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HomeMy WebLinkAboutReso 2003-602 ," RESOLUTION NO. 2003 - "c7v A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT A WARDING BID NO. 03-09-01 TO HORSEPOWER ELECTRIC, INC., FOR ENTRANCE SIGNAGE (ELECTRICAL) FOR THE CITY OF SUNNY ISLES BEACH, IN AN AMOUNT OF FIFTY-ONE THOUSAND, SIX HUNDRED TWENTY-ONE DOLLARS ($51,621.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is installing entrance signage at the three entrances to the City, and the City now desires electrical services for the signage; and WHEREAS, the City publicly advertised Invitation to Bid No. 03-09-01 for electrical service for the City's entrance signage, and sent out bid packages to three (3) potential bidders; and WHEREAS, the City received the following three (3) responsive bids: Imperial Electrical of Ft. Lauderdale, Inc. $56,978.00 Horsepower Electric, Inc. $51,621.00 Signal Technology, Inc. $82,029.00 WHEREAS, the City determined that Horsepower Electric, Inc., was the lowest most responsive, responsible bidder with a sealed bid of Fifty-One Thousand, Six Hundred Twenty- One Dollars ($51,621.00); and WHEREAS, the City wishes to enter into an Agreement, attached hereto as Exhibit "A", with Horsepower Electric, Inc., in an amount of $51,621.00, for electrical services of the City's entrance signage. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid. The City Commission hereby awards Bid No. 03-09-01 for electrical services of the entrance signage for the three entrances into the City, to Horsepower Electric, Inc. R2003- Horsepower Electric, Inc. BA #03-09-01 Page 1 of2 Section 3. APDroval of Agreement. The Agreement by and between the City of Sunny Isles Beach and Horsepower Electric, Inc., for electrical services for the entrance signage, in an amount of$51,621.00, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 4. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 6. Effective Date. This Resolution will become effective upon adoption. * October PASSED AND ADOPTED this 23rd day ofiltf1Al1l~ 2003. ~TTEST: ,.; ""~. ~. ~ Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL S FICI CY: Moved by: V l Q ~ 0\1' Goo~l'1\Prt\) Seconded by: ('J)W\m\ss. \f)V\B1I' ThJ\L~ Vote: l.\-o Mayor Edelcup Vice Mayor Goodman Commissioner Iglesias Commissioner Thaler V (Yes) V (Yes) V (Yes) V (Yes) (No) (No) (No) (No) * Corrected 12/16/2003 R2003- Horsepower Electric, Inc. BA #03-09-01 Page 2 of2 "~ q ; ... CITY OF SUNNY ISLES BEACH TERM CONTRACT NO. 03-09-01 SUNNY ISLES BEACH ENTRANCE SIGNS [ELECTRICAL] TO: Horsepower Electric, Inc. 8105 West 20 Avenue Hialeah, FL 33014 Date: hj,~ ~/&oo~ This is to inform you that the City of Sunny Isles Beach City Commission hereby enters into a term contract subject to the following: , TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bid No. 03-09- 01, Sunny Isles Beach Entrance Signs (Electrical), and is subject to all terms and conditions therein. 2. Term of Contract. A. This is a term contract for the time period specified in the referenced Invitation to Bid, for the products/services covered by this contract. B. This contract is effective February 1, 2003 and shall remain in effect through October 31,2004. C. This contract may not be renewed. Any amendments to this contract must be in writing and signed by both parties. Such amendment(s) must be signed by the City Manager to be valid, binding and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation to Bid. 3. Payment for Contractor Services. A. The total price for these services is $56,978.00, payable: monthly as invoiced. B. Request for partial payment of services must be submitted monthly, in duplicate, with supporting documents, if any, referencing this contract number and/or Purchase Order Number, to the attention of the Finance Department. C. City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. D. Invoices against this contract are authorized only at the prices stated in your bid response unless otherwise provided in the Invitation for Bib. Horsepower Electric Contract - Bid Form Attorney/Contracts, Agreements/ch 1 ," E. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. F. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 4. A vailabilitv of Funds. The obligations of The City of Sunny Isles Beach under this Agreement are subject to thC'availability of funds lawfully appropriated for its purpose by the State of Florida and the City Commission. 5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30)-days written notice to Contractor. Upon termination, the City may re-bid the project if the Consultant/Contractor fails to perform under this Agreement due to the undisclosed conditions. 6 Indemnification. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to that Contract and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 7. Contract Documents: The parties hereto hereby agree as follows: A. The Contractor shall furnish all labor, equipment and materials and perform the work described for the amount specified in the strict accordance with the General Conditions, Supplementary Conditions/Special Provisions, Plans and Specifications and other contract documents, all of which are made a part hereof and designated as follows: i. City of Sunny Isles Beach Bid No. 03-09-01, dated September 2003, prepared by Calvin, Giordano & Associates, Inc., (which contains Notice to Bidders, Instructions to Bidders, Bid Form, Bid Bond, Public Entity Crimes Affidavit, Trench Safety Act, Information Required from Bidders, EJCDC Standard Form of Agreement, Payment Bond, Performance Bond, Acknowledgement of Conformance with a.S.H.A. Standards, General Conditions, Supplementary Conditions, Addenda and General Requirements. 11. Horsepower Bid Proposal dated September 30,2003. Horsepower Electric Contract - Bid Form Attorney/Contracts, Agreernents/ch 2 t<l1 111. Certificates of Insurance IV. Payment and Performance Bonds v. Plans 8. Time of Completion. Work is to be completed within period specified, unless amended by written Change Order executed by both parties to this Contract. 9. Miscellaneous Provisions: A. Twerms used in this Contract that are defined in the General Conditions shall have the meanings designated in those conditions. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Miami-Dade County, Florida. CITY OF SUNNY ISLES BEACH, FLORIDA HORSEPOWER ELECTRIC, INC. (' i I. an S. Edelcup, Mayor .....~. ATTEST: ~(L~ ~, L Jane A. Hines, City. Clerk Horsepower Electric Contract - Bid Form Attorney/Contracts, Agreements/ch 3 C ..' .. (_ 07.. CITY OF SUNNY ISLES BEACH PUBLIC OPENING OF REQUEST FOR BIDS NO. 03-09-01 SIB ENTRANCE SIGNS [ELECTRICAL] FRIDAY, OCTOBER 3 , 2003, AT 10:00 A.M. PRESENT: Scott Gombar, Capital Projects Director George Fisher, Grants Coordinator Jane A. Hines, City Clerk May Wong, Senior Office Assistant (City Clerk's Office) Representative from Imperial Electrical of Ft. Lauderdale, Inc. Representative from Horsepower Electric, Inc. Representative from Signal Technology, Inc. Three(3)responses to Bid No. 03-09-01 were received: 1. Imperial Electrical of Ft. Lauderdale, Inc. ( 1 original received) 966 N.W. 51s'Place Base Bid Amount: $56 978.00 Ft. Lauderdale, FL 33309 Phone#954-771-8080 Fax#954-771-8081 2. Horsepower Electric,Inc. ( 1 original received) 8105 West 20 Ave. Base Bid Amount: $51,621.00 Hialeah,FL 33014 Phone#305-819-4060 Fax# 305-819-4222 3. Signal Technology, Inc. ( 1 original received) 3411 S.W. 501h Ave. Base Bid Amount: $ 82,029.00 Davie,FL 33314 Phone#954-327-2434 Fax#954-327-3375 Submiljeflby: /1 lane A;nines City Clerk . 0