Res No 163-96-9917RESOLUTION NO. 163 -96 -9917
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH FLORIDA ELECTRIC SERVICES
COMPANY, INC., FOR ELECTRICAL WORK (SPORTS FIELD
LIGHTING) SERVICES FOR THE CITY'S PARKS AND RECREATION
DEPARTMENT FOR AN AMOUNT NOT TO EXCEED FOUR THOUSAND FIVE
HUNDRED ($4,500) DOLLARS FROM ACCOUNT # 2000 -4620,
"MAINTENANCE & REPAIR - OPERATING EQUIPMENT ".
WHEREAS, Article III, Section 5H of the City Charter, requires
bids be obtained for purchases of items over $1,000.00; and
WHEREAS, the City of South Miami Parks and Recreation
Department is responsible for maintaining the Sports Field Lighting
at our City Parks, and requires the services of a company qualified
to do this work for an amount not to exceed Four Thousand Five
Hundred ($4,500) Dollars; and
WHEREAS, the City of South Miami Parks & Recreation
Department obtained bid prices from the Request for Proposals used
by the City of Coral Springs to meet this Charter requirement, as
set forth in the attached bid information; and
WHEREAS, funding for this project has been identified in
account number 2000 -4620 - "Maintenance & Repair - Operating
Equipment ",
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission of the City
of South Miami does hereby authorize the City Manager to execute a
contract with Florida Electric Services Company, Inc., in an amount
not to exceed Four Thousand Five Hundred ($4,500) Dollars.
Section 2. The disbursement for the service rendered by
Florida Electric Services Company, Inc., is charged to the Parks &
Recreation Department account number 2000 -4620, "Maintenance &
Repair - Operating Equipment ".
Section 3. This resolution shall take effect immediately
upon approval.
Page 2 of Res, #163-96-9917
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE: 5-'0
A;\RES0l,UTl0N.F'L.ELECTRJC SERVICES96
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FINANCIAL MANAGEMENT DEPARTMENT
CITY OF COWL 9PR11VGS FLORIDA
January 21, 1996
FEa2G1996
T-r:-�l_T U
-- - - - - - - - - - - - - - -------- - - -
- --
Mr. Steven L. Siems, Director
Florida Electric Service Company, Inc.
1491 Southwest 21st Avenue
Fort Lauderdale, Florida 33312
Dear Mr. Siems:
PURCHASING DIVISION
9551 WEST SAMPLE ROAD
CORAL SPRINGS, FL 33065
TELEPHONE (954) 344 -1100
FAX (954) 344 -1186
We are pleased to announce that the Coral Springs City Commission,
at their meeting of February 20th, 1996, awarded RFP #96 -C -045,
Electrical Contractor - Sports Field Lighting, to Florida Electric
Service Company, Inc., whose proposal was determined to be in the
best interests of the City. The term of this contract is for a
period of two (2) years with options to renew for two (2)
additional two (2) year periods for a cumulative total of six (6)
years. The commencement of this contract is set to begin March
16th, 1996.
As outlined in the RFP specifications, please have your insurance
agent submit the required insurance certificates, with required
limits, during the full period of this contract.
Should you have any questions in this regard, please feel free to
contact Purchasing Agent Art Resnik, (305) 344 -1101, or myself. We
look forward to continuing our successful business relationship.
Sincerely,
Angelo Salomone
Purchasing Administrator
AS:cn
cc: R.
Engle,
Facilities
Business
Manager /Cypress
M.
McGuon,
Aquatics
Facilities
Business Manager
*..L
SERVICES AGREEMENT //
T IS AGREEMENT, made and entered into the A0 1c day of
19_ by and between:
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9551 West Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CITY ")
AND
FLORIDA ELECTRIC SERVICE CO., INC.
1491 S.W. 21st Avenue
Fort Lauderdale, Florida 33312
(hereinafter referred to as "CONTRACTOR ")
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:
1• SCOPE OF SERVICES
1.1 CONTRACTOR shall furnish all labor, equipment and supervision
necessary for any requested installation, replacement and /or repair
of sports field lighting, parking lot lighting and other general
municipal outdoor electrical systems at the hourly rate stated in
Paragraph 3 herein during the term of this Agreement.
1.2 CONTRACTOR shall furnish electrical services to CITY on an as needed
basis, no later than ten (10) calendar days from the issuance of the
original request except under emergency circumstances in which case
CONTRACTOR must respond within two (2) hours from the initial
notification by CITY of a request for services under an emergency
basis.
1.3 Requests for services pursuant to this Agreement shall be in writing
bn the form of a purchase order issued by CITY except in emergency
circumstances in which case requests may be communicated by
telephonic or other practicable means to CONTRACTOR.
1.4 Most electrical materials required for the installation, replacement
and /or repair of sports field lighting, parking lot lighting and
other general municipal outdoor electrical systems will be supplied
by the City of Coral Springs as needed. Specialty electrical
materials used on sports field lighting may be supplied and /or
fabricated by CONTRACTOR.
1.5 CONTRACTOR registration with the Florida Department of Professional
Registration and Masters Certification issued by Broward County
and /or CONTRACTOR'S State of Florida Electrical Contractor's number
is attached hereto and incorporated herein as Exhibit "A."
1.6 CONTRACTOR shall be responsible for the prompt removal of all debris
that is a result or part of all related work. All excavation or
drilling areas must be backfilled and restored to like or
surrounding landscape conditions within five (5) working days after
completion of the job.
Page 1 of 11
"AUTfIOWED BY CITY
3.
�1.
TERM OF AGREEMENT
2.1 This Agreement shall be for a
upon execution by CITY and to
unless terminated earlier pui
Agreement. CITY may, by writte
Agreement on the same terms an
one (1) year time periods for a
provided that sufficient funds
CITY'S Commission.
COMPENSATION
3.1 CITY shall
furnished
following
pay fees to
as specified
basis:
:.i
Deriod of one (1) year, commencing
rminating one (1) year thereafter
suant to the provisions of this
.agreement, extend the term of this
conditions for two (2) additional
cumulative total of three (3) years
are available and appropriated by
CONTRACTOR for the services and equipment
in Paragraph 1 and its subparts on the
3.1.1 Hourly rate for LABOR for the installation, replacement,
repair of sports field lighting, parking lot lighting, general
municipal outdoor electrical systems commencing at the time the
workers report to the contact person of the CITY'S work site through
completion of the project:
(a) Labor
$35.00 /hr
3.1.2 Hourly rates for the rental of the following EQUIPMENT
(including operators and transportation) for the installation,
replacement, repair of sports field lighting, parking lot lighting,
general municipal outdoor electrical systems:
(a) 85' bucket truck $60.00 /hr
(b) 65' bucket truck $60.00 /hr
(c) Auger with pole setter (9' digging
depth, up to 21" diameter) $55.00 /hr
(d) Auger with pole setter (25' digging
depth, up to 5' diameter $65.00 /hr
(e) Trencher with line layer $40.00 /hr
(f) Trencher (5' digging depth) with
rock chain $50.00 /hr
(g) Machine for boring under paved or
other surfaces $35.00 /hr
(h) 9 ton telescopic crane with pin -
on bucket 100' reach $75.00 /hr
(i) Gel pumping truck for pole
setting $60.00 /hr
(j) Backhoe $50.00 /hr
(k) Gel pumping trailer (required for
setting large poles) $60.00 /hr
(1) Davis 70 +4 trencher or equal $50.00 /hr
(m) Vermeer T -218 earth saw or equal $45.00 /hr
(n) General service trucks equipped
with the necessary tools to
complete work $40.00 /hr
3.1.3 Travel expenses prior to arrival on work site or after
leaving the work site will not be paid. The hourly rate will be
rounded to the nearest quarter hour for billing purposes.
3.1.4 CONTRACTOR shall provide materials upon request by CITY at
discount of twenty six percent (26 %) of CONTRACTOR'S established
retail cost for such materials.
Page 2 of 11
4.
5.
6.
3.2 The costs for labor, equipment and services shall remain fixed for
all terms of this Agreement.
3.3 CONTRACTOR'S cumulative total fee for services, equipment furnished
hereunder shall not exceed seventy five thousand and xx /100 dollars
($75,000.00). Any work done or services performed by CONTRACTOR
after said maximum amount of fees has been incurred shall be at
CONTRACTOR'S risk and CITY shall not be responsible for payment to
CONTRACTOR of any fees in excess of the amount stated in this
Paragraph.
3.4 CONTRACTOR shall submit daily work tickets for signature b
designated CITY representative. Daily work tickets shall showtan
itemized breakdown of labor and equipment.
3.5 CONTRACTOR shall submit invoices in duplicate and itemized as to
quantity, description and applicable discount (if any) to:
CITY OF CORAL SPRINGS
9551 West Sample Road
Coral Springs, Florida 33065
Invoices must clearly indicate the City
address to which the material was delivered
the correct purchase order number.
3.6 Payment shall be made by CITY within thirty
receipt of the invoice(s), provided that i
approved by the CITY and the work has been
TAXES
Of Coral Springs' name,
or services provided and
(30) calendar days after
said invoice(s) has been
accepted by CITY.
4.1 CONTRACTOR shall pay all applicable sales, consumer use and other
similar taxes required by law.
PATENTS
5.1 CONTRACTOR shall pay all license fees and royalties and assume all
costs arising out of or from the use of any invention, design,
process, product or device which is the subject of patent rights of
copyrights held by others and used in the performance of the work
which is the subject of this Agreement.
INDEMNIFICATION
6.1 GENRPA7. TTTM"I"v�.
6.2
and hold harmless the
,all I�YIIUK�ALUTCR shall its off cers,a agents and employees,
f save
all claims, damages, losses, liabilities and expenses aising out of the operations of the CONTRACTOR or his subcontractors, agents
Officers, servants, independent contractors or employees pursuant to
this Agreement, specifically including but not limited to those
caused by or arising out of (a) a defective condition in any goods
or services provided pursuant to this Agreement, whether patent or
latent; (b) any act, omission, default or negligence of the
CONTRACTOR in the provision of the services and goods under this
Agreement; (c) the breach of any warranty and /or term of this
agreement by CONTRACTOR (d) the use of improper materials or
equipment (e) the violation of federal, state, county or municipal
laws, ordinances or regulations by CONTRACTOR.
save and hold harmless,the1YCITY, its officersCagentsaandiemployees
Page 3 of 11
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.
6.3 CONTRACTOR shall pay all claims, losses, liens, fines, settlements
or judgments of any nature whatsoever in connection with the
foregoing indemnifications including, but not limited to reasonable
attorney's fees and court and arbitration costs. These
indemnifications shall survive the term of this Agreement.
6.4 CITY reserves the right to select its own legal counsel to conduct
any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of CONTRACTOR under this
indemnification 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.
7. WARRANTIES
7.1 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.
7.2 CONTRACTOR warrants that the goods, materials and workmanship
furnished will comply with the specifications supplied or adopted.
7.3 CONTRACTOR further warrants that all equipment and materials shall
be of new manufacture and of the latest stock in production
available to the commercial trade.
7.4 CONTRACTOR warrants that it has good and marketable title to any
materials and equipment delivered hereunder and that all such
materials and equipment are free from security interests, liens or
encumbrances.
7.5 CONTRACTOR warrants all material and workmanship for a minimum of
six (6) months from date of completion and acceptance by the CITY.
If within six (6) months after acceptance by the CITY, or within
such larger period of time as may be prescribed by law, any of the
work is found to be defective or not in accordance with the
Agreement, the CONTRACTOR shall, after receipt of written notice
from CITY to do so, promptly correct the work at no additional cost
to CITY or refund the fees paid by CITY which are attributable to
such portions of the defective work including the costs for
performance of the work provided by other contractors. Where
defective work and /or materials has been corrected, removed or
replaced, the warranty period with respect to such work and /or
materials shall be extended for an additional six (6) months after
such correction or removal and replacement has been completed to the
satisfaction of CITY.
7.6 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 the Agreement.
Page 4 of 11
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 the
Agreement.
CONTRACTOR warrants to CITY that the consummation of the work
provided for in this Agreement will not result in the breach of any
term or provision of or constitute a default under any indenture,
mortgage, contract or agreement to which the CONTRACTOR is a party.
No warranty either express or implied may be modified, excluded or
disclaimed in any way by CONTRACTOR. All warranties shall remain in
full force, notwithstanding acceptance and payment by CITY.
iNCE
UPON EXECUTION OF THIS AGREEMENT BY CONTRACTOR, CONTRACTOR SHALL
SUBMIT TO CITY COPIES OF ITS CERTIFICATES) OF INSURANCE EVIDENCING
THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF
CORAL SPRINGS (DEFINED TO MEAN THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, VOLUNTEERS AND REPRESENTATIVES) IS AN ADDITIONAL INSURED
OR ADDITIONAL NAMED INSURED WITH RESPECT TO THE REQUIRED COVERAGES
AND THE OPERATIONS OF CONTRACTOR UNDER THE AGREEMENT. In the event
the insurance certificate provided indicates that the insurance
shall terminate and lapse during the period of this Agreement, then
in that event, CONTRACTOR shall furnish, at least thirty (30)
calendar days prior to expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like
coverage for the balance of that period of the contract and
extension thereunder is in effect. CONTRACTOR shall not continue
to perform the services required by this Agreement unless all
required insurance remains in full force and effect.
CONTRACTOR shall procure and maintain at its own expense and keep in
effect during the full term of the Agreement a policy or policies of
insurance which must include the following coverages and minimum
limits of liability:
(a) Worker's Compensation Insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including, where
applicable, the United States Longshoremen's and Harbor Worker's
Act, the Federal Employers' Liability Act and the Jones Act.
Employer's Liability Insurance shall be provided with a minimum of
one hundred thousand and xx /100 dollars ($100,000.00) 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.
(b) 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 Combined Single Limit, per occurrence, Bodily Injury &
Property Damage
(C) Comprehensive General Liability (occurrence form) with the following
minimum limits of liability with no restrictive endorsements:
Page 5 of 11
k.
$1,000,000 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:
10 Premises and Operations.
29 Independent Contractors.
3. Product and Completed Operations Liability.
4. Broad Form Property Damage.
5. Broad Form Contractual Coverage applicable to the
Agreement and specifically insuring the
indemnification and hold harmless agreement
contained in paragraph 6 of the Agreement.
6. Explosion, Collapse, Underground Coverage (X -C -U).
8.3 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 Management
Coordinator. CITY reserves the right to require any other insurance
coverages that CITY deems necessary depending upon the risk of loss
and exposure to liability.
8.4 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.
8.5 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.
8.6 All required insurance policies shall preclude any underwriter's
rights of recovery or subrogation against CITY with the express
intention of the parties being that the required insurance coverage
protects both parties as the primary coverage for any and all losses
covered by the above described insurance.
8.7 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.
8.8 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.
809 The 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 6 of 11
9.
10.
11.
12.
v
8010 Violation of the terms of this Paragraph 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 the CONTRACTOR shall thereupon cease and terminate.
PERFORMANCE BOND
901 CITY reserves the right to require CONTRACTOR to furnish a
performance bond, written by a corporate surety having a resident
agent in the State of Florida. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the
United States as an acceptable surety on federal bonds in accordance
with United States Department of Treasury Circular No. 570. The
surety shall have at least the following minimum qualifications in
accordance with the latest edition of A.M. Best's Insurance Guides
Financial Stability: A
Financial Size VIII
The penal sum stated in the bond shall be equal to the total value
of each particular project. The performance bond shall be
conditioned that the CONTRACTOR perform the Agreement in the time
and manner prescribed in the Agreement.
TITLE AND RISK OF LOSS
10.1 The title and risk of loss to the work shall pass from the
CONTRACTOR to CITY upon CITY'S final acceptance of t
he work.
TERMINATION
11.1 TERMINATION FOR CAUSE: In the event the CONTRACTOR shall default in
or violate any of the terms, obligations, restrictions or conditions
of this Agreement, the CITY shall give the CONTRACTOR written notice
by certified mail of the default and that such default shall be
corrected or actions taken to correct such default shall be
commenced within three (3) calendar days thereof. In the event the
CONTRACTOR has failed to correct the condition(s) of the default or
the default is not remedied to the satisfaction and approval of the
CITY, the CITY shall have all legal remedies available to it,
including, but not limited to, termination of this Agreement in
which case the CONTRACTOR shall be liable for all reprocurement
costs and any and all damages permitted by law arising from the
default and breach of this Agreement.
11.2 VOLUNTARY TERMINATION: CITY or CONTRACTOR may terminate this
Agreement by providing thirty (30) calendar days advance written
notice of termination in the manner specified in paragraph 25
herein.
SAFETY
12.1 The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with
the work. The CONTRACTOR shall comply with the rules and
regulations of the Florida Department of commerce regarding
industrial safety (Florida Statutes Section 440.56) and with the
standards set forth in the Occupational Safety and Health Act of
1970 (OSHA) and their amendments.
Page 7 of 11
13.
14
15.
16,
17
12.2 The CONTRACTOR shall take all reasonable precautions for the safety
of and shall provide all reasonable protection to prevent damage,
injury or loss to:
(a) All employees on the work site and all other persons who may
be affected thereby.
(b) The work and all materials and equipment incorporated therein.
(c) Other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, structures and
utilities not designated for removal, relocation or
replacement in the course of the work.
CLEANING UP
13.1 CONTRACTOR shall keep the premises free from accumulation of waste
material or rubbish caused by his operations. At the completion of
the work, CONTRACTOR shall remove all waste materials and rubbish
from about the work areas as well as all tools, equipment, machinery
and surplus materials and provide final cleaning and return the
space to a condition suitable for use by CITY.
SURVIVAL OF OBLIGATIONS
14.1 All representations, indemnifications, warranties and guarantees
made in, required by, or given in accordance with this Agreement, as
well as all continuing obligations shall survive final payment,
completion and acceptance of the work and termination or completion
of the Agreement.
PERMITS, FEES AND LICENSES
15.1 CONTRACTOR shall secure all permits and governmental fees, licenses
and charges necessary for the proper execution and completion of the
work.
AUDIT RIGHTS
16.1 CITY reserves the right to audit the records of CONTRACTOR,
pertaining to this Agreement, at 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
agrees 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 the Agreement.
INDEPENDENT CONTRACTOR STATUS
17.1 CONTRACTOR and its employees, volunteers and agents shall be and
remain an 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.
ASSIGNMENT
18.1 CONTRACTOR shall
not assign,
or transfer its
rights,
title
or
interests in the
Agreement nor
shall
CONTRACTOR
delegate
any of
the
Page 8 of 11
20.
21.
22.
23.
24.
25
VN%W�o
duties and obligations undertaken by CONTRACTOR without CITY'S prior
written approval.
NON - EXCLUSIVITY
19.1 This Agreement is considered a non - exclusive Agreement between the
parties. The 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.
GOVERNING LAW; VENUE
20.1 The validity, construction and effect of this Agreement shall be
governed by the laws of the State of Florida.
20.2 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.
ENTIRE AGREEMENT
21.1 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.
CUMULATIVE REMEDIES
22.1 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.
SEVERABILITY
23.1 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.
PARAGRAPH HEADINGS
24.1 All paragraph headings
convenience only and are
any way as limiting o
Agreement.
NOTICES
in this Agreement are included for
not to be construed as a part hereof or in
r expanding the terms set out in this
25.1 All notices or other communications required by this Agreement shall
be in writing and deemed delivered upon mailing by certified mail,
return receipt requested to the following persons and addresses:
Page 9 of 11
CITY: Purchasing Administrator
City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
CONTRACTOR: Florida Electric Service Co., Inc.
1491 S.W. 21st Avenue
Fort Lauderdale, Florida 33312
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST: /
JO DA K. JOSEPH, CITY ltsrgRK
APP VED AS
AS$ISQANT CITY'ATWORNEY
State of Florida
County of Broward
CITY � CORAL SPPjNGS,N\FkORI�PA
. MILLS,
The foregoing instrument was acknowledged before me, the undersigned notary
public in and for the State of Florida, on this the _S_ day of
q� '04� , 19 93 , by Jonda K. Joseph and Jeanne M. Mills, City
Clerk a d Mayor, respectively.
Notary Public, -State lorida
Notary Public Seal of Office
Printed, Typed or Stamped Name of Notary
NOTARYPUBUCSTATP.OFVLMDA Public Exactly as Commissioned
MY COhMMON EXr.DEC.949" Individuals Who Signed Are*
BONOPDULRUGI 131ALIN&UND. Personally Known, No Identification
C C/ 6 6 3 LO Produced
Oath was Taken
Page 10 of 11
of Florida H. KENNETH - STEMS,
r of Broward
RVICE Ca., INC.
On this, the 10th day of March, 1993 �CXMX, before me,
the undersigned Notary Public of the State of
Florida , the foregoing instrument was acknowledged by
(name of corporate officer), prpgiC1Pnt
(title), of on a lectric Service Co. , Inc. (name of
cor oration), a
lorida
corporation.
WITNESS my hand
and official seal
(state of corporation) corporation, on behalf of the
Notary Public, State of Flbriidaa
Pamela M. Maichuk
Commission No. AA681908
Printed, typed or stamped name of IJrtary
Public exactly as commissioned
® Personally known to me, or
O Produced identification:
(type of identification produced)
[] Did take an oath, or
Did not take an oath
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. AUG.24,1993
BONDED TNRU GENERAL INS. UND.
Page 11 of 11
Exµka1 ; A
AC• 1. l �� J STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS LICENSTAC 80AR0
05/06/92 1 EC C001000 I 41EAS
THE E�1CTRICAL CERTIFIEDR
NAMED LLOOWW jj 55
UNDER THE PROVISIONS OF CHAPTER 489
EXPIRING AUG 31 . 1994
L/%V TON CHILES
GOVERNOR
93
STEMS. STEVEN L
FLA ELECTRIC SERVICE CO INC
4268 SW 70TH TERRACE
DAVIE FL 33314 -3134
DISPLAY IN A CONSPICUOUS PLACE
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V
F.S., FOR THE YEAR
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GEO E STU T, in.
SECRETARY P.R.
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Introduction and Brief NNtory of the Pirm
Florida Electric Service Company, Inc. was incorporated on April 14, 1956 with John C.
Morris as its first President. On July 2, 1963 the Company was sold to Harold C. Siems
who became its next President and remained so until June 30, 1972 when he retired and
his oldest son, H. Kenneth Siems took over. Currently, H. Kenneth Siems presides as
President and Harold C. Siems is Vice - President and although retired is available on a
consultant basis.
Florida Electric Service is presently owned by H. Kenneth Siems and Steven L. Siems who
are both State Certified Electrical Contractors. Steven L. Siems is the youngest son of
Harold Siems,
Florida Electric Service during the 1960's and 1970's specialized in the construction of
water and sewer treatment plants. Some of the facilities constructed by Florida Electric
Service are: Hallandale Water Plant, The first major modification to the Hollywood Water
Plant, Lauderhill Sewer Plant, and Various Sewer Lift Stations in Opa Locka, Oakland Park,
Miramar, Hallandale, Pembroke Pines and Hollywood.
Also during the 1970's and early 1980's Florida Electric Service installed lighting sys-
tems at the Ft. Lauderdale Executive Airport for the runway lighting and VASI (Visual
Approach Slope Indicators).
Although competent in all phases of electrical construction, the Company's specialty has
become all types of sports facility lighting. Florida Electric Service has established a
reputation of installing lighting poles and fixtures in the most efficient manner possible
and consequently is called upon by general contractors or other electrical contractors to
handle this phase of their construction contracts for them. To this end the Company has
acquired various pieces of specialized equipment. All trucks and equipment are owned
wholly by the Company.
Florida Electric Service has the responsibility of maintaining the ballfield lights for cities
such as Davie, Miramar, Wilton Manors, Cooper City, Tamarac and Coral Springs as well
as maintaining the ramp lights at Fort Lauderdale /Hollywood International Airport for
Delta, TWA and United airlines.
Florida Electric Service is also called upon by various municipalities in Broward County to
perform specialized services not within the scope of their regular City departments.
Florida Electric Service is adept at troubleshooting problems for the Water and Sewer
Departments of such cities as Miramar, Plantation, Fort Lauderdale, Tamarac and Coral
Springs to name just a few.
The Company has established a reputation for entering a job, performing with dispatch,
completing the job on time and having little or no returns to remedy "kinks" or problems.
Project Approach
Florida Electric Service is very experienced at evaluating, specifying product, designing,
cost estimating, permitting and constructing all types of lighting projects. Our approach to
this project consists of five steps: 1) Project Evaluation, 2) Budget Development, 3)
Project Design & Permitting, 4) Materials Purchasing, 5) Project Construction.
At Florida Electric each project is initially evaluated according to the following criteria:
A) City's intended usage.
B) Product Application.
C) Impact on the surroundings.
D) Availability of Utilities.
E) Other important project issues.
C • N
After the project has been defined a not to exceed budget for the work and a materials
budget estimate is established and provided to the City.
1913M MORMON
If the budget is accepted by the City our in house designers go to work to develop the plans
and specifications for the building departments permit processing.
After the plans are
complete our estimating staff compiles
a material
list of products for
direct purchase by
the City's purchasing department. This
procedure
offers a three step
savings to the City.
1) Municipalities receive most favored
pricing due to their volume of
purchases and good
payment history. 2) When materials are
purchased
directly by the City
there is no contractor markup. 3) Due to the fact that governments are
tax exempt there is
an overall 6% sales
tax savings.
Florida Electric Service maintains over 10,000 s
Lauderdale location and routinely accepts delivery
installation under this type of contract. The office
with various municipal purchasing departments
materials. All materials delivered and received
insured once received.
quare feet of warehouse space at its Ft.
of products direct purchased by Cities for
staff of FES routinely work in conjunction
to document and approve payments for
by Florida Electric Service become fully
Once permits are issued, materials have arrived the work is scheduled for installation. Bill-
ing for the work is processed by hourly invoices that are applied to the purchase order that
was issued for the not to exceed amount of the project. When project construction condi-
tions are favorable this process has provided FES customers complete installations with 6
ProlectAppmeh Cont.
savings of 40% below the not to exceed cost. When construction problems arise the City
has the security in the fact that FES guarantees a complete project for a guaranteed cost.
Florida Electric Service has been providing this type of service to its municipal customers
for more that 15 years. Many of these customers have realized the additional benefit, in
view of the designer /contractor relationship the flexibility that as a project is constructed
many functional changes can be accomplished to enhance the facility within boundary of
the not to exceed budget.
This project approach is supported by the entire ownership and staff of Florida Electric
Service and our fleet of specialized equipment that has been specialized for this type of
construction.
Upon review of the remainder of this submittal you will notice the that the projects com-
pleted by Florida Electric Service using this project approach are some of the most active
facilities through out Broward County.
Additional Services and Qualifications
Florida Electric Service is also a State Certified General Contractor. Projects constructed by
Florida Electric Service are the Flamingo Gardens Avairy, The City of Miramar reverse
osmosis pilot test facility and Florida Electric Service also acted as the prime contractor for
the second phase of construction on the City of Coral Springs Tennis Center.
All though Florida Electric Service is primarilly an Electrical Contractor we have provided
our customers with abilities and expertise in the design and construction of various
structures from ball barrier netting to specialized facilities that have unique applications
and usage.
Firm Qualificaffons
Florida Electric Service over the past fifteen years has used our project approach to com-
plete the following sports lighting projects for Broward County governmental agencies.
Broward County School Board
Boyd Anderson High School baseball field, Ely High School football stadium, Plantation High
School Baseball field, Softball field and Tennis courts. Ft. Lauderdale High School baseball
field. Nova High School baseball field. Rodgers High School tennis courts. Tarravela High
School baseball field. Pompano High School football stadium.
The City of Cooper City
Bill Lipps Sports Complex Phase I and Phase II. Rock Creek Tennis Center tennis court
lighting Pioneer Middle School baseball field lighting.
The City of Coral Springs
Pole replacement program in Mullins Park. Tract 13 & 23 scoccer fields. Turtle Run Park
baseball and soccer fields. Lyons Park baseball field lighting. Riverside Park baseball and
football fields. Riverside Park roller hockey, volleyball, basketball and park area lighting.
Cypress Park Tennis courts, soccer fields.
The Town of Davie
A.D. Griffin Sports Complex baseball and soccer fields. Potters Park baseball and site
electric. Pine Island Park 25 acre sports complex including baseball fields, soccer fields.
39th Street baseball fields 3 softball fields. Davie Rodeo Arena 72,000 sq. ft. covered
arena lighted to color television lighting levels.
City of Hallandale
Dixie Park baseball field lighting. Hallandale Adult Community Center baseball and soccer
fields, Golden Isles Tennis Center tennis courts and bocci court lighting
The City of Lauderdale Lakes
Park East Three soccer fields. 1 multi -use area, tennis courts, basketball courts and parking
area.
City of Miramar
Optimist Field football /track and football field with two softball fields and tennis courts.
Wellman Field multiuse and baseball field. Miramar Athletic Park three baseball fields and 2
football fields. Lakeshore Park tennis facility. Forzano Park Multi use baseball football fields.
River Run park Tennis and park security lighting.
City of Oakland Park
OPAC west baseball and soccer field lighting.
The City of Wilton Manors
Mickel Field baseball & football field lighting.
Firm Qualifications Cont.
Projects completed within the last two years by Florida Electric Service utilizing this project
approach include:
Broward County School Board
Stranahan High School tennis court and parking lot lighting.
For reference information on these projects please contact Mr. Tom Keller at School Facilities
Department at (954) 928 -0210
Broward County Parks & Recreation
Brian Piccolo Park Basketball court lighting.
For reference information on these projects please contact Mr. Jim Clark Parks Administra-
tion at (954) 357 -8113
City of Cooper City
Pioneer Middle School renovations to sports field lighting.
Rock Creek Tennis Center tennis court lighting and various electrical modifications
For reference information on these projects please contact Mr. Ken Richardson Parks and
Recreation Director at (954) 434 -4300
City of Coral Springs
Mullins Park pole replacement.
Cypress Park tennis court lighting.
Cypress Park soccer field lighting.
Riverside Park roller hockey, basketball, tennis court and site lighting.
For reference information on these projects please contact Mr. Noel Chin City Engineer at
(954) 345 -1169
The Town of Davie
Pine Island Park Lighting and Electrical design of 2 baseball fields and 4 soccer fields.
Wolf Lake Recreational Park Electrical service to recreational buildings residential trailer and
utility lift station.
Robbins Property Electrical service to various pavilion structures and residential mobile
home various
For reference information on these projects please contact Ms. Sharon Kent Parks and
Recreation Director at (954) 344-1126
The City of Lauderdale Lakes
Park East Three soccer fields. 1 multi -use area, tennis courts, basketball courts and parking
area.
For reference information on these projects
Recreation Director at (954) 733 -7804
please contact Mr. John Ciabotti Parks and
The City of Oakland Park
OPAC West baseball field relighting.
For reference information on these projects
Recreation Director at (954) 561 -6275
please contact Mr. Richard Giusti Parks and
The City of Miramar
River Run Park Outdoor handball court, tennis court lighting and site security lighting.
Lakeshore Park Tennis court lighting
Wellman Field Baseball and soccer field.
Miramar Athletic Park Baseball fields and football /soccer fields.
For reference information on these projects please contact Mr. Robert Sherman
Recreation Director at (954) 967 -1600
Parks and