HomeMy WebLinkAboutInv# 90127 - KILOWATT ELECTRIC COMPANY - 01/26/2024 (4)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:
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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
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.
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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
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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
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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.
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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.
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s with Activities in the Iran Petroleum Energy Sector List, created pursuant to
Section 215.473, Florida
Statutes, as
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.
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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
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.
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herein described and the same has been approved.Page 5 of 14 Doc.
136720 s with Activities
in the
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,
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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 of14
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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.
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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, createdpursuant
to Section 215.473, Florida Statutes, as amended, or is engaged in business
Page 3 of 14
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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.
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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 describedand
the same has been approved.Page 5 of 14 Doc.136720 s with
Activities in the Iran
Petroleum Energy
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.136720RECORDS
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, FloridaStatutes,
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 beenapproved.
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_,_Arrro 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
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 ofthis
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 THECITY
OF CORAL SPRINGS, GEORGIA ELLIOTT,Page 8 of 14 Doc.136720 136720 ance
herein described and the
same has
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
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 BidSubmittalwillalsobeaccepted.
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 othersuchactionsthatmaybedeemedtobeinthebestinterestsoftheCITY.
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 EnergySector
List, created pursuant to Section 215.473, Florida Statutes, as amended, or is
engaged in business Page
3 of
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 thisaffiant.
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
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 21,2023AffehtVBondedThNNotaryPubicUndenniets
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 ofthe 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 thedebts.
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 suitinthisstateunderanylawofthisstate.
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
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 thosee 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
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
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
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
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 PartnershipNAMEIndividual
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. 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
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
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'ifALYXANDRADEMYER
MY COMMISSION#HH 098714
EXPIRES:January 21,2023
r j
r
oP.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
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 2BrowardCountyLicensed
Electrical 1
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)StateregisteredorBroward
County Licensed
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44.1...- .CI - C11a. -
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:coMTACT 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 LIMITect1,000,000
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 $
5,000,000AXUMBRELLAUABOCCUREACHOCCURRENCE $
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 SAiUTE 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
BI
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
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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
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CORAL SPRINGS Acrobat Sign
Pompano Beach,FL 33069 INSURERS:INSURER
F:COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFYTHATTHEPOLICIES
OF INSURANCE
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 AUTOMOBILELIABILITY1EtCEOOMBlNdeeDSINGLELIMITect1,
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 -AUTOONLDV 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 Ij 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 '
ELDISEASE-
POLICY LIMIT $A Equipment Floater 7033814180 6/2/2022 1612/
2023 Scheduled w/2500 DED 210,031 I DESCRIPTION
OF OPERATIONS I LOCATIONS I
VEHICLES(ACORD
101,Additional Remarks Schedule,may be attached If more space le
required)
CERTIFICATE HOLDER CANCELLATION B I SHOULD ANY OF THE ABOVE DESCRIBED
POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and
year first written above.
CITY OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
THOMAS SCHNEIDER, CMC ARCHIBALD J. RYAN IV, MAYOR
CITY CLERK
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM
CITY MANAGER
2
650406974 Unique Entity Identifier(UEI)DUNS
Number Total Number of Employees 20 to 99
NAICS Code ion j) Addenda Cover Page Page 3 of
5 A -UB ; C i . ALYXANDRADEMYER t..MY COMMISSIOt4$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