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03-12-2020 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MARCH 12, 2020 501 U.S. HIGHWAY 1 7:30 PM Darryl C. Aubrey Mark Mullinix David B. Norris Susan Bickel Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk ROLL CALL INVOCATION – MAYOR AUBREY PLEDGE OF ALLEGIANCE – VICE MAYOR MULLINIX AWARDS AND RECOGNITION 1. Commendation to Coach Sam Budnyk 2. Proclamation - Village of North Palm Beach Professional Firefighters Local 2928 "Fill the Boot Days" APPROVAL OF MINUTES 3. Minutes of the Regular Session held 2/27/20 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS Regular Session Agenda, March 12, 2020 Page 2 of 178 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro-forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 4. RESOLUTION - Amending Resolution 2019-128 to provide for an alternate vendor for the installation of pool equipment at the Country Club and modify the cost. 5. Receive for file Minutes of the Environmental Committee meeting held 1/27/20. 6. Receive for file Minutes of the Planning Commission meeting held 2/4/20. OTHER VILLAGE BUSINESS MATTERS 7. RESOLUTION – COUNTRY CLUB POOL CHILLER, FENCING AND CEMENT PAD CONTRACT Approving a Contract with Spado Construction, LLC (d/b/a Spado Pool Construction) for the purchase and installation of a swimming pool chiller, fencing and cement pad in the amount of $64,107.64; authorizing execution of the Contract and approving a budget amendment to fund the purchase. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceeding s is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, CCM, General Manager DATE: March 12, 2020 SUBJECT: RESOLUTION – Amending Resolution No. 2019-128 to provide for an alternate vendor for the installation of pool equipment and increase the amount of the project by $600.00. Village Staff is requesting approval of the attached Resolution providing for a change in vendor and prices for the installation of pool equipment at the North Palm Beach Country Club originally approved by Resolution No. 2019-128. Resolution 2019-128 approved the installation of the equipment by Family Pools, Inc. at a cost of $6,900. Subsequent to the Council’s approval of the Resolution, the scope of work changed due to requirements and placement of the diving board anchor and dive-well ladder. Staff did not agree with the original vendor’s plan to paint the cement pad in lieu of re-installing pavers over the anchor pad. With the addition of the required swim-out ladder, the proposal exceeded the approved installation cost of $6,900. Staff solicited three quotes for the installation work, as revised. Staff is recommending changing the installation vendor to Volcano Pools, Inc., who provided the lowest quote of $7,500. Staff received two other proposals, one from Brosseit’s Pool Plumbing, Inc. in the amount of $10,350 and one from the Family Pools, Inc. (the original vendor) in the amount of $10,550. Account Information: Fund Department Account Number Account Description Amount Capital Projects Country Club Clubhouse Project K7600-66210 Construction and Major Renovation $7,500.00 The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council adoption of the attached Resolution amending Resolution No. 2019- 128 to change the vendor for the installation of pool equipment at the North Palm Beach Country Club pool from Family Pools, Inc. to Volcano Pools, Inc. at a cost of $7,500 (for a total project cost of $78,943.02), with funds expended from Account No. K7600-66210 (Country Club Clubhouse Project- Construction and Major Renovation), in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING RESOLUTION 2019-128 TO PROVIDE FOR AN ALTERNATE VENDOR FOR THE INSTALLATION OF POOL EQUIPMENT AT THE COUNTRY CLUB POOL AND MODIFY THE COST; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2019-128 on November 14, 2019, the Village Council approved the purchase of pool equipment from Lincoln Aquatics for the North Palm Beach Country Club pool at a cost of $71,443.02 and the installation of equipment by Family Pools, Inc. at a cost of $6,900 (for a total cost of $78,343.02); and WHEREAS, due to changes in the scope of work, the Village solicited new quotes for the installation of the equipment and recommended accepting the proposal from Volcano Pools, Inc. at a cost of $7,500; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby amends Resolution No. 2019-128 to provide for installation of the equipment at the North Palm Beach Country Club pool by Volcano Pools, Inc. at a cost not to exceed $7,500 (for a total project cost of $78,943.02), with funds expended from Account No. K7600-66210 (Country Club Clubhouse Project – Construction and Major Renovation). Section 3. All other parts of Resolution No. 2019-128, to the extent not expressly modified herein, shall remain in full force and effect. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK THE VILLAGE OF NORTH PALMBEACH 9ƒĻƓƷğƌ / ƚƒƒźƷƷĻĻ ƚƓŅĻƩĻƓĭĻ wƒ a W ЋА ЋЉЋЉЏʹЉЉ Ʀƒ 1. Callto Order 2. Roll Call: Present: Ellen Allen, Camille Carroll, Lisa Interlandi, Karen Marcus, Mary Phillips, Shawn Woods, Kendra ZellnerAlso Present: Vice Mayor Mullinix, Council Member Searcy, Jeremy Hubsch, Stephen Poh, Steve Hallock, Andy Lukasik 3. Ona motionby Allen, supportedby Interlandi, the Minutesof the November 21, 2019meeting were approved. 4. Public Comments: a. Discussion about any programsinthe Villageto accommodate electric cars. Committee suggestedthat staff evaluateany opportunities for grantsto install chargers, etc. 5. Discussion items: a. David Carson PBC ERM. Discussed the useof Anchorage Parknear the southendof the marinaforthe proposed oyster bed project. The Committee recommended that the Village Council support the implementationof the program at Anchorage Park. b. Council Member Searcy discussed Project Clean-Up, whichis scheduled for April 18. c. Staff reportedthat the Village was including the Anchorage Park Restoration Projectas part ofthe dry storage project. The Committee also discussed the useof Celsius, an herbicide, at the Villages parks and suggested that staff work with Precision Landscapingto developa workplan. d. Education i. : informationis being publishedinthe Newsletter the Committee askedthat the graphicsbe changedto haveit appear less likean ad. ii. Business Promotion: local hair salon using green practices. The Committee supports highlighting the business green practices. 1. The Committee also reported that there are few opportunitiesin Crystal Cove to place recycling bins. Requested staff address this during any upcoming plan reviews. iii. Speaker Series: Committee members are developing options for possible speakers. e. Urban Gardens. Model after Lake Park. Waiting fora response from Lake Park contacts. i. The Committee also suggested modelinga Tree City USA program similarto the one implementedin Lake f. Review ofproposed Commercial Landscape Code. TheCommittee asked that the latest draft be provided and reviewed atthe beginning ofthe next meeting. 6. Adjournment VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, FEBRUARY 4, 2020 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Jake Furlott, Member Kathryn DeWitt, Member Jonathan Haigh, Member Lori Rainaldi, Member Len Rubin, Village Attorney Paola West, Principal Planner Justin Revis, Planner Andrew Lukasik, Village Manager Not Present: Thomas Hogarth, Member Jeremy Hubsch, Community Development Director Council Member: David Norris, President Pro Tem I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. IA. ROLL CALL All members of the Planning Commission were present except Mr. Hogarth. II. APPROVAL OF MINUTES The Minutes of the January 7, 2020 Regular Meetings were approved as written. III. DELARATION OF EX PARTE COMMUNICATIONS There were no Ex Parte Communications declared by the Board. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING A. CERTIFICATES OF APPROPRIATENESS 1. COA 2019-2170: RJR ML LLC Façade Renovation Location: 210-212 US Highway 1 Request: An application submitted by Harry Seaman on behalf of RJR ML LLC requesting Certificate of Appropriateness (COA) approval for building façade renovations. Minutes of Village Planning Commission Regular Meeting held on February 4, 2020 2 Mrs. West presented the Staff report and recommendation. The applicant is requesting approval of façade renovations to an existing consignment building. The applicant proposes to remove the existing canopy, install sconces, repaint the exterior front, install new store finishes, and fill in an existing window. The existing building color is white, with a blue colored aluminum awning. The proposed building color will be “Extra White” (Sherwin Williams SW-7006) with an accented portion of the façade to be Porcelanosa “Jersey Mix”. All awnings, door frames, and window frames will be painted “Tricorn Black” (Sherwin Williams SW 6258) along with a band at the top of the façade in “Grizzle Gray” (Sherwin Williams SW 7068). The sign concept for the complex is not finalized and will be submitted separately for review by the Planning Commission at a later date. Staff requests the Commission include the following condition(s) as a part of their order: 1. Obtain a permit for the proposed awning as approved herein. Victor Flores, Paramount Construction Specialists, Inc., 6671 W. Indiantown Rd., Jupiter, was present to represent the project. The Planning Commissions discussion included whether the porcelain material is rated for outdoor use; whether the Papa John’s Pizza is attached to the property; whether the planter in front will be removed; whether the signage will be approved separately; and whether the soffit will wrap around the building, and overall favorable comments on the updated façade. Motion: Mr. Solodar moved to approve the application with Staff’s recommendation that a permit be obtained for the project. Mr. Furlott seconded the motion, which passed 6-0. V. ADMINISTRATION MATTERS A. Preliminary copies of the FIRM and FIS report available now at https://www.fema.gov/preliminaryfloodhazarddata a) 1st Public Open House meeting tentatively scheduled for today, February 4, 2020 at the Mary V. McDonald-Wilson Center (1505 N. Australian Avenue, West Palm Beach, FL 33401) from 4-7pm. b) 2nd Public Open House tentatively scheduled for tomorrow, Wednesday February 5, 2020 at Mary V. McDonald-Wilson Center (1505 N. Australian Avenue, West Palm Beach, FL 33401) from 9am-12pm. B. Staff Updates – Staff will be attending the 2nd Public Open House of the FIRM and FIS report on February 5th. C. Commission Member Comments: None VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 6:40 P.M. Minutes typed by Jane Lerner VILLAGE OF NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, Country Club General Manager DATE: March 12, 2020 SUBJECT: RESOLUTION – Approval a Contract with Spado Construction, LLC (d/b/a Spado Pool Construction) for the purchase and installation of a swimming pool chiller, fencing and cement pad at a cost of $64,107.64 (with a total project budget of $71,000) and approving a budget amendment to fund the purchase utilizing CIP Funds. Village Staff is requesting Village Council approval to accept a proposal from Spado Construction, LLC (d/b/a Spado Pool Construction (“Spado Construction”)) to furnish a new commercial pool cooling system to be delivered and installed at the North Palm Beach Country Club aquatics facility. The cost of this contract shall not exceed $64,017.64, and includes the removal and disposal of the existing fence, the supply and installation of a new concrete pad, the supply and installation of a new chiller, and the supply and installation of a new aluminum white picket fence around all of the equipment. The equipment requested is recommended for commercial pools from 450,000 to 600,000 gallons to provide consistent and regulated pool water temperatures year-round. Spado Construction provided the Village with the lowest bid for the scope of work in the amount of $64,107.64. The Village received only one other response to the Invitation to Bid (the ITB was issued prior to the adoption of the Village’s amended purchasing policy guidelines which increased the threshold for an ITB to $100,000). It was submitted by Family Pools in the amount of $102,400. Staff contacted Spado Construction’s references and found them to be qualified to complete the work. Village Staff believes that, through the ITB process, the Village is obtaining the pool equipment at a competitive price. Additionally, Staff is seeking to add $6,892.36 for contingency, for a total project budget of $71,000. Funding Source (CIP): During the FY2020 budgetary process, a total of $50,000 was budgeted for a pool chiller utilizing “General Revenues” within the five-year Capital Improvement Plan. The project includes the purchase and installation of a chiller for the pool to address the frequent complaints received during the summer months regarding the water temperature. The “General Revenue” funds for capital items are held in the Village’s CIP fund and transferred to the project account when a contract is awarded. Additional Funding Source: To fund the balance of the total project cost ($21,000), Village Staff proposes to use savings from the Evidence Room Project. The budget for this project was $100,000, but the actual cost was $75,421, resulting in a savings of $24,579. Budget Amendment: The following budget amendment below utilizes $50,000 in CIP funds and $21,000 from savings in the Evidence Room project for the Pool Chiller project: Budget Amendment: Account Description Use Source Capital Projects Fund: K8051-66490 Pool – Machinery & Equipment $71,000 K5710-66200 Public Safety Building 21,000 K5541-66000 Reserve Expenses - Capital 50,000 Total Capital Projects Fund: $71,000 $71,000 The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and adoption of the attached Resolution approving a Contract with Spado Construction, LLC d/b/a Spado Pool Construction for the purchase and installation of a swimming pool chiller, fencing and cement pad at a cost of $64,107.64 (with a total project budget of $71,000), with funds expended from Account No. k8051-66490 (Pool – Machinery and Equipment), authorizing the Mayor and Village Clerk to execute the Contract and approving a budget amendment for the use of CIP Funds in accordance with Village policies and procedures. RESOLUTION 2020-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO SPADO CONSTRUCTION, LLC D/B/A SPADO POOL CONSTRUCTION FOR THE PURCHASE AND INSTALLATION OF A SWIMMING POOL CHILLER, FENCING AND CEMENT PAD AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; APPROVING A BUDGET AMENDMENT TO TRANSFER $50,000 FROM THE CAPITAL PROJECTS FUND ACCOUNT AND $21,000 FROM THE PUBLIC SAFETY BUILDING CAPITAL ACCOUNT TO THE POOL – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT TO PROVIDE FUNDING FOR THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued an Invitation to Bid for a Commercial Pool Cooler System (including the purchase and installation of a chiller, concrete pad and fencing) at the North Palm Beach Country Club; and WHEREAS, the Village received two bids in response to the to the ITB, and Village Staff recommended accepting the lowest, most qualified bid proposal submitted by Spado Construction, LLC d/b/a Spado Pool Construction; and WHEREAS, the Village wishes to transfer $50,000.00 from the Capital Projects Fund and $21,000 from the Public Safety Building Capital Account to provide the necessary funding for this project; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Contract with Spado Construction, LLC d/b/a Spado Pool Construction for the purchase and installation of a swimming pool chiller, fencing and cement pad in the amount of $64,017.64, with funds expended from Account No. K8051-66490 (Pool – Machinery and Equipment). Including contingency, the total project budget shall be $71,000.00. The Village Council further authorizes the Mayor and Village Clerk to execute a contract for such services, a copy of which is attached hereto and incorporated herein. Section 3. In order to appropriate funds for this project, the Village Council hereby approves the following budget amendment and authorizes and directs the Mayor and Village Clerk to execute the budget amendment for and on behalf of the Village of North Palm Beach: Budget Amendment: Account Description Use Source Capital Projects Fund: K8051-66490 Pool – Machinery & Equipment $71,000 K5710-66200 Public Safety Building 21,000 K5541-66000 Reserve Expenses - Capital 50,000 Total Capital Projects Fund: $71,000 $71,000 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Contract 1 CONTRACT This Contract is made as of the _______ day of _____________, 2020, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and SPADO CONSTRUCTION, LLC, a Florida limited liability company d/b/a SPADO POOL CONSTRUCTION, hereinafter referred to as the CONTRACTOR, whose Federal I.D. No. is 82- 4931882 In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the Invitation to Bid for a new Commercial Pool Cooler System and as further stated in CONTRACTOR’s Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the Proposal Documents referenced therein in accordance with the Bid Proposal (hereinafter referred to as “Work”), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon receipt of Purchase Order. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR no later than May 1, 2020. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR’s request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR’s failure to perform was without it or its subcontractor’s fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE’s rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, Contract 2 disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Village General Manager. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR’s Bid Proposal in response to the ITB. The total and cumulative amount of this Contract shall not exceed Sixty-Four Thousand One Hundred and Seven Dollars and Sixty- Four Cents ($64,107.64). B. CONTRACTOR shall invoice the VILLAGE on the form provided as Exhibit “A” and include such information as requested in Exhibit “A”. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Work shall be invoiced when the Commercial Pool Cooling System is installed and accepted by the VILLAGE’s representative. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. If the VILLAGE disputes an y invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. Contract 3 B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. ARTICLE 7. TERMINATION. A. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker’s Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Contract 4 ARTICLE 10. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party h ereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. An y and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in ad dition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR’s sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. Contract 5 ARTICLE 15. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 16. AUTHORITY TO PRACTICE. The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the Work under this Contract, and that it will at all times conduct its business and provide the Work under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE’s representative upon request. ARTICLE 17. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused b y the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. CONTRACTOR shall comply with the VILLAGE’s safety rules, a copy of which are attached hereto as Exhibit “B” and incorporated herein. C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged due to his delivery of the trailer(s). The CONTRACTOR shall return all swale areas back to their original condition, including, but not limited to, repairing broken sprinklers, filling in ruts caused by the delivery, and replacing damaged grass. Contract 6 ARTICLE 19. PRECAUTIONS/COORDINATION WITH CURRENT ACTIVITIES. The CONTRACTOR shall conduct his operations in accordance with the Village’s General Manager, who will provide direction on site to ensure coordination with the Country Club activities. ARTICLE 20. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Andy Lukasik, Village Manager 951 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Spado Construction, LLC Attn: Patrick Runkewich, General Manager 1334 South Killian Drive, Suite 3 Lake Park, FL 33403 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. Contract 7 ARTICLE 23. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. ARTICLE 24. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 25. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and other contract documents referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 27. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 28. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 29. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: 1. The filing of a lien by any sub -CONTRACTOR, sub-contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a Contract 8 court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any such default. ARTICLE 30. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of ten (10) years following delivery and acceptance of the system(s), subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period of ten (10) years, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. ARTICLE 31. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES. Time is of the essence in all respects under this Contract, and the parties agree that the V ILLAGE will suffer financial loss if the work contemplated herein is not completed within the time specified, including any authorized extensions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the VILLAGE if the work is not completed on time. Accordingly, instead of requiring any such proof, the VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. Contract 9 ARTICLE 32. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 34. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 35. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Contract 10 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: Print Name: Title: _____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ MAYOR ATTEST: BY: ________________________________ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY 1 EXHIBIT “A” INVOICE FORM Invoice to be standard invoice provided by CONTRACTOR referencing the purchase order number and describing what the payment covers. 2 EXHIBIT “B” North Palm Beach Safety Rules 1. CONTRACTOR shall meet with General Manager to schedule the date for delivery and installation to begin. 2. CONTRACTOR shall check-in at the General Managers office prior to beginning Work on site. 3. The following list is provided as a reference to the CONTRACTOR: 4. CONTRACTOR agrees to follow North Palm Beach clean-up procedures. A. The Contractor shall, on an on-going basis or at the direction of the General Manager, keep the Project site and surrounding area free from accumulation of waste materials, debris or rubbish caused by performance of the Contractor's Work. 5. CONTRACTOR shall agree to coordination of work as directed by General Manager A. Work will be sequenced to allow other trades access to the work prior to the completion of this scope. B. To avoid conflicts, Contractor shall work in cooperation with all other subcontractors to coordinate Contractor’s Work with the work of others to establish routes, entrances, and elevations for their installations and other installations. Even with such cooperative and coordination efforts, should a conflict occur, General Manager will be the final arbitrator of conflict resolution and General Manager decision shall be final. Contractor hereby agrees to abide by such decision and make any changes necessary to eliminate such conflicts without additional cost of expense to Owner. C. Contractor shall furnish all required submittal drawings, mix designs, PE stamps, samples, warranties etc., as required for this scope of work by specification if applicable. D. Contractor shall maintain accurate, up-to-date “as-built” drawings during construction. Contractor shall dimension all concealed connections to wall intersections. Contractor shall submit “as-builts” and warranties prior to substantial completion. Contractor shall submit final “as-built” documents in hard copy (4 copies) to the General Manager. PDF format is acceptable. E. Any sediment or erosion control measures disturbed during the execution of this Agreement will be repaired/replaced by Contractor at Contractor’s expense. F. Contractor shall construct all work to be within the more stringent of the applicable codes and standards or the Contract Documents. G. Contractor understands that the existing North Palm Beach Country Club facility 3 shall remain occupied/operational and fully functional during the project. Any disruption or damage to the existing utilities or systems caused by Contractor shall be treated immediately as an emergency repair at no additional cost. H. Normal work hours are 8:00 a.m. to 8:00 p.m., Monday through Friday, Saturday work hours are 10:00 a.m. to 8:00 p.m., No Sunday work or work on Holidays unless by special permit. Contractor may establish other work hours, as necessary, with permission from General Manager. 6. CONTRACTOR shall agree to abide by the parking requirements as follows: A. Minimal parking for company vehicles will be in a small designated area as directed by the General Manager depending on the phase of the project. Personal vehicles will not be permitted on site. A designated parking area may be provided if space allows. All parking off-site shall be in compliance with the Village of North Palm Beach requirements. Those cars allowed on the North Palm Beach Country Club property must enter through the main entrance off US-1. B. All other vehicles will be required to park in other areas as designated by the General Manager. It is the responsibility of the Contractor to enforce compliance of these parking regulations with their employees. C. Violators of this policy will be towed at the Contractor’s expense. 7. CONTRACTOR shall take all necessary safety precautions with respect to performance of the Contractor’s Work and shall comply with applicable safety measures and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property. 8. CONTRACTOR agrees and acknowledges that it has assumed full responsibility and liability for safety precautions in connection with the construction means, methods, techniques, sequences, supervision and procedures pertaining to Contractor's Work. A. Reporting Injuries All accidents or injuries deemed Recordable, Lost Time or Restricted by OSHA, or non-injury incidents resulting in property damage or high potential for severe injury shall be reported immediately to the Weitz Project Superintendent, giving full details and identifications and statements of any witnesses. The Contractor shall be responsible for completing a written injury and/or incident investigation and providing such report to the Weitz Project supervision in a timely manner. B. Excavations Excavations must be sloped, shored or shielded, and must meet all other OSHA requirements. Before digging in any location, the Contractor must check to ensure that all underground utilities have been located and properly marked. C. Housekeeping Contractor shall maintain good housekeeping in and around its Work areas at all times. Stack materials so that safe clearances are maintained and falling is 4 prevented. Keep all walkways and aisles clear. Place cords and air hoses to one side to allow safe passage. Remove loose overhead material, dispose of garbage and remove oil and water spillage. Immediately remove or bend over nails protruding from lumber. Secure all stored or loose materials (especially on roof) to prevent it from becoming airborne. D. Illumination All of Contractor's Work areas shall be properly illuminated at all times. E. Ladders Contractor shall train its employees in the safe use of ladders and scaffolding as required. Defective ladders and scaffold components shall be tagged and removed from service. F. Tools and Equipment Tools, equipment, trucks, loaders, backhoes, cranes and forklifts shall be used, operated and maintained properly to prevent injury. No Contractor employee shall operate any equipment unless specifically authorized and trained to do so. Powder- actuated tools require certified training before use. Power tools shall be operated only by authorized personnel and with guard’s in-place. Hand tools such as hammers and chisels shall be properly used and maintained. All slings, choker and rigging equipment shall be free of defects. All hooks must have safety latches or keepers. Taglines shall be used to control loads when their use does not create an additional hazard. Tampering with or unauthorized use or removal of fire extinguishers from assigned locations is prohibited. All of Contractor's tools and equipment must be inspected daily by Contractor before use. Damaged tools shall be tagged "DO NOT USE" and removed from service immediately. Documentation of training and inspections shall be provided to Weitz upon request. G. Unsafe Acts Contractor's employees who report for work under the influence of intoxicants or narcotics or engage in the consumption of them on the Project site will be removed from the Project site. Contractor's employees who engage in horseplay, fistfights, unsafe acts, whistling, yelling at the public or obscene gestures will be removed from the Project site. Weapons of all types, including firearms, are strictly forbidden on the Project site. H. Equipment Usage The Contractor agrees to bring all equipment needed to perform the Work on this project and not utilize any equipment at the site that belongs to others. I. Project Site Communications Contractor shall have on site at all times a supervisor (or multiple supervisors if required by crew size) that is able to speak, understand and communicate in English all job site safety and contractual requirements, obligations and responsibilities to Contractor's workers and employees. J. Site Authority The General Manager. shall be the final authority on all issues pertaining to site use, storage, safety issues, working space, parking, coordination among trades, and 5 all other common area site issues, and Contractor agrees to comply with all of General Manager decisions, rules and directives pertaining thereto. K. Protection of Materials and Equipment Contractor shall protect all material and equipment, which has not yet been incorporated into the Project. Where installed materials or equipment is subject to weather damage, Contractor shall provide protection until the Project is sufficiently complete to avoid damage. LL 0 vi s.. U) t ) CL W occ OozNONCc i W 0 W. ui a' Hh OZ Z LV W'. J m M O 00 LLJ , cz 0 T N 0 z V o C/ 5 J W UJ C/) E If LL 0C~ 0M r++ U i J M N O . cMLL t U YN cu W O co a E Cl) CUQ' cM C/) J LU i WU) cu 0 Q c c : E ca0 Lo L- V O Ll O E- C 0 Z n N a Q W 4 E N C 0 L vJ E< Q 0s( 0) Co UUJ Drn A! 6 1 U E 0 N Fu N N N 0 E . Q VILLAGE OF NORTH PALM BEACH INVITATION TO BID FOR Commercial Pool Cooler System Bidder: Spado Pool Construction, LLC Proposal #022-20 February 17th, 2020 VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FL 33408 ADVERTISEMENT, INSTRUCTION, SPECIFICATIONS, GENERAL TERMS AND CONDITIONS z INVITATION TO BID The Village of North Palm Beach will be receiving sealed bids for the Purchase of a Commercial Pool Cooler System. Sealed bids (one original and one copy) will be received by the Village Clerk's Office at 501 U.S Highway One, North Palm Beach, Florida 33408 until 2:30 P.M. EST on February 18, 2020. Any bids received after the time specified will not be accepted and shall be returned unopened to the Bidder. All bids will be publicly opened and read aloud in the Village Hall Conference Room. A mandatory Pre -Bid meeting will be held at the North Palm Beach Country Club, 951 U.S. Highway One, North Palm Beach, Florida 33408 on Thursday, February 6, 2020 at 10:00 A.M. Failure to attend the mandatory Pre -Bid meeting shall be cause for the rejection of any bid proposal. The Invitation to Bid is open to inspection and may be obtained at Village Hall, 501 U.S. Highway One, North Palm Beach, Florida 33408, on DemandStar or on the Village's website: www.village=tlpb.org. No offer may be withdrawn for a period of ninety (60) days after the scheduled closing date for the receipt of bids except as otherwise provided in the Instructions to Bidders and Terms and Conditions. The Village of North Palm Beach will not be responsible for any expenses incurred in connection with the preparation and/or delivery of a bid. The Village of North Palm Beach reserves the right to reject any or all bids, to waive technicalities, and to re -advertise. The award, if made, will be made to the lowest qualified bidder meeting all specifications, terms and conditions and whose bid is determined by the Village, in its sole discretion, to be most advantageous. VILLAGE OF NORTH PALM BEACH, FLORIDA Andrew Lukasik, Village Manager INSTRUCTIONS TO BIDDERS AND TERMS AND CONDITIONS GENERAL INFORMATION The Bid Documents consist of: 1. Invitation to Bid; 2. Instructions to Bidders and Terms and Conditions; 3. Scope of Work/Specifications 4. Contractor's Affidavit to Owner 5. Drug Free Workplace Certification; 6. Sworn Statement on Public Entity Crimes; 7. Scrutinized Vendor Certification; 8. Bid Proposal Form; 9. Standard Contract; 10. Any Addenda issued prior to the date designated for receipt of bids. Complete sets of the Bid Documents shall be used in preparing the submitted Bid. The Village of North Palm Beach ("Village") does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. The Bid Proposal Form is to be filled in, signed, and all required documents are to be placed in a sealed envelope bearing the words "Commercial Pool Cooler System" on the outside and mailed or hand -delivered to the Village Clerk on or before the specified time and date. Each Bidder shall submit one (1) original and one (1) copy of its Bid. It is the Bidder's sole responsibility to ensure that its Bid is received by the Village Clerk on or before the closing date and time. The Village shall in no way be responsible for delays caused by any other occurrence. Bids submitted by telephone, telegram or facsimile will not be accepted. The bid opening time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Such bids shall be returned unopened. All bids must be typewritten or filled in with pen and ink. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed or the signature attested to by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. All corrections made to the bid price must be initialed. Bidders shall not be allowed to modify their bids after the opening time and date. Pursuant to Section 119.071(1)(b)2, Florida Statutes, sealed bids remain exempt from public disclosure until such time as the Village provides notice of its intended decision to accept a Bid Instructions 1 or for thirty (30) days after opening, whichever is earlier. The submission of a bid shall constitute an incontrovertible representation by the Bidder that the Bid Documents and Contract are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the requested services. For information concerning this Invitation to Bid, please contact: Beth Davis, CCM General Manager, North Palm Beach Country Club Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 561-296-1060 All questions must be submitted in writing by e-mail to bdavis@village-npb.org at least five 5) days prior to the bid opening. ACCEPTANCE/REJECTION The Village reserves the right to accept or to reject any or all bids in whole or in part, with or without cause, to waive any informalities and technicalities and to make the award to the Bidder, who in the sole opinion of the Village, is the lowest responsive, responsible Bidder and whose Bid will be most advantageous to the Village. The Village reserves the right to reject the Bid of any Bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The Village reserves the right to re -issue the Invitation to Bid. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the Bid Response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid, whether submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the terms and conditions in this Invitation to Bid solicitation are the only conditions applicable to the Bid and the Bidder's authorized signature affixed to the Bidder's proposal form attests to this. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid Documents. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Bids will be given consideration. All such changes and interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Bidders prior to the established Bid opening date. Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of addenda. All addenda are a part of the Bid Documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all addenda issued before Bids are opened. No authorization is allowed by Village personnel or the Village Engineer to interpret, or give information as to Bid requirements in addition to that which is contained in the written Bid document and addenda. Instructions 2 CONTRACTUAL AGREEMENT All terms and conditions of the Bid Documents shall be included and incorporated in the Standard Contract, a copy of which is included in the Bid Documents. The order of contract precedence shall be the Contract and then Bid Documents and Bid Response. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County and the Contract will be interpreted according to the laws of Florida. FEDERAL AND STATE TAX The Village is exempt from Federal and State taxes for tangible personal property. However, vendors or contractors doing business with the Village shall not be authorized to use the Village's Tax Exemption Number in securing materials for performance of the work associated with this Project. LEGAL REQUIREMENTS A person or affiliate who has been placed on the convicted vendor 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, subcontractor, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. VARIANCRS, The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications for the Contract being proposed. For purposes of bid evaluation, Bidders must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the bid, the Village shall construe the Bid to fully comply with the specifications, terms and conditions as given herein. The Village will award the bid to the lowest and best responsive responsible bidder in its sole determination. Time is of the essence on this project due to the coordination with the Construction Project Schedule. Therefore, the contract is expected to be awarded at the March 26, 2020 Council Meeting. Successful bidder should be prepared to begin processing order upon receipt of Purchase Order. Delivery and installation are to be completed no later than May 1, 2020. BID WITHDRAWAL Any bid may be withdrawn up until the time set for opening of the bids. Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer to sell to the Village the goods or services set forth in the attached specifications until one or more of the bids have been duly accepted by the Village. Instructions 3 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the Village and promptly demonstrates to the reasonable satisfaction of the Village that there was a material and substantial mistake in the preparation of his/her Bid, that Bidder may withdraw his/her Bid. Thereafter, that Bidder will be disqualified from further bids on the work. CERTIFICATION When applicable, vendor must hold Certificate of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board and a current Business Tax Receipt. Copies of such Certificate and Receipt must be submitted with the Bid and must be in the name of the vendor shown on the Bid Proposal page. NON -APPROPRIATIONS The obligations of the Village to make a Bid award and execute a Contract under the terms of this "Invitation to Bid" are contingent upon funds lawfully appropriated for this purpose. Should funds not be appropriated for this purpose, the Village, at its sole discretion, shall have the right to reject all bids. In filling out bid forms, Bidders shall be governed by the following provisions. A) Bids must be made on the blanks provided herewith. B) Bid amount shall be shown in words and figures. C) Any bid which in any manner fails to conform to the condition of the published notice may be rejected. D) Bids must be signed in ink by the Bidder with the signature in full. E) Bids that contain any omission, erasure, alteration, addition or item not called for, or that show irregularities of any kind, will be considered as informal or irregular. This will constitute cause for the rejection of the Bid. F) If a Bidder wishes to change prices, they shall strike the price and add the changes in the appropriate space. Changes shall be initialed by the person submitting the bid. Any changes or alteration of prices in the bid must be initialed. Failure to initial these changes or illegible entries or corrections or prices may be cause for the rejection of the bid as informal or irregular. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsible Bidder, qualified by experience to provide the goods and services specified. Each Bidder shall submit the following information with its bid or within three days of request: A) Evidence of current status as authorized dealer to sell and install the commercial pool Instructions 4 cooler system offered. B) Evidence of valid state, county and local licenses and receipts proving authority to conduct business in the jurisdiction of the work. C) Evidence that manufacturer offered has been in this business for five (5) consecutive years or more. Failure to submit the above requested information may be cause for rejection of the Bid. SITE ACCESS AND DUTIES For the performance of the contract, the contractor will be permitted to occupy such portions of Village property as permitted by the owner or its representative or as necessary to complete requested services. He shall leave the site of work in a neat and orderly condition equal to that which originally existed. REGULATIONS, PERMITS AND FEES The selected Bidder must comply with all Federal, State and local laws and regulations that may apply. INSURANCE REQUIREMENTS A) Prior to the approval of the Contract, the selected Bidder shall provide to the Village certificates evidencing insurance coverage in the minimum amounts as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The certificates shall clearly indicate that the selected Bidder has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the Village. Failure to comply with the foregoing requirements shall not relieve the selected bidder of its liability and obligations under a resulting contract. B) The selected Bidder shall maintain, during the life of a resulting contract, commercial general liability, including contractual liability insurance, in the amount of $1,000,000 per occurrence or $2,000,000 in aggregate to protect the selected Bidder from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under a resulting contract, whether such operations be performed by the selected bidder or by anyone directly employed by or contracting with the selected bidder. C) The selected Bidder shall maintain, during the life of a resulting contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the selected bidder from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the selected bidder or by anyone directly or indirectly employed by the selected Bidder. D) The parties to the resulting contract shall carry Workers' Compensation Insurance and Instructions 5 Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the other party. E) All insurance, other than Worker's Compensation, to be maintained by the selected bidder shall specifically include the Village as an Additional Insured. CONE OF SILENCE This Invitation to Bid is expressly subject to the Cone of Silence provisions of Section 2-355 of the Palm Beach County Code of Ordinances. Any contract entered into in violation of the cone of silence provisions shall render the transaction voidable. NON -COLLUSION By submitting a Bid, each Bidder affirmatively represents that neither the Bidder nor any of its officers, partners, owners, agents, representatives or employees have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder to submit a collusive or sham Bid or have in any manner directly or indirectly sought by agreement or collusion to fix the prices of the Bid or to secure through any agreement or collusion any advantage. The prices quoted in the 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, or employees. Instructions 6 SCOPE OF WORK/SPECIFICATIONS The Village of North Palm Beach is requesting bids for a new Commercial Pool Cooler System to be delivered and installed at 951 U.S. Highway One, North Palm Beach, Florida 33408. The installation must be coordinated with the Village's General Manager, Beth Davis. The Village is currently estimating to be ready for this system installation in April 2020 with completion scheduled to be no later than May 1, 2020. DESCRIPTION New Commercial Pool Cooler System. Glacier Model GPC2100 Commercial Pool Cooler or equivalent. A. Sized to reduce a 600k+ gallon pool by 10 —15 degrees F. B. 300 GPM nominal water flow; 4" influent/effluent connection. C. Fan Motor 2 HP, 230/ 440/480V, 3 phase. D. Thermostatic Temperature Controls. E. Concrete Pad Size 12' x 12'x 4" F. Concrete Pad Fencing, to match current fence, with hinged door access north and south side of pad G. Complete all MEP (mechanical, electrical and plumbing) installation H. Complete Labor schedule for demolition, removal, grading, installation and clean-up INSTALLATION A. General: Follow all manufacturer's documented instructions and procedures for installation of Pad and Commercial Pool Cooler System and in compliance with local building codes. FIELD QUALITY CONTROL A. Verify Commercial Pool Cooler System is working to optimal specifications. B. Replace components that are scratched, dented, or damaged in any manner with new items from the manufacturer. Surface scratches may be touched up but repair must be complete and undistinguishable. Scope of Work 1 CLEANING A. Upon completion of installation, clean all components and surfaces. Cover to protect from dust and environmental fallout as a result of other work continuing in the surrounding area. Remove all packaging material and debris that accumulated as a result of the installation immediately upon completion. Leave area of installation neat, in broom clean condition, and ready to present to appropriate persons. DEMONSTRATION AND TRAINING A. Schedule and conduct demonstration of the commercial pool cooling system. Review all safety features and proper operation with owner's personnel. Review any additional features or points of interest as appropriate. B. Schedule and conduct maintenance training with owner's maintenance personnel. Training session should include a full operation demonstration and all preventative maintenance and minor repair procedures for the commercial pool cooling system that they would normally be expected to perform. PROTECTION A. Protect system against dirt and damage during remainder of construction period. Recommend to owner of any additional precautions needed to ensure that system will remain unharmed during balance of construction in surrounding area. Successful CONTRACTOR is to verify all dimensions and review space available for placement of the concrete Pad and fencing with the Village's Representative prior to installation of the system. Bidder must read and consider all information in Bid Documents in addition to the information contained in this Section of the Bid. Scope of Work 2 BID PROPOSAL FORM Bid Proposal of Spado Pool Construction, LLC to furnish a new Commercial Pool Cooling System delivered and installed at 951 U.S. Highway One, North Palm Beach, Florida as set forth in the Bid Documents. All Bid Proposals shall include all sales taxes, all other applicable fees, and all requirements of the Bid Documents. The undersigned Bidder has carefully examined the Bid Documents and the site(s) of the proposed work. The undersigned is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to do all the work and furnish all materials called for by the Bid Documents, in the manner prescribed therein and to the standards of quality and performance established by the Village of North Palm Beach, for the total lump sum price and within the time period designated in the spaces provided below: TOTAL AMOUNT OF BID 64,107.64 Written Out: Sixty Four Thousand One Hundred Seven Dollars andSixty FourCents. Bidder Note: Permits will be submitted to the Village at Owner's Cost. MANUFACTURER OFFERED: Glacier Pool Coolers, LLC, Model#GPC-2100 as specified. SUBMITTALS A. Product Data: Submit manufacturer's product literature and installation instructions. B. Drawings: Provide dimensional layout of complete system offered C. Warranty: Submit a copy of manufacturer's warranty. D. Maintenance Data: Provide manufacturer's operation manual, maintenance and care instructions, and instructions for care and cleaning of the finish. E. Reference List: Provide list of recently installed similar type pool cooler installations. F. A list shall be submitted of all specification deviations with a complete description of each. TIME FOR COMPLETION: The Bidder warrants that they can deliver and install the Commercial Pool Cooler System as offered in April 2020 with installation completed no later than Mayl, 2020 and as directed by the Village Manager. 2 Signature Patrick Jay Runkewich Print Name General Manager 2/ 17/2020 Title Date 1334 South Killian Drive, Suite 3, Lake Park, FL 33403 Address N/A Fax Number sales@spadopools.com E-mail Address Proposal Form 1 561-822-7227 Phone Number DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or proposals which are equal with respect to price, quality, and service are received by any political subdivision for the procurement of commodities or contractual services, a bid or proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid or proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. q -"-q +-, Bidder's ignature Drug Free Workplace SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by Patrick Jay Runkewich, General Manager print individual's name and title) for Spado Pool Construction, LLC print name of entity submitting sworn statement) whose business address is 1334 South Killian Drive, Suite 3, Lake Park, FL 33403 and (if applicable) its Federal Employer Identification Number (FEIN) is: 82-4931882 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal Sworn Statement 1 power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature) T e foregoing dwas sworn and sub ed before me this day of 2020 b=LC-_&%&_ roduced teary Pu > Ic YP•., • My Com fission Expire ` JANET SADOW Commission # GG 303864 oP.c' Expires M ' arch 10 2023fit",.••' Bonded 1hru Troy Fain Insurance 800.386.7019 Sworn Statement 2 SCRUTINIZED VENDOR CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES This sworn statement is submitted to the Village of North Palm Beach, Florida by Patrick Jay Runkewich, General Manager print individual's name and title) for Spado Pool Construction, LLC print name of entity submitting sworn statement) whose business address is 1334 South Killian Drive, Suite 3, Lake Park, FL 33403 and (if applicable) its Federal Employer Identification Number (FEIN) is: 82-4931882 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 1. I hereby certify that the above-named entity: A. Does not participate in the boycott of Israel; and B. Is not on the Scrutinized Companies that Boycott Israel List. 2. If the Contract for goods and services is for more than $1,000,000, I hereby certify that the above-named entity: A. Is not on the Scrutinized Companies with Activities in Sudan List; and B. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and C. Has not engaged in business operations in Cuba or Syria. Section 287.135, Florida Statutes, prohibits the Village from: (1) contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and (2) contracting with companies, for goods or services over $1,000, 000 that are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes or is engaged in business operations in Cuba or Syria. Scrutinized Vendor Certification 1 As the person authorized to sign on behalf of the above-named entity, I hereby certify that the statements set forth above are true and that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees and/or costs. I further understand that any contract with the Village for goods or services may be terminated at the option of the Village if the compan as been found to have submitted a false certification. Signat r The foregoing docu t5 At wa and subscr' efore me this day of 2020 b ; whois personally >rnr_t or produced as i e i SPY p., JANET SADOW dl.l • •A. CO mmisslon # GG 303864 N Expires Wrch 10, 2Uis •''„ P, oe. Bonded Thru Troy Fain Insurance 800.388.7019osf My Commission pires: Scrutinized Vendor Certification 2 CONTRACT This Contract is made as of the day of , 2020, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and a corporation or partnership authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the Invitation to Bid for a new Commercial Pool Cooler System and as further stated in CONTRACTOR's Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the Proposal Documents referenced therein in accordance with the Bid Proposal (hereinafter referred to as Work"), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon receipt of Purchase Order. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR no later than May 1, 2020. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR's request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or its subcontractor's fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, Contract 1 disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village General Manager. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR's Bid Proposal in response to the ITB. Contract shall not exceed CONTRACTOR in accordance with The total and cumulative amount of this B. CONTRACTOR shall invoice the VILLAGE on the form provided as Exhibit "A" and include such information as requested in Exhibit "A". Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE's representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Work shall be invoiced when the Commercial Pool Cooling System is installed and accepted by the VILLAGE's representative. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off -set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. Contract 2 B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with ora cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor -shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. ARTICLE 7. TERMINATION. A. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten 10) days written notice to the CONTRACTOR. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE's Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Contract 3 ARTICLE 10. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. Contract 4 ARTICLE 15. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 16. AUTHORITY TO PRACTICE. The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the Work under this Contract, and that it will at all times conduct its business and provide the Work under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE's representative upon request. ARTICLE 17. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE's property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. CONTRACTOR shall comply with the VILLAGE's safety rules, a copy of which are attached hereto as Exhibit `B" and incorporated herein. C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged due to his delivery of the trailer(s). The CONTRACTOR shall return all swale areas back to their original condition, including, but not limited to, repairing broken sprinklers, filling in ruts caused by the delivery, and replacing damaged grass. Contract 5 ARTICLE 19. PRECAUTIONS/COORDINATION WITH CURRENT ACTIVITIES. The CONTRACTOR shall conduct his operations in accordance with the Village's General Manager, who will provide direction on site to ensure coordination with the Country Club activities. ARTICLE 20. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: General Manager 951 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof', hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. Contract 6 ARTICLE 23. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. ARTICLE 24. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 25. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and other contract documents referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 27. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 28. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 29. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: 1. The filing of a lien by any sub -CONTRACTOR, sub -contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in Contract 7 a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any such default. ARTICLE 30. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of ten (10) years following delivery and acceptance of the system(s), subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period of ten (10) years, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR's sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. ARTICLE 31. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES. Time is of the essence in all respects under this Contract, and the parties agree that the VILLAGE will suffer financial loss if the work contemplated herein is not completed within the time specified, including any authorized extensions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the VILLAGE if the work is not completed on time. Accordingly, instead of requiring any such proof, the VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. Contract 8 ARTICLE 32. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. ARTICLE 33. REPRESENTATIONSBINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 34. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be.a material breach of the Contract Documents justifying termination. ARTICLE 35. PUBLIC RECORDS. IF TIS CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPB CLERK ,VILLAGE-NPB . ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Contract 9 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE's custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: Print Name: Title: VILLAGE OF NORTH PALM BEACH BY: MAYOR ATTEST: BY: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY Contract 10 EXHIBIT "A" INVOICE FORM Invoice to be standard invoice provided by CONTRACTOR referencing the purchase order number and describing what the payment covers. EXHIBIT "B" North Palm Beach Safety Rules 1. CONTRACTOR shall meet with General Manager to schedule the date for delivery and installation to begin. 2. CONTRACTOR shall check-in at the General Managers office prior to beginning Work on site. 3. The following list is provided as a reference to the CONTRACTOR: 4. CONTRACTOR agrees to follow North Palm Beach clean-up procedures. A. The Contractor shall, on an on-going basis or at the direction of the General Manager, keep the Project site and surrounding area free from accumulation of waste materials, debris or rubbish caused by performance of the Contractor's Work. 5. CONTRACTOR shall agree to coordination of work as directed by General Manager A. Work will be sequenced to allow other trades access to the work prior to the completion of this scope. B. To avoid conflicts, Contractor shall work in cooperation with all other subcontractors to coordinate Contractor's Work with the work of others to establish routes, entrances, and elevations for their installations and other installations. Even with such cooperative and coordination efforts, should a conflict occur, General Manager will be the final arbitrator of conflict resolution and General Manager decision shall be final. Contractor hereby agrees to abide by such decision and make any changes necessary to eliminate such conflicts without additional cost of expense to Owner. C. Contractor shall furnish all required submittal drawings, mix designs, PE stamps, samples, warranties etc., as required for this scope of work by specification if applicable. D. Contractor shall maintain accurate, up-to-date "as -built" drawings during construction. Contractor shall dimension all concealed connections to wall intersections. Contractor shall submit "as-builts" and warranties prior to substantial completion. Contractor shall submit final "as -built" documents in hard copy (4 copies) to the General Manager. PDF format is acceptable. E. Any sediment or erosion control measures disturbed during the execution of this Agreement will be repaired/replaced by Contractor at Contractor's expense. F. Contractor shall construct all work to be within the more stringent of the applicable codes and standards or the Contract Documents. G. Contractor understands that the existing North Palm Beach Country Club facility 2 shall remain occupied/operational and fully functional during the project. Any disruption or damage to the existing utilities or systems caused by Contractor shall be treated immediately as an emergency repair at no additional cost. H. Normal work hours are 8:00 a.m. to 8:00 p.m., Monday through Friday, Saturday work hours are 10:00 a.m. to 8:00 p.m., No Sunday work or work on Holidays unless by special permit. Contractor may establish other work hours, as necessary, with permission from General Manager. 6. CONTRACTOR shall agree to abide by the parking requirements as follows: A. Minimal parking for company vehicles will be in a small designated area as directed by the General Manager depending on the phase of the project. Personal vehicles will not be permitted on site. A designated parking area may be provided if space allows. All parking off-site shall be in compliance with the Village of North Palm Beach requirements. Those cars allowed on the North Palm Beach Country Club property must enter through the main entrance off US -1. B. All other vehicles will be required to park in other areas as designated by the General Manager. It is the responsibility of the Contractor to enforce compliance of these parking regulations with their employees. C. Violators of this policy will be towed at the Contractor's expense. 7. CONTRACTOR shall take all necessary safety precautions with respect to performance of the Contractor's Work and shall comply with applicable safety measures and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property. 8. CONTRACTOR agrees and acknowledges that it has assumed full responsibility and liability for safety precautions in connection with the construction means, methods, techniques, sequences, supervision and procedures pertaining to Contractor's Work. A. Reporting Injuries All accidents or injuries deemed Recordable, Lost Time or Restricted by OSHA, or non -injury incidents resulting in property damage or high potential for severe injury shall be reported immediately to the Weitz Project Superintendent, giving full details and identifications and statements of any witnesses. The Contractor shall be responsible for completing a written injury and/or incident investigation and providing such report to the Weitz Project supervision in a timely manner. B. Excavations Excavations must be sloped, shored or shielded, and must meet all other OSHA requirements. Before digging in any location, the Contractor must check to ensure that all underground utilities have been located and properly marked. C. Housekeeping Contractor shall maintain good housekeeping in and around its Work areas at all times. Stack materials so that safe clearances are maintained and falling is prevented. Keep all walkways and aisles clear. Place cords and air hoses to one 3 side to allow safe passage. Remove loose overhead material, dispose of garbage and remove oil and water spillage. Immediately remove or bend over nails protruding from lumber. Secure all stored or loose materials (especially on roof) to prevent it from becoming airborne. D. Illumination All of Contractor's Work areas shall be properly illuminated at all times. E. Ladders Contractor shall train its employees in the safe use of ladders and scaffolding as required. Defective ladders and scaffold components shall be tagged and removed from service. F. Tools and Equipment Tools, equipment, trucks, loaders, backhoes, cranes and forklifts shall be used, operated and maintained properly to prevent injury. No Contractor employee shall operate any equipment unless specifically authorized and trained to do so. Powder -actuated tools require certified training before use. Power tools shall be operated only by authorized personnel and with guard's in-place. Hand tools such as hammers and chisels shall be properly used and maintained. All slings, choker and rigging equipment shall be free of defects. All hooks must have safety latches or keepers. Taglines shall be used to control loads when their use does not create an additional hazard. Tampering with or unauthorized use or removal of fire extinguishers from assigned locations is prohibited. All of Contractor's tools and equipment must be inspected daily by Contractor before use. Damaged tools shall be tagged "DO NOT USE" and removed from service immediately. Documentation of training and inspections shall be provided to Weitz upon request. G. Unsafe Acts Contractor's employees who report for work under the influence of intoxicants or narcotics or engage in the consumption of them on the Project site will be removed from the Project site. Contractor's employees who engage in horseplay, fistfights, unsafe acts, whistling, yelling at the public or obscene gestures will be removed from the Project site. Weapons of all types, including firearms, are strictly forbidden on the Project site. H. Equipment Usage The Contractor agrees to bring all equipment needed to perform the Work on this project and not utilize any equipment at the site that belongs to others. I. Project Site Communications Contractor shall have on site at all times a supervisor (or multiple supervisors if required by crew size) that is able to speak, understand and communicate in English all job site safety and contractual requirements, obligations and responsibilities to Contractor's workers and employees. J. Site Authority The General Manager. shall be the final authority on all issues pertaining to site use, storage, safety issues, working space, parking, coordination among trades, 4 and all other common area site issues, and Contractor agrees to comply with all of General Manager decisions, rules and directives pertaining thereto. K. Protection of Materials and Equipment Contractor shall protect all material and equipment, which has not yet been incorporated into the Project. Where installed materials or equipment is subject to weather damage, Contractor shall provide protection until the Project is sufficiently complete to avoid damage. 5 YkOW r z?{ f i it { t 1 r` t m f c l< 0 M 0 o m < rn 0 v 0 r) z o C>-- rfu .. 0 manX 0 p rn p cu 0 M. a m - ( Vf i z D 0 ( D m w 0 C > s 0 c r- , ; u - nM 0 r- - 4 m M Dm tea .' C7 : to ' m (AO ,,, 0 0 fD " NO 00 m z 0 _ D> Z C 0 7 > r+ m N c lu rt n CL z 7 W o C7 c v 3 L* 3 0 = r CD M M CL En cn'< to r CL m — 0 cr 0- 0 = c W— 0 T. ( A m 0 : 3 : 3 m m w 0 3 ( n M 0 , CL Ih o C: r 0 CD En C , ro 3- ( n M tfa CDM -- 4 ( Enn CD 0 cr i5, o 0 M M 0 0 o , N M ( a 0 o- c: c o 0 0 0 r C = pa ( n 0 Z : 3 LO O M m 0 m T I z z rC: Q 0 Z 3E N00 o Co cr 0 Xw cn O3 4 ( D CD Cn Ul 3 JI CD cn CD a) N- C n 4 0 6) w > C) oho 0 0 r -' n' m < m C) 3: G) 0 m X 0 m z > a n r- A+CO,Rv` B7 CERTIFICATE OF LIABILITY INSURANCE164 DATE(MMIDD/YYYY) TYPE OF INSURANCE . 11/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE NOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lied of such endorsement(s). PRODUCER CONTACT NAME; Kacie Liebman Frank H. Furman, Inc. PHONE Ex (954) 943-5050 AX. N4; ( 954)942-6310 1314 East Atlantic Blvd. EMAIL ADDRESS: tnkacie@furaninsurance.com P. O' BOX 1927 INSURER(SJ AFFORDING COVERAGE NAIC # Pompano Beach FL 33061 INSURER A: Gemini Insurance Company 10833 INSURED INSURER B: Old Dominion Insurance Company 40231 Spado Construction, LLC INSURERC;BusinessfirSt insurance Co 11697 1334 S Killian Dr #3 INSURER D: INSURER E : Lake Park FL 33403 INSURER F: V if Y4:.1\/1V1:. v7 I.CIC1111t_ffi41C IVll1V161__K'L7_LV Cid5LeT KF1k11%Q1r IN N11RfiM6_F7- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN lS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE . ADDL SUBR POLICY NUMBERMMIDDIYYYY POLICY EFF POLICY EXP MM/DDfYYYY LIMITS A X COMMERCIAL. GENERAL LIABILITY CLAIMS -MADE o OCCUR VGGP004018 4/ 6/2019. 4/6/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER; X POLICY 0 PRO. LOCJECT OTHER: PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS S 2,000,000 B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUT05 X AUTOS NON -OWNED HIREDAtJTOS X AUTOS SIPS226G 4/6/2019 4/6/2020 Oaaccident)BDSINGLE LIMIT E $ 11000,000 BODILY INJURY (Per person) $ 60DILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ Elite Pius Endorseement $ C X UMBRELLA LIAS EXCESS L1AB X OCCUR CLAIMS -MADE MKLV2&UL103226 4/6/2019 4/6/2020 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTNE OFFICERIMEMBER EXCLUDED? Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) r_m t it iw-%I c nULUMM GANGLLLATION Village of North Palm Beach 501 US Hwy 1 North Palm Beach, FL 33408 SHOULD ANY OF THE. ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) ACC>RV CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDlYYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 9/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GIGA Solutions, Inc. CONTACT PHONE - --- 4---- -- r FAX 101 Plaza Real South LA.(, D ha1)_.88t3 581 0807 _.__-- .___ _----..__-. _ '-.(.arc1No: 954 25z-4426 Ste 201 E-MAIL ADDRESS: certs a g'gasolves.com Baca Raton FL 33432 INSURER(S) AFFORDING COVERAGE INSURER A: Normandy Insurance Company, Inc _.. ---. --_ _ 13012 INSURED Florida Resource Management LLC L/C/F INSURER B: Spada Construction, LLC INSURER C 383 Interstate Blvd INSURER D: Sarasota FL 34240 INSURER E: INSURER I I UMBRELLA UAB OCCUR EACH OCCURRENCE COVERAGES CERTIFICATE NUMBER: 1441602566 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FINSRi__ _.__.__._ . ________._.__-.__.._.._._ _ ._ . ____-. __.._. .. _-_.._ . ....__. POLICY EFF POLICY EXPA-66 LTR ; TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY ; MM/DDIYYYY i LIMITS j COMMERCIAL GENERAL LIABILITY 1 i EACH OCCURRENCE 1 $ f_...._.... I _ DAMAGE TO REN 1: - CLAIMS -MADE ; OCCUR I I $ i PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL-- ADV INJURY '$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S L _ _ PRO - POLICYI- } JECT _...__.l LOC I PRODUCTS - GOMPIOP AGG --- -- OTHER: j $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i S ANY AUTO;BODILY INJURY (Per person) OWNED I SCHEDULED BODILY INJURY (Per accident) I AUTOS ONLY AUTOS I MIRED NON -OWNED + I i PROPERTY DAMAGE AUTOS ONLY _.._a AUTOS ONLY { (Per accident — I I UMBRELLA UAB OCCUR EACH OCCURRENCE I EXCESS LIAR I i CLAIMS MADE i AGGREGATE DED i RETENTION $ I i S A WORKERS COMPENSATION NHFLO116482019 3/1/2019 311!2020 X ;STATUTE ERH AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E EAC H ACCIDENT D00,0001 ------------ Mandatory In NH) E L. DISEASE - EA EMPLOYEE! S 1,000.000 If yes, describe under 1,000,000DESCRIPTIONOFOPERATIONSbelowEL- DISEASE . POLICY LIMIT I DESCRIPTION OF OPERATIONS f LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage only applies to active employee(s) of Florida Resource Management & Subsidiaries that are leased to the following "Client Company": Spado Construction, LLC eff 3/1/19 Coverage only applies t0 injuries incurred by Florida Resource Management & Subsidiaries active employee(s), while working in FL. Coverage does not apply to statutory employee(s) or Independent contractor(s) of the Client company or any other entity. A list of the active ernployee(s) leased to the Client company can be obtained by faxing a request to (941) 343-6118 or by Calling (941) 343-6160. CERTIFICATE HOLDER CANCELLATION O 1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Village of North Palm Beach 501 US Hwy 1 North Palm Beach FL 33408 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I I I W Cooler Specifications: Model GPC- 2100 G -L A C I ER--, POOL COOLERS Design Operating ConditionsDistribution Cooler type: CounterFlow Induces Draft Stand pipe: PVC Water flow rates: 330 GPM Sprinkler head: AC Hot water temperature: 95 deg. F Sprinkler pipe: PVC Cold water temperature: 75 deg F Mechanical Equipment Ambient wet bulb temperature: 85 deg F Fan unit: one unit per cooler Total fan BHP: 2 Type: Axial Flow Total pump head: 8.2 ft Manufacturer: Glacier Drift loss of water flow rates: 0,100% Diameter: 93 in Evaporation loss of water flow rates., 0.93% Blade Material: AC Design wind load: 41 lbs Hub material: AC Structural Details Nominal air volume: 24,500 cfm Overall diameter: 1101, Fan Motor Overall height: 85" Motor Horsepower 2 Dry weight: 910 lbs RPM 840 Operating weight: 2,300 lbs Manufacturer: Glacier Basic Cooler Construction Materials Insulation: E Class Cooler support frame assembly: NIA Run Load Amps 7.0/3,5 Casing: FRP Voltage and phase: 2201440-3 Casing supporter: HDGS Piping Connections Cold water basin: FRP Primary water inlet diameter: 4 in Filling: PVC Primary water outlet diameter: 4 in Filling support: HDGS Fan guard: HDGS Quick fill inlet diameter: 1 in Mechanical equipment support: HDGS Overflow outlet diameter: 1 in Air inlet louver: PVC Drain diameter: 1:5 in Bolts, nuts and washers: STS Nominal water flow: 330 gpm COOLING CAPACITY 1,500,000 BTU/ hr ELECTRICAL SPECIFICATIONS: FAN MOTOR-25AMP 3-PHASE BREAKER SUMP PUMPS - 25 AMP SINGLE BREAKER REQUIRED FRP Fiberglass Reinforced Plastic HDGS Hat Dip Galvanized Steel MATERIALS KEY AC Aluminum Alloy Cast STS Stainless Steel REV. 11/04 W 4+ c O W X? 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Q C C w Ln J_- 0. 0. > c- E( o a W a) cu o a 0 U7 Q a) u Q as L W a- LL a M L: La- Vit- a ° O o + 4- 4 j 0, LU > a) _ N--- a) OUD O 0)= N.,. r o GC~/) T3= OOQ N ' m_ m o o m Q a ho" _ D - C jj Ha) mUCL0 Z _ c O +-• a0L0- 0' va) F r l O C C 0c- o > o c° V) LL , C a t0 _ .. Ca W tl. c a) WU) O C1 a) + W CL o. c c U U O N N o ( I> a) O 4, 0= c 0 ' a U U) ' a ' C7 c u ro j 0 (-• + U. O C7 4, N V) a Q M Q 0- 0- - C 0tc c J CD 4J CL Z C a d 4- A aa 3 + o a) n w +• O o a 0 H a Q M C w R F- N Dp y.+ W rn i O 4i q) CO CCD v x U- m n - C o p a t= Ot g C 3 I j 4w u CO N '- O Q o ro u o LL m acD a) I? a G o ° c c o a c tiA o 0 LU 3 ac° LL apo CL a wo. J m O io . O L: N m o o . 0 4- j 0) ar m a) o a, E s7 E 3 Qm °' 4- 1 v c C_ v C 0 C F' c. N t F- c Cc is O u O a NN w O t •,,., ta0 c S I.- >• u O N G) E. 2 c > Ln o c" n n oE I o J I el Thank you for purchasing your Glacier Pool Coolers product. Glacier Pool Coolers, LLC warrants all parts to be free from manufacturing defects in materials and workmanship for a period of two years from the date of retail purchase. This warranty is limited to the first retail purchaser, is not transferable, and does not apply to products that have been moved from their original installation sites. The liability of Glacier Pool Coolers, LLC shall not exceed the repair or replacement of defective parts and does not include any costs for labor to remove and reinstall the defective part, transportation to or from the factory, and any other materials required to make the repair. This warranty does not cover failures or malfunctions resulting from the following: Failure to properly install, operate or maintain the product(s) in accordance with our published Installation and Operation Manual provided with the product(s). The workmanship of any installer of the product(s). Not maintaining a proper chemical balance in your pool water [pH level between 7.2 and 7.8, Total Alkalinity (TA) between 80 and 120 ppm, Total Dissolved Solids (TDS) less than 2000] including salt/saline pools. Abuse, alteration, accident, fire, flood, lightening, rodents, insects, debris, negligence, or acts of God. Scaling, freezing, or other conditions causing inadequate water circulation. Use of non -factory authorized parts or accessories in conjunction with the product(s). Chemical contamination or improper use of sanitizing chemicals. Incorrect wire runs, improper electrical supply, collateral damage caused by improper operation and maintenance. LIMITATION OF LIABILITY: This is the only warranty given by Glacier Pool Coolers, LLC. No one is authorized to make any other warranties on Glacier Pool Coolers, LLC behalf. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. GLACIER POOL COOLERS, LLC EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES FOR BREECH OF ANY EXPRESSED OR IMPLIED WARRANTY. This warranty gives you specific legal rights. You may also have other rights which vary by state of province. WARRANTY CLAIMS: For prompt warranty consideration, contact your dealer and provide the following information: Proof of purchase, model number, serial number, and date of installation. The installer will contact the factory for instructions regarding the claim. If the dealer is not available, you can find an authorized service provider in your area by visiting www.glacierpoolcoolers.com or by calling our technical support department at 480.272.7700. All returned parts must have the Returned Material Authorization number to be evaluated under the terms of this warranty. Glacier Pool Coolers is a registered trademark. All other brand names, products names or trademarks belong to their respective holders. GLACIER POOL COOLERS, LLC 1 PO BOX 5198 1 SCOTTSDALE, AZ 85261 1 PH: 480-272-7700 FAX: 866-276-2083 WARRANTY@G LACI ERPOOLCOOLERS.COM Spado Construction LLC 1334 S. FGllian Dr. Suite 3 Lake Paris, FL 33403 SEALED BID DOCUMENTS COMMERCIAL POOL COOLER SYSTEM" VILLAGE OF NORTH PALM BEACH 501 US. HIGHWAY ONE NORTH PALM BEACH, FL 33408 Village Clerk FEB 18 2020 Received Q" _ q : 3 +-o% &% VILLAGE OF NORTH PALM BEACH INVIT IA"T ON TO BID FOR Commercial Pool Cooler System VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FL 33408 ADVERTISEMENT, INSTRUCTION, SPECIFICATIONS, GENERAL TERMS AND CONDITIONS le INVITATION TO BID The Village of North Palm Beach will be receiving sealed bids for the Purchase of a Commercial Pool Cooler System. Sealed bids (one original and one copy) will be received by the Village Clerk's Office at 501 U.S Highway One, North Palm Beach, Florida 33408 until 2:30 P.M. EST on February 18, 2020. Any bids received after the time specified will not be accepted and shall be returned unopened to the Bidder. All bids will be publicly opened and read aloud in the Village Hall Conference Room. A mandatory Pre -Bid meeting will be held at the North Palm Beach Country Club, 951 U.S. Highway One, North Palm Beach, Florida 33408 on Thursday, February 6, 2020 at 10:00 A.M. Failure to attend the mandatory Pre -Bid meeting shall be cause for the rejection of any bid proposal. The Invitation to Bid is open to inspection and may be obtained at Village Hall, 501 U.S. Highway One, North Palm Beach, Florida 33408, on DemandStar or on the Village's website: www.vil lage-npb.or. No offer may be withdrawn for a period of ninety (60) days after the scheduled closing date for the receipt of bids except as otherwise provided in the Instructions to Bidders and Terms and Conditions. The Village of North Palm Beach will not be responsible for any expenses incurred in connection with the preparation and/or delivery of a bid. The Village of North Palm Beach reserves the right to reject any or all bids, to waive technicalities, and to re -advertise. The award, if made, will be made to the lowest qualified bidder meeting all specifications, terms and conditions and whose bid is determined by the Village, in its sole discretion, to be most advantageous. VILLAGE OF NORTH PALM BEACH, FLORIDA Andrew Lukasik, Village Manager INSTRUCTIONS TO BIDDERS AND TERMS AND CONDITIONS GENERAL INFORMATION The Bid Documents consist of: 1. Invitation to Bid; 2. Instructions to Bidders and Terms and Conditions; 3. Scope of Work/Specifications 4. Contractor's Affidavit to Owner 5. Drug Free Workplace Certification; 6. Sworn Statement on Public Entity Crimes; 7. Scrutinized Vendor Certification; 8. Bid Proposal Form; 9. Standard Contract; 10. Any Addenda issued prior to the date designated for receipt of bids. Complete sets of the Bid Documents shall be used in preparing the submitted Bid. The Village of North Palm Beach ("Village") does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. The Bid Proposal Form is to be filled in, signed, and all required documents are to be placed in a sealed envelope bearing the words "Commercial Pool Cooler System" on the outside and mailed or hand -delivered to the Village Clerk on or before the specified time and date. Each Bidder shall submit one (1) original and one (1) copy of its Bid. It is the Bidder's sole responsibility to ensure that its Bid is received by the Village Clerk on or before the closing date and time. The Village shall in no way be responsible for delays caused by any other occurrence. Bids submitted by telephone, telegram or facsimile will not be accepted. The bid opening time shall be scrupulously observed.. Under no circumstances shall bids delivered after the time specified be considered. Such bids shall be returned unopened. All bids must be typewritten or filled in with pen and ink. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed or the signature attested to by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. All corrections made to the bid price must be initialed. Bidders shall not be allowed to modify their bids after the opening time and date. Pursuant to Section 119.071(1)(b)2, Florida Statutes, sealed bids remain exempt from public disclosure until such time as the Village provides notice of its intended decision to accept a Bid Instructions 1 or for thirty (30) days after opening, whichever is earlier. The submission of a bid shall constitute an incontrovertible representation by the Bidder that the Bid Documents and Contract are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the requested services. For information concerning this Invitation to Bid, please contact: Beth Davis, CCM General Manager, North Palm Beach Country Club Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 561-296-1060 All questions must be submitted in writing by e-mail to bdavis@village-npb.org at least five 5) days prior to the bid opening. ACCEPTANCE/REJECTION The Village reserves the right to accept or to reject any or all bids in whole or in part, with or without cause, to waive any informalities and technicalities and to make the award to the Bidder, who in the sole opinion of the Village, is the lowest responsive, responsible Bidder and whose Bid will be most advantageous to the Village. The Village reserves the right to reject the Bid of any Bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The Village reserves the right to re -issue the Invitation to Bid. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the Bid Response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid, whether submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the terms and conditions in this Invitation to Bid solicitation are the only conditions applicable to the Bid and the Bidder's authorized signature affixed to the Bidder's proposal form attests to this. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid Documents. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Bids will be given consideration. All such changes and interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Bidders prior to the established Bid opening date. Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of addenda. All addenda are a part of the Bid Documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all addenda issued before Bids are opened. No authorization is allowed by Village personnel or the Village Engineer to interpret, or give information as to Bid requirements in addition to that which is contained in the written Bid document and addenda. Instructions 2 CONTRACTUAL AGREEMENT All terms and conditions of the Bid Documents shall be included and incorporated in the Standard Contract, a copy of which is included in the Bid Documents. The order of contract precedence shall be the Contract and then Bid Documents and Bid Response. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County and the Contract will be interpreted according to the laws of Florida. FEDERAL AND STATE TAX The Village is exempt from Federal and State taxes for tangible personal property. However, vendors or contractors doing business with the Village shall not be authorized to use the Village's Tax Exemption Number in securing materials for performance of the work associated with this Project. LEGAL REQUIREMENTS A person or affiliate who has been placed on the convicted vendor 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, subcontractor, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. VARTAWFIR The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications for the Contract being proposed. For purposes of bid evaluation, Bidders must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the bid, the Village shall construe the Bid to fully comply with the specifications, terms and conditions as given herein. The Village will award the bid to the lowest and best responsive responsible bidder in its sole determination. Time is of the essence on this project due to the coordination with the Construction Project Schedule. Therefore, the contract is expected to be awarded at the March 26, 2020 Council Meeting. Successful bidder should be prepared to begin processing order upon receipt of Purchase Order. Delivery and installation are to be completed no later than May 1, 2020. BID WITHDRAWAL Any bid may be withdrawn up until the time set for opening of the bids. Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer to sell to the Village the goods or services set forth in the attached specifications until one or more of the bids have been duly accepted by the Village. Instructions 3 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the Village and promptly demonstrates to the reasonable satisfaction of the Village that there was a material and substantial mistake in the preparation of his/her Bid, that Bidder may withdraw his/her Bid. Thereafter, that Bidder will be disqualified from further bids on the work. CERTIFICATION When applicable, vendor must hold Certificate of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board and a current Business Tax Receipt. Copies of such Certificate and Receipt must be submitted with the Bid and must be in the name of the vendor shown on the Bid Proposal page. NON -APPROPRIATIONS The obligations of the Village to make a Bid award and execute a Contract under the terms of this "Invitation to Bid" are contingent upon funds lawfully appropriated for this purpose. Should funds not be appropriated for this purpose, the Village, at its sole discretion, shall have the right to reject all bids. In filling out bid forms, Bidders shall be governed by the following provisions. A) Bids must be made on the blanks provided herewith. B) Bid amount shall be shown in words and figures. C) Any bid which in any manner fails to conform to the condition of the published notice may be rejected. D) Bids must be signed in ink by the Bidder with the signature in full. E) Bids that contain any omission, erasure, alteration, addition or item not called for, or that show irregularities of any kind, will be considered as informal or irregular. This will constitute cause for the rejection of the Bid. F) If a Bidder wishes to change prices, they shall strike the price and add the changes in the appropriate space. Changes shall be initialed by the person submitting the bid. Any changes or alteration of prices in the bid must be initialed. Failure to initial these changes or illegible entries or corrections or prices may be cause for the rejection of the bid as informal or irregular. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsible Bidder, qualified by experience to provide the goods and services specified. Each Bidder shall submit the following information with its bid or within three days of request: A) Evidence of current status as authorized dealer to sell and install the commercial pool Instructions 4 l cooler system offered. B) Evidence of valid state, county and local licenses and receipts proving authority to conduct business in the jurisdiction of the work. C) Evidence that manufacturer offered has been in this business for five (5) consecutive years or more. Failure to submit the above requested information may be cause for rejection of the Bid. SITE ACCESS AND DUTIES For the performance of the contract, the contractor will be permitted to occupy such portions of Village property as permitted by the owner or its representative or as necessary to complete requested services. He shall leave the site of work in a neat and orderly condition equal to that which originally existed. REGULATIONS, PERMITS AND FEES The selected Bidder must comply with all Federal, State and local laws and regulations that may apply. INSURANCE REQUIREMENTS A) Prior to the approval of the Contract, the selected Bidder shall provide to the Village certificates evidencing insurance coverage in the minimum amounts as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The certificates shall clearly indicate that the selected Bidder has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the Village. Failure to comply with the foregoing requirements shall not relieve the selected bidder of its liability and obligations under a resulting contract. B) The selected Bidder shall maintain, during the life of a resulting contract, commercial general liability, including contractual liability insurance, in the amount of $1,000, 000 per occurrence or $2,000, 000 in aggregate to protect the selected Bidder from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under a resulting contract, whether such operations be performed by the selected bidder or by anyone directly employed by or contracting with the selected bidder. C) The selected Bidder shall maintain, during the life of a resulting contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the selected bidder from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the selected bidder or by anyone directly or indirectly employed by the selected Bidder. D) The parties to the resulting contract shall carry Workers' Compensation Insurance and Instructions 5 Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the other party. E) All insurance, other than Worker's Compensation, to be maintained by the selected bidder shall specifically include the Village as an Additional Insured. CONE OF SILENCE This Invitation to Bid is expressly subject to the Cone of Silence provisions of Section 2-355 of the Palm Beach County Code of Ordinances. Any contract entered into in violation of the cone of silence provisions shall render the transaction voidable. NON -COLLUSION By submitting a Bid, each Bidder affirmatively represents that neither the Bidder nor any of its officers, partners, owners, agents, representatives or employees have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder to submit a collusive or sham Bid or have in any manner directly or indirectly sought by agreement or collusion to fix the prices of the Bid or to secure through any agreement or collusion any advantage. The prices quoted in the 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, or employees. Instructions 6 lip SCOPE OF WORK/SPECIFICATIONS The Village of North Palm Beach is requesting bids for a new Commercial Pool Cooler System to be delivered and installed at 951 U.S. Highway One, North Palm Beach, Florida 33408. The installation must be coordinated with the Village's General Manager, Beth Davis. The Village is currently estimating to be ready for this system installation in April 2020 with completion scheduled to be no later than May 1, 2020. DESCRIPTION New Commercial Pool Cooler System. Glacier Model GPC2100 Commercial Pool Cooler or equivalent. A. Sized to reduce a 600k+ gallon pool by 10 — 15 degrees F. B. 300 GPM nominal water flow; 4" influent/effluent connection. C. Fan Motor 2 HP, 230/440/480V, 3 phase. D. Thermostatic Temperature Controls. E. Concrete Pad Size 12' x 12'x 4" F. Concrete Pad Fencing, to match current fence, with hinged door access north and south side of pad G. Complete all MEP (mechanical, electrical and plumbing) installation H. Complete Labor schedule for demolition, removal, grading, installation and clean-up INSTALLATION A. General: Follow all manufacturer's documented instructions and procedures for installation of Pad and Commercial Pool Cooler System and in compliance with local building codes. FIELD QUALITY CONTROL A. Verify Commercial Pool Cooler System is working to optimal specifications. B. Replace components that are scratched, dented, or damaged in any manner with new items from the manufacturer. Surface scratches may be touched up but repair must be complete and undistinguishable. Scope of Work 1 r k CLEANING A. Upon completion of installation, clean all components and surfaces. Cover to protect from dust and environmental fallout as a result of other work continuing in the surrounding area. Remove all packaging material and debris that accumulated as a result of the installation immediately upon completion. Leave area of installation neat, in broom clean condition, and ready to present to appropriate persons. DEMONSTRATION AND TRAINING A. Schedule and conduct demonstration of the commercial pool cooling system. Review all safety features and proper operation with owner's personnel. Review any additional features or points of interest as appropriate. B. Schedule and conduct maintenance training with owner's maintenance personnel. Training session should include a full operation demonstration and all preventative maintenance and minor repair procedures for the commercial pool cooling system that they would normally be expected to perform. PROTECTION A. Protect system against dirt and damage during remainder of construction period. Recommend to owner of any additional precautions. needed to ensure that system will remain unharmed during balance of construction in surrounding area. Successful CONTRACTOR is to verify all dimensions and review space available for placement of the concrete Pad and fencing with the Village's Representative prior to installation of the system. Bidder must read and consider all information in Bid Documents in addition to the information contained in this Section of the Bid. Scope of Work 2 BID PROPOSAL FORM Bid Proposal of FAMILY POOLS INC. to furnish a new Commercial Pool Cooling System delivered and installed at 951 U.S. Highway One, North Palm Beach, Florida as set forth in the Bid Documents. All Bid Proposals shall include all sales taxes, all other applicable fees, and all requirements of the Bid Documents. The undersigned Bidder has carefully examined the Bid Documents and the site(s) of the proposed work. The undersigned is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to do all the work and furnish all materials called for by the Bid Documents, in the manner prescribed therein and to the standards of quality and performance established by the Village of North Palm Beach, for the total lump sum price and within the time period designated in the spaces provided below: TOTAL AMOUNT OF BID 102,400.00 . Written Out: ONE HUNDRED AND TWO THOUSAND FOUR HUNDREBollars and ZERO Cents. MANUFACTURER OFFERED: GLACIER POOL COOLERS, LLC SUBMITTALS A. Product Data: Submit manufacturer's product literature and installation instructions. B. Drawings: Provide dimensional layout of complete system offered C. Warranty: Submit a copy of manufacturer's warranty. D. Maintenance Data: Provide manufacturer's operation manual, maintenance and care instructions, and instructions for care and cleaning of the finish. E. Reference List: Provide list of recently installed similar type pool cooler installations. F. A list shall be submitted of all specification deviations with a complete description of each. TIME FOR COMPLETION: The Bidder warrants that they can deliver and install the Commercial Pool Cooler System as offered in April 2020 with installation completed no later than Mayl, 2020 and as directed by the Village Manager. ignature PRESIDENT Title FRANK RUSSO Print Name 02/17/2020 772-878-8452 Date Phone Number 873 SW SOUTH MACEDO BLVD. PORT ST LUCIE, FL 34983 Address 772-785-9558 Fax Number FRANK@FAMILYPOOLSINC.COM E-mail Address Proposal Form 1 DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or proposals which are equal with respect to price, quality, and service are received by any political subdivision for the procurement of commodities or contractual services, a bid or proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid or proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. idder's Signature Drug Free Workplace SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by FRANK RUSSO PRESIDENT print individual's name and title) FAMILY POOLS INC. for print name of entity submitting sworn statement) whose business address is 873 SW SOUTH MACEDO BLVD PORT ST LUCIE, FL 34983 and (if applicable) its Federal Employer Identification Number (FEIN) is: 65-0840033 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal Sworn Statement 1 ,, power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) 0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.0179 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature) The foregoing document was swornwo and subscribed before me this _ day of 2020 by so , who is personally known to me or produced as identification. VM ota'ry Public NICHOLE APONTE My Commission Expires: state of Florida - Notary Public Commission # FF 963031 a My Comm. Expires 05-04-2020 19 OF F Bonded Through American Safety Council Sworn Statement 2 SCRUTINIZED VENDOR CERTIFICATION PURSUANT TO SECTION 287.1359 FLORIDA STATUTES This sworn statement is submitted to the Village of North Palm Beach, Florida by FRANK RUSSO PRESIDENT print individual's name and title) for FAMILY POOLS INC. print name of entity submitting sworn statement) whose business address is 873 SW SOUTH MACEDO BLVD. PORT ST LUCIE, FL 34983 and (if applicable) its Federal Employer Identification Number (FEIN) is: 65-0840033 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 1. I hereby certify that the above-named entity: A. Does not participate in the boycott of Israel; and B. Is not on the Scrutinized Companies that Boycott Israel List. 2. If the Contract for goods and services is for more than $1,000,000, I hereby certify that the above-named entity: A. Is not on the Scrutinized Companies with Activities in Sudan List; and B. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and C. Has not engaged in business operations in Cuba or Syria. Section 287.135, Florida Statutes, prohibits the Village from: (1) contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and (2) contracting with companies, for goods or services over $1,000,000 that are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes or is engaged in business operations in Cuba or Syria. If Scrutinized Vendor Certification 1 As the person authorized to sign on behalf of the above-named entity, I hereby certify that the statements set forth above are true and that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees and/or costs. I further understand that any contract with the Village for goods or services may be terminated at the option of the Village if the company has been found to have submitted a false certification. Signature) The foregoing document was sworn an subscribed before me this I'_7 day of 2020 by U ( who is personally known to me or produced _, as identificatign. n , oyo P. otiacy3 31 0 N\ oNOL o` e 0 o, 2p2 State ss yp' hwoago c\\ Go cn' aed gay co 16onae Sat il11111110reof` otary Public U y Commission Expires: Scrutinized Vendor Certification 2 CONTRACT This Contract is made as of the day of , 2020, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and a corporation or partnership authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the Invitation to Bid for a new Commercial Pool Cooler System and as further stated in CONTRACTOR's Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the Proposal Documents referenced therein in accordance with the Bid Proposal (hereinafter referred to as Work"), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon receipt of Purchase Order. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR no later than May 1, 2020. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR's request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or its subcontractor's fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, Contract 1 disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village General Manager. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR's Bid Proposal in response to the ITB. Contract shall not exceed CONTRACTOR in accordance with The total and cumulative amount of this B. CONTRACTOR shall invoice the VILLAGE on the form provided as Exhibit "A" and include such information as requested in Exhibit "A". Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE's representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Work shall be invoiced when the Commercial Pool Cooling System is installed and accepted by the VILLAGE's representative. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off -set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. Contract 2 iJ B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. ARTICLE 7. TERMINATION. A. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten 10) days written notice to the CONTRACTOR. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE's Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Contract 3 ARTICLE 10. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. Contract 4 ARTICLE 15. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 16. AUTHORITY TO PRACTICE. The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the Work under this Contract, and that it will at all times conduct its business and provide the Work under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE's representative upon request. ARTICLE 17. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE's property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. CONTRACTOR shall comply with the VILLAGE's safety rules, a copy of which are attached hereto as Exhibit "B" and incorporated herein. C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged due to his delivery of the trailer(s). The CONTRACTOR shall return all swale areas back to their original condition, including, but not limited to, repairing broken sprinklers, filling in ruts caused by the delivery, and replacing damaged grass. Contract 5 ;5 ARTICLE 19. PRECAUTIONS/COORDINATION WITH CURRENT ACTIVITIES. The CONTRACTOR shall conduct his operations in accordance with the Village's General Manager, who will provide direction on site to ensure coordination with the Country Club activities. ARTICLE 20. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: General Manager 951 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR'agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof', hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. Contract 6 ARTICLE 23. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. ARTICLE 24. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 25. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and other contract documents referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 27. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 28. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 29. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: I. The filing of a lien by any sub -CONTRACTOR, sub -contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in Contract 7 Q_ a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any such default. ARTICLE 30. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of ten (10) years following delivery and acceptance of the system(s), subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period of ten (10) years, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR's sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. ARTICLE 31. TIME IS OF THE ESSENCE/LIOUIDATED DAMAGES. Time is of the essence in all respects under this Contract, and the parties agree that the VILLAGE will suffer financial loss if the work contemplated herein is not completed within the time specified, including any authorized extensions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the VILLAGE if the work is not completed on time. Accordingly, instead of requiring any such proof, the VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. Contract 8 ARTICLE 32. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. ARTICLE 33. REPRESENTATIONSBINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 34. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 35. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK(rr.V:ILLAGE-NPB.OR.G; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with -all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Contract 9 f A____ C/ 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE's custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: Print Name: Title: VILLAGE OF NORTH PALM BEACH BY: MAYOR ATTEST: BY: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: VILLAGE ATTORNEY Contract 10 0/ EXHIBIT "A" INVOICE FORM Invoice to be standard invoice provided by CONTRACTOR referencing the purchase order number and describing what the payment covers. 9 EXHIBIT "B" North Palm Beach Safety Rules 1. CONTRACTOR shall meet with General Manager to schedule the date for delivery and installation to begin. 2. CONTRACTOR shall check-in at the General Managers office prior to beginning Work on site. 3. The following list is provided as a reference to the CONTRACTOR: 4. CONTRACTOR agrees to follow North Palm Beach clean-up procedures. A. The Contractor shall, on an on-going basis or at the direction of the General Manager, keep the Project site and surrounding area free from accumulation of waste materials, debris or rubbish caused by performance of the Contractor's Work. 5. CONTRACTOR shall agree to coordination of work as directed by General Manager A. Work will be sequenced to allow other trades access to the work prior to the completion of this scope. B. To avoid conflicts, Contractor shall work in cooperation with all other subcontractors to coordinate Contractor's Work with the work of others to establish routes, entrances, and elevations for their installations and other installations. Even with such cooperative and coordination efforts, should a conflict occur, General Manager will be the final arbitrator of conflict resolution and General Manager decision shall be final. Contractor hereby agrees to abide by such decision and make any changes necessary to eliminate such conflicts without additional cost of expense to Owner. C. Contractor shall furnish all required submittal drawings, mix designs, PE stamps, samples, warranties etc., as required for this scope of work by specification if applicable. D. Contractor shall maintain accurate, up-to-date "as -built" drawings during construction. Contractor shall dimension all concealed connections to wall intersections. Contractor shall submit "as-builts" and warranties prior to substantial completion. Contractor shall submit final "as -built" documents in hard copy (4 copies) to the General Manager. PDF format is acceptable. E. Any sediment or erosion control measures disturbed during the execution of this Agreement will be repaired/replaced by Contractor at Contractor's expense. F. Contractor shall construct all work to be within the more stringent of the applicable codes and standards or the Contract Documents. G. Contractor understands that the existing North Palm Beach Country Club facility 2 shall remain occupied/operational and fully functional during the project. Any disruption or damage to the existing utilities or systems caused by Contractor shall be treated immediately as an emergency repair at no additional cost. H. Normal work hours are 8:00 a.m. to 8:00 p.m., Monday through Friday, Saturday work hours are 10:00 a.m. to 8:00 p.m., No Sunday work or work on Holidays unless by special permit. Contractor may establish other work hours, as necessary, with permission from General Manager. 6. CONTRACTOR shall agree to abide by the parking requirements as follows: A. Minimal parking for company vehicles will be in a small designated area as directed by the General Manager depending on the phase of the project. Personal vehicles will not be permitted on site. A designated parking area may be provided if space allows. All parking off-site shall be in compliance with the Village of North Palm Beach requirements. Those cars allowed on the North Palm Beach Country Club property must enter through the main entrance off US -1. B. All other vehicles will be required to park in other areas as designated by the General Manager. It is the responsibility of the Contractor to enforce compliance of these parking regulations with their employees. C. Violators of this policy will be towed at the Contractor's expense. 7. CONTRACTOR shall take all necessary safety precautions with respect to performance of the Contractor's Work and shall comply with applicable safety measures and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property. 8. CONTRACTOR agrees and acknowledges that it has assumed full responsibility and liability for safety precautions in connection with the construction means, methods, techniques, sequences, supervision and procedures pertaining to Contractor's Work. A. Reporting Injuries All accidents or injuries deemed Recordable, Lost Time or Restricted by OSHA, or non -injury incidents resulting in property damage or high potential for severe injury shall be reported immediately to the Weitz Project Superintendent, giving full details and identifications and statements of any witnesses. The Contractor shall be responsible for completing a written injury and/or incident investigation and providing such report to the Weitz Project supervision in a timely manner. B. Excavations Excavations must be sloped, shored or shielded, and must meet all other OSHA requirements. Before digging in any location, the Contractor must check to ensure that all underground utilities have been located and properly marked. C. Housekeeping Contractor shall maintain good housekeeping in and around its Work areas at all times. Stack materials so that safe clearances are maintained and falling is prevented. Keep all walkways and aisles clear. Place cords and air hoses to one 3 M/ side to allow safe passage. Remove loose overhead material, dispose of garbage and remove oil and water spillage. Immediately remove or bend over nails protruding from lumber. Secure all stored or loose materials (especially on roof) to prevent it from becoming airborne. D. Illumination All of Contractor's Work areas shall be properly illuminated at all times. E. Ladders Contractor shall train its employees in the safe use of ladders and scaffolding as required. Defective ladders and scaffold components shall be tagged and removed from service. F. Tools and Equipment Tools, equipment, trucks, loaders, backhoes, cranes and forklifts shall be used, operated and maintained properly to prevent injury. No Contractor employee shall operate any equipment unless specifically authorized and trained to do so. Powder -actuated tools require certified training before use. Power tools shall be operated only by authorized personnel and with guard's in-place. Hand tools such as hammers and chisels shall be properly used and maintained. All slings, choker and rigging equipment shall be free of defects. All hooks must have safety latches or keepers. Taglines shall be used to control loads when their use does not create an additional hazard. Tampering with or unauthorized use or removal of fire extinguishers from assigned locations is prohibited. All of Contractor's tools and equipment must be inspected daily by Contractor before use. Damaged tools shall be tagged "DO NOT USE" and removed from service immediately. Documentation of training and inspections shall be provided to Weitz upon request. G. Unsafe Acts Contractor's employees who report for work under the influence of intoxicants or narcotics or engage in the consumption of them on the Project site will be removed from the Project site. Contractor's employees who engage in horseplay, fistfights, unsafe acts, whistling, yelling at the public or obscene gestures will be removed from the Project site. Weapons of all types, including firearms, are strictly forbidden on the Project site. H. Equipment Usage The Contractor agrees to bring all equipment needed to perform the Work on this project and not utilize any equipment at the site that belongs to others. I. Project Site Communications Contractor shall have on site at all times a supervisor (or multiple supervisors if required by crew size) that is able to speak, understand and communicate in English all job site safety and contractual requirements, obligations and responsibilities to Contractor's workers and employees. J. Site Authority The General Manager. shall be the final authority on all issues pertaining to site use, storage, safety issues, working space, parking, coordination among trades, 4 r2vi, L " - - and all other common area site issues, and Contractor agrees to comply with all of General Manager decisions, rules and directives pertaining thereto. K. Protection of Materials and Equipment Contractor shall protect all material and equipment, which has not yet been incorporated into the Project. Where installed materials or equipment is subject to weather damage, Contractor shall provide protection until the Project is sufficiently complete to avoid damage. 5 00 Commercial Pool Cooler System Village of North Palm Beach QUALIFICATION OF BIDDERS. A) Evidence of current status as authorized dealer to sell and install the commercial pool cooler system offered. 9 e }' QUOTE # 54019401 OEM=380 r LOCATION 54 AT 06118119 RAGE 1 of 1 S4 -PT ST LUCK -SCP DIST.Quotation jill® NW ENTERPRISE OR F,PORT SAINT LUCIE, FL 34986-222 Nw Mane 772-343-8906 Fax 772-3434907 BILL TO 208479 FAMILY POOL RIM (A) 873 SW SOUTH MACEDO BLVD. PORT ST. LUCIE, FL 34983 Phone 772-878-8452 Fax 772-785-9558 SHIP TO FAMILY POOL R/M (A) 873 SW SOUTH MACEDO BLVD. PORT ST. LUCIE, FL 34900 Fax 772-785-9558 9 WSbwr MIR siYaa$ 6 o y sWI k' Xy 'pi tis f'` f ' %%z-_.. as' ! x £ I >a.• . A CP! 1 EA GPC -2100 MODEL SWIMMING POOL COOLERJW THERMOSTAT CONTROLKIT FAMILY POOLS FRANK RUSSO AUTHORIZED SELLER AND INSTALLER OF ABOVE EQUIPMENT STATE LISC. NO. CPC1456929 MERCHANDISE TOTAL HANDLING MISC CHARGE TAX FREIGHT QUOTE TOTAL. ccep e EXCEPT FRANKMIRITE NEXT TO ITEM (FRANK) By: Date: QUOTE06/18119 07/18/19 Q I ED Ai GLACIER COOLER PNET 30 DAYS VR=N BY 54 EUGENE MCKILLOP(54 C NTAGT RANK RUSSO HIP'VIA ROUTE TRUCK PROCESSING N, UTBOUNO R 54 !EUGENE MCKILLOP 9 WSbwr MIR siYaa$ 6 o y sWI k' Xy 'pi tis f'` f ' %%z-_.. as' ! x £ I >a.• . A CP! 1 EA GPC -2100 MODEL SWIMMING POOL COOLERJW THERMOSTAT CONTROLKIT FAMILY POOLS FRANK RUSSO AUTHORIZED SELLER AND INSTALLER OF ABOVE EQUIPMENT STATE LISC. NO. CPC1456929 MERCHANDISE TOTAL HANDLING MISC CHARGE TAX FREIGHT QUOTE TOTAL. ccep e EXCEPT FRANKMIRITE NEXT TO ITEM (FRANK) By: Date: s @ jy u T tj \ u. a \ Za \ J Q jai Commercial Pool Cooler System Village of North Palm Beach QUALIFICATION OF BIDDERS: 873 SW South Niacedo Blvd. Pt. St. Lucie, Ft, 34983 License # CPC1466929 1-866-294-4011 779_7RR_9RRR fax B} Evidence of valid stater county and local licenses and receipts proving authority to conduct business in the jurisdiction of the work. EIPTOFPORTSAINTLUCIEBUSINESSTAXRECw-CITY 11..":.''. " . I.. . 0R.KEEP OArPERSONSPLACEPLEASEPOSTINCONSPICIOU 2020lo/ol/2019 09/30T&rM 2019 -2020 Business Address: 873'SW SOUTH MACEDO BLVD Business Name: PEBBLE CONCEPTS INC Mailing Address: 873 SW SOUTH MACEDO BLVD PORT ST LUCIE, FL 34983 pnnT /SPA CONTRACTOR BTR#-. 1.35178 Date Made: 07/17/2019 wow Business Tax Authority 1.34.00 Category, Category Additional Data: Total Tax Paid: $134.00 Ac`s CERTIFICATE ®F LIABILITY INSURANCE DAT4/24/ 2DnYYY, 4!24!2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. R. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Insurance by Ken Brown, Inc. PHO NEIAIQ0. 321-397-3870 F A7Cc No 321-397-3888 707 Pennsylvania Ave Ste 1300 E-MAIL Altamonte Springs FL 32701 ADDREss: certificates insb kenbrown.com tum, fe e.et Act:A01111Jt2 riAVFRSPr;. MAIC # INSURER A. Amedsure Mutual Ins. Co INSURED FAMIL-6 INSURER B: Amedsure Ins Company 1 Family Pools, Inc INSURER C, 873 SW South Macedo Blvd. W. Port St Lucie FL 34983 INSURER D : _ 0=1101rim h111RA12C12• COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR A E I TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I A I OCCUR ADD BR PDUCY NUMBER GL20814210702 CA20868720701 POLCY EFF MMIDDIYYYY 3/29/2019 3/29/ 2019 PDLCY EXP MWDDIYYYY 3129/2020 3129/2020 LIMITS EACH OCCURRENCE $1,000,000 DAMAG15TCREN ED $ 500, 000 PREMISES Me occurrence. MED EXP (Any one Parson) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000, 000 GENERAL AGGREGATE $ 2,000,000 GEN"L AGGREGATE LIMIT APPLIES PER: POLICY JELOC OTHER: AUTOMOBILEUABIUTY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY x PIP $10,000 PRODUCTS - COMPIOP AGG < $ 2,0OO,ODD M INEQ IN , LIMIT $1,0OO,ODD g acrldantB BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PR PER DAMA E Per 8Cc(dent} $ A B X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE NIA I 4444$8 VVC208243008 31'7/2019 i 3129/2019 3/29/2020 3/2912020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 STAT E R I DED I X RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRiI:TOR.IFSARTNERtEXECUTiVECH OFFICER/MEMBEREXCLUDED7 O Mandatory In NH) it gas be underndescriE.L. DRIPTION OF OPERATIONS below ACCIDENT °^ E.L. DASEASEEA EMPLOYEE $ 1,000, 000 00 DISEASE -POLICY LIMIT $1,000,000 E DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schadulet may be Attached if more apace Is inquired) TE The Village of North Palm Beach Building Division 420 US Highway 1, Suite 21 North Palm Beach FL 33408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE u ra00-1.v ra n%O%d vvla ........%ol.. r ..... .................., ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD nuv„ff:6 hu Commercial Pool Cooler System Village of North Palm Beach QUALIFICATION OF BIDDERS; C} Evidence that manufacturer offered has been in this business for five (5) consecutive. WHf'f .. gF>:::6 r. i iuiiCorn. Commission iiiiaii AZ CORPORATION COMMISSION V.') 3 r A. I -L4 FILED . Articles ut urgunjuttion SAN 2 1 2011 o FILE NUk/& 54/:3q+6, Glacier Pool Coolers, LLC Pursuant to A.R.S. 29-632, the undersigned state as follows: Article 1: Name The name of this Limited Liability Company is: Glacier Pool Coolers, LLC Article 2: Registered Office The address of the registered office in Arizona is: P,O. Box 5198 Scottsdale, AZ 85261-5198 Article 3: Statutory Agent The name and street address of the Statutory Agent for this company is: Rick M. Argovitz 10310 N. 135` Way Scottsdale, AZ 85259 Acceptance of Appointment By Statutory Agent I Rick M. Argovitz. having been designated to act as Statutory Agent, hereby consent to actin that capacity until removed or resignation is submitted in accordance with the Arizona Revised Statutes. Signature of StatutoTytWnt The latest date on which the Limited Liability Company must dissolve is January 1, 2050. Article 5: Management Management of this company is reserved to the member(s): The name and address of each person who is a member is: RAM Innovations, LLC 10310 N. 135" Way Scottsdale, AZ 85259 f "`Miember Investment Solution, LLC 10310 N. 135" Way Scottsdale, AZ 85259 [ Member EXECUTED this o)ff ?.' day of O2011 17 12 ignature k2lyt Printed Name Signature Printed Name PHONE- YBO 20 V FAX f6 (0 k, ^ 10 8.3 54) METHOD AND APPARATUS FOR COOLING SWIMAHING POOL WATER 76) Inventor: Rick Martin Argovitz, 4610 Meadows Edge La., Houston, TX (US) 77084 Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 752 days. 21) Appl. No.: 10/945,143 22) Filed Sep. 20, 2004 51) Int. Cl. F28D 5/00 (2006.01) 52) U.S. Cl. ............................. 62/304; 621121; 521314; 62/131G. 11 58) Field of Classification Search ................... 52/121, 62/304, 314, DIG, 11 See application file for complete search history. 56) References Cited U.S. PATENT DOCUMENTS 4,189, 791 A 2/1980 Dundas 5,084,217 A * 1!1992 Dodds ....................... 261/36.1 5.349,829 A w 9/1994 Tsiznerman .................. 52/'314 5,122,422 A 9/2000 Conner 6,128,792 A * 10i2000 Mathews ....................... 4/508 1 6,138.294 A 10/2000 Desjay= et al. 6,338,256 B1 * 112002 Tien ............................ 52/305 6,595,011 131 « 7/2003 Forgy ............................ 612/91 200110029625 Al 10/2001 Lynn 20011OW7539 Al 12/2001 Lynn FOREIGN PATENT DOCUMENTS rn 57169553 A2 10/1982 cited by examiner Prinmry.E'xandner—Frantz F Jules Assistant .Exandner Azim Rahim 74)Attorney, Agenr, orEinn----Kenneth L Tolar 57) ABSTRACT A method and apparatus for cooling swimming pool water includes diverting .a stream of swimming pool water to a distribution header. The distribution header includes a plural- ity of dispersing apertures for converting the stream of swim- ming pool eater into a plurality of smaller streams. Posi- tioned immediately beneath the distribution header is a fill medium through which the smaller streams of water pass where they are atomized into smaller droplets. An electric fan is positioned above the distribution header for forcing ambi- eat air through the fill medium to invoke evaporative cooling of the atomized water. The resulting evaporatively cooled water is collected in a reservoir and returned to a swimming pool. 8 Claims, 2 Drawing Sheets 11 0 5 U.S. Patent ]Dec. 19 2009 Shut 1 of 2 US 7,62495$9 B1 J I: FR W m 10 0 U.S. Patent Dec, 1, 2009 Sheet 2 ®f 2 US 71,6249589 Bl 27 W C iE Us 7,624,589 B1 METHOD AND APPARATUS FOR COOLING SWIMMING POOL WATER BACKGROUND OF THE INVENTION The present invention relates to a method andapparatus for cooling swimming pool water. DESCRIPTION OF THE PRIOR ART A swimming pool is an excellent source of relief from the heat during summer months. In extremely hot climates, how- ever, the swimming pool water can become so warm that any potential benefit is significantly diminished. Though many devices and methods exist in the prior art for heating swim- ming pools in colder climates, relatively few devices have been heretofore designed to cool swimming pools in warmer climates. For example, U.S. Pat. No. 4,189,791 issued to Dundas discloses a swimming pool heating and cooling system including pumping ambient air through a submerged, perfo- rated manifold tube. The resulting air bubbles ascend the swimming pool water resulting in heat exchange therebe- tween. Japanese patent no. JP57169553 A2 issued to Mitsunori discloses a swimming pool heating and cooling device including positioning underground pipes parallel to a swim- ming pool bottom. Cooling or heating air is diverted to the pipes. U.S. Pat. No. 6,122,922 issued to Conner discloses an air and water cooling apparatus for efficiently cooling a struc- ture. U.S. Pat. No. 6,138,294 issued. to Desjoyaux et al. discloses a compartmentalized pumping and filtering mechanism for a swimming pool. U.S. published patent application no. 200110029625 filed on behalf of Lynn ('625) discloses a swimming pool heating and cooling system including diverting water through a waterfall at strategic tithes of the day to achieve maximum heat exchange with ambient air, a movable surface (i.e., a raft) is positioned below the waterfall to further maximize the heat transfer efficiency. U.S. published patent application no. 200110047539 filed on behalf of Lynn discloses a swimming pool heating and cooling system similar to that disclosed in Lynn, supra. Though a couple ofdevicaes cited above disclose means for cooling swimming pool water, most are expensive, compli- cated and cumbersome to install. Furthermore, the effective- ness of such methods is minimal. The present invention pro- vides a cooling tower that can be easily coupled with au existing swimming pool recirculating water system; the cool- ing tower employs conventional evaporative cooling technol- ogy to conveniently and efficiently cool swimming pool waiter. SUMMARY OF THE INVEN ZION The present invention relates to a method and apparatus for cooling swimming pool water. The apparatus comprises an evaporative cooler including a hollow tower having an open upperend, one or more outerwalls, a lower end and an interior chamber. Positioned near the upper end is a motor operated fan. Received within the tower interior at a predetermined distance beneath the fan is a rotary water distribution header having a plural ity ofdisperAng apertures thereon. The header is preferably in fluid communication with the swimming pool recirculating water system. Immediately beneath the distri- bution header is a layer of fill medium having a predetermined height that atomizes falling water into droplets. Immediately beneath the fill medium is a reservoir for collecting water exiting the medium.A pump is positioned, within the reservoir 5 that operates intermittently to prevent the reservoir from over- flowing. The method according to the present invention includes diverting a stream of swimming pool water, preferably from the swimming pool filtering system, to the water header. The i r existing water pressure within the recirculating water system causes the header to rotate while dispensing streams of water through the apertures and onto the fill medium. The water streams are atomized as they traverse the medium. so as to enlarge the surface area available for direct contact with is ambient air. Contemporaneously, the electric fan is activated which pulls ambient air upwardly through the fill where it contacts the atomized water thereby initiating evaporative cooling. The resulting cooled water falls into the reservoir where it is returned to the swimming pool recirculating water 20 system, or alternatively directly to the swimming pool basin.. It is therefore an obiect of the present invention to provide a method and apparatus that effectively and efficiently cools swimming pool water. It is another object of the present invention to provide a 25 method and apparatus for cooling swimming pool water that uses evaporative cooling principles to effectively and effi- ciently cool swimming pool water. Other objects; features and advantages of the present invention will become readily apparent from the following Yl detailed description of the preferred embodiment when con- sidered with the attached drawings and the appended claims. BRIEF DESCRIPTION OF THE DRAWINGS 35 FIG. 1 is a cross-sectional view of the cooling apparatus according to the present invention. FIG. 2 is a plan view of the cooling apparatus according to the present invention. 40 DESCRIPTION OF THE PREFERRED EMBODIMENT. A typical swimming pool includes a recirculating water system that diverts the swimming pool water to a filtering 45 mechanism. The recirculating system includes a pump with a suction and return line coupled therewith. The pump typically transfers water from the swimming pool bottom, through the suction line to the filtering mechanism. The return line extends from the filtering mechanism to the pool basin for s5o returning filtered water thereto. Referring now to FIGS. 1 and 2, the present invention relates to a method and apparatus for cooling swimming pool water within a swimming pool of the type described above. The apparatus includes an evaporative cooler, depicted gen- s erally at 1, including a hollow tower 2 having; an open upper end. 3, one or more outer walls 4, a lower end 5 and an interior chamber 6. Positioner) near the upper end is a motor 25 operated tan 7. Positioned within the tower interior at a pre- determined distance beneath the fan is a rotary water distri- 6o bution header 8 having a plurality of dispensing apertures thereon. The header is in fluid communication with the recir- culating water return he. Immediately beneath the distribution header is a layer of fill medium 9 having a predetermined height that atomizes 65 falling streams of water into droplets. Proximal the lower end of the tower is a reservoir 10 for collecting water exiting the medium. The reservoir includes an inlet port 27 that is in fluid US 7,624,589 B1 communication with the distribution header and an outletport 30 that is in communication with the recirculating system suction line. Alternatively, a designated line extends from the tower outlet to the swimming pool basin, if for example, the cooling system is being installed simultaneously with the construction of new pool. A pump 11 is positioner) within the reservoir that operates intermittently to prevent the reservoir from overflowing. The pump includes an exposed inlet and an outlet that is in fluid communication with the recirculating water suction line, or the designated line, mentioned supra. During normal opera- tion, water is pulled through the reservoir pump 11 by the recirculating filter system pump and into the suction line for return to the swimming pool. Alternatively, the reservoir pump delivers it directly to the swimming pool basin via the designated line. The reservoir pump includes a float activated switch means 12 for activating the pump when the fluid level within the reservoir exceeds a predetermined level whereby the sump pump supplements the filtering system pump to lower the fluid level within the reservoir. Accordingly, valves are positioned an the tower inlet and outlet water lines which are adjusted to maintain a minimal water level within the reservoir so as not to cavitate the pool recirculating pump. The method according to the present invention includes diverting a stream of swimming pool water, preferably from the swimming pool filtering system, to the water header. The existing water pressure within the recirculating water system causes the header to rotate while dispensing streams of water through the apertures and onto the fill medium. The water streams are atomized as they fall through the medium so as to enlarge the surface area available for direct contact with ambient air. Contemporaneously, the electric fan is activated which pulls ambient air upwardly through the fill medium where it contacts the atomized water thereby initiating evapo- rative cooling. The resulting cooled water falls into the res- ervoir where it is returned to the swimming pool recirculating water system. The above described device is not limited to the exact details of construction and arrangement of parts provided herein. Furthermore, the size, shape and materials of con- struction of the various components can be varied. Although there has been shown and described the preferred embodiment of the present invention, it will be readily appar- ent to those skilled in the art that modifications may be made thereto which do not exceed the scope of the appended claims. Therefore, the scope of the invention is only to be limited by the following claims. What is claimed is: 1. In combination with a swimming pool having a swim basin with water therein, a suction line extending from the basin to a filtering system and a return line extending from the filtering system to the basin, an apparatus for cooling water within the basin comprising: a hollow tower having an upper end, a lower end and an interior, a motorized fan positioned at the upper end of said tower; a water distribution header positioned beneath said fan, said distribution header in fluid communication with said return line, said header having a plurality of dis- pensing apertures thereon; a fill medium received within said tower interior and posi- tioned beneath said header, said medium configured to atomize streams of water coming in contact therewith; a reservoir positioned beneath said medium, said reservoir 5 in fluid communication with said basin whereby said fan pulls ambient air upwardly through said atomized streams of water to invoke evaporative cooling thereof allowing cooled water to be collected in said reservoir and redirected to said basin. tc) 2. The apparatus according to claim 1 further comprising an overflow pump received within said reservoir for draining said reservoir in an overflow condition. 3. The apparatus according to claim 2 further wherein said pump includes an automated actuation means for automati- cs tally activating said pump when fluid within said reservoir exceeds a predetermined level. 4. A swimming pool cooling system comprising: a swimming pool having a sw itn basin with water therein; a suction line extending fromthe basin to a filtering system; 20 a return line extending from the filtering system to the basin; a recirculating pump connected to said suction line and said return line for transferring water from said swim basin to a filtering system and back to said basin; 25 a hollow tower having an upper end, a lower end and an interior; a motorized fan positioned at the upper end of said tower; a water distribution header positioned beneath said fan, said distribution header in fluid communication with 30 said return lime, said header having a plurality of dis- pensing apertures thereon; a fill medium received within said tower interior and posi- tioners beneath said header. said medium configured to atomize streams of water coming in contact therewith; 35 a reservoir positioned beneath said .medium, said reservoir in fluid communication with said basin whereby said fan pulls ambient air upwardly through said atomized streams of water to involve evaporative cooling thereof allowing cooled water to be collected in said reservoir 40 and redirected to said swim basin. 5. The apparatus according to claim 4 further comprising an overflow pump received within said reservoir for draining said reservoir in an overflow condition, said overflow pump including an exposed inlet, and an outlet in fluid communi- 45 cation with said suction line. 6. The apparatus according to claim 5 further wherein said overflow pump includes an automated actuation means for automatically activating said pump when fluid within said reservoir exceeds a predetermined level. so 7. Ttte apparatus according to claim 6 wherein said auto- mated actuation means for automatically activating said pump when fluid within said reservoir exceeds a predeter- mined level includes a float activated switch means on said reservoir pump for activating the pump when the fluid level 55 within the reservoir exceeds a predetermined level whereby the overflow pump supplements the recirculating pump to lower the fluid level within the reservoir. S. The apparatus according to claim 7 further comprising means for manually adjusting the minimal water level within 60 the reservoir so as not to cavitate the swimming pool recircu- lating pump. Commercial Pool Cooler System Village of Nprth Palm Beach Submittals: FAMILY POOLS INC* 873 SW South Macedo Blvd. Pt. St. Lucie, FL 34983 License # CPC1456929 1-866- 294-4011 772-785-9558 fax w yq Installation and user manual is all inclusive meeting the submittal requests below: A. Product Data: Submit manufacturer's product literature and installation instructions. B. Drawings: Provide dimensional layout of complete system offered D. Maintenance Data: Provide manufacturer's operation manual, maintenance and care instructions, and instructions for care and cleaning of the finish. INSTALLER MUST READ ENTIRELY BEFORE AMENTE A DEINSTALARI i 7 ... PATENT NO: US 7,624,589 131 MADE IN THE USA instrucciones De Instalacion Manual De Servicios Aplica Para Todo Tipo D Modelos 251` ROUGH GPC -2100 SERIES Descle Series GPC 25 a Series 2100 GPC 25 -2100 SERIES CopVwrite 2018 GLACIER POOL COOLERS, LLC P.O. BOX 5198 SCOTTSDALE, AZ 85261 PHONE: (480)272-7700 FAX: (866)276-2083 www.glacierpoolcoolers.com GLACIER POOL COOLERS, LLC This product must be installed and serviced by authorized personnel, qualified in pool equipment installation. Improper installation and/or operation could cause serious injury or property damage. Improper installation and/or operation will void the warranty. When installing and using this electrical equipment, basic safety precautions should always be followed, including the following: READ t FOLLOW ALL •'' BEFORE INSTALLATION! 2. WARNING: TO REDUCE THE RISK OF INJURY, DO NOT PERMIT PRODUCT r CLOSELY SUPERVISED j 1 POOL COOILERS GLACIER POOL COOLERS, LLC F01*190M Este producto debe ser instalado por personal autorizado, especializado en aparatos de instalacion para albercas. Instalacion inapropiada y/o use incorrecto puede causar serias lesiones o danos a la propiedad. Instalacion inapropiada y/o use indebido anulara la garantia. Precauciones- seguriclad deben- usar este material Leer y seguir instrucciones antes de instalarl 2. M producto para reducir el M. 3. Guardar estas instrucciones.•clesecharl Estregar este manual al clueno de la albercall AM A" h j POOL COOLERS GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 Adequate knowledge of pool cooler maintenance and control is necessary for optimum safe performance over time. In this manual, equipment, function, operation, and checking procedures will be described as follows: CAUTIONS DURING OPERATION Keep hands and foreign objects away from fan motor and assembly at all times. Since the cooling performance will be affected by the volume of the circulating water, be sure to maintain the regulation of water flow at all times. Keep the interior of the cooler always clean and take care that no scale, calcium, salt, or debris accumulates. When the level of the water in the basin drops, air is sucked in and cavitation may develop; therefore, it is necessary to keep the water at the proper level at all times. It is important to note that the water level should rise and fall with the pump operation. DO NOT try to balance the water level as doing so will eventually result in the basin being sucked dry and WILL NOT ALLOW WATER TO YOUR POOL PUMP, WHICH IN RESULT COULD DAMAGE THIS PUMP. WARRANT' I I R ATIiNi The Glacier Pool Cooler is sold with a limited factory warranty. A copy of the warranty is included in a plastic bag inside the cooler and on the back cover of this manual. The warranty does not cover damage caused by improper installation, operation, or field modification; or damage caused by corrosive water. See section on pool water chemistry and salt water pool disclaimer for guidelines. Glacier Pool Coolers, LLC warrants all parts to be free from manufacturing defects in materials and workmanship for a period of one year from the date of retail purchase, with the following exceptions: o Residential & Commercial models will be covered for two years You can register your unit by emailing the following information to registration @glacierpoolcoolers.com: PURCHASE DATE RETAILER PURCHASED FROM MODEL NO SERIAL NO (located on fan motor plate) YOUR NAME, INSTALLED ADRESS, AND PHONE NUMBER GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 1:141 11, 4 Conocimiento adecuado y control del mantenimiento es necesario para un desempeho 6ptimo. El use correcto del material serA descrito a continuac16n: 11 11 111 1111111 - I IIIII I I 1 . 1 10oii1 F711i I• A IN l I 1 10, 1- IL I II All IL M= Mant6n manos y objetos exteriores lejos del motor del ventilaclor El desempeho de la unidad de enfriamiento sera afectada par el volumen del flujo de ag'ua asegorate de mantener la regulaclo'n del flujo a corriente del agua at margen para prevenir fallas. Mante&n el interior de la unidad de enfriamiento siempre limpio y asegu'rate que ning6n tipo de escombros, 6xidos, a desechos se acumulen. Cuando, el nivel de la toms de agua baja, aire se aspira en vaclo. Esto puede causar evaporizacio'n, mss correctamente cavidades, par to cual es necesarlo mantener un nivel de agua correcto para prevenir dahos. Es importante saber que el agua debe estar en el nivel marcado, en ]as regulaciones de la bombs de agua. NO SE RRECOMIENDA tratar de balancear el nivel de agua porque el tubo, sera aspirado en seco, y no dejara que el agua fluya a la bomba de la alberca, LO CUAL CAUSARA DANOS ALA BOMBA. A' Glacier Pool Cooler se vende can una garantfa limitada de f6brica. Una copia de la garantia estA incluida en una balsa plAstica dentro de la unidad de enfriamiento y otra en la parte posterior de este manual. La garantfa no cubre dahos causados par in5talaci6n mal hecha. Glacier Pool Coolers, LLC da un aflo de garantla en todas las piezas desde el dia de la compra, con la excepci6n de: 0 Piezas comerciales para albercas comerciales sera'n cubiertas par dos ahos. Puedes registrar to unidad mandando la siguiente informacio'n a registration@glacierpoolcooIers.com: FECHA DE LA COMPRA LUGAR DE COMPRA HUMERO DE MODELO NOMERO DE SERIE (localizado en lei placa del motor del ventilador) NOMBRE, LUGAR DONDE SE a6 LA iNsTALAcift Y NOMERO DE TEL&ONO. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 installer Needs To Check The Following BEFORE Installation: 1. Tighten any loose nuts and bolts on ALL areas outside of the pool cooler (visible) from top to bottom. These can come loose by vibration during shipping. 2. Tighten ALL bulkhead fittings at the bottom of the unit. This is done by tightening the union o - ring on the inside of the unit's basin. 3. Make sure the unit is leveled on the surface where it is being installed. 110 MANUAL OPERATION Close main drain. (This is the far left 1" line with ball valve at the bottom basin.) Turn pool pump on. Open center valve (about 10 % open) to the two o'clock position. This is the input line to the pool cooler. (installer should marked this valve after setting) Look through hand hole cover. Sprinkler wands should be turning at a "moderate" medium speed. If sprinkler wands aren't turning, slightly open center valve more to allow increased water flow and air out of the line which will activate wands. If sprinkler wands are moving too fast, close valve off more. (if water is splashing through the top of fan guard it is too fast.) Wait approx. 30 seconds while basin fills with water. Open right valve (about 10-12% open) to the two % o'clock position. This is the output line back to the pool. The chilled water will drain out slowly. If the water does not show it is draining, open your valve a little bit more until you see it draining down. THIS IS YOUR SET POINT ON THE OUTPUT LINE. You want the water to drain completely and then rise again to the sump pump float switch. Then the sump pump will turn on drain the water basin again. This is how the cooler works with water flow going up and down. DO NOT BALANCE THE WATER LEVEL, THIS WILL CAUSE OVERFLOWING OR CAVITATION. (installer should mark valve after setting) Turn fan switch to the on position in the switch box or with your automated controls. Setting inlet and outlet lines improperly can cause large scale water loss or flooding. Special attention must be made each time cooler is operating especially after any change to pool water pressure. Glacier Pool Coolers, LLC cannot be responsible for such water loss or flooding or resulting damage. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 INSTRUCCI S I IENTO REVISA LA UNIDAD DE ENFRIAMIENTO Installaclor necesita revisar lo siguiente antes de empezar con la installacio, n: 1. Apretar tornillos que se encuentren sueltos o mal puestos de arriba a abajo en TODAS las areas exteriores (visibles) de la unidad de enfriamiento para albercas, Estos se pueden aguadar por la vibraci6n causada al momento de manelo y envi6. 2. Revisar partes interiores y exteriores para asegurarte que toclas las partes estdn aseguradas y los sellos que se encuentren en la parte de abajo de la unidad se encuentren apretados. 3. Asegdrate de que la unidad este nivelada en la superficle donde sera instalada. 0 ENFRIAMIENTO MANUAL DE FUNCIONAMIENTO Clerra el drenale principal (este es el ultimo en la izquierda con la valvula redonda en la parte baja de la tuber1a) Prencle la bomba de is alberca Abre la valvula que se encuentra en el centro (alrededor de un 10%) con las manecillas de un reloj en la posici6n de las dos. Esta es la linea de introducci6n para unidad de enfriamiento. (Instalador debe marcar esta valvula despue's de colocaci6n) Ve a trave's del agujero y aseg6rate de que la rociadora/regadera este clando vueltas en una velocidad mediana o "moderada". Si las manecillas de la rociadora no esta'n clando vueltas, abre un poco ma's la valvula del centro para permitir mAs corriente de agua y ventilaci6n, esto activara la rociadora. De lo contario, si estas van a una velocidad muy r6pida sierra la valvula un poco m6s. (si aqua solpica a trav6s del ventilador de arriba esto quiere dedr que est6n en una velocidad muy alta y deben ser puestas en una velocidad mediona.) Espera aproximadamente 30 segundos a que I@ cisterna o tuberla se Ilene de agua. Abre la valvula derecha (alrecleclor de un 13%) con las manecillas de un reloj en la posicio'n de las dos Y2. Esta es la linea de salida que regresa a la alberca. El agua fresca saldr6 lentamente. Si no sale agua abre un poco mas ]a valvula asta que salga agua. ESTE ES EL AJUSTE DE LA LINEA DE SALIDA. Deja drenar el agua completamente y luego subira de nuevo al nivel correcto donde se encuentra el interruptor de la bomba. Esto activara la bomba y volverS a drenar el agua. Con el flujo de agua yendo de arriba para abajo es corno funciona la unidad de enfriamiento. NO TRATES DE BALANCIAR EL NIVEL DE AGUA, ESTO CAUSARA INUNDACION Y DAROS ALA WDAD. (Instaladordebe marcar valvula despu6s de colocaci6n) Prencle el interruptor del ventilaclor manualmente o con los controles automatizados Colocaci6n incorrecta de las llneas de salida y entrada pueden causar perdida de agua e inundacl6n. Atencl6n especial debe ser tomada cada vez que el sisterna de enfriamiento este en funcionamiento, especialmente despu6s de cualquier cambio a la presi6n de agua en la alberca. Glacier Pool Coolers, LLC no se hari responsable par dahos a la propiedad, perdida de agua e/o inundaciones. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 IMPORTANT: OPERATE AND RUN YOUR POOL COOLER OVERNIGHT FOR MAXIMUM COOLING CAPACITY. A MINIMUM OF 10 TO 12 HOURS IS REQUIRED. WE DO NOT RECOMMEND OPERATING POOL COOLER DURING DAYTIME HOURS ONLY. THE HEAT FROM THE SUN AND DAYTIME TEMPERATURES WILL OVER POWER THE CHILLING PROCESS. 0 Turn the fan switch to the OFF position orturn your automated controls OFF to the chiller. Close the center and right valves and open the main drain valve and leave open until next use. THE COOLER SHOULD BE LEFT IN THIS POSITION WHEN NOT IN USE! FAILURE TO FOLLOW THESE INSTRUCTIONS COULD RESULT IN BURNING UP THE SUMP PUMP SYSTEM! During summer months of operation, you DO NOT have to open and close the valves after every chilling cycle. Your check valves in line will hold the water in the pool coolers basin and will allow your pool pump to turn on and re -cycle and prime itself for the next day use. The pool cooler will keep cycling the pool water back through to the pool. TO WINTERIZE YOUR POOL COOLER PLEASE FOLLOW THE INSTRUCTIONS ABOVE FOR TURNING OFF THE POOL COOLER. These instructions are for manual operation. if system is automated refer to your automated system instructions. Clean Basin Open the drain at the bottom of the water basin and drain. Remove dirt and debris and clear suction holes at base, of pump and basin with pool water or hose as needed. Close the drain for start of operation. Clean Fan Guard Clean leaves, pine needles, and any other debris from the top of the cooler on or around the fan guard. Check inside Remove hand hole cover an I d inspect interior of cooler. Remove any debris from top of PVC filling by reaching through the hand hole cover. ALWAYS MAKE SURE COOLER IS COMPLETELY TURNED OFF BEFORE REACHING INSIDE THE UNITI NEVER PLACE HAND INSIDE UNIT WHEN FAN MOTOR IS ONI GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 IMPORTANTE PRENDE LA UNIDAD DE ENFRIAMIENTO DURANTE LA NOCHE PARA MAXIMA CAPACIDAD DE ENFRIAMIENTO. UN MfNIMO DE 10 A 12 HORAS ES REQUERIDO. NO RECOMENDAMOS OPERAR LA UNIDAD DE ENFRIAMIENTO DURANTE EL Df.A. LOS RAYOS SOLARES Y TEMPERATURAS HOMEDAS NO PERMITIRAN QUE LA UNIDAD DE ENFRIAMIENTO FUNCIONE DEBIDAMENTE. Apaga el interruptor de luz o simplemente presiona el bot6n de apagar que se encuentra localizado en las controles autornatizados. Cierra [a valvula del centro y la de la derecha. Abre la valvula de drenaje principal y de'J'ala ablerta hasta el pr6ximo uso. LA UNIDAD DE ENFRIAMIENTO DEBE SER DEJADA EN ESTA POSICION CUANDO NOSE ENCUENTRA EN USOI FALLO AL SEGUIMIENTO DE ESTAS INSTRUCIONES PUEDE RESULTAR EN DAROS ALA UNIDAD Y AL SISTEMA DE BOMBAS. Durante los d(as de verano, NO tienes que abrir y cerrar las valvulas despue's de cada uso. Las valvulas funcionaran por si mismas en ciclos. Las valvulas retendrAn agua en la cisterna del sistema y dejara que la bomba se active y este lista para el siguiente dfa. SIGUE LAS INSTRUCCIONES DE ARRIBA PARA APAGAR LA UNIDAD EN TIEMPOS DE INVIERNO. Estas instrucciones son porofundonomlento manual. Refl6rete a las instrucciones de sistema automatizodo si el sistema es outom6tico. MANTENIMIENTO UMPIA LA CISTERNA Abre el drenaje de abajo y deja que salga el agua. Rernueve escornbros y desechos acumulados, limpia con el agua de la alberca o con una manguera todos los agujeros donde el agua es succionada. Cierra el drenaje al terminar. LIMPIA LA BARRERA DEL VENTILADOR Rernueve hojas de alrboles, escombros, polvo, y cualquier otro tipo de basuras que se encuentren alrecledor de este para permitir que funcione correctarnente. REVISA EN LA PARTE INTERIOR DE LA UNIDAD Inspecciona la parte interior para asegurarte de que el sistema se encuentre limpio y libre de escornbros. ANTES DE METER LA MALO 0 CUALQUIER ARTICULO DE LIMPIEZA ASEGURATE DE QUE EL SISTEMA ESTE APAGADO COMPLETAMENTE. NUNCA METAS LA MANO SI EL SISTEMA ESTA CORRIENDO Y LOS VENTILADORES ESTEN PRENDIDOSI GLACIER POOL COOLERS, LLC POBOX 5198 SCOTTSDALE AZ 85261 (480)272'7700 Pmol Water Chemistry Failure to maintain pool water chemistry can result in rusting, corrosion, or scaling buildup onyour pool cooler. The proper chemical balance inyour pool water should be the following: pH level between 7.2 and 7' 8 Total Alkalinity (TA)between 8O'12Dppm Total Dissolved Solids (TDS) less than 2000 Salt Water Pools* Understand that salt is e corrosive mineral. Salt likes to remove ions and can take zinc away from galvanized steel and this type of chlorine is five times harder on pool equipment than regular chlorine. As such, use of salt system may lead to the deterioration of certain materials if salt |mwm|s exceed the manufacturers limits. Steps should be taken to protect your pool cooler and keep it in good working operation for many years. Our units are made of reinforced fiberglass, with galvanized steel components, Homeowner or operator MUST HOSE DOWN WITH FRESH WATER REGULARLY ON THE FAN PNCJTON SHAFT AND FAN MOTOR HOUSING ASWELL A5THE SPRINKLER HEAD ASSEMBLY LOCATED THROUGH THE FAN GUARD (THIS |8THE CENTER PIECE CONNECTING THE SPRINKLER VVANDS).FAILURE TO D[3SQWILL CAUSE SALT RESIDUE BUILDUP AND WILL FREEZE UP THESE PARTS AND CAUSE DAMAGE. Keep these parts cleaned with fresh water regularly to reduce salt build up and rusting (from the fon motor housing and shaft tothe exterior visible nuts and bn|ts). Aowith all pool equipment there should be some expectation of cosmetic effects from the corrosiveness ofsalt water. These ummmnmtim effects will not hinder the operation ofthe pool cooler. Glacier Pool Coolers, LLC, however, does not warranty fan motors or pumps on salt water pools due to salt corrosion or bui|dup. All remaining parts are fully warranted as per our limited factory warranty. FAN MOTOR MAINTENANCE Homeowner and/or operator needs to annually spray the fan motor casing with Rustoleurn Paint ( color to match) to maintain the fan motor from rusting and/or corroding. This will keep the fan nnmtmr from rusting and keep its performance working for years to come. Keep all objects off the top of the cooler and do not obstruct louver openings in cooler sides. Blocking ventilation airflow may damage the cooler and void 11- ............... .... ... ... ....... GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 QUIMICA DE AQUA PARA ALBERCAS Faila al mantener la qufmica de agua en el nivel correcto puede resultar en oxidamiento y residuos no cleseados. El balance propio debe ser el siguiente: Nivel de pH debe ser entre 7.2 y 7.8 Alcalinidad debe estar entre 80-120 ppm Solidos disueltos deben mantenerse a menos de 2000 ALBERCAS DE AQUA SALADA* Debemos entender que la sal en un mineral que deja residuos. Ala sal le gusta remover ion, zinc y otras particulas en los materiales de albercas, como los materiales de acero galvanizado. Recuerda que este tipo de cloruro es cinco veces m6s fuerte que el cloruro regular para albercas. El use de este sisterna puede deteriorar ciertos materiales si el nivel de sal excede los 1(mites. Ciertos pasos deben ser tornados para proteger y mantener la unidad de enfriamiento trabajando y en been estado por muchos anos. Nuestras unidades son fabricadas con fibra de vidrio reforzado y componentes de acero galvanizado. El duefio de la unidad DERE ROCIAR REGULARIVIENTE LA PARTE EXTERIOR DE LA UNIDAD, LOS MOTORES DE LOS VENTILADORES Y LA PARTE CENTRAL DONDE SE ENCUENTRA LA CABEZA DE LOS ROCEADORES PARA MANTENER LA UNIDAD FRESCA Y EN BUEN ESTAD0. EL NO SEGUIR ESTAS INSTRUCCIONES PUEDE CAUSAR RESIDUOS DE SAL Y CONGELAR PARTES CAUSANDO DAFJOS. Se debe mantener estas partes limplas de adentro a afuera con agua fresca regularme para evitar residuos y 6xidos. El use de sal causara dartos cosm6ticos a la alberca. Estos dartos cosmelticos no afectaran el desempeno de la unidad de enfriamiento. Glacier Pool Coolers, LLC, no garantiza dartos a valvulas, bombas, o ventiladores causados por mal mantenimiento o residuo de sal. MANTENIMIENTO DEL MOTOR DEL VENTILADOR El duefio de la unidad debe rociar los motores anualmente con Pintura Rustoleurn (color que combine) para prevenir que los motores se oxiden. Esto mantendr6 los motores en buen estado por muchos aflos. Mant6n objetos - fuera de la unidad de enfriamiento. Quita objetos que obstruyan la ventilation, escases en el flujo de sire causara dartos a la unidad V anulara la garantia. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 All Glacier Pool Cooler models require correct installation to assure safe and satisfactory operation. The requirements for pool coolers include the following: 1. Appropriate site location and clearances. Cooler must be installed at least 18 inches away from buildings, walls, or fences made from material that could degrade from water exposure. Our coolers are open systems that may experience some water splatter or misting. 2. Sufficient supply clean air and ventilation around and above the unit. A minimum of a 5 foot clearance above the unit is necessary to avoid condensation on the structure above. 3. Adequate water flow is required by your existing pool pump. 4. Do not locate pool cooler in an enclosed room (i.e. maintenance room, garage, utility room, equipment room). 5. SEE INSTALLATION INSTRUCTIONS DIAGRAMS FOR APPROPRIATE INSTALLATIONS. When pool equipment is located below the pool surface, a leak from any component can cause large scale water loss or flooding. Installation MUS ' T have automated valves. Glacier Pool Coolers, LLC cannot be responsible for such water loss or flooding or resulting damage. SEE INSTALLATION DIAGRAMS FOR EXISTING AND NEW POOL SET UPS. AUTOMATION INSTRUCTIONS ARE LOCATED ON SEPARATE PAGES. WIRING All GPC -25 through GPC -220 models are single phase and require electrical power from a 115V 50/ 60 Hz source. All GPC -230 through GPC -2100 models are 3 phase and require electrical power from a 230/480V 50/60 Hz source. See installation diagrams for wiring instructions. A WARNING ELECTRICAL SHOCK HAZARD. Residential pool coolers contain low voltage wiring. Commercial pool coolers contain high voltage wiring. Contact with these wires may result in severe injury or death. Wiring errors can cause improper and dangerous operation. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 {480}272-7700 REQUERIMIENTOS GENERALES Todos los modelos de Glacier necesitan instalacion correcta para asegurarte de obtener satisfaccion y un buen desempeno. Los requerimientos son los siguientes: 1. Escoger lugar apropiado donde la unidad sera instalada, este debe ser un minima de 18cm lejos de paredes, edificios, rejas y cercas que se puedan deteriorar o humedecer por exposicion de agua. Nuestras unidades son sistemas abiertos que pueden salpicar agua. 2. Debe de a ver suficiente ventilacion, un mfnimo de 5 pies de altura es requerido para el buen desempeno de la unidad. 3. Flujo de agua adecuado en la bomba de la alberca es requerido 4. No instates la unidad en un cuarto cerrado y sin ningun tipo de ventilacion (garaje, bodega, cuarto, sotano, etc.) 5. Refierete al esquema de instalacion para instrucciones. Cuando el material de alberca se encuentra localizado debajo de la superficie de la alberca, cualquier gotera de algun componente puede causar gran perdida de agua a inundaciones. Instalacion debe tener velvulas autom6ticas para prevenir daflos. Glacier Pool Coolers, LLC no se ara responsables por perdida de agua, inundaciones y/o danos a la propiedad. REFIERETE ALMS ESQUEMAS PARA MAS INFORMACION. INSTRUCSIONES DE AUTOMATIZACION SERAN ENCONTRADAS EN PAGINAS SEPARADAS. ALAMBRADO Todos los modelos GPC -23 pasta GPC- 220 son de face individual y requieren una fuente de energia electrica de 115V 50/60 Hz. Todos los modelos GPC -230 pasta GPC -2100 son sistemas de 3 Eases, los cuales requieren una fuente de energia a un mas grande de 220/480V 50/60 Hz. Refierete a la pagina de esquernas de instalado'n para instrucciones de bra PELIGRO DE SHOCK ELECTRICO. Unidades de enfriamiento residenciales contienen alambrado de baja voltaje. Unidades de enfriamiento comerciales contienen alambrado de alto voltaje. Tener contacto con este alambrado puede resultar en lesiones graves o muerte. Instalacion inapropiada puede causar funcionamiento inapropiado y peligroso. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85251 (480)272-7700 EXCESS SPLATTER COMING FROM THE TOP OF THE COOLER If there is water droplets splattering out the top of the cooler you need to slow your sprinkler wands down. In order to do this simply restrict the flow of water coming into the unit by slowly turning the ball valve back on the 1N line. The wands should be turning at a slower of "walking" rate of speed. As a rule of thumb both the IN and OUT valves should be positioned at about the 2 o'clock position. MY COOLER ONLY DROPPED MY POOL DOWN BY 5 DEGREES. IS THERE SOMETHING WRONG? If a desirable drop in degrees is not established within an 8-12 hour period, there may need to be some use adjustments. Always make sure that the sprinkler wands are turning at a slower or "walking" rate of speed. it is recommended that the cooler run at night when the sun is off the pool. An initial drop in temperature should be expected overnight. if the sun warms the pool back up by afternoon, just turn the system on to keep your pool refreshing. Please be reminded that all pools are different and your pool's finish (i.e. dark bottom, pebble bottom), location (in the sun all day), and equipment location over 15 ft, run from equipment to pool), among other variables can cause different cooling results. It may take some time to figure out what settings suit your preferences. You might need to run the cooler for a longer period of time. iS THE WATER SUPPOSED TO FILL UP IN THE BASIN AND THEN DRAIN EVERY FEW MINUTES? Yes. The cooler is designed so that the cool water collects in the basin and the internal pump system kicks on and pushes the water back into your pool. You should never try to balance the water flow as this will eventually cause cavitation in your pool pressure. DO NOT TRY TO BALANCE TO WATER LEVEL IN YOUR COOLER'S BASIN! THE LEVEL IS SUPPOSED TO GO UP AND DOWN. WHAT DO I NEED TO DO TO WINTERIZE MY COOLER? You must keep your IN and OUT valves closed and your main drain ball valve (the bottom left valve) open so the system is drained and will stay empty from rain water. If water stays in the basin over the off-season it could potentially burn up your pump. You may also want to purchase a cover or tarp to keep any leaves or debris out of the fan area and basin especially if the cooler is under or around trees or bushes. Upon start-up at the beginning of the summer season, make sure the unit is clear of debris especially around the pump. A good hose down should do the trick. SUMP PUMP IS NOT WORKING The sump pump float switch is the power switch to the pump. If the float switch is stuck and does not activate the pump, pull one side louver out and reach into the basin and see if you can manually move the float switch up to activate the pump. If the pump vibrates, there is power to it. If the water level still does not reduce in the basin then there may be some debris stuck in the impeller which is located at the bottom of the pump. Cleaning this out should solve that problem. If the float switch goes up and there is no vibration, the wiring configuration and/or power to the pump should be looked at. ALL POOL COOLERS ARE TURNED ON AND TESTED IN THE FACTORY PRIOR TO SHIPPING. GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 AGUA SIENDO SALPICADA EXESIVAMENTE POR LA PARTE SUPERIOR DE LA UNIDAD Si ay exceso de aqua salpicando fuera de la unidad esto quiere decir que las rociadoras estan puestas en una velocidad muy alta. Para solucionar este problema simplemente baja la velocidad. Como regia para prevenir problemas futuros, ambas bombas de ENTRADA y SALIDA deben ser colocadas en la posicion de un reloj de manecillas en alrededor de las dos, para mantener una velocidad "moderada". LA UNIDAD DE ENFRIAMIENTO SOLO ISO UN DESENSO DE 5 GRADOS ALA TEMPERATURA ACTUAL DE MI ALBERCA. AY ALGO MAL? Si la temperatura deseada no se establece en un. promedio de 8-12 horas, sera necesario hacer ajustes at use y manejo de la unidad. Siempre asegurate de que los rociadores esten corriendo en una velocidad moderada". Es recomendado que la unidad funcione en la noche cuando los rayos solares se encuentren fuera de la alberca. Un inicio en et descenso de temperatura debe ser alcanzado durante to noche. Si at siguiente dfa los rayos solares calientan un poco la temperatura del agua, simplemente prende el sistema para mantener el agua fresca. Debemos recordar que todas las albercas son diferentes, el lugar donde se encuentre estableeida la alberca (todo el dfa bajo el sol), y los acabados del material en la alberca tendran mucho que ver en el desempeno de la unidad. Puede tomar un tiempo para descifrar que tipo de arreglo se ajusta mejor a to preferencia. EL AGUA DEBE SUBIR COMPLETAMENTE A LA CISTERNA V LUEGO SER DRENADA CADA POCOS MINUTOS? Si. La unidad es disenada para este tipo de funcionamiento. Agua debe ser colectada en la cisterna y luego drenarse par sf misma, y asi sucesivamente para mantener el aqua fresca en la alberca. Nunca debes tratar de balancear el nivel de flujo de ague ya que esto causara danos a la presion del agua en la alberca. NO TRATES DE BALANCIAR EL NIVEL DE AGUA EN LA CISTERNAI EL NIVEL DE AGUA DEBE SUBIR Y BAJAR. QUE NECESITO HALER PARA PREPARAR MI UNIDAD PARA LA TEMPORADA DE INVIERNO? Debes mantener las valvulas de ENTRADA y SALIDA cerradas y la valvula de drenaje principal {localizada en la parte baja del lado izquierdo) abierta, asi et agua sera drenada y la unidad se mantendra fibre de agua causada par Iluvias. Si se deja agua adentro de la cisterna durante la temporada de invierno puede causer que el sistema se queme. Tambien ay que tomar en cuenta que si la unidad se encuentra colocada abajo o cerca de arboles a arbustos una manta debe ser colocada arriba de to unidad par esa temporada para prevenir acumulacion de escombros. Al comienzo de verano y antes de prender el sistema debes asegurarte de que la unidad se encuentre limpia y fibre de escombros, especialmente alrededor de la bomba de agua para un buen desempeno. LA BOMBA DE LA CISTERNA NO FUNCIONA Si el interruptor de la bomba esta atorado y no activa el funcionamiento correcto, quita una de las persianas que se encuentran localizadas en los lados superiores de to unidad y prende el interruptor de la bomba manualmente. Si la bomba de agua vibra esto quiere decir que si funciona, de to contario la configuracion de alambrado o/y conexion deben ser revisados. Pero si el nivel de agua sigue sin GLACIER POOL COOLERS, LLC PO BOX 5198 SCOTTSDALE, AZ 85261 (480)272-7700 SPRINKLE WANDS ARE STUCK AND ARE NOT SPINNING Make sure all power is turned off to the unit. Take the hand hole cover off on the side panel of your cooler. DANGERIll MAKE SURE YOUR FAN MOTOR IS NOT RUNNING! Reach into the hand hole to the sprinkler head assembly located in the center of the cooler. Spin the assembly clockwise to see if it is moving freely and to make sure that there is no debris in or around the wands. If there is debris clean accordingly. Our units require pressure to allow the wands to spin. You may need to increase water flow by opening the "IN" valve to the cooler to make the wands spin. COOLER IS OVERFLOWING Immediately shut the valves "IN' and "OUT" of the cooler. Check to make sure that there is power to the pump. Follow instructions above for sump pump troubleshooting. CONTROL THE TEMPERATURE OF MY POOL Our residential coolers do not come with thermostat controls. Cooling is determined by the run time of your pool pump. if it's too cold, cut back your hours. If it's not cool enough, run your pump longer. Now if your pool is automated our pool cooler can integrate into your system and a temperature range can be set through your automated system. Abi POOL COOLERS Glacier Pool Coolers, LLC and Glacier Pool Coolers is a registered trademark. All other brand names, products names or trademarks belong to their respective holders. GLACIER POOL COOLERS, LLC PO BOX 5148 SCC7TTSDALE, AZ 85261 (480272-7700 funcionar correctamente es sepal de que escombros se encuentran atorados en la parte baja de la bomba. El limpiar la bombs Bebe solucionar el problems. TODAS LAS UNIDADES SON PRENDIDAS Y PROBADAS EN LA FABRICA ANTES DE SER ENVIADAS Y VENDIDAS. LA UNIDA SE ESTA SOBRE LLENANDO Inmediatamente apaga las valvulas de "ENTRADA" y "SALIDA". AsegUrate de revisar que todas las conexiones funciones. Las bombas de agua pueden encontrarse atoradas o tapadas, sigue las instrucciones del parrafo anterior para solucionar el problems. LAS MANECILLAS DE EL ROCIADOR ESTAN ATORADAS Y NO ESTAN EUNCIONANDO Para empezar asegurate de que toda conexio'n este apagada, PEL1GRO111 ASEGURATE DE QUE LOS MOTORES DEJEN DE CORRERI Luego mete la mano y mueve [a cabecilla del rociador manualmente para asegurarte de que funcione, desatorala si esta no da vueltas por si sola. Revisa que se encuentre libre de escombros ya que esto puede ser la causa del problema. Nuestro sistema requiere presi6n para permitir que las manecillas funciones, incrementa el flujo de agua abriendo la valvula de "entrada", esto solucionara el problema y ara girar las manecillas regularmente. COMO CONTROLAR LATEMPERATURA DE MI ALBERCA Nuestras unidades residenciales no vienen con un control de termostatos. El enfriamiento depende del tiempo en que dejes prendido el sistema. Si el agua esta muy fria necesitas dejar operar la unidad por menos tiempo. De to contario, dejala correr par mss tiempo si no esta to suficientemente fria. Ahora, si to alberca es automatica nuestra unidad se puede integrar en to sistema y una temperatura fija puede ser establecida a traves de to sistema automatizado. PARA CUALQUIER DUDA 0 PREGUNTA PUEDEJv Glacier Pool Coolers, LLC y Glacier Pool Coolers son una marca registrada. Todos los demas productos, y marcas de renombre pertenecen a sus respectivos duenos. 1 M* 6 0 r a FAN MOTOR FRP CASING , FAN ASSEMBLY Ih , SPRINKLER WAND ASSEMBLY PVC FILLING Y. . GLACIER POOL COOLERS, LLC PO BOX S'Ws8 SCOii SDALE, AZ 85761. 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E m 0a M 0 m 0. o 4A CL L m L4 A 0 L. ry C tA 0 0) m CL llii 1111i Glacier Pool Coolers, LLC warrants all parts to be free from manufacturing defects in materials and workmanship for a two year period from the date of retail purchase, with the following exceptions: Residential & Commercial models will be covered for two years This warranty is limited to the first retail purchaser, is not transferable, and does not apply to products that have been moved from their original installation sites. The liability of Glacier Pool Coolers, LLC shall not exceed the repair or replacement of defective parts and does not include any costs for labor to remove and reinstall the defective part, transportation to or from the factory, and any other materials required to make the repair. This warranty does not cover failures or malfunctions resulting from the following: Failure to properly install, operate or maintain the product(s) in accordance with our published Installation and Operation Manual provided with the product(s). The workmanship of any installer of the product(s). Not maintaining a proper chemical balance in your pool water [pH level between 7. 2 and 7.8, Total Alkalinity (TA) between 80 and 120 ppm, Total Dissolved Solids (TDS) less than 2000]. Abuse, alteration, accident, fire, flood, lightening, rodents, insects, debris, negligence, or acts of God. Scaling, freezing, or other conditions causing inadequate water circulation. Use of non -factory authorized parts or accessories in conjunction with the product(s). Chemical contamination or improper use of sanitizing chemicals. Incorrect wire runs, improper electrical supply, collateral damage caused by improper operation and maintenance. Damage or corrosion from, or buildup of salt on'fan motors, pumps, or any other moving or non-moving parts resulting from a salt chloronation/generating pool. See salt pool disclaimer in Operations Manual. Damage from shipping/freighting from manufacturer. LIMITATION OF LIABILITY: This is the only warranty given by Glacier Pool Coolers, LLC. No one is authorized to make any other warranties on Glacier Pool Coolers, LLC's behalf. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. GLACIER POOL COOLERS, LLC EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES FOR BREECH OF ANY EXPRESSED OR IMPLIED WARRANTY. This warranty gives you specific legal rights. You may also have other rights which vary by state of province. WARRANTY CLAIMS: For prompt warranty consideration, contact your dealer and provide the following information: Proof of purchase, model number, serial number, and date of installation. The installer will contact the factory for instructions regarding the claim. If the dealer is not available, you can find an authorized service provider in your area by visiting www.glacierpoolcoolers.com or by calling our technical support department at 480.272.7700. All returned parts must accompany a return authorization number issued by Glacier Pool Coolers, LLC and require inspection prior to a warranty being fulfilled. Glacier Pool Coolers, LLC has the right to replace any warranty claim with a refurbished part. All replacement parts are warranted for the initial one year from date of purchase. GLACIER POOL COOLERS, LLC . PO BOX 5198 . SCOTTSDALE, AZ 85261 PH: 480-272-7700. FAX: 866-276-2083 GLACIER POOL COOLERS, GARANTIAA A Glacier Pool Coolers, LLC garantiza que todas las partes estan fibres de defectos defabricacion por un periodo de un ano a partir del dia de la compra, con las siguientes excepciones: Modelos comerciales en albercas comerciales seran cubiertos por dos anos. Esta garantia es solamente para el cliente original, no es transferible, y no aplica a productos que hayan sido movidos del lugar original de iinstalacion. La obligacion de cobertura de Glacier Pool Coolers, LLC no debe sabre pasar la reparacian y remplazo de partes defectuosas y no cubre los costos de reinstalacian, transportacian, u otro tipo de materiales necesarios para hater la reparacian. Esta garantia no cubre danos causados par: Instaiacian mal hecha, no seguir las instrucciones de este manual, o mal mantenimiento de la unidad. Mano de obra mal proporcionada al producto. No mantener la unidad en un balance quimico apropiado [nivel pH entre 7.2 y 7.8, Alcalinidad (TA) entre 80 y 120 ppm, un total de solidos disueltos (TDS) de menos de 2000] Abuso, Alteracian, accidentes, fuego, insectos, oxidacian, negligencia, o danos causados por la naturaleza. Congelacion, u otras condiciones que causen circulaci6n de agua inadecuada. Uso de partes o accesorios no aprobados para is unidad. Contaminacio'n quimica o use inapropiado de quimicos desinfectantes. Mal funcionamiento o mala instalacion/conexian de alambrado. Acumulacian de sal en los motores, bombas, o cualquier otra parte movible a no movible de la unidad. Danos causados por el flete/envia. LIMITACION DE NUESTRA OBLIGACON DE COBERTURA: Esta es la Unica garantia dada par Glacier Pool Coolers, LLC. Nadie esta autorizado a hacer ningun tipo de cambios a garantias en las unidades Glacier Pool Coolers, LLC. ESTA GARANTIA NO CU BRE DANOS CAUSADOS POR NEGLIGENCIA, MAL USO, 0 ACCIDENTES. Esta garantia to proporciona derechos legales especificos. Tambien puedes tener otros derechos que pueden variar o depender par Estado de provincia. PETICIONES DE GARANTIA: Para inmediata consideracion de la garantia, contacta el comerciante con la siguiente informacion: Prueba de compra original, numero de modelo, numero de serie de la unidad, y fecha de la instalacivn. La instalacion contactara a la fabrica para instrucciones con respecto a la peticlan de garantia. Si el comerciante no esta disponible, pueden encontrar un agente autorizado en to area visitando www.elacierpoolcoolers.com o Ilamando al 480.272.7700. Todas las partes devueltas deben estar acompanadas par el numero de autorizacian para devoluciones brindado por Glacier Pool Coolers, LLC y requiere una inspecci6n antes de que la garantia pueda ser brindada. Glacier Pool Coolers, LLC tiene derecho a remplazar cualquier petician de garantia con partes reconstruidas. Todos los reemplazos estan garantizados por un ano desde el dia de la compra original. GLACIER POOL COOLERS, LLC. PO BOX 5198. SCOTTSDALE, AZ 85261 PH: 480-272-7700. FAX: 866-276-2083 1[ 0141'' 1. WHY IS THERE SPLATTER COMING OUT THE TOP OF MY COOLER? If there is water droplets splattering out the top of the cooler you need to slow your sprinkler wands down. In order to do this simply restrict the flow of wafter coming into the unit by slowly turning the ball valve back on the IN line. The wands should be turning at a slower of "walking" rate of speed. As a rule of thumb both the IN and OUT valves should be positioned at about the 2 o'clock position. 2. MY COOLER ONLY DROPPED MY POOL DOWN BY 5 DEGREES. 15 THERE SOMETHING WRONG? If a desirable drop in degrees is not established within an 5-12 hour period, there may need to be some use adjustments. Always make sure that the sprinkler wands are turning at a slower or walking" rate of speed. It is recommended that the cooler run at night when the sun is off the pool. An initial drop in temperature should be expected overnight. If the sun warms the pool back up by afternoon, just: turn the system on to keep your pool refreshing. * 3. IS THE WATER SUPPOSED TO FILL UP IN THE BASIN AND THEN DRAIN EVERY FEW MINUTES? Yes. The cooler is designed so that the c©ol water collects in the basin and the internal pump system kicks on and pushes the water back into your pool. You should never try to balance the water flow as this will eventually cause cavitation in your pool pressure. 4. IS THE POOL COOLER LOUD? The cooler has about the same noise level as your pool pump. 5. HOW MUCH ELECTRICITY DOES THE POOL COOLER USE? Our residential models are extremely energy efficient. They average 5. 5 amps (amperage) when in use. 6. SHOULD I OVERSIZE MY COOLER TO GET MORE COOLING? No. Our line of pool coolers have been designed to accommodate specific pool sizes as shown on the specs. You will not see an increase in cooling by putting a larger cooler on a smaller pool. 7. DO THE COOLERS WORK IN HIGH HUMIDITY AREAS? Yes. Glacier Pool Coolers work efficiently in all regions. All of our usage and sizing data are based on research and development in Houston, TX and the Gulf Coast region. Our coolers take the heat from the water regardless of humidity or air temperature. 8. CAN I INSTALL THE COOLER MYSELF? We strongly recommend an authorized and qualified pool equipment professional does your installation. Improper installation/operation will void your warranty. 9. WHAT DO I NEED TO DO TO WINTERIZE MY COOLER? You must keep your IN and OUT valves closed and your main drain ball valve (the bottom left valve) open so the system is drained and will stay empty from rain water. If water stays in the basin over the off-season it could potentially burn up your pump. You may also want to purchase a cover or tarp to keep any leaves or debris out of the fan area and basin especially if the cooler is under or around trees or bushes. Upon start-up at the beginning of the summer season, make sure the unit is clear of debris especially around the pump. A good hose down should do the trick. 10. WILL THE POOL COOLER WORK WITH A SALT WATER POOL? Yes. Our units are made of reinforced fiberglass, with stainless steel components. You can not harm the unit with salt residue, however extra care to maintain the cooler on your salt pool is necessary. Keep the cooler hosed down regularly to reduce salt build up and rusting. As with all pool equipment there should be some expectation of cosmetic effects from the corrosiveness of salt water. These cosmetic effects should not hinder the operation of the pool cooler. 11. HOW DO I CONTROL THE TEMPERATURE OF MY POOL? Our residential coolers do not come with thermostat controls. Cooling is determined by the run time of your pool pump. If it's too cold, cut back your hours. If it's not cool enough, run your pump longer. Now if your pool is automated our pool cooler can integrate into your system and a temperature range can be set through your automated system. m V g 8 11 V m z 4 z n z iii m q sf fFF• z m X zz rMwM r a Q z r D n m r m n A C It , E 1 Cooler Specifications: Model GPC-- 2100 POOL COOLERS I(.+iut,S•wiramirr 1+,+i t:c+C %tfl;Sxcrtrrrre rG++red" 1 f 0 • t • t • IT . • • • Cooler type: QounterFlow Induces Draft Stand pipe: PVC Water flow rates: 295 Sprinkler head: AC Hot water temperature: 95 deg. F Sprinkler pipe: PVC Cold water temperature: 78 deg F N,echatnical.Equipment Ambient wet bulb temperature: 85 deg F Fan unit: one unit per cooler Total fan BHP: 3 hp Type: Induction Total pump head: 8.2 ft. Manufacturer: Glacier Drift loss of water flow rates: 0.002% Diameter: 577/8 Evaporation loss of water flow rates: 0.93% Blade Material: AC Design wind load: 30.7 ib/sgft Hub material: AC Nominal air volume: 24500 cfm Overall diameter: 1043/8 Overall height: 85.07 in Number of motors: one unit per Cooler Dry weight: 887 lbs Type: Induction Operating weight: 2361 lbs Manufacturer: Glacier Insulation: E Class Cooler support frame assembly: HDGS Rated HP: 3 hp Casing: FRP Voltage and phase: 220/ 440-3 Casing supporter: HDGS Piping Cohoections. Cold water basin: FRP Primary water inlet diameter: 4 in Filling: PVC Primary water outlet diameter: 4 in Filling support: HDGS Auto fill inlet diameter: 1 in. Fan guard: HDGS Quick fill inlet diameter: 1 In. Mechanical equipment support: HDGS Overflow outlet diameter: 1 in. Air inlet louver: PVC Drain diameter: 1 in. Bolts, nuts and washers: STS Nominal water flow. 295 gpm Specifications subject to change without notice. MATERIALS FRP Fiberglass Reinforced Plastic HDGS Hot Dip Galvanized Steel AC Aluminum Alloy Cast STS Stainless Steel REV. 19!04 Commercial Pool Cooler System Village of North Palm Beach Submittals: C. Warranty: Submit a copy of manufacturer's warranty. i7lii 711 1 111 ii ARST41 NIIlka Glacier Pool Coolers, LLC warrants all parts to be free from manufacturing defects in materials and workmanship for a period of one year from the date of retail purchase, with the following, exceptions: Commercial models on commercial pools will be covered for two years This warranty is limited to the first. retail purchaser, is not transferable, and does not apply to products that have been moved from their original installation sites. The liability of Glacier Pool Coolers, LLC shall not exceed the repair or replacement of defective parts and does not include any costs for labor to remove and reinstall the defective part, transportation to or from the factory, and any other materials required to make the repair. This warranty does not cover failures or malfunctions resulting from the following: Failure to properly install, operate or maintain the product(s) in accordance with our published Installation and Operation Manual provided with the product(s). The workmanship of any installer of the product(s). Not maintaining a proper chemical balance in your pool water [pH level between 7.2 and 7.8, Total Alkalinity (TA) between 80 and 120 ppm, Total Dissolved Solids (TDS) less than 2000]. Abuse, alteration, accident, fire, flood, lightening, rodents, insects, debris, negligence, or acts of God. Scaling, freezing, or other conditions causing inadequate water circulation. Use of tion -factory authorized parts or accessories in conjunction with the proouct(s). Chemical contamination or improper use of sanitizing chemicals. Incorrect wire runs, Improper electrical supply, collateral damage caused by improper operation and maintenance. Damage or corrosion from, or buildup of salt on fan motors, pumps, or any other moving or non-moving parts resulting from a salt .chloronation/generating pool. See salt pool disclaimer in Operations Manual. Damage from shipping/freighting from manufacturer. LIMITATION OF LIABILITY.- This IABILITY: This Is the only warranty given by Glacier Pool Coolers, LLC. No. one is authorized to make any other warranties on Glacier Pool Coolers, LLC's behalf. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. GLACIER. POOL COOLERS, LLC EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES FAR BREECH OF ANY EXPRESSED OR IMPLIED WARRANTY. This warranty gives you specific legal rights. You may also have other rights which vary by state of province. WARRANTY CLAIMS: For prompt warranty consideration, contact your dealer and provide the following information: Proof of purchase, model number, serial number, and date of installation. The Installer will contact the factory for instructions regarding the claim. If the.dealer is not available, you can find an authorized service provider in your area by visiting www.,glacierpoolcoolers.om or by calling our technical support department at 480.272.7700. All returned parts must accompany a return authorization number issued by Glacier Pool Coolers, LLC and require Inspection prior to a warranty being fulfilled. Glacier Pool Coolers, LLC has the right to replace any warranty clalrh with a refurbished part. All replacement parts are warranted for the initial one year from date of purchase. GLACIER POOL COOLERS, LLC. PO BOX 5198. SCOT MALE, AZ $5261 PH: 4W272-7700. FAX: 866-276-2083 Commercial Pool Cooler System Village of North Palm Beach Submittals: E. Reference List: Provide list of recently installed similar type pool cooler installations. See attached reference page for all commercial projects. We have extensive equipment installation experience more so with heaters than coolers but generally speaking functionally heaters and coolers are similar equipment offering opposite amenities. References: FAMILY POOLS INC. 873 SW South Macedo Blvd. Pt. St. Lucie, FL 34983 License # CPC1456929 1-866-294-4011 772-785-9558 fax r - ALL OF WHICH WE WERE PRIMARY CONTRACTOR ON & FRANK RUSSO WAS DIRECT PROJECT SUPERVISOR.) Charlotte County BOCC Art Markham 941-743-1377 art. markham@charlottecountyfl.gov Various municipal commercial pool renovations including re tile, pool resurface, depth markers, lane tile, etc. 2014 - current 239,000.00 Windsor of Florida Juan Tierrablanca 772-321-0566 or 772-388-8422 juan.tierrablanca@windsoMorida.com Various commercial renovations as well as residential for rental/vacation properties 2010 — current 1369000.00 Concord Management Ltd. Melanie Caglioni 407-621-6415 melanie.caglioni@concordrents.com 2605 Maitland Center Parkway Maitland, FL 32751 Numerous commercial renovations at various properties including pool retiles, and interior resurfaces. 2014 — current 62,000.00 Okeechobee County BOCC Sheri Selvy or Donnie Odom 863-763-0805 sselvy@co.okeechobee.fl.us 1700 NW 9th Ave Okeechobee, FL 34972 Commercial renovation pool & deck retile, resurface, coping repairs, etc. 2013 — current 189,000.00 Sea Pointe Towers Ft Pierce 801 South Ocean Drive. Ft Pierce, FL 34949 Seapointe801 @outlook.com 772 -872-1771 Rick Commercial pool resurface, retile, 2018 37,000.00 deck repairs and texture then stain. Barefoot Bay Recreation District 625 Barefoot Blvd. Barefoot Bay, FL 32976 John Coffey Phone: 772.664.3141 Fax: 772.664.1928 Commercial pool retile, resurface, acid wash, heater / equipment install and repairs etc. 2015-2016 84,000.00 Magnolia Lakes Clubhouse Bob Allen 101 NW Magnolia Lakes Blvd Saint Lucie West, FL 34983 772-260-9886 Commercial retile, resurface, new light fixture installations. 2013 48,000.00 The Lakes Saint Lucie West 1210 NW Sun Terrace Circle Port Saint Lucie jeff@pinnacleam.com 772-631-9755 Jeff Commercial pool resurface, retile, etc. 2018 36,000.00 Town Park Master Assn 11270 SW Town Park Ave Port St Lucie, FL 34953 561-235-0625 RVick@campbellproperty.com Commercial pool resurface and retile, coping and deck repairs, splash pad resurface, handicap lift install etc. 2018 74,000.00 The Club at Saint Lucie West 111 SW Palm Drive Port St Lucie, FL 34986 772) 343-8807 franchesca.rodriguez@fsresidential.com Commercial pool resurface 2017 39,000.00 2 Karma Hotels Best Western 3975 Highway 441 South Okeechobee, FL Holiday Inn 3101 Highway 441 South Okeechobee, FL 863-634-9032 Jay karmahotels@hotmail.com Pool resurface, retile, deck repairs, etc. 2018 22,000.00 MARRIOTT HUTCHINSON ISLAND 555 NE Ocean Blvd Stuart, FL 34996 Jason Hazelton 772-214-7070 Hotel pool resurface & re tile 2018 28,000.00 Keystone Property Management Southwinds @ The Moorings 1250 W Southwinds Blvd Vero Beach, FL 32963, USA Michael Barber 772-538-1986 Resurface two onsite community pools, re tile, new coping installation 2018 62,000.00 Villas of Village Green 1487 NE Colchester Cr PSL, FL 772- 335-2393 Resurface & retile pool 2018 65,000.00 City of Lauderhill 5581 W Oakland Park Blvd Lauderhill, FL 33313 John Mullins Aquatic Center BUDDY 954-614-4744 Resurface, retile, leak repair, new filters, new lights Build a new splash pad for the city 2019 250,000.00 3 EVERGREEN CONDOMINIUM 1622 SE GREEN ACRES CIR PT ST LUCIE, FL 772) 335-7984 Resurface & retile 2018 40,000.00 Oasis Village of Okeechobee C/O Vesta Property 1601 Us Highway 441 SE Okeechobee, FL Ed 217-653-3205 Resurface and retile 2018 25,000.00 Treasure Cove Dunes Condo Association 4100 N Hwy Al A Ft Pierce, FL 305) 433-1870 BRIAN JEROME Resurface, retile, new pavers, new fence, new ladders and handrails 2018 86,000.00 Peacock Run Apartments 5502 NW East Torino Parkway Port St. Lucie, FL 34986 Ph 772.344.3998 Fax 772.446.4403 Christine Lombardi Property Manager Drain and acid wash pool. Install all new equipment VakPak system and replumb. 2019 45,000.00 City of Sunrise Village Beach Club and Welleby Pool Resurfacing Meghan Kaufold, R.A. 777 Sawgrass Corporate Parkway Sunrise. FL 33325 954) 888-6070 telephone 954) 572-2494 fax Resurfaced and retiles 2 commercial/city community pools and one kiddie pool. 2019 166,000.00 Brevard County MCLARTY PARK POOL RENOVATIONS 790 Barton Boulevard Rockledge, FL 32955 Doug Haymond Construction Coordinator Brevard County Facilities Office: 321-633-2050 Demo existing kiddie pool eliminate use, pour concrete solid to fill and merge with existing deck area, resurface and retile community pool, repairs deck and spraydeck entire deck area. 2019 129,000.00 Tammy Hollander General Manager Okeechobee KOA Resort 4276 US Hwy 441 So. Okeechobee, FL 34974 863) 763-0231 Resurface one community pool and spa. 2019 48,000.00 Make A Wish Southern Florida 4491 South State Road 7 Suite 201 Ft. Lauderdale, FL 33314 954-967-9474 954-967-2468 PMartinez@sflawish.org David Martinez 8105 NW 96th Ave Tamarac FL Residential splash pad install 2019 28,000.00 Village of North Palm Beach Special Projects Director Village of North Palm Beach Country Club Pool, Deck, & Equipment Room Renovation 951 US -1, North Palm Beach, FL 33408 Office Phone — 561-904-2139 Cell Phone — 561-348-0697 Resurface pool, retile pool, rebuild step to code, replumb pool, install all new pumps and filters, new coping, diving blocks, lifts, install 29 new lights, pool size is over 14,000 total interior area, massive renovation project. 2019 500,000.00 R Mayfair of Wellington FL 2100 Wingate Bend Wellington FL 33414 slorio@grsmgt.com Sue (561) 429-2065 Resurface and retile commercial pool 2019 17,000.00 The Meadows 2188 SE Wild Meadow Port St. Lucie, FL 34986 meadowspsl@gmail.com Tom (772) 233-5775 Pool & spa resurface and retile 2019 27,000.00 Meadowland Cove Homeowners 12784 Meadowbreeze Dr Wellington, FL 33414 Risa (561)-641-8554 Resurface and step tile 2019 21,640.00 Silver Palm RV Resort 4143 US 441 South Okeechobee, FL 34974 Sherrie or Mark (863) 610-3844 Pool and spa resurface, step tile, gutter the 2019 39,000.00 INGRID SARMIENTO Property Manager -LCAM The Lakes at Tradition HOA 11840 SW Tradition Lakes Blv I Port Saint Lucie, FL 34987 Direct 772-345-0690 Email Ingrid. Sarmiento a(7.fsresidential.com 2020 90,000.00 on Commercial Pool Cooler System Village of North Palm Beach Submittals: F. A list shall be submitted of all specification deviations with a complete description of each. No deviations to list Extreme) Urgent WNW Clerk Extremely g rER 18 2020 < y r-. r -- Ar__ I Patent pendii p, ic?w C> GN W Coll 03 W Receivpri PFFI HFRF bo- O Z< n VO TTQ O WDA O cn r 0 0 4 CCn 0 - p m oQn v ;= m; p nn r ' D 00 n2 m o Z C Oc) m o C. Zz- i n N r r w w 00 co D m J201020011301uv 56BJ21049EIFE4A pi CE ns L I r VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2020 - 2024 Strategic Result :Department : All Neighborhoods as Desirable Places to Live Country Club Pool Project Name :Year(s) :2020 Pool Chiller Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : This is the purchase of a pool chiller system. This system would give the facility the ability to regulate the temperature in the pool during the summer months. This sytem will allow staff to reduce the temperature of the pool water to a level that is more cunducive to training and aerobics and more refreshing for daily pool recreational use. Lower temperatures also reduce the amount of chemicals required during the summer months. This purchase will allow the pool to be open year round for training and open swim usage The chiller would be place on a 8'X8' concrete slab next to the existing pool heater at the south end of the pool VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2020 - 2024 Project Name :Pool Chiller Strategic Result :All Neighborhoods as Desirable Places to Live Department :Country Club Pool 2020 2021 2022 2023 2024 Total Project Budget : Land acquisition -$ Planning / Design -$ Engineering -$ Construction -$ Vehicle -$ Equipment 50,000$ 50,000$ Other -$ Total Budget 50,000$ -$ -$ -$ -$ 50,000$ Funding Sources : General revenues 50,000$ 50,000$ Impact fees -$ Grant revenues -$ Debt Service -$ Infrastructure Surtax -$ Fund balance -$ Other -$ Total Revenues 50,000$ -$ -$ -$ -$ 50,000$ Operating Impact: Personnel -$ Operating -$ Capital -$ Other -$ Total Operating -$ -$ -$ -$ -$ -$ Comment: There may be operating efficiences or avoidance of future costs that result from the replacement, but these impacts are not presently quantifiable and are believed to be marginal