 Mailing Address 1700 NW 22ND AVENUE POMPANO BEACH,FL 33069 Changed:03/25/2009 Registered Agent Name&Address FLACK, EDWARD D 1700 NW 22ND AVENUE POMPANO BEACH, FL 33069 Name Changed:05/02/2000 Address Changed:03/25/2009 Officer/Director Detai Name&Address Title PD FLACK, EDWARD 1700 NW 22ND AVE POMPANO BEACH, FL 33069 Title TS https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&di rectionType=Initial&searchNameOrder=KILOWAT... 1/3 l, return receipt requested, hand-delivery, overnight courier, facsimile or email to the following persons and addresses: CITY: Gail Dixon,Purchasing Manager City of Coral Springs 9500 West Sample Road Coral Springs,Florida 33065 Tel.: (954)344-1104 Email:gdixon(a,coralsnrings.gov CONTRACTOR: Edward Flack,President Kilowatt Electric Company 1700 NW 22nd Avenue Pompano Beach,Florida 33069 Telephone: (954)975-8200 Email: eddie flack@kilowatt-electric.com [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 12 of 14 Doc.136720 fy system to verify work authorization status of all newly hired employees. CONTRACTOR shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. CITY may immediately terminate this Agreement for a breach of this subparagraph. (b) CON TRACTOR shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CON IRACTOR shall retain a copy of the affidavit for the term of this Agreement and all renewals thereafter, and in accordance with all other Sections of this Agreement. CITY may immediately terminate an Agreement for a breach of this subparagraph. (c) CITY shall terminate this Agreement if CITY has a good faith belief that CONTRACTOR is in violation of Section 448.09(1),Florida Statutes. Page 11 of 14 Doc.136720 RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 12/5/22,2:11 PM Detail by Entity Name FLACK,SHAINA M 1700 NW 22ND AVE POMPANO BEACH, FL 33069 Annual Reports Report Year Filed Date 2020 01/13/2020 2021 01/11/2021 2022 01/24/2022 Document Images 01/24/2022—ANNUAL REPORT View image in PDF format 01/11/2021—ANN.SAL REPORT View image in PDF format 01/13/2020—ANNUAL REPORT View image in PDF format 02/07/2019—ANNUAL REPORT View image in PDF format ' 01/14/2018—ANNUAL REPORT View image in PDF format 0.V16l2017—ANNUAL REPORT View image in PDF format 03/29/2016—ANNUAL REPORT View image in PDF format 01/10/2015—ANNUAL REPORT View image in PDF format 01/08/2014—ANNUAL REPORT View image in PDF format 06/11/2013—ANNUAL REPORT View image in PDF format 04/05/2012—ANNUAL REPORT View image in PDF format 02/28/2011—ANNUAL REPORT View image in PDF format 04/14/2010—ANNUAL REPORT View image in PDF format 03/25/2009—Reg.Agent Change View image in PDF format 01/22/2009—ANNUAL REPORT View image in PDF format 01/08/2008-ANNUAL REPORT View image in PDF format 11/11/2007—ANNUAL REPORT View image in PDF format 05/02/2007—ANNUAL REPORT View image in PDF format 04/03/2006—ANNUAL REPORT View image in PDF format 04/11/2005—ANNUAL REPORT View image in PDF format 04/30/2004—ANNUAL REPORT View image in PDF format 04/14/2003—ANNUAL REPORT View image in PDF format 05/29/2002—ANNUAL REPORT View image in PDF format 04/17/2001—ANNUAL REPORT View image in PDF format 05/02/2000—ANNUAL REPORT View image in PDF format 03/22/1999—ANNUAL REPORT View image in PDF format 01/15/1998-ANNUAL REPORT View image in PDF format 98/14/1997—ANNUAL REPORT View image in PDF format 03/27/1997—ANNUAL REPORT View image in PDF format 05/01/1996-ANNUAL REPORT View image in PDF format 05/01/1995—ANNUAL REPORT View image in PDF format hops://search.sunbiz.org/Inquiry/CorporationSearch/SearchRes ultDetail?inquirytype=EntityN are&di rectionType=Initial&searchNameOrder-KILOWAT... 2/3 is Agreement. CITY may immediately terminate this Agreement for a breach of this subparagraph. (b) CON TRACTOR shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CON IRACTOR shall retain a copy of the affidavit for the term of this Agreement and all renewals thereafter, and in accordance with all other Sections of this Agreement. CITY may immediately terminate an Agreement for a breach of this subparagraph. (c) CITY shall terminate this Agreement if CITY has a good faith belief that CONTRACTOR is in violation of Section 448.09(1),Florida Statutes. Page 11 of 14 Doc.136720 RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 1 CORAL SPRINGS EVERYTHING UNDER THE SUN BID FORMS SUBMISSION CHECKLIST Project Name: Licensed Electrical Contractor Bid No. 23-B-013F Bidders Company Name: Kilowatt Electric Company The following forms are to be completed and returned with the bid submittal on the above-named project. Please submit one(1)original or electronic cope of the required forms. I. I Bid submission checklist 2. i Invitation to Bid—Bidder Acknowledgement(Page 1 only) 3. y Bid Form &Bidder's Certification 5. / Certified Resolution 6. J Non-Collusive Affidavit 7. fi Foreign(non-Florida)Corp. 8. i Qualifications Statement 9. 1 References 10. Insurance Certificate 1 1. 1 Proof of E-Verify Registration 12. Addenda Cover Page *Omission of any of these forms may cause your bid to be deemed non-responsive. 03/25/2009—Reg.Agent Change View image in PDF format 01/22/2009—ANNUAL REPORT View image in PDF format 01/08/2008-ANNUAL REPORT View image in PDF format 11/11/2007—ANNUAL REPORT View image in PDF format 05/02/2007—ANNUAL REPORT View image in PDF format 04/03/2006—ANNUAL REPORT View image in PDF format 04/11/2005—ANNUAL REPORT View image in PDF format 04/30/2004—ANNUAL REPORT View image in PDF format 04/14/2003—ANNUAL REPORT View image in PDF format 05/29/2002—ANNUAL REPORT View image in PDF format 04/17/2001—ANNUAL REPORT View image in PDF format 05/02/2000—ANNUAL REPORT View image in PDF format 03/22/1999—ANNUAL REPORT View image in PDF format 01/15/1998-ANNUAL REPORT View image in PDF format 98/14/1997—ANNUAL REPORT View image in PDF format 03/27/1997—ANNUAL REPORT View image in PDF format 05/01/1996-ANNUAL REPORT View image in PDF format 05/01/1995—ANNUAL REPORT View image in PDF format hops://search.sunbiz.org/Inquiry/CorporationSearch/SearchRes ultDetail?inquirytype=EntityN are&di rectionType=Initial&searchNameOrder-KILOWAT... 2/3 is Agreement. CITY may immediately terminate this Agreement for a breach of this subparagraph. (b) CON TRACTOR shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CON IRACTOR shall retain a copy of the affidavit for the term of this Agreement and all renewals thereafter, and in accordance with all other Sections of this Agreement. CITY may immediately terminate an Agreement for a breach of this subparagraph. (c) CITY shall terminate this Agreement if CITY has a good faith belief that CONTRACTOR is in violation of Section 448.09(1),Florida Statutes. Page 11 of 14 Doc.136720 RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 CORAL SPRINGS EVERYTHING UNDER THE SUN DATE: October 25.2022 BID NUMBER: 23-B-013F 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 Manager, City Hall, 9500 West Sample Road, Coral Springs, Florida 33065, for: LICENSED ELECTRICAL CONTRACTOR Sealed Bids must be received and time stamped by the Purchasing Division Office, electronically, by mail, or hand delivery, no later than 2:00 p.m. local time on Wednesday, November 16. 2022. A public opening will take place at or before 2:15 p.m. in the Everglades Room located on the IS floor in City Hall on the same date. Any bids received after 2:00 p.m. local time on said date will not be accepted under any circumstances. The Bidder is responsible to ensure that the electronic files were properly received,any uncertainty regarding the time a bid is received will be resolved against the Bidder. Electronic Bid Submittals will be accepted through www.DemandStar.com or emailed to bids@coralsprinUs.eov. Physically delivered Bid Submittal will also be accepted. Any questions you may have regarding this project can be sent via email to mmachucancoralshrines.eov. The last day to submit questions will be Monday. November 7, 2022 by 5:O0p.m. Questions received after the stated date and time will not be addressed. 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. Miguel Machuca Assistant Purchasing Manager rmat 98/14/1997—ANNUAL REPORT View image in PDF format 03/27/1997—ANNUAL REPORT View image in PDF format 05/01/1996-ANNUAL REPORT View image in PDF format 05/01/1995—ANNUAL REPORT View image in PDF format hops://search.sunbiz.org/Inquiry/CorporationSearch/SearchRes ultDetail?inquirytype=EntityN are&di rectionType=Initial&searchNameOrder-KILOWAT... 2/3 is Agreement. CITY may immediately terminate this Agreement for a breach of this subparagraph. (b) CON TRACTOR shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CON IRACTOR shall retain a copy of the affidavit for the term of this Agreement and all renewals thereafter, and in accordance with all other Sections of this Agreement. CITY may immediately terminate an Agreement for a breach of this subparagraph. (c) CITY shall terminate this Agreement if CITY has a good faith belief that CONTRACTOR is in violation of Section 448.09(1),Florida Statutes. Page 11 of 14 Doc.136720 RECORDS AT THE CITY OF CORAL SPRINGS, GEORGIA ELLIOTT, Page 8 of 14 Doc.136720 .136720 ance herein described and the same has been approved. Page 5 of 14 Doc.136720 s with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in business Page 3 of 14 Doc.136720 CITY OF CORAL SPRINGS,FLORIDA INVITATION TO BID SUBMIT BID TO: PURCHASING DIVISION BIDDER ACKNOWLEDGMENT CORAL SPRINGS CITY HALL 9500 WEST SAMPLE ROAD CORAL SPRINGS, FLORIDA 33065 - GENERAL CONDITIONS - THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES 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 654406974 I certify that with all Bid sheets in a sealed envelope. The face of the this Bid acknowledgement is made without prior envelope shall contain the above address,the date and time of understanding, agreement or connection with any Bid opening and Bid number. Bids not submitted on attached corporation, firm or person submitting a Bid for the same Bid Form may be rejected. All Bids are subjected to the commodities/services, and is in all respects fair and without conditions specified herein. Those which do not comply with collusion or fraud. I agree to abide by all conditions of this Bid these conditions are subject to rejection. and certify that I am authorized to sign this Bid for the Bidder. By signature on this form,Bidder acknowledges and accepts BID TITLE:LICENSED ELECTRICAL CONTRACTOR without limitation,pages 1 through 5 inclusive of the Invitation to Bid as well as any special instructions if applicable. BID NO.: 23-B-013F INSTRUCTIONS TO BIDDERS: BIDS WILL BE OPENED 2:00 P.M.(EST),November 16,2022 and may not be withdrawn during the 90 calendar days 1. DEFINED TERMS following such date and time. 1.1 Terms used in these Instructions to Bidders are PURCHASING AGENT(NAME&TELEPHONE NO.:) defined and have the meanings assigned to them. The term "Bidder" means one who submits a Bid directly to CITY, as distinct from a sub-bidder who Miguel Machuca 954-344-1101 submits a Bid to the Bidder. The term "Successful Bidder" means the most responsible and responsive ....***** ******************.********,**************** Bidder to whom CITY (on the basis of CITY'S **************** **** evaluation as hereinafter provided)makes an award. The term"CITY"refers to the CITY of Coral Springs, Kilowatt Electric a municipal corporation of the State of Florida. The CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 NON-COLLUSIVE AFFIDAVIT State of FLORIDA ) )ss. County ofBROWAR ) EDWARD FLACK being first duly sworn,deposes and says that: (1) He/she is the OWNER ,(Owner,Partner, Officer,Representative or Agent)of KILOWATT ELECTRIC COMPANY 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,firm,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 CENSED ELECTRICAL CONTRACTOR without limitation,pages 1 through 5 inclusive of the Invitation to Bid as well as any special instructions if applicable. BID NO.: 23-B-013F INSTRUCTIONS TO BIDDERS: BIDS WILL BE OPENED 2:00 P.M.(EST),November 16,2022 and may not be withdrawn during the 90 calendar days 1. DEFINED TERMS following such date and time. 1.1 Terms used in these Instructions to Bidders are PURCHASING AGENT(NAME&TELEPHONE NO.:) defined and have the meanings assigned to them. The term "Bidder" means one who submits a Bid directly to CITY, as distinct from a sub-bidder who Miguel Machuca 954-344-1101 submits a Bid to the Bidder. The term "Successful Bidder" means the most responsible and responsive ....***** ******************.********,**************** Bidder to whom CITY (on the basis of CITY'S **************** **** evaluation as hereinafter provided)makes an award. The term"CITY"refers to the CITY of Coral Springs, Kilowatt Electric a municipal corporation of the State of Florida. The CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 Signed, sealed and delivered in the prese Shaine By: ; Diane Garlinghouse 1/1 ' EDWARD FLACK —' (Printed Name) PRESIDENT (Title) ACKNOWLEDGEMENT State of Florida County of Broward The foregoing instrument was acknowledged before me this 15th day of Nownnber Y022 202_, by Edward D Flack ,who is personally known to me or who has produced as identification and who did(did not)take an oath. W TNESS my hand and official seal A - UB ; C +i . ALYXANDRADEMYER t.. . �` MY COMMISSIOt4$HH Mill 7 .,7,1 EXPIRES:January 21,2023 AffehtV Bonded ThN Notary Pubic Undenniets NC6. c--e. (Name of Notary Public: Print, ` Stamp, or Type as Commissioned.) Page 2 of 2 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. Maintaining bank accounts. 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 1\S 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. (i) Transacting business in interstate commerce. (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. (l) 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 ofa general partner. (m) 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: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 CERTIFIED RESOLUTION I, EDWARD D FLACK (Name),the duly elected Secretary of PRESIDENT (Corporate Title),a corporation*organized and existing under the laws of the State of FLORIDA 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 EDWARD D FLACK (Name)" The duly elected_ PRESIDENT (Title of Officer)of KILOWATT ELECTRIC COMPANY (Corporate Title)be and is hereby authorized to execute and submit a Bid and Bid Bond,if such bond is required,to the City of Coral Springs and such other instruments in writing as may be 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 e persons authorized to act by the foregoing resolution. NAME TITLE S U R EDWARD FLACK PRESIDENT SHAINA FLACK SECRETARY Given under my hand and the Seal of the said corporation this 15th y-- ay of November 2022 202_. / (SEAL) By: ary 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. *The Term Corporation shall include Corporation, Company, or Partnership Page 1 of 1 ion 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: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 CORAL SPRINGS EVERYTHING UNDER THE SUN ^^ BID FORM FOR LICENSED ELECTRICAL CONTRACTOR BID NO.23-B-013F SUBMITTED TO: City of Coral Springs 9500 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) and within the time indicated in this Bid,and in accordance with the terms and conditions of the Bid Documents. 2. 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,including without limitation those pertaining to the disposition of Bid Security. 3. Bidder has examined the site of the project and has become fully informed concerning the local conditions,and nature and extent of work. Bidder has examined the indemnification and liquidated damages provisions,if any, and the bond 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 Manager 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 Manager 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: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 OPTIONS: Fill out this section of the bid only if applicable to your company Does your firm have a bucket truck available for project use?(Yes or No) YES What is the size of Bucket Truck? 38 - 60 Cost for Bucket Truck use with Operator? $55.00/HR 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. The undersigned Bidder will extend the same prices,terms and conditions to other governments located in Broward,Miami-Dade,and Palm Beach County during the period covered by this contract and any extensions,if required. x Yes No 8. 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 9. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW THE INSURANCE COVERAGE REQUIREMENTS CONTAINED IN THE INSTRUCTIONS TO BIDDERS PRIOR TO SUBMITTING YOUR BID TO ENSURE COMPLIANCE WITH ALL INSURANCE REQUIREMENTS. 10. The CITY reserves the right to award this contract on the basis of any combination of the above items,or all items,in which the CITY deems in its best interests. 11. Communications concerning this Bid shall be addressed to: Name: EDWARD FLACK Address: 1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Email: EDDIE FLACK@KILOWATT-ELECTRIC.COM Telephone No.: 954-975-8200 Fax No.: 954-975-9946 Page 2 of 5 on for the work described as follows: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) Partnership,Joint Venture,Estate or Trust (II) Sole Proprietorship or Self-Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above,your firm will be considered a corporation and subject to all requirements listed herein. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 12. The following documents are attached to and made as a condition to this Bid: (a) Bidder Acknowledgement(Page 1 only) (b) Bid Form and Bidder's Certification (c) Certified resolution(corporation,partnerships) (d) Non-collusive affidavit (e) Bidder's Foreign(Non-Florida)corporate statement (f) Bidder's qualification statement (g) References (h) Certificate(s) of insurance (i) Proof of E-Verify Registration (j) Addenda Cover Page Page 3 of 5 A - UB ; C +i . ALYXANDRADEMYER t.. . �` MY COMMISSIOt4$HH Mill 7 .,7,1 EXPIRES:January 21,2023 AffehtV Bonded ThN Notary Pubic Undenniets NC6. c--e. (Name of Notary Public: Print, ` Stamp, or Type as Commissioned.) Page 2 of 2 BIDDER'S CERTIFICATION WHEN BIDDER IS A CORPORATION,PARTNERSHIP OR FIRM In witness whereof,the Bidder hascuted this Bid Form this 15th r day f November 202 2 . ®_ Shaina Witne Sign u of Owner KILOWATT ELECTRIC COMPANY Printed Name of Corporation, Partnership, Firm Diane Garlinghous ! EDWARD FLACK Witness ((( Printed Name of Owner 1700 NW 22ND AVE Business Address POMPANO BEACH,FL 33069 City/State/Zip 954 ) 975-8200 Business Phone Number ACKNOWLEDGEMENT State of Florioda County of Broward The foregoing instrument was acknowledged before me this 15th day of November 202 by Edward D Flack (Name), President (Title)of_ Kilowatt Electric Company (Name of Company)who is personally knov in to me or who has produced as identification and who did(did not)take an oath. WITNESS my hand and official seal. f} t _ ALYXANDRADE MYER NC ARV PUBIC •t; ,s MY COMMISSION#HH098714 I; EXPIRES:January 21,2023 ,/ n 'p n°�'' Banded TMu Notary Public Underwr1ara (Name of Notary Public: Print, Stamp, or type as Commissioned) Page 5 of 5 addressed to: Name: EDWARD FLACK Address: 1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Email: EDDIE FLACK@KILOWATT-ELECTRIC.COM Telephone No.: 954-975-8200 Fax No.: 954-975-9946 Page 2 of 5 on for the work described as follows: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 CORAL SPRINGS EVERYTHING UNDER THE SUN QUALIFICATION 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 Manager ADDRESS: City Hall 9500 West Sample Road Coral Springs,Florida 33065 SELECT ONE SUBMITTED BY: EDWARD FLACK Corporation KILOWATT ELECTRIC COMPANY Partnership NAME Individual ADDRESS: 1700 NW 22ND AVE Other POMPANO BEACH, FL 33069 TELEPHONE NO.954-975-8200 FAX NO.954-975-9946 E-MAIL ADDRESS:EDDIE_FLACK@KILOWATT-ELECTRIC.COM 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:KILOWATT ELECTRIC COMPANY The address of the principal place of business is: 700 NW 22ND AVE POMPANO BEACH,FL 33069 Page 1 of 4 ALYXANDRADE MYER NC ARV PUBIC •t; ,s MY COMMISSION#HH098714 I; EXPIRES:January 21,2023 ,/ n 'p n°�'' Banded TMu Notary Public Underwr1ara (Name of Notary Public: Print, Stamp, or type as Commissioned) Page 5 of 5 addressed to: Name: EDWARD FLACK Address: 1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Email: EDDIE FLACK@KILOWATT-ELECTRIC.COM Telephone No.: 954-975-8200 Fax No.: 954-975-9946 Page 2 of 5 on for the work described as follows: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 2. If Bidder is a corporation, answer the following: a. Date of Incorporation:MARCH 25,1993 b. State of Incorporation:FLORIDA c. President's name:EDWARD FLACK d. Vice President's name:EDWARD FLACK e. Secretary's name:SHAINA FLACK f. Treasurer's name:NA g. Name and address of Resident Agent: EDWARD FLACK 18604 MACH ONE DR PORT ST LUCIE,FL 34987 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? 29 Years a. Under what other former names has your organization operated? NA Page 2 of 4 I; EXPIRES:January 21,2023 ,/ n 'p n°�'' Banded TMu Notary Public Underwr1ara (Name of Notary Public: Print, Stamp, or type as Commissioned) Page 5 of 5 addressed to: Name: EDWARD FLACK Address: 1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Email: EDDIE FLACK@KILOWATT-ELECTRIC.COM Telephone No.: 954-975-8200 Fax No.: 954-975-9946 Page 2 of 5 on for the work described as follows: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 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. EC13001961 8. Have you personally inspected the site of the proposed work? m Y (N) 9. Do you have a complete set of documents, including drawings and addenda? (Y) Y (N) 10. Did you attend the Pre-Bid Conference if any such conference was held? m (N) X 11. Have you ever, failed to complete any work awarded to you? If so,state when,where and why? NO 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. NO 13. Lawsuits involving the entity submitting the response(Corporation,Partnership,LLC,or any other form of legal entity)or individuals with more than l 0%of interest in the entity. a. List all pending lawsuits: NA b. List all lawsuits which have been completed within the past five(5)years: NA Page 3 of 4 'p n°�'' Banded TMu Notary Public Underwr1ara (Name of Notary Public: Print, Stamp, or type as Commissioned) Page 5 of 5 addressed to: Name: EDWARD FLACK Address: 1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Email: EDDIE FLACK@KILOWATT-ELECTRIC.COM Telephone No.: 954-975-8200 Fax No.: 954-975-9946 Page 2 of 5 on for the work described as follows: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CON IIRACT 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 TH cON T SHALL CAUSE THE OWNER TO REJECT THE BID, AND IF T . T WARD-TO CANCEL AND TERMINATE THE AWARD AND/ ' T. Sig ature State of Florida County of Broward The foregoing instrument was acknowledged before me this 15tn day of November 2022 202a by Edward D Flack of Kilowatt Electric 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. N RY P LIC ` T 2' if ALYXANDRADE MYER ,+ ',,: MY COMMISSION#HH 098714 EXPIRES:January 21,2023 r j $r o P�.2.Bonded Thru Notary Public Underwriters , (Nance ofNotary Public: Print,Stamp, or type as Commissioned) Page 4 of 4 past five(5)years: NA Page 3 of 4 'p n°�'' Banded TMu Notary Public Underwr1ara (Name of Notary Public: Print, Stamp, or type as Commissioned) Page 5 of 5 addressed to: Name: EDWARD FLACK Address: 1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Email: EDDIE FLACK@KILOWATT-ELECTRIC.COM Telephone No.: 954-975-8200 Fax No.: 954-975-9946 Page 2 of 5 on for the work described as follows: LICENSED ELECTRICAL CONTRACTOR 6. Bidder will complete the work for the following price(s): Item Estimated Description Unit Cost Extended Quantity Cost State registered or Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 CORAL SPRINGS EVERYTHING UNDER THE SUN REFERENCES In order to receive Bid Award consideration on the proposed bid,this"References sheet"must be completed and returned with your bid. This information may be used in determining the Bid Award for this contract. Bidder(company name):KILOWATT ELECTRIC COMPANY Address:1700 NW 22ND AVE Telephone No: ( 954 )975-8200 Fax No.: ( 954)975-9946 Contact person:EDWARD FLACK Title: PRESIDENT Number of years in business:29 Years E-mail Address: EDDIE_FLACK@KILOWATT-ELECTRIC.COM Address of nearest facility:1700 NW 22ND AVE,POMPANO BEACH,FL 33069 Provide five(5)companies or governmental agencies where these services have been provided to in the last year. 1. Company Name:SILVER SPRINGS NETWORKS Address:555 BROADWAY STREET,REDWOOD CITY,CA Contact Person:DOUG IMBERMAN Title:PROJECT LEAD Telephone No4650)839-4000X50202 Email: Scope of Work: Project Dates(Month&Year):MARCH 2008-CURRENT Contract Amount:$ Change Orders(Y/N) 2. Company Name:BLUESTREAM COMMUNICATIONS Address:12409 NW 35TH STREET,CORAL SPRINGS,FL 33065 Contact Person:SKIP BUCK Title: Telephone No:(772)216-7486 Email: sbuck@bluestreamfiber.com Scope of Work:INSTALL CABLE PEDASTALS Project Dates(Month&Year): Contract Amount:$ Change Orders(Y/N) 3. Company Name:TEP DESIGN BUILD Address: 326 TRYON RD,RALEIGH,NC 27603 Contact Person:JASON RUDD Title:PROJECT MANAGER Telephone No:((772)501-2096 Email: JDRUDD@TEPGROUP.NET Scope of Work:INSTALL SMALL CELL NODES FOR VERIZON Project Dates(Month&Year):2020-CURRENT Contract Amount: $ Change Orders(Y/N) Page 1 of 2 Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 4. Company Name:CITY OF CORAL SPRINGS Address:9551 SAMPLE ROAD,CORAL SPRINGS,FL Contact Person:FRANK GROSS Title: Telephone No:( ) Email: FGROSS@CORALSPRINGS.GOV Scope of Work:LICENSED ELECTRICAL CONTRACTOR Project Dates(Month&Year): 1999-CURRENT Contract Amount: $ Change Orders(Y/N) 5. Company Name:CITY OF OAKLAND PARK Address:5100 NE 12TH TERRACE,OAKLAND PARK,FL 33334 Contact Person:DONTE WILLIAMS Title:STREETS FOREMAN Telephone No:(954)589-9470 Email: DONTEW@OAKLANDPARKFL.GOV Scope of Work:LICENSED ELECTRICAL CONTRACTOR Project Dates(Month&Year): Contract Amount: $ Change Orders(Y/N) 6. Company Name: Address: Contact Person: Title: Telephone Novi ) Email: Scope of Work: Project Dates(Month&Year): Contract Amount: $ Change Orders(Y/N) 7. Company Name: Address: Contact Person: Title: Telephone No:( ) Email: Scope of Work: Project Dates(Month&Year): Contract Amount: $ Change Orders(Y/N) 8. Company Name: (772)216-7486 Address: Contact Person: Title: Telephone No:( ) Email: Scope of Work: Project Dates(Month &Year): Contract Amount: $ Change Orders(Y/N) Page 2 of 2 Change Orders(Y/N) 3. Company Name:TEP DESIGN BUILD Address: 326 TRYON RD,RALEIGH,NC 27603 Contact Person:JASON RUDD Title:PROJECT MANAGER Telephone No:((772)501-2096 Email: JDRUDD@TEPGROUP.NET Scope of Work:INSTALL SMALL CELL NODES FOR VERIZON Project Dates(Month&Year):2020-CURRENT Contract Amount: $ Change Orders(Y/N) Page 1 of 2 Broward County Licensed Electrical 1 2,000 hours Contractor 8:00 a.m. thru 5:00 p.m. Monday thru $42 $84,000 Friday (excluding City holidays) State registered or Broward County Licensed Electrical 2 40 hours Contractor. All times other than those listed on item $63.00 $2,520 #1. Contractor's cost of materials and equipment rental(if 3 $10,000 required) multiplied by mark-up for profit,overhead, X 1.29 = $12,900 etc. (Ex. $10,000 x 1.2=$12,000) Grand Total for Items 1 thru 3 $99,420 Page 1 of 5 nder any law of this state. Please check one of the following if your firm is NOT a corporation: (I) 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. NA BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER CORRECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 , 16..... i i t •ze ro •. I 73 6 +3 I, a cu E g D p 1 0 V ; cn I— w < ce 4..a c`o. gg 0 ° Lij V M ;to t < n 4) 2 0 Z L1-1 1-. Z Cs/ v. • tn vi ,..,,0 c) u. tr) ...,--.00 >- 0: E E , 'Cni" Zv) i= O. Ce ,O.•'::.: :, .'14.1 <,.. :0 0% vi 4) 4&.. --. W W T1 >1 ,.. • r% -0.,.,.: icl vf CO •Y• >. ty O IL, 0 U f••••et'' 8 ' . ..c ...• 971,: •' ..,,,-, co m 4j rx- 0 —J rni. Ln - 'CI 4' ; L1-1;1*. .0 cu O Cen. •(-1)* `..Z 1-1-. . . r.ri -a <,• ' "" t..) 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CI - C11 a. - RECT E OF BIDDER: term"Bid Documents"includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non-Collusive Affidavit, Certificate(s) of (SIGN RE OF BIDDER'S AUTHORIZED AGENT) Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid TITLE: President Security, if required, and the proposed Contract Documents, if any, including all Addenda issued TYPED/PRINTED NAME OF prior to receipt of Bids. AUTHORIZED AGENT: Edward Flack 2. COPIES OF BIDDING DOCUMENTS ADDRESS: 1700 NW 22ND AVE Pompano Beach.FL 3309 2.1 Complete sets of Bid Documents must be used in preparing Bids. CITY does not assume any PHONE NO:(954 ) 9753200 responsibility for errors or misinterpretations FEDERAL ID NUMBER OR SOCIAL resulting from the use of incomplete sets of Bid SECURITY NUMBER OF BIDDER: 65-0406974 Documents. CITY, in making copies of Bid Documents available does so only for the purpose of Page 1 of 5 1 �....,14 KILOELE-03 MCFADDENT A�R�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDVYYYY) 11/11/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAE: coM�TACT Tanesha McFadden Insurance Office of America PHONE 321 257-7974 (alc,No• 1855 West State Road 434 (Am,No,EMI?:(321) )- Longwood,FL 32750 Miss,Tanesha.McFaddeneioausa.com INSURERS)AFFORDING COVERAGE NAIC S INSURER A:Continental Insurance Company 35289 INSURED INSURER a:LUBA Casualty Insurance Company 12472 Kilowatt Electric Company INSURER°: 1700 Northwest 22nd Avenue INSURER D: Pompano Beach,FL 33069 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP UNITS LTR TYPE OF INSURANCE IN V WWI POLICY NUMBER IMIbDDreern JNIWDDJYYYYI A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE S 1,000,000 j CLAIMS-MADE X OCCUR 7033814180 6/2/2022 6/2/2023 PRREEMIGSEs�Ee NTEDenre) $ 100,000 MED EXP Any one person) S 15,000 I PERSONAL&ADV INJURY 5 1,000,000 GENT_AGGREGATE LIMIT�APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X I PELT LOC 1 ,PRODUCTS-COMPIOP AGG S 2,000,000 OTHER: 71 $ •A AUTOMOBILE LIABILITY 1 E tCEOOMBlNdeeD SINGLE LIMITect $ 1,000,000 j X ANY AUTO 7033803292 6/2/2022 6/212023 BODILY INJURY tPer person) $ _ SCHEDULED S AUTOS ONLY AOS BODILY INJURY IPer accident) $ s AUTOS ONLY �-AUTO ONLDV (PROPS deennt)AMAGE $ $ . _ 5,000,000 A X UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LWB L CLAIMS MADE 7033814440 1 6/2/2022 6/212023 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 S B WORKERS COMPENSATION T X S AiUTE I j ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WC307-0123529-2022A 1211/2022 12/1/2023 1,000,000 E.L.EACH ACCIDENT $ OFFICERIMEMB��EXCLUDED? NIA 1,000,000 (Myyaeenssdatory In NH) EL.DISEASE-EA EMPLOYEE$ DESCRIP ON ul:t''F OPERATIONS below 1,000,000 ' EL DISEASE-POLICY LIMIT $ A Equipment Floater 7033814180 6/2/2022 1612/2023 Scheduled w/2500 DED 210,031 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space le required) CERTIFICATE HOLDER CANCELLATION B I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Coral Springs, 9500 West Sample Road / M'rL 0 fl" , ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD An official website of the United States government Here's how you know - - Menu `o ponu Account fly Company Profile Company Information Company Name Kilowatt Electric Company Doing Business As(DBA) Name Kilowatt Electric Company Company ID 2020167 Enrollment Date Nov11, 2022 Employer Identification Number(EIN) 650406974 Unique Entity Identifier(UEI) DUNS Number Total Number of Employees 20 to 99 NAICS Code ion (j) Addenda Cover Page Page 3 of 5 A - UB ; C +i . ALYXANDRADEMYER t.. . �` MY COMMISSIOt4$HH Mill 7 .,7,1 EXPIRES:January 21,2023 AffehtV Bonded ThN Notary Pubic Undenniets NC6. c--e. (Name of Notary Public: Print, ` Stamp, or Type as Commissioned.) Page 2 of 2 Agreement with Kilowatt Electric Company Final Audit Report 2022-12-28 Created: 2022-12-28 By: Miguel Machuca(mmachuca@coralsprings.org) Status: Signed Transaction ID: CBJCHBCAABAAQS0ityL3wviMKgvwx5hkAJTmHxL0nNbr "Agreement with Kilowatt Electric Company" History in Document created by Miguel Machuca(mmachuca@coralsprings.org) 2022-12-28-8:00:23 PM GMT-IP address:24.233.167.201 E Document emailed to edward flack(eddie_flack@kilowatt-electric.com)for signature 2022-12-28-8.01:40 PM GMT t Email viewed by edward flack(eddie_flack@kilowatt-electric.com) 2022-12-28-8:05:20 PM GMT-IP address:174.205.99.200 Lio Document e-signed by edward flack(eddie_flack@kilowatt-electric.com) Signature Date:2022-12-28-9.44:47 PM GMT-Time Source:server-IP address:69.162.16.16 f Document emailed to cgomez@coralsprings.gov for signature 2022-12-28-9:44:50 PM GMT t Email viewed by cgomez@coralsprings.gov 2022-12-28-11:41-37 PM GMT-IP address:174.211.170.114 Lip Signer cgomez@coralsprings.gov entered name at signing as Christina Gomez 2022-12-28-11:42:21 PM GMT-IP address:174.211.170.114 it Document e-signed by Christina Gomez(cgomez@coralsprings.gov) Signature Date:2022-12-28-11:42:23 PM GMT-Time Source:server-IP address:174.211.170.114 O Agreement completed. 2022-12-28-11:42:23 PM GMT Powered by Adobe CORAL SPRINGS Acrobat Sign Pompano Beach,FL 33069 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP UNITS LTR TYPE OF INSURANCE IN V WWI POLICY NUMBER IMIbDDreern JNIWDDJYYYYI A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE S 1,000,000 j CLAIMS-MADE X OCCUR 7033814180 6/2/2022 6/2/2023 PRREEMIGSEs�Ee NTEDenre) $ 100,000 MED EXP Any one person) S 15,000 I PERSONAL&ADV INJURY 5 1,000,000 GENT_AGGREGATE LIMIT�APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X I PELT LOC 1 ,PRODUCTS-COMPIOP AGG S 2,000,000 OTHER: 71 $ •A AUTOMOBILE LIABILITY 1 E tCEOOMBlNdeeD SINGLE LIMITect $ 1,000,000 j X ANY AUTO 7033803292 6/2/2022 6/212023 BODILY INJURY tPer person) $ _ SCHEDULED S AUTOS ONLY AOS BODILY INJURY IPer accident) $ s AUTOS ONLY �-AUTO ONLDV (PROPS deennt)AMAGE $ $ . _ 5,000,000 A X UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LWB L CLAIMS MADE 7033814440 1 6/2/2022 6/212023 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 S B WORKERS COMPENSATION T X S AiUTE I j ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WC307-0123529-2022A 1211/2022 12/1/2023 1,000,000 E.L.EACH ACCIDENT $ OFFICERIMEMB��EXCLUDED? NIA 1,000,000 (Myyaeenssdatory In NH) EL.DISEASE-EA EMPLOYEE$ DESCRIP ON ul:t''F OPERATIONS below 1,000,000 ' EL DISEASE-POLICY LIMIT $ A Equipment Floater 7033814180 6/2/2022 1612/2023 Scheduled w/2500 DED 210,031 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space le required) CERTIFICATE HOLDER CANCELLATION B I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Coral Springs, 9500 West Sample Road / M'rL 0 fl" , ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND KILOWATT ELECTRIC COMPANY TO PROVIDE ELECTRICAL SERVICES UNDER THE CITY OF CORAL SPRINGS BID NO. 23-B-013F. This is an Agreement("Agreement") dated , 2023, 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 ("Contractor"), a Florida corporation, with its principal mailing address of 1700 NW 22 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 City of Coral Springs Invitation to Bid No. 23-B-013F, which Agreement is attached as Exhibit "A", and made a part of and is 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 such purchases, then Contractor shall provide such lower rates to the City. 2. The term of this Agreement shall be effective through January 10, 2026, with the option to renew for two (2) additional three (3)year renewals. 3. Any reference to the City Clerk for Coral Springs, at section 22 of the underlying Exhibit A, shall be replaced with the City Clerk for Dania Beach, Thomas Schneider, City of Dania Beach 100 W. Dania Beach Blvd, Dania Beach, Florida 33004, tschneider(a�daniabeachfl.gov. 4. Any insurance policy required pursuant to section 10 of the Exhibit A, would name the City of Dania Beach under this piggyback. A copy of the insurance certificate shall be provided to the City of Dania Beach upon execution of this piggyback agreement. 5. Notice pursuant to Section 33, of Exhibit A, would now reflect;Notice to the City of Dania Beach,Attention City Manager, 100 West Dania Beach Blvd., Dania Beach,Florida 33004. 6. That in all other respects, the terms of Exhibit"A"apply to this Agreement. 1 PERSONAL&ADV INJURY 5 1,000,000 GENT_AGGREGATE LIMIT�APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X I PELT LOC 1 ,PRODUCTS-COMPIOP AGG S 2,000,000 OTHER: 71 $ •A AUTOMOBILE LIABILITY 1 E tCEOOMBlNdeeD SINGLE LIMITect $ 1,000,000 j X ANY AUTO 7033803292 6/2/2022 6/212023 BODILY INJURY tPer person) $ _ SCHEDULED S AUTOS ONLY AOS BODILY INJURY IPer accident) $ s AUTOS ONLY �-AUTO ONLDV (PROPS deennt)AMAGE $ $ . _ 5,000,000 A X UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LWB L CLAIMS MADE 7033814440 1 6/2/2022 6/212023 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 S B WORKERS COMPENSATION T X S AiUTE I j ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WC307-0123529-2022A 1211/2022 12/1/2023 1,000,000 E.L.EACH ACCIDENT $ OFFICERIMEMB��EXCLUDED? NIA 1,000,000 (Myyaeenssdatory In NH) EL.DISEASE-EA EMPLOYEE$ DESCRIP ON ul:t''F OPERATIONS below 1,000,000 ' EL DISEASE-POLICY LIMIT $ A Equipment Floater 7033814180 6/2/2022 1612/2023 Scheduled w/2500 DED 210,031 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space le required) CERTIFICATE HOLDER CANCELLATION B I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Coral Springs, 9500 West Sample Road / M'rL 0 fl" , ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC ARCHIBALD J. RYAN IV, MAYOR CITY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 2 650406974 Unique Entity Identifier(UEI) DUNS Number Total Number of Employees 20 to 99 NAICS Code ion (j) Addenda Cover Page Page 3 of 5 A - UB ; C +i . ALYXANDRADEMYER t.. . �` MY COMMISSIOt4$HH Mill 7 .,7,1 EXPIRES:January 21,2023 AffehtV Bonded ThN Notary Pubic Undenniets NC6. c--e. (Name of Notary Public: Print, ` Stamp, or Type as Commissioned.) Page 2 of 2 WITNESSES: CONTRACTOR: KILOWATT ELECTRIC COMPANY a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: , 2023 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization on ,2023,by as of Kilowatt Electric Company, on behalf of the corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 3 t.. . �` MY COMMISSIOt4$HH Mill 7 .,7,1 EXPIRES:January 21,2023 AffehtV Bonded ThN Notary Pubic Undenniets NC6. c--e. (Name of Notary Public: Print, ` Stamp, or Type as Commissioned.) Page 2 of 2