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Home My WebLink AboutAgenda Council Agenda 020416CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 4, 2016 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. VETERANS CHECK PRESENTATION. b. FLORIDA LEAGUE OF CITIES – RECOGNITION AWARDS TO MAYOR JABLIN AND COUNCIL MEMBER RUSSO FOR THEIR YEARS OF SERVICE. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VII. CITY MANAGER REPORT: VIII. CONSENT AGENDA: • APPROVE MINUTES FROM JANUARY 6, 2016 CITY COUNCIL MEETING. • APPROVE MINUTES FROM JANUARY 7, 2016 CITY COUNCIL MEETING. • RESOLUTION 13, 2016 – UTILITY EASEMENT TO SEACOAST. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA GRANTING A UTILITY EASEMENT TO SEACOAST UTILITY AUTHORITY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND WATER LINES; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Premuroso Council Member Tinsley • RESOLUTION 14, 2016 - RELEASE OF UNITY OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A RELEASE OF UNITY OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. • PURCHASE AWARD - ITB2016-056PS, COMPREHENSIVE GENERATOR MAINTENANCE SERVICE. • PROPOSAL • SUBMITTALS • PROCLAMATION - NATIONAL ENGINEERS WEEK. • PROCLAMATION - WEAR RED FOR WOMEN DAY. (FEBRUARY 5, 2016) • PROCLAMATION – RECOGNITION OF TOM DERITA – BIG HEART BRIGADE. • PROCLAMATION – RECOGNITION OF BARBARA NICKLAUS – NICKLAUS CHILDREN’S HEALTH CARE FOUNDATION. • PROCLAMATION – IN MEMORY OF H. MALLORY PRIVETT, JR., VOLUNTEER CHAIRMAN OF THE HONDA CLASSIC FROM 2006-2012. • PROCLAMATION – IN MEMORY OF TORY BUCKLEY – FOR YEARS OF DEDICATED SERVICE AND CONTRIBUTIONS TO THE YOUTH OF PALM BEACH GARDENS. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. ORDINANCE 2, 2016 – (2nd READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2016. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *RESOLUTION 7, 2016 - MISCELLANEOUS MIRASOL PCD AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS AMENDMENT TO ALLOW THE INSTALLATION OF A 50-FOOT-TALL FLAGPOLE AND AN 8- FOOT BY 12-FOOT FLAG WITH AN AREA OF 96 SQUARE FEET TO BE LOCATED NORTH OF THE MIRASOL CLUBHOUSE FACILITY. THE MIRASOL CLUBHOUSE PARCEL IS A 27.27-ACRE PARCEL LOCATED AT THE INTERSECTION OF MIRASOL WAY AND MIRASOL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS SPECIAL MEETING PAGE 1 01-06-16 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 SPECIAL MEETING 3 January 6, 2016 4 5 The regular meeting was called to order at 7:11p.m. by Mayor Jablin. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Jablin, Vice Mayor Levy, Council Member Russo, Council Member 9 Premuroso, Council Member Tinsley. 10 ABSENT: None. 11 III. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 12 The City Clerk read Ordinance 3, 2016 by title. 13 a. ORDINANCE 3, 2016 – (1ST READING) AVENIR. AN ORDINANCE OF THE CITY 14 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A 15 LARGE-SCALE AMENDMENT TO ITS COMPREHENSIVE PLAN IN ACCORDANCE 16 WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, 17 SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO 18 APPLICATION NO. CPMA-13-07-000016, WHICH PROVIDES FOR AN AMENDMENT TO 19 THE FUTURE LAND USE MAP IN ORDER TO CHANGE THE LAND-USE 20 DESIGNATION ON 4,763 ACRES FROM RURAL RESIDENTIAL (RR10) AND RURAL 21 RESIDENTIAL (RR20) TO MIXED USE DEVELOPMENT (MXD); TO RELOCATE THE 22 URBAN GROWTH BOUNDARY (UGB) IN ORDER TO INCLUDE THE SUBJECT 23 PROPERTY; PROVIDING A NOTATION ON THE FUTURE LAND USE MAP 24 PERTAINING TO THE PERMITTED LAND-USE DENSITIES AND INTENSISTIES 25 RELATED TO THE SUBJECT PROPERTY; PROVIDING FOR A TEXT AMENDMENT TO 26 THE FUTURE LAND USE ELEMENT BY AMENDING OBJECTIVE 1.1.1. FUTURE LAND 27 USE CATEGORIES, POLICY 1.1.2.8. URBAN GROWTH BOUNDARY (UGB), POLICY 28 1.2.4.1.(a)2., AND POLICY 1.2.4.4.(b) IN ORDER TO AMEND THE URBAN GROWTH 29 BOUNDARY TO INCLUDE CERTAIN REAL PROPERTY LOCATED ON THE NORTH 30 SIDE OF NORTHLAKE BOULEVARD, EAST OF GRAPEVIEW BOULEVARD, WEST OF 31 BAY HILL DRIVE, AND SOUTH OF BEELINE HIGHWAY; PROVIDING FOR 32 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; 33 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC 34 OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 35 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 36 FOR OTHER PURPOSES. 37 Mayor Jablin opened the Public Hearing. 38 Petitioner: Ken Tuma, Urban Design Kilday Studios. 39 Staff presentation: Principal Planner, Dawn Sonneborn. 40 Public comment: Rick Reikenis, 13081 SE Green Turtle, Tequesta; Joanne Davis, 1029 N. 41 Lakeside Drive, Lake Worth; Jean Wihbey, 3160 PGA Blvd, Palm Beach Gardens; Peter 42 Colella, 8724 Oldham Way, West Palm Beach; Danny Martell 218 Datura Street, West Palm 43 Beach; Jeffrey Ornstein, 15695 76th Trail N. Palm Beach Gardens; Rich Waleski, 2941 44 Appaloosa Trail, Wellington; Lisa Interlandi, 378 Northlake Blvd, North Palm Beach; 45 Christine Morrison, 2809 Florida Blvd, Delray Beach; Bob Hodgson, 41 Greenpoint Circle, 46 Palm Beach Gardens; Dan Weisberg, 4310 Camrose Lane, West Palm Beach; Gary Cook, 47 5689 Native Dancer Road S., Palm Beach Gardens; Mitchell Levinson, 8740 Oldham Way, 48 CITY OF PALM BEACH GARDENS SPECIAL MEETING PAGE 2 01-06-16 West Palm Beach; Kimberly Rothenburg, 401 Clematis Street, West Palm Beach; Joan 1 Altwater, 9180 Cypress Hollow Drive, Palm Beach Gardens; George Blanck, 12829 Woodmill 2 Drive, Palm Beach Gardens; Tim Hullihan, 840 Country Club Drive, North Palm Beach; 3 Linda Monroe, 619 Hudson Bay Drive, Palm Beach Gardens; Amir Kanel, 2332 Man O War 4 Road, Palm Beach Gardens; Jim Ewing, 1039 Bedford Avenue, Palm Beach Gardens; Gerald 5 Rideout II, 10303 Myrtlewood West, Palm Beach Gardens; Julia Hathaway, 4143 Hickory 6 Drive, Palm Beach Gardens; Sal Faso, 7741 Blue Heron Way, West Palm Beach; Richard 7 Orman, 4203 Oak Street, Palm Beach Gardens; Ken Link, 13300 Night Owl Lane, Palm Beach 8 Gardens; Patricia Curry, 12390 59th Street N., Palm Beach Gardens; Allan Ballweg, 11223 9 40th Street N, Royal Palm Beach; Jeff Welch, 3100 Burns Road, Palm Beach Gardens; Tom 10 Cairnes, 3101 PGA Blvd, Palm Beach Gardens; Joanie Elias, 1009 Diamond Head Way, Palm 11 Beach Gardens; Joanne Davis, 1029 N. Lakeside Drive, Lake Worth; Jack Weir, 5604 PGA 12 Blvd, Palm Beach Gardens; Amy Garelick, 3 Marlwood Lane, Palm Beach Gardens; Jennifer 13 Morton, 525 Tomahawk Court, Palm Beach Gardens; Cort Durocher, 6560 Sparrow Hawk 14 Drive, West Palm Beach; James Fantin, 7676 Jasmine Court, West Palm Beach; Doron 15 Nuchovich, 131 Florence Drive, Jupiter; Sandra Foland, 5631 Whirlaway Road, Palm Beach 16 Gardens; Hal Valeche, 128 Viera Drive, Palm Beach Gardens; Beth Kigel, 5520 PGA Blvd 17 #200, Palm Beach Gardens; Chip Block, 101 Lighthouse Drive, Jupiter; Randy Hansen, 9 18 Dunbar Road, Palm Beach Gardens; Tracy Hawse, 16688 S. A1A, Jupiter; Drew Martin, 1015 19 N “M” Street, Lake Worth; Leslie Evans, 135 Seminole Avenue, Palm Beach; Mitchell 20 Zachary, 122 Dalena Way, Palm Beach Gardens; Michael Gottlieb, 12471 Aviles Circle, Palm 21 Beach Gardens. 22 Mayor Jablin closed the Public Hearing. 23 Council Member Tinsley made a motion to approve Ordinance 3, 2016 on first reading. 24 Council Member Premuroso seconded. 25 Motion passed 5-0. 26 b. *ORDINANCE 4, 2016 – (1ST READING) AVENIR. AN ORDINANCE OF THE CITY 27 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN 28 REAL PROPERTY, SUCH PROPERTY BEING COMPRISED OF 4,763 ACRES IN SIZE, 29 MORE OR LESS, AND LOCATED ON THE NORTH SIDE OF NORTHLAKE 30 BOULEVARD, EAST OF GRAPEVIEW BOULEVARD, WEST OF BAY HILL DRIVE, AND 31 SOUTH OF BEELINE HIGHWAY, INFORMALLY KNOWN AS THE AVENIR PCD; 32 PROVIDING THAT THIS PARCEL(S) OF REAL PROPERTY, WHICH IS MORE 33 PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM PLANNED 34 DEVELOPMENT AREA (PDA) DISTRICT TO PLANNED COMMUNITY DEVELOPMENT 35 (PCD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF MIXED USE 36 DEVELOPMENT (MXD) DISTRICT WITH A CONSERVATION PRESERVED LAND 37 OVERLAY ON 2,407 ACRES; PROVIDING THAT THE ZONING MAP OF THE CITY OF 38 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS 39 CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND 40 FOR OTHER PURPOSES. 41 RESOLUTION 4, 2016 IS A COMPANION ITEM TO ORDINANCE 4, 2016 AND WILL 42 REQUIRE COUNCIL ACTION ON SECOND READING 43 *RESOLUTION 4, 2016 – AVENIR. A RESOLUTION OF THE CITY COUNCIL OF THE 44 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE AVENIR PLANNED 45 COMMUNITY DEVELOPMENT (PCD) OVERLAY / MIXED USE DEVELOPMENT (MXD) 46 DISTRICT MASTER PLAN CONSISTING OF 4,763 ACRES, MORE OR LESS, AND 47 DEVELOPMENT STANDARDS, LOCATED ON THE NORTH SIDE OF NORTHLAKE 48 CITY OF PALM BEACH GARDENS SPECIAL MEETING PAGE 3 01-06-16 BOULEVARD, EAST OF GRAPEVIEW BOULEVARD, WEST OF BAY HILL DRIVE, AND 1 SOUTH OF BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; 2 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 3 FOR OTHER PURPOSES. 4 Due to the late hour this item was continued to the January 7, 2016 City Council meeting. 5 6 (The remainder of this page intentionally left blank.) 7 8 CITY OF PALM BEACH GARDENS SPECIAL MEETING PAGE 4 01-06-16 IV. ADJOURNMENT 1 Council Member Levy made a motion to adjourn. 2 Council Member Tinsley seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 11:23 p.m. 5 The next regularly scheduled City Council meeting will be held January 7, 2016. 6 7 APPROVED: 8 9 10 11 Eric Jablin, Mayor 12 13 14 15 David Levy, Vice Mayor 16 17 18 19 Joseph R. Russo, Council Member 20 21 22 23 Robert G. Premuroso, Council Member 24 25 26 27 Marcie Tinsley, Council Member 28 29 30 31 32 33 34 35 ATTEST: 36 37 38 39 40 Patricia Snider, CMC 41 City Clerk 42 43 44 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 46 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 January 7, 2016 5 6 The regular meeting was called to order at 7:02 p.m. by Mayor Jablin. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Jablin, Vice Mayor Levy, Council Member Russo, Council Member 10 Premuroso, Council Member Tinsley. 11 ABSENT: None. 12 III. PUBLIC HEARING (*designates Quasi-Judicial Hearine) CONTINUED FROM 13 JANUARY 6, 2016 14 a. *ORDINANCE 4, 2016 -(lsr READING) AVENIR. AN ORDINANCE OF THE CITY 15 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN 16 REAL PROPERTY, SUCH PROPERTY BEING COMPRISED OF 4,763 ACRES IN SIZE, 17 MORE OR LESS, AND LOCATED ON THE NORTH SIDE OF NORTHLAKE 18 BOULEY ARD, EAST OF GRAPEVIEW BOULEY ARD, WEST OF BAY HILL DRIVE, AND 19 SOUTH OF BEELINE HIGHWAY, INFORMALLY KNOWN AS THE AVENIR PCD; 20 PROVIDING THAT THIS PARCEL(S) OF REAL PROPERTY, WHICH IS MORE 21 PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM PLANNED 22 DEVELOPMENT AREA (PDA) DISTRICT TO PLANNED COMMUNITY DEVELOPMENT 23 (PCD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF MIXED USE 24 DEVELOPMENT (MXD) DISTRICT WITH A CONSERVATION PRESERVED LAND 25 OVERLAY ON 2,407 ACRES; PROVIDING THAT THE ZONING MAP OF THE CITY OF 26 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS 27 CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND 28 FOR OTHER PURPOSES. 29 RESOLUTION 4, 2016 IS A COMPANION ITEM TO ORDINANCE 4, 2016 AND WILL 30 REQUIRE COUNCIL ACTION ON SECOND READING 31 *RESOLUTION 4, 2016 -AVENIR. A RESOLUTION OF THE CITY COUNCIL OF THE 32 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE A VENIR PLANNED 33 COMMUNITY DEVELOPMENT (PCD) OVERLAY I MIXED USE DEVELOPMENT (MXD) 34 DISTRICT MASTER PLAN CONSISTING OF 4,763 ACRES, MORE OR LESS, AND 35 DEVELOPMENT STANDARDS, LOCATED ON THE NORTH SIDE OF NORTHLAKE 36 BOULEY ARD, EAST OF GRAPEVIEW BOULEY ARD, WEST OF BAY HILL DRIVE, AND 37 SOUTH OF BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; 38 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 39 FOR OTHER PURPOSES. 40 Mayor Jablin opened the public hearing. 41 Mayor Jablin asked for an ex-parte. 42 Mayor Jablin met with the petitioners, applicant and residents regarding the project; Vice 43 Mayor Levy met with applicant, residents, and elected officials from other government 44 agencies; Council Member Russo met with the applicant; Council Member Premuroso met 45 with applicant, received emails, met with City staff, and attended workshops; Council Member 46 Tinsley met with owner, agent, consultant, applicant and members of the public 47 Petitioner: Ken Tuma, Urban Design Kilday Studios. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01--07-16 PAGE 1 1 Staff Presentation: Principal Planner, Dawn Sonneborn. 2 Public Comment: Karen Marcus, 920 Evergreen Drive, North Palm Beach; Kimberly 3 Rothenburg, 401 Clematis Street, West Palm Beach; Beth Kigel 5606 PGA Blvd Palm Beach 4 Gardens; Bob Frein, 113 Osceola Lane, Jupiter; Rick Reikenis, 130851 SE Green Turtle, 5 Tequesta; Jack Weir, 10258 Allamanda Circle, Palm Beach Gardens; Rick Sartory, 130 Santa 6 Barbara Way, Palm Beach Gardens; Dee Sheehan, 11544 Villa Vasari Drive, Palm Beach 7 Gardens; David Aiken, 6234 Winding Lake Drive, Jupiter; 8 Mayor Jablin closed the Public Hearing. 9 Council Member Tinsley made a motion to approve Ordinance 4, 2016 on first reading. 10 Council Member Russo seconded. 11 Motion passed 5-0. 12 IV.ADDITIONS, DELETIONS, MODIFICATIONS 13 Mayor Jablin requested moving Public Hearing Item G to the first item under Public Hearing. 14 Vice Mayor Levy made a motion to move Item G. 15 Council Member Tinsley seconded. 16 Motion passed 5-0. 17 V. ANNOUNCEMENTS AND PRESENTATIONS 18 a HONDA CLASSIC ECONOMIC IMPACT PRESENTATION 19 b . RECOGNITION OF GOLF COURSE VOLUNTEERS 20 c . MARIE CARACUZZO, PRINCIPAL, PALM BEACH GARDENS ELEMENTARY - 21 OVERVIEW OF PROGRAMS FOR THE UPCOMING SCHOOL YEAR. 22 d. LARRY CLAWSON, PRINCIPAL, PALM BEACH GARDENS HIGH SCHOOL - 23 OVERVIEW OF PROGRAMS FOR THE UPCOMING SCHOOL YEAR 24 VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 25 Vice Mayor David Levy: Wished everyone a Happy New Year; asked for everyone to vote for 26 his photograph in the Florida State Park photo contest for January 2016. 27 Mayor Eric Jablin: Invited everyone to come out to the 14th anniversary of the Palm Beach 28 Gardens Green Market on January 10, 2016. Wished everyone a Happy New Year. 29 Council Member Marcie Tinsley: Wished everyone a Happy New Year. Congratulated 30 Kenthia White, Assistant to the City Clerk on graduating for Palm Beach State College with 31 honors. 32 Council Member Joseph Russo: Wished everyone a Happy New Year and extended his 33 congratulations to Kenthia White. 34 Council Member Robert Premuroso: Nothing to report. 35 VII. COMMENTS FROM THE PUBLIC 36 Barry Mendelewicz, 4010 Willow Run, Palm Beach Gardens; Kathy Beamer, 2258 Quail 37 Ridge N. Palm Beach Gardens; George Gehl, 1053 Shady Lakes Circle, Palm Beach Gardens. 38 VIII. CITY MANAGER REPORT 39 None. 40 IX. CONSENT AGENDA 41 a. APPROVE MINUTES FROM DECEMBER 3, 201 5 CITY COUNCIL MEETING. 42 c. RESOLUTION 10, 2016 -MODIFICATION TO CONDITION OF APPROVAL NUMBER 43 14 OF RESOLUTION 53 , 2014. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 44 OF PALM BE ACH GARDENS, FLORIDA AMENDING RESOLUTION 53 , 2014 BY 45 REPEALING CONDITION OF APPROVAL NUMBER 14 AND READOPTING SAME, AS 46 REVISED, IN ORDER TO GRANT A SIX-(6) MONTH TIME EXTENS ION FOR THE 47 EXIST ING SALES/LEASING T RAI LER UNTIL JUNE 30, 2016; SUCH TRAILER BEING 48 LOCATED ON PARCEL "A" OF THE 31.04 PLANNED COMMUNITY DEVELOPMENT CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01-07-16 PAGE 2 1 (PCD), WHICH IS LOCATED SOUTH OF VICTORIA FALLS BOULEY ARD AND EAST 2 OF CENTRAL BOULEVARD AND INTERSTATE 95; PROVIDING A CONDITION OF 3 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4 d. RESOLUTION 11, 2016 -PLAT FOR CVS PUD. A RESOLUTION OF THE CITY 5 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 6 CVS PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE 7 DATE; AND FOR OTHER PURPOSES. 8 e. RESOLUTION 12, 2016 -CENTRAL GARDENS PLAT 2. A RESOLUTION OF THE 9 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 10 THE CENTRAL GARDENS PLAT TWO; PROVIDING AN EFFECTIVE DATE; AND FOR 11 OTHER PURPOSES. 12 f. PURCHASE AWARD -ITB2016-049PS -ROOF MAINTENANCE AT CITY HALL, 13 LAKESIDE AND PUBLIC WORKS. 14 g. PROCLAMATION -ARBOR DAY 15 Vice Mayor Levy made a motion to approve the Consent Agenda without Item B. 16 Council Member Tinsley seconded. 17 Motion passed 5-0. 18 The City Clerk read Resolution 3, 2016 by title. 19 b. RESOLUTION 3, 2016 -AGREEMENT WITH THE CHILDREN'S HEALTHCARE 20 CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 21 BEACH GARDENS, FLORIDA AWARDING A PUBLIC SAFETY GRANT FOR OFF-DUTY 22 POLICE AND FIRE PERSONNEL TO THE CHILDREN'S HEALTHCARE CHARITY, INC. 23 FOR THE 2016 HONDA CLASSIC PGA GOLF TOURNAMENT AND TO APPROVE A 24 LEASE AGREEMENT FOR THE USE OF SPECIFIC PORTIONS OF MIRASOL AND PGA 25 NATIONAL PARKS FOR VARIOUS PARKING FACILITIES AND GENERAL 26 OPERATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 27 Council Member Russo recused himself and filled out form 8B. 28 Petitioner: None 29 Staff Presentation: None. 30 Public Comment: None. 31 Vice Mayor Levy made a motion to approve Resolution 3, 2016. 32 Council Member Tinsley seconded. 33 Motion passed 4-0. 34 Council Member Russo returned to the diaz. 35 X. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 36 Those preparing to give testimony were sworn in. 37 The City Clerk read Resolution 9, 2016 by title. 38 g. RESOLUTION 9, 2016 -AMENDING THE CITY OF PALM BEACH GARDENS' 39 BUDGET FOR THE FISCAL YEAR 2016 TO FUND BODY-WORN CAMERAS. A 40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 41 FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE 42 FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, 43 INCLUSIVE, BY APPROVING THE TRANSFER OF FUNDS PURSUANT TO SECTION 2- 44 293. APPROPRIATIONS., CODE OF ORDINANCES, TO FUND THE COST OF A BODY- 45 WORN CAMERA PROGRAM FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016; 46 AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS TO IMPLEMENT 47 THE BODY-WORN CAMERA PROGRAM; PROVIDING AN EFFECTIVE DATE; AND 48 FOR OTHER PURPOSES CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01-07-16 PAGE 3 1 Mayor Jablin opened the Public Hearing. 2 Petitioner: None. 3 Staff presentation: Police Chief, Stephen Stepp. 4 Public comment: Rae Whitely, 239 NE 12th Avenue, Boynton Beach; Anthony Maroon, 9846 5 Daisy Avenue, Palm Beach Gardens; Matt Benzion, 9691 Sunny Isles Circle, Boca Raton; 6 Nicholas O'Neal, 306 Ontario Place, West Palm Beach; Sabrina Johnson, 426 NW 12th 7 Avenue, Boynton Beach; Terry Banks, 411 NW 2~ Avenue, Boynton Beach; Derrick 8 McCray, 2315 A venue S, Riviera Beach. 9 Mayor Jablin closed the Public Hearing. 10 Vice Mayor Levy made a motion to approve Resolution 9, 2016. 11 Council Member Tinsley seconded. 12 Motion passed 5-0. 13 The City Clerk read Ordinance 14, 2015 by title. 14 a. *ORDINANCE 14, 2015 (2°d READING AND ADOPTION) MARY CIRCLE 15 COMMERCIAL REZONING. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 16 OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY 17 WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, 18 CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 0.57 ACRES IN 19 SIZE, MORE OR LESS, LOCATED AT THE SOUTHEAST CORNER OF MILITARY TRAIL 20 AND MARY CIRCLE; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH 21 IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY 22 ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH 23 AN UNDERLYING ZONING DESIGNATION OF PROFESSIONAL OFFICE (PO); 24 PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE 25 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 26 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 27 FOR OTHER PURPOSES. 28 Mayor Jablin opened the public hearing. 29 Mayor Jablin asked for an ex-parte. 30 None. 31 Petitioner: Brett Leone, Cotleur and Hearing. 32 Staff Presentation: No changes since first reading. 33 Public Comment: None. 34 Mayor Jablin closed the Public Hearing. 35 Vice Mayor Levy made a motion to approve Ordinance 14, 2015 on second reading and 36 adoption. 37 Council Member Tinsley seconded. 38 Motion passed 5-0. 39 RESOLUTION 65, 2015 IS A COMP ANION ITEM TO ORDINANCE 14, 2015 AND 40 WILL REQUIRE COUNCIL ACTION. 41 The City Clerk read Resolution 65, 2015 by title. 42 *RESOLUTION 65, 2015 -MARY CIRCLE COMMERCIAL REZONING. A RESOLUTION 43 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 44 APPROVING THE DEVELOPMENT OF A NEW 3,560-SQUARE-FOOT OFFICE 45 BUILDING; THE SUBJECT SITE IS LOCATED AT THE SOUTHEAST CORNER OF 46 MILITARY TRAIL AND MARY CIRCLE, AS MORE PARTICULARLY DESCRIBED 47 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS ; 48 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01-07-16 PAGE 4 1 Mayor Jablin opened the public hearing. 2 Mayor Jablin asked for an ex-parte. 3 None. 4 Petitioner: Brett Leone, Cotleur and Hearing. 5 Staff Presentation: None. 6 Public Comment: None. 7 Mayor Jablin closed the Public Hearing. 8 Vice Mayor Levy made a motion to approve Resolution 65, 2015. 9 Council Member Tinsley seconded. 10 Motion passed 5-0. 11 The City Clerk read Ordinance 15, 2015 by title. 12 b. ORDINANCE 15, 2015 -(2nd READING AND ADOPTION) AMEND THE CAPITAL 13 IMPROVEMENTS ELEMENT (CIE). AN ORDINANCE OF THE CITY COUNCIL OF THE 14 CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS 15 COMPREHENSIVE PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN 16 SECTIONS 163.3177, FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED 17 AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR 18 CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS 19 ELEMENT, PROVIDING THAT THE DATA, AS AMENDED OR REVISED, SHALL BE 20 SUBSTITUTED FOR AND REPLACE THE EXISTING DATA IN THE CAPITAL 21 IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 22 PLANNING AGENCY FOR REVIEW ; PROVIDING A CONFLICTS CLAUSE, A 23 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 24 DA TE; AND FOR OTHER PURPOSES. 25 Mayor Jablin opened the public hearing. 26 Petitioner: None 27 Staff Presentation: No changes since first reading. 28 Public Comment: None. 29 Mayor Jablin closed the Public Hearing. 30 Vice Mayor Levy made a motion to approve Ordinance 15, 2015 on second reading and 31 adoption. 32 Council Member Tinsley seconded. 33 Motion passed 5-0. 34 The City Clerk read Resolution 1, 2016 by title. 35 c. *RESOLUTION 1, 2016 -TACO BELL SITE PLAN AMENDMENT. A RESOLUTION 36 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 37 APPROVING A SITE PLAN AMENDMENT AND MAJOR CONDITIONAL USE; 38 PROVIDING FOR THE DEMOLITION OF THE EXISTING TACO BELL FAST-FOOD 39 RESTAURANT AT NORTHLAKE COMMONS, WHICH IS LOCATED ON THE SOUTH 40 SIDE OF NORTHLAKE BOULEVARD, EAST OF INTERSTATE 95, AS MORE 41 PARTICULARLY DESCRIBED HEREIN, IN ORDER TO CONSTRUCT A NEW 2,674- 42 SQUARE-FOOT FAST-FOOD RESTAURANT WITH DRIVE-THROUGH; PROVIDING 43 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 44 PURPOSES. 45 Mayor Jablin opened the public hearing. 46 Mayor Jablin asked for an ex-parte. 47 None. 48 Petitioner: Tara Toto, Core States Group. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01-07-16 PAGE 5 1 Staff Presentation: Senior Planner, Joann Skaria. 2 Public Comment: None. 3 Mayor Jablin closed the Public Hearing. 4 Vice Mayor Levy made a motion to approve Resolution 1, 2016. 5 Council Member Tinsley seconded. 6 Motion passed 5-0. 7 The City Clerk read Ordinance 2, 2016 by title. 8 d . ORDINANCE 2, 2016-(lsT READING) BUDGET AMENDMENT FOR FISCAL YEAR 9 2015 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 10 GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET 11 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 , AND ENDING SEPTEMBER 12 30, 2016, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 13 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 14 FOR OTHER PURPOSES. 15 Mayor Jablin opened the public hearing. 16 Petitioner: None. 17 Staff Presentation: Finance Administrator, Allan Owens. 18 Public Comment: None. 19 Mayor Jablin closed the Public Hearing. 20 Vice Mayor Levy made a motion to approve Ordinance 2, 2016 on first reading. 21 Council Member Tinsley seconded. 22 Motion passed 5-0. 23 The City Clerk read Resolution 6, 2016 by title. 24 e. RESOLUTION 6, 2016. COLLECTIVE BARGANING AGREEMENT. A RESOLUTION 25 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 26 APPROVING AND RATIFYING A COLLECTIVE BARGAINING AGREEMENT AND 27 TWO MEMORANDUMS OF UNDERSTANDING WITH THE PROFESSIONAL 28 FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, 29 INC. EMPLOYED BY THE CITY FOR FISCAL YEARS 2015-2016, 2016-2017, AND 2017- 30 2018; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN 31 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 32 Mayor Jablin opened the public hearing. 33 Petitioner: None . 34 Staff Presentation: Human Resources Administrator, Sheryl Stewart. 35 Public Comment : None. 36 Mayor Jablin closed the Public Hearing. 37 Council Member Russo made a motion to approve Resolution 6, 2016. 38 Council Member Tinsley seconded. 39 Motion passed 5-0. 40 The City Clerk read Resolution 8, 2016 by title. 41 f. RESOLUTION 8, 2016 -AMENDING THE CITY OF PALM BEACH GARDENS ' 42 BUDGET FOR THE FISCAL YEAR 2016 TO FUND IAFF. A RESOLUTION OF THE CITY 43 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE 44 CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING 45 OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, INCLUSIVE, BY APPROVING 46 THE TRANS FER OF FUNDS PURSUANT TO SECTION 2-293. APPROPRIATIONS., 47 CODE OF ORDINANCES, TO FUND THE COS T OF THE COLLECTIVE BARGAINING 48 AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01-07-16 PAGE 6 1 PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., FOR THE FISCAL YEAR ENDING 2 SEPTEMBER 30, 2016; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 3 PURPOSES. 4 Mayor Jablin opened the public hearing. 5 Petitioner: None. 6 Staff Presentation: None. 7 Public Comment: None. 8 Mayor Jablin closed the Public Hearing. 9 Council Member Russo made a motion to approve Resolution 8, 2016. 10 Council Member Tinsley seconded. 11 Motion passed 5-0. 12 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 13 None. 14 XII. CITY ATTORNEY REPORT 15 City Attorney R. Max Lohman reported the court granted the City the Motion for Summary 16 Judgement for the Palm Beach Puppies case. 17 (The remainder of this page intentionally left blank.) 18 19 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01-07-16 PAGE 7 1 XIII. ADJOURNMENT 2 Council Member Russo made a motion to adjourn. 3 Council Member Tinsley seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 10:35 p.m. 6 7 The next regularly scheduled City Council meeting will be held February 4, 2016. 8 9 APPROVED: 10 11 12 13 Eric Jablin, Mayor 14 15 16 17 David Levy, Vice Mayor 18 19 20 21 Joseph R. Russo, Council Member 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: 37 38 39 40 41 Patricia Snider, CMC 42 City Clerk 43 44 45 Robert G. Premuroso, Council Member Marcie Tinsley, Council Member 46 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 47 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 48 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 01--07-16 PAGE 8 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 2016 Resolution 13, 2016 Subject/Agenda Item: Granting a Utility Easement to Seacoast Utility Authority for the construction of underground water lines on 4Q1h Terrace North that was installed as part of the Neighborhood Improvement Assessment Program for water and roadway · improvements for Sunset Drive and 401h Terrace North. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Legal Departmen Advertised: NA Date: Allan Owens Paper: [ x ] Not Required Affected parties Approved by: [ ] Notified [ x ] Not required Costs:$ ___ _ (Total} $ ____ _ Current FY Funding Source: [ ] Operating [x] Other Contract/Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: .• Resolution 13, 2016 -Exhibit "A": Grant of Easement Meeting Date: February 4, 2016 Resolution 13, 2016 Page 2 of 2 BACKGROUND: Seacoast Utility Authority (SUA) is requesting the City to execute a utility easement in favor of SUA for the construction, operation , and maintenance of underground water lines on 4Q 1h Terrace North that was installed as part of the Neighborhood Improvement Assessment Program for water and roadway improvements for Sunset Drive and 4Q1h Terrace North . STAFF RECOMMENDATION: Staff recommends approval of Resolution 13, 2016 as presented . 1 2 3 RESOLUTION 13, 2016 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA GRANTING A UTILITY EASEMENT 8 TO SEACOAST UTILITY AUTHORITY FOR THE CONSTRUCTION, 9 OPERATION, AND MAINTENANCE OF UNDERGROUND WATER 10 LINES; AUTHORIZING THE MAYOR TO EXECUTE THE 11 EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 12 OTHER PURPOSES. 13 14 15 WHEREAS, Seacoast Utility Authority (SUA) is requesting the City to execute a 16 Utility Easement in favor of SUA for the construction, operation, and maintenance of 17 underground water lines on 4Qth Terrace North ; and 18 19 WHEREAS, such Easement has been prepared and is attached hereto; and 20 21 WHEREAS, the City Council deems approval of this Resolution to be in the best 22 interest of the health , safety, and welfare of the residents and citizens of the City of 23 Palm Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 30 31 SECTION 2. The City Council hereby grants a Non-Exclusive Utility Easement 32 to Seacoast Utility Authority for the construction , operation , and maintenance of 33 underground water lines located at 8511 4Qth Terrace North, as more particularly 34 described and depicted in Exhibit "A", which is attached hereto and incorporated 35 herein , and hereby authorizes the Mayor to execute the Easement. 36 37 SECTION 3. This Resolution shall become effective immediately upon adoption. 38 39 40 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 13, 2016 PASSED AND ADOPTED this __ day of ________ , 2016. CITY OF PALM BEACH GARDENS, FLORIDA BY: ·~-------------~ Eric Jablin, Mayor ATTEST: BY: ~------------Patricia Snider, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYORJABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER PREMUROSO COUNCILMEMBER TINSLEY \\pbgsnas'Attorney\attorney_share\RESOLUTIONS\2016\Resolution 13 2016-Granting Easement-SUA-40th Terrace.docx Page 2 of 2 Resolution 13 , 2016 EXHIBIT "A" RECORD & RETURN TO: This instrument prepared by: R. Max Lohman, Esq. City Attorney City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, City of Palm Beach Gardens, owner of the property described herein below, hereinafter referred to as "Grantor", for and in consideration of the sum of TEN DOLLARS AND N0/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, in perpetuity, unto the Seacoast Utility Authority, whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410, hereinafter referred to as "Grantee", a Utility Easement and construction easement, hereinafter referred to as the "Easement", in order to construct, install, reconstruct, repair, remove, replace, inspect, maintain, and operate Underground water lines and to allow access and use for utility purposes to and for the public under, across, along, and on the property hereinafter described, together with the right of access thereto for the personnel and equipment necessary and required for such uses and purposes, together with the right to cut, trim, or remove trees, bushes, and roots as may be reasonably required incidental to the right herein given and the right to enter upon the property for all such purposes. Improvements or obstructions shall not be placed over Grantee's facilities or in, upon, or over the property within said Easement. The Easement being granted herein is located on the following described land lying and being situated in the City of Palm Beach Gardens in Palm Beach County, Florida, to wit: (SEE EASEMENT SKETCH and LEGAL DESCRIPTION OF EASEMENT PROPERTY ATTACHED HERETO AS EXHIBIT "A") IT IS EXPRESSLY COVENANTED AND AGREED that this Grant of Easement does in no way convey the fee simple title to this property but is only a Grant of Easement for the uses and purposes stated herein. In the event that this parcel of property is no longer necessary as an easement for underground water lines as stated above, all rights, titles, and interests herein granted shall be released to the fee simple owner, successors, and/or assigns in title, through the abandonment of easements by the City of Palm Beach Gardens. Page 1 of 2 Grant of Easement IN WITNESS WHEREOF, the Grantor has hereunto caused this Grant of Easement to be signed on this __ day of _______ 2016. Signed, Sealed, and Delivered in the presence of: Witness -Print name Eric Jablin, Mayor City of Palm Beach Gardens Witness -Signature Witness -Print name Witness -Signature STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged and executed before me this __ day of ______ _.., 2016, by Eric Jablin, Mayor of Palm Beach Gardens, who is personally known to me or who has produced a Florida driver's license as identification and who did/did not take an oath. (Seal) Notary Public State of Florida Page 2 of 2 Grant of Ea sement EXHIBIT "A" E Q. ~ "' "' 5 N ... 0 e I ~ I iil I > I 0 "' ::! 0 I ..... 0 g .... ~ ~ J < ~ ::, v, 0 ! ,5 :1 c: ::, v, .. c: ., .,, 8 ~ " 2 a, E 0 Q. 0 1:-u in ::! 0 ;:= 5!- i! 0 Q. 0 c: .!! 0 z < <., Q. .. ! 8 ~ " 0 ., a, E 0 Q. 0 >,. u SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) SECTION 24, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA LEGAL DESCRIPTION: NOT VALID WITHOUT ACCOMPANYING SHEETS 1 AND 2 OF 2 *THIS IS NOT A SURVEY• A PORTION OF THE NORTHEAST ONE-QUARTER {NE 1/4) OF SECTION 24, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER (NE 1/4): THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER (NE 1/4), NORTH 88'.38'04" WEST A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF INTERSTATE-95 AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE, NORTH 88'38'04" WEST A DISTANCE OF 20.00 FEET; THENCE ALONG A LINE 20.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES, AND PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE-95, NORTH 01'28'02'' EAST A DISTANCE OF 80.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 40TH TERRACE NORTH AS RECORDED IN OFFICIAL RECORDS BOOK 1912, PAGE 798 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 88'38'00" EAST A DISTANCE OF 20.00 FEET: THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE-95, SOUTH 01'28'02" WEST A DISTANCE OF 80.20 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 1,604 SQUARE FEET (0.0.368 ACRE), MORE OR LESS. NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER AND ACCOMPANIED BY SHEET 2 OF 2. THIS INSTRUMENT MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT THE CONSENT OF CALVIN, GIORDANO AND ASSOCIATES, INC. 2. LANDS DESCRIBED HEREON WERE NOT ABSTRACTED, BY THE SURVEYOR, FOR OWNERSHIP, EASEMENTS, RIGHTS-OF-WAY OR OTHER INSTRUMENTS THAT MAY APPEAR IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. 3. THE BEARINGS SHOWN HEREON REFER TO THE STATE OF FLORIDA STATE PLANE COORDINATE SYSTEM, TRAVERSE MERCATOR PROJECTION, EAST ZONE, NORTH AMERICAN DATUM OF 1983, '2007 ADJUSTMENT (NAO 8.3/07} AND ARE BASED ON A CALCULATED BEARING OF SOUTH 00'10'09.37" EAST BETWEEN FOUND PALM BEACH COUNTY HORIZONTAL CONTROL STATIONS "M-51" AND "VAST II" AND ALL BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 4. THE DESCRIPTION CONTAINED HEREIN AND THE ATIACHED SKETCH DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. 5. THIS DOCUMENT IS INTENDED TO PROVIDE FOR CONVEYANCE OF A UTILITY EASEMENT. CALVIN, GIORDANO & ASSOCIATES, INC . _ ~-~ 12r n ____ _ DAVID E. ROHAL ~-- PROFESSIONAL SURVEYOR AND MAPPER NO. 4315 STATE OF FLORIDA REVISED: 1-11-2016 ~ ..--~~~~~~~~~~~--...-~~~~~~~~~~~~--~~~...-~~~---~~---- ., Calvin, Giordano S Associates, Inc. ,s~ r=ECT No SHEET 0 ;:= l 8 ~ EXCEPTIONAL SOLUTIONS• srov.n...,.~ ·~ile.340 •We!lf'otnB•oci\Fl.33409 fhcnc561 .684.6161 • F.1':561.684.6360 EXHIBIT A CITY OF PALM BEACH GARDENS NONE 07-1032.60 1 I DATE I sawr-... N a.-~~~~~~~~~~~__..._~~~~~~~~~~~~--~~~,1,1,,,_~~~.1.1,=,~~---11 II CAD R~ 4-15-15 2 CerUnoole or AulhorluUon 8791 I OF ... 0 .; .. c :, Ill .. i 'O 8 .c 0 g m E 0 Q. 0 ,.. 0 20 40 1-1-1 (IN FEET) 1 INCH = 40 FEET ,,. / I ~ \ SKETCH OF DESCRIPTION I j I I-n:: 0 ~ z , ~ w c 0.: u L&J • L&J co <( ccn ...... n:: :::::s • 0::: I ~~ w I • t:~ I-:::> en o- ..c a:I ..... oi o , 2 -q- I() 0) I w z ,::::; ~ a:: I- (/) w 3= I S88"38'00~ SOUTH R/W LINE NOT PLATTED PORTION OF NE 1/4, SECTION 24-42-42 ADDRESS: 8511 40th TERRACE NORTH PCN: 52-42-42-24-00-000-1230 (O.R.B. 17999, PG. 874, P.B.C.R.) z 20.00' NOT VALID WITHOUT ACCOMPANYING SHEETS 1 AND 2 OF 2 *THIS IS NOT A SURVEY• EASEMENT AREA L{) 0) I w I- ~ (/) n:: w 1-z .,,_NI ,.,,., =~1 ZI .,,. WN z ::::;~ ,_ i= I Vl u I L5~ G ;;; ~ ;::: 9- -"' 15 POB P.O.C.~ • • • SE CORNER NE 1/4 --------------..L.L,4:::: __ N88"38'04~ .!_50.00' SECTION 24-42-42 Q. 0 c 0 :;; 0 z i3 Q. .. i 'O 8 .c 0 0 ., m E 0 Q. CANAL (O.R.B. 2063, PG. 826, P.C.R.) (O.R.B. 2137, PG. 1834, P.B.C.R.) LEGEND: O.R.B. = OFFICIAL RECORDS BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W RIGHT-OF-WAY 20.00 SOUTH LINE NE 1 / 4 -- N88"38'04"W SECTION 24-42-42 I I I PCN PALM BEACH COUNTY PROPERTY CONTROL NUMBER REVISED: 1-11 -2016 ~ t---------------------------------------------------------------------------..--------1 ~ .. Calvin, Giordano & Associates, Inc. SCALE PROJtcr "° SHEET ·-1"=40' 07-1032.60 ~ ~~:.~.::!.~!!'~~;:! EXHIBIT A ! "'-:S6l.684J,U,l•l,1'C%l."84.6JOO CITY OF PALM BEACH GARDENS DATE CAO FILE CerUllcole of Aulhorlzollon 8791 4-15-15 Sit lD1 ""'°" or 2 N ._ __________________________ ......._ __________________________ ..,......_ ______ ......, ________ ..._ ______ ....... 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 2016 Resolution 14, 2016 Subject/Agenda Item: Consideration for Approval: Approving a Release of Unity of Title for the CVS Planned Unit Development (PUD). [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Engineering Department -~ Originating Dept.: Planning & Zoning: Project Manager Pe~ Principal Planner r----,----,~~~~~----, Quasi -Judicial [ 1 Legislative [ ] Public Hearing Paper: NIA Affected parties: [ ] Notified [X] Not Required Finance: Accountant NIA Tresha Thomas Fees Paid: Yes Funding Source: [ ] Operating [X] Other ___ N_IA ____ _ Budget Acct.#: NIA Contract/ Agreement: Effective Date: NIA Expiration Date: NIA Council Action: ] Approved ] Approved wl Conditions ] Denied ] Continued to: _ Attach men ts: • Resolution 14, 2016 -Exhibit A: Release Of Unity of Title EXECUTIVE SUMMARY Meeting Date: February 4 , 2016 Resolution 14, 2016 Page 2 of 2 The Applicant, CVS 3269 FL , LLC, is requesting the City of Palm Beach Gardens to execute a Release of Unity of Title for CVS Planned Unit Development (PUD). On December 5 , 2013, the City Council of Palm Beach Gardens adopted Resolution 67 , 2013 , approving the CVS PUD site plan . Resolution 67 , 2013 contained a Condition of Approval requiring the Applicant to submit for review and approval by the City Attorney a Unity of Title to bring the four (4) properties, which comprise the PUD , under unified control. The Applicant satisfied the Condition of Approval on August 8, 2015 , by recording the reviewed and approved Unity of Title in O.R. Book 27735, Page 1669 , Public Records of Palm Beach County, bringing the four (4) properties of the CVS PUD under unified control. Subsequently, after the recording of the Unity of Title, the Applicant finalized the purchase of all four (4) properties and submitted the required development application requesting to plat the PUD . On December 18 , 2015 , the City issued Technical Compliance Approval (TCA) for the plat of the project pursuant to Section 78-446(d)(2)(d) of the City's Code . On January 7 , 2016, the City Council adopted Resolution 11 , 2016, approving the CVS PUD plat. The adoption of Resolution 11 , 2016 approving the plat for the CVS PUD has rendered the Unity of Title obsolete and unnecessary because the project's plat has permanently unified all four (4) properties. It is the Applicant's desire, at the request of Palm Beach County, for the City to execute a Release of Unity of Title to convey approximately 0.062 acres of land without a title encumbrance to Palm Beach County for future roadway improvements along Northlake Boulevard . STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 14, 2016 as presented . 1 2 3 RESOLUTION 14, 2016 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING A RELEASE OF UNITY 8 OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD); 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, on December 5 , 2013, the City Council adopted Resolution 67 , 13 2013 , approving the CVS site plan located at the northeast corner of the Military Trail 14 and Northlake Boulevard intersection ; and 15 16 WHEREAS, on August 8, 2015, the Unity of Title combining the subject 17 properties comprising the CVS PUD was recorded in O.R. Book 27735, Page 1669, 18 Public Records of Palm Beach County , Florida, as corrected by that certain Corrective 19 Unity of Title recorded in O.R. Book 27949 , Page 1176, Public Records of Palm Beach 20 County, Florida; and 21 22 WHEREAS, on January 7 , 2016, the City Council adopted Resolution 11 , 2016, 23 approving the CVS PUD Plat; and 24 25 WHEREAS, the City Council deems approval of this Resolution to be in the best 26 interests of the health, safety, and welfare of the residents and citizens of the City of 27 Palm Beach Gardens and the public at large . 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF PALM BEACH GARDENS, FLORIDA that: 32 33 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 34 35 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 36 execute the Release of Unity of Title of the CVS PUD , attached hereto as Exhibit "A." 37 38 SECTION 3. This Resolution shall become effective immediately upon adoption . 39 40 (The remainder of this page intentionally left blank) 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 14, 2016 PASSED AND ADOPTED this __ day of _______ , 2016. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---------------Eric Jablin , Mayor ATTEST: BY: ------------Patricia Snider, CMG , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman , City Attorney VOTE: AYE NAY MAYORJABLIN ---- VICE MAYOR LEVY ---- COUNCILMEMBER RUSSO ---- COUNCILMEMBER PREMUROSO ---- COUNCILMEMBER TINSLEY ---- ABSENT \\pbgsnas\Attorney\attorney_share\RESOLUTIONS\2016\Resolution 14 2016-CVS Release of Unity of Title.docx Page 2 of 2 Resolution 14, 2016 EXHIBIT "A" Prepared by and Return to: Kyla 0. Baker, Esq . Holland & Knight LLP 200 South Orange Avenue, Ste. 2600 Orlando , Florida 32801 Tel.: (407) 425-8500 RELEASE OF UNITY OF TITLE WHEREAS, that certain Unity of Title was created by virtue of an instrument recorded in O.R. Book 27735, Page 1669, Public Records of Palm Beach County, Florida, as corrected by that certain Corrective Unity of Title recorded in O.R. Book 27949, Page 1176, Public Records of Palm Beach County , Florida (hereinafter the "Unity of Title"). WHEREAS, the Unity of Title can be released in writing by the City Council of the City of Palm Beach Gardens (hereinafter "City Council"). WHEREAS, the City Council desires to execute this Release of Unity of Title to establish of record that the Unity of Title has been released . NOW THEREFORE, the City Council hereby terminates, discharges, cancels and releases the Unity of Title and hereby releases, discharges and cancels the operation and effect of the Unity of Title. The City Council hereby represents and warrants that it has the authority to execute this Release of Unity of Title. Witnesses: Print Name:--------- Print Name: ---------- STATE OF ----COUNTY OF __ _ CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS Print Name: ------Title: -------- The foregoing instrument was acknowledged before me this __ day of , 2016, by as on behalf of the City Council of the City of Palm Beach Gardens who is either personally known to me or has produced as identification. ---------- #38148550 v3 Notary Public Print Name: My Commission expires: 1 PALM BEACH GARDENS ':4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage, Vendors list, and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. Cl SOLICITATION TYPE: Invitation to Bid TITLE: Comprehensive Generator Maintenance Service DATE ADVERTISED: 11/15/2015 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 501.3020 .539.3400 (Contractual Services) CONTRACT TERM : Five (5) Years OPTIONS TO RENEW : None VENDOR(S): All Power Generators Corp CONTRACT NO.: ITB2016-056PS DEPARTMENT: Parks and Public Facilities BIDS/PROPOSALS DUE DATE: 12/11/2015 RESPONSES RECEIVED: Eight (8) ANNUAL CONTRACT VALUES: Year One: $38,700 Year Two: $38,700 Year Three: $38,700 Year Four: $38,700 Year Five: $38,700 TOTAL CONTRACT VALUE: $193,500 BACKGROUND: This Agreement will allow the City to contract with a qualified and experienced generator contractor for the scheduled maintenance and servicing of the City's stationary and mobile generators. Sixteen (16) generators will be covered by this Agreement. All servicing will be performed based on the standards established in NFPA 110 for Level 2 power generation systems. The contractor has to be on site within two (2) hours after receiving an emergency call or req uest. This is the first time that the City will have one contractor res pon sible for servicing and maintaining all its generators. This allows for better accountability, operational efficiencies, and more effective contract administration. COMMENTS: All Power Generators Corp is based in Medley, Florida and has over 25 years' experience servicing all brands of generators and their electrical components . The company is certified by the State as a licensed electrical contractor. The firm provides 24-hour 7-days per week emergency service and has the t echnicians, trucks, and equipment to meet the City's needs. Among its many clients are private companies and other public entities, including Miami-Dade County. Originator David Reyes Department Head J.E. Doughney Ill Purchasing Km! Ra Finance Allan Owens D NOT APPROVED D DEFERRED DATE PALM B EACH GARDENS ':t uniqu,, pl"" to live, learn, lfltJl'k & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR COMPREHENSIVE GENERATOR MAINTENANCE SERVICE AGREEMENT NO. ITB2016-056PS THIS AGREEMENT is made and entered into this __ day of _______ , 2016 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail , Palm Beach Gardens, Florida 33410, and All Power Generators Corp, a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 9841 NW 117 Way, Medley, Florida 33178. WHEREAS, the City desires to retain the services of the Contractor to provide services in accordance with the City's Invitation to Bid ITB2016-056PS, Comprehensive Generator Maintenance Services, and the Contractor's response thereto , which are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE , in consideration of the mutual covenants and promises hereafter set forth , the Contractor and the City agree as follows : ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms , conditions, and specifications set forth in the City's Invitation to Bid ITB2016- 056PS and the Contractor's response to the Invitation to Bid , including all addenda and documentation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall provide Comprehensive Generator Maintenance Services to the City's several facilities and locations, inclusive of stationary and mobile units. The Contractor shall provide the services on an as-needed and scheduled basis, based on the frequencies established by the City, which may be altered from time to time. Page 11 of 4 ARTICLE 3. COMPENSATION City of Palm Beach Gardens Agreement No. ITB2016-056PS Comprehensive Generator Maintenance Services The City shall pay the Contractor for performing the services, according to the terms and conditions of the Invitation to Bid and the Contractor's price offer. The City shall pay the Contractor the amount of Thirty-Eight Thousand Seven Hundred Dollars ($38,700) for the performance of scheduled maintenance services. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated , mailed by registered or certified mail (postage prepaid), return receipt requested, or delivered by overnight courier to the following addresses: As to the City: With a copy to: As to the Contracto r: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn : City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email : mlohman@pbgfl .com All Power Generators Corp 9841 NW 117 Way Medley, Florida 33178 Attn : Juan R. Garcia, President Email: allpwr@bellsouth.net b . Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. ARTICLE 5. TERM The term of this Agreement shall be from the effective date until February 28, 2021, unless terminated beforehand as provided for in Article 6 . Page 12 of 4 ARTICLE 6. TERMINATION City of Palm Beach Gardens Agreement No . ITB2016-056PS Comprehensive Generator Maintenance Services This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination , the Contractor waives any claims for damages from such termination , including, but not limited to, loss of anticipated profits . Unless the Contractor is in breach of this Agreement , the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens Agreement No. ITB2016-056PS Comprehensive Generator Maintenance Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor ATTEST: By: ____________ _ Patricia Snider, CMC, City Clerk ALL POWER GENERA TORS CORP \\pbgsnas\Attorney\attorney_share\AGREEMENTS\2016\AII Power Generators Corp-Gen Maint Svc-lTB2016-056PS Agmt.docx Page 14 of 4 EXHIBIT "A" City of Palm Beach Gardens Agreement No . ITB2016-056PS Co mprehensive Gen erator Maintenance Services PALM BEACH GAIDENS "A indqrle phll¥ to liw, leam. 1Wri & play" City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE-RECOMMENDATION TO AWARD DATE: December 22, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Service Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers received for the above-mentioned Solicitation. The City Manager or designee has recommended award of the contract to the following Bidder: NAME OF VENDOR: All Power Generators Corp DETAILS: Year One: $38,700 (Thirty Eight Thousand Seven Hundred Dollars) Year Two: $38,700 Year Three: $38,700 Year Four: $38,700 Year Five: $38,700 Total Contract Value: $193,500 (One Hundred Ninety Three Thousand Five Hundred Dollars) Options to Renew: None. NOTES: None. Per: ~f ~, CPPO, CPPB, CPSM, C.P .M., CAP-OM, CPCP Purchasing and Contracts Director c: Patty Snider, CMC City Clerk City of Palm Beach Gardens, Aortd1 Bid Tabulation ITB No.: IT82016-056PS Bid Title: Com rehenslve Generator Maintenance Services Bid Opening Date: Friday, December 11, 2015@ 3:00PM Prepared by: 1(../ e,. DOR AME: ZABAlT PO ER SY E Vendor FEIN 59·1889271 LL 0 E E E ORS 65-1130895 .. PALN B IA C H CA&DINI "A ___ ,,... __ .,,.,. ASSURANCE POWER SYSTEMS MEGAWAlTAGE OK GENERATORS PARAMO UNT POWER PEAK POWER SERVICES 2().3706628 06-1788554 59,.2473830 59-3306520 2().3516517 Medley, Fl Delray Beach, FL Fort U uderdale, FL Deerfle,ld Beach Largo , FL Tampa, FL CorporatlonAddress(State);l----'•-cJ<so_,_v1_11_e._FL ___ -t----------+-----------t----------,1-----------t----------+---------- v .. v .. v .. Vos Vos No AreSubmittal Fo rmsComplete?l-____ v_es ____ --t----------1-----------t----------+----------t----------1---------- No No No No No No ConvictlonOisdosure(Yes/No)I-____ N_o ____ -t----------1-----------1----------+----------t----------1---------- No No No No No No lncumbentVendor(Yes/No)I-____ N_a ____ -t----------1-----------t----------+----------t----------1---------- Yes Yes Yes v .. Yes Ya AddendaAcknowledged(Yes/No):I-----Y-es ____ -t----------l-----------t----------+----------t----------l---------- Vendor Contact (for this bid) J. Michael Sabal:ttr Juan R. Garda BtandonDavls Mkhae,I S. Jansen Rlchm!A.SWlrtl BradJonH Kevin &oyte1 30S.888.00S9 561.886.0470 954.328.0232 954.428.9990 727.536.9979 813 .248.5200 Ve ndor Con tact Ph oneNumberl-___ 904_._384_.4_50_5 ___ +----------+-----------4----------1----------+----------+---------- 305.888.2090 561.892.82'3 305.436.3736 95,.360.7969 727.530.1495 813.248.522• Vend orContattfa11 Numbe rl----904-.3_B4_,9_91_5 ___ +----------+-----------4----------1----------+----------+---------- Vendor Contact Email scrvlc:t@zabatt.com ;illpwr@bellsouth.net bcaOOOQ.d;1Vldi>auuranceDOwer com miansenPmc11w1ttacc com dchfl?ok1enerators.com bloncs@caramountcwr com kbovlcsPceakDOWCCSS!CYICU com NO. LOCATION 1 PREVENTATIVE MAINTENANCE SERVICES a Municipal Complex, City Hall $3,880.00 $3,450.00 $3,876.42 $3,450.00 $11,610 .00 $3,031.00 $4,294.75 Bums Ro~ Recreatio n Cente r $2,950.00 52.600.00 $2,835 .67 $2,900.00 $9,0 15.00 $3,031 .00 52,832 .75 c Public Works Department $2,350.00 52,125.00 $2,661.42 $2,900.00 $8,44-0.00 $3,031 .00 $2,483.75 Riverside Youth Enrichment Cent er $2,350.00 52,200.00 $2,661.42 $2,900.00 58,285 .00 $3,031.00 $2,483.75 e Police Cell Tower, Old Dixie Highway $2,205.00 $2,050.00 $2,613.42 $2,900.00 57,990.00 $3,031.00 $2,152.0 2 PubUc Services Building $2,350.00 52,125.00 $2,661 .42 $2,900.00 $8,240.00 53.031.00 $2,292.75 Fire Rescue Station No. 1 $2,950.00 52,625.00 $2,83 5.67 $2.875.00 $9,555.00 $3,031.00 $3,057.75 Fire Rescue Station No. 2 $2,470.00 $2,275.00 $2,661.42 $2,900.00 56,575 .00 $3,031 .00 $2,483 .75 I Fire Rescue Station No. 3 $2,900.00 52,600.00 52,756.92 $2,900.00 $9,320 .00 53,031.00 53,057.75 Fire Rescue Station No. 4 $2.72 0.00 $2,600.00 52,756.92 52,900.00 58,350.00 $3,031.00 52,995.75 Fire Rescue Station No. 5 52,720.00 52,600.00 52,756.92 $2,900.00 57,165.00 53,031.00 $2,995.75 I Public Works Department -Coleman $2,470.00 $2,200.00 $2,756.92 52,900.00 58,360.00 $3,031.00 $2,484.75 Public Worts Department -Terex $2,470.00 52,200.00 $2,756.92 52,900.00 58,390.00 $3,031.00 $2,484.75 n Public Works Department -Terex 52,350.00 $2,100.00 $2,661.42 $2,900.00 $8,440.00 $3,031 .00 $2,484.75 o Public; Works Department -Terex $2,350.00 $2,200.00 $2,661.4 2 $2,900.00 $8,440.00 $3,031 .00 $2,484.75 p Municipal Complex, PSA.P $3,100.00 S2,7SO.OO $2,835.67 $2,875.00 $9,415.00 $3,0 31 .00 $3,057.75 TOTAl ANNUAL PRJCE: $42.585.00 $31,700.00 $44,749.97 $46,900.00 $1)7,590.00 $48.496,00 $44,U7.27 EMERGENCY REPAI R SERVICES • Ell!ctr ician $85.00 $60.00 $65.00 $84.00 $12 5.00 $85.00 $110.00 Mechanic $85.00 $60.00 $65.00 $84.00 $1 25.00 $85.00 $90 .00 Technician/Repairman $85.00 $60.00 $65.00 $84.00 $125.00 585.00 $80.00 Technician's Hel per $85.00 $40.00 $45.00 $65.00 $75.00 $65.00 $75.00 e labore r $85.00 $40.00 $45.00 $60.00 $75.00 $65.00 570.00 M ark-Up on M aterials, Parts and Equipment '°" 10% 10% I°" 10% 10% 10% n&No.: ITB2016-056PS ComDrehenslve Generator Mai ntenance Services 8&d 0.-,lng Date: Friday, December 11, 2015 @ l:OOPM Plepan,dby: l<'...111,. ----...:.. PALM 8 &ACH G AIDI NI ... _ ...... a... ..... _,,.,.,. VENDOR NAM E: I ZABATT PO WER SYSIIMS I~~ I ASSURANCE POWER SYSTEMS I Vendo, FEIN I 59·1889271 I 65-U30895 I 20-3706628 I NOTE: This bid tabulation Is an lndiation of prices only and notadetennlnetion of the NSpClll5fve. responslble bidders. M EGA WATTAGE 06-1788SS4 TAW Power SystMnS was deemed non-responslw. The INdder t.led to provide I requited Yll ld and current license as an electrtcal, rnectwnk:11, or 1ener.l contnctor. I OK GENERATORS I PARAMOUNT POWER I I 59-3306520 I PEAK POWER SERVI CES I 20-3516517 ~<)°',.•'{;-'-'>ffi'..!''1'Ji :r rll•~ '4~_., ;{tei;~~ -~ 1:. :~~~ PALM BEACH GARDENS "A ll1lique p"1a 10 Im. learn. wort & play · City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE -RECOMMENDATION TO AWARD DATE: December 22, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Service Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers received for the above-mentioned Solicitation. The City Manager or designee has recommended award of the contract to the following Bidder: NAME OF VENDOR: All Power Generators Corp DETAILS: Year One: $38,700 (Thirty Eight Thousand Seven Hundred Dollars) Year Two: $38,700 Year Three: $38,700 Year Four: $38,700 Year Five: $38,700 Total Contract Value: $193,500 (One Hundred Ninety Three Thousand Five Hundred Dollars) Options to Renew: None. NOTES: None. Per: ((,,,..! ~, CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director c: Patty Snider, CMC City Clerk City of Palm BNdl Gltdens, Florida Bid Tabulation IT8 No.: ITB2016-056PS Bid Title: Com rehenstve Generator Maintenance Services Btd Opening Date: Friday, December 11, 2015@) 3:00PM Prepare d by: K..I t. PALM B IACH GAIDIWS w,Allldfwplla,O/J'lf,,.,.., lll'Ofi:4""1" VENDOR NAME , ZABATT POWER SYSTEMS All POWER GENERATORS ASSURANCE POWER SYSTEMS MEGAWATTAGE OK GENERATORS PARAMOUNT POWER PEAK POWER SERVICES Vend~FEIN1------=s=~=1889::::2=7=1---+----6=~=1=13089===s----+----=2~~3=7066===28:.._ __ -l----=06-==1788::::S=S4:.._ __ ---t----5~~~2~47~~=30~---f-----'5=~=3306~5~2=0---+----~---'3~51~6=51~7----II COfpotatiooAddren(State):f----'-"-"'-o_nv_lll_•·-'-'----+----M-•d_lev_,,_L ___ -+----o-e_l,_,,_8_ea_c_h,_FL ___ +---'°-"-la_ud_e_rd_,1_,,_,_L __ -l----°"--rlle-ld_B•_•_ch ___ +-----la-'&_o_,,_L ___ --+----'-'m_p_,,_,_L ___ _ A.reSubmittalFormsComplete?I-----Y-es ____ -+-----Y-es ____ ---l-----Y., _____ I-----Y-•s ____ -+-----y-"'-----1-----Y-es ____ -+ _____ No ____ _ ConvictionOisclosure(Ves/No)I-----No-----+-----N-o ____ --+-----N_o ____ +-----N_o ____ -+ _____ N_• ____ -+------N_o ____ -+-----N• ____ _ lncumbentVendor(Ves/No)I-____ N_•-----+-----N-•------+-----No-----1-----N-o ____ -+-----N-• ____ -+------N-• ____ -+-----N• ____ _ Addenda Acknowledged (Ves/No):l-____ v_., ____ -+ _____ v_ .. ____ --+ _____ Y•_• ____ -+-_____ Y_••-----+-----Y-"'-----1-----'-''-----+-----'-"'----- Vendor Contact lforthis bidl1-__ J._M_kh_,.i_s._1>o_u.r ___ +-___ 1_u_,n_R_._Ga_rcill ___ --+ ____ en_nc1o_n_o,_v1s ___ -+-___ M_1_cn._.i_s._11_nse_n __ -+ ______ rd_A._s_ .... _ru ___ l-___ Br_ad_Jon_n ___ -+----"-''-'"_8_c,y.c.1_,, __ _ vendorContactPhoneNumberl-___ 904_._™_·•_sos ___ -+ ____ 30S_.888_.oos_• ___ 4-___ S6_1_.8_86_.04_70 ___ +---954-._328._0_23_2 ___ +----954-A_2s_.9990 ____ +---7-2_7.S_36_.99_79 ___ -+----8-13_.2_48_.s_2_00 __ _ Vendor contact fall Numberl-___ 904_._384_.99_1S ___ -+ ____ 30_5_.888_.2_090 ___ ---l,----S6-1_.8_9_2._82_4_3 ---l----30S_._436_.3_736 ___ -+ ____ 954_.3_60_.796_9 ___ -+-___ n_1._s30_.1_49_5 ___ +----•-13_.2_48_.s_2_24 __ _ Vendor Contact Email 5e,v1ce@zabatt-oom ;tllpwr@btllsputh.net brandon.g;vl$@aooranceoower.com mlansen@menwattaae com rlch@PkKeDCCi f0'Ui:9m blonue>onnmountowr-com kbovles@oeakooweoervlces com NO. LOCATION 1 PREVINTATIVE MAINTENANCE SERVICU • Municipal Comple1t, City Hall $3,880.00 $3,450.00 $3,876.42 $3,450.00 $11,610.00 Burns Road Recreation Center $2,950.00 $2,600.00 $2,835.67 $2,900.00 $9,015.00 $3,031.00 $2,832.75 c Public Works Department $2,350.00 52,125.00 $2,661.42 $2,900.00 $8,440.00 $3.031.00 $2,483.75 Riverside Youth Enrichment Center 52,350.00 $2,200.00 $2,661.42 $2,900.00 $8,285.00 $3,031.00 $2,483.75 c Police Cell Tower, Old Dix.ie Highway $2,205.00 $2,050.00 $2,613.42 $2,900.00 $7,990.00 $3,031.00 $2,152.02 f Public Services Building $2,350.00 $2,125.00 $2,661.42 $2,900.00 $8,240.00 $3,031.00 $2,292.75 Fire Rescue Station No. 1 $2,950.00 S2,625.00 $2,835.67 $2,875.00 $9,555 .00 $3,031.00 $3,057.75 Fire Resc ue Station No. 2 $2,470.00 $2,275.00 $2,661.42 $2,900.00 $6,575.00 $3,031.00 $2,483.75 I Fire Rescue Station No. 3 $2,900.00 $2,600.00 $2,756.92 $2,900.00 $9,320.00 $3,031.00 $3,057.75 Fire Rescue Station No. 4 $2,720.00 $2,600.00 $2,756.92 $2,900.00 $8,350.00 $3,031.00 $2,995.75 Fire Rescue Station No. S $2,720.00 $2,600.00 $2,756.92 $2,900.00 $7,165.00 $3,031.00 $2,995.75 1 Public Works Department · Coleman $2,470.00 $2,200.00 $2,756.92 $2,900.00 58,360.00 $3,031.00 $2,484.75 m Public Works Department · Terell $2,470.00 $2,200.00 $2,756.92 $2,900.00 $8,390.00 $3,031 .00 $2,484.75 n Public Works Department -Terell $2,350.00 $2,100.00 $2,661.42 $2,900.00 58,440.00 $3,031.00 $2,484.75 o Public Works Department· Terell $2,350.00 $2.200.00 $2,661.42 $2,900.00 $8,440.00 $3,031.00 $2,484.75 p Municlpal Complell, PSAP $3,100.00 $2,750.00 $2,835.67 $2,875.00 $9,415.00 $3,0 31.00 $3,057.75 TOTAL ANNUAL PRIQ: $42,.585,00 $)1,700.00 $44,749.97 $46,900,00 $U7,S90.00 $48,496.00 $44,U1.Z7 EMERGENCY REPAIR SERVICES • Electrician $85.00 $60.00 $65.00 $84.00 $125.00 $85.00 $110.00 Mechanic $85.00 $60.00 $65.00 $84.00 $125 .00 $85.00 $90 .00 c Technkian/Repairman $85.00 $60.00 $65.00 $84.00 $125.00 $85.00 $80.00 d Technkian's Helper $85.00 $40.00 $45.00 $65.00 $75.00 $65.00 $75 .00 e Laborer $85.00 540.00 $45.00 $60.00 $75.00 $65.00 $70.00 10% '°" '°" 10% 10% '°" NOT£: This bid tlbutation 11 •n lndk:atlan of prices only .nd not • detennlmidon of the responsive, raponslble bklmn. TAW Power Systems was deemed non-responsive. The Bickler falted to prOYtde 1 ""ulred vaNd ind current lkense Han eiectrlc:al. mechlnlcl~ or 1eneral contractor. TO: P A LM BEACH GAKD E NS "A ull/qw ploa ro /fw,, /Nim, wort <I play" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 3 All Potential Bidders DATE: November 30, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following questions were received from a potential Bidder, and the answers are provided as shown. Question 1: Response: Question 2: Response: Page 1 of 2 On page 17, section 3.2 -it states "exercise no less than 15 minutes" On page 17 section 3.3.a -it states "take fuel sample for lab testing (annual)" On page 18, section 3.3.e -it states "test no load operation" and then "test operation with building load (annual)" On page 19, section 3.3.f-it states "transfer test (bi-annual)" And On page 19 section 3.5 "4 hour load bank test every 6 months (bi-annual)" NFPA 110 Operational Inspection and Testing section 8.4.2 (1), (2) and (3) describes the testing for diesel generator sets in service (all your generators except page 22, Section 4, items h. and k.). The sections referenced above differ than what is required as far as the length of testing and frequency. Load banks are only required annually if the conditions are not met for monthly testing. Having to do load banks for 4 hours twice a year per the bid docs greatly increases the cost to the city when testing is only required annually for 2 hours. The standards and testing frequencies established in the Invitation to Bid are the requirements the Bidder must perform, irrespective of whether they are more stringent than those established by the NFPA or are more costly. Does the city want full slate testing on fuel or only water and sediment? The cost of full slate testing is greater than 4 times the cost of water and sediment only testing? The testing on fuel should be only for water and sediment. Full slate testing is not required. Question 3: Response: Question 4: Response: Question 5: Response: On page15 ofthe bid docs, section 2.14 Performance Bond states "intentionally omitted" yet page 31 & 32 (actual bid submittal pages) are the Sample Performance Bond Format. Are the Sample Performance Bond Format pages required to be submitted? As identified and stated in the Invitation to Bid, these as sample formats and not required for submittal. There is no Performance Bond requirement for this project. Same question as below for the Sample Payment Bond Format on pages 33 & 34 of the bid submittal. See response to Question 3 above. Also, page 40, section 9, exhibit A, Generator identification and location, number 9, Fire station 3, our research shows this to be a diesel generator, not gas or propane. Please clarify and or verify generator model number and fuel source. The City's Facilities staff have verified that the generator is fueled by natural gas, as stated in the Invitation to Bid. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. ~! ~. CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director Page 2 of2 TO: P AL M BEA C H GAID E KS ",f Nit ... p/4u 10 /ftle, kam. wont ,I play" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 2 All Potential Bidders DATE: November 19, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: FRIDAY, DECEMBER 11, 2015@ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following licensing requirements are added to the Invitation to Bid as Section 2.15. 2.15 CERTIFICATIONS/LICENSES Any Bidder which submits an offer in response to this Solicitation shall, at the time of such offer, hold a valid Electrical Contractor License, or Mechanical Contractor License, or a General Contractor License, issued by the State or County Examining Board qualifying the Bidder to perform the work proposed. If work for other trades is required in conjunction with this Solicitation and will be performed by a subcontractor(s), the applicable License issued to the subcontractor(s) shall be submitted with the Bidder's offer; provided, however, the City may at its option and in its best interest allow the Bidder to supply the subcontractor(s) license to the City during the Bid evaluation period. All other terms, covenants and conditions of the subject solicitat ion and any addenda issued thereto shall apply, except to the extent herein amended . ~! ~' CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director TO: PALM B EACH GARDENS •,4 .,,,,,,_ place to Ihle. INUn, ...,,,t & play " CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 1 All Potential Bidders DATE: November 17, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following question was received from a potential Bidder, and the answer is provided as shown. Question: Response: We have reviewed the bid and understood that you changed the response time to two hours. However, the load banking and ATS testing are still included in the scope and yet there is no requirement for a licensed electrician as the prime on this job. Perhaps the easiest way to settle this matter is to get the Chief Electrical Inspector at the Palm Beach Gardens Building Department to make a decision. He is the final authority having jurisdiction. The City's Chief Building official and the Electrical Inspector state that the firm selected to perform the Comprehensive Generator Maintenance Service does not need to be a licensed electrician provided the person who performs the electrical aspect of the maintenance work and the load bank testing is a licensed electrician. The generator firm must have a licensed electrician on staff or contract with a licensed electrician to perform the electrical aspects of the scope of work. Bidders must state in their bid response whether they have a licensed electrician on staff to perform the electrical aspect of the work or will contract with a licensed electrician to perform these services. A copy of the relevant license shall be included with the bid submittal. All other t erms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended . fl,,.!~. CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director INSTRUCTIONS PALM BEACH GARDENS ':4 unique place to live, lean,, work cl play•• The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Ga rd ens, FL 33410 PURCHASING DEPARTM ENT INVITATION TO BID ITB NO.: ITB2016-056PS TITLE: COMPREHENSIVE GENERATOR MAINTENANCE SERVICES DUE DATE AND TIME: FRIDAY. DECEMBER 11, 2015@ 3:00PM Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5 :00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened and read aloud at City Hall . Each Bid submitted to the City Clerk shall have the following i nformation clearly marked on the face of the envelope : the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid . Included in the envel o pe shall be a signed o rigi nal of the Solici t at io n Sum m ary and one (1) el ectro nic version of your Bid on CD or a thumb drive in a usable PDF format. If the Solicitation Summary is not included in the envelope as a hard copy, the City may deem your Bid non-responsive. A hard-copy of your Bid is not required. Bids must contain all information required to be included in the submittal, as described in this Solicitation. BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its Solic itation documents. The City's So licitation informatio n can be ob tained from: a) Public Pu rchase -Please contact Public Purchase at support@publicpurchase .com ; www.publicpurchase.com ; or call 801-932-7000 for additional information on registration; b) DemandStar -Please contact Deman dSt ar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City's Vend o r s List -The City ema ils all advertised Solicitations to vendo rs which have joined the City's Vendors list. To join the City's Vendor list, please visit the City's Purchasing webpage at www.pbgfl.com/purchasing and cl ick on the "Joi n Vendors list" li nk . Bidders who obtain Solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City will not evaluate incomplete Bid packages . DemandStar and Public Purchase are independent entities and are not agents or representatives of the City. Communicat ions to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the t ransmission or downloading of any documents, addenda, plans, or specifications from these websites . In the event of any discrepancy between information on these websites and the hard copy Solicitation documents, the terms and co nditions of the hardcopy documents will prevail. CONTACT PE RSON Any questions regarding the specifications and Solicitation process must be submitted in writing to the Purchas i ng Department for the Purchasing and Contracts Director at kmra@pbgfl.com . To allow enough time for the City to respond, requests for clarification and additiona l information should be r eceived at least forty-eig ht (48) hours before the Due Date for Bids. Page 11 P AL M B EAC H G A RD E NS •:.4 unique placd to live, karn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 LEGAL ADVERTISEMENT City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services INVITATION TO BID NO. ITB2016-056PS Comprehensive Generator Maintenance Services The City of Palm Beach Gardens is seeking Bids from qualified firms to provide comprehensive generator maintenance services at several City facilities, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning Monday, November 16, 2015, at 8:00 a.m. local time on the City of Palm Beach Gardens website at www.pbgfl.com and following the link to the Purchasing webpage, or by contacting the City Clerk's Office at (561) 799-4121. Sealed Bid packages must be clearly marked "ITB2016-056PS, Comprehensive Generator Maintenance Services" and delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410. The deadline for submission of Bids is Friday, December 11, 2015, at 3:00 p.m. local time. At that time, the Bids will be publicly opened and read aloud at City Hall, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late Bids will not be accepted and will be returned to the sender unopened. It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Solicitation package. Any questions regarding the completeness or substance of the Solicitation package or the goods or services must be submitted in writing via email or fax to Km! Ra, Purchasing and Contracts Director, kmra@pbgfl .com or (561) 799-4134. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all Bid submittals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, November 15, 2015 Page I 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page I 3 TABLE OF CONTENTS SECTION General Terms and Conditions Special Terms and Conditions Oty of Palm Beach Gardens ITB No. ITB2016-056P5 Comprehensive Generator Maintenance Services PAGE 4 12 Technical Specifications, Statement of Work, or Scope of Services 17 Bid Submittal Pricing Schedule 22 Acknowledgement of Addenda 24 Signature Page 25 Affidavits, Performance and Payment Bonds Format, Letter of Credit Format 26 Sample Agreement Format 37 Exhibits (if applicable) 40 Solicitation Summary (MUST BE INCLUDED AS A HARD-COPY IN THE BID PACKAGE) 42 City of Palm Beach Gardens ITB No. IT82016-056PS Comprehensive Generator Maintenance Services SECT ION 1 GENERAL TERMS AND CO NDITI ONS l.l DEFINITIONS a. Bid: any offer(s) submitted in response to on Invitation to Bid. b. Bidder: person or firm submitting a Bid in response to on Invitation to Bid. c. Bid Solicitation or Invitation to Bid: this Solicitation documentation, including any and all addenda. d. Bid Submittal Form: describes the goods or services to be purchased, and must be completed and submitted with the Bid. e. City: shall refer to the City of Palm Beach Gardens, Florido. f Contract or Agreement: the Invitation to Bid, all addenda issued thereto, oil affidavits, the signed agreement, and all related documents which comprise the totality of the contract or agreement between the City and the Bidder. g. Contractor: successful Bidder or Bidder who Is awarded a contract to provide goods or services to the City. h. Invitation to Bid: formal request for Bids from qualified Bidders. i. Purchasing Department: the Purchasing Deportment of the City of Palm Beach Gardens, Florido . j. Responsible Bidder:a Bidder which has the capability in all respects to perform in full the contract requirements, as stated in the Invitation to Bid, and the integrity and reliability that will assure good-faith performance. k. Responsive Bidder: a Bidder whose Bid conforms in all material respects to the terms and conditions included in the Invitation to Bid. 1.2 CONE OF SILENCE 1.3 Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Palm Beach Gardens, all Solicitations, once advertised and until the appropriate authority has approved on award recommendation, are under the ncone of Silencen. This limits and requires documentation of communications between potential Bidders and/or Bidders on City Solicitations, the City's professional staff, and the City Council members. ADDENDUM The Purchasing Deportment may issue on addendum in response to any inquiry received, prior to the close of the Solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the Solicitation . The Bidder Page I 4 1.4 should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the Solicitation document or In the addenda issued. Where there appears to be a conflict between the Solicitation and any addenda, the lost addendum issued shall prevail. It is the vendor's responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with its Bid or Bid a signed nAcknow/edgment of Addendan form, when any addenda hove been issued. LEGAL REQUIREMENTS This Solicitation is subject to a/I legal requirements contained In the applicable Qty Ordinances and Resolutions, as well as oil applicable City, State, and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State, and local. 1.5 CHANGE OF BID 1.6 1.7 1.8 Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid (as indicated on the cover page) with a letter on the firm's letterhead, signed by on authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. WITHDRAWAL OF BID A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the Purchasing Department prior to the Bid opening dote may withdraw a Bid. A Bid may also be withdrawn ninety (90) days after the Bid hos been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Techn ical Specifications, the Bid Submittal Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. PROMPT PAYMENT TERMS It Is the policy of the City of Palm Beach Gardens that payment for all purchases by City departments shall be made in a timely manner. The City will pay the awarded Bidder upon receipt and acceptance of the goods or services by a duly authorized 1.9 representative of the City. In accordance with Section 218. 74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty {30} days from receipt of a proper invoice. Proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the City Manager or designee, not later than sixty {60) days after the date on which the proper invoice was received by the City. DISCOUNTS (PROMPT PAYMENTS) The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during Bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the Solicitation. 1.10 PREPARATION OF BIDS 1.11 Page I 5 a. The Bid forms define requirements of Items to be purchased, and must be completed and submitted with the Bid. Use of any other forms will result in the rejection of the Bidder's offer. The Bid submittal forms must be legible. Bidders shall use typewriter, computer, or ink. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the Bid to be rejected. b. An authorized agent of the Bidder's firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive. c. The Bidder may be considered non-responsive if Bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this Solicitation. d. The Bidder may submit alternate Bid(s) for the same Solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted as a separate Bid submittal marked "Alternate Bidn. e. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevalf. f. Late Bids will not be accepted and will be returned to the sender unopened. It is the Bidder's responsibility to ensure timely delivery by the due date and time, and at the place stated in this Solicitation. No exceptions will be made due to weather, carrier, traffic, illness, or other issues. CANCELLATION OF BID SOLICITATION The City of Palm Beach Gardens reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the City. 1.12 1.13 1.14 City of Palm Beach Gardens ITB No. ITB2016--056P5 Comprehensive Generator Maintenance Services AWARD OF CONTRACT a. The contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the Solicitation. The City reserves the right to reject any and all Bids, to waive irregularities or technicalities, and to re-advertise for all or any part of this Bid Solicitation as deemed in its best interest. The City shall be the sole judge of its best interest. b. The City reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the City's best Interest to do so. c. The City reserves the right to negotiate prices with the responsive and responsible low Bidder, provided that the scope of work of this Solicitation remains the same. d. The Bidder's performance as a prime contractor or subcontractor on previous City contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation. e. The City will provide a copy of the Bid Tabulation to all Bidders responding to this Solicitation. f. The Bid Solicitation, any addenda and/or properly executed modifications, the signed Agreement, the purchase order, and any change order(s) shall constitute the contract. g. The Purchasing and Contracts Director will decide all tie Bids. h. Award af this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation. i. The City reserves the right to request and evaluate additional information from any Bidder after the submission deadline as the City deems necessary. CONTRACT EXTENSION The City reserves the right to automatically extend any agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded. WARRANTY All warranties express and implied shall be made available to the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the City, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. 1.15 ESTIMATED QUANTITIES 1.16 1.17 Estimated quantities or dollars ore for Bidder's guidance only: (o) estimates ore based on the City's anticipated needs ond/ar usage; and (b) the City may use these estimates ta determine the low Bidder. No guarantee is expressed or implied as ta quantities or dollars that will be used during the contract period. The City is not obligated to place any order far the given amount subsequent ta the award of this Bid Solicitation. NON-EXCLUSIVITY It is the intent of the City to enter into on agreement with the awarded Bidder that will satisfy its needs as described herein. However, the City reserves the right as deemed in its best interest ta perform, or cause ta be performed, the work and services, or any portion thereof, herein described in any manner it sees [rt, including but not limited to, award of other contracts, use of any contractor, or perform the work with its awn employees. CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration dote of the current contract period shall, unless terminated by mutual written agreement between the City and the successful Bidder, continue until completion at the some prices, terms, and conditions. 1.18 BID PROTEST 1.19 Page I 6 A recommendation for contract award or rejection of award may be protested by o Bidder. The Bidder may file o written protest with the City Clerk's office. The Bidder shall file its written protest with the City Clerk, Monday through Friday, between the hours of 8:00 a.m . and 5 :00 p.m., excluding /ego/ holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representative (if any), and the title and Bid number of the Solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the City. The written protest must be received no later than seventy- twa (72) consecutive hours (excluding Saturdays, Sundays, and legal holidays) after the time of award pasting. Failure to file o timely formal written protest within the time period specified shall constitute o waiver by the Bidder of oil rights of protest. In the event of o timely protest, the City will not proceed further with award of the contract and agreement until oil administrative remedies are exhausted, or until the City Manager determines the award of the contract is immediately necessary ta protect the public health, we/fore, or safety. LAWS AND REGULATIONS The awarded Bidder shall comply with a/I laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. The Bidder shall be familiar with oil federal, state, and local laws that may affect the goods and/or services offered. 1.20 1.21 1.22 1.23 1.24 1.25 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services LICENSES, PERMITS AND FEES The awarded Bidder(s) shall hold oil licenses and/or certifications, obtain and pay for oil permits and/or inspections, and comply with a/I laws, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties, and/or fines imposed on the City or an awarded Bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded Bidder. SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract far default. ASSIGNMENT The awarded Bidder shall not assign, transfer, hypothecote, or otherwise dispose of this contract, including any rights, title, or interest therein, or its power to execute such contract to any person, company, or corporation without the prior written consent of the City. Assignment without the prior consent of the City may result In termination of the contract for default. SHIPPING TERMS Unless otherwise specified in the Bid Salicitotian, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. RESPONSIBILITIES AS EMPLOYER The employee(s) of the awarded Bidder shall be considered ta be at all times its employee(s), and not on employee(s) or agent(s) of the City or any of its departments. The awarded Bidder shall provide physically competent emp/oyee(s) capable of performing the work as required. The City may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder shall wear proper identification. It is the awarded Bidder's responsibility to ensure that oil its employees and subcontractors comply with the employment regulations required by the US Deportment of Homeland Security. The City shall hove no responsibility to check or verify the legal immigration status of any employee of the awarded Bidder, INDEMNIFICATION The awarded Bidder shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities from any and all liability, lasses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents, or instrumentalities may incur as o result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating ta, or resulting from the performance of the agreement by the 1.26 1.27 1.28 Page I 7 awarded Bidder or its empfoyees, agents, servants, partners, principafs, or subcontractors. The awarded Bidder shaf/ pay af/ claims and losses in connection therewith, and shaf/ investigate and defend afl claims, suits, or actions of any kind or nature in the name of the City, where appficable, including appef/ate proceedings, and shaf/ pay af/ costs, judgments, and attorney's fees which may be incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder shaf/ in no way limit the responsibility to indemnify, keep and save harmfess, and defend the City or its officers, employees, agents, and instrumentafities as herein provided. COLLUSION A Bidder recommended for award as the result of a competitive Solicitation for any City purchases of supplies, materials, and services (including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shafl, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the City, stating either that the contractor is not related to any of the other parties Bidding in the competitive Solicitation or identifying af/ related parties, as defined in this Section, which Bid in the Solicitation; and attesting that the contractor's Bid is genuine and not a sham or cof/usive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other Bidder to put in a sham Bid, or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not In any manner sought by collusion to secure to the Bidder an advantage over any other Bidder. In the event o recommended Bidder identifies related parties in the competitive Solicitation its Bid shall be presumed to be collusive and the recommended Bidder shaf/ be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. MOD/FICA T/ON OF CONTRACT The contract may be modified by mutual consent, in writing, through the issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, as appropriate. TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate any contract entered into pursuant to this Invitation to Bid (/TB) with or without cause immediately upon providing written notice to the awarded Bidder. Upon receipt of such notice, the awarded Bidder shall not incur any additional costs under the contract. The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the notice of termination. The City shaf/ be the sole judge of "reasonable costs. N 1.29 1.30 1.31 1.32 1.33 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services TERMINATION FOR DEFAULT The City reserves the right to terminate this contract, in part or in whole, or place the vendor on probation in the event the awarded Bidder fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by specifying a reasonable time period within which the awarded Bidder must cure any such failure to perform or default. The awarded Bidders' failure to timely cure any default shafl serve to automatically terminate any contract entered into pursuant to this /TB. The City further reserves the right to suspend or debar the awarded Bidder in accordance with the appropriate City ordinances, resolutions, and/or policies. The vendor will be notified by letter of the City's intent to terminate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. Alf re-procurement costs shaf/ be borne by the incumbent Bidder. FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such Individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. ACCESS AND AUDIT OF RECORDS The City reserves the right to require the awarded Bidder to submit to an audit by an auditor of the City's choosing at the awarded Bidder's expense. The awarded Bidder shall provide access to all of its records, which relate directly or indirectly to this Agreement, at its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City for three (3) years following expiration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts. PRE-AWARD INSPECTION The City may conduct a pre-award inspection of the Bidder's site or hold a pre-award quafification hearing to determine if 1.34 1.35 Page I 8 the Bidder is capable of performing the requirements of this Bid Solicitation. PROPRIETARY AND/OR CONFIDE NTIAL INFORMATION Bidders are hereby notified that all information submitted as part ot or in support of Bid submittals will be available for public inspection after the opening of Bids in compliance with Chapter 119 of the Florida Statutes, popularly known as the 0 Public Record Law." The Bidder shall not submit any information in response to this Solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the City in connection with this Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits information to the City in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the Bid as protected or confidential, the City may, In its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder's withdrawal of the confidentiality restriction, or (b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the Bid. The redaction or return of information pursuant to this clause may render a Bid non-responsive. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists the City of Palm Beach Gardens with a function or activity involving the use or disclosure of "individually identifiable health information (/IHI) and/or Protected Health Information (PHI} shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to: a. Use of information only for performing services required by the contract or as required by law; b. Use of appropriate safeguards to prevent non-permitted disclosures; c. Reporting to the City of Palm Beach Gardens any non- permitted use or disclosure; d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that I/HI/PHI will be held confidential; e. Making Protected Health Information (PHI) available to the customer; f Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; 1.36 1.37 1.38 1.39 1.40 City of Palm Beach Gardens ITB No. ITB2016-056PS Com p rehensive Generator Ma intenance Services g. Making PHI available to the City of Palm Beach Gardens for an accounting of disclosures; and h. Making internal practices, books, and records related to PHI available to the City of Palm Beach Gardens for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records and/or electronic transfer of data). The Bidder must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. ADDITIONAL FEES AND SURCHARGES Unless provided for in the contract/agreement, the Qty will not make any additional payments such as fuel surcharges, demurrage fees, or delay-in-delivery charges. COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards {NIOSH), and the National Fire Protection Association (NFPA). COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or services to be acquired under this So licitation are to be purchased, in part or in whole, with Federal funding, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which addresses Affirmative Action requirements for disabled workers, is incorporated into this Solicitation and resultant contract by reference. BINDING EFFECT All of the terms and provisions of this contract/agreement, whether so expressed or not, shall be binding upon, inure to the benefit ot and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. SEVERABILITY The City's obligation pursuant to any contract or agreement entered into in accordance with this Solicitation is specifically contingent upon the lawful appropriation a/funds. Failure to lawfully appropriate funds for any contract or agreement awarded shall result in automatic termination of the contract or agreement. A non-appropriation event shall not constitute a default or breach of said contract or agreement by the City. 1.41 GOVERNING LAW AND VENUE This contract and all transactions contemplated by this agreement shall be governed by and construed and enforced in accordance with the Jaws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in 1.42 1.43 1.44 1.45 1.46 Page I 9 Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. ATTORNEY'S FEES It is hereby understood and agreed that in the event any lawsuit In the judicial system, federal or state, is brought to enforce compliance with this contract or interpret same, or if any administrative proceeding is brought for the same purposes, each party shall pay their own attorney's fees and costs, including appellate fees and costs. EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity in the award of contracts and encourages small, local, minority, and female- owned businesses to participate. During the performance of this contract, the awarded Bidder agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the contract. The awarded Bidder shall strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida, Palm Beach County and the federal government. The awarded Bidder further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the Solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. AVAILABILITY OF CONTRACT TO OTHER CfTY DEPARTMENTS It is agreed and understood that any City department or agency may access this contract and purchase the goods or services awarded herein. Each City department will issue a separate purchase order to the awarded Bidder for the department's specific purchases. CRIMINAL HISTORY BACKGROUND CHECKS Prior to hiring a contract employee or contracting with a Bidder, the City may conduct a comprehensive criminal background check by accessing any Federal State, or local law enforcement database available. The contract employee or Bidder will be required to sign an authorization for the City to access criminal background information. The costs for the background checks shall be borne by the City. LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere in the Solicitation or resultant contract, al/ labor, materials, and equipment required for the performance of the requirements of the Contract shall be supplied by the awarded Bidder. 1.47 1.48 1.49 1.50 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and living wage requirements, such as living Wage requirements, minimum wages based on Federal Law, minimum wages based on the Davis-Bacon Act, and the provisions of any other wages laws, as may be applicable to this Contract. PACKING SLIP AND DELIVERY TICKET A packing slip and/or delivery ticket shall accompany all items during delivery to the City. The documents shall include information on the contract number or purchase order, any back order items, and the number or quantity of items being delivered. PURCHASE OF OTHER ITEMS The City reserves the right to purchase other related goods or services, not listed in the Solicitation, during the contract term. When such requirements are identified, the City may request price quote(s) from the awarded Bldder(s) on the contract. The City, at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another contract vendor, or a non-contract vendor. PUBLIC RECORDS Florida law provides that municipal records shall at all times be available to the public for inspection. Chapter 119, Florida Statutes, the Public Records law, requires that all material submitted in connection with a Bid response shall be deemed to be public record subject to public inspection upon award, recommendation for award, or thirty (30) days after Bid opening, whichever occurs first. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. If the Bidder believes any of the information contained in his/her/its Bid is considered confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and is exempt from the Public Records Law, then the Bidder, must In its response, specifically identify the material which is deemed to be exempt and state the legal authority for the exemption. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "EXEMPT FROM PUBLIC DISCLOSURE" with the firm's name and the Bid number clearly marked on the outside. The City will not accept Bids when the entire Bid is labeled as exempt from disclosure. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. The awarded Bidder(s) shall keep and maintain public records and fully comply with the requirements set forth at Section 119.0701, Florida Statues, as applicable; failure to do so shall constitute a material breach of any and all agreements awarded pursuant to this Solicitation . 1.51 1.52 1.53 1.54 1.55 CONFLICTS OF INTEREST All Bidders must disclose with their Bid the nome of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of ony City employee who has any interest, financial or otherwise, direct or indirect, of five percent (5%) or more in the Bidders' firm or any of its branches. Failure to disclose any such affiliation will result in disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating in any future Bids with the City. PUBLIC ENTITY CRIMES As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a pub/le entity for the construction or repair of a public building or pub/le work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. OTHER GOVERNMENTAL AGENCIES If a Bidder is awarded a contract as a result of this /TB, the Bidder shall allow other governmental agencies to access this contract and purchase the goods and services under the terms and conditions at the prices awarded, as applicable . COMPLETION OF WORK AND DELIVERY All work shall be performed and all deliveries made in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the awarded Bidder(s), except in such cases where the completion date will be delayed due to acts of nature, farce majeure, strikes, or other causes beyond the control of the awarded Bidder. In these cases, the awarded Bidder shall notify the City of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the City. FAILURE TO DELIVER OR COMPLETE WORK Should the awarded Bidder(s) fail to deliver or complete the work within the time stated in the contract, it Is hereby agreed and understood that the City reserves the authority to cancel the contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete the work. If the City exercises this authority, the City shall be responsible for reimbursing the awarded Bidder for work that was completed, and items delivered and accepted by the City in accordance with the contract specifications. The City may, at its option, demand payment from the awarded Bidder, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the City as a result of having to secure the services of another vendor. Page I 10 1.56 1.57 1.58 1.59 1.60 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services CORRECTING DEFECTS The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three (3) calendar days after the City notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect, the City may (a) place the awarded Bidder in default of its contract; and/or (b) procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All awarded Bidders performing services or delivering goods under this contract shall conform to all relevant OSHA, State, and County regulations during the course of such effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed In areas traversed by persons, or when deemed necessary by the City. OMISSIONS IN SPECIFICATIONS The specifications and/or statement of work contained within this Solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content Is specifically requested, supplied by the awarded Bidder in conjunction with this Solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not conform ta specifications, (1) the materials may be returned to the awarded Bidder at the Bidder's expense and the contract cancelled; or (2) the City may require the awarded Bidder to replace the materials at the Bidder's expense. TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. 1.61 Accordingly, the awarded Bidder(s) performing under this contract are required to provide two (2) complete sets of Material Safety Data Sheets to each City department utilizing the any awarded products that are subject to these regulations. This information should be provided at the time when the initial delivery is made, on a department-by- department basis. TAXES The City of Palm Beach Gardens is exempt from Federal and State taxes for tangible personal property. 1.62 BIDDER'S COSTS 1.63 1.64 The City shall not be liable for any costs incurred by Bidders in responding to this Invitation to Bid. SUBSTITUTION OF PERSONNEL It fs the intention of the City that the awarded Bidder's personnel proposed for the contract shall be available for the initial contract term. In the event the awarded Bidder wishes to substitute personnel, the awarded Bidder shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the City's approval. In the event the substitute personnel are not satisfactory to the City, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract for cause. FORCE MAJEURE The City and the awarded Bidder are excused from the performance of their respective obligations under the contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: a. The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. b. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. Page 111 1.65 1.66 1.67 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services d. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the contract shall be extended by a period equal to that during which either party's performance is suspended under this section. NOTICES Notices shall be effective when received at the addresses specified in the contract/agreement. Changes in respective addresses to which such notices are to be directed may be made from time to time by either party by written notice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimile and email transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must also be mailed to the receiving party. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the successful Proposer and the City of Palm Beach Gardens. POOL CONTRACTS During the term of contracts and agreements that are executed as vendor pools, awarding vendors in prequalified pools of vendors, either as a general pool or by categories, sub-categories, or groups, the City reserves the right to add new vendors to these contracts for goods or services not awarded for the original Solicitation or as part of the general pool category, sub-category or group. To be eligible to be added to these pool contracts, a vendor must meet the same eligibility requirements established in the original Invitation to Bid. FISCAL FUNDING OUT The Qty's obllgation pursuant to any contract or agreement entered into in accordance with this Solicitation is specifically contingent upon the lawful appropriation of funds. Failure to lawfully appropriate funds for any contract or agreement awarded shall result in automatic termination of the contract or agreement. SECTION 2 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this Solicitation is to establish a Contract for the purchase of comprehensive generator maintenance services, including emergency repairs, for several stationary and mobile generators, for the City of Palm Beach Gardens, Florida. 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE-BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT: Five (5) Years The Contract shall commence on the date of the duly executed Agreement, and shall remain in effect for Five (5) Years, contingent upon the completion and submittal of all required Bid documents. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHODS OF AWARD: Lowest Priced Bidder: and Secondary and Tertiary Bidders The City will award the Preventative Maintenance Services portion of this Contract, to the responsive and responsible Bidder who submits the lowest price to perform the Service. To be considered for award of this portion of the Contract, the Bidder must submit a price for each generator listed . If a Bidder fails to offer a price for each generator listed, the City will deem the Bidder non-responsive. The City may also award Primary, Secondary, and Tertiary Bidders for the Emergency Repair Services portion of the Contract. If the City chooses to award the Emergency Repairs to multiple Bidders, then the City will designate the Bidder awarded the Preventative Maintenance Services portion as the Primary Vendor, and then award the Secondary and Tertiary Vendors based on the lower prices submitted. The Primary vendor shall have the primary responsibility for responding in an emergency. If the Primary Vendor is unable to respond, or the City is unable to contact the Primary Vendor, then the City will contact the Secondary Vendor, and if necessary, then the Tertiary Vendor to perform the work. The City reserves the right to use a non -contract vendor to perform the work if the City is unable to contact any of the vendors under this Contract. The City shall have the right to terminate from the Contract the Primary, Secondary, or Tertiary Vendors for failure to respond to a City request for emergency repairs. MINIMUM CRITERIA FOR AWARD To be considered for award under this Solicitation, Bidders must provide written evidence showing that they meet the following minimum criteria: Page I 12 Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services a. The Bidder has been in the business of providing satisfactory Comprehensive Generator Maintenance Services for at least three (3) years, to public or private clients. b. The Bidder has the necessary staff, trained and certified technicians, tools and equipment, vehicles, and/or subcontractors to perform the services required under the Contract. c. The Bidder must have communications avai lable for contact by the City on a 24-hour basis. 2.7 PRICES If the Bidder is awarded a Contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the Contract Term. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT Prior to submitting its offer, it is recommended that the Bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Bidder is also advised to examine carefully any drawings, specifications, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation and equipment inspections please contact the City department's representative Joe Corrao at 561.804.7049 for an appointment. 2.10 EMERGENCY RESPONSE TIME The Bidder must state in its Bid that it is capable of responding to an emergency request from the City, and be on site within Two (2) Hours of notification. The City reserves the right to deem a Bidder non-responsible as a vendor, if the Bidder is unable to respond to a City emergency request within the Two (2) Hour period. 2.11 NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS The work contemplated under the Contract resultant from this Solicitation must meet the standards established under NFPA 110. The City's expectations are that the awarded Bidder(s} must have the staffing, qualifications, equipment, and experience to perform the work on the generator systems to meet NFPA 110 for Level 2 emergency power generator systems . By submitting a bid in response to this Solicitation, Bidders are attesting that they can and will perform the work to meet the requirements of the NFPA 110 Standard. The standards established in NFPA 110 for Level 2 power generator systems are incorporated into this Solicitation by reference. Page I 13 Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services 2.12 INSURANCE The awarded Bidder shall not commence any performance pursuant to the terms of this Bid until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the awarded Bidder's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The awarded Bidder must submit a current Certificate of Insurance, naming the City of Palm Beach Gardens as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The awarded Bidder shall provide insurance coverage as follows : i. WORKERS COMPENSATION Awarded Bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this Solicitation. ii. COMPREHENSIVE GENERAL LIABILITY Awarded Bidder shall carry Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00}; and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars ($1,000,000.00}, the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). iii. AUTOMOBILE LIABILITY Awarded Bidder shall carry Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00} each occurrence. The awarded Bidder must submit, no later than ten (10} days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. 2.13 BID BOND/GUARANTY Intentionally Omitted Page I 14 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Intentionally Omitted City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services 2.16 METHOD OF PAYMENT: Periodic Invoices for Completed Work The awarded Bidder shall submit an invoice to the City after work has been performed and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the performance of the service. Under no circumstances shall the invoice be submitted to the City in advance of the performance of the work. The invoice shall contain the following basic information: the awarded Bidder's name and address, invoice number, date of invoice, description of the service performed and the location, the Contract number, purchase order number, and any discounts. 2.17 PURCHASE OF PARTS AND OTHER MATERIALS FOR EMERGENCY REPAIRS The City may request that the awarded Bidder(s) purchase a part or equipment to repair a generator, when such purchase will expedite the repairs to the generator. In such i nstances, the awarded Bidder(s) shall have the right to charge a Handling Fee of no more than Ten Percent (10%) of the cost of the part or equipment. This Handling Fee shall not be applicable to labor or other charges on the awarded Bidder(s) invoice. The City may request a copy of the awarded Bidder(s) supplier's invoice to verify the price of the part or equipment. 2.18 WARRANTY REQUIREMENTS In addition to all other warranties that may be supplied by the Bidder, the awarded Bidder(s) shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of One (1) Year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded Bidder is under Contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the awarded Bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONAL FACILITIES Although this Solicitation and resultant Contract identifies specific facilities to be serviced, it is hereby agreed and understood that any City department or agency facility may be added to this Contract at the option of the City, for similar services. When required by the pricing structure of the Contract, awarded Bidders shall be invited to submit price quotes for these additional facilities. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current awarded Bidder(s) that offers the lowest acceptable pricing. If this Contract has a single awarded Bidder, the additional site(s) may be added to this Contract by formal modification of the Contract. The City may determine to obtain price quotes for the additional facilities from non-Contract vendors in the event that fair and reasonable pricing is not obtained from the current awarded Bidders, or for other reasons at the City's discretion . Page I 15 2.20 MAINTENANCE, REPAIR, AND OPERATING SUPPLIES Oty of Palm Beach Gardens ITB No. ITB2016-056P5 Comprehensive Generator Maintenance Services Except for replacement parts and equipment, the awarded Bidder shall be responsible for providing all maintenance, repairs, and operating (MRO) supplies to perform the work required under the Contract. Such MRO items shall include filters, oils, grease, screws, bolts, fasteners, and other items. 2.21 CLEAN UP The awarded Bidder shall remove all unusable materia ls and debris from the work areas at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the City's authorized representative. 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE The hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted. 2.24 MOTOR VEHICLE LICENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE-CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder must identify any and all subcontractors that will be used in the performance of the proposed Contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the Bidder fails to identify any and all sub-Contractors in the Bid, the Bidder may be allowed to submit this documentation to during the Bid evaluation period if such action is in the best interest of the City. 2.29 OTHER FORMS OR DOCUMENTS If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or documents. Page I 16 SECTION 3 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services STATE M ENT OF WORK AND TEC HNICAL SPECIFICATIONS 3.1 PROJECT SCOPE The intent of this Solicitation is to Contract with a suitably qualified and experienced firm to perform Comprehensive Generator Maintenance Services for the City of Palm Beach Gardens. The awarded Bidder{s) must have the capacity and capability to service the entire standby power generation systems. All maintenance and inspection services must be completed in accordance to NFPA {National Fire Protection Association) 110, Standard for Emergency and Standby Power Systems, effective February 2016 and shall be updated as new standards become available. All City generators are classified as Level 2 under NFPA 110 standards. (Chapter 4.4.2) 3.2 MONTHLY SERVICE AND PERFORMANCE INSPECTION Every month. the awarded Bidder shall perform the following minimum services and inspections for each generator system. a. LUBRICATION SYSTEM Check oil level Inspect engine seals for leaks Inspect lube oil for obvious contamination Take oil sample for lab testing (annual) General overview visual check Document and log all findings b. COOLANT SYSTEM Check coolant level and top off General overview visual check Document and log all findings c. GENERATOR Exercise generator for no less than 15 minutes General overview visual check Document and log all findings 3.3 QUARTERLY SERVICE AND PERFORMANCE INSPECTION Every 3 months (quarterly), except as otherwise indicated, the awarded Bidder shall perform the following minimum services and inspections for each generator system . a. FUEL/EXHAUST SYSTEM Inspect air filters Page I 17 Take fuel sample for lab testing (annual) Inspect intake system Inspect exhaust system Test fuel transfer pumps and lines Inspect gas lines for leaks or corrosion Inspect gas and fuel tanks Check gas and fuel levels Inspect carburetors, regulators, and linkages General overview visual check Document and log all findings b. BATIE RY Check charger and gauges Inspect racks, mountings, and casings Inspect cabling condition Inspect connections and clean Check electrolyte levels and fill Load test General overview visual check Document and log all findings c. COOLANT SYSTEM Test coolant protection levels (bi -annual) Inspect hoses Inspect for leaks Inspect radiator cap General overview visual check Document and log all findings d. ENGINE Inspect belts and tension Inspect and lubricate all governor linkage Adjust governor linkage (as needed) Test starter operation Check engine block heater operation Check of all gauges and meters Inspect crankcase breather and clean (as needed) General overview visual check Document and log all findings e . GENERATOR Check unit voltage and adjust Check frequency of output voltage and adjust Check exciter rotor City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Clean/Inspect DC commutator and slip rings (as applicable) Inspect all cabling connections Page I 18 Check for any bearing, grinding, or arcing Foreign debris check Test no load operation Test operation with building load (annual) Check control panel operation General overview visual check Document and log hour meter/run time f. TRANSFER SWITCH Check of all gauges and meters Test all alarms and auto shutdowns Inspect all safety switches Check the exerciser clock operation Check wiring and connectors Check relays and controls Transfer Test (bi-annual) General overview visual check Document and log all findings g. GENERAL Inspect condition of all mountings Inspect weather protection Inspect/check safety shutdown devises Inspect/adjust locks, latches, and weather seals Check fans dampers and louvers General overview visual check Document and log all findings 3.4 ANNUAL SERVICE AND PERFORMANCE INSPECTION City of Palm Beach Gardens ITB No. ITB201fH>56PS Comprehensive Generator Maintenance Services The Annual Service and Performance Inspection includes all items in the Monthly and Quarterly Services and Performance Inspections, plus the following items listed below: a. Change oil b. Change oil filters c. Lube grease fittings d. Change fuel filters e. Bleed fuel system f. Change coolant filters g. Change air filters (only if necessary, after inspection) 3.5 FOUR (4) HOUR LOAD BANK TEST Every 6 months (bi-annually), the awarded Bidder shall perform a load bank test on all the generators covered by this Contract. The load bank test shall be reported w ith 15 minutes readings attesting to the following: a. Clean out exhaust piping to prevent wet stacking b. Determination cooling system efficiency c. Identifies problematic leaks in the lubrication system d. Ensures that the voltage and frequency is stable e. Tests the complete fuel system f . Evaporates moisture from windings and other components g. Tests overall cond it ion of the excitation system h. Tests governors and controllers under load Page I 19 i. Reseats piston rings and other engine components City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services j. Cleans out unburned product on valves, turbochargers and man ifolds k. Overall assurance that the unit will function when needed I. Document and log all findings 3.6 REPORTS, DOCUMENTATION AND LOGS The awarded Bidder(s) shall provide written reports, documentation, and logs each time a generator is serviced or repaired. This information shall be provided in a format that is acceptable to the City, and shall contain the names and signatures of the attend ing technicians or subcontractors. Reports, documentation, and logs should be emailed for the attention of Joe Corrao at jcorrao@pbgfl.com . 3.7 EQUIPMENT AND LOCATIONS The generators to be serviced under this Contract are identified in Exhibit A, Generator Identification and Location, which is attached to this Solicitation. 3.8 HURRICANE SEASON AND DISASTER MANAGEMENT The awarded Bidders under this contract must be available to respond to the City during the regular hurricane season, for any storm-related requests, whether for an emergency or not, and must also be available to participate in any City organized disaster-preparation activities when so requested. Page I 20 BID SUBMITTAL City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be one (1) original and one (1) electronic version on CD or a thumb drive in a usable PDF format. The original should be marked "ORIGINAL", and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be included in the submittal, as described in the Solicitation. Invitation to Bid No.: ITB2016-056PS Title: Comprehensive Generator Maintenance Services Name of Bidder Page I 21 4.1 PRICES AND RATES SECTION 4 PRICING SCHEDULE City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. COMPREHENSIVE GENERATOR MAINTENANCE SERVICES To supply labor, technicians, materials, and all MRO supplies to perform Comprehensive Generator Maintenance Service on the generating systems described in Exhibit A and below, and as per the frequencies and specifications detailed in Section 3, Statement of Work and Technical Specifications of this Invitation to Bid. PREVENTATIVE MAINTENANCE SERVICES ITEM 1 LOCATION MAKE MODEL ANNUAL COST a. Municipal Complex, City Hall, 10500 N Mil itary Trail Spectrum 750DS4 $ b. Burns Road Recreation Center, 4404 Burns Road Kohler 230REOZJB $ c. Public Works Department, 3704 Burns Road Terex OT90P $ d. Riverside Youth Enrichment Cen, 10170 Riverside Drive Generac 98A055580-S $ e. Police Cell Tower, Old Dixie Highway Onan GGFD-4959819 $ f. Public Services Building, 4301 Burns Road Magnum MMGSO $ g. Fire Rescue Station No. 1, 10500 N Military Trail Broad crown BCJD275-60 $ h. Fire Rescue Station No. 2, 11025 Campus Drive Kohler lOOREZGD $ i. Fire Rescue Station No. 3, 5161 Northlake Boulevard Generac 2424030600 $ j. Fire Rescue Station No. 4, 11264 Jog Road Wacker 5891169 $ k. Fire Rescue Station No. 5, 3913 Hood Road Kohler 180RZD $ I. Public Works Department, 3704 Burns Road Coleman CJ6T105SQ $ m. Public Works Department, 3704 Burns Road Terex OT180C $ n. Public Works Department, 3704 Burns Road Terex OT90P $ o. Public Works Department, 3704 Burns Road Terex OT90P $ p. Municipal Complex, PSAP, 10500 N Military Trail Kohler 350REOZDD $ TOTAL ANNUAL PRICE: $ Page I 22 ITEM 2 EMERGENCY REPAIR SERVICES -HOURLY RATES FOR WORKMEN /TECHS Electrician Mechanic Technician/Repairman Technician's Helper Laborer $ $ $ $ $ City of Palm Beach Gardens ITB No. ITB2016·056PS Comprehensive Generator Maintenance Services PER HOUR I. Maximum Mark-Up on Materials, Parts, and Equipment for Emergency Repairs (Must Not Exceed 10%): % II. The Bidder affirms that it has the capability and capacity to meet the TWO (2) HOUR Emergency Response Time: initials iii. The Bidder affirms that it has the resources, equipment, and subcontractors to perform the work: initials iv. The Bidder affirms that it is in the business of Comprehensive Generator Maintenance Services (at least 3 years): NOTE : The City will not pay any transportation, fuel surcharges, or additional fees added to the rates and prices above. Page I 23 PARTI: Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES List below the dates of issue for each addendum received in connection with this Solicitation: Addendum #1, Dated------------ Addendum #2, Dated------------ Addendum #3, Dated------------ Addendum #4, Dated------------ Addendum #5, Dated------------ Addendum #6, Dated------------ Addendum #7, Dated----------- Addendum #8, Dated------------ Addendum #9, Dated------------ Addendum #10, Dated----------- PART II: O NO ADDENDUM WAS RECEIV ED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature Name and Title (Print or Type) Date Page I 24 SECTION 6 City of Palm Beach Gardens ITB No. ITB2016--056PS Comprehensive Generator Maintenance Services BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address : Mailing Address (if different than Street Address): Telephone Number(s): ----------------- Fax Number(s): ------------------- Email Address:-------------------- Federal Employer Identification Number:------------------ Prompt Payment Terms: __ % __ days' net __ days Signature: ___________________________ _ (S ignature of authorized agent) Print Name:----------------- Title : ___________________ _ By signing this document the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/ Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page I 25 SECTION 7 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d. Non-Collusion Affidavit e. Sample Performance Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE f . Sample Payment Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE g. Sample Letter of Credit Format Page I 26 (if required, will be requested from bidder recommended for award) DO NOT COMPLETE City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services CONFLICT OF INTEREST DISCLOSU RE FORM The awa rd of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, o r indirectly, an interest of more than five percent {5%) in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following sta t ements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Bid. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page I 27 ···---.. , ....... ----- Cty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287 .017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page I 28 DRUG-FREE WORKPLACE Oty of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services _________________________ is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page I 29 NON-COLLUSION AFFIDAVIT City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services STATE OF ____ _ COUNTY OF ____ _ Before me, the undersigned authority, personally appeared ___________ ___J who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is of --------------' the Bidder that has submitted a Bid to perform work for the following: ITB No.: __________ _ Title: --------------- b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid . c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has 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 Solicitation and contract for which the attached Bid has been submitted orto refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. 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 of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before me this day of 2014, by who is personally known to me or who has produced _____________________ as identification. SEAL Page I 30 Notary Signature ____________ _ Notary Name:-------------- Notary Public (State):----------- My Commission No:------------ Expires on:--------------- Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SAMPLE PERFORMANCE BOND FORMAT KNOW All MEN BY THESE PRESENTS: that -------------------- (Insert full name and address or legal t itle of successful Bidder) as Principal, hereinafter called Contractor, and--------------------' (Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of _______________ _, ($ ___________ , for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated 2014, entered into Contract No. with the City i n accordance with the Solicitation specifications prepared by the City which Contract is by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Contractor shall be and declared by the City to be in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default or shall promptly: a. Complete the Contract in accordance with its terms and conditions; or b. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible Bidder, or if the City elects, upon determination by the City and the Surety jointly of the most responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph} sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including ot her costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance Page I 31 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services of the contract price", as used in this paragraph, shall mean the total amount payable by the City to Contractor under the contract and any amendments thereto, less the amount properly paid by the City to the Contractor. Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this ____ day of _________ __, 2014. (Principal) (Seal) (Witness) (Title) (Name of Insurer) Surety (Seal) By: ____________ _ (Witness) (Attorney-in-Fact) Page I 32 Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SAMPLE PAYMENT BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that-------------------- (Insert full name and address or legal title of successful Bidder) as Principal, hereinafter called Contractor, and------------------~ (Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of _______________ _, ($ __________ _,, for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated 2014, entered into Contract No . with the City in accordance with the Solicitation specifications prepared by the City which Contract is by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect. HOWEVER, this bond is subject to the following conditions and limitations: a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Contractor and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said Contract is to be performed or in any county in which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon. b) The Principal and Surety hereby designate and appoint--------------- Page I 33 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services ________________________ as the agent of each of them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety. c) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the final settlement of said Contract. d) This bond is given pursuant to and in accordance with the provisions of Florida Statutes, and all the provisions of the law referring to this character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this ____ day of _________ _, 2014. {Principal) {Seal) (Witness) (ntle) (Name of Insurer) Surety (Seal) (Witness) (Attorney-in-Fact) Page I 34 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SAMPLE LETTER OF CREDIT FORMAT APPLICANT: {Name of Corporation} __________ _ {Address} _____________ _ {City, State, Zip} ____________ _ BENEFICIARY: CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 FOR U.S.D. $ ___ _ DATE OF EXPIRATION: ______ _ LETTER OF CREDIT NO.: ------- ISSUANCE DATE: WE HEREBY ESTABLISH OUR IRREVOCABLE LETIER OF CREDIT NO. ___ IN FAVOR OF THE BENEFICIARY, THE CITY OF PALM BEACH GARDENS, FLORIDA (HEREINAFTER "PBG") FOR THE ACCOUNT OF THE ABOVE -R EFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON (Insert name of Bank) PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF (Insert the amount of money). THE AMOUNT REFERENCED ABOVE. DEMANDS OF THE LETIER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1) THAT SAID LETIER OF CREDIT IS ABOUT TO EXPIRE AND HAS NOT BEEN RENEWED, OR (2) THAT WORK HAS NOT BEEN COMPLETED IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: {Name of Project} --------------(THE 'PROJECT'). IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM EXPIRY DATE HER EOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY AMENDMENT, UNLESS THIRTY (30) DAYS BUT NO MORE THAN SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, OR BY COURIER VIA HAND DELIVERY AT THE ABOVE-LISTED ADDRESS, THAT WE ELECT NOT TO CONSIDER THIS LETIER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD . WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO {Name of Bank} (THE 'BANK'), WHICH IS DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT, AS DESCRIBED IN THIS LETIER OF CREDIT, IS PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LETIER OF CREDIT AND UPON Page I 35 City of Palm Beach Gardens ITB No. ITB2016--056PS Comprehensive Generator Maintenance Services PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDIT SHOULD PBG PREVAIL. DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO: {Name of Bank Branch} ___________ _ (Address} _______________ _ {City, State, Zip} _____________ _ ATTN: {Department} ____________ _ ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. PARTIAL DRAWINGS ARE PERMITTED. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED "DRAWN UNDER {Name of Bank} LETTER OF CREDIT NUMBER DATED _______ _, 20_." THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600", AND TO THE PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS LITTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. {Name of aank} _________ _ BY: __________ _ {Name} _______ _ {Title} _______ _ Page I 36 SECTION 8 Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SAMPL E AG REE MENT FORMAT Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and is subject to revisions. PLEASE DO NOT COMPLETE. AGREE ME NT THIS AGREEMENT is hereby made and en t ered into this __ day of 20_, (the "effective date") by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City''), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and a corporation (hereafter referred to as "Contractor"), whose address is------- WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Bid No. and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVIS IONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page I 37 i. As to the City: ii. with a copy to: iii. As to the Contractor: City of Palm Beach Gardens ITS No. ITB2016-056P5 Comprehensive Generator Maintenance Services City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Email : City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email : Attn.:. ___________ _ Email: ________ _ b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This term of this Agreement shall be from the effective date through _____ 20__, unless terminated earlier in accordance with terms set forth in the ITB. (Remainder of this page is intentionally left blank.) Page I 38 City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. [SEAL] ATTEST: By: _________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _________ _ R. Max Lohman, City Attorney WITNESS: CITY OF PALM BEACH GARDENS, FLORIDA By: _____________ _ Ronald M. Ferris, City Manager By: _____________ _ Print Name:-------------- Title: _______________ _ By: ____________ _ Print Name:------------ Page I 39 NO. LOCATION Municipal Complex, City Hall 1. 10500 N Military Trail Burns Road Recreation Cen 2. 4404 Burns Road Public Works 3. 3704 Burns Road Riverside Youth Center 4. 10170 Riverside Drive Police Cell Tower 5 . Old Dixie Highway Public Services Building 6. 4301 Burns Road Fire Station 1 7. 10500 N Military Trail Fire Station 2 8. 11025 Campus Drive Fire Station 3 9. 5161 Northlake Blvd Fire Station 4 10. 11264 Jog Road Fire Station 5 11. 3913 Hood Road Public Works* 12. 3704 Burns Road Public Works* 13. 3704 Burns Road Page I 40 SECTION 9 EXHIBIT A GENERATOR IDENTIFICATION AND LOCATION MAKE MODEL KW Spectrum 750054 750 Kohler 230REOZJB 225 Terex OT90P 72 Generac 98A055580-S 85 Onan GGFD-4959819 35 Magnum MMG80 55 Broad crown 800275-60 275 Kohler lOOREZGD 100 Generac 2424030600 200 Wacker 5891169 180 Kohler 180RZD 180 Coleman CJ6T10SSQ 105 Terex OT180C 135 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services FUEL TYPE STATIONARY /MOBILE Diesel Stationary Diesel Stationary Diesel Stationary LNG Stationary LNG Stationary Diesel Stationary Diesel Stationary LNG Stationary LNG Stationary Diesel Stationary LNG Stationary Diesel Mobile Diesel Mobile Public Works* 14. 3704 Burns Road Terex OT90P Public Works* 15 . 3704 Burns Road Terex OT90P Municipal Complex, PSAP 16. 10500 N Military Trail Kohler 350REOZDD NOTE: *Public Works is the storage site for all mobile generators. Page I 41 72 72 350 City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services Diesel Mobile Diesel Mobile Diesel Stationary IMPORTANT NOTICE SECTION 10 SOLICITATION SUMMARY The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT SOLICITATION SUMMARY Oty of Palm Beach Gardens ITB No . ITB2016-056PS Comprehensive Generator Maintenance Services The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the City determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. BID INFORMATION Proposal Number: ITB2016-056PS Title: Comprehensive Generator Maintenance Services Due Date and Time: Name of Proposer: Address: Contact Person: Bid Amount: Authorized Signature: Date: By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the City of Palm Beach Gardens . NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. Page I 42 l I I I I I i I I I 0 -:r ~~ \6 _.: \\--- ~ ~~~ I ,0 N .. u w 0 \J) - INSTRUCTIONS PALM BEACII GARDENS •;1 rml,111t.• 11l11n~ ,,, /ir .. •. lt.•t1n1, u·,011'· t.~~ p/11y•• The Cltv of Palm Beach Gardens 10500 North Mllltary Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITB NO.: ITB2016-056PS TITLE: COMPREHENSIVE GENERATOR MAINTENANCE SERVICES DUE DATE AND TIME: FRIDAY. DECEMBER 11, 2015@ 3:00PM Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trait, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened and read aloud at City Hall. Each Bid submitted to the City Clerk shall have the following Information clearly marked on the face of the envelope: the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bld. Included in the envelope shall be a signed original of the Solicitation Summary and one (1) electronlc version of your Bid on CD or a thumb drive In a usable PDF format. If the ~u:nma~s not included in the envelope as a hard copy, the City may deem your Bid non-responsive. A hard-copy of your Id is not required. Bids must contain all information required to be Included In the submittal, as described in this Solicitation. BROADCAST The City of Palm Beach Gardens utilizes electronic onllne services for notification and distribution of its Solicitation documents. The City's Sollcitatlon Information can be obtained from: a) Public Purchase • Please contact Public Purchase at support@publicpurchase.com; www.publicpurchase.com: or call 801-932-7000 for additional Information on registration; b) DemandStar • Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City's Vendors List -The City emails all advertised Solicitations to vendors which have joined the City's Vendors list. To join the City's Vendor List, please visit the City's Purchasing webpage at www.pbgfl.com/purchasfng and click on the "Join Vendors list" link. Bidders who obtain Solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be Incomplete. The City wilf not evaluate incomplete Bid packages. DemandStar and Public Purchase are Independent entitles and are not agents or representatives of the City. Communications to these entitles do not constitute communications to the City. The City is not responsible for errors and omissions occurring In the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy Solicitation documents, the terms and conditions of the hardcopy documents wilf prevail. CONTACT PERSON Any questions regarding the specifications and Solicitation process must be submitted In writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbgfl.com. To allow enough time for the City to respond, requests for clarification and additional Information should be received at least forty-eight (48) hours before the Due Date for Bids. · Page 11 PALM llliAC:11 GAt<l>ENS •:,1 m,1,,,w p/11n • 1,; //rL•. /1·111·,r. ,rur.t .~ ,,J,w"' The City of Palm Beach Gardens 10500 North Miiitary Trail Palm Beach Gardens, FL 33410 1.EGAL ADVERTISEMENT City of Palm Beach Ga1dens ITB No. lTB2016-056PS Comp1ehenslve Gene,ator Maintenance Services INVITATION TO BID NO. 1TB2016-056PS Comprehensive Generator Maintenance Services The City of Palm Beach Gardens is seeking Bids from qualified firms to provide comprehensive generator maintenance services at several City facilities, In accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning Monday, November 16, 2015, at 8:00 a.m. local time on the City of Palm Beach Gardens website at www.pbgfl.com and following the lin k to the Purchasing webpage, or by contacting the City Clerk's Office at (561) 799 -4121. Sealed Bid packages must be clearly marked "ITB2016-056PS, Comprehensive Generator Maintenance Services" and delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410 . The deadl!ne for submission of Bids is Friday, December 11, 2015, at 3:00 p.m . local time. At that time, the Bids will be publicly opened and read aloud at City Hall, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late Bids wlll not be accepted and wlll be returned to the sender unopened. It is the responsibility of the Bidder to ensure all pages are included In the submission. All Bidders are advised to closely examine the Solicitation pa cka ge . Any questions regarding the completeness or substance of the Solicitation package or the goods or services must be submitted in writing via email or fax to Km! Ra, Purchasing and Contracts Director, kmra@pbgfl.com or (561) 799-4134. The City of Palm Beach Gardens fs exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all Bid submittals, fn whole or in part, with or without cause, to waive any Irregularities and/or technfcalities, and to award the contract on such coverage and terms it deems will best serve the Interests of the City . . CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publlsh: Palm Beach Post Sunday,NovemberlS,2015 Page 12 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page I 3 TABLE OF CONTENTS SECTION General Terms and Conditions Special Terms and Conditions City of Palm Beach Gardens ITB No. ITB2016·056PS Comprehensive Generator Maintenance Services PAGE 4 12 Technical Specifications, Statement of Work, or Scope of Services 17 Bid Submittal Pricing Schedule 22 Acknowledgement of Addenda 24 Signature Page 25 Affidavits, Performance and Payment Bonds Format, Letter of Credit Format 26 Sample Agreement Format 37 Exhibits (if applicable) 40 Solicitation Summary (MUST BE INCLUDED AS A HARD-COPY IN THE BID PACKAGE) 42 SECTION 1 City of Palm Sea ch Gardens ITB No. ITB2016·056PS Comprehensive Generator Mainte nance Services GENE RA L TE RMS A ND CONDI TI ONS 1.1 DEFINITIONS o. Bid: any offer(s) subm/tfed In response to an Invitation to Bid. b. Bidder: person or firm submitting a Bid in response to an Invitation to Bid. c. Bid Solie/tot/on or lnvitotlon to Bid: this Solicitation documentation, Including any and all addenda. d. Bid Submittal Farm: describes the goods or services to be purcl,ased, and must be completed and submitted with the Bid. e. City: shall refer to the City of Palm Beach Gardens, Florida. f. Contract or Agreement: the Invitation to Bid, all addenda Issued thereto, all affidavits, the signed agreement, and oil related documents which comprise the totality of the contract or agreement between the City and the Bidder. g. Contractor: successful Bidder or Bidder who Is awarded a contract to provide goods or services to the City. h. Invitation to Bid: f armal request for Bids from qt1alified Bidders. /. Purchosfng Deportment: the Purchasing Department of the City of Palm Beach Gardens, Florida. J. Responsible Bldder:a Bidder which has the capability In oil respects to perform In full the contract requirements, as stated In the lnvltotion to Bid, and the Integrity ond reliobllfty that wifl assure good-folth performance. k. Responsive Bidder: a Bidder whose Bid conforms In all material respects to the terms and conditions fncfuded in the Invitation to Bid. 1.2 CONE OF SILENCE 1.3 Pursuant to Section 2-355 of Palm Beach County Ordinance Na. 2011-039, and the purchasing policies of the City of Palm Beoch Gardens, af/ Sol/citations, once advertised and until the appropriate authority has approved an award recommendation, are under the "Cone of Siience". This limits and requires documentation of communlcatfons between potential Bidders and/or Bidders on City Sofidtot/011s, the City's professional staff, and the Qty Councfl members. ADDENDUM The Purchasing Deportment may Issue an addendum In response to any fnquity received, prior to the close of the Sal/citation period, which changes, adds, or cforlfies the terms, provisions, or requirements of the Sol/citation . The Bidder Page 14 1.4 1.5 1.6 1.7 1.8 should not rely on o ny representation, statement, or expfanatlon, whether written or verbai other than those made In the Sollcitatian document or In the addenda Issued. Where there appears to be a con/I/ct between the Solicitation and any addenda, the fast addendum issued shall prevail. It Is the vendor's respanslbllity to ensure receipt of of/ addenda, and any accompanying documentat ion. The vendor fs required to submit with Its Bid or Bid a signed "Acknowledgment of Addenda" farm, when any addenda have been issaed. LEGAL REQUIREMENTS This Solle/tot/on is subject t o all legal requirements contained In the applicable City Ordinances and Resolutions, as well os all applicable City, State, and Federal Stotates. Where confflct exists between this Bi d Soficltation and these /ego / requirements, tlie authority shafl prevail In the fol/owing order: Federal, State, and local. CHANGE OF BIO Prior to the scheduled Bid opening a Bidder may change Its Bid by submitting o new Bid (as Indicated on the cover page) w i th a fetter on the firm's letterhead, signed by on authorized agent stat ing that the new submittal replaces the original submittal. The new submittal shall con tain the letter and off Information as required for submi tting the original Bid. No changes to a Bid w//1 be accepted after the Bid has been opened. WITHDRAWAL OF BID A Bid shall be Irrevocabl e unless the Bid Is withdrawn as provided herein. Only a written letter recei ved by t he Purchasing Department prior to the Bid opening date may withdraw a Bid. A Bid may also be withdrawn ninety {90) days after the Bi d has been opened and prior t o award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal Jetter must be on company letterhead and signed by an authorized agent of the Bi dder. CONFLICTS WITHIN THE BID SOL/CITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum Issued, the order of precedence shall be: the lost addendum Issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. PROMPT PAYMENT TERMS /tis the policy of tl1e City of Palm Beach Gardens t hat payment for oil purchases by City departments shall be made In a timely manner. The City wlfl pay the awarded Bidder upon receipt and acceptance of the goads or servi ces by o duly authorized 1.9 representative of the City. In accordance 111/th Section 218. 74, Florida Statutes, the time ot which payment shall be due from the City shall be forty-five (45} days from receipt of a proper Invoice. The time at which payment shall be due to small businesses shall be thirty (30} days from receipt of o proper invoice. Proceedings to resolve disputes for payment of obligations shall be concluded by flnol 111ritten decision of the City Manager or designee, not later than sixty (60} days ofter the date on which the proper invoice was received by the City. DISCOUNTS (PROMPT PAYMENTS} The Bidder may offer cash discounts for prompt payments; however, such discounts w/11 not be considered In determining the lowest price during Bid evaluation. Bidders ore requested to provide prompt payment terms In the space provided on the Bid submlttol signoture page of tl1e Sol/citotion. 1.10 PREPARATION OF BIDS 1,11 Page IS a. The Bid forms define requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other forms will result In the refection of the Bidder's offer. The Bid submittal forms must be leglble. Bidders shall use typewriter, computer, or Ink. All changes must be crossed out and Initialed In Ink. Failure to comply with these requirements may cause the Bid to be rejected. b. An authorized agent of the Bidder's firm must sign the Bid submittal form. Faf/ure to sign the Slgnotllre Page of the Bid shalt render the Bid non-responsive. c. The Bidder may be considered non-responsive if Bids ore conditioned upon modifications, changes, or revisions to the terms and conditions of this Sol/citation. d. The Bidder may submit olternote Bld(s) for the same Solicitation provided that such of fer Is allowable under the terms ond conditions. The alternate Bid must meet or exceed the minimum requirements ond be submitted os a separate Bid submittal marked HAfternote Bid". e. When there ls o discrepancy between the unit prices ond any extended prices, the unit prices wll/ prevail. f. late Bids wllf not be accepted ond w/11 be returned to the sender unopened. It Is the Bidder's responsibility to enstlfe timely dellvery by the due dote and time, and at the place stated In this Solicitation. No exceptions will be mode due to weather, carrier, traffic, Illness, or other issues. CANCELIATION OF BID SOLICITATION The City of Palm Beach Gardens reserves the right to cancel, in whole or In part, any Invitation to Bid when It Is in the best Interest of the City. 1.12 1.13 1.14 City of Palm Beach Gardens ITB No. lTB2016-056PS Comprehensive Generator Maintenance Service~ AWARD OF CONTRACT a. The contract may be awarded to the responsive and responsible Bidder meeting oil requirements as set forth In the Sol/citation. The City reserves the right to reject any and of/ Bids, to waive Irregularities or technicalities, and to re-advertise for all or any port of this Bid Solicitation as deemed In Its best interest. The City shall be the sole judge of Its best interest. b. The City reserves the right to reject any and all Bids If it is determined that prices ore excessive, best offers ore determined to be unreasonable, or it Is otherwise determined to be In the City's best Interest to do so. c. The City reserves the right to negotiate prices with the responsive and responsible low Bidder, provided that the scope of work of this Solicitation remains the same. d. The Bidder's performance as a prime contractor or subcontractor on previous aty contracts slrofl be token into account In evaluating the Bid received for this Bid Solicitation. e. The City will provide a copy of the Bid Tabulation to off Bidders responding to this Solie/tot/on . f The Bid Solicitation, any addenda and/or properly executed modifications, the signed Agreement, the purchase order, and any change order(s) shell constitute the contract. g. The Purchasing and Contracts Director wll/ decide all tie Bids. h. Award of this Bid may be predicated on compliance with ond submittal of oil required documents as stipulated In the Bid Sollcltot/011. I. The City reserves the right to request and evaluate additional Information from any Bidder ofter the submission deadline as the City deems necessary. CONTRACT EXTENSION The City reserves the right to ot1tomotlcally extend any agreement for a maximum period not to exceed ninety (90) calendar days In order to provide City deportments with continue/ service and st1ppl/es whlle o new agreement is being solicited, evaluated, and/or awarded. WARRANTY All warranties express ond implied shall be made avollable to the City for goods and services covered by this Bid Solicitotlon. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the City, the awarded Bidder shall correct any and oil apparent and latent defects thot may occur within the manufacturer's standard warranty. 1.15 ESTIMATED QUANTITIES 1.16 1.17 Estimated quantities or dollars ore for Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage; ond {b) the City may use these estimates to determine the low Bidder. No guarantee Is expressed or Implied as to quantities or doHars that w/11 be used during the contract period. The City Is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. NON-EXCLUSIVITY It is the intent of the City to enter into 011 agreement with the awarded Bidder that w/11 satisfy Its needs as described herein. However, the City reserves the right as deemed In Its best Interest to perform, or cot1se to be performed, the work and services, or any portion thereof, herein described In any manner it sees flt, including but not limited to, award of other contracts, use of any contractor, or perform the work with Its own employees. CONTINUATION OF WORK Any work that commences prior to and w/1/ extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the successful Bidder, continue 1mtll completion ot the same prices, terms, and conditions. 1.18 BID PROTEST 1.19 Page I 6 A recommendation for contract award or rejection of oword may be protested by a Bidder. The Bidder may /lie a written protest with the City Clerk's office. The Bidder shall file Its written protest with the City Clerk, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representotive (If any), and the title and Bid number of the Sol/citation. The protest shall speclflcolly describe the subject matter, facts giving rise to the protest, and the action requested from the City. The written protest must be received no later than seventy- t111a (12) consecutive hours (excluding Saturdays, Sundays, and legal holidays) ofter the time of award posting. Failure to file a timely f ormol written protest within the time period specified shall constitute o waiver by the Bidder of all rights of protest. In the event of a timely protest, the City will not proceed further with oward of the contract and agreement tmtll all odminfstrotlve remedies ore exhausted, or unt/1 the City Manager determines the award of the contract is immediately necessary to protect the public health, welfare, or safety. LAWS AND REGULATIONS The awarded Bidder shall comply with of/ lows and regulations opp/fcable to provide the goods or services specified In this Bid Solicitation. The Bidder shall be familiar with allfederol, state, and focal Jaws that may off ect the goods and/or services offered. 1.20 1.21 1.22 1.23 1.24 1.25 City of Palm Beach Gardens no No. lT82016·056PS Comprehensive Generator Maintenance Services LICENSES, PERMITS AND FEES The awarded Bldder{s) shall hold all licenses and/or certificotlons, obtain and pay for oil permits and/or inspections, and comply with al/ lows, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties, and/or fines Imposed on the Cfty or an awarded Bidder for failure to obtain ond maintain required licenses, certlflcotions, permits, and/or inspections shall be borne by the awarded Bidder. SUBCONTRACT/NG Unless otherwise specified in this Bid Sol/citotlon, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to st1bcontract may be further limited by the Spec/al Conditions. Subcontracting without the prior consent of the City moy result In termination of the contract for default. ASSIGNMENT The awarded Bidder shoJ/ not assign, transfer, hypothecote, or otherwise dispose of this contract, includlng any rights, tltle, or Interest therein, or its power to execute st1ch contract to onyperson, company, or corporation without the prlonvritten consent of the City. Assignment without the prior consent of the City moy rest1lt In termination of the contract for default. SHIPPING TERMS Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. RESPONSIBILITIES AS EMPLOYER The employee{s) of the a worded Bidder shall be considered to be at all times its employee(s}, and not an emp/oyee(s) or ogent{s) of the City or any of Its deportments. The awarded Bidder shall provide physlcol/y competent employee(s) capable of performing the work as required. The City may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder shall wear proper identification. It Is the awarded Bidder's responsibility to ensure t hat a/I Its employees and subcontractors comply with the employment regulations required by the US Department of Homeland Security. The City shall have no responsibility to check or verify the legal Immigration status of any employee of the awarded Bidder. INDEMNIFICATION The awarded Bidder shall Indemnify and hold harmless the City and Its officers, employees, agents, and instrumer1talitles from any and oil /lobi/ity, losses or dam ages, Including attorney's fees and costs of defense, which the City or its officers, employees, agents, or Instrumental/ties may Incur as a result of claims, demands, stilts, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of the agreement by the 1.26 1.27 1,28 Page 11 awarded Bidder or its employees, agents, servants, partners, princfpafs, or subcontractors. The awarded Bidder shall pay olf claims and losses in connection therewith, and shalf Investigate and defend all claims, suits, or actions of cmy kind or nature in the name of the City, where applicable, Including appellate proceedings, and shalf pay all costs, Judgments, and attorney's fees which may be Incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder sholf in no way limit the responslbilfty to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. COLLUSION A Bidder recommended for award as the result of a competitive So/fcitatlon for any City purchases af suppl/es, materials, 011d services (Including professional services, other than professional architectural, engineering, ond other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, within five (5) bw,iness days of the filing of such recommendation, submit on affidavit under the penalty of perjury, 011 of arm provided by the City, statl11g either that the co11tractor Is not related to any of the other parties Bidding In the competitive So/fcltatlon or identifying all related port/es, as defined In this Section, which Bid In the Solicitation; and attesting that the contractor's Bid Is genuine and not a sham or collusive or mode In the Interest or on behalf of any person not therein named, and that the contractor has not, directly or Indirectly, Induced or solicited any other Bidder to put In o sham Bid, or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not in ony manner sought by col/us/an to secure to the Bidder an advantage over any other Bidder. In the event a recommended Bidder Identifies related parties in the competitive Sol/citation Its Bid shall be presumed to be collusive and the recommended Bidder shall be Ineligible for award unless that presumption Is rebutted to the sat/sf action of the City. Any person ar entity that falls to submit the required off/davit shall be Ineligible for contract award. MODIFICATION OF CONTRACT The contract may be modified by mutual consent, In writing, through the issuance of a modification to the contract, a supplemen to/ agreement, purchase order, or change order, os appropriate. TERMINATION FOR CONVENIENCE The City, at Its sole discretion, reserves the right to terminate any contract entered Into pursuant ta this Invitation to Bid (ITB) with or without cause immediately upon providing written notice to the awarded Bidder. Upon receipt of such notice, the awarded Bidder shall not Incur ony addltlonal costs under the contract. The City sha/f be liable only for reasonable casts Incurred by the awarded Bidder prior to the dote of the notice of termination. The City shaf/ be the sole judge of Hre osonable costs." 1.29 1.30 1.31 1.32 1.33 ------------------- City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services TERMINATION FOR DEFAULT The City reserves the right to terminate tl1is contract, In part or In whole, or place the vendor on probation In the event the awarded Bidder falls to perform In accordance with the terms and conditions stated herein by providing written notice of such f allure or default and by specifying a reasonable time period within which the awarded Bidder must cure any such Jaf/ure to perform or default. The awarded Bidders' failure to timely cure oriy default shall serve to automatlcolly terminate any contract entered Into pursuant to this ITB. The City further reserves the right to suspend or debor the awarded Bidder in accordance with the appropriate City ordinances, resolutions, and/or policies. The vendor will be 11otified by Jetter of the City's Intent to terml11ate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in Its best interest. All re-procurement costs shall be borne by the Incumbent Bidder. FRAUD ANO MISREPRESENTATION Any Individual, corporation, or other entity that attempts to meet its contractual obligations with the City through froud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such Individual, corporation, or entity. Such Individual or entity shall be responsible for all direct or indirect costs associated with termination or cancelfotlon, Including attorney's fees. ACCESS AND AUDIT OF RECORDS The City reserves the right ta require the awarded Bidder to submit to an audit by an auditor of the City's choosing at the awarded Bidder's expense. The awarded Bidder shall provide access to all of Its records, which relate directly or Indirectly to this Agreement, ot Its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City far three (3) years fol/owing exp/ration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the revle1v or audit by the City to ensure compliance with app/lcoble accauntlng and financial standards. OFFICE OF THE INSPECTOR GENERAL Palm Beach County hos established the Office of the Inspector General, which Is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts. PRE·AWARD INSPECTION The City may conduct a pre-award inspection of the Bidder's site or 110/d a pre-award quallffcatlon hearing to determine If 1.34 1.35 Page I 8 the Bidder Is capable of performing the requirements of this Bid Sal/citation. PROPRIETARY AND/OR CONFIDENTIAL INFORMATION Bidders are hereby notified that all Information submitted as port of, or In s11pport of Bid submlttols w/11 be oval/able for pub/le Inspection after the opening of Bids in compliance with Chapter 119 of the Florida Statutes, popularly known os the "Public Record Law." The Bidder shall not submit any information In response to this Solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any Information to the City In connection with this Solicitation shall be deemed concfusfvely to be CJ waiver of ony trade secret or other protection which would otherwise be oval/able to the Bidder. In the event that the Bidder submits information to the City In v/o/at/011 of this restriction, either Inadvertently or Intentionally, ond clearly Identifies that information In the Bid as protected or confldentlol, the City may, In its sole discretion, either (o) communicate with the Bidder In writing In an effort to obtain the Bidder's withdrawal of the co11ftde11tlality restrlctioJJ, or (b} endeavor to redact and return that Information to the Bidder as quickly as possible, ond if appropriate, evaluate the balance of the Bid. The redaction or return of Information pursuant to this clause may render a Bid non-responsive. HEAL TH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPM) Any person or entity that performs or assists the City of Palm Beach Gardens with a function or activity involving the use or disclosure of "lndlvlduolly Identifiable health information (/IHI} and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPM} of 1996. HIPM mandates for privacy, security, and electro11/c trans/ er standards Include, b1Jt ore not limi ted to: o. Use of Information only for performing services required by the contract or as required by low; b. Use of appropriate sofeg1Jords to prevent non-permitted disclosures; c. Reporting to the Cfty of Palm Beach Gardens any non· permitted use or disclosure; d. Ass1Jrances that any agents and subcontractors agree to the some restrictions and conditions that apply to the Bidder and reasonable assurances that /IHI/PHI wl/l be held confidential; e. Making Protected Health Information (PHI} oval/able to the customer; f. Making PHI available to the customer for review and amendment, and lnco1poratlng any amendments requested by the customer; 1.36 1.37 1.38 1.39 1.40 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services g. Making PHI available to the City of Palm Beach Gardens for an accounting of disclosures; and h. Making l11ternol practices, books, and records related to PHI oval/able to the City of Palm Beach Gardens for comp/lance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records a11d/or electronic transfer of data}. The Bidder must give Its customers written notice of its privacy Information practices, Including speclficolly, a description of the types of 11ses and disclosures that would be mode with protected health Information. ADDJT/ONAL FEES AND SURCHARGES Unless provided for i11 the contract/agreement, the City will not make any additional payments such as fuel surcharges, demurroge fees, or delay-in-delivery charges. COMPLIANCE WITH FEDERAL STANDARDS All Items to be purchased under this contract shall be /11 accordance with all governmental standards, to Include, but not be limited to, those Issued by the Occupof/onol Safety and Health Administration (OSHA}, the Notional Institute of Occupot/onol Safety Hazards (NIOSH}, and the National Fire Protection Association (NFPA). COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or services to be acquired under this Solicitation are to be purchased, In part or In whole, with Federal funding, It Is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which addresses Af/lrmative Action requirements for disabled workers, Is Incorporated Into this Solicitation and resultaot contract by reference. BINDING EFFECT All of the terms ond provisions of this contract/agreement, whether so expressed or not, shall be binding upon, Inure to the benefit of, and be enforceable by the port/es and their respective legal representatives, successors, and permitted assigns. SEVERA BIL/TY The City's obligation pursuant to any contract or agreement entered Into In accordance with this Solicitation Is specifically contingent upon the lawful opproprlotlan of funds. Fallure to lawfully opproprlote funds for any contract or agreement awarded shall result In 011 tomotlc termination of the contract or agreement. A non-appropriation event shall not constitute a default or breach of sold contract or agreement by the City. 1.41 GOVERNING LAW AND VENUE This contract ond all transactions contemplated by this agreement shall be governed by and construed and enforced In accordance with the lows of the State of Florida without regard to a11y contrary conflicts of law principle. Ven11e of all proceedings in connection herewith shall lie exclusively in 1.42 1.43 1.44 1.45 1.46 Page I 9 Palm Beach County, Florida, and each party hereby wolves whatever its respective rights may hove been in the selection of venue. AITORNEY'S FEES It ls hereby understood and agreed that In the event ony lawsuit In the judicial system, /ede;af or state, Is brought to enforce comp/lance wlt/1 this contract or Interpret some, or if any odmlnlstrotive proceeding Is brought for the same purposes, each party shall pay their own attorney's fees and costs, including appellate fees and costs. EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The City of Palm Beach Gardens complies with all laws prohibiting discrimination an the basis of age, race, gender, religion, creed, politico/ off/1/atlon, sexual orlentotlan, physical or mental disability, color or national origin, and therefore is committed to assuring equol opportunity in the 01vard of contracts and encourages small, local, minority, and femo/e- owned businesses to participate. During the performance of this contract, the awarded Bidder agrees It will not discriminate or permit discrimination In Its hiring practices or In its performance of the contract. The awarded Bidder shall strictly adhere to the equal employment opportunity requirements and any oppllcable requirements established by the State of Florido, Palm Beach County and the federal government. The awarded Bidder further acknowledges and agrees to provide the City with off information and dowmentotlon that may be requested by the City from time to time regarding the Sol/citation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS It Is agreed ond understood that any City department or agency may access this contract and purchase the goods or services awarded herein. Each City department will Issue a separate purchase order to the awarded Bidder for the department's specific purchases. CRIMINAt HISTORY BACKGROUND CHECKS Prior to hiring a contract employee or contracting with a Bidder, the City moy conduct a comprehensive crlmlnol background check by accessing any Federal, State, or local low enforcement database oval/able. The contract employee or Bidder wlf/ be required to sign an authorization for the City to access criminal background Information. The costs for the background checks shall be borne by the City. LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere In the Sol/citation or resultant contract, all labor, materials, ond equipment required for the performance of the requirements of the Contract shall be supplied by the awarded Bidder. 1.47 1.48 1.49 1.50 City of Palm Beach Gardens ITB No. ITD2016 ,056PS Comprehensive Generator Malntena11ce Services MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and living wage requirements, such os Living Wage requirements, minimum wages based on Federal Low, minimum wages bosed on the Dovls·Bocon Act, and the provisions of any other woges lows, as may be opp/lcoble to this Contract. PACKING SLIP AND DEUVERY TICKET A pocking slip and/or de/Ivery ticket shall accompany all Items during delivery to the City. The dowments shall Include information on the contract number or purchase order, any back order items, and the number or quantity of items being delivered. PURCHASE OF OTHER ITEMS The City resefl!eS the right to purchase other related goods or services, not listed in the Solicitation, during the contract term. When such requirements ore Identified, the City may request price quote(s) from the awarded Bldder(s) on the contract. The City, at its sole discretion, will determine If the prices offered ore reasonable, and may choose to purchase the goods or services from the oworded Bidder, another contract vendor, or o non-contract vendor. PUBLIC RECORDS Florido low provides that municipal records sholl at all times be ovolloble to the pub/le for Inspection. Chapter 119, Florida Statutes, the Pub/le Records Low, requires that off material submitted In connection with a Bid response shall be deemed to be public record subject to public Inspection upon award, recommendation for award, or thirty (30} days ofter Bid opening, whichever occurs first. Certain exemptions to pubflc disclosure ore statutorily provided for In Section 119.07, Florido Statutes. If the Bidder believes any of the Information contained in his/her/its Bid Is considered confidential and/or proprietary, Inclusive of trade secrets as defined In Section 812.081, Florida Statutes, and Is exempt from the Public Records Low, then the Bidder, must fn Its response, speciflcally Identify the material which Is deemed to be exempt and state the /ego/ authority for the exemption. All materials that qualify for exemption from Chapter 119, Florido Statutes or other applicable law must be submitted In a separate envelope, clearly Identified OS "EXEMPT FROM PUBLIC DISCLOSURE" with the firm's name and the Bid number clearly marked on the outside. The City wJ/1 not accept Bids when lhe entire Bid Is labeled as exempt from disclosure. The City's determination of whether on exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages Incurred by any person or entity as a result of the City's treatment of r ecords as p11bllc records. The awarded Bldder(s} shall keep ond maintain public records and fully comply with the requirements set forth ot Section 119.0701, Florida Statues, osoppl/coble; failure to do so shofl constitute a mater/al breach of any and all agreements mvarded pursuant to this Solicitotlon. 1.51 1.52 1.53 1.54 1.55 CONFLICTS OF INTEREST All Bidders m11st disclose with their Bid the name a/ any officer, dfrectar, or agent who Is also on employee of the City a/ Palm Beach Gardens. Further, all Bidders m11st disclose the name of any City employee who hos any Interest, flnanclal or otherwise, direct or Indirect, of five percent (5%} or more In the Bidders' firm or any of its branches. Failure to disclose any such a/fillotion tvl/1 result in disqua/1/lcatlon of the Bidder /ram this Invitation to Bid and may be grounds for further disqualiflcotlon from participating in any future Bids with the City. PUBLIC ENTITY CRIMES As provided In Section 287.133(2) (a}, Florida Statutes, a person or affiliate who hos been placed on the convicted vendors /!st following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a publ/c entity; may not submit o Bfd on o contract with a public entity for the construction or repair of a public bulldlng or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or cons11/tant under a contract with any pubflc entity. OTHER GOVERNMENTAL AGENCIES If a Bidder is awarded a contract as a result of this /TB, the Bidder shall allow other governmental agencies to access this contract and purchase the goads and services under the terms and conditions at the prices awarded, as appllcable. COMPLETION OF WORK AND DELIVERY All work shall be performed and oil deliveries mode In accordance with good commercial practice. The work schedule ond completion dates shall be adhered to by the a worded Bldder(s), except in s11ch cases where the completion dote w//1 be delayed due to acts of nature, force mojeure, strikes, or other causes beyond the control of the awarded Bidder. In these cases, the awarded Bldders/,a// notify the City of the delays In advance of the original completion so that a revised delivery schedule con be appropriately considered by the City. FAILURE TO DELIVER OR COMPLETE WORK Should the awarded Bidder(s) fall to deliver or complete the work within the time stated In the contract, it Is hereby agreed and understood that the City reserves the authority to cancel the contract with the awarded Bidder and secure the services of another vendor to purchase the Items or complete the work. If the City exercises this authority, the City shall be responsible far reimbursing the awarded Bidder for work that was completed, and Items delivered ond accepted by the City in accordance with the contract specifications. The City may, at Its option, demand payment from the awarded Bidder, through an Invoice or credit memo, for any additional costs over and beyond the original contract price which were Incurred by the City as a result of having ta secure the services of another vendor. Page I 10 1.56 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services CORRECTING DEFECTS The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three (3) colendar days after the City notifies the owarded Bidder of such deficiency In writing. If the awarded Bidder falls to correct the defect, the City may (a) place the awarded Bidder In default of Its contract; and/or (b) procure the products or services from another so11rce ond charge the awarded Bidder for any additional costs thot ore Incurred by the City for this work or items, either through a credit memorandum or throt1gh Invoicing. 1.57 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All awarded Bidders performing services or dellvering goods under this contract shall can/arm to all relevant OSHA, State, ond County regulations during the course of such effort. Any fines levied by f he above-men tfoned authorities for fa/lure to comply with these requirements shall be borne so lely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed In areas traversed by persons, or when deemed necessary by the City. 1.58 OMISSIONS IN SPECIFICATIONS The specifications ond/or statement of work contained within this Sollcftotlon describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of Inherent technical Junctions or classes of work within the specifications and/or statement of work shalt not relieve · the Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. 1.59 MATERIALS SHAlL BE NEW AND WARRANTED AGAINST DEFECTS The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content Is speciflcally requested, supplied by the awarded Bidder In co11Junctlon with this Solicitation and r esultant contract shall be new, warranted for their merchantability, and fit for a port/cu/or purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not conform to specifications, (1) the materials may be returned to the awarded Bidder at the Bidder's e,cpense and the contract cancelled; or (2) the City may require the awarded Bidder to replace the materials at the Bi dder's expense. 1.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation Implemented by the Occt1potlonol Safety and Health Administration (OSHA} requires employers to Inform their employees of any taxfc substances to which they may be exposed In the workplace, and to provide training In sofe handling practices and emergency procedures. It also requires notification to local fire deportments of the /ocotlon and chorocterlstlcs of all toxic substances regularly present In the workplace. 1.61 Accordfngfy, the oworded Bidder(s) performing under this contract are required to provide two (2) complete sets of Mater/of Safety Doto Sheets to each City department utilizing the ony awarded products thot are subject to these reg11/otlons. This informotfon should be provided at the time when the Initial delivery is mode, 011 a deportment-by- department bosls. TAXES The City of Palm Beoch Gordens Is exempt from Federal and State foxes for tangible personal property. 1.62 BIDDER'S COSTS 1.63 1.64 The City shol/ not be liable for ony costs Incurred by Bidders In responding to this Invitation ta Bid. SUBSTITUTION OF PERSONNfl It is the Intention of the City that the awarded Bidder's personnel proposed for the contract sholf be available for the lnltlol contract term. In the event the awarded Bidder wishes ta substitute person11el, the oworded Bidder shall propose personnel of equal or higher quoliflcotions, and all replacement personnel are subject to the City's approval. In the event the substitute personnel are not satisfactory to the City, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract for cause. FORCE MAJEURE The City ond the awarded Bidder ore excused from the performance of their respective obllgotlons 1mder the contract when and to the extent that thefr performance is delayed or prevented by any circumstances beyond their control, Including /lre,flood, exploslon, strikes or other lobar disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or folfure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: a. The non-performing party gives the other party prompt written notice describing the part/cu/ors of the force ma]eure, Including, b11t not limited to, the noture of the occurrence and Its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. b. The excuse of performance Is of no greater scope and of no longer duration than is required by the force ma]eure. c. No obligations of either party that arose before the force moje111e causing the excuse of performance are excused as a result of the force mo]eure. Page ( 11 1.65 1.66 1.67 City of Palm Beach Gardens ITB No. IT82016-056PS Comprehensive Generator Maintenance Services d . The non-performing party uses its best efforts to remedy its inobllfty to perform. Notwithstanding the above, performance shall not be excused under this section for a period In excess of two (2} months, provided that In extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force mojeure. The term of the contract shofl be extended by o period equal to that during which either party's performance is suspended under this section. NOTICES Notices sho/1 be effective when received at the addresses specified in the controct/ogreement. Changes in respective addresses to which such notices ore to be directed may be made from time to time by either party by written notice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimlle and emall transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business doy. The orig/no/ of the notice must also be mai led to the receiving party. Not/Jing contained In this section shall be construed to restrict the transmission of routine comnwnications between representatives of the successful Proposer and the City of Palm Beach Gardens. POOL CONTRACTS During the term of contracts and ogreemen ts that ore executed as vendor poofs, awarding vendors In prequo/lfied pools of vendors, either os a general poof or by categories, sub-categories, or groups, the City reserves the right to odd new vendors to these contracts for goods or services not awarded for the original Sofie/tot/on or as port of the general poof category, sub-category or gro11p. To be eligible to be added to these pool contracts, a vendor must meet the some eligibility requirements established In the original Invitation to Bid. FISCAL FUNDING OUT The City's obligation pursuant to any contract or agreement entered Into 111 accordance with this Solicitation Is specifically contingent upon the lawful appropriation of funds. Fallure to lawfully appropriate funds for any contract or agreement awarded shall result In automatic term/notion of the contract or agreement. SECTION 2 City of Palm Beach Gardens ITB No. lTB2016 -056PS Comprehensive Generator Maintenance Services SPECIAL TERMS AND COND ITIONS 2.1 PURPOSE The purpose of this Solicitation is to establish a Contract for the purchase of comprehensive generator maintenance services, inducting emergency repairs, for several stationary and mobile generators, for the City of Palm Beach Gardens, Florida . 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE-BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT: Five (Sl Years The Contract shall commence on the date of the duly executed Agreement, and shall remain in effect for Five (5) Years, contingent upon the completion and submittal of all required Bid documents . 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHODS OF AWARD: Lowest Priced Bidder: and Secondary and Tertiary Bidders The City will award the Preventative Maintenance Services portion of this Contract, to the responsive and responsible Bidder who submits the lowest price to perform the Service . To be considered for award of this portion of the Contract, the Bidder must submit a price for each generator listed . If a Bidder fails to offer a price for each generator listed, the City will deem the Bidder non-responsive. The City may also award Primary, Secondary, and Tertiary Bidders for the Emergency Repair Services portion of the Contract. If the City chooses to award the Emergency Repairs to multiple Bidders, then the City will designate the Bidder awarded the Preventative Maintenance Services portion as the Primary Vendor, and then award the Secondary and Tertiary Vendors based on the lower prices submitted. The Primary vendor shall have the primary responsibility for responding in an emergency. If the Primary Vendor is unable to respond, or the City is unable to contact the Primary Vendor, then the City will contact the Secondary Vendor, and if necessary, then the Tertiary Vendor .to perform the work. The City reserves the right to use a non -contract vendor to perform the work if the City is unable to contact any of the vendors under this Contract. The City shall have the right to terminate from the Contract the Primary, Secondary, or Tertiary Vendors for failure to respond to a City request for emergency repairs. MINIMUM CRITERIA FOR AWARD To be considered for award under this Solicitation, Bidders must provide written evidence showing that they meet the following minimum criteria: Page I 12 City of Palm Beach Gardens ITB No. HB2016·056PS Comprehensive Generator Maintenance Services a. The Bidder has been in the business of providing satisfactory Comprehensive Generator Maintenance Services for at least three (3) years, to public or private clients. b. The Bidder has the necessary staff, trained and certified technicians, tools and equipment, vehicles, and/or subcontractors to perform the services required under the Contract. c. The Bidder must have communications available for contact by the City on a 24-hour basis. 2.7 PRICES If the Bidder is awarded a Contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the Contract Term. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT Prior to submitting its offer, it is recommended that the Bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Bidder is also advised to examine carefully any drawings, specifications, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation and equipment inspections please contact the City department's representative Joe Corrao at 561.804.7049 for an appointment. 2.10 EMERGENCY RESPONSE TIME The Bidder must state in its Bid that it Is capable of responding to an emergency request from the City, and be on site within Two (2) Hours of notification. The City reserves the right to deem a Bidder non-responsible as a vendor, if the Bidder is unable to respond to a City emergency request within the Two (2) Hour period. 2.11 NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS The work contemplated under the Contract resultant from this Solicitation must meet the standards established under NFPA 110. The City's expectations are that the awarded Bidder(s) must have the staffing, qualifications, equipment, and experience to perform the work on the generator systems to meet NFPA 110 for Level 2 emergency power generator systems. By submitting a bid In respons e to this Solicitation, Bidders are attesting that they can and will perform the work to meet the requirements of the NFPA 110 Standard. The standards established In NFPA 110 for Level 2 power generator systems are Incorporated into this Solicitation by reference. Page I 13 2.12 INSURANCE City of Palm Beach Gardens ITB No. ITB2016-056PS Com prehensive Ge nerato r Ma intenance Se rvices The awarded Bidder shall not commence any performance pursuant to the terms of this Bid until certification or proof of insurance has been received and approved by the City's Risk Coordi nator or deslgnee . The required insurance coverage is to be issued by an insurance company authori zed, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, In accordance with the latest edition of A.M. Best's Insurance Guide. This Insurance shall be documented in certificates of insu ranee which provides that the City of Palm Beach Gardens sha ll be notified at least thirty {30) days In advance of cancellation, non-renewal, or adverse change. The receipt of ce1tificates or other documentation of Insurance or policies o r copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the awarded Bidder's obligation to fulfill the i nsurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The awarded Bidder must submit a current Certificate of Insurance, naming the City of Palm Beac h Gardens as an addltional insured and listed as such on the Insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The awarded Bidder shall provide insurance coverage as follows: i. WORKERS COMPENSATION Awarded Bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this Solicitation. ii. COMPREHENSIVE GENERAL LIABILITY Awarded Bidder shall carry Comprehensive General Li ability Ins urance with minim u m limits of One Million Dollars ($1,000,000.00); and include Products/Com1>letion Liability of One Million Dollars ($1,000,000). Such certificate shall list t he City as additional Insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars {$1,000,000.00), the sum of Comprehensive General Ll ablllty limits and Excess liabilit y llmlts must equal no less than One Million Dollars ($1,000,000.00). iii. AUTOMOBILE LIABILITY Awarded Bidder shall carry Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Miiiion Dollars ($1 ,000,000.00) each occurrence. The awarded Bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. 2.13 BID BOND/GUARANTY lntentlonally Omitted Page I 14 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Intentionally Omitted City of Palm Beach Gardens ITO No. IT02016 -056PS Comprehensive Generator Maintenance Services 2.16 METHOD OF PAYMENT : Periodic Invoices for Completed Work The awarded Bidder shall submit an invoice to the City after work has been performed and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the performance of the service. Under no circumstances shall the Invoice be submitted to the City In advance of the performance of the work. The invoice shall contain the following basic Information: the awarded Bidder's name and address, invoice number, date of invoice, description of the service performed and the location, the Contract number, purchase order number, and any discounts. 2.17 PURCHASE OF PARTS AND OTHER MATERIALS FOR EMERGENCY REPAIRS The City may request that the awarded Bidder(s) purchase a part or equipment to repair a generator, when such purchase will expedite the repairs to the generator. In such instances, the awarded Bldder(s) shall have the right to charge a Handling Fee of no more than Ten Percent (10%) of the cost of the part or equipment. Th i s Handling Fee shall not be applicable to labor or other charges on the awarded Bldder(s) invoice. The City may request a copy of the awarded Bidder(s) supplier's invoice to verify the price of the part or equipment. 2.18 WARRANTY REQUIREMENTS In addition to all other warranties that may be supplied by the Bidder, the awarded Bldder(s) shall warrant Its products and/or service against faulty labor and/or defective material, for a minimum period of One (1) Vear from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded Bidder Is under Contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the awarded Bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONAL FACILITIES Although this Solicitation and resultant Contract Identifies specific facilities to be serviced, it is hereby agreed and understood that any City department or agency facility may be added to this Contract at the option of the City, for similar services . When required by the pricing structure of the Contract, awarded Bidders shall be Invited to submit price quotes for these additional facilities. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current awarded Bldder(s) that offers the lowest acceptable pricing. If this Contract has a single awarded Bidder, the additional site(s) may be added to this Contract by formal modification of the Contract. The City may determine to obtain price quotes for the additional facilities from non-Contract vendors In the event that fair and reasonable pricing is not obtained from the current awarded Bidders, or for other reasons at the City's discretion. Page I 15 2.20 MAINTENANCE, REPAIR, AND OPERATING SUPPLIES Oty of Palm Beach Gardens ITB No. ITB2016 ·056PS Comprehensive Generator Maintenance Services Except for replacement parts and equipment, the awarded Bidder shall be responsible for providing all maintenance, repairs, and operating {MRO) supplies to perform the work required under the Contract. Such MRO Items shall include filters, oils, grease, screws, bolts, fasteners, and other items. 2.21 CLEAN UP The awarded Bidder shall remove all unusable materials and debris from the work areas at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the City's authorized representative. 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE The hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate ls assumed to be at straight-time for all labor, except as otherwise noted. 2.24 MOTOR VEHICLE LICENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE-CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder must identify any and all subcontractors that will be used in the performance of the proposed Contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor{s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the Bidder falls to identify any and all sub-Contractors in the Bid, the Bidder may be allowed to submit this documentation to during the Bid evaluation period if such action Is In the best Interest of the City. 2.29 OTHER FORMS OR DOCUMENTS If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or documents. Page I 16 SECT I ON 3 City of Palm Beach Gardens ITS No. ITB2016 ·056PS Comprehensive Generator Maintenance Services STATEMENT OF WORK AND TECHNICAL SPECIFICATIONS 3.1 PROJECT SCOPE The intent of this Solicitation is to Contract with a suitably qualified and experienced firm to perform Comprehensive Generator Maintenance Services for the City of Palm Beach Gardens. The awarded Bidder(s} must have the capacity and capability to service the entire standby power generation systems. All maintenance and inspection services must be completed in accordance to NFPA (National Fire Protection Association) 110, Standard for Emergency and Standby Power Systems, effective February 2016 and shall be updated as new standards become available. All City generators are classified as Level 2 under NFPA 110 standards. (Chapter 4.4.2) 3.2 MONTHLY SERVICE AND PERFORMANCE INSPECTION Every month, the awarded Bidder shall perform the following minimum services and inspections for each generator system. a. LUBRICATION SYSTEM Check oil level Inspect engine seals for leaks Inspect lube oil for obvious contamination Take oil sample for lab testing (annual) General overview visual check Document and log all findings b. COOLANT SYSTEM Check coolant level and top off General overview visual check Document and log all findings c. GENERATOR Exercise generator for no less than 15 minutes General overview visual check Document and log all findings 3.3 QUARTERLY SERVICE AND PERFORMANCE INSPECTION Every 3 months (quarterly), except as otherwise Indicated, the awarded Bidder shall perform the following minimum services and Inspections for each generator system. a. FUEL/EXHAUST SYSTEM Inspect air filters Page I 17 Take fuel sample for lab testing (annual) Inspect Intake system Inspect exhaust system Test fuel transfer pumps and lines Inspect gas lines for leaks or corrosion Inspect gas and fuel tanks Check gas and fuel levels Inspect carburetors, regulators, and linkages General overview visual check Document and log all findings b. BATIERY Che ck charger and gauges Inspect racks, mountings, and casings Inspect cabling condition Inspect connections and clean Check electrolyte levels and fill Load test General overview visual check Document and log all findings c. COOLANT SYSTEM Test coolant protection levels {bi -annual) Inspect hoses Inspect for leaks Inspect radiator cap General overview visual check Document and log all findings d. ENGINE Inspect belts and tension Inspect and lubricate all governor linkage Adjust governor linkage (as needed) Test starter operation Check engine block heater operation Check of all ga uges and meters Inspect crankcase breather and clean (as neede d) General overview visual check Document and log all findings e. GENERATOR Check unit voltage and adjust Check frequency of output voltage and adjust Check exciter rotor City of Palm Beach Gardens ITB No. ITB2016 ·056PS Comprehensive Generator Maintenance Services Clean/Inspect DC commutator and slip rings (as applicable} Inspect all cabling connections Page I 18 Check for any bearing, grinding, or arcing Foreign debris check Test no load operation Test operation with building load (annual) Check control panel operation General overview visual check Document and log hour meter/run time f. TRANSFER SWITCH Check of all gauges and meters Test all alarms and auto shutdowns Inspect all safety switches Check the exerciser clock operation Check wiring and connectors Check relays and controls Transfer Test (bi-annual) General overview visual check Document and log all findings g. GENERAL Inspect condition of all mountings Inspect weather protection Inspect/check safety shutdown devises Inspect/adjust locks, latches, and weather seals Check fans dampers and louvers General overview visual check Document and log all findings 3.4 ANNUAL SERVICE AND PERFORMANCE INSPECTION City of Palm Beach Gardens ITB No. ITB2016 -0S6PS Comprehensive Generator Maintenance Services The Annual Service and Performance Inspection includes all items in the Monthly and Quarterly Services and Performance Inspections, plus the following items listed below: a. Change oil b. Change oil filters c. Lube grease fittings d. Change fuel filters e. Bleed fuel system f. Change coolant filters g. Change air filters (only If necess ary, after inspection) 3.5 FOUR (4) HOUR LOAD BANK TEST Every 6 months (bl-annually}. the awarded Bidder shall perform a load bank test on all the generators covered by this Contract. The load bank test shall be reported with 15 minutes readings attesting to the following: a. Clean out exh aust piping to prevent wet st acking b. Determination cooling system efficiency c. Identifies problematic leaks In the lubrication system d. Ensures that the voltage and frequency Is stable e. Tests the complete fuel system f. Evaporates moisture from windings and other components g. Tests overall condition of the excitation system h. Tests gove rnors and controllers under load Page I 19 i. Reseats piston rings and other engine components City of Palm Beach Gardens ITB No. IT62016·056PS Comprehensive Generator Maintenance Services j. Cleans out unburned product on valves, turbochargers and manifolds k. Overall assurance that the unit will function when needed I. Document and log all findings 3.6 REPORTS, DOCUMENTATION AND LOGS The awarded Bidder(s) shall provide written reports, documentation, and logs each time a generator Is serviced or repaired. This information shall be provided in a format that Is acceptable to the City, and shall contain the names and signatures of the attending technicians or subcontractors. Reports, documentation, and logs should be emailed for the attention of Joe Corrao at jcorrao@pbgfl.com. 3.7 EQUIPMENT AND LOCATIONS The generators to be serviced under this Contract are identified in Exhibit A, Generator Identification and Location, which is attached to this Solicitation. 3.8 HURRICANE SEASON AND DISASTER MANAGEMENT Page I 20 The awarded Bidders under this contract must be available to respond to the City during the regular hurricane season, for any storm-related requests, whether for an emergency or not, and must also be available to participate in any City organized disaster-preparation activities when so requested. BID SUBMITTAL City of Palm Beach Gardens ITB No. ITB2016·056PS Comprehensive Generator Maintenance Services This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested In this Invitation to Bid. There ls no need to Include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays . All Bids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be one (1) original and one {1) electronic version on CD or a thumb drive in a usable PDF format. The original should be marked "ORIGINAL", and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be Included In the submittal, as described in the Solicitation. Invitation to Bid No.: ITB2016-056PS Title: Comprehensive Generator Maintenance Services f-1 l L Name of Bidder Page I 21 4.1 PRICES AND RATES SECTION 4 PRICING SCHEDULE City of Palm Beach Gardens ITB No. ITB2016-056P5 Comprehensive Generator Maintenance Services The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. To supply labor, technicians, materials, and all MRO supplies to perform Comprehensive Generator Maintenance Service on the generating systems described in Exhibit A and below, and as per the frequencies and specifications detailed in Section 3, Statement of Work and Technical Specifications of this Invitation to Bid. .. : .. ·- ITEMl LOCATION MAKE MODEL ANNUAL COST a. Municipal Complex, City Hall, 10500 N Military Trail Spectrum 750054 s31lSO.,oo b. Burns Road Recreation Center, 4404 Burns Road Kohler 230REOZJB $ z.7,0CJ,00 c. Public Works Department, 3704 Burns Road Terex OT90P S 2.l 2S .-oo d. Riverside Youth Enrichment Cen, 10170 Riverside Drive Generac 98A055580-S s Z.Zoo,oo e. Police Cell Tower, Old Dixie Highway Onan GGFD-4959819 s 2t'JSo,oo f. Public Services Building, 4301 Burns Road Magnum MMG80 S 2.( zs ~oo g. Fire Rescue Station No. 1, 10500 N Military Trail Broad crown BCJD275-60 s z?.7.s-,,.00 h. Fire Rescue Station No. 2, 11025 Campus Drive Kohler lOOREZGD s 2.2-:;.s ,oo i. Fire Rescue Station No. 3, 5161 Northlake Boulevard Generac 2424030600 s 2.t:.ooroc> j. Fire Rescue Station No. 4, 11264 Jog Road Wacker 5891169 $ Z.AO/J.·OD k. Fire Rescue Station No. 5, 3913 Hood Road Kohler 180RZD S z. t:.ol'"J,, oO I. Public Works Department, 3704 Burns Road Coleman 06T105SQ $ z.. Z()(J>Or, m. Public Works Department, 3704 Burns Road Terex OT180C s 2200,on n. Public Works Department, 3704 Burns Road Terex OT90P $ 2 i!'Jt, • 00 o. Public Works Department, 3704 Burns Road Terex OT90P $ 7? (Y)d)(> p . Municipal Complex, PSAP, 10500 N Military Trail Kohler 350REOZDD s '2-:::;so,oo TOTAL ANNUAL PRICE: s 38 ~oo,.oo ?age J 22 City of Palm Beach Gardens ITB No. ITB2016-056P5 Comprehensive Generator Maintenance Services ITEM 2 EMERGENCY REPAIR SERVICES-HOURLY RATES FOR WORKMEN /TECHS PER HOUR Electrician $ Mechanic $ Technician/Repairman $ ~O,oo Technician's Helper $ ~o" o o I. Maximum Mark-Up on Materials, Parts, and Equipment for Emergency Repairs (Must Not Exceed 10%): l O % II. The Bidder affirms that it has the capability and capacity to meet the TWO (2) HOUR Emergency Response Time: ! G initials iii. The Bidder affirms that it has the resources, equipment, and subcontractors to perform the work: r G initials NOTE: The City will not pay any transportation, fuel surcharges, or additional fees added to the rates and prices above. Page I 23 PARTI: Clly of Palm Beach Gardens ITB No, ITB2016 -056PS Comprehensive Generator Maintenance Services SECTION 5 ACl<NOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES list below the dates of issue for each addendum received in connection with this Sollcltatlon: PART II: Addendun1#l,Oated Addendum #2, Dated Addendum #3, Dated N o\.lt1_"" 'o12.v... , "\ +\... ~ c \ 5 tb vu.> ... \~ t<f\LJ ~cv5 kb\R.()\ b e:ff.-.30-\\ 1 ;;l~ l $ Addendum #4, Dated __________ _ Addendum #5, Dated----------- Addendum #6, Dated __________ _ Addendum #17, Dated __________ _ Addendum #8, Dated----------- Addendum #9, Dated __________ _ Addendum #10, Dated---------- O NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION \:\LL Firm Na, e I~ -\ D -\5 Date Page I 24 SECTION 6 City of Palm Beach Gardens 118 No. ITB2016-0S6PS Comprehensive Generator Maintenance Services BID SUBMIITAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: ~ l L POlk'l E f.. Qt: NEB.A IOI?$ ~ D €6' Street Address: )\ 1 Mailing Address (if different than Street Address): Telephone Number(s): 3 0 ,5 __ ~ '6 ? -0 05 9 Fax Number(s): ___ 3~0~5~---~~~g-i~-~d--_0_9~C) __ _ Email Address: AuPw<s. W be.\\ SC>0>f\-\. Nt'J Federal Employer Identification Number: (o5.. \ \ 30 8 '15 Prompt Payment Terms: __ % __ days' net ~days ignature of authorized agent) Print Name: --,=--~~U~A~·-~0_._--K-'--'-'.~0~:,~A~R~e.,~·' ~IA Title: ---~-:)"--IP:,,---==:f:::"-"'?,r«-~ \-"Q"-'-E-~,___._'T ___ _ By signing this document the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIO DER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDIT IONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page I 25 SECTI ON 7 City of Palm Beach Gardens ITB No . ITB2016-0S6PS Comprehensive Generator Maintenance Services AFF IDAVITS, PERFORMAN CE AND PAYME NT BO N DS FORMAT, LETTER OF CRED IT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal au thorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be .the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d . Non-Collusion Affidavit e. Sample Performance Bond Format (If required, will be requested from bidder recommended for award) DO NOT COMPLETE f. Sample Payment Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE g. Sample letter of Credit Format Page I 26 (if required, will be requested from bidder recomme nd ed for award) DO NOT COMPLETE City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Servlces CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of Interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ~ To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property Interest for this Bid. Acknowledged by: Firm Name Name and Title (Print or Type) 12:-l0 -l5 Date Page I 27 City of Palm Beach Gardens ITB No. IT82016·056PS Comprehensive Generator Maintenance Services NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.J for Category Two ($35,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Name and Title (Print or Type) ) Date Page [ 28 DRUG-FREE WORKPLACE Ci ty of Palm IJeach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services Al\.. .£\.u€.CL G 'er,.\ t;;" #..~ -ro~'i.' ~rug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: ALL Firm Name Slgn!f ~ Name and Title (Print or Type) Date Page I 29 NON-COLLUSION AFFIDAVIT City of Palm Beach Gardens ITB No. lTB2016 -0S6PS Comprehensive Generator Maintenance Services STATEOF f\')Rt~f\ COUNTY OF ]) AO. €. Before me, the undersigned authority, personally appeared $,Aµ e f w R.c{ a I who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is ~G"~\dE"~ r of A\\ R'illee. ak')!(~(\:f()e.sC~~ Bidder that has submitted a Bid to perform work for the following: (}"' --(" . .-f"ll I' p Cil)m Vl.e..he.~\\)CL Ge.~_~.~~ ITB No.: k IO ~D "'-{)5(o s Title: ~l,A \ ~' ·nz-M p.~~C 'Q. $Q..~\) l c Q_s b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of ail pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid. c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties In interest, including this afflant, has 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 Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing In connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person Interested in the proposed contract. d. 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 of its agents, representatives, owners, employees, or parties in interest, including this afflant. Page I 30 ,,,t'ff-.v'r.iJ,,,. Ana P. Mejia _rn,!';A;·~.~~COMMISS!ON # EE 204506 \~;.;.1~}?.~f EXPIR£S: JUN. 03, 2016 '11,,W.,f.;~,,, YNl\'/,MRONNOTAR'f.()Qm Signature City of Palm Beath Gardens ITB No. IT82016-056PS Comprehensive Generator Maintenance Services SAMPLE PERFORMANCE BOND FORMAT KNOW All MEN BY THESE PRESENTS: that-------------------- (Insert full name and address or legal title of successful Bidder) as Principal, hereinafter called Contractor, and-------------------' (Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of ______________ --,J ($ __________ ), for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated 2014, entered Into Contract No. with the City in accordance with the Solicitation specifications prepared by the City which Contract ls by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, It shall remain In full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Contractor shall be and declared by the City to be in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default or shall promptly: a. Complete the Contract in accordance with its terms and conditions; or b. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible Bidder, or if the City elects, upon determination by the City and the Surety jointly of the most responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth In the first paragraph hereof. The term "balance Page I 31 Cily of Palm Beach Gardens ITB No . ITB2016-056PS Comprehensive Generator Maintenance Services of the contract price", as used in this paragraph, shall mean the total amount payable by the City to Contractor under the contract and any amendments thereto, less the amount properly paid by the City to the Contractor. Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this ____ day of _________ ~ 2014. (Prin ci pal) (Seal) (Witness) (Titre) {Name of Insurer) Surety (Seat) By: _____________ ~ (Witness) (Attorney-in-Fact) Page I 32 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SAMPLE PAYMENT BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that -------------------- (Insert full name and address or legal title of successful Bidder) as Principal, hereinafter called Contractor, and-------------------' (Name of Insure r) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obllgee, hereinafter called the City, in the amount of ______________ __, ($ __________ ), for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated 2014, entered into Contract No. with the City in accordance with the Solicitation specifications prepared by the City which Contract is by reference made a part hereof and Is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If said Contractor and all subcontractors to whom any portion of the work provided for In said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants In suits on this bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect. HOWEVER, this bond is subject to the following conditions and limitations: a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for In said Contract shall have a direct right of action against the Contractor and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said Contract is to be performed or In any county In which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon. b) The Principal and Surety hereby designate and appoint -------------- Page I 33 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services ________________________ a.s the agent of each of them to receive and accept service of process or other plea ding issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety. c) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that Is Instituted later than one year after the final settlement of said Contract. d) This bond is given pursuant to and in accordance with the provisions of Florida Statutes, and all the provisions of the law referring to this character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this ____ day of _________ _, 2014. (Principal) (S eal) (Witness) (ntlel (Nam e of Insurer) Surety (S eal) By: ____________ _ (Witn ess) (Attorney-In-Fa ct) Pa ge I 34 City of Palm Beach Gardens ITB No. ll62016-0S6PS Comprehensive Generator Maintenance Services SAMPLE LETTER OF CREDIT FORMAT APPLICANT: {Name of Corporation} _________ _ {Address} _____________ _ {City, State, Zip} ___________ _ BENEFICIARY: CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 FOR U.S.D. $ __ _ DATE OF EXPIRATION: ______ _ LEDER OF CREDIT NO.: ------ ISSUANCE DATE: WE HEREBY ESTABLISH OUR IRREVOCABLE LEDER OF CREDIT NO. IN FAVOR OF THE BENEFICIARY, THE CITY OF PALM BEACH GARDENS, FLORIDA (HEREINAFTER "PBG") FOR THE ACCOUNT OF THE ABOVE-REFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON (Insert name of Bank) PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOTTO EXCEED A TOTAL OF (Insert the amount of money). THE AMOUNT REFERENCED ABOVE. DEMANDS OF THE LEDER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1) THAT SAID LEDER OF CREDIT IS ABOUT TO EXPIRE AND HAS NOT BEEN RENEWED, OR (2) THAT WORK HAS NOT BEEN COMPLETED IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: {Name of Project} ______________ (THE 'PROJECT'). IT IS A CONDITION OF THIS LEDER OF CREDIT THAT ITWILL BE AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY AMENDMENT, UNLESS THIRTY (30) DAYS BUT NO MORE THAN SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, OR BY COURIER VIA HAND DELIVERY AT THE ABOVE-LISTED ADDRESS, THAT WE ELECT NOT TO CONSIDER THIS LEDER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO {Name of Bank} (THE 'BANK'), WHICH IS DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT, AS DESCRIBED IN THIS LEDER OF CREDIT, IS PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LEDER OF CREDIT AND UPON Page I 35 CilV of Palm Beach Gardens ITB No. ITB2016 ·056PS Comprehensive Generator Maintenance Services PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDIT SHOULD PBG PREVAIL. DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO: {Name of Bank Branch} ___________ _ {Address} _______________ _ {City, State, Zip} _____________ _ ATTN: {Department} ____________ _ ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. PARTIAL DRAWINGS ARE PERMITTED . THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED "DRAWN UNDER {Name of Bank} LETTER OF CREDIT NUMBER DATED ________ ., 20 _." THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, {2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600", AND TO THE PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. {Name of Bank} ________ _ BY: __________ _ {Name} _______ _ {Title} _______ _ Page I 36 SECTION 8 City of Palm Beach Ga,dens ITB No. ITB2016 ·056PS Comprehensive Generator Maintenance Services SAMPLE AGREEMENT FORMAT Below is the standard agreement format for this Invitation to Bid. This Is a sample agreement only and is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this __ day of 20__, (the "effective date") by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and a corporation (hereafter referred to as "Contractor"), whose address is------- WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Bid No. and the Contractor's response thereto, all of which are Incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. and the Contractor's response to the Invitation to B,id, includlng all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, which are Incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, In compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be In writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page I 37 I. As to the City: ii. with a copy to: iii. As to the Contractor: City of Palm Beach Gardens ITB No. IT82016·056PS Comprehensive Generator Maintenance Services City of Palm Beach Gardens 10500 North Mil ita ry Tra il Palm Beach Gardens, Florida 33410 Attn: City Manager Email: City of Palm Beach Gardens 10500 North Milita ry Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: Attn.:, ___________ _ Email : ________ _ b. Hea dings . The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or Interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the da te It has been executed by both the parties hereto. ARTICLES. CONTRACT TERM This term of this Agreement shall be from the effective date through ----...J 20__, unless terminated earlier in accordan ce with terms set forth in the ITB. (Remainder of this page is intentionally left blank.) Page I 38 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services IN WITNESS WH EREOF, the parties have executed this Agreement on the dates hereinafter written. [S EAL] ATIEST: By: _________ _ Patricia Snider, CMC, City Cl erk APPROV ED AS TO FORM AND LEGAL SUFFI CIENCY By: _________ _ R. Max Lohman, City Att orney WITNESS: CITY OF PALM BEACH GARDENS, FLORIDA By: ____________ _ Ronald M. Ferris, City Manager By: ____________ _ Print Name: _____________ _ Title: _______________ _ By: ____________ _ Pri nt Name:------------ Page I 39 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Page I 40 Municipal Complex, City Hall 10500 N Military Trail Burns Road Recreation Cen 4404 Burns Road Public Works 3704 Burns Road Riverside Youth Center 10170 Riverside Drive Police Cell Tower Old Dixie Highway Public Services Building 4301 Burns Road Fire Station l 10500 N Military Trail Fire Station 2 11025 Campus Drive Fire Station 3 5161 Northlake Blvd Fire Station 4 11264 Jog Road Fire Station 5 3913 Hood Road Public Works* 3704 Burns Road Public Works* 3704 Burns Road SECTION 9 EXHIBIT A GENERATOR IDENTIFICATION AND LOCATION KW Spectrum 750054 750 Kohler 230REOZJB 225 Terex OT90P 72 Generac 98A055580-S 85 Onan GGFD-4959819 35 Magnum MMG80 55 Broad crown BCJD275-60 275 Kohler lOOREZGD 100 Generac 2424030600 200 Wacker 5891169 180 Kohler 180RZD 180 Coleman CJ6Tl05SQ 105 Terex OT180C 135 City of Palm Beach Gardens ITS No. IT82016-056PS Comprehensive GeneratDr Maintenance Services ..... FUEL TYPE STATIONARY/MOiilLE . Diesel Stationary Diesel Stationary Diesel Stationary LNG Stationary LNG Stationary Diesel Stationary Diesel Stationary LNG Stationary LNG Stationary Diesel Stationary LNG Stationary Diesel Mobile Diesel Mobile Public Works* 14. 3704 Burns Road Terex OT90P Public Works* 15. 3704 Burns Road Terex OT90P Municipal Complex, PSAP 10500 N Military Trail NOTE: "'Public Works is the storage site for all mobile generators. Page I 41 72 72 City of Palm Beach Ga rdens ITS No. IT820l6-0S6PS Comprehensive Generawr Maintenance Services Diesel Mobile Diesel Mobil e IMPORTANT NOTICE SECTION 10 SOLICITATION SUMMARY The Ctty of Palm Beach Gardens 10500 North Miiitary Traii Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT SOLICITATION SUMMARY City of Palm lleach Gardens ITB No. ITB2016 -0S6PS Comprehensive Generator Maintenance Services The Information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitatlon. It Is VERY IMPORTANT that the summary Information you provide below is exactly the same information contained in your Bld. If subsequent to the opening of Bids, the City determines that the Information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bld from further evaluation and consideration for contract award. Proposal Number: Title: Due Date and Time: Name of Proposer: Address: Contact Person: Bid Amount: Authorized Signature: Date : BID INFORMATION ITB2016-056PS Comprehensive Generator Maintenance Services fg, M~ =:J)t::"cero 'o.e.,<2. I ' ~o \ s @.. 5.'00 fm ~ ) . At\ Q<:>u)o.f (.-!et..>eJ?ffT.o~s 0£)<4j . q '6\.\ l )\W \\'l \,B -~ 1 \.\s,\\aJ~\ 3 3 118 m \ci)~\)g__ 5~\ \ C,\f\\\)U By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained In the electronic version of the Bidder's Bid to the City of Palm Beach Gardens. NOTE: This Solicitation Summary must be signed and Included as an ORIGINAL HARDCOPY in the envelope containing your Bid. · Page I 42 TO: PA I.M B t h C II G,\R D F.llS ·:, 1111lq11 ,• 11lr,,·,• la /i,· .. ·, /,•drJrp muJ. ,C· J'ld,1•" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 1 All Potential Bidders DATE: November 17, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following question was received from a potential Bidder, and the answer ls provided as shown. Question: Response: We have reviewed the bid and understood that you changed the response time to two hours. However, the load banking and ATS testing are still included in the scope and yet there is no requirement for a licensed electrician as the prime on this job. Perhaps the easiest way to settle this matter is to get the Chief Electrical Inspector at the Palm Beach Gardens Building Department to make a decision. He is the final authority having jurisdiction . The City's Chief Building official and the Electrical Inspector state that the firm selected to perform the Comprehensive Generator Maintenance Service does not need to be a licensed electrician provided the pe rson who performs the electrical aspect of the maintenance work and the load bank testing is a licensed electrician. The generator f irm mu st have a licensed electrician on staff or contract with a licensed electrician to perform the electrical aspects of the scope of work. Bidders must state in their bid response whether they have a licensed electrician on staff to per/ orm the electrical aspect of the work or will contract with a licensed electrician to perform these services. A copy of the relevant license shall be included with the bid submittal. All other terms, covenants and conditions of the subject solicitation and any addenda is sued thereto shall apply, except to the extent herein amended. fl,,..{~. CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director I I TO: PA lM B[ACn GARD E NS ·:11mlq111· pl11L\" l,1 li1't.•, f,•11rn, »·ml: ,~ 1•f1\\'0 ' CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 2 All Potential Bidders DATE: November 19, 2015 SOLICITATION NO.: ITB2016-05 6PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: FRIDAY, DECEMBER 11, 2015@ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following licensing requirements are added to the Invitation to Bid as Section 2.15. 2.15 CERTIFICATIONS/LICENSES Any Bidder which submits an offer in response to this Solicitation shall, at the time of such offer, hold a valid Electrical Contractor License, or Mechanical Contractor License, or a General Contractor License, issued by the State or County Examining Board qualifying the Bidder to perform the work proposed. If work for other trades Is required in conjunction with this Solicitation and will be performed by a subcontractor(s), the applicable License Issued to the subcontractor(s) shall be submitted with the Bidder's offer; provided, however, the City may at Its option and in its best Interest allow the Bidder to supply the subcontractor(s) license to the City during the Bid evaluation period . All other terms, covenants and conditions of the subject solicitation and any addenda Issued thereto shall apply, except to the extent here in amended. fl,,,/ ~' CPPO, CPPB, CPSM, C.P.M., CAP·OM, CPCP Purchasing and Contracts Director TO: PAlM BEA C II GARDF.NS ':f rm/t/llc• pfun• fr, /it•,·. /,'IU(I, 1Wtl ,f rf°')·'' CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 3 All Potential Bidders DATE: November 30, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following questions were received from a potential Bidder, and the answers are provided as shown. Question 1: Response: Question 2: Response: Page 1 of 2 On page 17, section 3.2 -it states "exercise no less than 15 minutes" On page 17 section 3.3.a -it states "take fuel sample for lab testing (annual)" On page 18, section 3 .3.e -it states "test no load operation" and then "test operation with building load (annual)" On page 19, section 3.3.f -it states "transfer test (bi -annual)" And On page 19 section 3.5 "4 hour load bank test every 6 months {bi-annual)" NFPA 110 Operational Inspection and Testing section 8.4.2 (1), (2) and (3) describes the testing for diesel generator sets in service (all your generators except page 22, Section 4, items h. and k.). The sections referenced above differ than what is required as far as the length of testing and frequency. Load banks are only required annually if the conditions are not met for monthly testing. Having to do load banks for 4 hours twice a year per the bid docs greatly increases the cost to the city when testing is only required annually for 2 hours. The standards and testing frequencies established In the Invitation to Bid are the requirements the Bidder must perform, irrespective of whether they are more stringent than those established by the NFPA or are more costly. Does the city want full slate testing on fuel or only water and sediment? The cost of full slate testing Is greater than 4 times the cost of water and sediment only testing? The testing on fuel should be only for water and sediment. Full slate testing Is not required. ,,' Question 3: Response: Question 4 : Response: Question S: Response: On page15 of the bid docs, section 2.14 Performance Bond states "inte nti onall y omi tted" yet page 31 & 32 (actual bid submittal pages) are the Sample Performance Bon d For mat. Are the Sample Performance Bond Format pages required to be submitted? As Identified and stated in the Invitation to Bid, these as sample formats and not required for submittal. There Is no Performance Bond requirement for this project. Same question as below for the Sample Payment Bond Format on pages 33 & 34 of the bid submittal. See response to Question 3 above . Also, page 40, section 9, exhibit A, Generator id entification and location, number 9, Fire station 3, our research shows this to be a diese l generator, not gas or propane . Please clarify and or verify generator model number and fuel source . The City's Facilities staff have verified that the generator is fueled by natural gas, as stated in the Invitation to Bid. All other terms, covenants and conditions of the subject solicita t ion and any addenda Issued thereto shall apply, except to the extent herein amended. fli,._f RA, CPPO, CPPB, CPSM, C.P .M ., CAP -OM, CPCP Purchasing and Contracts Director Page 2 of2 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE – RECOMMENDATION TO AWARD DATE: December 22, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Service Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers received for the above-mentioned Solicitation. The City Manager or designee has recommended award of the contract to the following Bidder: NAME OF VENDOR: All Power Generators Corp DETAILS: Year One: $38,700 (Thirty Eight Thousand Seven Hundred Dollars) Year Two: $38,700 Year Three: $38,700 Year Four: $38,700 Year Five: $38,700 Total Contract Value: $193,500 (One Hundred Ninety Three Thousand Five Hundred Dollars) Options to Renew: None. NOTES: None. Per: Km! Ra, CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director c: Patty Snider, CMC City Clerk Ci t y of Pa l m Be a c h Ga r d e n s , Fl o r i d a Bi d Ta b u l a t i o n IT B 2 0 1 6 ‐05 6 P S Co m p r e h e n s i v e Ge n e r a t o r Ma i n t e n a n c e Se r v i c e s Km ! R a ZA B A T T PO W E R SY S T E M S A L L PO W E R GE N E R A T O R S A S S U R A N C E PO W E R SY S T E M S M E G A W A T T A G E O K GENERATORS PARAMOUNT POWER PEAK POWER SERVICES TAW POWER SYSTEMS 59 ‐18 8 9 2 7 1 6 5 ‐11 3 0 8 9 5 2 0 ‐37 0 6 6 2 8 0 6 ‐17 8 8 5 5 4 5 9 ‐2473830 59 ‐3306520 20 ‐3516517 45 ‐4241826 Ja c k s o n v i l l e , FL M e d l e y , FL D e l r a y Be a c h , FL F o r t La u d e r d a l e , FL D e e r f i e l d Beach Largo, FL Tampa, FL Riverview, FL Ye s Y e s Y e s Y e s Y e s Y e s N o Y e s No N o N o N o N o N o N o N o No N o N o N o N o N o N o Y e s Ye s Y e s Y e s Y e s Y e s Y e s Y e s Y e s J. Mi c h a e l Sa b a t i e r J u a n R. Ga r c i a B r a n d o n Da v i s M i c h a e l S. Ja n s e n R i c h a r d A. Swartz Brad Jones Kevin Boyles Michael MacInnes 90 4 . 3 8 4 . 4 5 0 5 3 0 5 . 8 8 8 . 0 0 5 9 5 6 1 . 8 8 6 . 0 4 7 0 9 5 4 . 3 2 8 . 0 2 3 2 9 5 4 . 4 2 8 . 9 9 9 0 7 2 7 . 5 3 6 . 9 9 7 9 8 1 3 . 2 4 8 . 5 2 0 0 8 1 3 . 6 2 1 . 5 6 6 1 Ve n d o r Co n t a c t Fa x Nu m b e r 90 4 . 3 8 4 . 9 9 1 5 3 0 5 . 8 8 8 . 2 0 9 0 5 6 1 . 8 9 2 . 8 2 4 3 3 0 5 . 4 3 6 . 3 7 3 6 9 5 4 . 3 6 0 . 7 9 6 9 7 2 7 . 5 3 0 . 1 4 9 5 8 1 3 . 2 4 8 . 5 2 2 4 8 1 3 . 2 1 7 . 8 0 7 4 se r v i c e @ z a b a t t . c o m al l p w r @ b e l l s o u t h . n e t br a n d o n . d a v i s @ a s s u r a n c e p o w e r . c o m mj a n s e n @ m e g a w a t t a g e . c o m ri c h @ o k g e n e r a t o r s . c o m bjones@paramountpwr.com kboyles@peakpowerservices.com michael.macinnes@tawinc.com NO . 1 a $ 3 , 8 8 0 . 0 0 $ 3 , 4 5 0 . 0 0 $ 3 , 8 7 6 . 4 2 $ 3 , 4 5 0 . 0 0 $ 1 1 , 6 1 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 4 , 2 9 4 . 7 5 $ 3 , 5 7 9 . 0 0 b $ 2 , 9 5 0 . 0 0 $ 2 , 6 0 0 . 0 0 $ 2 , 8 3 5 . 6 7 $ 2 , 9 0 0 . 0 0 $ 9 , 0 1 5 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 8 3 2 . 7 5 $ 2 , 3 5 9 . 0 0 c $ 2 , 3 5 0 . 0 0 $ 2 , 1 2 5 . 0 0 $ 2 , 6 6 1 . 4 2 $ 2 , 9 0 0 . 0 0 $ 8 , 4 4 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 3 . 7 5 $ 1 , 7 4 5 . 0 0 d $ 2 , 3 5 0 . 0 0 $ 2 , 2 0 0 . 0 0 $ 2 , 6 6 1 . 4 2 $ 2 , 9 0 0 . 0 0 $ 8 , 2 8 5 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 3 . 7 5 $ 1 , 6 9 5 . 0 0 e $ 2 , 2 0 5 . 0 0 $ 2 , 0 5 0 . 0 0 $ 2 , 6 1 3 . 4 2 $ 2 , 9 0 0 . 0 0 $ 7 , 9 9 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 1 5 2 . 0 2 $ 1 , 6 9 5 . 0 0 f $ 2 , 3 5 0 . 0 0 $ 2 , 1 2 5 . 0 0 $ 2 , 6 6 1 . 4 2 $ 2 , 9 0 0 . 0 0 $ 8 , 2 4 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 2 9 2 . 7 5 $ 1 , 7 4 5 . 0 0 g $ 2 , 9 5 0 . 0 0 $ 2 , 6 2 5 . 0 0 $ 2 , 8 3 5 . 6 7 $ 2 , 8 7 5 . 0 0 $ 9 , 5 5 5 . 0 0 $ 3 , 0 3 1 . 0 0 $ 3 , 0 5 7 . 7 5 $ 2 , 4 3 4 . 0 0 h $ 2 , 4 7 0 . 0 0 $ 2 , 2 7 5 . 0 0 $ 2 , 6 6 1 . 4 2 $ 2 , 9 0 0 . 0 0 $ 6 , 5 7 5 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 3 . 7 5 $ 1 , 7 8 4 . 0 0 i $ 2 , 9 0 0 . 0 0 $ 2 , 6 0 0 . 0 0 $ 2 , 7 5 6 . 9 2 $ 2 , 9 0 0 . 0 0 $ 9 , 3 2 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 3 , 0 5 7 . 7 5 $ 2 , 1 0 9 . 0 0 j $ 2 , 7 2 0 . 0 0 $ 2 , 6 0 0 . 0 0 $ 2 , 7 5 6 . 9 2 $ 2 , 9 0 0 . 0 0 $ 8 , 3 5 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 9 9 5 . 7 5 $ 1 , 9 3 4 . 0 0 k $ 2 , 7 2 0 . 0 0 $ 2 , 6 0 0 . 0 0 $ 2 , 7 5 6 . 9 2 $ 2 , 9 0 0 . 0 0 $ 7 , 1 6 5 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 9 9 5 . 7 5 $ 1 , 8 8 4 . 0 0 l $ 2 , 4 7 0 . 0 0 $ 2 , 2 0 0 . 0 0 $ 2 , 7 5 6 . 9 2 $ 2 , 9 0 0 . 0 0 $ 8 , 3 6 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 4 . 7 5 $ 1 , 8 3 4 . 0 0 m $ 2 , 4 7 0 . 0 0 $ 2 , 2 0 0 . 0 0 $ 2 , 7 5 6 . 9 2 $ 2 , 9 0 0 . 0 0 $ 8 , 3 9 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 4 . 7 5 $ 1 , 8 3 4 . 0 0 n $ 2 , 3 5 0 . 0 0 $ 2 , 1 0 0 . 0 0 $ 2 , 6 6 1 . 4 2 $ 2 , 9 0 0 . 0 0 $ 8 , 4 4 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 4 . 7 5 $ 1 , 7 4 5 . 0 0 o $ 2 , 3 5 0 . 0 0 $ 2 , 2 0 0 . 0 0 $ 2 , 6 6 1 . 4 2 $ 2 , 9 0 0 . 0 0 $ 8 , 4 4 0 . 0 0 $ 3 , 0 3 1 . 0 0 $ 2 , 4 8 4 . 7 5 $ 1 , 7 4 5 . 0 0 p $3 , 1 0 0 . 0 0 $ 2 , 7 5 0 . 0 0 $ 2 , 8 3 5 . 6 7 $ 2 , 8 7 5 . 0 0 $ 9 , 4 1 5 . 0 0 $ 3 , 0 3 1 . 0 0 $ 3 , 0 5 7 . 7 5 $ 2 , 5 5 9 . 0 0 $4 2 , 5 8 5 . 0 0 $ 3 8 , 7 0 0 . 0 0 $ 4 4 , 7 4 9 . 9 7 $ 4 6 , 9 0 0 . 0 0 $137,590.00 $48,496.00 $44,127.27 $32,680.00 2 a $ 8 5 . 0 0 $ 6 0 . 0 0 $ 6 5 . 0 0 $ 8 4 . 0 0 $ 1 2 5 . 0 0 $ 8 5 . 0 0 $ 1 1 0 . 0 0 $ 1 0 5 . 0 0 b $ 8 5 . 0 0 $ 6 0 . 0 0 $ 6 5 . 0 0 $ 8 4 . 0 0 $ 1 2 5 . 0 0 $ 8 5 . 0 0 $ 9 0 . 0 0 $ 8 8 . 0 0 c $ 8 5 . 0 0 $ 6 0 . 0 0 $ 6 5 . 0 0 $ 8 4 . 0 0 $ 1 2 5 . 0 0 $ 8 5 . 0 0 $ 8 0 . 0 0 $ 8 8 . 0 0 d $ 8 5 . 0 0 $ 4 0 . 0 0 $ 4 5 . 0 0 $ 6 5 . 0 0 $ 7 5 . 0 0 $ 6 5 . 0 0 $ 7 5 . 0 0 $ 7 2 . 0 0 e $ 8 5 . 0 0 $ 4 0 . 0 0 $ 4 5 . 0 0 $ 6 0 . 0 0 $ 7 5 . 0 0 $ 6 5 . 0 0 $ 7 0 . 0 0 $ 5 5 . 0 0 f 1 0 % 1 0 % 1 0 % 1 0 % 1 0 % 1 0 % 1 0 % 1 0 % 3 E l e c t r i c a l E l e c t r i c a l E l e c t r i c a l , Ge n e r a l E l e c t r i c a l N o n e L P G N o n e N o n e El e c t r i c i a n Ma r k ‐Up on Ma t e r i a l s , Pa r t s an d Eq u i p m e n t Pu b l i c Wo r k s De p a r t m e n t ‐ Co l e m a n Pu b l i c Wo r k s De p a r t m e n t ‐ Te r e x Bu r n s Ro a d Re c r e a t i o n Ce n t e r Me c h a n i c Pu b l i c Wo r k s De p a r t m e n t ‐ Te r e x Ty p e of Li c e n s e Su b m i t t e d : Pu b l i c Se r v i c e s Bu i l d i n g Fi r e Re s c u e St a t i o n No . 1 Ve n d o r FE I N La b o r e r Pu b l i c Wo r k s De p a r t m e n t PR E V E N T A T I V E MA I N T E N A N C E SE R V I C E S Te c h n i c i a n ' s He l p e r Fi r e Re s c u e St a t i o n No . 5 Fi r e Re s c u e St a t i o n No . 4 IT B No . : Bi d Ti t l e : Pr e p a r e d by : VE N D O R NA M E : Nt Wh ll i td hi h l i h t l id d i ll (d if li b l f d bl f tt i ) Bi d Op e n i n g Da t e : Fr i d a y , De c e m b e r 11 , 20 1 5 @ 3: 0 0 P M Ve n d o r Co n t a c t Em a i l LO C A T I O N Ri v e r s i d e Yo u t h En r i c h m e n t Ce n t e r Mu n i c i p a l Co m p l e x , PS A P TO T A L AN N U A L PR I C E : EM E R G E N C Y RE P A I R SE R V I C E S Po l i c e Ce l l To w e r , Ol d Di x i e Hi g h w a y Mu n i c i p a l Co m p l e x , Ci t y Ha l l Fi r e Re s c u e St a t i o n No . 2 Fi r e Re s c u e St a t i o n No . 3 Co r p o r a t i o n Ad d r e s s (S t a t e ) : Ar e Su b m i t t a l Fo r m s Co m p l e t e ? Co n v i c t i o n Di s c l o s u r e (Y e s / N o ) In c u m b e n t Ve n d o r (Y e s / N o ) Ve n d o r Co n t a c t (f o r th i s bi d ) Ad d e n d a Ac k n o w l e d g e d (Y e s / N o ) : Ve n d o r Co n t a c t Ph o n e Nu m b e r Pu b l i c Wo r k s De p a r t m e n t ‐ Te r e x Te c h n i c i a n / R e p a i r m a n IT B 2 0 1 6 ‐05 6 P S Co m p r e h e n s i v e Ge n e r a t o r Ma i n t e n a n c e Se r v i c e s Km ! R a ZA B A T T PO W E R SY S T E M S A L L PO W E R GE N E R A T O R S A S S U R A N C E PO W E R SY S T E M S M E G A W A T T A G E O K GENERATORS PARAMOUNT POWER PEAK POWER SERVICES TAW POWER SYSTEMS 59 ‐18 8 9 2 7 1 6 5 ‐11 3 0 8 9 5 2 0 ‐37 0 6 6 2 8 0 6 ‐17 8 8 5 5 4 5 9 ‐2473830 59 ‐3306520 20 ‐3516517 45 ‐4241826 Ve n d o r FE I N IT B No . : Pr e p a r e d by : VE N D O R NA M E : Nt Wh ll i td hi h l i h t l id d i ll (d if li b l f d bl f tt i ) Bi d Op e n i n g Da t e : Fr i d a y , De c e m b e r 11 , 20 1 5 @ 3: 0 0 P M NO T E : T h i s bi d ta b u l a t i o n is an in d i c a t i o n of pr i c e s on l y an d no t a de t e r m i n a t i o n of th e re s p o n s i v e , re s p o n s i b l e bi d d e r s . 1T A W Po w e r Sy s t e m s wa s de e m e d no n ‐re s p o n s i v e . Th e Bi d d e r fa i l e d to pr o v i d e a re q u i r e d va l i d an d cu r r e n t li c e n s e as an el e c t r i c a l , me c h a n i c a l , or ge n e r a l co n t r a c t o r . City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE – RECOMMENDATION TO AWARD DATE: December 22, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Service Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers received for the above-mentioned Solicitation. The City Manager or designee has recommended award of the contract to the following Bidder: NAME OF VENDOR: All Power Generators Corp DETAILS: Year One: $38,700 (Thirty Eight Thousand Seven Hundred Dollars) Year Two: $38,700 Year Three: $38,700 Year Four: $38,700 Year Five: $38,700 Total Contract Value: $193,500 (One Hundred Ninety Three Thousand Five Hundred Dollars) Options to Renew: None. NOTES: None. Per: Km! Ra, CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director c: Patty Snider, CMC City Clerk City of Palm Beach Gardens, Florida Bid Tabulation ITB2016-056PS Comprehensive Generator Maintenance Services Km! Ra ZABATT POWER SYSTEMS ALL POWER GENERATORS ASSURANCE POWER SYSTEMS MEGAWATTAGE OK GENERATORS PARAMOUNT POWER PEAK POWER SERVICES TAW POWER SYSTEMS 59-1889271 65-1130895 20-3706628 06-1788554 59-2473830 59-3306520 20-3516517 45-4241826 Jacksonville, FL Medley, FL Delray Beach, FL Fort Lauderdale, FL Deerfield Beach Largo, FL Tampa, FL Riverview, FL Yes Yes Yes Yes Yes Yes No Yes No No No No No No No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes J. Michael Sabatier Juan R. Garcia Brandon Davis Michael S. Jansen Richard A. Swartz Brad Jones Kevin Boyles Michael MacInnes 904.384.4505 305.888.0059 561.886.0470 954.328.0232 954.428.9990 727.536.9979 813.248.5200 813.621.5661 Vendor Contact Fax Number 904.384.9915 305.888.2090 561.892.8243 305.436.3736 954.360.7969 727.530.1495 813.248.5224 813.217.8074 service@zabatt.com allpwr@bellsouth.net brandon.davis@assurancepower.com mjansen@megawattage.com rich@okgenerators.com bjones@paramountpwr.com kboyles@peakpowerservices.com michael.macinnes@tawinc.com NO. 1 a $3,880.00 $3,450.00 $3,876.42 $3,450.00 $11,610.00 $3,031.00 $4,294.75 $3,579.00 b $2,950.00 $2,600.00 $2,835.67 $2,900.00 $9,015.00 $3,031.00 $2,832.75 $2,359.00 c $2,350.00 $2,125.00 $2,661.42 $2,900.00 $8,440.00 $3,031.00 $2,483.75 $1,745.00 d $2,350.00 $2,200.00 $2,661.42 $2,900.00 $8,285.00 $3,031.00 $2,483.75 $1,695.00 e $2,205.00 $2,050.00 $2,613.42 $2,900.00 $7,990.00 $3,031.00 $2,152.02 $1,695.00 f $2,350.00 $2,125.00 $2,661.42 $2,900.00 $8,240.00 $3,031.00 $2,292.75 $1,745.00 g $2,950.00 $2,625.00 $2,835.67 $2,875.00 $9,555.00 $3,031.00 $3,057.75 $2,434.00 h $2,470.00 $2,275.00 $2,661.42 $2,900.00 $6,575.00 $3,031.00 $2,483.75 $1,784.00 i $2,900.00 $2,600.00 $2,756.92 $2,900.00 $9,320.00 $3,031.00 $3,057.75 $2,109.00 j $2,720.00 $2,600.00 $2,756.92 $2,900.00 $8,350.00 $3,031.00 $2,995.75 $1,934.00 k $2,720.00 $2,600.00 $2,756.92 $2,900.00 $7,165.00 $3,031.00 $2,995.75 $1,884.00 l $2,470.00 $2,200.00 $2,756.92 $2,900.00 $8,360.00 $3,031.00 $2,484.75 $1,834.00 m $2,470.00 $2,200.00 $2,756.92 $2,900.00 $8,390.00 $3,031.00 $2,484.75 $1,834.00 n $2,350.00 $2,100.00 $2,661.42 $2,900.00 $8,440.00 $3,031.00 $2,484.75 $1,745.00 o $2,350.00 $2,200.00 $2,661.42 $2,900.00 $8,440.00 $3,031.00 $2,484.75 $1,745.00 p $3,100.00 $2,750.00 $2,835.67 $2,875.00 $9,415.00 $3,031.00 $3,057.75 $2,559.00 $42,585.00 $38,700.00 $44,749.97 $46,900.00 $137,590.00 $48,496.00 $44,127.27 $32,680.00 2 a $85.00 $60.00 $65.00 $84.00 $125.00 $85.00 $110.00 $105.00 b $85.00 $60.00 $65.00 $84.00 $125.00 $85.00 $90.00 $88.00 c $85.00 $60.00 $65.00 $84.00 $125.00 $85.00 $80.00 $88.00 d $85.00 $40.00 $45.00 $65.00 $75.00 $65.00 $75.00 $72.00 e $85.00 $40.00 $45.00 $60.00 $75.00 $65.00 $70.00 $55.00 f 10%10%10%10%10%10%10%10% 3 Electrical Electrical Electrical, General Electrical None LPG None None NOTE:This bid tabulation is an indication of prices only and not a determination of the responsive, responsible bidders. 1 TAW Power Systems was deemed non-responsive. The Bidder failed to provide a required valid and current license as an electrical, mechanical, or general contractor. Electrician Mark-Up on Materials, Parts and Equipment Public Works Department - Coleman Public Works Department - Terex Burns Road Recreation Center Mechanic Public Works Department - Terex Type of License Submitted: Public Services Building Fire Rescue Station No. 1 Vendor FEIN Laborer Public Works Department PREVENTATIVE MAINTENANCE SERVICES Technician's Helper Fire Rescue Station No. 5 Fire Rescue Station No. 4 ITB No.: Bid Title: Prepared by: VENDOR NAME: Note: When all prices are entered, highlight low priced vendor in yellow (and if applicable, green for secondary, blue for tertiary). Bid Opening Date: Friday, December 11, 2015 @ 3:00PM Vendor Contact Email LOCATION Riverside Youth Enrichment Center Municipal Complex, PSAP TOTAL ANNUAL PRICE: EMERGENCY REPAIR SERVICES Police Cell Tower, Old Dixie Highway Municipal Complex, City Hall Fire Rescue Station No. 2 Fire Rescue Station No. 3 Corporation Address (State): Are Submittal Forms Complete? Conviction Disclosure (Yes/No) Incumbent Vendor (Yes/No) Vendor Contact (for this bid) Addenda Acknowledged (Yes/No): Vendor Contact Phone Number Public Works Department - Terex Technician/Repairman Page 1 of 2 CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 3 DATE: November 30, 2015 TO: All Potential Bidders SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following questions were received from a potential Bidder, and the answers are provided as shown. Question 1: On page 17, section 3.2 - it states “exercise no less than 15 minutes” On page 17 section 3.3.a - it states “take fuel sample for lab testing (annual)” On page 18, section 3.3.e - it states “test no load operation” and then “test operation with building load (annual)” On page 19, section 3.3.f - it states “transfer test (bi-annual)” And On page 19 section 3.5 “4 hour load bank test every 6 months (bi-annual)” NFPA 110 Operational Inspection and Testing section 8.4.2 (1), (2) and (3) describes the testing for diesel generator sets in service (all your generators except page 22, Section 4, items h. and k.). The sections referenced above differ than what is required as far as the length of testing and frequency. Load banks are only required annually if the conditions are not met for monthly testing. Having to do load banks for 4 hours twice a year per the bid docs greatly increases the cost to the city when testing is only required annually for 2 hours. Response: The standards and testing frequencies established in the Invitation to Bid are the requirements the Bidder must perform, irrespective of whether they are more stringent than those established by the NFPA or are more costly. Question 2: Does the city want full slate testing on fuel or only water and sediment? The cost of full slate testing is greater than 4 times the cost of water and sediment only testing? Response: The testing on fuel should be only for water and sediment. Full slate testing is not required. Page 2 of 2 Question 3: On page15 of the bid docs, section 2.14 Performance Bond states “intentionally omitted” yet page 31 & 32 (actual bid submittal pages) are the Sample Performance Bond Format. Are the Sample Performance Bond Format pages required to be submitted? Response: As identified and stated in the Invitation to Bid, these as sample formats and not required for submittal. There is no Performance Bond requirement for this project. Question 4: Same question as below for the Sample Payment Bond Format on pages 33 & 34 of the bid submittal. Response: See response to Question 3 above. Question 5: Also, page 40, section 9, exhibit A, Generator identification and location, number 9, Fire station 3, our research shows this to be a diesel generator, not gas or propane. Please clarify and or verify generator model number and fuel source. Response: The City’s Facilities staff have verified that the generator is fueled by natural gas, as stated in the Invitation to Bid. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. Km! Ra, CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 2 DATE: November 19, 2015 TO: All Potential Bidders SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: FRIDAY, DECEMBER 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following licensing requirements are added to the Invitation to Bid as Section 2.15. 2.15 CERTIFICATIONS/LICENSES Any Bidder which submits an offer in response to this Solicitation shall, at the time of such offer, hold a valid Electrical Contractor License, or Mechanical Contractor License, or a General Contractor License, issued by the State or County Examining Board qualifying the Bidder to perform the work proposed. If work for other trades is required in conjunction with this Solicitation and will be performed by a subcontractor(s), the applicable License issued to the subcontractor(s) shall be submitted with the Bidder’s offer; provided, however, the City may at its option and in its best interest allow the Bidder to supply the subcontractor(s) license to the City during the Bid evaluation period. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. Km! Ra, CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 1 DATE: November 17, 2015 TO: All Potential Bidders SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following question was received from a potential Bidder, and the answer is provided as shown. Question: We have reviewed the bid and understood that you changed the response time to two hours. However, the load banking and ATS testing are still included in the scope and yet there is no requirement for a licensed electrician as the prime on this job. Perhaps the easiest way to settle this matter is to get the Chief Electrical Inspector at the Palm Beach Gardens Building Department to make a decision. He is the final authority having jurisdiction. Response: The City’s Chief Building official and the Electrical Inspector state that the firm selected to perform the Comprehensive Generator Maintenance Service does not need to be a licensed electrician provided the person who performs the electrical aspect of the maintenance work and the load bank testing is a licensed electrician. The generator firm must have a licensed electrician on staff or contract with a licensed electrician to perform the electrical aspects of the scope of work. Bidders must state in their bid response whether they have a licensed electrician on staff to perform the electrical aspect of the work or will contract with a licensed electrician to perform these services. A copy of the relevant license shall be included with the bid submittal. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. Km! Ra, CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director Page | 1 The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITB NO.: ITB2016-056PS TITLE: COMPREHENSIVE GENERATOR MAINTENANCE SERVICES DUE DATE AND TIME: FRIDAY, DECEMBER 11, 2015 @ 3:00PM INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened and read aloud at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder’s name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be a signed original of the Solicitation Summary and one (1) electronic version of your Bid on CD or a thumb drive in a usable PDF format. If the Solicitation Summary is not included in the envelope as a hard copy, the City may deem your Bid non-responsive. A hard-copy of your Bid is not required. Bids must contain all information required to be included in the submittal, as described in this Solicitation. BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its Solicitation documents. The City’s Solicitation information can be obtained from: a) Public Purchase - Please contact Public Purchase at support@publicpurchase.com; www.publicpurchase.com; or call 801-932-7000 for additional information on registration; b) DemandStar - Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City’s Vendors List - The City emails all advertised Solicitations to vendors which have joined the City’s Vendors List. To join the City’s Vendor List, please visit the City’s Purchasing webpage at www.pbgfl.com/purchasing and click on the “Join Vendors List” link. Bidders who obtain Solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City will not evaluate incomplete Bid packages. DemandStar and Public Purchase are independent entities and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy Solicitation documents, the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions regarding the specifications and Solicitation process must be submitted in writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbgfl.com. To allow enough time for the City to respond, requests for clarification and additional information should be received at least forty-eight (48) hours before the Due Date for Bids. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 2 The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 LEGAL ADVERTISEMENT INVITATION TO BID NO. ITB2016-056PS Comprehensive Generator Maintenance Services The City of Palm Beach Gardens is seeking Bids from qualified firms to provide comprehensive generator maintenance services at several City facilities, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning Monday, November 16, 2015, at 8:00 a.m. local time on the City of Palm Beach Gardens website at www.pbgfl.com and following the link to the Purchasing webpage, or by contacting the City Clerk’s Office at (561) 799 -4121. Sealed Bid packages must be clearly marked “ITB2016-056PS, Comprehensive Generator Maintenance Services” and delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410. The deadline for submission of Bids is Friday, December 11, 2015, at 3:00 p.m. local time. At that time, the Bids will be publicly opened and read aloud at City Hall, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late Bids will not be accepted and will be returned to the sender unopened. It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Solicitation package. Any questions regarding the completeness or substance of the Solicitation package or the goods or services must be submitted in writing via email or fax to Km! Ra, Purchasing and Contracts Director, kmra@pbgfl.com or (561) 799-4134. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all Bid submittals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, November 15, 2015 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 3 TABLE OF CONTENTS SECTION PAGE 1. General Terms and Conditions 4 2. Special Terms and Conditions 12 3. Technical Specifications, Statement of Work, or Scope of Services Bid Submittal 17 4. Pricing Schedule 22 5. Acknowledgement of Addenda 24 6. Signature Page 25 7. Affidavits, Performance and Payment Bonds Format, Letter of Credit Format 26 8. Sample Agreement Format 37 9. Exhibits (if applicable) 40 10. Solicitation Summary MUST BE INCLUDED AS A HARD-COPY IN THE BID PACKAGE) 42 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 4 SECTION 1 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS a. Bid: any offer(s) submitted in response to an Invitation to Bid. b. Bidder: person or firm submitting a Bid in response to an Invitation to Bid. c. Bid Solicitation or Invitation to Bid: this Solicitation documentation, including any and all addenda. d. Bid Submittal Form: describes the goods or services to be purchased, and must be completed and submitted with the Bid. e. City: shall refer to the City of Palm Beach Gardens, Florida. f. Contract or Agreement: the Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the contract or agreement between the City and the Bidder. g. Contractor: successful Bidder or Bidder who is awarded a contract to provide goods or services to the City. h. Invitation to Bid: formal request for Bids from qualified Bidders. i. Purchasing Department: the Purchasing Department of the City of Palm Beach Gardens, Florida. j. Responsible Bidder: a Bidder which has the capability in all respects to perform in full the contract requirements, as stated in the Invitation to Bid, and the integrity and reliability that will assure good-faith performance. k. Responsive Bidder: a Bidder whose Bid conforms in all material respects to the terms and conditions included in the Invitation to Bid. 1.2 CONE OF SILENCE Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Palm Beach Gardens, all Solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the “Cone of Silence”. This limits and requires documentation of communications between potential Bidders and/or Bidders on City Solicitations, the City’s professional staff, and the City Council members. 1.3 ADDENDUM The Purchasing Department may issue an addendum in response to any inquiry received, prior to the close of the Solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the Solicitation. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the Solicitation document or in the addenda issued. Where there appears to be a conflict between the Solicitation and any addenda, the last addendum issued shall prevail. It is the vendor’s responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with its Bid or Bid a signed Acknowledgment of Addenda” form, when any addenda have been issued. 1.4 LEGAL REQUIREMENTS This Solicitation is subject to all legal requirements contained in the applicable City Ordinances and Resolutions, as well as all applicable City, State, and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State, and local. 1.5 CHANGE OF BID Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid (as indicated on the cover page) with a letter on the firm’s letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 1.6 WITHDRAWAL OF BID A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the Purchasing Department prior to the Bid opening date may withdraw a Bid. A Bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.7 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.8 PROMPT PAYMENT TERMS It is the policy of the City of Palm Beach Gardens that payment for all purchases by City departments shall be made in a timely manner. The City will pay the awarded Bidder upon receipt and acceptance of the goods or services by a duly authorized City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 5 representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. Proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the City Manager or designee, not later than sixty (60) days after the date on which the proper invoice was received by the City. 1.9 DISCOUNTS (PROMPT PAYMENTS) The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during Bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the Solicitation. 1.10 PREPARATION OF BIDS a. The Bid forms define requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other forms will result in the rejection of the Bidder’s offer. The Bid submittal forms must be legible. Bidders shall use typewriter, computer, or ink. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the Bid to be rejected. b. An authorized agent of the Bidder’s firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive. c. The Bidder may be considered non-responsive if Bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this Solicitation. d. The Bidder may submit alternate Bid(s) for the same Solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted as a separate Bid submittal marked “Alternate Bid”. e. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. f. Late Bids will not be accepted and will be returned to the sender unopened. It is the Bidder’s responsibility to ensure timely delivery by the due date and time, and at the place stated in this Solicitation. No exceptions will be made due to weather, carrier, traffic, illness, or other issues. 1.11 CANCELLATION OF BID SOLICITATION The City of Palm Beach Gardens reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the City. 1.12 AWARD OF CONTRACT a. The contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the Solicitation. The City reserves the right to reject any and all Bids, to waive irregularities or technicalities, and to re-advertise for all or any part of this Bid Solicitation as deemed in its best interest. The City shall be the sole judge of its best interest. b. The City reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the City’s best interest to do so. c. The City reserves the right to negotiate prices with the responsive and responsible low Bidder, provided that the scope of work of this Solicitation remains the same. d. The Bidder’s performance as a prime contractor or subcontractor on previous City contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation. e. The City will provide a copy of the Bid Tabulation to all Bidders responding to this Solicitation. f. The Bid Solicitation, any addenda and/or properly executed modifications, the signed Agreement, the purchase order, and any change order(s) shall constitute the contract. g. The Purchasing and Contracts Director will decide all tie Bids. h. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation. i. The City reserves the right to request and evaluate additional information from any Bidder after the submission deadline as the City deems necessary. 1.13 CONTRACT EXTENSION The City reserves the right to automatically extend any agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded. 1.14 WARRANTY All warranties express and implied shall be made available to the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the City, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 6 1.15 ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder’s guidance only: a) estimates are based on the City’s anticipated needs and/or usage; and (b) the City may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. 1.16 NON-EXCLUSIVITY It is the intent of the City to enter into an agreement with the awarded Bidder that will satisfy its needs as described herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to, award of other contracts, use of any contractor, or perform the work with its own employees. 1.17 CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the successful Bidder, continue until completion at the same prices, terms, and conditions. 1.18 BID PROTEST A recommendation for contract award or rejection of award may be protested by a Bidder. The Bidder may file a written protest with the City Clerk’s office. The Bidder shall file its written protest with the City Clerk, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner’s representative (if any), and the title and Bid number of the Solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the City. The written protest must be received no later than seventy- two (72) consecutive hours (excluding Saturdays, Sundays, and legal holidays) after the time of award posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the Bidder of all rights of protest. In the event of a timely protest, the City will not proceed further with award of the contract and agreement until all administrative remedies are exhausted, or until the City Manager determines the award of the contract is immediately necessary to protect the public health, welfare, or safety. 1.19 LAWS AND REGULATIONS The awarded Bidder shall comply with all laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, state, and local laws that may affect the goods and/or services offered. 1.20 LICENSES, PERMITS AND FEES The awarded Bidder(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties, and/or fines imposed on the City or an awarded Bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded Bidder. 1.21 SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract for default. 1.22 ASSIGNMENT The awarded Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title, or interest therein, or its power to execute such contract to any person, company, or corporation without the prior written consent of the City. Assignment without the prior consent of the City may result in termination of the contract for default. 1.23 SHIPPING TERMS Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. 1.24 RESPONSIBILITIES AS EMPLOYER The employee(s) of the awarded Bidder shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The awarded Bidder shall provide physically competent employee(s) capable of performing the work as required. The City may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder shall wear proper identification. It is the awarded Bidder’s responsibility to ensure that all its employees and subcontractors comply with the employment regulations required by the US Department of Homeland Security. The City shall have no responsibility to check or verify the legal immigration status of any employee of the awarded Bidder. 1.25 INDEMNIFICATION The awarded Bidder shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney’s fees and costs of defense, which the City or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of the agreement by the City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 7 awarded Bidder or its employees, agents, servants, partners, principals, or subcontractors. The awarded Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may be incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 1.26 COLLUSION A Bidder recommended for award as the result of a competitive Solicitation for any City purchases of supplies, materials, and services (including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the City, stating either that the contractor is not related to any of the other parties Bidding in the competitive Solicitation or identifying all related parties, as defined in this Section, which Bid in the Solicitation; and attesting that the contractor’s Bid is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other Bidder to put in a sham Bid, or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not in any manner sought by collusion to secure to the Bidder an advantage over any other Bidder. In the event a recommended Bidder identifies related parties in the competitive Solicitation its Bid shall be presumed to be collusive and the recommended Bidder shall be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. 1.27 MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing, through the issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, as appropriate. 1.28 TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate any contract entered into pursuant to this Invitation to Bid ITB) with or without cause immediately upon providing written notice to the awarded Bidder. Upon receipt of such notice, the awarded Bidder shall not incur any additional costs under the contract. The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the notice of termination. The City shall be the sole judge of reasonable costs.” 1.29 TERMINATION FOR DEFAULT The City reserves the right to terminate this contract, in part or in whole, or place the vendor on probation in the event the awarded Bidder fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by specifying a reasonable time period within which the awarded Bidder must cure any such failure to perform or default. The awarded Bidders’ failure to timely cure any default shall serve to automatically terminate any contract entered into pursuant to this ITB. The City further reserves the right to suspend or debar the awarded Bidder in accordance with the appropriate City ordinances, resolutions, and/or policies. The vendor will be notified by letter of the City’s intent to terminate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re-procurement costs shall be borne by the incumbent Bidder. 1.30 FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 1.31 ACCESS AND AUDIT OF RECORDS The City reserves the right to require the awarded Bidder to submit to an audit by an auditor of the City’s choosing at the awarded Bidder’s expense. The awarded Bidder shall provide access to all of its records, which relate directly or indirectly to this Agreement, at its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City for three (3) years following expiration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. 1.32 OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts. 1.33 PRE-AWARD INSPECTION The City may conduct a pre-award inspection of the Bidder’s site or hold a pre-award qualification hearing to determine if City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 8 the Bidder is capable of performing the requirements of this Bid Solicitation. 1.34 PROPRIETARY AND/OR CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of, or in support of Bid submittals will be available for public inspection after the opening of Bids in compliance with Chapter 119 of the Florida Statutes, popularly known as the Public Record Law.” The Bidder shall not submit any information in response to this Solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the City in connection with this Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits information to the City in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the Bid as protected or confidential, the City may, in its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder’s withdrawal of the confidentiality restriction, or b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the Bid. The redaction or return of information pursuant to this clause may render a Bid non-responsive. 1.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT HIPAA) Any person or entity that performs or assists the City of Palm Beach Gardens with a function or activity involving the use or disclosure of “individually identifiable health information IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to: a. Use of information only for performing services required by the contract or as required by law; b. Use of appropriate safeguards to prevent non-permitted disclosures; c. Reporting to the City of Palm Beach Gardens any non- permitted use or disclosure; d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; e. Making Protected Health Information (PHI) available to the customer; f. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; g. Making PHI available to the City of Palm Beach Gardens for an accounting of disclosures; and h. Making internal practices, books, and records related to PHI available to the City of Palm Beach Gardens for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records and/or electronic transfer of data). The Bidder must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.36 ADDITIONAL FEES AND SURCHARGES Unless provided for in the contract/agreement, the City will not make any additional payments such as fuel surcharges, demurrage fees, or delay-in-delivery charges. 1.37 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 1.38 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or services to be acquired under this Solicitation are to be purchased, in part or in whole, with Federal funding, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which addresses Affirmative Action requirements for disabled workers, is incorporated into this Solicitation and resultant contract by reference. 1.39 BINDING EFFECT All of the terms and provisions of this contract/agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 1.40 SEVERABILITY The City’s obligation pursuant to any contract or agreement entered into in accordance with this Solicitation is specifically contingent upon the lawful appropriation of funds. Failure to lawfully appropriate funds for any contract or agreement awarded shall result in automatic termination of the contract or agreement. A non-appropriation event shall not constitute a default or breach of said contract or agreement by the City. 1.41 GOVERNING LAW AND VENUE This contract and all transactions contemplated by this agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 9 Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 1.42 ATTORNEY’S FEES It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this contract or interpret same, or if any administrative proceeding is brought for the same purposes, each party shall pay their own attorney’s fees and costs, including appellate fees and costs. 1.43 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity in the award of contracts and encourages small, local, minority, and female- owned businesses to participate. During the performance of this contract, the awarded Bidder agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the contract. The awarded Bidder shall strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida, Palm Beach County and the federal government. The awarded Bidder further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the Solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. 1.44 AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS It is agreed and understood that any City department or agency may access this contract and purchase the goods or services awarded herein. Each City department will issue a separate purchase order to the awarded Bidder for the department’s specific purchases. 1.45 CRIMINAL HISTORY BACKGROUND CHECKS Prior to hiring a contract employee or contracting with a Bidder, the City may conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The contract employee or Bidder will be required to sign an authorization for the City to access criminal background information. The costs for the background checks shall be borne by the City. 1.46 LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere in the Solicitation or resultant contract, all labor, materials, and equipment required for the performance of the requirements of the Contract shall be supplied by the awarded Bidder. 1.47 MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and living wage requirements, such as Living Wage requirements, minimum wages based on Federal Law, minimum wages based on the Davis-Bacon Act, and the provisions of any other wages laws, as may be applicable to this Contract. 1.48 PACKING SLIP AND DELIVERY TICKET A packing slip and/or delivery ticket shall accompany all items during delivery to the City. The documents shall include information on the contract number or purchase order, any back order items, and the number or quantity of items being delivered. 1.49 PURCHASE OF OTHER ITEMS The City reserves the right to purchase other related goods or services, not listed in the Solicitation, during the contract term. When such requirements are identified, the City may request price quote(s) from the awarded Bidder(s) on the contract. The City, at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another contract vendor, or a non-contract vendor. 1.50 PUBLIC RECORDS Florida law provides that municipal records shall at all times be available to the public for inspection. Chapter 119, Florida Statutes, the Public Records Law, requires that all material submitted in connection with a Bid response shall be deemed to be public record subject to public inspection upon award, recommendation for award, or thirty (30) days after Bid opening, whichever occurs first. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. If the Bidder believes any of the information contained in his/her/its Bid is considered confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and is exempt from the Public Records Law, then the Bidder, must in its response, specifically identify the material which is deemed to be exempt and state the legal authority for the exemption. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as “EXEMPT FROM PUBLIC DISCLOSURE” with the firm’s name and the Bid number clearly marked on the outside. The City will not accept Bids when the entire Bid is labeled as exempt from disclosure. The City’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. The awarded Bidder(s) shall keep and maintain public records and fully comply with the requirements set forth at Section 119.0701, Florida Statues, as applicable; failure to do so shall constitute a material breach of any and all agreements awarded pursuant to this Solicitation. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 10 1.51 CONFLICTS OF INTEREST All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of any City employee who has any interest, financial or otherwise, direct or indirect, of five percent (5%) or more in the Bidders’ firm or any of its branches. Failure to disclose any such affiliation will result in disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating in any future Bids with the City. 1.52 PUBLIC ENTITY CRIMES As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. 1.53 OTHER GOVERNMENTAL AGENCIES If a Bidder is awarded a contract as a result of this ITB, the Bidder shall allow other governmental agencies to access this contract and purchase the goods and services under the terms and conditions at the prices awarded, as applicable. 1.54 COMPLETION OF WORK AND DELIVERY All work shall be performed and all deliveries made in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the awarded Bidder(s), except in such cases where the completion date will be delayed due to acts of nature, force majeure, strikes, or other causes beyond the control of the awarded Bidder. In these cases, the awarded Bidder shall notify the City of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the City. 1.55 FAILURE TO DELIVER OR COMPLETE WORK Should the awarded Bidder(s) fail to deliver or complete the work within the time stated in the contract, it is hereby agreed and understood that the City reserves the authority to cancel the contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete the work. If the City exercises this authority, the City shall be responsible for reimbursing the awarded Bidder for work that was completed, and items delivered and accepted by the City in accordance with the contract specifications. The City may, at its option, demand payment from the awarded Bidder, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the City as a result of having to secure the services of another vendor. 1.56 CORRECTING DEFECTS The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three 3) calendar days after the City notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect, the City may (a) place the awarded Bidder in default of its contract; and/or (b) procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. 1.57 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All awarded Bidders performing services or delivering goods under this contract shall conform to all relevant OSHA, State, and County regulations during the course of such effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed in areas traversed by persons, or when deemed necessary by the City. 1.58 OMISSIONS IN SPECIFICATIONS The specifications and/or statement of work contained within this Solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. 1.59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded Bidder in conjunction with this Solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not conform to specifications, (1) the materials may be returned to the awarded Bidder at the Bidder’s expense and the contract cancelled; or (2) the City may require the awarded Bidder to replace the materials at the Bidder’s expense. 1.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 11 Accordingly, the awarded Bidder(s) performing under this contract are required to provide two (2) complete sets of Material Safety Data Sheets to each City department utilizing the any awarded products that are subject to these regulations. This information should be provided at the time when the initial delivery is made, on a department-by- department basis. 1.61 TAXES The City of Palm Beach Gardens is exempt from Federal and State taxes for tangible personal property. 1.62 BIDDER’S COSTS The City shall not be liable for any costs incurred by Bidders in responding to this Invitation to Bid. 1.63 SUBSTITUTION OF PERSONNEL It is the intention of the City that the awarded Bidder’s personnel proposed for the contract shall be available for the initial contract term. In the event the awarded Bidder wishes to substitute personnel, the awarded Bidder shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the City’s approval. In the event the substitute personnel are not satisfactory to the City, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract for cause. 1.64 FORCE MAJEURE The City and the awarded Bidder are excused from the performance of their respective obligations under the contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: a. The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. b. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. d. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the contract shall be extended by a period equal to that during which either party’s performance is suspended under this section. 1.65 NOTICES Notices shall be effective when received at the addresses specified in the contract/agreement. Changes in respective addresses to which such notices are to be directed may be made from time to time by either party by written notice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimile and email transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must also be mailed to the receiving party. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the successful Proposer and the City of Palm Beach Gardens. 1.66 POOL CONTRACTS During the term of contracts and agreements that are executed as vendor pools, awarding vendors in prequalified pools of vendors, either as a general pool or by categories, sub-categories, or groups, the City reserves the right to add new vendors to these contracts for goods or services not awarded for the original Solicitation or as part of the general pool category, sub-category or group. To be eligible to be added to these pool contracts, a vendor must meet the same eligibility requirements established in the original Invitation to Bid. 1.67 FISCAL FUNDING OUT The City’s obligation pursuant to any contract or agreement entered into in accordance with this Solicitation is specifically contingent upon the lawful appropriation of funds. Failure to lawfully appropriate funds for any contract or agreement awarded shall result in automatic termination of the contract or agreement. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 12 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this Solicitation is to establish a Contract for the purchase of comprehensive generator maintenance services, including emergency repairs, for several stationary and mobile generators, for the City of Palm Beach Gardens, Florida. 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE-BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT: Five (5) Years The Contract shall commence on the date of the duly executed Agreement, and shall remain in effect for Five (5) Years, contingent upon the completion and submittal of all required Bid documents. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHODS OF AWARD: Lowest Priced Bidder; and Secondary and Tertiary Bidders The City will award the Preventative Maintenance Services portion of this Contract, to the responsive and responsible Bidder who submits the lowest price to perform the Service. To be considered for award of this portion of the Contract, the Bidder must submit a price for each generator listed. If a Bidder fails to offer a price for each generator listed, the City will deem the Bidder non-responsive. The City may also award Primary, Secondary, and Tertiary Bidders for the Emergency Repair Services portion of the Contract. If the City chooses to award the Emergency Repairs to multiple Bidders, then the City will designate the Bidder awarded the Preventative Maintenance Services portion as the Primary Vendor, and then award the Secondary and Tertiary Vendors based on the lower prices submitted. The Primary vendor shall have the primary responsibility for responding in an emergency. If the Primary Vendor is unable to respond, or the City is unable to contact the Primary Vendor, then the City will contact the Secondary Vendor, and if necessary, then the Tertiary Vendor to perform the work. The City reserves the right to use a non-contract vendor to perform the work if the City is unable to contact any of the vendors under this Contract. The City shall have the right to terminate from the Contract the Primary, Secondary, or Tertiary Vendors for failure to respond to a City request for emergency repairs. MINIMUM CRITERIA FOR AWARD To be considered for award under this Solicitation, Bidders must provide written evidence showing that they meet the following minimum criteria: City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 13 a. The Bidder has been in the business of providing satisfactory Comprehensive Generator Maintenance Services for at least three (3) years, to public or private clients. b. The Bidder has the necessary staff, trained and certified technicians, tools and equipment, vehicles, and/or subcontractors to perform the services required under the Contract. c. The Bidder must have communications available for contact by the City on a 24-hour basis. 2.7 PRICES If the Bidder is awarded a Contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the Contract Term. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT Prior to submitting its offer, it is recommended that the Bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Bidder is also advised to examine carefully any drawings, specifications, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation and equipment inspections please contact the City department’s representative Joe Corrao at 561.804.7049 for an appointment. 2.10 EMERGENCY RESPONSE TIME The Bidder must state in its Bid that it is capable of responding to an emergency request from the City, and be on site within Two (2) Hours of notification. The City reserves the right to deem a Bidder non-responsible as a vendor, if the Bidder is unable to respond to a City emergency request within the Two (2) Hour period. 2.11 NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS The work contemplated under the Contract resultant from this Solicitation must meet the standards established under NFPA 110. The City’s expectations are that the awarded Bidder(s) must have the staffing, qualifications, equipment, and experience to perform the work on the generator systems to meet NFPA 110 for Level 2 emergency power generator systems. By submitting a bid in response to this Solicitation, Bidders are attesting that they can and will perform the work to meet the requirements of the NFPA 110 Standard. The standards established in NFPA 110 for Level 2 power generator systems are incorporated into this Solicitation by reference. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 14 2.12 INSURANCE The awarded Bidder shall not commence any performance pursuant to the terms of this Bid until certification or proof of insurance has been received and approved by the City’s Risk Coordinator or designee. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the awarded Bidder’s obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The awarded Bidder must submit a current Certificate of Insurance, naming the City of Palm Beach Gardens as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The awarded Bidder shall provide insurance coverage as follows: i. WORKERS COMPENSATION Awarded Bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the “Workers Compensation Law” of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this Solicitation. ii. COMPREHENSIVE GENERAL LIABILITY Awarded Bidder shall carry Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00); and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars 1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). iii. AUTOMOBILE LIABILITY Awarded Bidder shall carry Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. The awarded Bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. 2.13 BID BOND/GUARANTY Intentionally Omitted City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 15 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Intentionally Omitted 2.16 METHOD OF PAYMENT: Periodic Invoices for Completed Work The awarded Bidder shall submit an invoice to the City after work has been performed and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the performance of the service. Under no circumstances shall the invoice be submitted to the City in advance of the performance of the work. The invoice shall contain the following basic information: the awarded Bidder’s name and address, invoice number, date of invoice, description of the service performed and the location, the Contract number, purchase order number, and any discounts. 2.17 PURCHASE OF PARTS AND OTHER MATERIALS FOR EMERGENCY REPAIRS The City may request that the awarded Bidder(s) purchase a part or equipment to repair a generator, when such purchase will expedite the repairs to the generator. In such instances, the awarded Bidder(s) shall have the right to charge a Handling Fee of no more than Ten Percent 10%) of the cost of the part or equipment. This Handling Fee shall not be applicable to labor or other charges on the awarded Bidder(s) invoice. The City may request a copy of the awarded Bidder(s) supplier’s invoice to verify the price of the part or equipment. 2.18 WARRANTY REQUIREMENTS In addition to all other warranties that may be supplied by the Bidder, the awarded Bidder(s) shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of One (1) Year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded Bidder is under Contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the awarded Bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONAL FACILITIES Although this Solicitation and resultant Contract identifies specific facilities to be serviced, it is hereby agreed and understood that any City department or agency facility may be added to this Contract at the option of the City, for similar services. When required by the pricing structure of the Contract, awarded Bidders shall be invited to submit price quotes for these additional facilities. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current awarded Bidder(s) that offers the lowest acceptable pricing. If this Contract has a single awarded Bidder, the additional site(s) may be added to this Contract by formal modification of the Contract. The City may determine to obtain price quotes for the additional facilities from non-Contract vendors in the event that fair and reasonable pricing is not obtained from the current awarded Bidders, or for other reasons at the City’s discretion. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 16 2.20 MAINTENANCE, REPAIR, AND OPERATING SUPPLIES Except for replacement parts and equipment, the awarded Bidder shall be responsible for providing all maintenance, repairs, and operating (MRO) supplies to perform the work required under the Contract. Such MRO items shall include filters, oils, grease, screws, bolts, fasteners, and other items. 2.21 CLEAN UP The awarded Bidder shall remove all unusable materials and debris from the work areas at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the City’s authorized representative. 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE The hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted. 2.24 MOTOR VEHICLE LICENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE-CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its Bid, the Bidder must identify any and all subcontractors that will be used in the performance of the proposed Contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the Bidder fails to identify any and all sub-Contractors in the Bid, the Bidder may be allowed to submit this documentation to during the Bid evaluation period if such action is in the best interest of the City. 2.29 OTHER FORMS OR DOCUMENTS If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder’s forms or documents. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 17 SECTION 3 STATEMENT OF WORK AND TECHNICAL SPECIFICATIONS 3.1 PROJECT SCOPE The intent of this Solicitation is to Contract with a suitably qualified and experienced firm to perform Comprehensive Generator Maintenance Services for the City of Palm Beach Gardens. The awarded Bidder(s) must have the capacity and capability to service the entire standby power generation systems. All maintenance and inspection services must be completed in accordance to NFPA (National Fire Protection Association) 110, Standard for Emergency and Standby Power Systems, effective February 2016 and shall be updated as new standards become available. All City generators are classified as Level 2 under NFPA 110 standards. (Chapter 4.4.2) 3.2 MONTHLY SERVICE AND PERFORMANCE INSPECTION Every month, the awarded Bidder shall perform the following minimum services and inspections for each generator system. a. LUBRICATION SYSTEM Check oil level Inspect engine seals for leaks Inspect lube oil for obvious contamination Take oil sample for lab testing (annual) General overview visual check Document and log all findings b. COOLANT SYSTEM Check coolant level and top off General overview visual check Document and log all findings c. GENERATOR Exercise generator for no less than 15 minutes General overview visual check Document and log all findings 3.3 QUARTERLY SERVICE AND PERFORMANCE INSPECTION Every 3 months (quarterly), except as otherwise indicated, the awarded Bidder shall perform the following minimum services and inspections for each generator system. a. FUEL/EXHAUST SYSTEM Inspect air filters Take fuel sample for lab testing (annual) Inspect intake system Inspect exhaust system Test fuel transfer pumps and lines Inspect gas lines for leaks or corrosion City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 18 Inspect gas and fuel tanks Check gas and fuel levels Inspect carburetors, regulators, and linkages General overview visual check Document and log all findings b. BATTERY Check charger and gauges Inspect racks, mountings, and casings Inspect cabling condition Inspect connections and clean Check electrolyte levels and fill Load test General overview visual check Document and log all findings c. COOLANT SYSTEM Test coolant protection levels (bi-annual) Inspect hoses Inspect for leaks Inspect radiator cap General overview visual check Document and log all findings d. ENGINE Inspect belts and tension Inspect and lubricate all governor linkage Adjust governor linkage (as needed) Test starter operation Check engine block heater operation Check of all gauges and meters Inspect crankcase breather and clean (as needed) General overview visual check Document and log all findings e. GENERATOR Check unit voltage and adjust Check frequency of output voltage and adjust Check exciter rotor Clean/Inspect DC commutator and slip rings (as applicable) Inspect all cabling connections Check for any bearing, grinding, or arcing Foreign debris check Test no load operation Test operation with building load (annual) Check control panel operation General overview visual check City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 19 Document and log hour meter/run time f. TRANSFER SWITCH Check of all gauges and meters Test all alarms and auto shutdowns Inspect all safety switches Check the exerciser clock operation Check wiring and connectors Check relays and controls Transfer Test (bi-annual) General overview visual check Document and log all findings g. GENERAL Inspect condition of all mountings Inspect weather protection Inspect/check safety shutdown devises Inspect/adjust locks, latches, and weather seals Check fans dampers and louvers General overview visual check Document and log all findings 3.4 ANNUAL SERVICE AND PERFORMANCE INSPECTION The Annual Service and Performance Inspection includes all items in the Monthly and Quarterly Services and Performance Inspections, plus the following items listed below: a. Change oil b. Change oil filters c. Lube grease fittings d. Change fuel filters e. Bleed fuel system f. Change coolant filters g. Change air filters (only if necessary, after inspection) 3.5 FOUR (4) HOUR LOAD BANK TEST Every 6 months (bi-annually), the awarded Bidder shall perform a load bank test on all the generators covered by this Contract. The load bank test shall be reported with 15 minutes readings attesting to the following: a. Clean out exhaust piping to prevent wet stacking b. Determination cooling system efficiency c. Identifies problematic leaks in the lubrication system d. Ensures that the voltage and frequency is stable e. Tests the complete fuel system f. Evaporates moisture from windings and other components g. Tests overall condition of the excitation system h. Tests governors and controllers under load City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 20 i. Reseats piston rings and other engine components j. Cleans out unburned product on valves, turbochargers and manifolds k. Overall assurance that the unit will function when needed l. Document and log all findings 3.6 REPORTS, DOCUMENTATION AND LOGS The awarded Bidder(s) shall provide written reports, documentation, and logs each time a generator is serviced or repaired. This information shall be provided in a format that is acceptable to the City, and shall contain the names and signatures of the attending technicians or subcontractors. Reports, documentation, and logs should be emailed for the attention of Joe Corrao at jcorrao@pbgfl.com. 3.7 EQUIPMENT AND LOCATIONS The generators to be serviced under this Contract are identified in Exhibit A, Generator Identification and Location, which is attached to this Solicitation. 3.8 HURRICANE SEASON AND DISASTER MANAGEMENT The awarded Bidders under this contract must be available to respond to the City during the regular hurricane season, for any storm-related requests, whether for an emergency or not, and must also be available to participate in any City organized disaster-preparation activities when so requested. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 21 BID SUBMITTAL This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder’s name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be one (1) original and one (1) electronic version on CD or a thumb drive in a usable PDF format. The original should be marked “ORIGINAL”, and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be included in the submittal, as described in the Solicitation. Invitation to Bid No.: ITB2016-056PS Title: Comprehensive Generator Maintenance Services Due Date and Time: __________________________________________________ Name of Bidder City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 22 SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. COMPREHENSIVE GENERATOR MAINTENANCE SERVICES To supply labor, technicians, materials, and all MRO supplies to perform Comprehensive Generator Maintenance Service on the generating systems described in Exhibit A and below, and as per the frequencies and specifications detailed in Section 3, Statement of Work and Technical Specifications of this Invitation to Bid. PREVENTATIVE MAINTENANCE SERVICES ITEM 1 LOCATION MAKE MODEL ANNUAL COST a. Municipal Complex, City Hall, 10500 N Military Trail Spectrum 750DS4 $ b. Burns Road Recreation Center, 4404 Burns Road Kohler 230REOZJB $ c. Public Works Department, 3704 Burns Road Terex OT90P $ d. Riverside Youth Enrichment Cen, 10170 Riverside Drive Generac 98A055580-S $ e. Police Cell Tower, Old Dixie Highway Onan GGFD-4959819 $ f. Public Services Building, 4301 Burns Road Magnum MMG80 $ g. Fire Rescue Station No. 1, 10500 N Military Trail Broadcrown BCJD275-60 $ h. Fire Rescue Station No. 2, 11025 Campus Drive Kohler 100REZGD $ i. Fire Rescue Station No. 3, 5161 Northlake Boulevard Generac 2424030600 $ j. Fire Rescue Station No. 4, 11264 Jog Road Wacker 5891169 $ k. Fire Rescue Station No. 5, 3913 Hood Road Kohler 180RZD $ l. Public Works Department, 3704 Burns Road Coleman CJ6T105SQ $ m. Public Works Department, 3704 Burns Road Terex OT180C $ n. Public Works Department, 3704 Burns Road Terex OT90P $ o. Public Works Department, 3704 Burns Road Terex OT90P $ p. Municipal Complex, PSAP, 10500 N Military Trail Kohler 350REOZDD $ TOTAL ANNUAL PRICE: City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 23 ITEM 2 EMERGENCY REPAIR SERVICES – HOURLY RATES FOR WORKMEN /TECHS PER HOUR Electrician Mechanic Technician/Repairman Technician’s Helper Laborer I. Maximum Mark-Up on Materials, Parts, and Equipment for Emergency Repairs (Must Not Exceed 10%): ________% II. The Bidder affirms that it has the capability and capacity to meet the TWO (2) HOUR Emergency Response Time: ____________ initials iii. The Bidder affirms that it has the resources, equipment, and subcontractors to perform the work: _____________ initials iv. The Bidder affirms that it is in the business of Comprehensive Generator Maintenance Services (at least 3 years): ____________initials NOTE: The City will not pay any transportation, fuel surcharges, or additional fees added to the rates and prices above. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 24 SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: List below the dates of issue for each addendum received in connection with this Solicitation: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated Addendum #10, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature Name and Title (Print or Type) Date City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 25 SECTION 6 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different than Street Address): Telephone Number(s): _________________________________________ Fax Number(s): _______________________________________________ Email Address: ________________________________________________ Federal Employer Identification Number: _____________________________________________ Prompt Payment Terms: _____% _____ days’ net _____days Signature: _____________________________________________________________________ Signature of authorized agent) Print Name: ___________________________________________ Title: _________________________________________________ By signing this document the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER’S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 26 SECTION 7 AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d. Non-Collusion Affidavit e. Sample Performance Bond Format if required, will be requested from bidder recommended for award) DO NOT COMPLETE f. Sample Payment Bond Format if required, will be requested from bidder recommended for award) DO NOT COMPLETE g. Sample Letter of Credit Format if required, will be requested from bidder recommended for award) DO NOT COMPLETE City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 27 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder’s firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Bid. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 28 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 29 DRUG-FREE WORKPLACE is a drug-free workplace and has Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 30 NON-COLLUSION AFFIDAVIT STATE OF ______________ COUNTY OF ____________ Before me, the undersigned authority, personally appeared ____________________________, who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is __________________________ of ______________________________, the Bidder that has submitted a Bid to perform work for the following: ITB No.:_______________________ Title: b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid. c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has 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 Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. 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 of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before me this _______ day of _____________________ 2014, by who is personally known to me or who has produced as identification. SEAL Notary Signature_____________________________ Notary Name: _______________________________ Notary Public (State): __________________________ My Commission No: ___________________________ Expires on: __________________________________ City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 31 SAMPLE PERFORMANCE BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that -_________________________________________________ Insert full name and address or legal title of successful Bidder) as Principal, hereinafter called Contractor, and ___________________________________________, Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of ___________________________________, for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated _______________________, 2014, entered into Contract No._____________________________ with the City in accordance with the Solicitation specifications prepared by the City which Contract is by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Contractor shall be and declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default or shall promptly: a. Complete the Contract in accordance with its terms and conditions; or b. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible Bidder, or if the City elects, upon determination by the City and the Surety jointly of the most responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 32 of the contract price”, as used in this paragraph, shall mean the total amount payable by the City to Contractor under the contract and any amendments thereto, less the amount properly paid by the City to the Contractor. Any suit under this bond must be instituted before the expiration of twenty -five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this _________ day of _______________________, 2014. Principal) (Seal) Witness) (Title) Name of Insurer) Surety (Seal) By: Witness) (Attorney-in-Fact) City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 33 SAMPLE PAYMENT BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that -_________________________________________________ Insert full name and address or legal title of successful Bidder) as Principal, hereinafter called Contractor, and ___________________________________________, Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of ___________________________________, for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated _______________________, 2014, entered into Contract No._____________________________ with the City in accordance with the Solicitation specifications prepared by the City which Contract is by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect. HOWEVER, this bond is subject to the following conditions and limitations: a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Contractor and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said Contract is to be performed or in any county in which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon. b) The Principal and Surety hereby designate and appoint _____________________ City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 34 as the agent of each of them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety. c) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the final settlement of said Contract. d) This bond is given pursuant to and in accordance with the provisions of Florida Statutes, and all the provisions of the law referring to this character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. Any suit under this bond must be instituted before the expiration of twenty -five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this _________ day of _______________________, 2014. Principal) (Seal) Witness) (Title) Name of Insurer) Surety (Seal) By: Witness) (Attorney-in-Fact) City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 35 SAMPLE LETTER OF CREDIT FORMAT LETTER OF CREDIT NO.: _________________ ISSUANCE DATE: _________________ APPLICANT: Name of Corporation}___________________________ Address}______________________________________ City, State, Zip}________________________________ BENEFICIARY: CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 FOR U.S.D. $_________ DATE OF EXPIRATION: ________________ WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. _________ IN FAVOR OF THE BENEFICIARY, THE CITY OF PALM BEACH GARDENS, FLORIDA (HEREINAFTER “PBG”) FOR THE ACCOUNT OF THE ABOVE-REFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON (Insert name of Bank) PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF (Insert the amount of money), THE AMOUNT REFERENCED ABOVE. DEMANDS OF THE LETTER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1) THAT SAID LETTER OF CREDIT IS ABOUT TO EXPIRE AND HAS NOT BEEN RENEWED, OR (2) THAT WORK HAS NOT BEEN COMPLETED IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: {Name of Project} THE ‘PROJECT’). IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY AMENDMENT, UNLESS THIRTY (30) DAYS BUT NO MORE THAN SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, OR BY COURIER VIA HAND DELIVERY AT THE ABOVE-LISTED ADDRESS, THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO {Name of Bank}______________________________ (THE ‘BANK’), WHICH IS DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT, AS DESCRIBED IN THIS LETTER OF CREDIT, IS PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LETTER OF CREDIT AND UPON City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 36 PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDIT SHOULD PBG PREVAIL. DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO: Name of Bank Branch}_______________________________ Address}__________________________________________ City, State, Zip}_____________________________________ ATTN: {Department} _________________________________ ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. PARTIAL DRAWINGS ARE PERMITTED. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED “DRAWN UNDER {Name of Bank} LETTER OF CREDIT NUMBER _____________ DATED 20__.” THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600", AND TO THE PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. Name of Bank}_________________________ BY: ______________________________ Name}_____________________ Title}______________________ City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 37 SECTION 8 SAMPLE AGREEMENT FORMAT Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this ____ day of ____________, 20__, (the effective date”) by and between the City of Palm Beach Gardens, a Florida municipal corporation (“City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and _____________, a corporation (hereafter referred to as “Contractor”), whose address is ______________. WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City’s Invitation to Bid No. , and the Contractor’s response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City’s Invitation to Bid No. ________, and the Contractor’s response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City’s Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 38 i. As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Email: ii. with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: iii. As to the Contractor: Attn.: Email: b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This term of this Agreement shall be from the effective date through ___________, 20__, unless terminated earlier in accordance with terms set forth in the ITB. Remainder of this page is intentionally left blank.) City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 39 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. CITY OF PALM BEACH GARDENS, FLORIDA SEAL] By: ______________________________________ Ronald M. Ferris, City Manager ATTEST: By: ____________________________ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ R. Max Lohman, City Attorney By: ______________________________________ Print Name: ________________________________ Title: _____________________________________ WITNESS: By: ___________________________________ Print Name: ____________________________ City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 40 SECTION 9 EXHIBIT A GENERATOR IDENTIFICATION AND LOCATION NO. LOCATION MAKE MODEL KW FUEL TYPE STATIONARY/MOBILE 1. Municipal Complex, City Hall 10500 N Military Trail Spectrum 750DS4 750 Diesel Stationary 2. Burns Road Recreation Cen 4404 Burns Road Kohler 230RE0ZJB 225 Diesel Stationary 3. Public Works 3704 Burns Road Terex OT90P 72 Diesel Stationary 4. Riverside Youth Center 10170 Riverside Drive Generac 98A055580-S 85 LNG Stationary 5. Police Cell Tower Old Dixie Highway Onan GGFD-4959819 35 LNG Stationary 6. Public Services Building 4301 Burns Road Magnum MMG80 55 Diesel Stationary 7. Fire Station 1 10500 N Military Trail Broadcrown BCJD275-60 275 Diesel Stationary 8. Fire Station 2 11025 Campus Drive Kohler 100REZGD 100 LNG Stationary 9. Fire Station 3 5161 Northlake Blvd Generac 2424030600 200 LNG Stationary 10. Fire Station 4 11264 Jog Road Wacker 5891169 180 Diesel Stationary 11. Fire Station 5 3913 Hood Road Kohler 180RZD 180 LNG Stationary 12. Public Works* 3704 Burns Road Coleman CJ6T105SQ 105 Diesel Mobile 13. Public Works* 3704 Burns Road Terex OT180C 135 Diesel Mobile City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 41 14. Public Works* 3704 Burns Road Terex OT90P 72 Diesel Mobile 15. Public Works* 3704 Burns Road Terex OT90P 72 Diesel Mobile 16. Municipal Complex, PSAP 10500 N Military Trail Kohler 350REOZDD 350 Diesel Stationary NOTE: *Public Works is the storage site for all mobile generators. City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services Page | 42 SECTION 10 SOLICITATION SUMMARY The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT SOLICITATION SUMMARY IMPORTANT NOTICE The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the City determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. BID INFORMATION Proposal Number: ITB2016-056PS Title: Comprehensive Generator Maintenance Services Due Date and Time: ___________________________________________________ Name of Proposer: ___________________________________________________ Address: ___________________________________________________ Contact Person: ___________________________________________________ Bid Amount: ___________________________________________________ Authorized Signature: ___________________________________________________ Date: ___________________________________________________ By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder’s Bid to the City of Palm Beach Gardens. NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. -z_nbo.t+ t=bwer 5-jGitN.s ITB NO.: ITB2016-056PS --=rm.E: COMPREHENSIVE GENERATOR MAINTENACNE SERVICES . DUE OAT~ AND TIME: FRIDAY, DECEMBER 11, 2q1S@ 3:00PM ---~· .01 tm! wnn me Touowing services: UPS Next Day Ai r' UPS Worldwide Expressfl Extremely Urgent Caii 1-800 -PICK-UPS® (1-800-742~5877) or · •·•· "~~ '"' CESAR RODRIGUEZ 1 LBS UPS 2nd Day Air® Small Box (13" X 11" X 2") ~t:J.~IN~~o5 1119 ~----:... -4612-HIGHWAY AVE JACKSONVILLE FL 32254-4124 owr: 13,11,2 UPS Worldwide Expedited iP SHIP TO: CITY CLERK ITB2016-056PS CITY PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARD ENS FL 33410 FL 334 0-01 llllll lllllllll lllll\1 UPS GROUND TRACKING If: 1Z 548 642 03 7639 4054 BILLING: PIP REF l:BID ITB2016-066PS WI 17.D.31 ze-.n ZP 4fiD H.DA 10/1:0115 Do not use this box for: UPS Ground UPS Standard UPS 3 Day Select® Apply shipping documents here. @ 90% Post-Consumer Content International Shipping Notice-Carriage hereunder may be subject lo the rules relatlng to liability and other terms and/or conditions estabUshed by the Convention for the Unification of Certain Rules Relating to International Carriage by A,jr (the -warsaw ConvenUonj and/or the Convention on the Contract!~ tN: International ~~e of G.o.~~ '!f Road (the "CMR Convention"). These commoditiei, technology 01019510603 04/10 FC United Parcel Service, Louisville, ICY ~~8 ...... c.. 3 f ~l ~ , ~~ CY 9---' OJ co- 38 ct\. ('\ ~ ~ ~ -- '- ~ - \J) ~H r\~ ~ ~ 0 . . . .. j\j ~~ ~ 0 :r-B ~ 'P _, I -~~ -z, (0 D ~ U1 :p~~ z: CJJ ~ § if\0 Cl\r'> ~ G -.. 0 m \;) .. N L}. 1i 3 t~ -+---> J3 E: & en ii~ 70 -1~ ~ ct<\_! J;> ~ T\) \ {/} PS ~uAAJ.,...., POWER SYSTEMS S.W. 4th Avenue lray Beach, FL 33444 Assur-AfoJC£ Yowe~ S" Y.srEt-'IS J5qs-6W 4+h A\IENCLE DEL-RAY Bc:-AcJ.t FL. 331# I.TB NO: ITB~oi~-OSi4PS i) e-c-e-J-i'l B£2. II"" .;). o 1 s- LOMPREl-laJ~ive G£Ne~t\iOfZ. MAi~~NAt\fcE'" 5E'2vic~ .'It '4~ I 1 I f.t ' I I I t I I 4 I I I I I f-i. I If; I I I ., I ~ ~ _... I I Q, I I ~ I I ;...; CV\ I If., I I \~ ~ .... I I I , l ''-I ~ ~ ~· t ll.:. ~ I ~ u ...... I -.::::. 1 I ~ ~~ , .;s I ~ I ~~ u I -f ~ I ~ '-L b I 0 <: ¢ I ~ ti '> ~ ~ ~ ~ I u I 0 0 ~ I ---I I I I I I ~ , I ('A I ~ ~ ~ I --& I c\ I \ -I -I ~ -\..) I c::::::...._ ~ I "-......1> I rl V"\ { --C) 4: ~ ' 1 ~~ -........o Ll --c\ .. ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~'Ct ~ ~ ~ -l i a~ } I <)'t- ~ ~~ ~() ~ \-\ I I I I BID SUBMITTAL City of Palm Beach Gardens ITB No. ITB2016-GS6PS Comprehensive Generator Maintenance Services This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00a.m. to 5:00p.m., Monday through Friday, except holidays. All Bids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be one {1} original and one (1) electronic version on CD or a thumb drive in a usable PDF format. The original should be marked "ORIGINAL", and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be included in the submittal, as described in the Solicitation. Invitation to Bid No.: ITB2016-056PS Title: Comprehensive Generator Maintenance Services Name of Bidder Page I 21 4.1 PRICES AND RATES SECTION 4 PRICING SCHEDULE City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. COMPREHENSIVE GENERATOR MAINTENANCE SERVICES To supply labor, technicians, materials, and all MRO supplies to perform Comprehensive Generator Maintenance Service on the generating systems described in Exhibit A and below, and as per the frequencies and specifications detailed in Section 3, Statement of Work and Technical Specifications of this Invitation to Bid. PREVENTATIVE MAINTENANCE SERVICES ITEMl LOCATION MAKE MODEL ANNUAL COST a. Municipal Complex, City Hall, 10500 N Military Trail Spectrum 750DS4 $ 3VSo b. Burns Road Recreation Center, 4404 Burns Road Kohler 230REOZJB $ )'fOO c. Public Works Department, 3704 Burns Road Terex OT90P $ ).~0 d. Riverside Youth Enrichment Cen, 10170 Riverside Drive Generac 98A055580-S $ ;;_roo e. Police Cell Tower, Old Dixie Highway On an GGFD-4959819 $ J.?qO f . Public Services Building, 4301 Burns Road Magnum MMG80 $ ;! 9(10 g. Fire Rescue Station No. 1, 10500 N Military Trail Broadcrown BCJD275-60 $ Jf7S h. Fire Rescue Station No. 2, 11025 Campus Drive Kohler 100REZGD $ ;)'KJO i. Fire Rescue Station No. 3, 5161 Northlake Boulevard Generac 2424030600 $ d-?cro j. Fire Rescue Station No. 4, 11264 Jog Road Wacker 5891169 $ )-;tJO k. Fire Rescue Station No. 5, 3913 Hood Road Kohler 180RZD $ :l9crd I. Public Works Department, 3704 Burns Road Coleman CJ6T105SQ $ :;. ~" m. Public Works Department, 3704 Burns Road Terex OT180C $ .'J-9(/Cl n. Public Works Department, 3704 Burns Road Terex OT90P $ :J. 9ot:J o. Public Works Department, 3704 Burns Road Terex OT90P $ )'irfo p. Municipal Complex, PSAP, 10500 N Military Trail Kohler 350REOZDD $ )81~ TOTAL ANNUAL PRICE: $ 4,, 9oo Page I 22 ITEM 2 EMERGENCY REPAIR SERVICES-HOURLY RATES FOR WORKMEN Electrician Mechanic Technicia airman Technician's Hel r Laborer I. on Materials, Parts, and Equi ment for Emergency Repairs II. The Bidder affirms that it has theca to meet the iii. The Bidder affirms that it has the reso $ $ $ s bO City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services PER HOUR /o % initials NOTE: The City will not pay any transportation, fuel surcharges, or additional fees added to the rates and prices above. Page I 23 PART I: City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES list below the dates of issue for each addendum received in connection with this Solicitation: Addendum #1, Dated __ /-j/ hu.L_7...,t~S _____ _ Addendum #2, Dated __ /1+-'t'--'i+oti-"/J'--------- Addendum #3, Dated_..:..}~/ t_J_oH/I:..:S';.....__._ __ _ Addendum #4, Dated----------- Addendum #5, Dated----------- Addendum #6, Dated----------- Addendum #7, Dated----------- Addendum #8, Dated----------- Addendum #9, Dated----------- Addendum #10, Dated----------- PART II: 0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Date 1 ' Page I 24 TO: P AL M B EACH GARD E N S ".4 IUI/qw p/IIN to ltw. t.uw, ""'* .. pill)' .. CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 1 All Potential Bidders DATE: November 17, 2015 SOLICITATION NO.: ITB2016"056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following question was received from a potential Bidder, and the answer is provided as shown. Question: Response: We have reviewed the bid and understood that you changed the response time to two hours. However, the load banking and ATS testing are still included in the scope and yet there is no requirement for a licensed electrician as the prime on this job. Perhaps the easiest way to settle this matter is to get the Chief Electrical Inspector at the Palm Beach Gardens Building Department · to make a decision. He is the final authority having jurisdiction. The City's Chief Building official and the Electrical Inspector state that the firm selected to perform the Comprehensive Generator Maintenance Service does not need to be a licensed electrician provided the person who performs the electrical aspect of the maintenance work and the load bank testing is a licensed electrician. The generator firm must have a licensed electrician on staff or contract with a licensed electrician to perform the electrical aspects of the scope of work. Bidders must state in their bid response whether they have a licensed electrician on staff to perform the electrical aspect of the work or will contract with a licensed electrician to perform these services. A copy of the relevant license shall be included with the bid submittal. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. ((.! ~. CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director TO: PALM BEACH GARDENS ':4 Ulliqw ~"'live. ...... ....,. 4 play" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 2 All Potential Bidders DATE: November 19, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: FRIDAY, DECEMBER 11, 2015@ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following licensing requirements are added to the Invitation to Bid as Section 2.15. 2.15 CERTIFICATIONS/LICENSES Any Bidder which submits an offer in response to this Solicitation shall, at the time of such offer, hold a valid Electrical Contractor License, or Mechanical Contractor License, or a General Contractor License, issued by the State or County Examining Board qualifying the Bidder to perform the work proposed. If work for other trades is required in conjunction with this Solicitation and will be performed by a subcontractor{s), the applicable License issued to the subcontractor{s) shall be submitted with the Bidder's offer; provided, however, the City may at its option and in its best interest allow the Bidder to supply the subcontractor{s) license to the City during the Bid evaluation period. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. ((,..[ ~. CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director TO: PALM BEACH GARDENS ':4 .....,... p/11« 1o IIWI. /«mt, -'* 4 pltzy" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 3 All Potential Bidders DATE: November 30, 2015 SOLICITATION NO.: ITB2016-056PS TITLE: Comprehensive Generator Maintenance Services OPENING DATE: Friday, December 11, 2015 @ 3:00PM This Addendum is and does become a part of the above-mentioned Solicitation. The following questions were received from a potential Bidder, and the answers are provided as shown. Question 1: Response: Question 2: Response: Page 1 of 2 On page 17, section 3.2-it states "exercise no less than 15 minutes" On page 17 section 3.3.a-it states "take fuel sample for lab testing (annual)" On page 18, section 3.3.e-it states "test no load operation" and then "test operation with building load (annual)" On page 19, section 3.3.f-it states "transfer test (bi-annual)" And On page 19 section 3.5 "4 hour load bank test every 6 months (bi-annual)" NFPA 110 Operational Inspection and Testing section 8.4.2 (1), (2) and (3) describes the testing for diesel generator sets in service (all your generators except page 22, Section 4, items h. and k.). The sections referenced above differ than what is required as far as the length of testing and frequency. Load banks are only required annually if the conditions are not met for monthly testing. Having to do load banks for 4 hours twice a year per the bid docs greatly increases the cost to the city when testing is only required annually for 2 hours. The standards and testing frequencies established in the Invitation to Bid are the requirements the Bidder must perform, irrespective of whether they are more stringent than those established by the NFPA or are more costly. Does the city want full slate testing on fuel or only water and sediment? The cost of full slate testing is greater than 4 times the cost of water and sediment only testing? The testing on fuel should be only for water and sediment. Full slate testing is not required. Question 3: Response: Question 4: Response: Question 5: Response: On page15 of the bid docs, section 2.14 Performance Bond states "intentionally omitted" yet page 31 & 32 (actual bid submittal pages) are the Sample Performance Bond Format. Are the Sample Performance Bond Format pages required to be submitted? As identified and stated in the Invitation to Bid, these as sample formats and not required for submittal. There is no Performance Bond requirement for this project. Same question as below for the Sample Payment Bond Format on pages 33 & 34 of the bid submittal. See response to Question 3 above. Also, page 40, section 9, exhibit A, Generator identification and location, number 9, Fire station 3, our research shows this to be a diesel generator, not gas or propane. Please clarify and or verify generator model number and fuel source. The City's Facilities staff have verified that the generator is fueled by natural gas, as stated in the Invitation to Bid. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. ~(,..[ ~~ CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP Purchasing and Contracts Director Page 2 of 2 SECTION 6 City of Palm Beach Gardens ITB No. ITB2016·056PS Comprehensive Generator Maintenance Services BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different than Street Address): Telephone Number(s): 9Sf1--):J.? -o1. .?~ Fax Number(s): 3of --lf )~-373 t Email Address: /1 J'Mf<rJ §J> jl/le9tl lv11i""CJ.Ge, (o!'1 I Federal Employer Identification Number: _0=--=-{;-=-/_7'--"-j;-"'f ..... i::.....)"--'L(:..__ _________ _ Prompt Payment Terms: __ % __ days' net __ days S~n~ure: __ ~~--~~~~~·~--~~~----------------~f authorized agent) Print Name: _)1_r_ckt_{__5_~_¥_f-_~----- Title: JVlA!f/Aj t,(l~ ~hM_ 7 By signing this document the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/ Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page I 25 SECTION 7 City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm . Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes law c. Drug-Free Work Place d. Non-Collusion Affidavit e. Sample Performance Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE f. Sample Payment Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE g. Sample letter of Credit Format Page I 26 (if required, will be requested from bidder recommended for award) DO NOT COMPLETE City of Palm Beach Gardens ITB No. ITB2016-Q56PS Comprehensive Generator Maintenance Services CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ~ To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Bid. Acknowledged by: Firm Name Sign?:P~ Name and Title (Print or Type) 1 ..I Date I I Page I 27 City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S .] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Sig?::H~ Date r 1 Page I 28 DRUG-FREE WORKPLACE City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services --~/ft"--' ..... ~<..::..A/M.;..;;.;.;~~~~='-•I.Jc"-=.,;_----------·is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Firm Name Name and Title (Print or Typ~ / Date 1 I Page I 29 NON-COLLUSION AFFIDAVIT City of Palm Beach Gardens ITB No. ITB2016.{)56PS Comprehensive Generator Maintenance Services STATE OF fLonJ't COUNTY OF 9 (1w/Ul0 Before me, the undersigned authority, personally appeared ;f1, O~AJ.,{, S Jll#f/;J being by me first duly sworn, deposes and says of his/her personal knowledge that: who, after a. He/She is jl14,v.49"1 ~W of /16GBklf11tp, t/c , the Bidder that has submitted a Bid to perform work for the following: b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid. c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has 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 Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the· proposed contract. d. 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 of its agents, representatives, owners, employees, or parties in interw~nature ubscribed and sworn to (or affirmed) before me this 0 ~ day of -\).Jr .f k')/1 L.. 20 £by ' ~ V who is personally known to me or who has produced SEAL Page I 30 1 \. c.t V\ 5.&-- Williamson Oorvil Notary Public State of Aorida My Commission ExpireS 12/15/2018 Commission No. FF 183503 '---------------------~---·--·-- Notary Signature.+lr:I"=-''---'-+--------..,..,.- Nota ry Name: -;-~.;..;-'--'-'~~._,_~~-=-""'-'--'--'- Notary Public (State): ___,~,........::::....L:-'-"":.-':;~.=:...L--=--c=---- IMPORTANT NOTICE SECTION 10 SOLICITATION SUMMARY The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT SOLICITATION SUMMARY City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the City determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. Proposal Number: Title: Due Date and Time: Name of Proposer: Address: Contact Person: Bid Amount: Authorized Signature: Date: BID INFORMATION ITB2016-056PS Comprehensive Generator Maintenance Services f So )?J 'JI H: &urn{Jl, (or-( {,4ukck f.e f( 3 JJ I). /1 tO~tJt{ S' ::]4»hJ It IJC 9(Jo By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the City of Palm Beach Gardens. NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. Page I 42 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD 1940 NORTH MONROE STREET (850) 487-1395 TALLAHASSEE FL 32399-0783 JANSEN, MICHAEL SCOT MEGAWATTAGE LLC 850 SW21STTERRACE FORT LAUDERDALE FL 33312 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong . Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives . Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers . Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT .OF BUSINESS AND PROFESSIONA()REGULATION EC13004670 -: ;:.~:~ ... $.Su~::. 05/29/2014 -::,i~ :7/-~. ~· . -_~ _:_·_-·-·, -. CERTIFIED EL~¢.:~t~AL C,~N~~OR . JANSEN, MIC~SGQJ:..._: ... .. · -·: · . · MEGAWATTAGt;'~-..:_:.:<'~ --~"""'" ~ ::=-- • ~· _. --~r~ ... :~· .. 7~~;::~ _· . -~-· # ,-·' . _ .. · "' : -~:~· -?~-~:~::::.~~- '···~·IS CERTIFIED undei.the. provisions of Ch.489 FS . . exPntion date : AUG 31 , 2016 • L 1<405290002921 . -' -·· .. . .. KEN LAWSON, SECRETARY ,!',· '"' .. t4 1'-----·----------..,...--------------·----------··-----·---------·--------·--·----. ' • I l i ' STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD ~~~•n=n· n~;na/?n1A ntC:::OI liV liC::: D!:niiiD!:n !:IV I 1!1.\A/ ~C:" 41. I 1AOIO?QOM?Q?1 ... ;,. -- STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET (850) 487-1395 TALLAHASSEE FL 32399-0783 JANSEN, MICHAEL SCOT MEGAWATTAGE.COM GENERATORS 850 SW21STTERRACE FORT LAUDERDALE FL 33312 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, · and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR STATE OF FLORIDA ·~ STATE OF FLORIDA , DEPARTMENT OF BUSINESS AND ,.,._,,i/ PROFESSIONAL REGULATION PCC1256877 ISSUED: 05/29/2014 CERT POLLUTA!"T STORAGE S~S CONTR JANSEN, MIGHAELSeOT _, MEGAWATTAGS:COM GalER!fORS IS CERTIFIED under the provis i ons of Ch.489 FS. Expiration date : AUG 31, 2016 L 1405290002792 KEN LAWSON, SECRETARY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The POLLUTANT STORAGE SYSTEMS CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 JANSEN, MICHAEL SCOT -.... MEGAWATTAGE.COM GI::NEMJOBS 850 SW 21ST TERRACE ~ FORT LAUDERDALE 'FL 33~12 ISSUED: 05/29/2014 DISPLAY AS REQUIRED BY LAW SEQ# L 1405290002792 = ,. AGREEMENT FORM 38 SUPPLEMENTAL REFERENCES Additional references may be listed below. Name of Entity: {5gp~A@ C(/vnf:j . Address: liS"' >4 L.J;.ewl 4eMe EtLA~~JvJ~tz Pi 3JJo} ~ . Year Contract Initiated: ::fv..w. :J.-D/j Name of Entity: k1f11'1 ol,tfj Address: I ( <i l G (teN Wrlod Bt~d Year Contract Terminated: 1f.n1J. :J!t~ :J.-•" LAke. ~o/ fi ~I '1 b Email Address*: LM 'J..I179M1cDI'1 PhoneNumber*: Lf8 7-S79-00.f(. Principal Contact Person(s):. L'1"' MA>cka s~ (),,..rftyrc-f'/rtvr4'12 5-pec,p-h!f: I I ~ Year Contract Initiated: 2Fft1Wlcy .:J_o/ £ Year Contract Terminated: *fl.rwti Y J.o/ { Name of Entity: Crftof /+~ f{p,f~}V'!!'L Address: )5o }.E ':0.~~ . f-lo~ f( >3o3o Email Address*: Ltrb. tlcdipfhof"f1:uc{. Cot~» Phone Number*: 3~J-;):),tf-L(,,'l Principal Contact Person(s}: Li,,) p_,~ 1 Fkt.f~{},,r,..,v ~ Year Contract Initiated: Avj,Jf ~ f Year Contract Terminated: ~J Avj11dd-D/' · * Contact Information rpust be current • . . .. . ,. - = = AGREEMENT FORM 3A CONTRACTOR REFERENCE FORM CONTRACTOR: t1e.J A. WCc-{f-G'i1 e. L L( The items below SHAU be COMPLETED AND SIGNED by CONTRACTOR'S Reference person. The above mentioned company has listed you as a project/business reference. Please provide reference Information as requested below. . 1. Name of Reference: ----------------------------------------------- 2. Title: o,(f~.f.i,d~ ~ HMa.1e~tutl-b41fisltJttu.l 3. NameofEntity/Agency: -r;'WIJ ~ o~,;-e. . Pu,lr"L LlJ.-1:-s 4. Email Address: fllik~-.,,o-fte> do.fit. -Ft,ye;, Phone#: f/(Cf, 1'17 ~ ''-'13 s. Name of Project Performed by Contractor: G&~<r~r Mo..V.f4nau c:e. 'i' ~:cpAir 6. Describe the project/work the ContradorNendor has performed for your entity/agency: -;;-LV,1 ... w.·~~ 7-eVT<f'q_;/:sJr ~ /1et.t'l'ltxnecvtf.~ I rera..i'F' "#5' /c~J I 7. Year Contract Initiated: P. D{ 'f Year Contract Terminated: --LtJ~IftL.:.---- 8. What was the approxi~te contract/construction value of this workt f t) I oD 0 · ""II 11 ,._f ~ 9. Did the Contractor meet the expectations ad needs of the project! How would you rate the work performance/product of the Contractor! · 0 Below Expectations D Average ~llent 10. Overall, how would you rate the responsiveness of the Contractor! 0 Below Expectations . 0 Average ~ellent 11. Is there anything else you wish to let me know about this Contractor! -rt,,( · v-ct1d,, r'S ll·e.rr re ¥orr<;i·v~ ,· ~n d{ -:c /tll7~ly Signature: }{ c J l~ .._ -. -. ' .,. AGREEMENT FORM 3A CONTRACTOR R~FERENCE FORM The items below SHAU be COMPLETED AND SIGNED by CONTRACTOR'S ReFerence person. The above mentioned company has listed you as a project/business reference. Please provide ref~nce Information as requested below. 1. Name of Reference: ~,.; "1t~IIG-4",../.s-{£.AA/.. . 19 -C.·FAC/~/ni.r /1'1.9,~ , . . 2. Title: /V;I~,PF&./d#t:~ s~~~r//.r~ut..L/ ' 4. Email Address: ______________ Phone 1: 9.rt-.. .tS.?-,:--' .r ..2. 5. NameofProjectPerformedbyContractor: {;lr..,/~r~~A • ;0~£,1,~p,;e //JAG,EN/}t/~ - 6. Describe the project/work the ContractorNendor has perform~ for your entity/ag~ ~~,;t/7 . ' -' ' -. .. . ~AEJ~er'"l:.; ,t6~ri/-&Jyr/1! <'?4'.A/L!., r"'.,.,A~€£Ke,p~ ANA .tf/".&A'~~.r ~ li-ueb!-p.e.r~ ,...,..~~ e~;t'r~£-vr H .. ~ Mc~AJ ~4 £.,.,u"""'!Cr.rav" ~~~ ei'.?Fe:t #,,~_, 7. Year Contract Initiated: .lot 3 Year Contract Terminated: _.-tf...,.U..<.!A----::-----: 8. What was the approximate contradlconstruction value of this world f l, J.oo; ~ (3 y«s) 9. Did the Contractor meet the expectations ad needs of the projedl How would urate the work performance/product of the Contractorl 0 Below Expectations 0Average 10. Overall, how would you rate the responsiveness of the Contractorl . 0 Below Expectations · 0 Average · · 11. Is there anything else you wfsh to let me know about this Contractort Excellent ~ Date: ? .. .r..-/r ,·. . -.., = = - -. -. )· AGREEMENT FORM 3A CONTRACTOR REFERENCE FORM ...... . ..... coNTRACTOR: /1CGAwrl'~tj,e Lt C • The Items below SHALL be COMPLETED AND SIGNED by CONTRACTOR'S Reference per5on . The above mentioned company has listed you as a project/business reference. Please provide reference information as requested below. 1. Name of Reference: :J~Ffo-y 1/vfF~ 2. Title: l!tee pt!J, W 3. Name of Entity/Agency: R t 11 Lo'itr/1 (,J {t:~r~o rtf'{(~ 4. Email Address: JEIIflf.lt.wJ [1, QMt~l. @111 Phone#: 3a5-1lf7-lf6fb 5.~ Name of Proje~ Performed by Contractor: /ko. tfb C4n f 11-ftrl;{ ~~'kt ~~.we 6. Describe the project/work the ContractorNendor has performed for your entity/agency: c~Wpfr; folAurtf#MCe f if{!IJCe ~c ffCfls-£qt ~ rfP.Yf letve . ~f/1/lJ ltrtfft: /:) { ~J 'JAC/Cfe.V NOrl/, -f,gm ;f/W ~J ~.,cef/1tiJM;) 7. Year Contract Initiated: 'J..C!0 7 Year Contract Terminated: __ M....:..,,,.,_h..__ __ _ 8. What was the approximate contract/construction value of this workt .J .s; ooo f!!L..V~D/l. ·I 9. Did the Contractor meet the expectations ad needs of the projectt How would you rate the wOrk performance/product of the Contractor'! 0 Below Expectations 0 Average (B"Excellent 10. Overall, how would you rate the responsiveness of the Co,.trac:;torl 0 Below Expectations 0 Average [B{xcellent 11. Is there anything else you wish to let ine know about this Contractor¥ - ,• Electronic Articles of Organization F or Florida Limited L iability Company Article I The name of the Limited Liability Company is: MEGAWATIAGE LLC Article II L06000079232 FILED 8:00AM August11,2006 Sec. Of State mthomas The street address of the principal office of the Limited Liability Company is: 9820 SW 168TH ST MIAMI, FL. 33157 The mailing address of the Limited Liability Company is: 9715 WEST BROW ARD BLVD SUITE 263 PLANTATION, FL. 33324 Article III The purpose for which this Limited Liability Company is organized is: ANY AND ALL LAWFUL BUSINESS . Article I V The name and Florida street address of the registered agent is: MICHAEL S JANSEN 9715 WEST BROW ARD BLVD SUITE 263 PLANTATION, FL. 33324 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all st atutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position. as registered agent. Registered Agent Signature: MICHAEL S. JANSEN Article V The name and address of managing members/managers are : Title: MGRM MICHAEL S JANSEN 9715 WEST BROWARD BLVD #263 PLANTATION, FL. 33324 US Title: MGRM AL BRENNER 9820 SW 168TH ST MIAMI, FL. 33157 US Article VI The effective date for this Limited Liability Company shall be: 08/11/2006 Signature of member or an authorized representative of a member Signature: MICHAEL S. JANSEN L06000079232 FILED 8:00AM August 11, 2006 Sec. Of State mthomas Committed to excellence, quality, and customer satisfaction OVER 25 YEARS OF EXPERIENCE IN THE POWER GENERATION INDUSTRY EC13004670 GC1516226 PCC1256877 ------------------------------------------------------- Introduction • Megawattage was created through the combination of two companies : Al's Gas and Diesel Machine Shops & 24/7 Power Company • Megawattage is owned and operated by Allen Brenner and Michael Jansen • Both company founders have over 25 years experience in the power generation • Licensed and Insured : Electrical , General , Mechanical & Pollutant Storage Contractors • COL Hazmat Certified Drivers • ASE certified diesel engine technicians. Perkins , Caterpillar, Cummins, Kohler, Detroit Diesel certified generator maintenance technicians • Ado pt-A-Road Prog r am A partnership to enhance the appearance of our roadways Meg awattage.Com " G e nerators ~ ·D --·- Business Clientele & Environmental Values Blue Chip Clients FEMA AT&T US Army Corp of Engineers US Southern Command Environmentally Aware •Megawattage has fixed up a Brownfield in a blighted area it has purchased in Hialeah, FL •Megawattage has beautified a portion of 58th Street in Miami Dade County for Miami Dade County Credibility & Education Megawattage Credibility Megawattage Blue Chip client list currently includes: · FEMA, the US Army Corp of Engineers, lAP Worldwide, Broward County, US Southern Command, The City of Sunrise, The City of Homestead, The Town of Davie and the City of Pembroke Park Megawattage services and maintains over 2 ,500 mission critical generators throughout the United States . Megawattage University Megawattage Employees have free access to Megawattage University our online training center. Rental Se,rvices Generator Rentals Light Tower Rentals Fuel Polisher Rentals Fuel Testing Load Bank Rentals Megawattage Equipment Inventory • I . • Load Banks Trailers Lift Trucks Light Towers Bobcats Emergency Fuel Tanks Emergency Generators Customized Field Support Trucks Electrical Supplies Heavy Duty Construction Equipment and much much more a. :::l 0 I.. (!) c:: 0 ·-....., ra I.. Q) c:: Q) (!) I.. (1) ~ 0 c.. Contact Us 24/7 Emergency Service : {954)-302-3565 Toll Free: {888)-255-1834 ext:701 850 SW 21 st Terrace Fort Lauderdale Florida 33312 Geo r g i a, Maryland, Texas, Ca lifo rn ia 1601 Belvedere Rd, Ste 3035 W Palm Beach Florida 33406 47 Krome Avenue Homestead Florida 33030 ~ MEGAWATT AGE Megawattage LLC is fully capable of responding to an emergency request from the City of Palm Beach Gardens, Florida within two (2) hours of notification. sw~ J)./fhs Michael S Jansen Date Managing Member Megawattage LLC 1UfL9/l015 ' A ~ Account Detail 1 •. T ANNE M. GANNON CONSTITUTIONAL TAX COLLECTOR Se111lng Ptdrn Bellm Cortnty Anne M. Gannon Constitutional Tax CoDector Serving Palm Beach County P.O. Box 3353 West Palm Beach, Fl33402-3353 Serving you. Business Tax Account LBTR Number I Tax Type ! Status ·----·--20_1_2_4_9-25_1 ___________ --~------··-------s~~~~e;s -,_a~-··-·· ··-----r --·--·Activ_e ___ ---· Mailing Address: ' MEGAWATTAGE UC 1601 BELVEDERE RD STE 303S WEST PALM BEACH , FL 33409-1558 Notice to Business Tax Payer !Important Payment Information Location Address: 1601 BELVEDERE RD 303S WEST PALM BEACH FL 33409-1558 Local business tax receipts expire September 30 and may be renewed on or after July 1. Delinquent business taxes are payable online. Local business tax receipts not renewed by September 30 are delinquent and subject to a delinquency oenalty of ten percent for the month of October, plus an additional five percent for each month of delinquency. Business Account Tax Bills Bill Year f 2016 I Gross Tax : Amount Paid 1 Discount i Penalty/Fees ! Interest l __ Du_e_D_a_te _ _,_, -~m_o_u~t Due ' $.33.00 $36.30 $0.00 $0.00 $0.00 9/30/2015 $0.00 $33.00 $51.25 $0.00 $0.00 $0.00 9/30/2014 $0.00 I 2014 $33.00 $36.30 $0.00 $0.00 $0.00 9/30/2013 $0.00 $33.00 $54.55 $0.00 $0.00 $0.00 9/30/2012 $0.00 ----. : 2012 l $0.00 $0.00 $0.00 1/11/2012 $0.00 $33.00 $51.25 $0.00 http://pbctax.manatron.comfrabs/BuslnessTax/Accountoetall.aspx?p=201249251&a=2600640 ~~~ 1UfLY/2015 City of West Palm Beach eGovPius 1 I ' __ ... ·;:._-" . .:::.:~ r---··--------------.--·-------------------------·--· --------·--··----, L. ~ . Becords and · Business Tax My Account · Code Enforcement ~ : J.Qg f!iD1 • --· Bm!2d! 1 • -.. -! .!.l§ . In/Out ~ ! I ·-·--·-· ·--·-·----... -----·------- ;:r •. BUSINESS DETAIL ) Business Name MEGAWAlTAGE LLC Business Info ELECTRICAL CONTRACTOR Business Address 1601 BELVEDERE RD # 3035 ADMIN OFFICE City/State WEST PALM BEACH, FL Bus lnfo3 EC13004670 Zip Code 33409 Bus lnfo4 Phone Number (561) 2os-1sn Bus lnfo5 Owner JANSEN MICHAEL S New Comm Bus? Established 2012-03-21 Home Bus? Balance Due $0.00 Renew Cycle BUSINESS TAX RECEIPT INFORMATION Receipt Number Category Issued Expiration 57422 ELECTRICAL CONTRACTOR CONSTRUCTION 05116/2012 09/3012016 Account Summarv I Usage Polley 1 Privacy Polley Copyright 0 2005 -2014, SunGard Pentamatlon. Inc & Cltv of West Palm Beach. FL-All Rights Reserved http://onestopshop.wpbgov.com/eGovPius/licenselbuslic_dU.aspx?bus_id=0000028n2 111 ' OK Generators 373 N. Ri ver Ave Deerfield Beach, FL 3 344 1 DEC 09 15 \ otf,~~of'+lt c.., Ctec-k C.if1t o.f Pa.Jm ee~~ G~ /OS"oo /J. ftflh~ '{;..i/ l'a.-1~ 8ea.c.k GArcl~s , fi-. 331/lt> I I ~ , 00 E 0 (.) ~ "'C ~ ..1 Ill Ill IL .:.: z Ill iL u Ill II: 2 3 :;:t CD ~ ::::-, ct s::J xpress •• •• "" • • ~-~ 8698 4128 3502 THU -10 DEC 10 :30A PRIORITY OVERNIGHT • A 3502 12 .10 XH PBIA riD 211515 19DEC15 TPFA 53 9Cl/lliB /llDI ~9 -..~· USAirbi/1 r.= 8b98 412& 3502 ~p~ -- PAR!\MO Canpny ~T m VE-E • LARGO "" s.. . L ZIP --•• - Your Jrltemal Billing Reference To Recipient's L. /l Phone Name { 1 ~~If~ g~(_ /. Company Recipjenl's '{) 5 00· }J{)t-, H ft/t:t.nA/ Address , .:/'-11 '/l ZIP L/ 4 ..:1 3 L 33410 FL-1..5 PBI =. 0215 4b Express Fre ight Service D ~~I:.r.e~ D ~~~llllJ!-. -wilbo_oo_ -wilbo_oo_ -SATUIIIAY_o_ -SAT\JRDAY_io_. 'Coi .. Cdrmolion: 0 FedEx Pa k" 0 FedEx =:"~S.::~SUdyPK Box 6 Special Handling TOIIIIPIICbges P8clr.-upto t51J/bs. D FedEx First Overnight &rlntnlllbutiNIII'I'IOf'IWIG ~11>-loc-' --NOT...a.blo . 0 FedEx Tube .... _ ....... -111 ............ 8 Residenti al Delivery Signatu re Options w""""*''.,_.,""ctDnct«-· o Sijjnature Direct Signature eqUJred 0 Somoontllioapionl's ka9'!"'Yboloft _....,., .. =-~ doM!y.Foo ...... Ind irect Sianature 0 lfnooneisaYiil bttll ,..;pionl's-....- llef11191boringtddmlmey s9lfordoMiy.Foo ...... Rfv. 0 ~ 1MII!'Irt i 15JZ7"l!M'-8!.f«&Pft~•~ --(~ - 0 u w · Q \/) ~ I -~ ~ .s: ~ ~ s:: -~ £ ~ 0 0 ' M ~ "-. ~ ~I : ., .It 1,'1 Prepared By: Kevin Boyles Regional Account Manager-Product Sales Southeast Peak Power Services, Inc. Cell#:813-240-1747 PEAK POWER SERVICES, lac. 7819 Professional Place T1111p1, FL 33637 IMPORTANT NOTICE SECTION 10 SOLICITATION SUMMARY The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT SOLICITATION SUMMARY Oty of Palm Beach Gardens ITB No. IT82016-056PS Comprehensive Generator Maintenance Services The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the City determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. BID INFORMATION Proposal Number: ITB2016-056PS Title: Due Date and nme: Comprehensive Generator Maintenance Services . 4 r:;-,loj ,b:au,b.r /J-f ,;ws (§'.;.on- Art /dtv-<r. (errvJG/~ Ac. Name of Proposer: Address : Contact Person: Bid Amount: Authorized Signature: Date: By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the City of Palm Beach Gardens. NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. Page 142 BID SUBMITTAL City of Palm Beach Gardens IT8 No. ITB201fHlS6PS Comprehensive Generator Maintenance Services This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be one (1) original and one (1) electronic version on CD or a thumb drive in a usable PDF format. The original should be marked "ORIGINAL", and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be included in the submittal, as described in the Solicitation . Invitation to Bid No.: ITB2016-056PS Title: Comprehensive Generator Maintenance Services Due Date and Time: fr ;rkj 1 [}eL-i..,/:,.( fl. ~Is' e 3 (Ji'Y1 Name of Bidder Page 121 Generator Maintenance & Deployment: Peak Power Services Inc. can provide generator service and maintenance programs anywhere in the state. We have caterpillar certified Generator Maintenance Technicians strategically placed all around the state equipped with services trucks and all the necessary parts and knowledge to troubleshoot, service and maintain your on-site or mobile generators. We can also support any generator deployment needed. We will mobilize within two hours and travel to where ever needed. Generator delivery and fueling can be done anywhere in the state within hours. We have the following equipment to support your Network. References: Hillsborough County Sheriffs Department 2008 E. Eigth Ave. Tampa, Fl Contact: Johnny Page Phone #:813-247-8034 Description of Services: We provide 24/7/365 service and maintenance on their generators. We provide preventative maintenance similar to this RFP to SO generators once to twice a year. We do the oil, oil filter, coolant, coolant filter, air filter, and fuel filter changes once a year. The generators serviced are Onan, cat, and Cummins generators SOkw thru 750kw size. Contract started on 3/1/2010 and it goes through 3/1/2013. AT&T 2299 Ponce de leon Blvd. Coral Gables, fl Contact: Jose Tarafa Phone:305-663-8226 Description of Services: We provide 24/7/365 service and maintenance on their generators. We provide preventative maintenance similar to this RFP to 545 generators once to twice a year. We do the oil and oil filter twice a year along with the Fuel Riter. The coolant, molant filter, and air filter are changed once a year. The generators serviced are a 1200KW Onan, 750 cat, 60 cat, 60MQ , SO Generac, and 35 Katolite. Contract started on 1/1/2009 and goes through 1/1/2012. Florida highway Patrol 11305 N. Mckinley Dr. Tampa, Fl Contact: Ondy Robinson Phone: 813-632-6859 Description of Services: We provide 24/7/365 service and maintenance on their generators. We provide preventative maintenance similar to this RFP to 4 generators once to twice a year. We do the oil, oil filter, coolant, coolant filter, air filter, and fuel filter changes once a year. Generators services Kohler 8kw & 100kw. Contract started on7/1/09 through 7/1/10. Harris Corporation 7022 TPC Dr. Orlando, Fl Contact: Greg Reynolds Phone: 407-581-1069 Description of Services: We provide service and repair on their generators throughout the state of Florida. The jobs have ranged from repladng interface boards & control boards, repladng and repairing radiators, fixing senders, controllers, and resetting all alarms. We do not have a contract with them but have doing repairs since 7/1/11. 4.1 PRICES AND RATES SECTION 4 PRICING SCHEDULE City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. COMPREHENSIVE GENERATOR MAINTENANCE SERVICES To supply labor, technicians, materials, and all MRO supplies to perform Comprehensive Generator Maintenance Service on the generating systems described in Exhibit A and below, and as per the frequencies and specifications detailed in Section 3, Statement of Work and Technical Specifications of this Invitation to Bid. PREVENTATIVE MAINTENANCE SERVICES ITEM 1 LOCATION MAKE MODEL ANNUAL COST a. Municipal Complex, City Hall, 10500 N Military Trail Spectrum 750DS4 $ lfJ... 9'1, ? ~ b. Burns Road Recreation Center, 4404 Burns Road Kohler 230REOZJB $ ~ ~ 3.;2,. Is-' c. Public Works Department, 3704 Burns Road Terex OT90P $ :;-4~3. 7.5 d. Riverside Youth Enrichment Cen, 10170 Riverside Drive Generac 98A055580-S $ ~'/¥3. 7$" e. Police Cell Tower, Old Dixie Highway On an GGFD-4959819 s J..t s~ ();)... f. Public Services Building, 4301 Burns Road Magnum MMG80 $~9J... ,_s- g. Fire Rescue Station No.1, 10500 N Military Trail Broadcrown BCJD275-60 $ :Jd$"7. 75" h. Fire Rescue Station No. 2, 11025 Campus Drive Kohler 100REZGD $ ~ 'f"i3 ']s- i. Fire Rescue Station No. 3, 5161 Northlake Boulevard Generac 2424030600 $ -30S7. 7S j. Fire Rescue Station No. 4, 11264 Jog Road Wacker 5891169 $ ~91S'. 7~ k. Fire Rescue Station No. 5, 3913 Hood Road Kohler 180RZD $ ~99S. 75" I. Public Works Department, 3704 Burns Road Coleman CJ6T105SQ $~¥'if. 7S m. Public Works Department, 3704 Burns Road Terex OT180C $ ;).~&/. 7 s- n. Public Works Department, 3704 Burns Road Terex OT90P $ ~'I 'if'/. 7 J o. Public Works Department, 3704 Burns Road Terex OT90P $;).'(it/. 75' p. Municipal Complex, PSAP, 10500 N Military Trail Kohler 350REOZDD S JoS7t ?S" TOTAL ANNUAL PRICE: $ W,/rJ.. 7. 37 Page I 22 ITEM 2 EMERGENCY REPAIR SERVICES-HOURLY RATES FOR WORKMEN Electrician $ Mechanic $ Technicia irman Technician's He r $ Laborer $ I. II. The Bidder affirms that it has the ca to meet the 0. ~o . 7S. City of Palm Beach Gardens ITB No. ITB2016..0S6PS Comprehensive Generator Maintenance Services PER HOUR o6 co 0{;) C)O /0 . ao () % ;(/3 initials iii. The Bidder affirms that it has the resou and subcontractors to erform the work: ;(8 initials iv. The Bidder affirms that it is in the business of Com NOTE: The City will not pay any transportation, fuel surcharges, or additional fees added to the rates and prices above. Page I 23 PART 1: City of Palm Beach Gardens ITB No. ITB2016-056P5 Comprehensive Generator Maintenance SeNices SECTIONS ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES List below the dates of issue for each addendum received in connection with this Solicitation: Addendum #1, Dated------------ Addendum #2, Dated------------ Addendum #3, Dated------------ Addendum #4, Dated------------ Addendum #5, Dated------------ Addendum #6, Dated------------ Addendum #7, Dated------------ Addendum #8, Dated------------ Addendum #9, Dated------------ Addendum #10, Dated----------- PART II: ~ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Na~ 4£= I SP. Date Page I 24 City of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services SECTION 6 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: p eaJ .. Street Address: 3J6 3 7 Mailing Address (if different than Street Address): Telephone Number(s): 71 ]-:;}~-5;;..oo FaxNumber(s): <(13-J-4~-7'~~ Email Address: k~lts&,jXAk~~~~5, (..()IV\ Federal Employer Identification Number: Q...()-)S lf)s" /] Prompt Payment Terms :lOO % _}Q_ days' net 30 days Signature: 2~ J/ -~thorized agent) Print Name: ~)"' J3qy r.e.S TKie: ~6'.:2 /kwv.} ~~ By signing this document the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/ Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page I 25 SECTION 7 City of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d. Non-Collusion Affidavit e. Sample Performance Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE f. Sample Payment Bond Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE g. Sample Letter of Credit Format Page I 26 (if required, will be requested from bidder recommended for award) DO NOT COMPLETE aty of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Plea ~f eck one of the following statements and attach additional documentation if necessary: --A-To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Bid. Acknowledged by: &k Firm Name S~nat ?.~ Name and Title (Print or Type) Date Page I 27 Oty of Palm Beach Gardens ITB No. ITB2016-0S6PS Comprehensive Generator Maintenance Services NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name 7 Date 'I Page I 28 DRUG-FREE WORKPLACE Oty of Palm Beach Gardens ITB No. IT82016-056PS Comprehensive Generator Maintenance Services --~=-~-l ___ ~_0_~ ____ 0 ___ \)_;_ce_~--+)+) -~---'"""•L---is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: ~aol Firm Name Signature Nam/.~~I ;(Prinhv& Date ~I ' Page I 29 NON-COLLUSION AFFIDAVIT Oty of Palm Beach Gardens ITB No. ITB2016-056PS Comprehensive Generator Maintenance Services STATE OF n~r,' dC) COUNTY OF t\,' \ ls bl rov.c:h Before me, the undersign: authority, personally appeared &~~ fb ~ ') being by me first duly sworn, deposes and says of his/her personal knowleCJge that: , who, after a. He/She is ~~~ ~~Q_~ of rfeak ~W<J S;rv,~ces. &c,7 , the Bidder that has submitted a Bid to perform work for the following: 1 1ra No.!-rwtaiS -osGP 5 Title: fkrJ,(,;,. ~ fiZ~of...,ort ~·~~ b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation . Such Bid is genuine and is not a collusive or sham Bid . c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has 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 Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract . d. 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 of its agents, representatives, owners, employees, or parties in inte;z~ ~Signature Sub~cribed ~nd sworn to (or affirmed) before me this _..2___ day of Oec.erf)1e.c 20~ by ~\111\ ~~e5 , who is personally known to me or who has produced f:b D& t.J ..... c__ as identification). fV SEAL NotarySignature 9! owlf . 00 Notary Name: ~ie 'Yt.J ~ Notary Public (State): _ ...... 6-"L"--------- My Commission No: '"":""<_\""'i::..~~ .... ) ... i).=-''-------- Expires on: \\)&!)(. 'j t lo l S Page I 30 r-------------------------------------------------------------------------------------------------------~-----------0 , (") After printing this label: -c OJ -)> ., r- C:::: en w w ""0~ m....a. -0 ........ ........ Ul ....a. 0') CD 0 l'oJ ........ ()0 Ul 0') 1. 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Use of this system constitutes your agreement to the service conditions in the current Fed Ex Service Guide, available on fedex .com.FedEx will not be responsible for any claim in excess of $100 per package , whether the result of loss, damage, delay, non- delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current Fed Ex Service Guide apply. Your right to recover from Fed Ex for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1 ,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide . Written claims must be filed within strict time limits, see current FedEx Service Guide. https:/ /www.fedex.com/shipping/htm1/en//Print1Frame.htm1 12/10/2015 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, enguieers help to design, construct and maintain the infrastructure and facilities that cont;ri,bute to a high quality of life for all resident of Palm Beach Gardens; and WHEREAS, Pabr. Beach Garden's future growth depends on engineers executing innovative, creati ve, hi5 R-quality solutions to technical problems; and WHEREAS, the stated purposes of the Florida Engineering Society shall be to advance the pubEc welfare and to promote the professional, social and economic interests of the engineering profe~wn and to stimulate and develop professional concepts among all engineers thr-0ugh education and in practice; and WHEREAS, cu~·nt members of the Florida Engineering Society and the Florida Institute of Consulting Engineers are making strides to interact with the engineering education Se!:tor to pr€p!J,re future engineers to maintain our economic leadership and quality of life; and WHEREAS, it is .fitting that we recognize and honor the continuing contributions of America~ ~ngineers t2 observing Engineers Week with the motto: "ENGINEERING NEW HORIZONS" NOW, THEREFYJRE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereb:1 prockli,m the week of February 21 -27, 2016 National Engineers Week. ATTEST: Patricia Snider, CMC, Ci~ Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 4th Day of February, in the year Two Thousand and Sixteen. Eric Jablin, Mayor CITY OF PALM BEACH GARDENS PAL . .lf BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, diseases of the heart, which are often preventable, are the nation's leading cause of death, with strokes b:ing the fifth-leading cause of death; and WHEREAS, 43 million women in the United States are affected by heart disease, and in Florida alone, approximately c 5 women die each day from cardiovascular disease and stroke; and WHEREAS, in the United States, heart disease causes 1 in 3 women's deaths each year, killing approximately one wonan every minute; and WHEREAS, the direct a..,d indirect costs of cardiovascular diseases in 2011, including stroke, were estimated to exceed $319 billion in the Unites States; and W1/EREAS, mosl wcoen die of heart disease, stroke, and other cardiovascular diseases than all forms of cancer oombired; and WHEREAS, February is designated as American Heart Month with Go Red For Women as the Heart Associaticn's c.all to women to increase their awareness of heart disease and to inspire them to take charge of their IL<>ftrt health; and WHEREAS, :ill w:,men are urged to learn more about their own risk for heart disease, using tools such as the American Heart Association's My Life Check; Go Red For Women Heart CheckUp; Go Red F:>r Womff_ Better U; and by talking to their doctors. NOW, THEREFORE, l, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim February 5, 2016: NATIONAL WEAR RED DAY in the City of Palm Beach Greens and urge all citizens to show their support for women's fight against heart disease by ·Nearmg red on this day. Thousands of lives can be saved each year by raising awareness an:l empowering women to reduce their risks for cardiovascular disease. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 4th day of February in the Year Two Thousand and Sixteen. Eric Jab/in, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Big Heart B,igade is one of the largest volunteer-driven programs in the United States providing over 106, 000 Thanksgiving meals for distribution throughout south and central Florida; and WHEREAS, Tom DeRita, Di~ector and founder of the Palm Beach Gardens charitable organization was inspired by his son Dave DeRitc. whose compassion for homeless families, motivated them to begin their annual Thanksgiving meal giveaway in 1992, providing meals for 1 7 needy families and thus the Big Heart Brigade was born; and WHEREAS, The Big Heart Brigade spread to Palm Beach Gardens in 1997 serving roughly 50,000 meals to needy families; and WHEREAS, in 2001 Christ Fellowship joined the effort and 6,000 meals were served and that total has increased each year; and WHEREAS, this massive undertaking involves many thousands of volunteers that arrive in shifts, morning, afternoon, and evening helping prepare and deliver turkey dinners in time for Thanksgiving; and WHEREAS, The Big Heart Brigade hosted its 23rd annual Thanksgiving feast and prepared more than 7 5, 000 meals for those in need this ho;iday; and WHEREAS, during Hurrican ~ Katrina, The Big Heart Brigade supplied meals to over 1 Ok families; and WHEREAS, throughout its hi~tory the Brigade has conducted holiday toy drives, donated over 750,000 pounds of food and supplies to victims of the earthquake in Haiti; and WHEREAS, for the past four years The Big Heart Brigade joined Renewal Coalition working to help wounded warriors and their families returning from Iraq and Afghanistan; and WHEREAS, The Big Heart Brigade is a non -profit which is 100% volunteers and 100% of all funds goes back to the community; and WHEREAS, The Brigade 's mi .. sion is to enrich the lives of those in need by providing a holiday meal or some much needed support to member~ of our community. NOW, THEREFORE, I, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby congratulate and express recognition and gratitude to Tom DeRita, founder of The Big Heart Brigade for years of outstanding devotion, dedication and service to our community. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto s et my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affvced on this 4th day of February in the year Two Thousand and Sixteen . Eric Jab/in, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Barbara ..1.\7ck/aus and golfing legend Jack Nicklaus will be married 55 years, have five children and 22 ~andchildrer.; and WHEREAS, in 2005 :he couple formed the Nicklaus Children's Health Care Foundation, to help the youth in the area and partneri!'d with the Miami Children's Hospital on a 23, 000-square-foot pediatric urgent- care center after me loss ofthci, Grandson Jake; and WHEREA, each year ,he Nicklaus's honor their grandson with The Jake, a golf tournament that benefits the foundation and keeps his memory alive; and WHEREA S , the Hon<!.a Classic, a PGA Tour golf tournament played February at PGA National in Palm Beach Gardens, Floridc 11nd the tournament's main beneficiary is the Nicklaus Children's Health Care Foundation, chaired by Barba.a Nicklaus; and WHEREAS, generoll.'5 sponsors and participants in The Lost Tree Pro-Member Tournament, The Honda Classic, <R1d The Jake Golf Tournament contributed generously to provide fonding for much needed services for children battling c::u,cer, cystic fibrosis, sickle cell and other chronic illnesses; and WHEREAS, The Ho1'.aa Classic and the Nicklaus family have teamed up to benefit children's healthcare throughout Florid:; and their charitable foundation has transformed pediatric health in South Florida (now na"flled Nicklaus Children's Hospital) and the most recently Jupiter Medical, where their $7.5 million donation will help estai:Jfi.sh a pediatric unit in February, 2016; and WHEREAS, in 2015 liia;-bara 's charitable work earned her the Bob Jones Award which is the highest honor bestowed by the United StJtes Golf Association; and WHEREAS, most rece?:dy Barbara and her family published a formal cookbook containing more than 300 of their favorite tried-and true recipes, many of them continental classics to raise fonds for the Nicklaus Children's Health Care Foundufi.on. NOW, THEREFORE, l Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby congratulate and express gratitude to Barbara Nicklaus for her outstanding achieYements, dedication and service to our community. Attest: Patricia Snider, CMC, City Cle ... k IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 4th day of February in the year Two Thousand and Sixteen. Eric Jab/in, Mayor CITY OF PALM B EACH GA RDENS PALJf BEACH COUNTY, FL ORIDA PROCLAMATION WHEREAS, H Mallory Prii.ett Jr. was born on Christmas Eve in the year 1936, raised in Selma, Alabama, and graduated from the U.'1iversity of Alabama in 1958 with a Bachelor of Science in Mechanical Engineering; and WHER EAS, Mallory was in~duced to golf by his father and grew up caddying at Selma Country club maintaining a single-digit handicap fGJ" much of his life; and WHEREAS, Mallory served lhree years in the U.S. Navy as an engineering officer on the Destroyer U.S.S. O'Hare. He was later employef! by the Pratt & Whitney Division of United Technologies Corporation for thirty-three years: managing enginee:-ing development of jet engines, served as President of the North Palm Beach -Palm Beach Gardens Jaycef.S in 1967 -1968, served as a member of the North Palm Beach Village Council.from 1969-1974, served as Mayor of North Palm Beach.from 1971 -1974, was named Palm Beach County Engineer of the year in 1973 and retired in 1992: and WHEREAS, in 1992, the yea. he retired, he won the PGA National Golf Club Senior Championship, the Palm Beach Gardens City Championship, and the Palm Beach Gardens City Senior Championship; and WHEREAS, since retiring i"l 1992, Mallory has served as Overall Volunteer Chairman for 21 professional tour events plus hundreds of local events and freely given his time as a volunteer for numerous associations being recognized for his Jneri!orious service to golf by a volunteer; and WHEREAS, Mallory has bee11 a member of the U.S Senior Amateur Championship Committee, a rules official at over 30 USGA National Championships, has served as the FSGA President.from 2002-2003, and has served on the FSGA Board of Directors for countless years; and WHER EAS, Mallory was re.:ognized at the eight annual Junior Honda Classic at PGA National, inducted into the FSGA Hall of Farr.e in 2010, added to the South Florida PGA Hall of Fame and was a recipient of the FSGA Lifetime Achievi!ment Award in November 2015; and WHER EAS, Mallory 's /eader~hip as an outstanding rules official excelled in organizing volunteers in a very professional manner resulting in superior performance; and WHER EAS , Mallory lived in Palm Beach County, Florida for fifty years with his wife Margaret, three sons and ten grandchildren. N O W, THER EFORE, I, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby honor and express gratitude for H Mallory Pruitt's outstanding achievements, dedication and service JO our community. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 4th day of February in the year Two Thousand and Sixteen. Eric Jab/in, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Tory Stephen Bueldey was born on November 21, 1948 in Sandusky, Ohio, graduated from high school in Avon Lake, Ohio, received his Bachelor of Arts Degree from Florida Atlantic University and served in the United States Army; and WHEREAS, Tory was an active member of the Palm Beach Gardens community serving as the past President of the Palm Beach Garaens Youth Athletic Association, Chairman of the Parks & Recreation Advisory Board as well as being on n:.tmerous city boards and committees since 1998; and WHEREAS, Tory 's passion to serve his community and the youth of the area was ever his first intention, and through his work on many committees, ad hoc groups, and active boards the Palm Beach Gardens Parks and Recreation faci/it;es and services are some of the finest in South Florida; and WHEREAS, Tory was the found£r and President of the Amanda J. Buckley Give a Smile to a Child Foundation for the last 7 years sinct: the tragic passing of his daughter, a Palm Beach Gardens High School athlete and scholar; and WHEREAS, the Amanda J. Buckley Give a Smile to a Child Foundation helps families facing hardship and supports young girls striving to achieve their potential providing meals for the homeless, clothing for babies, classroom supplies for children and annual scholarships to girls who have demonstrated their desire to be leaders both on and off the playingfield; and WHEREAS, the Foundation's contributions to the Palm Beach Gardens Police and Fire Department's Holiday Joy Drives have touched the ,ives of thousands of families; and WHEREAS, a key achievemEnt is the "Field of Dreams " Memorial Stadium and training facility in Palm Beach Gardens, which provides a safe and nurturing environment for sports activities; and WHEREAS, Tory Buckley wiN be remembered as a man of conviction who was devoted to the causes he believed in. He will be missed by mar.y and our community has lost a great friend. NOW, THEREFORE, I, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby honor and express gratitude for Tory Buckley 's outstanding achievements, dedication and service ~o the City of Palm Beach Gardens. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 4th day of February in the year Two Thousand and Sixteen. Eric Jab/in, Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 2016 Ordinance 2, 2016 Subject/Agenda Item: Second Reading and Adoption. An amendment to the Fiscal Year 2015/16 budget to adjust fund balance carryovers to actual amounts; re-appropriate amounts committed from the FY 2014/2015 budget for outstanding purchase orders and open projects; and for other purposes. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs:$ Council Action: Finance 0 (Total} !lL2 ] Approved ] Approved w/ Allan Owens $ 0 Conditions Finance Administrator Current FY ] Denied Advertised: Funding Source: ] Continued to: Date: January 20, 2016 [ ] Operating Attachments: Paper: Palm Beach Post [ ] Other • Ordinance 2, 2016 -Exhibit "1" [ ] Not Required Contract/Agreement: Effective Date: Submitted by: N/A Department Director Expiration Date: dL}_ N/A Allan Owens Affected parties Budget Acct.#: Approved by: [ ] Notified City Manager [X] Not required Meeting Date: February 4, 2016 Ordinance 2, 2016 Page 2 of 3 BACKGROUND: Section 166.241 , Florida Statutes, requires that amounts available from taxation and other sources , including amounts carried over from prior fiscal years, must equal total appropriations for expenditures and reserves. To ensure budgeted expenditures do not exceed available resources, it is customary to adjust beginning fund balances to the prior year's actual year-end amounts . This Ordinance amends the FY 2015/2016 budget by adjusting Fund Balance Carryovers to actual amounts , as detailed in Exhibit "1". Carry-forward of Projects and Purchase Orders In addition , under Generally Accepted Accounting Principles, as one fiscal year comes to a close and a new fiscal year begins, the City is required to carry forward the funds appropriated for prior year obligations that will be paid in the new fiscal year. This Ordinance amends the FY 2015/2016 budget for amounts reserved , committed , or assigned from the FY 2014/2015 budget for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years, as detailed in Exhibit "1 ". Some of the more significant projects, by fund , that are being re-appropriated include the following : • General Fund Replacement Fire Station #2 Municipal Complex Enhancements Monopole -Lake Catherine Park Radio Consortium • Gas Tax Fund Bridge Refurbishment Stormwater Master Plan FEC Repairs & Maintenance • Recreation Impact Fund Golf Clubhouse Expansion City Park Expansion-Phase Ill • Police Impact Fund Tactical Training Facility • Road Impact Fund Campus Drive Improvements Johnson Dairy/Military Trail Light Riverside Drive/Burns Road • Art Impact Fund Art in Public Places -Bus Shelters $1,488,273 516,935 195 ,656 159,659 395,600 286,000 144,573 3,490,843 1,888,075 2 ,970,487 593, 197 400 ,420 100,000 144 ,400 • Capital Improvement Fund Water/Road Improvements-40th/Sunset Meeting Date: February 4, 2016 Ordinance 2, 2016 Page 3 of 3 447 ,602 In addition to the above projects, staff is also requesting a transfer of $113,091 from reserves for the purchase of sixty-nine (69) portable radios to be used by the Community Services Department. These radios will allow employees in the field and at other critical locations to communicate within the department and with Police Dispatch, thereby enhancing the overall safety and welfare of both our employees and citizens . After all adjustments have been made, the General Fund Budget Stabilization Reserves will total $3, 134, 110 in FY 2016, an increase of $1 ,008,598 from the originally adopted budget, while Assigned Reserves for Infrastructure Improvements increase $2,331,335 to $2,386,909 . Unassigned General Fund Reserves are unaffected , and will remain at $23,066, 106. CITY COUNCIL: On January 7 , 2016, the City Council approved Ordinance 2, 2016 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 2, 2016 as presented on second and final reading . 1 2 ORDINANCE 2, 2016 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM 7 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING 8 OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, 9 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 10 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 11 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted 15 a Budget for the 2015/2016 Fiscal Year; and 16 17 WHEREAS, the City Council has determined that an amendment needs to be 18 made to the previously adopted Fiscal Year 2015/2016 Budget; and 19 20 WHEREAS, the City Council deems approval of this Ordinance to be in the best 21 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 22 Beach Gardens and the public at large. 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF PALM BEACH GARDENS, FLORIDA that: 27 28 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 29 30 SECTION 2. The City Council hereby amends the revenues and expenditures 31 listed in the attached Exhibit "1 " and adopts such amendments as to the Budget of the 32 City of Palm Beach Gardens for the Fiscal Year October 1, 2015, through September 30, 33 2016, inclusive. 34 35 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 36 hereby repealed . 37 38 SECTION 4. Should any section or provision of this Ordinance or any portion 39 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 40 to be invalid, such decision shall not .affect the validity of the remainder of this Ordinance. 41 42 SECTION 5. This Ordinance shall become effective immediately upon adoption . 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 2 , 2016 ~ PASSED this 7 day of J111Jvli'fl'I , 2016, upon first reading . PASSED AND ADOPTED this __ day of ______ , 2016, upon second and final reading . CITY OF PALM BEACH GARDENS Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Robert G. Premuroso, Councilmember Marcie Tinsley, Councilmember ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney FOR AGAINST ABSENT \\pbgsnas\Attorney\attorney_share\ORDINANCES\2016\0rdinance 2 2016-budget amendment.docx Page 2 of 2 O rdin an ce 2, 2016 EXHIBIT "1" City of Palm Beach Gardens Budget Amendment -Ordinance 2, 2016 FYE 09/30/2016 Exhibit "1" Additional Budget Reserved for Designated for lncrease[[Decreasel GLAccount Ex~nditure[Pro(ect Name Adjustment Encumbrances ProJects to Budget GENERAL FUND 001.0220.512.3150 Professional Services -Other 3,200 3,200 001.0220.512.4420 Rental Equipment 15,152 $15,152 001.0220.512.4650 Maintenance Contracts 407 407 001.0250.512.4800 Community Promotion 3,025 3,025 001.0900.519.3150 Professional Services -Other 44,900 44,900 001.1000.521.4600 Repair and Maintenance 4,248 4,248 001.1000.521.5200 Materials and Supplies 18,630 9,383 28,013 001 .1000.521.6400 Equipment 6,970 6,970 001.1000.521.6420 Controlled Capital-Type Property 94,461 1,257 95,718 001.1000.521 .6900 CIP-Monopole at lake Catherine Park/MacAuthur Blvd . 195,656 195,656 001.1000.521.8120 Aid to Gov Agencies -Radio Consortium 159,659 159,659 001.1030.521.5200 Materials and Supplies 6,732 6,732 001.1030.521.5294 Uniforms and Leather Goods 819 819 001.1030.521.6400 Equipment 700 700 001.1030.521.6420 Controlled Capital-Type Property 1,495 1,495 001.1200.522.3150 Professional Services -Other 16,000 16,000 001.1200.522.6900 CIP-Replacement Fire Station #62 55,000 1,400,911 32,362 1,488,273 001.1230.522.5200 Materials and Supplies 53,529 53,529 001.1230.522.5206 Materials and Supplies-Training 4,891 4,891 001 .1400.515.3150 Professional Services -Other 19,050 19,050 001.2000.572.6900 CIP-Municipal Complex Ovic Enhancement 516,935 516,935 001.2080.519.4600 Repair and Maintenance 11,860 11,860 001.2080.519.6400 Equipment 24,906 24,906 001.3000.539.3155 Professional Services -Remediation 3,328 3,328 001.3030.539.6900 CIP -Equipment Upgrades for Energy Efficiency 16,271 16,271 001.3030.539.3150 Professional Services -Other 20,433 20,433 001.3030.539.4600 Repair and Maintenance 4,614 4,614 001.3030.539.6900 CIP-Golf Course Cart Path 2,348 2,348 001.3040.541.4420 Equipment Rental 7,000 7,000 001.3040.541.5200 Materials and Supplies 6,107 6,107 001.3040.541.6900 CIP -Allamanda Water Control Structure 98,149 98,149 001.3090.524.6900 CIP-Clty Hall Unified Services Renovations 30,000 8,520 38,520 001.0900.519.9100 Transfers Out 30,000 30,000 001.0900.519.9921 Non-spendable Reserves -Prepaid Items 7,018 7,018 001.0900.519.9928 Committed for Economic Development 364,875 364,875 001 .0900.519 .9929 Commited for Law Enforcement 197,049 197,049 001 .0900.519.9930 Assigned for Budget Stabilization 1,008,598 1,008,598 001.0900.519.9931 Assigned for Infrastructure 2,444,426 2,444,426 001.0900.519.9931 Assigned for Infrastructure (143 ,091) (143,091) Total Increase to Exl)!!ndltures $ 4,076,966 $ 1,696,026 $ 1,034,792 $ 6,~~ GLAccount Revenues 001.381.0000 Transfer In 55,000 55,000 001.389.0000 Appropriated Fund Balance 4,021,966 1,696,026 1,034,792 6,752,784 Total Increase to Revenues $ 4,076,966 $ 1,696,026 $ 1,034,792 $ ''6,807,784 POLICE TRAINING FUND -002.1000.521.9924 Reserves -Restricted for Law Enforce (5 ,610.00) --(5 ,610.00) Total Increase to l:JqJendltures $ (S,610.00) $ -$ -$ . (S,61D.OO] GLAccount Revenues 002.389.0000 Appropriated Fund Balance (5,610 .00) --(5,610.00) 'fatal Increase to Revenues $ n (5,610.00) $ -' $ . $ n (5,610.00) GLAccount 103.3000.539.4600 103.3000.539.4660 103.3000.539.6900 103.3000.539.6900 103.3000.539.6900 103.3000.539.9924 GLAccount 103.381.0000 103.389.0000 '" 104.2040.575.5200 104.2000.519.9931 GLAccount 104 .389.0000 106.2550.572.6400 106.2500.572.9920 GLAccount 106.366.0000 106.389.0000 301 .2000.572.6900 301.2000.572 .6900 301.2000.572.6900 301.2000.572.9924 GLAccount 301.389.0000 302.1000.521.6900 302.1000.521 .6900 302 .1000.521.9924 GLAccount 302.389.0000 City of Palm Beach Gardens Budget Amendment -Ordinance 2, 2016 FYE 09/30/2016 Exhibit "1" Additional Budget Reserved for Expenditure/Proiect Name Adjustment Encumbrances LOCAL OPTION GAS TAX FUND Repair and Maintenance 14,728 FEC Repairs and Maintenance CIP -Bridge Refurbishment 1,822 CIP • Miscellaneous Alley Roadway Improvements CIP • Stormwater Master Plan Reserves-Restricted for Road Repairs 199,992 Total Increase to ~nditures 16,550 Revenues Transfer In Appropriated Fund Balance 199,992 16,550 Total Increase to Revenues $ 199,992 $ 16,550 RECREATION PROGRAMS FUND Material and Supplies . 4,100 Reserves· Assigned for Recreation Prog. 129,629 . Total Increase to Expenditures $ 129,629 $ 4,100 Revenues Appropriated Fund Balance 129,629 4,100 Total Increase to Revenues ~ ~ ... ~ ~ 4,.1.uu GOLF COURSE FUND Equipment 20,000.00 . Reserves-Assigned For Other Purposes 49,495 .00 . Total Increase to Expenditures $ 69,495.00 $ - Revenues Contributions and Donations From Private 20,000.00 . Appropriated Fund Balance 49,495 .00 . Total Increase to Revenues $ 69,495.00 $ . RECREATION IMPACT FUND CIP • Plant/Lilac Expansion CIP • City Park Expansion (Phase Ill) 688.25 CIP • Golf Clubhouse Expansion 220,764.84 Reserves -Restricted for Capital lmprov. 206 ,120.00 Total Increase to Ex~nditures $ 206,120,00 $ 221,453.09 Revenues Appropriated Fund Balance 206,120 .00 221,453.09 Total Increase to Revenues $ 206,120.00 $ 221,453.09 POLICE IMPACT FUND CIP • Fi ber Optic Network to Landmark CIP • Tactical Training Facility 553.00 Reserves· Restricted for Capital lmprov. (12,989 .00) Total Increase to Elg>l!flclitures $ (12,989.00) $ 553.00 Revenues Appropriated Fund Balance (12,989 .00) 553.00 Total Increase to Revenues $ l! (12,989.00) $ 553 .00 Designated for lncrease/(Decreasel Projects to Budget 14,728 144,573 144,573 393,778 395,600 24,947 24,947 286,000 286,000 19 9,992 $ 849,298 $ 1,065.MQ 849,298 1,065,840 $ 849,298 $ 1,065,840 . 4,100 . 129,629 $ . $ 133.729 133,729 ~ -~ ~.,~ . 20,000.00 . 49,495.00 $ . $ 69,495.00 . 20,000.00 . 49,495.00 $ . $ 69,495.00 1,145.73 1,145.73 1,887,386.29 1,888,074.54 3,270,077.84 3,490,842.68 206 ,120.00 $ 5,158,609.86 $ 5,586,182.9,~ .. 5,158,609.86 5,586,182.95 $ 5,158,609.86 $ 5,586,182.95 50,000.00 50,000.00 2,969,934.09 2,970,487.09 (12 ,989.00) $ 3,019,934.09 $ 3,007,498..09 3,019,934.09 3,007,498.09 $ 3,019,934.09 $ 3,(I07,498.09 GLAccount 303.1200.522.9100 303.1200.522.9924 GLAccount 303 .389.0000 304.1400.515 .4600 304.1400.515.6900 304.1400.515.9924 GLAccount 304.389.0000 305.0900.541.3150 305.0900.541 .6899 305.0900.541.6900 305.0900.541.6900 305.0900.541.9924 GLAccount 305.389.0000 311.0900.519.6900 311.0900.519 .9924 GLAccount 311.381.000 311.389.0000 ,- 505.0950.519.9920 505.0950.519.9921 GLAccount 505.389.0000 501.3020.539.4640 501.3020.539.6900 501.3020.539.9920 501.3020.539.9921 GLAccount 501 .389.0000 City of Palm Beach Gardens Budget Amendment -Ordinance 2, 2016 FYE 09/30/2016 Exhibit "1" Additional Budget Reserved for Expenditure/Profect Name Adjustment Encumbrances FIRE IMPACT FUND CI P-Transfer Out 55,000.00 Reserves -Restricted for Capital lmprov. (7,292.00) Total Increase to Expenditures $ 47,708.00 $ - Revenues Appropriated Fund Balance 47,708 .00 - Total Increase to Revenues $ 47,708.00 $ - ART IMPACT FUND Repair and Maintenance Art In Public Places-Bus Shelters Design 94,160.00 Reserves -Restricted for Capital Im prov. (45 ,068 .00) Total Increase to ExJ>!!nditures $ 145,068.00) $ 94,160.00 Revenues Appropriated Fund Balance (45 ,068 .00) 94 ,160 .00 Total Increase to Revenues $ (45,068.00) $ 94,160.00 ROAD IMPACT FUND Professional Services -Other 2,931.76 CIP -Johnson Dairy/ Military Trail 40,050.00 CIP -Riverside Drive/Burns Road CIP -Campus Drive Improvements 5,625.00 Reserves -Restricted for Capital lmprov. 4,439.00 Total Increase to Expenditures $ 4,439.00 $ 48,606.76 Revenues Appropriated Fund Balance 4,439 .00 48,606.76 Total Increase to Revenues $ 4,439.00 $ 48,606.76 CAPITAL IMPROVEMENT AND REPlACEMENT FUND NAIP-40th/Sunset/Brenna Improvements 30,000.00 226,796.69 Reserves -Restricted for Capital Improvements 29 ,041.00 - Total Increase to Ex~nditures $ 59,041.00 $ 226,796.69 Revenues Transfer In 30,000.00 - Appropriated Fund Balance 29,041.00 226,796.69 Total Increase to Revenues $ 59,041.00 $ 226,796.69 SELF-INSURANCE FUND Unrestricted Reserves 34,265.00 - Restricted Reserves 33,030.00 - Total Increase to ~nditures $ 67295,00 $ - Revenues Appropriated Fund Balance 67 ,295 .00 - Total Increase to Revenues $ 67,295.00 $ - FLEET MAINTENANCE FUND Outside Vehicle Repair 1,507.39 Equipment -Vehicles 19,592.00 Unrestricted Reserves 166,530.00 - Restricted Reserves 1,282,043.00 - TotaUncrease to Ex.,.,nditures S 1,448,573.00 s 21,099.39 Revenues Appropriated Fund Balance 1,448,573.00 21,099 .39 Total Increase to Revenues $ 1,448,573.00 $ 21,099.39 Designated for lncrease/fDecreasel Projects to Budget 55,000.00 (7,292.00) s -$ 47,708.00 -47,708.00 $ -$ 47,708.00 56,768.94 56,768.94 50,240.40 144,400.40 (45,068.00) $ 107,009.34 $ 156,101.34 107,009.34 156,101.34 $ 107,009.34 $ 156,10L34 2,931.76 360,369.59 400,419.59 100,000.00 100,000.00 587,571.68 593,196.68 4,439.00 $ 1,047,941.27 $ 1,100~.03 1,047,941 .27 1,100,987.03 $ 1,047 ,941.27 $ 1,100,987.03 190,805.39 447,602.08 -29 ,041.00 $ 190,805.39 $ 476,643.08 -30,000.00 190,805.39 446,643.08 $ 190,805.39 $ 476,643.08 -34,265.00 -33 ,030.00 $ -$ 67,295.00 -67,295 .00 $ -$ 67,295.00 -1,507.39 -19,592.00 -166,530.00 -1,282,043.00 $ -$ 1,469,672.39 -1,469,672.39 $ -$ 1,469,672.39 Grand Total All Funds $ 6,245,590.96 $ 2,329,345.04 $ 11,408,389. 79 $ 19,983,325.79 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 2016 Resolution 7, 2016 Subject/Agenda Item: Mirasol Club and Association Miscellaneous Amendment Public Hearing and Consideration for Approval: A request from Mirasol Club and Association for a Miscellaneous Amendment to approve two (2) waivers for the installation of a 50-foot-tall flagpole and an 8-foot by 12-foot flag with an area of 96 square feet to be located on the golf course behind the Mirasol Clubhouse. The Mirasol Planned Community Development (PCD) is located at the northwest corner of PGA Boulevard and the Florida Turnpike . [X] Recommendation to APPROVE [ ] Recommendation to DENY Development Compliance and Zoning Manager Originating Dept.: Planning & Zon ing : Project Manager CJ< Erin Kelley Planner [X] Quasi -Jud icial [ J Legislative [X] Public Hearing ..--~~~~~~~ Advertised: [X] Required [ ] Not Requ ired Date : 1/20/2016 Paper: Palm Beach Post ed parties: ] Notified [X] Not Required Finance: Accountant 5,l~,~ Tresha Thomas Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/ Agreement: Effective Date: N/A Expi ration Date: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Development Application • Location Map • Resolution 7 , 2016 EXECUTIVE SUMMARY Meeting Date: February 4 , 2016 Resolution 7, 20 16 Page 2 of 5 The subject petition is a request for the approval of two (2) waivers from City Code Section 78-287(c) to allow the installation of a 50-foot-tall flagpole and an 8-foot by 12-foot flag with an area of 96 square feet to be located on the Mirasol Planned Community Development (PCD) golf course, approximately 250 feet north of the Mirasol Clubhouse. The flagpole and flag were originally approved as part of the 2003 Honda Classic Golf Tournament. The Mirasol Club and Association is requesting approval to install the flagpole and flag in approximately the same location on a permanent basis. Staff is recommending approval. BACKGROUND On October 15, 1998, the City Council approved Ordinance 21 , 1998, which rezoned approximately 2,305 acres of land to allow the original "Golf Digest" PCD , now known as the Mirasol PCD , which consists of 2, 145 dwelling units, three (3) golf courses , clubhouse , training and support facilities, 105,000 square feet of office use, 15,000 square feet of commercial use , 10 ,000 square feet of community facility use, and 5,000 square feet of sales center use. On May 18, 2000, the City Council approved Ordinance 8, 2000, which approved modifications to the Master Plan , amendments to the parkway cross-sections, revisions to the conditions of approval , and related changes to other plans and illustrations. On August 2, 2001 , the City Council approved Ordinance 18, 2001 , which approved an amendment to the PCD Master Plan to reconfigure the 'golf course and residential parcels . On September 18, 2002, the City Council approved Ord inance 14, 2002 , which amended conditions of approval and the Master Plan to reflect a lake reconfiguration . On May 7 , 2015, the City Council approved Ordinance 6, 2015 and Resolution 16 , 2015, which amended the Mirasol PCD Master Plan to accommodate an expansion to the Mirasol Clubhouse. (The remainder of this page intentionally left blank) I I _ _J LAND USE AND ZONING Meeting Date: February 4, 2016 Resolution 7 , 2016 Page 3 of 5 The land-use designation of the Mirasol PCD , as shown on the City's Future Land Use Map, is Residential Low (RL). The zoning designation is a Planned Unit Development (PCD) overlay with underlying zoning designed for Residential Low-3. The zoning and land-use designations of the adjacent properties are as follows: Planned Community Mirasol PCD Development (PCD)/ Residential Low Density Residential Low-3 (RL-3) (RL) North Conservation Conservation (CONS) Conservation (CONS) Eastpointe Country Club Residential Estates (RE) Residential Low-2 (RL-2) Palm Beach Count East Mirasol Walk General Commercial (CG-1) Commercial (C) Florida Turnpike N/A N/A Residential Medium Old Palm PCD/RL-3 (RM)/Residential High (RH) Westwood Gardens RM RM South PGA Boulevard N/A NIA PGA National PCD PCD Golf (G)/RL/RM/RH West Conservation Area CONS CONS PROJECT DETAILS Site Details The Mirasol Golf Course consists of 144.60 acres and is integrated throughout the Mirasol PCD . The location where the flagpole and flag are proposed to be re -installed consists of golf course green space in between the practice driving range and putting green and the Mirasol Clubhouse to the south . Subiect Request Meeting Date: February 4, 2016 Resolution 7, 2016 Page 4 of 5 The Applicant is requesting approval to install a 50-foot-tall flagpole and an 8-foot by 12- foot flag at 96 square feet on the Mirasol Golf Course approximately 250 feet north of the clubhouse. The proposed flagpole height of 50 feet exceeds the City's Code requirement of 25 feet, and the proposed flag size and area of 8 feet by 12 feet and 96 square feet exceeds the City's Code size and area requirement of 5 feet by 8 feet and 40 square feet. The Applicant is requesting two (2) waivers. Please see the waiver section below. Waiver Request The Applicant is requesting two (2) waivers. S.'·~-----.' .... _-. ,, .... ---~~ .'"·r~;!i··: •... /·~-·~= ... •-: .···-, .. J ... ~L .. -~. -·', . · s1aw ··.: · · Code Section .· · :·. '. · 'Requirerrie.nt . . : (P.roposed Waiver _. _ .Suppor,t.; ~ , • <• _,· ':_ -, '> • • t ~ }l,...t~ Ji....-.i. ~ (r. ,/~,._l\_f: •-' . ., -a '-"\.",-J ~IJ:'f ..... ~,.)I, •: , - Section 78-287 (c}, 25 feet maximum height for 50 feet 25 feet Approval Flags flagpoles 5 feet by 8 feet maximum 8 feet by 3 feet by 4 Section 78-287 (c}, flag dimension I 12 feet/ 96 feet/ 56 Approval Flags 40 square feet maximum square feet square feet flag area 1. The Applicant is requesting a waiver from City Code Section 78-287(c), Flags, which allows a maximum flagpole height of 25 feet. The Applicant is proposing a flagpole with a maximum height of 50 feet. Staff supports the Applicant's proposed waiver request. The flagpole is located more than 550 feet from the nearest residential lot. In addition, the flagpole's 50-foot height will be consistent with the recently approved Mirasol Clubhouse renovation height of 50 feet (Resolution 16, 2015), and therefore will look proportionately scaled to the facility. The flagpole is setback more than three (3) times its height to the nearest golf course property line. Staff recommends approval. 2. The Applicant is requesting a waiver from City Code Section 78-287(c), Flags, which allows a maximum flag dimension of 5 feet by 8 feet and a maximum flag area of 40 square feet. The Applicant is proposing a flag with a dimension of 8 feet by 12 feet and an area of 96 square feet. Staff supports the Applicant's proposed waiver request. The flag's size and area will look proportionately scaled to the proposed flagpole height and the recently approved Mirasol Clubhouse renovation height of 50 feet (Resolution 16, 2015). Staff recommends approval. STAFF ANALYSIS Meeting Date: February 4, 2016 Resolut ion 7, 2016 Page 5 of 5 Staff recommends approval of the Applicant's request. The original flagpole and flag was installed when the Mirasol Club and Association hosted the Honda Classic Golf Tournament in 2003. The flagpole and flag will be installed in approximately the same location where it previously stood with the intent to create a permanent landmark. The flagpole and flag's proposed location is located more than 550 feet from the nearest residential lot and will not impact the Mirasol residences. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On December 8, 2015, the PZAB recommended approval of the subject petition to the City Council by a vote of 7 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 7, 2016 as presented . CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION M\~e.-1~-, 1-oooU& 1"3ll2. i~o Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: 1Planned Community Development (PCD) 1Planned Unit Development (PUD) r Amendment to PCD, PUD or Site Plan I Conditional Use I Amendment to the Comprehensive Plan r Administrative Approval r Administrative Appeal Project Name: Mirasol -Golf Course Flag Pole Owner: Mirasol Club and Association [" Annexation 1Rezoning CSite Plan Review rconcurrency Certificate C'Time Extension r'Miscellaneous rother I \/JI\\ \lef<. -------H--·--·--- Date Submitted: [ ___ ~ ___ J Applicant (if notOwner): ---------------------- Applicant's Address:11600 Mirasol Wav, PBG FL 33418 TelephoneNo.561.776-4949 Contact Person: ....aaD;..;.e=bo=ra=ha..;.R=o=ss'-------E-Mail: dross@mirasolcc,com Agent's Mailing Address: ---......... ------------------ Agent's TelephoneNumber: --------------------- FOR OFFICE USE ONLY Petition Number: _____ _ Date & Time Received: _____ _ Fees Received Application $ Receipt Number: _______ _ Architect: Planner: Landscape Architect: -------------------------- Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . North of the existing Mirasol Clubhouse enera ocat1on: Add 11836 Mirasol Way ress: Section: Township: Range: -------------~ P C IN b ( ) 52-42-41-32-02-007-0000 roperty ontro um er s: ----------------------- Acreage: Current Zoning: RequestedZoning: ----------------- Flood Zone _____ Base Flood Elevation (BFE) -to be indicated on site plan __ _ Current Comprehensive Plan Land Use Designation: . . Golf Course Existing Land Use: --------------~ Same Requested Land Use: -------------------- P d U ( ) • h 1 . 1 f .1 .d Golf Course ropose se s 1.e. ote , smg e am, y res, ence,etc.: ----- Proposed Square Footageby Use: ---------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 2 Justification Information concerning all requests (attach additional sheets if needed.) { Section 78-46, Application Procedures, Land Development Regulations.} I. Explain the nature of the request: We would like to request to re-install a 50' flagpole in its original position. The existing flag pole was taken down due to Golf Course renovation and a new one was ordered due to corrosion. We would like to re-install a 50' flagpole since it is a Mirasol landmark on the Golf Course. The flagpole is not located next to any residential communities. It can be seen from the Golf Course and also our existing Clubhouse. The main view from our upstairs Dining Room will include the landmark flagpole. ,H€ NN,. t-\ae;rrf 0t= Tti6 'RfT\O'/f'qoCJ CL()8r:Jl5U se_ INt U-186 8:) IO 11 u..G u..A u.... 26 ~ I 11.6-M lED LMOS~ L.iSitr Pz9-Z. JtiE ;.,-o..r-PQL:EN'"° r-Jl61IT. -rHF, l..Mr:E'"P'JPJnb;:J:$ ~tsnfl6-Mo °"1 ffi 2.1v'ltat'w11l be the impact of the proposeachange on 1ne surrounillng area? Effi;'l ~ Ttt6 None. ~f'rbJV$;. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan -Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. NIA. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? N/A. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? N/A. 6. Has project received concurrency certification? N/A. Date Receivcd4 ____ . _______ . _____ ·--·· _· Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately _1·_s __ mile(s) from theintersectionof Mirasol Way _M_ir_as_o_1 _B_ou_1e_v_a_rd ______ , on the! LI northQeast,OsouthLlwest side of the existing Clubhouse (street/road). ----------------~ 4 •( Statementof Ownership and Designatiomf AuthorizedAg81t Before me, the undersigned authority, personally appeared Tobi D'Andrea who, being by me first duly sworn, on oath deposed and says : ~-~-~-----~ 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting in the City of Palm Beach Gardens, Florida. 3. That he/she has appointed _M_a_tt_L_a_m_b_ert ______________ to act as authorized agent on his/her behalf to accomplish the above project. Signatureof Owner 11600 Mirasol Way Street Address P. 0. Box TelephoneNumber mlambert@mirasolcc.com E-mail Address Sworn and subscribed before me this My Commission expires: President -Mirasol Club and Association, Inc . By: Name/Title Palm Beach Gardens, FL 33418 City, State, Zip Code City, State, Zip Code Fax Number 2'0/S Applicant's Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: 17 Owner r Optionee r Lessee r Agent r Contract Purchaser ,fat c£lt~ Signatureof Applicant Tobi D'Andrea Print Name of Applicant 11600 Mirasol Way Street Address City, State, Zip Code Palm Beach Gardens, FL 33418 TelephoneNumber 561.776.4949 Fax Number mlambert@mirasolcc.com E-Mail Address 6 Palm Beach Gardens Planning and Zoning Department 10500 North Miiitary Trail, Palm Beach Gardens, FL 33410 561-799-4230 Financial Responsibility Form The owner understands that all City-Incurred professional fees and expenses associated with the processing of this application request are ultimately the responsiblllty of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens . The owner and/or designee shall be invoiced on a monthly basis for professional fees such as. but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month . The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/deslgnee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responslble party changes at anytime during he appli 'gm review process. Tobi D'Andrea Owner printed name DESIGNEE/BILL TO: Mirasol Club and Association Attn: Matt Lambert 11600 Mirasol Way Palm Beach Gardens , FL 33418 I 0/2(() { IS Date 52-42-41-32-02-007-0000 Property Control Number oestg,Je Acceptance Signature NOTARY ACKNOWLEDGEMENT STATEOF t=we,o~ COUNTY OF f'~ ~ I hereby certify that the foregoing instrument was acknowledged before me this~ da of ~f!;Z. , 2d~. by MrctT (}Yl\i!!,~ . He or she · personally known ~ as identification. Notary public signature ~ Po$~ Printed name State of fl..(5YZ,t~ at-large My Commission expires: ------ .... ,,"""'''' l'\CIM'\nau ROSS •'ti '• U"'1UrVV1 f.: :•\ l.f'f COMMISSION t EE~ ~. ti EXPIRES: February 15, 2017 '·iilf..~·· ·· Bonded Tivu Nu)' Pub&: Uncr-tbn Location Map 1 RESOLUTION 7, 2016 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS 6 AMENDMENT TO ALLOW THE INSTALLATION OF A 50-FOOT- 7 TALL FLAGPOLE AND AN 8-FOOT BY 12-FOOT FLAG WITH AN 8 AREA OF 96 SQUARE FEET TO BE LOCATED NORTH OF THE 9 MIRASOL CLUBHOUSE FACILITY. THE MIRASOL CLUBHOUSE 10 PARCEL IS A 27.27-ACRE PARCEL LOCATED AT THE 11 INTERSECTION OF MIRASOL WAY AND MIRASOL BOULEVARD, 12 AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 13 CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING 14 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 16 17 WHEREAS, the City Council, as the governing body of the City of Palm Beach 18 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 19 Statutes, and the City's Land Development Regulations (LOR), is authorized and 20 empowered to consider petitions related to zoning and land development orders; and 21 22 WHEREAS, the City Council adopted Ordinance 21, 1998, which approved the 23 rezoning of lands located between PGA Boulevard and Hood Road, west of Florida's 24 Turnpike, known as "Golf Digest", to Planned Community District ("PCD"); and 25 26 WHEREAS, the City Council adopted Ordinance 8, 2000, which approved an 27 amendment to the Golf Digest PCD to allow modifications to the PCD Master Plan , 28 amendments to the parkway cross-sections, revisions to the conditions of approval , and 29 related changes to other plans and illustrations ; and 30 31 WHEREAS, the City Council adopted Ordinance 18, 2001 , which approved an 32 amendment to the PCD Master Plan to reconfigure the golf course and residential 33 parcels ; and 34 35 WHEREAS, the City Council adopted Ordinance 14, 2002 , which approved an 36 amendment to the PCD Master Plan to reflect a lake reconfiguration and revised 37 conditions of approval; and 38 39 WHEREAS, the City Council adopted Ordinance 6, 2015, which approved an 40 amendment to the PCD Master Plan to update the tabular data related to the Mirasol 41 Clubhouse expansion; and 42 43 WHEREAS, the City Council adopted Resolution 16, 2015, which approved a 44 Site Plan Amendment to allow an expansion of the Mirasol Clubhouse and to provide 45 additional parking spaces at the southwest Maintenance Facility; and 46 Page 1 of 4 Resolution 7, 2016 1 WHEREAS, the subject site has a Planned Community Development (PCD) 2 Overlay with an underlying Residential Low-3 (RL-3) zoning designation and has the 3 land-use designation Residential Low (RL); and 4 5 WHEREAS, the Planning and Zoning Department has reviewed the application, 6 has determined that it is sufficient and consistent with the City's Comprehensive Plan 7 and Land Development Regulations, and has recommended approval; and 8 9 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 10 December 8, 2015, meeting and recommended approval of the subject petition (MISC- 11 MISC-15-11-000116) by a vote of 7 to O; and 12 13 WHEREAS, the City Council has considered the evidence and testimony 14 presented by the Applicant and other interested parties and the recommendations of the 15 various City of Palm Beach Gardens reviewing agencies and staff; and 16 17 WHEREAS, the City Council deems approval of this Resolution to be in the best 18 interests of the health, safety, and welfare of the residents and citizens of the City of 19 Palm Beach Gardens and the public at large . 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF PALM BEACH GARDENS, FLORIDA that: 24 25 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 26 27 SECTION 2. The application is hereby APPROVED for the installation of a 50- 28 foot-tall flagpole and an 8-foot by 12-foot flag in its proposed location on the Mirasol 29 Golf Course, subject to the conditions of approval contained herein, which are in 30 addition to the general requirements otherwise provided by resolution for real property 31 described as follows: 32 33 LEGAL DESCRIPTION: 34 35 MIRASOL PLAT FIVE, PART OF THE GOLF DIGEST P.C.D., BEING IN SECTIONS 32 36 AND 33, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 98, 37 PAGES 73 THROUGH 91 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 38 FLORIDA. 39 40 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 41 APPROVES the following waivers: 42 43 1. Section 78-287(c), Flags, to allow a waiver to exceed the maximum 44 permitted flagpole height of 25 feet for the installation of a 50-foot flagpole at 45 the Mirasol Clubhouse and Golf Course . 46 Page 2 of 4 Resolution 7 , 2016 1 2 . Section 78-287(c), Flags, to allow a waiver to exceed the maximum 2 permitted flag size of 5 feet by 8 feet with an area of 40 square feet for the 3 installation of a flag of 8 feet by 12 feet with an area of 96 square feet at the 4 Mirasol Clubhouse and Golf Course. 5 6 SECTION 4. All conditions from the development orders related to this project 7 remain in full force and effect. 8 9 SECTION 5. This approval is subject to the following conditions, which shall be 10 the responsibility of and binding upon the Applicant, its successors, or assigns. 11 12 1. Prior to the issuance of a Certificate of Completion, an inspection from 13 Development Compliance is required . (Development Compliance) 14 15 2 . The construction , operation , and/or maintenance of any elements of the 16 subject project shall not have any negative impacts on the existing drainage 17 of surrounding areas. (Engineering) 18 19 SECTION 6. This petition is approved subject to strict compliance with the 20 Exhibits listed below , which are attached hereto and made a part hereof as Exhibit "A": 21 22 1. Mirasol Flagpole Previous Location , Exhibit 1, prepared by Mirasol Club and 23 Associates, dated November 2, 2015. 24 25 2 . Mirasol Flagpole Proposed Location, Exhibit 2, Page 1, prepared by Mirasol 26 Club and Associates, dated November 2, 2015. 27 28 3. Mirasol Flagpole Proposed Location, Exhibit 2, Page 2 , prepared by Mirasol 29 Club and Associates, dated November 2, 2015. 30 31 4. Mirasol Flagpole Proposed Location , Exhibit 2, Page 3, prepared by Mirasol 32 Club and Associates, dated November 2, 2015. 33 34 5. Mirasol Proposed Flag , Exhibit 3, Page 1, prepared by Mirasol Club and 35 Associates, dated January 6, 2016. 36 37 SECTION 7. All representations made by the Applicant or the Applicant's agent 38 at any public hearing regarding this application are specifically incorporated herein , and 39 this approval is granted subject to same. 40 41 SECTION 8. This Resolution shall become effective immediately upon adoption . 42 43 44 45 46 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 7 , 2016 PASSED AND ADOPTED this __ day of _______ , 2016. CITY OF PALM BEACH GARDENS, FLORIDA BY: --------------~ Eric Jablin , Mayor ATTEST: BY: ------------Patricia Snider, CMG , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYORJABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER PREMUROSO COUNCILMEMBER TINSLEY \\pbgsnas\Attorney\attorney _s hare\RESOLUTIONS\2016\Resolution 7 201 6-Flagpole at M iraso l.docx Page 4 of 4 Resolution 7 , 2016 EXHIBIT "A" z ~l u 0 ..... V) :::, 0 > UJ a:: Q. I T""I ~ iii -J: x UJ ED LOCATION EXHIBIT 2 -PROPOS - Page:1 Date: 11/02/20~5 I Club and Association Prepared By: M1raso --.. -~--. , . . I " f • 1rcrs0i PROPOSED LOCATION EXHIBIT 2-- Page:2 Date: 11/02/2015 I b and Association ed By. Mirasol C u Pre par · 1risol z 0 5 0 ..I c LIJ v, 0 0.. 0 er::: 0.. I N t: cc t J: x LIJ c: 0 .:. ns 'u 0 Ill ~ -0 c: (IS .a j 'O 0 Ill &.n ~ s~ N ....... .. ~~ ....... "C M ::I f .... ns Qj a, c. g;o 1ii f a. Q a. EXHIBIT 3 -PROPOSED FLAG TOTAL AREA = 96 Square Feet 8'0" 12'0" Page:1 Date: 1/6/2016 Prepared By: Mirasol Club and Association tfifol CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 4, 2016 7:00 P.M. Mayor Jablin Vice Mayor Levy Council Mem her Russo Council Member Premuroso -~t,sur Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: a . VETERANS CHECK PRESENTATION . b . FLORIDA LEAGUE OF CITIES -RECOGNITION AWARDS TO MAYOR JABLIN AND COUNCIL MEMBER RUSSO FOR THEIR YEARS OF SERVICE. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. COMMENTS FROM THE PUBLIC: {For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VII. CITY MANAGER REPORT: VIII. CONSENT AGENDA: a. APPROVE MINUTES FROM JANUARY 6, 2016 CITY COUNCIL MEETING. b. APPROVE MINUTES FROM JANUARY 7, 2016 CITY COUNCIL MEETING. c. RESOLUTION 13, 2016 -UTILITY EAS EMEN T TO SEACOAST. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA GRANTING A UTILITY EASEMENT TO SEACOAST UTILITY AUTHORITY FOR TH E CONSTRUCTION , OPERATION, AND MAINTENANCE OF UNDERGROUND WATER LINES; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . d . RESOLUTION 14, 2016 -RELEASE OF UNITY OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A RELEASE OF UNITY OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. PURCHASE AWARD -ITB2016-056PS, COMPREHENSIVE GENERATOR MAINTENANCE SERVICE. f. PROCLAMATION-NATIONAL ENGINEERS WEEK. g. PROCLAMATION-WEAR RED FOR WOMEN DAY. (FEBRUARY 5, 2016) h. PROCLAMATION -RECOGNITION OF TOM DERITA -BIG HEART BRIGADE. i. PROCLAMATION -RECOGNITION OF BARBARA NICKLAUS -NICKLAUS CHILDREN'S HEAL TH CARE FOUNDATION. j. PROCLAMATION -IN MEMORY OF H. MALLORY PRIVEIT, JR., VOLUNTEER CHAIRMAN OF THE HONDA CLASSIC FROM 2006-2012. k. PROCLAMATION -IN MEMORY OF TORY BUCKLEY -FOR YEARS OF DEDICATED SERVICE AND CONTRIBUTIONS TO THE YOUTH OF PALM BEACH GARDENS. IX. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a . b. ORDINANCE 2 , 2016 -(2nd READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2015. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *RESOLUTION 7 , 2016 -MISCELLANEOUS MIRASOL PCD AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS AMENDMENT TO ALLOW THE INSTALLATION OF A 50-FOOT-TALL FLAGPOLE AND AN 8- FOOT BY 12-FOOT FLAG WITH AN AREA OF 96 SQUARE FEET TO BE LOCATED NORTH OF THE MIRASOL CLUBHOUSE FACILITY. THE MIRASOL CLUBHOUSE PARCEL IS A 27.27-ACRE PARCEL LOCATED A T THE INTERSECTION OF MIRASOL WAY AND MIRASOL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 4, 2016 7:00 P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Premuroso ~ Council Member Tinsley I. / PLEDGE OF ALLEGIANCE II. /ROLL CALL lf-0 III. /ADDITIONS, DELETIONS, MODIFICATIONS: t{--0 IV V ANNOUNCEMENTS I PRESENTATIONS: a . VETERANS CHECK PRESENTATION. b. FLORIDA LEAGUE OF CITIES-RECOGNITION AWARDS TO MAYOR JABLIN AND COUNCIL MEMBER RUSSO FOR THEIR YEARS OF SERVICE. V. / ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. v'COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VII. V'C ITY MANAGER REPORT: VIII./cONSENT AGENDA: a . APPROVE MINUTES FROM JANUARY 6, 2016 CITY COUNCIL MEETING. b. APPROVE MINUTES FROM JANUARY 7 , 2016 CITY COUNCIL MEETING . c. RESOLUTION 13, 2016 -UTILITY EASEMENT TO SEACOAST. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA GRANTING A UTILITY EASEMENT TO SEACOAST UTILITY AUTHORITY FOR THE CONSTRUCTION , OPERATION , AND MAINTENANCE OF UNDERGROUND WATER LINES; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . d. e . f . g. h. j. k. RESOLUTION 14, 2016 -RELEASE OF UNITY OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING A RELEASE OF UNITY OF TITLE FOR THE CVS PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PURCHASE AWARD -ITB2016-056PS, COMPREHENSIVE GENERATOR MAINTENANCE SERVICE. PROCLAMATION-NATIONAL ENGINEERS WEEK . PROCLAMATION -WEAR RED FOR WOMEN DAY. (FEBRUARY 5, 2016) PROCLAMATION -RECOGNITION OF TOM DERITA-BIG HEART BRIGADE. PROCLAMATION -RECOGNITION OF BARBARA NICKLAUS -NICKLAUS CHILDREN'S HEAL TH CARE FOUNDATION. PROCLAMATION -IN MEMORY OF H. MALLORY PRIVETT, JR., VOLUNTEER CHAIRMAN OF THE HONDA CLASSIC FROM 2006-2012. PROCLAMATION -IN MEMORY OF TORY BUCKLEY -FOR YEARS OF DEDICATED SERVICE AND CONTRIBUTIONS TO THE YOUTH OF PALM BEACH GARDENS. IX. /'pUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a. b. ORDINANCE 2, 2016 -(2nd READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2015. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS ' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . *RESOLUTION 7, 2016 -MISCELLANEOUS MIRASOL PCD AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING A MISCELLANEOUS AMENDMENT TO ALLOW THE INSTALLATION OF A 50-FOOT-TALL FLAGPOLE AND AN 8- FOOT BY 12-FOOT FLAG WITH AN AREA OF 96 SQUARE FEET TO BE LOCATED NORTH OF THE MIRASOL CLUBHOUSE FACILITY. THE MIRASOL CLUBHOUSE PARCEL IS A 27.27-ACRE PARCEL LOCATED AT THE INTERSECTION OF MIRASOL WAY AND MIRASOL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. ~ RESOLUTIONS: XI. t/!TEMS FOR COUNCIL ACTION/DISCUSSION: XII~ITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. PLEASE PRINT C01\1MENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL NAME: p, ~ i)')Pnh ~ SUBJECT: ITEM ON THE AGENDA: YES: NO:fL_ Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment · cards must be filled out for each specific Agenda Item about which you wish to speak. PLEASE PRINT C011MENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL NAME: llJ'1it:f!G'tJGF<1TE Co(,...LJ,J.S. .. ADDRESS : 'f 3 9 8' f'" L. ~ Co tJ t.., CITY: eaG zw:33~~ SUBJECT: _l-to __ Lt_..S_£___,_"'-_c _R_o_S_s_...._fr_o_~_'Y'r"U--.;__._-_4.._.3::;...;;;f.;.._S-__ _ r:::-LA.Y- ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. NMvffi: ADDRESS:_L~~-+--'L...£.-~~~~.JL...1---'-L..~~~==---~~~ CITY: SUBJECT: z ITEM ON THE AGENDA: YES: NO:A7 Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. Tbis request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (I) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COWvIBNTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAlvffi: ~tr bQJ.L,v: ADDRESS: ---=·'2=-2~0 __ \ ...... e-..\ ....... e___..V ...... :e.__..:s:: __ d_eii:---l..o--=4<.f=--t--.------------- c1TY: --+-?~..-·_!:,:'-----------------._ZIP: 83l{J~ SUBJECT: AcWRW£ 'N--Rffi) 6Y--e.s:tzi.b M IJ~ ITEM ON THE AGENDA: YES: NO: '{;:J__ Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. PLEASE PRINT COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL NAME: , ~'1 '.:BaY,e_r q . ..; ADDRESS: Z2..o \p\e \{e s::&e ( i)cµ..) CITY: -~----........._ _________ --i-___ ZIP: 33<t l ~ SUBJECT: &,&.c, 0tv.g_ s~ 5~ b OYJ G lf ITEM ON THE AGENDA: YES: _ NO: -Jt! Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda Tbis request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL ITEM0NTimAGENDA: YES: NO:¥ Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. C01\1MENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: ADDRESS: ~~~1---=~___;~.J.A.~L..'._--=-_..l...J.~~.L._~_;_~~~~~~ CITY: SUBJECT: ________ ___.._. _____________ "'"+-"__.. ........ ____ _ IT.BM ON THE AGJ,!NDA: I YES: NO:_? Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (I) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. PLEASE PRINT NAME: ... C011MENTS FROM THE PUBLIC REQUEST TO ADDRESS CI1Y COUNCIL ITEM ON THE AGENDA: YES: , :_:::..;::--1 s NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda Tbis request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. NAME: CO:rvfMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL ADDRESS:--1-~~~~~"-1-----=~k-=:.o==----'-~~==-~~~~~ CITY: ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: ,~~ f ,1c.dt-oll.0 ADDRESS: L\-.3li& FLA-')(. ~ CITY: P~ ~~t-4 ~~-ZIP: 33 ~l() SUBJECT: t.\--?.CoS" F\..0,)( e_~V-Lf ITEM ON THE AGENDA: YES: NO::i_ Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. 1bis request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be :filled out for each specific Agenda Item about which you wish to speak. PLEASE PRINT CO:Mrv1ENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL NAME: G-&~'1 P1--r ct+~nn ADDRESS: 't,395' Lh A ){ Co v (2.f] CITY: ?9~ 1 . sUBmcT: 't3 e s-th-AX c-r ; ITEM ON 'Ilm AGENDA: YES: No:jZ' Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (I) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT N.AlvIE: ADDRESS: ~-=::::........,~,;--+-~--±-,:,~---'~...,_,.__,_~~-'--JL---.>,,,o:,J-~~~~~~ CITY: SUBJECT: ITEM ON THE AGENDA: YES: _ NO: t<--: Members of the public may address the City Council dunng the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment · cards must be filled out for each specific Agenda Item about which you wish to speak. COM1v1ENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: A A.I A · .s -, A-:!_T A ADDRESS: 32..D S--C 6-AlfD>~ LA-:f-r ~£1ve ----------------=-------------~,....----- CITY: ------'--~~~~6-~ __ F_I_-,...-__ ZIP: ~ 3'{10 SUBJECT: (» 1-h/-N ~u &t:.. PAvl/1 #l/J1Al~v.JrJ (),._/ ~jyy,OL,£/ ~v~ ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: t!\\'C ~q €. \ M~ rs Y) ADDRESS: _P...__~__..O....____,_D~o ___,_'( _---=-6 ___.0l._._} -=-0 _6 -----'-J ____ _ _ v_e~f_Q~D~~-~c_h __ P_l· ___ zw: 3&96; &Jvccd--,'(/(1~ I p'e. ce CITY: SUBJECT: ITEM ON THE AGENDA: YES: NO:~ Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. 'This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. -----------------------------.:i/4//f, cNf ~~CAL Me..e-r.~ • ~,o.J.. ·~ -,-1....t. ~ By ~"'"" :f(M')«..c\4'. ·@ Tonight we are holding quasi-judicial hearings on the following cases • *RESOLUTION 7, 2016 -MISCELLANEOUS MIRASOL PCD AMENDMENT. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross- examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing rem.ain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to off er written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. CITY COUNCIL MEETING 02/04/16 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: NONE Under Consent: Item i. The Proclamation will be moved to the March 3rd City Council meetin2 since Barbara Nicklaus is unable to attend this evenin2. NONE CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, H Mallory Privett Jr. was born on Christmas Eve in the year 1936, raised in Selma, Alabama, and graduated from the University of Alabama in 1958 with a Bachelor of Science in Mechanical Engineering; and WHEREAS, Mallory was introduced to golf by his father and grew up caddying at Selma Country club maintaining a single-digit handicap for much of his life; and WHEREAS, Mallory served three years in the U.S. Navy as an engineering officer on the Destroyer U.S.S. O'Hare. He was later employed by the Pratt & Whitney Division of United Technologies Corporation for thirty-three years, managing engineering development of jet engines, served as President of the North Palm Beach -Palm Beach Gardens Jaycees in 1967 -1968, served as a member of the North Palm Beach Village Council from 1969-1974, served as Mayor of North Palm Beach from 1971 -1974, was named Palm Beach County Engineer of the year in 197 3 and retired in 199 2: and WHEREAS, in 1992, the year he retired, he won the PGA National Golf Club Senior Championship, the Palm Beach Gardens City Championship, and the Palm Beach Gardens City Senior Championship; and WHEREAS, since retiring in 1992, Mallory has served as Overall Volunteer Chairman for 21 professional tour events plus hundreds of local events and freely given his time as a volunteer for numerous associations being recognized for his meritorious service to golf by a volunteer; and WHEREAS, Mallory has been a member of the U.S Senior Amateur Championship Committee, a rules official at over 30 USGA National Championships, has served as the FSGA President from 2002-2003, and has served on the FSGA Board of Directors for countless years; and WHEREAS, Mallory was recognized at the eight annual Junior Honda Classic at PGA National, inducted into the FSGA Hall of Fame in 2010, added to the South Florida PGA Hall of Fame and was a recipient of the FSGA Lifetime Achievement Award in November 2015; and WHEREAS, Mallory's leadership as an outstanding rules official excelled in organizing volunteers in a very professional manner resulting in superior performance; and WHEREAS, his wife Margaret, "Boo" Privett, three sons, twelve grandchildren and one great- grandchild are all very proud of his accomplishments throughout the years. NOW, THEREFORE, I, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby honor and express gratitude for H Mallory Pruitt's outstanding achievements, dedication and service to our community. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be a.ffu:ed on this 4th day of February in the year Two Thousand and Sixteen. ~ EricJab/i,ayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY. FLORIDA PROCLAMATION WHEREAS, Tory Stephen Buckley was born on November 21, 1948 in Sandusky, Ohio, waduated from high school in Avon Lake, Ohio, received his Bachelor of Arts Degree from Florida Atlantic University and served in the United States Army; and WHEREAS, Tory was an active member of the Palm Beach Gardens community serving as the past President of the Palm Beach Gardens Youth Athletic Association, Chairman of the Parks & Recreation Advisory Board as well as bei~ on numerous city boards and committees since 1998; and WHEREAS, Tory's passion to serve his community and the youth of the area was ever his first intention, and through his work on many committees, ad hoc woups, and active boards the Palm Beach Gardens Parks and Recreation facilities and services are some of the finest in South Florida; and WHEREAS, Tory was the founder and President of the Amanda J. Buckley Give a Smile to a Child Foundation for the last 7 years since the tragic passing of his daughter, a Palm Beach Gardens High School athlete and scholar: and WHEREAS, the Amanda J. Buckley Give a Smile to a Child Foundation helps families facing hardship and supports younK ~rls strivinK to achieve their potential providinK meals for the homeless, clothing for babies, classroom supplies for children and annual scholarships to girls who have demonstrated their desire to be leaders both on and off the playing field; and WHEREAS, the Foundation's contributions to the Palm Beach Gardens Police and Fire Department's Holiday Joy Drives have touched the lives of thousands of families; and WHEREAS, a key achievement is the "Field of Dreams" Memorial Stadium and training facility in Palm Beach Gardens, which provides a safe and nurturing environment for sports activities; and WHEREAS, Tory Buckley will be remembered as a man of conviction who was devoted to the causes he believed in. He will be missed by many and our community has lost a weat friend NOW, THEREFORE, L Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby honor and express watitude for Tory Buckley 's outstandinR achievements, dedication and service to the City of Palm Beach Gardens. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ~f the City of Palm Beach Gardens, Florida, to be affixed on this 4th day of February in the year Two Thousand and Sixteen. ~~ EricJab/in,ayor CITY OF PALM BEACH GARDENS PAL.~ BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, engineers help to design, construct and maintain the infrastructure and facilitU!s that contrib-;ite to a high quality of life for all resident of Palm Beach Gardens; and WHEREAS, Palm Beach Garden's future growth depends on engineers executing innovative, creative, high-q:iality solutions to technical problems; and WHEREAS, the stated purposes of the Fforida Engineering Society shall be to advance the pu':>lic welfare and to promote the professional, social and economic interests of the engineering professio:i and to stimulate and develop professional concepts among all engineers through educatio-.i and in practice; and WHEREAS, current members of the Fforida Engineering Society and the Florida Institute of Consulting Engineers are making strides to interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life; and WHERE_4S, it is fitiing that we recognize and honor the continuing contributions of Americas engineers by otserving Engineers Week with the motto: "ENGINEERING NEW HORIZONS,, NOH~ THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of February 21 -27, 2016 National Engineers Week. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 41h Day of February, in the year Two Thousand and Sixteen. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Big Heart Brigade is one of the largest volunteer-driven programs in the United States providing over 106, 000 Thanksgiving meals for distribution throughout south and central Florida; and WHEREAS, Tom DeRita, Director and founder of the Palm Beach Gardens charitable organization was inspired by his son Dave DeRita whose compassion for homeless families, motivated them to begin their annual Thanksgiving meal giveaway in 1992, providing meals for 17 needy families and thus the Big Heart Brigade was born; and WHEREAS, The Big Heart Brigade spread to Palm Beach Gardens in 1997 serving roughly 50,000 meals to needy families; and WHEREAS, in 2001 Christ Fellowship joined the effort and 6,000 meals were served and that total has increased each year; and WHEREAS, this massive undertaking involves many thousands of volunteers that arrive in shifts, morning, afternoon, and evening helping prepare and deliver turkey dinners in time for Thanksgiving; and WHEREAS, The Big Heart Brigade hosted its 23rd annual Thanksgiving feast and prepared more than 75,000 meals/or those in need this holiday; and WHEREAS, during Hurricane Katrina, The Big Heart Brigade supplied meals to over 1 Ok families; and WHEREAS, throughout its history the Brigade has conducted holiday toy drives, donated over 750,000 pounds of food and supplies to victims of the earthquake in Haiti; and WHEREAS, for the past four years The Big Heart Brigade joined Renewal Coalition working to help wounded warriors and their families returning from Iraq and Afghanistan; and WHEREAS, The Big Heart Brigade is a non -profit which is 100% volunteers and 100% of all funds goes back to the community; and WHEREAS, The Brigade 's mission is to enrich the lives of those in need by providing a holiday meal or some much needed support to members of our community. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby congratulate and express recognition and gratitude to Tom DeRita, founder of The Big Heart Brigade for years of outstanding devotion, dedication and service to our community. Attest: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affued on this 4th day of February in the year Two Thousand and Sixteen. Eric Jablin, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, diseases o:= the heart, which are often preventable, are the nation's leading cause of death, with strokes behg the fifth-leading cause of death; and WHEREAS, 43 million women in the United States are affected by heart disease, and in Florida alone, apJ)l'oximately 65 women die each day from cardiovascular disease and stroke; and WHEREAS, in the Uni1ed States, heart disease causes 1 in 3 women's deaths each year, killing approximately one woman every minute; and WHEREAS, the direct and indirect costs of cardiovascular diseases in 2011, including stroke, were estimated to exceed $319 billion in the Unites States; and WHEREAS, mos1 women die of heart disease, stroke, and other cardiovascular diseases than all forms of cancer combired; and WHEREAS, February is designated as American Heart Month with Go Red For Women as the Heart Associa:ion's call to women to increase their awareness of heart disease and to inspire them to take charge offaeir heart health; and WHEREAS, all w,)men are urged to learn more about their own risk for heart disease, using tools such as the American Heart Association's My Life Check; Go Red For Women Heart CheckUp; Go Red For W:)men Better U; and by talking to their doctors. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beacil Gardens, F1orida, do hereby proclaim February 5, 2016: NATIONAL WEAR RED DAY in the City of Palo Beach Garcens and urge all citizens to show their support for women's fight against heart disease by "'·earing red on this day. Thousands of lives can be saved each year by raising awareness and empowermg women to reduce their risks for cardiovascular disease. P~MC, Cit;/Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affIXed on this 4th day of February in the Year TwoThou,a~ Eric Jablm, Mayor Analysis Of 2015 FOOT Justification Report For Central Blvd./1-95 Interchange This analysis examines the details presented in the FOOT's report supporting the need for the development of a new 1-95 Interchange at Central Blvd. The report was put together after a 2011 Areawide Mobility Study was completed on an area extending from south of PGA Blvd. to Indiantown Road. The 2011 document reviewed all 1-95 elements as well as activities along the major corridors within the study area. The Mobility Study primarily highlighted the congestion problems associated with both Indiantown Road and PGA Blvd. Both of these major arteries were considere d h ighly over utilized and causing significant impacts on other connecting corridors throughout the study area. The report reviewed traffic counts along the roadway themselves, at the intersections of the key facilities and at the three 1-95 interch anges in the study area. The actual traffi c counts used as the basis for this study were performed in 2009. The 2011 study clearly indicated that high Level of Service (LOS) failures on both Indiantown Road and PGA will continue to worsen as the area's economy strengthens and building construction resumes throughout the northern county area. The study showed the PGA Blvd. -Military Tr. -1-95 Interchange complex as a major area of concern -an area projected to dramatically grow in the coming years. Consequently, FOOT undertook a preliminary engineering review of the PGA Blvd. corridor from the Florida Turnpike east to near the Gardens Mall. After the review of a number of possible avenues of relief for the area, FOOT targeted a new 1-95 Interchange at Central Blvd as the tool to provide the benefits they were seeking for the community. Th e new study known as the 2015 Justification Report based its analysis and projections on traffic counts made in 2013. The study was coordinated with the Pal m Bea ch County Metropolitan Plan Organization's Long Range Transportation Plan and therefore demonstrated projected traffic usage through the Plan's 2040 planning period. This analysis of the Justification Report is broken into two sections: a fundamental review of the descriptive write up included in the report and an examination of the numbers detailed in the reports data elements. The written portion of the Justification Report provides some insight into the department's reasoning for focusing on the Central Blvd. project. The details presented in the data portions of the report give a clearer picture of what the results could be from the development of a new interchange as expressed in the report. Each provides insight into how FDOT supported moving forward with the proposal in the Justification Report. The Justification Report has been sent from the FDOT's South Florida Regional Office to the state headquarters for further review. The report should be sent on to Washington D.C. for federal transportation offices approval in the very near future. Fundamental Review of the Report's Descriptive Narrative • As an introduction to this study FOOT notes that "combined with existing high density commercial/retail development of regional impact along with future planned development have created the need for additional transportation solutions." Much associated with the commercial development surrounding the PGA Blvd./1-95 interchange. • The report clearly states that they only explored options for a new interchange between PGA Blvd. and Donald Ross Road. • The FDOT design study area was from Northlake Blvd. to Donald Ross Rd. However, there were no options considered south of PGA Blvd as possible relief for area congestion. • The report notes a number of times that this project is about relief to access roa ds to 1- 95. There is no relief planned or necessary for the mainline of 1-95. • The leading problem of congestion in the area was the "SR786/PGA Blvd. and SR 809/Military Tr." Additionally, the conditions at the intersection of these two roads is expected to worsen in the coming years. • The "constrained facilities" are listed as: Interchange of Fla. Turnpike and PGA Blvd. Intersection of Central Blvd. at PGA Blvd . Intersection of Military Tr. and PGA Blvd. PGA Blvd . from the Turnpike to U.S. 1 • The intersections were considered to be the source of many of the Level of Service (LOS) problems on each of these corridors. • The 1st intersection predicted as an LOS failure is the PGA & M i litary crossing. This intersection along with its connection to the 1-95 Interchange at PGA is projected to fall to LOS category F in 2015. No Build Condition • The No Build scenarios describe conditions with no improvements except th ose already in the planning stages. The only three in the study area that were considered are: a new four-lane section of Hood Rd. west of Central Blvd; improvements at the intersections of PGA/Central and the PGA/ Florida Turnpike. Alternatives considered • Alternative #1-is a basic diamond interchange at Central Blvd. It also provides widening Central Blvd. to eight lanes thru the intersection only. • Alternatives #2 -is the same diamond development as #1 but removes the existing Military Tr. ramps. This option was rejected due to the loss of existing access. • Alternative # 3 -is simply a variation of #1 with adjustments for the safety problems associated with the existing ramps for Military Tr. Access to the Military Tr. ramps would be gained by aerial crossings of Central Blvd. itself. • Alternatives #4 thru #9 -are the consideration of a variety of partial interchange structures at Central Blvd. Each was rejected due to loss of mobility issue improvements. • Alternative #9 -considered the addition of access lanes to and from the south at Military Trail. The idea was dropped due to the lack of area relief and land space issues. • Alternatives #11 thru #21 -considered a variety of options for an interchange at Hood Road. Land problems and the amount of area relief provided removed these from consideration. • Alternatives #22 thru #26 -considered a number of concepts associated with future special use (toll and HOV lanes) interchange concepts as well as partial interch ange designs. None show a high level of projected congestion relief for the study area. • Alternative Summary -Only Alternatives #1 & #3 were forwarded for further consideration and future engineering study funding from the Federal transportation authorities. These two Alternatives only differ in the type of interchange construction design to be used. Both would be very intrusive to the surrounding communities in terms of traffic impacts. However, Alternative #3's flyover concept would create an additional set of issues. Response to FHWA Policy Considerations • FDOT's addresses eight specific elements required to gain Federal support (i.e., funding) for the proposed project. In many of their responses, critical elements are either incorrect or misleading. • Under FHWA Policy element 8.1-FOOT states that there is a single interchange serving the "Palm Beach Gardens area" when in fact there are three (PGA, Northlake Blvd. & Donald Ross Rd.). • Under 8.1-Part of their description of the land use elements is also misleading. The statement that "a large tract of vacant land exists from Central Blvd. north to Donald Ross Road" is incorrect. With present day construction, there is no vacant land on Central Blvd. from PGA to Donald Ross with the exception of a small commercial property at the corner of Victoria Falls Blvd. While it could be assumed that the parcel being referred to is the Briger tract, that property does not have any borders along Central Blvd. and the primary access is on Donald Ross Rd. • Perhaps the most important response to 8.1 is the following statement-" .... while the build alternatives continue to show sections of PGA Blvd. and Military Tr. with LOS conditions less than LOS D . " In other words, basically no long term improvement for the targeted area is projected by the numbers associated with the Justification Report. • Under 8.2, the Report states "the predominant problem discovered by these studies was the SR786/PGA Blvd. corridor from Florida's Turnpike to east of 1-95." • Under 8.2 -FOOT 's response makes the statement that relief for the PGA Blvd./Military Tr. problem can only be solved through "two improvement strategies ..... the interchange proposal for new access at Central Blvd. or the widening of SR786/PGA Blvd over the entire length of PGA Blvd. within the study area." However, the study does not demonstrate how this conclusion was reached. • The answer to 8.2 also states "the interchange proposal demonstrates significant diversion (13 % drop in ramp volumes at PGA Blvd interchange) of traffic from the congested areas along PGA Blvd. and Military Tr." • Under the response to 8.5 -the statement in explaining the "Objective: Interregional Connectivity'' says "the proposed interchange will help support enhanced mobility for freight by providing more direct connection to Central Blvd. which is a primary truck route within Palm Beach County, providing an east-west connection to US-1 and several north-south arterials." This is wrong on many levels. First, Central Blvd. is a "north-south arterial" not an east -west connection. Second, Central does not intersect with any north -south roads. Lastly and most important, Central is a neighborhood community road used very infrequently by any truck traffic. It clearly is not a factor in freight movements throughout Palm Beach County. And, it does not have any connection to US-1 other than PGA and Donald Ross. • Under the response to 8.7 - " ... the proposed Central Blvd./1-95 interchange, in particular, could have a sizeable impact on job creation in this northern portion of the study area, given the propensity of businesses to locate at higher volume traffic locations." Nearly all of the land developed along Central Blvd. is some form of residential communities. Only one parcel of undeveloped land has a commercial designation allowing business growth along Central Blvd. between PGA and Donald Ross Rd. The addition of this interchange would simply place large amounts of additional traffic in neighborhood areas including the primary access routes to four schools. Section 5.0 of the Report -Purpose and need for the Project • Points out Palm Beach County's use of the CRALLS (Constrained Roadways at Lower Level of Service) designation for both PGA Blvd. and Military Tr. north of PGA Blvd. The report also found that like many of other failing roadway segments, the major part of the issues can be attributed to intersection failures. (The development of the Central Blvd./1-95 Interchange will not remove the CRALLS designation from either of these two roads or upgrade the LOS from the intersections creating the need for a CRALLS designation.) • The findings in this section of the report show all parts of the PGA/Military Tr/1-95 intersection complex fail by 2025 even with some short term improvements. • The section contends that a new Central interchange would reduce the future demand in these roadway areas. However, the data elements of the study show that where there is relief, it is temporary and the roadway areas designed for re li ef will again reach failing levels of service (LOS) before the end of the study period in 2040. Examination of the Report's Data Elements The data analysis is broken down into two primary concerns. The first is the level of service conditions and projections for the study period. The second is the traffic counts from actual field work in 2013 and projections through the study period ending in 2040. The numbers reflect both roadway sections and intersection conditions. This ana lysis will deal with elements of both. The analysis will consider the data for the two alternatives selected for the final report (Alternative #1 and #3 -interchange build scenarios) to be the same as there is no difference in traffic impacts to the surrounding communities. The only variation between these two remaining alternatives is the design of the interchange itself. Traffic counts will be associated with peak hour volumes. The Level of Service (LOS) grading is an A - F system focused on peak hour conditions for both AM an d PM activities. The analysis will not address FDOT's further data summaries that deal with formulated estimates of Delay Benefits, Peak Hour Delays, Delay Cost or Benefit and Annual Delay Benefit. As these numbers are second tier projections assigned based on other estimates of traffic counts and estimates of future costs elements. The key to this examination is simply the traffic impacts that a new interchange would impose on the neighboring communities and the actual relief provided to the target area -PGA Blvd./ Military Tr./1-95 complex. Level of Service (LOS) Comparisons • Under conditions surveyed in 2013 the three intersections along PGA -the Turnpike, Central Blvd. and Military Tr. receive AM and PM LOS grades of F. With planned improvements, the Central intersection improves slightly to 0/F (am/pm) condition in the early years but returns to F grades by the study end in 2040. The Military Tr intersection remains an F condition. The key element of failure at these intersections is the volume of traffic on PGA Blvd. • The PGA/1-95 ramp intersections conditions show some improvement with a new Central Interchange. But discrepancies in the report findings bring into question the validity of those LOS gradings. • Military Tr. roadway sections and intersections show very minimal improvements with a new interchange. The exception would be the Military Tr. roadway section immediately north of PGA to the intersection at Kyoto Gardens which shows relief throughout the study. However, the traffic growth estimates do not reflect the appropriate impact for the planned development in what is known as Parcels SA and SB along with two other neighboring properties. • A confusing fact in the report is the treatment of the Donald Ross/1-95 Interchange. Today, it is one of the more underutilized interchanges in Palm Beach County. An interchange that will be seeing immediate relief from currently planned construction associated with the start of development in the Brigger Tract that fronts along Donald Ross immediately east of the 1-95 intersection. • Another unexplained element in the report is the development of Alternative #1 interchange that shows significant relief to the Northlake Blvd. Interchange area. An interchange that has no connectivity to the Central Blvd. area in terms commercial or residential usage. • The roadway LOS projections from the study indicate significant improvement in traffic on Central Blvd between the proposed interchange and PGA Blvd. from the current conditions even in the No Build scenario. They also show very limited impact from a new interchange. Both of these factors are extremely questionable. • Perhaps the biggest problems for neighboring communities are the LOS conditions the new interchange estimates show north of the interchange itself. While the No Build scenario congestion in the area is increasing for almost every intersection and roadway segment associated with both Central Blvd and Military Tr., the Alternative #1 LOS impact can't be clearly seen by simply LOS indicators. The important numbers are in the estimate traffic counts. Comparison of Traffic Count Estimates • The fundament issues with the overall traffic estimates are based in the assumptions that drive the projected numbers. A good example is the roadway section of Central Blvd. north of PGA. The 2013 AM Northbound traffic grew 7% or under 2%/year from 2009 count. Projections thru 2020 show 29% increase without an interchange and a 39% increase with an interchange. More than doubling of the growth rate. • PM traffic counts for the same section of Central are even more differentiated. Growth from 2009 to 2013 was 20%. Projections for 2020 show a 350% increase without an . interchange and 287% with. • The impact of a new interchange on Central Blvd. cannot be demonstrated any better than thru the comparison of traffic estimates between the Military Tr. @ Kyoto Gardens and Central Blvd. @ Victoria Falls. By almost every count (Northbound, Southbound, AM, and PM) the traffic volumes on Central will exceed those on Military Tr by the end of the study period. So, while the new interchange eliminates a number of vehicles on the six-lane Military Tr. it produces massive new volumes on the four-lane Central Blvd. • The 2013 peak hour counts on Central Blvd . @ Victoria Falls were under 600 trips for both AM & PM periods and in all directions. Projected volumes from the addition of a new interchange range from over 2700 to 3400 by the end of the study period - a 5-6 fold increase. • While the massive increases are projected for Central, the relief to Military Tr. is only temporary as the volume increases continue. • Reduction of traffic on PGA Blvd . thru the study period is only minimal with the addition of the new interchange. The PGA roadway section west of Military Tr. shows from 5% - 12% reduction based on direction and time of the day with a Central interchange. But, the report still shows a growth of as high as 20% during the study period. • Another area of concern associated with the Justification Report is its treatment of the area that will be providing additional traffic components around or on Kyoto Gardens Drive. With four major parcels for development or redevelopment in the immediate vi cinity of Kyoto that could represent as much as 1 Yz to 2 million sq ft of commercial property, the study appears to allocate only a few hundred new trips that will circulate thru the PGA/Military Tr./1-95 complex. However, this kind of development should indicate a much greater volume growth during all time periods of the day. Overview Central Blvd./ 1-95 Interchange October 2015 Justification Report Analysis While the revisions to the original 2014 Interchange Justification Report (UR) did correct a number of significant elements concerning both the knowledge of the area and the traffic volume estimates, the new UR clearly falls short of its stated goal. As in the original UR, th e fundamental statement of need for the proposed new interchange is still to provide traffic mobility relief to PGA Blvd. and the surrounding roadways. What actually is presented in the new IJR is a project that provides very minimal relief to the PGA corridor, does not provide for the large commercial growth planned near the PGA/Military Tr./1-95 complex and creates significant new mobility issues in the middle of a community area comprised of only residential neighborhood developments. Perhaps the most conflicting element of this purposed undertaking can be demonstrated by a single roadway comparison: Using the modeling estimates shown in the new IJR for the development of the interchange, AM traffic volumes along Central Blvd. at Victoria Falls Blvd. (immediately north of the proposed interchange) will be the same as those along PGA Blvd west of Military Tr. (2040 AM Peak Hour: Central Blvd. -4,469; PGA -4470) This is compounded by the fact that Central Blvd. between PGA and Donald Ross Rd. is a four-lane roadway and provides direct morning commuter access to five schools within a mile of this location. PGA Blvd at Military Tr. is a six- lane structure (with three additional turn lanes in all directions). It would appear that the attempt to relieve PGA Blvd mobility issues will create much more complex and dangerous traffic issues for thousands of students and commuters every morning. The remainder of this analysis report will detail a number of concerning factors with th e IJR and the basic concept of the development of this new interchange. In summary, this analysis points to the need to step back and address the underlying issues that must be to dealt with in order to provide sound relief to the current and growing traffic congestion problems centered in the PGA Blvd./Military Tr./1-95 complex. The solution to the problems of that complex are neither simple nor resolved by the latest UR. However, it is clear that desired long-term relief is not provided by the addition of a Central Blvd. Interchange. .. Unchanged Elements A number of factors in the October 2015 Revision of the Interchange Justification Report remained unchanged from the original IJR. The most important of those items are: • No additional alternatives were considered as solutions to the PGA Blvd. issue that is the primary focus of the interchange project. The original IJR displayed 26 alternatives. However, as demonstrated in the analysis of that report, few of those alternatives showed any sound usefulness in terms of being able to address today's conditions. • No direct changes to the existing PGA Blvd/1-95/Military Tr. com p lex were considered beyond the originally discounted widening of PGA Blvd over the entire length within the study area. • Changes to existing structures at the 1-95 structure were also not included in the countywide 1-95 Interchanges Study completed by FDOT in 2014. • The area growth assumptions remained fundamentally the same as in the original UR. • The study area and the study time frames remained the same. • The basic selective alternative remained as the development of a new interchange at Central Blvd. • The study still refers to Central Blvd. as "major collector" road. • The new IJR still does not recognize the differentials among the various sections of the Briger tract. With the north portion of that development area being co m mercial and research designations and the southern areas the residential, these are two very different areas. The primary traffic generator from this site will be the northern commercial land which will be serviced by Donald Ross Rd. and will have little impact on the PGA/ 1-95/ Military Tr. complex. • Like the original report, the new IJR does not look at ways to better use the Military Tr. Southbound exit ramps as a method to remove traffic from the Military Tr. /PGA Blvd intersection. Currently, all traffic exiting the 1-95 mainline must travel sou th·on Military Tr. into this congested intersection. • No reflection of the actual city approved growth around Kyoto Gardens Drive is demonstrated in the traffic count projections. • The modeling still shows that a new Central Blvd. interchange would be providing relief to the Northlake Blvd. Interchange. Important Element Changes Some elements of the original IJR were adjusted, revised or corrected. Th e critical ones are: • The most notable change in the new IJR is the adjustments in the projected traffic volumes. The changes ranged from very minor percentages to estimates that showed more than 50% variations from the first IJR. Virtually all of the adjustments were significant reductions in the future traffic estimates. • The changes in traffic volume estimates culminated in a reduction of the projected relief to PGA Blvd. traffic from former levels of 12-15% to new estimate of 8-9%. • The new study removed the reference to Central Blvd. being a major truck route connecting commerce with U.S. 1. • Another major change in the new UR is the elimination of a braided designed roadway usage (incorporates a flyover structure) for the interchange. The new alternative design suggests the use of a collector-distributor which can be developed parallel to the mainline surface. • The study noted that there are four interchanges currently serving Palm Beach Gardens as opposed the original IJR's comments that PGA Blvd was the only interchange serving the city. However, the new UR did state that "PBG area concentrates the demand for access and consequent congestion in the area of the PGA Blvd. Interchange." This statement is not a true reflection of the PBG community when you consider the traffic volumes on Northlake Blvd. and Donald Ross Rd. • As part of the Community Services listed in the immediate area of the proposed interchange, the new study still does not identify three of the five schools located within 1 mile of the new interchange project. Two of the unidentified schools are high schools. The importance of this omission is due to the proposed dramatic increases AM traffic volumes along the section of Central Blvd. where today the vast majority of the morning traffic is connected to the five schools. ... Summary The October 2015 revisions to the original IJR do show many dramatic modeling changes to the traffic projections and reflect an awareness of some of the issues that were pointed out in our analysis of the original document. However, these adjustments appear to be more cosmetic than actual research into a better solution for the Palm Beach Gardens community. PGA Blvd. traffic issues are not created as much by growing local trips as commuters to city. A look at the numbers demonstrated in both IJ R's show the traffic loading comes from the job growth and customers associated with commercial and retail development in the rapidly expanding areas east of 1-95 on Northlake Blvd., Donald Ross Rd. and especially PGA Blvd. Relief for PGA Blvd. cannot be found in the neighborhoods along Central Blvd. To successfully remove trips from PGA Blvd . and consequently relieve congestion in the surrounding areas roadways like on Military Tr., there are three basic elements that need to be targeted: 1. By the traffic studies shown in both IJR's, in the AM peak hours eastbound and the PM peak hours westbound over 1,000 trips an hour result from vehicles using the Turnpike to access PGA Blvd. These trips can be tracked directly to the commercial locations east of 1-95. Also, with no access from the PGA Blvd. to Indiantown Rd ., these trips can be expected to grow as the Donald Ross Rd. corridor continues to expand. Solution -Examine Turnpike access between PGA and Indiantown Rd. 2. The congestion in PGA Blvd./Military Tr./1-95 complex is magnified by the limited access from the Interstate to and from PGA Blvd. Today, all traffic looking to access or leave the commercial areas east of the 1-95 have limited options. Single lane ramps to southbound 1-95 both from the east and west cause serious peak hour congestion on PGA and oth er surround roadways. Direct access into major commercial locations and connector roads for commuter options does not exist. While a PGA Blvd. solution of adding ad ditional lanes along the corridor was quickly and correctly dismissed, no other solutions at PGA Blvd. were part of this IJR or FDOT's previous Countywide Interchange study. So l ution -Study direct relief at PGA Blvd. /1-95 Interchange location. Look for ways to connect traffic to their end destinations with possible direct access to Kyoto Gardens Dr., RCA Blvd. and/or Military Tr. Thereby, eliminating usage of PG A Blvd. itself. 3. The Military Tr./1 -95 ramps are significantly underused. Forcing 1-95 southbound traffic to travel only south on Military not only limits the use of the ramp itself, it also adds to the congestion at the Military /PGA intersection. With a growing university cam p us immediately north of this mainline connection, it seems that many daily trips to that institution alone could be removed from the PGA problem with a left-hand turn option for exiting traffic. With additional connectivity of other interchange parts, it would appear that there could be a much great utilization the Military Tr. ramps. Solution -Study a plan to improve the usage of the Military Tr. Interchange area. The above items alone could provide a much better future for those using PGA Blvd. and the surrounding roadways than a new interchange at Central Blvd. The 2015 IJR shows a reduction of only a few hundred trips in year-to-year comparisons thru out the course (2013-2040) of the study. The changes suggested above could much greater mobility relief for all of the roadways connected to this area far into the future. • { 2013 2020 2040 2013 2020 2040 2013 2020 2040 2013 2020 2040 2013 2020 20 40 PGA Blvd. Traffic Volu m es Morning Trips (Peak Hour traffic counts between major intersections) Location Eastbound Westbound No Build 936 992 1,142 2,096 2,222 2,557 2,166 2,339 2,859 2,174 2,261 2,500 3,458 3,596 4,046 Build 1,029 1,185 Turnpike 2,305 2,653 Cen t ral Blvd. 2,185 2,670 Militarv Trail 2,156 2,384 3,403 3,8 2 9 1-9 5 No Build 1,068 1,132 1,335 1,563 1,657 1,954 1,540 1,602 1,802 1,203 1,275 1,492 1,474 1,577 1,947 Build 1,075 1,268 1,573 1,855 1,600 1,800 1,052 1,230 1,387 1,711 ., 2013 2020 2040 2013 2020 2040 2013 2020 2040 2013 2020 2040 2013 2020 2040 PGA Blvd. Traffic Volumes Afternoon Trips (Peak Hour Traffic counts between major intersections) Location Eastbound Westbound No Build 808 873 1,042 1,654 1,786 2,134 1,845 1,919 2,122 1,981 2,080 2,357 2,912 2,970 3,145 Build 879 1,049 Turnpike 1,799 2,149 Central Blvd. 1,811 2,003 Military Trail 1,903 2,156 2,688 2,847 1-95 No Build 1,125 1,193 1,361 2,129 2,257 2,576 2,103 2,250 2,692 2,090 2,174 2,424 2,940 3,146 3,881 Build 1,217 1,388 2,302 2,677 2,069 2,475 1,963 2,188 2,281 2,814 '< ,/--~ " Comparison Numbers Along Central Blvd. from Mobility Study and Justification Reports Central Blvd --North of PGA Blvd. (Numbers are peak hour from intersection counts) Northbound Year No Build 10[15 Build 10[15 AM 2009 900 900 2013 962 962 2020 1242 1038 1334 1216 2040 1545 1212 1661 1481 PM 2009 510 510 2013 611 611 2020 2136 1983 1751 1349 2040 2658 2337 2179 1631 Sou th bound AM 2009 830 830 2013 1304 1304 2020 1865 1029 1510 816 2040 2322 1301 1881 1127 PM 2009 670 670 2013 762 762 2020 1669 1004 1494 865 2040 2077 1270 1859 1175 Central Blvd. -between Hood & Donald Ross Northbound Year No Build 10/15 Build 10/15 AM 2009 940 940 2013 635 63 5 2020 1094 773 1369 1044 2040 1363 1053 1704 1194 PM ·2009 710 710 2013 666 666 2020 1840 1050 1841 1016 2040 2289 1377 2290 1447 Southbound AM 2009 610 610 2013 853 853 2020 1610 982 1840 111 1 2040 2004 1416 2290 1447 PM 2009 720 720 2013 628 628 2020 1699 954 1556 943 2040 2112 1660 1937 1679 p · Central Blvd @ Victoria Falls Northbound Year No Build 10[15 Bu ild 10[1 5 AM 2009 N/A N/A 2013 545 545 2020 1104 809 2225 1799 2040 1374 1055 2768 2143 PM 2009 N/A N/A 2013 545 545 2020 1846 791 2733 148 1 2040 2298 1113 3401 2184 Sound bound AM 2009 N/A N/A 2013 575 575 2020 1841 1030 2654 1627 2040 2251 1435 3303 2006 PM 2009 N/A N/A 2013 575 575 2020 1538 941 2388 1238 2040 1914 1340 2973 1816 Military Tr. & Kyoto Gardens Dr. Projected Traffic Comparisons AM-Military tr. n/o PGA No Build Build 2013 2020 2040 2020 2040 Southbound 1762 2898 3594 2453 3051 10/15 1617 1844 1434 1733 Northbound 816 2850 3549 2329 2899 10/15 1732 2089 1469 1723 AM-Military tr. n/o K~oto No Build Build 2013 2020 2040 2020 2040 Southbound 1592 2869 3570 2335 2905 10/15 1139 2021 890 1193 Northbound 759 2339 2911 1747 2174 10/15 1105 1304 866 999 AM -Military Tr. s/o Hood Rd. No Build Build 2013 2020 2040 2020 2040 Southbound 1155 2449 3049 2013 2504 10/15 1238 1536 988 1298 Northbound 1098 1965 2445 1707 2124 10/15 1074 1347 822 1030 PM -Military Tr. n[o PGA No Build Build 2013 2020 2040 2020 2040 Southbound 1659 2798 3481 2359 2909 10/15 1713 2022 1557 1800 Northbound 1189 3201 3862 2735 3402 10/15 1867 2126 1676 2042 PM-Military Tr. nlo Kioto No Build Build 2013 2020 2040 2020 2040 Southbound 1199 2295 2857 1905 2305 10/15 1230 1475 1034 1192 Northbound 1138 2668 3322 2251 2801 10/15 1284 1602 1063 1330 PM -Military Tr. slo Hood Rd. No Build Buil d 2013 2020 2040 2020 2040 Southbound 1200 1932 2404 1758 2187 10/15 1111 1332 1011 1193 Northbound 1107 2275 2830 2132 2655 10/15 974 1445 1033 1218 Kyoto Gardens Dr. Traffic from Military Tr. to the East AM -Off of Military Tr. -on to Kioto No Build Build 2013 2020 2040 2020 20 40 From South 73 370 461 442 550 10/15 171 201 210 248 From North 129 229 285 165 205 10/15 91 113 68 84 PM -Off of Military Tr. -on to Kioto No Build Build 2013 2020 2040 2020 20 40 From South 128 585 728 581 723 10/15 317 362 319 364 From North 45 40 so 40 so 10/15 21 25 21 25 Traffic from Kyoto Gardens Dr. on to Military Tr. AM -On to Military Tr. from Kioto No Build Buil d 2013 2020 2040 2020 2040 To South 288 252 314 218 271 10/15 252 314 218 249 To North 94 47 58 65 80 10/15 47 58 65 68 •. PM -On to Militarv Tr. from Kioto No Build Build 20 13 2020 2040 2020 2040 To South 506 298 370 260 323 10/15 298 370 260 323 To North 296 151 189 156 194 10/15 116 149 121 194 • Lower lnleBedion Delay • ticher lrr..er.actlon Delay -LowerV~i.re tricher Vclur,e ii@tdffii:\11 SR 9 / 1-95 at PGA Boulevard I Central Bcdevard Changes im Traffic Conditions Due to Interchange Project Develooment & Ervironmental Study-FM No. 413265-1-22-0l @:@;#I LEGEND No-Build Condition Build Condition [!] Round trip time in mirutes illlii¥5=Mi SR 9 / 1-95 at PGA. Boulevard / Central Boulevard Round Tri:> Time Comparison -1 Pr•ject Development & Ervironmenlal St•d) -FM No. "13265-1-22-01 L£GE'\ID No-3uild Dndition Buil:I Concltion [!] Ron trip time in ini"lutes Hi15t4ii#ii SR 9 / 1-95 at PGJ!. 3oulevard ,· Central loulevad Rou ,d Tr s: Time Comparison -2 P11>ject Oeveloprrent & &l .. ironmentals~•v -fM No. 4:32e5 -1-21-01 I LEGEND No-Build Condilioo Build Condition [!] Round trip time in mhi.tes I iitM@#lf#H SR 9 / 1-95 at PGA Boolevard I Central B•:>ulevard Round Trip Time Compcrison - 3 P11>j!ct Development Ii Enviro,mental ~udtf-FM 'IJ . 41:265-1-22-01 FDOJ'"~ .. a . L=GEND No-Bud Condit'on Buid Condition 0 Ro•n.:I trip time in minutes I UMldMUI SR 9 / 1-95 at PGA Bouleva-c I Central BoulEvard Rcu1cl Trip Time Co•parison -4 Project D=lop:l'Ed & E•vironmentalSll.dy -FM No. 4 :32165i -:-22-01 FDQ.Tl) a - LEGEND No-3uild Condiilm Bufj Conditior [!] RolWld trip time in mi,utes I iiM@tJ:ili#I ' SR 9 / 1-95 at PGA Bo•levard I Central Bwevard Round rr., Time Cc-nparison -5 PIOject DelOl!lopment r. Envi romiental Si'.wy -FM No. 4132!i5-:-21-01 FD~