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Item #04 Approval of Award of Bid #B15-03 Resurfacing of Swimming Pool ocoee florida AGENDA ITEM COVER SHEET Meeting Date: March 3, 2015 Item # Reviewed By: Contact Name: Joyce Tolbert Department Director: - iws. Contact Number: 1516 City Manager: f Subject: Award of B15 -03 Resurfacing of Swimming Pool Background Summary: In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to perform the Resurfacing of the Swimming Pool at the Ocoee Family Aquatic Center located at the Jim Beech Recreation Center, located at 1820 A.D. Mims Road. Opening day for this facility is May 1, 2015; all work shall be substantially completed no later than March 31, 2015, and the entire work shall be complete and ready for its intended use, including final dressing and cleanup, by April 7, 2015. This work shall include furnishing all labor, supervision, materials, equipment, supplies and incidentals for the proper resurfacing of the pool located at the Jim Beech Recreation Center. The work includes, but is not limited to, the following: Pumping down and cleaning out water and debris in the pool; Removing of unbonded old surfacing material where new material will be installed; Preparing the existing surface for the application of new surface material, Diamond Brite from Southern Grouts & Mortars, Inc., or approved equal; Applying bondcoat, if recommended by manufacturer; Application of Diamond Brite, or approved equal, per manufacturer's recommendations; Startup and water balance; Procure all necessary City and County permits; and Complete the job no later than April 7, 2015. The bid was publicly advertised on February 8, 2015, and opened on February 23, 2015. A mandatory pre -bid conference /site visit was held on February 17, 2015. There was a single bid received from Classic Marcite Inc. for $39,500.00. The bid is available in the Finance Department for review. The Parks and Recreation and Finance Departments reviewed the bid and it was considered responsive. Staff recommends awarding the bid to Classic Marcite Inc. as a responsive and responsible bidder, per the attached recommendation from Jeff Hayes, Parks and Recreation Director. Issue: Should the City Commission award the Resurfacing of Swimming Pool Project to Classic Marcite Inc., as recommended by the Parks and Recreation Director? Recommendations: Staff recommends that the City Commission award Bid #B15 -03 Resurfacing of Swimming Pool project to Classic Marcite Inc. in the amount of $39,500.00, and authorize Staff to issue a Purchase Order once the required insurance is received. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: 1. Bid Tabulation 2. Award Recommendation from Parks & Recreation Director 3. Classic Marcite Bid 4. Invitation to Bid #B15 -03 Financial Impact: There is $40,000 available for this project in the current fiscal year budget. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney rio N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 Mayor Commissioners S. Scott Vandergrift John Grogan, District 1 Rosemary Wilsen, District 2 \ / City Manager Rusty Johnson, District 3 J Robert Frank Joel F. Keller, District 4 ocoee florida MEMORANDUM TO: Joyce Tolbert, Purchasing Agent FROM: Jeffrey Hayes, Parks and Recreation Director DATE: February 23, 2015 RE: B15 -03 Resurfacing of Swimming Pool Bid Recommendation This is to advise you that Parks and Recreation staff recommend awarding Bid #B15 -03 for the resurfacing of the swimming pool at the Ocoee Family Aquatic Center to Classic Marcite of Orlando, Florida who was the lowest, responsive, bidder in the amount of $39,500. The bid is within the amount budgeted ($40,000) for the resurfacing of the swimming pool in the 2014 - 15 Parks and Recreation Department budget. Classic Marcite of Orlando performed the same type of work at this facility in the past and the department staff found their work to be complete and to the expectations of the Department. City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org 0 C Y J c) o O w .= o It 0 j Q C7 f..) "� Z y a 0 rL U ti Ou)2 O O — J Z O U L act W ci r �� N a . 0 C• N W i m U v j c M co v C m p a1 •i C Y m a ..... a) y N .0 cc) o - m v v E o 'c E a cn m d r c ,, O J c ii v E D O 3 co -o c c 0 J R 0 L f f6 N J a C • a c. fl Q Q H N A z d vis . W ++ d a U I V.: I F+ z 1 W j a V w O a a W z C pa oz o x w v � a z a, o U Gz, 0 '� v) Q a > '`N a VJ o g a l Eel \ L N z - o a k E U - -� � w E • A •L; z w rt, E a o a ,' a b h A \ w a F w 0 H z M F W w d 0 0 A e , � �� a z U kn U ` d Q c.7 a r, ,z,, ■ z t4 (/) W r ■ 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON/PHONE #: A / (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor /temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor /temporary worker agency maintains a fully- equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City's approval before any work shall commence by the additional subcontractor on this project. 21. LIST OF EQUIPMENT: Bidder shall provide a detailed list of all equipment being used by the Bidder on City property. Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. g / ( A PO / /rrL it/#sixt._ Ye1/4 /C714 /4%? iwi- 1t,o/ .A 2iz CA /144 (Attach additional sheets if necessary) 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past five (5) years. For each listed project, provide: (a) client's name; (b) contract date; (c) amount of contract; (d) whether Bidder was the prime contractor or a subcontractor; and (e) contact information (name of contact, address, telephone number, and e -mail address). 1,1/J510?IL pe‘2LS - VA Ply &s - C kis /2v ,/.1,5 - Ys/ - A- n o - t m ' Ice c c - . % ' / c J £'i 2 2 ci 1f - PIN j 2 (- pn k - ck L /2 / / I-3 B15 - 03 Resurfacing of Swimming Pool 19 /4hp 2 - i Ca ��% 1 77 y _ 416.0c, / i yfl �u Do you have any similar work in progress at this time? Yes I/No . Length of time in business 2S a� f Bank or other financial references: /3 410 ,te-/ (C r (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, then please say so. (Attach additional sheets if necessary) 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated B15 -03 Resurfacing of Swimming Pool 20 EXHIBIT D BID #B15 -03 COMPANY INFORMATION /SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORKIBID FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. cc Al SS/ c hi) /2 c/ nz ��c - Srz/ L zc COMPANY NAME TELEPHONE (INCLUDE AREA CODE) / ' 7 jl / -c't FAX (INCLUDE AREA CODE) A //Gt/h C /7 /n /ef 772 • Co/7 E -MAIL ADDRESS g .. 1 9,4 ( Z___ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: P / + .L' de'zi 1// spa -Lfif NAME/TITLE (PLEASE PRINT) / / 0 1-'/)- /n L' /LC /3 /2P STREET ADDRESS G 1( /�( 1 /; City STATE ZIP FEDERAL ID # ,, Individual _}Corporati Partnership Other (Specify) Sworn to and subscribed before me this --%�= day of t -`): \__ < ti , 20 t, Personally Known or Produced Identification Notary Public - State of `-''` 'Q -- (Type of Identification) County of L_. ' i"` . v `b a �-- d `,q!"YP °�- ANGELA JEANNE FOLTA Signatur, f Nota ,� ublic ` ;' t" MY COMMISSION # EE076170 'I'A'�,`. ~ EXPIRES March 26, 2015 f r1 \ S{ f /� j t 1(= C te_ ! 1 t407) FlorniallotaryServico.com Printed, typed or stamped Conunissioned name of Notary Public B15 -03 Resurfacing of Swimming Pool 33 If Bidder is CORPORATION, complete this signature block. .,. , - i ( / 5_) / 6 / V //7 lz ...7,4) LT - ( 1 ) ::7 i ,,,._., ,i i ...f (Corporation Name) 1 ,(Witness) ; ( D (:c 4-e,d (2) _ (State of Incorporation) (Witness) , . By._,, ._ .. .............. (Name of Person A i *zed to Sign - See Note 1) (SEAL) (-- c 7_, _ 4 42 / ( 1 -- (Title) q--, (Authori ed Signature) --. J - jd- ' (Corporation President) r ' ( A . 3° 147 91de Vil/4 i ej ' Lf)eig - A id ) , 1 ,,..., 3. „ 01 3.i n ess Address) (#71 cA-k _ (45 t 3 5 ) _____ (Telephone No.) (Florida License No.) B15-03 Resurfacing of Swimming Pool 30 BID l3ECTJRITY RECEIPT FOR: BID/RFP/RFQ #B15 -03 Resurfacing of Swimming Pool BIDDER: Classic Marcite, INC DATE: February 23, 2015 ACCOUNT #001 -36 -0000 AMOUNT S1975.00 MISC. REVENUE CODE #500 \,( azinai hiiAn'tt6 __ _ _ _______________ - Finance CITY OF OCOEE 02/23/2015 11:28 MSERRANO ' 001 MISC. POSTINGS FOU370992 AMOUNT FMSD 001 MISC. POSTINGS 1,975.89 BID SECUIRTY DEPOSIT CLASSIC MARCITE INC PAYMENT RECEIVED AMOUNT CHECK: 63820255 1,975.08 TOTAL 1,975.00 b — s� �ap . �r 5R917 . R� M r" s 3692 n 1 21,► er'le17 7, "w ri* ,7, ! jt ! s- 7W°7 r ` " .' ..gyp . "• ``-4 X11 Y 4Y .; HOLD DOCUMENT UP TO THE LIGHT TO VIEW TRUE WATERMARK ._ - HOLD DOCUMENT UP TO THE LIGHT 10 ✓IEW TRUE WATERMARK ila: 4�/ t-, 63820255 �� BMO ® Harris Bank 2 -28710 C+` L ti PAY One Thousand Nine Hundred Seventy F ive a nd 00/ 10 0 1"./.- DATE AMOUNT ti TH p2 /20/2015 $1,975.00 ORDER OF C of Ocoee r REMITTER ClassicMarcite Inc I Pq (� MEMO Pool renovation bid Authorized Signature Drawer: BMO Harris Bank N.A. 29(09850 BMO Hams Bank N.A., Chicago, IL _ __- .— _-- _.__ - -_ ___ -- - - _ -_— - _ - - Mayor Comrnission.ers S. Scott Vandergrift John Grogan, District 1 Rosemary Wilsen, District 2 City Manager � � Rusty Johnson, District 3 Robert Frank Joel F. Keller, District 4 oCo e florida CITY OF OCOEE INVITATION TO BID #B15 -03 RESURFACING OF SWIMMING POOL City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3194• www.ocoee.org TABLE OF CONTENTS BID #B15 -03 RESURFACING OF SWIMMING POOL BID DOCUMENTS Section Page Legal Advertisement 3 Invitation to Bid 4 - 7 General Terms & Conditions 8 - 18 List of Subcontractors*, p. 19 Equipment Listing *, p. 19 References /Experience *, p. 19 Summary of Litigation *, p. 20 Acknowledgement ofAddenda *, p.20 SCOPE OF WORK, BID FORM, ATTACHMENTS Section Page Exhibit A — Scope of Work 21 -24 Exhibit B — Bid Form* 25 Exhibit C — Bid Bond Form* 26 -32 Exhibit D — Company Information /Signature Sheet* 33 Exhibit E — Attachments 34 *Submit document with Bid End Table of Contents B15 -03 Resurfacing of Swimming Pool 2 Invitation to Bid, Legal Advertisement The City of Ocoee, Florida, (the "City ") is soliciting sealed bids for the following project: Bid #B15 - 03 RESURFACING OF SWIMMING POOL. Bids will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department /Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 11:00 am, local time, on February 23, 2015. Bids received after that time will not be accepted under any circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time. A MANDATORY Pre - Bid Conference will be held on - site on February 17, 2015, at 11:00 a.m., local time, at the Jim Beech Recreation Center, 1820 A.D. Mims Road, Ocoee, FL 34761. Attendance at the pre -bid conference is mandatory as a condition precedent to submitting a bid. All bidders will be held liable for contents as presented at the pre -bid conference. Additional questions shall be submitted in accordance with the instructions contained in the Bidding Documents. Prospective bidders may secure a copy of the documents required for submitting a bid through Onvia /Demandstar by accessing the City's website at http: / /ww■.ocoee.ortz under Finance Department /Purchasing. Partial sets of the documents required for submitting a bid will not be issued. By using Onvia /Demandstar, prospective bidders will be provided with all addendums and changes to the project requirements. Membership with Onvia /Demandstar is not required to submit a bid; fees may apply for non - members. Persons other than prospective bidders may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Beth Eikenberry, City Clerk, February 8, 2015. B15 -03 Resurfacing of Swimming Pool 3 CITY OF OCOEE INVITATION TO BID #B15 -03 RESURFACING OF SWIMMING POOL INTENT: Sealed bids for Bid #B 15 -03 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called "Bidder ". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the B15-03 Resurfacing of Swimming Pool, as listed under the "Scope of Work /Bid Form" section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department /Purchasing, City of Ocoee, FL, Attention: Joyce Tolbert, CPPB, Purchasing Agent (407) 905 -3100, extension 1516, fax (407)905 -3194, or email preferred itolbert, ,ci.ococe.tl.us , and must be received not later than 11:00 A.M. on February 19, 2015. Any clarifications /changes will be made by way of written addenda only, issued by the Finance Department /Purchasing. Bidders should not contact other City staff, City Commission, or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and three (3) copies, of the required submittals only, by the Finance Department not later than 11:00 A.M., local time, on February 23, 2015. Bids received by the Finance Department after the time and date specified will not be considered and will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e -mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee, Finance Department/Purchasing Attention: Joyce Tolbert, CPPB, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 B15 -03 Resurfacing of Swimming Pool 4 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761 at 2:01 P.M., or as soon thereafter as possible, on the above - appointed date. Bidders or their authorized agents are invited to be present. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitutes public records under Florida law. E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) List of References /Experience; b) List of Subcontractors /Temporary Worker Agencies; c) Equipment Listing; d) Summary of Litigation; e) Addenda Acknowledgement; f) Bid Security; g) Bid Form; h) Company Information /Signature Sheet; and i) Physical sample of finished materials per the Scope of Work j) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All items quoted shall be in compliance with the bid documents /scope of work. F. PRE -BID CONFERENCE: A MANDATORY Pre -Bid Conference will be held on -site on February 17, 2015, at 11:00 a.m., local time, at the Jim Beech Recreation Center, 1820 A.D. Mims Road, Ocoee, FL 34761. Attendance at the pre -bid conference is mandatory as a condition precedent to submitting a bid. All bidders will be held liable for contents as presented at the pre -bid conference. Additional questions shall be submitted in accordance with the instructions contained in the Bidding Documents. G. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the form of a written addendum communicated through Onvia /Demandstar issued not later than twenty -four (24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any B15 -03 Resurfacing of Swimming Pool 5 other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. H. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Failing to use a revised Bid Form, if any, provided as part of an addendum; e) Failing to provide the required Bid Security; f) Failing to provide evidence of the bidding firm having been in business for a minimum of five (5) years at the time of bidding, and /or failing to provide evidence of a minimum of ten (10) installations of similar size; g) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to properly perform the work; or h) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its bid. J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). 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 an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award 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. [See s. 287.133(2)(a), Florida Statutes.] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids that they consider confidential and /or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. A request for withdrawal or a modification of a bid may B15-03 Resurfacing of Swimming Pool 6 be submitted to the Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the deadline for receiving bids, no bid may be withdrawn or modified. The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities, or irregularities, to request clarification of information submitted in any bid, or to re- advertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies its bid by specific limitations. The City reserves the right to award the contract to the Bidder which, in the City's sole discretion, is the most responsive and responsible Bidder. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids. (Remainder of page left blank intentionally.) B15 -03 Resurfacing of Swimming Pool 7 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each bid must be accompanied by a Cashier's /Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5 %) of the amount of the bid. A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. Please note that Cashier's /Certified Checks will be deposited. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91 day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS: (Required if Project is over $200,000.00.) a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified B15-03 Resurfacing of Swimming Pool 8 documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and /or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and /or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Form attached. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Form. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, B15 -03 Resurfacing of Swimming Pool 9 between the unit price stated by the Bidder on the Bid form and the total price stated by the Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of any bid bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Bid form. However, the City reserves the right to reject as non - responsive Bid forms that are incomplete or contain information that is not required. In submitting a bid, the Bidder represents: a) The article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) Unless otherwise required by law, the prices that have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; d) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under any contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies /services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder gives to any customer for such supplies /services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at the destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. B15-03 Resurfacing of Swimming Pool 10 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: a) Compliance with scope of work, specifications, terms, and conditions b) Bid price c) Warranty offered d) Required experience with similar work e) Successful reference check f) Approved subcontractor 9. LITERATURE: If required by the scope of work, or the specifications, descriptive literature /brochures shall be included with this bid in order to properly evaluate make /model offered. Bids submitted without same may be considered non - responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: a) A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and /or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. c) The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. d) The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. e) The Purchasing Agent, on behalf of the Owner, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If B15 -03 Resurfacing of Swimming Pool 11 Owner denies the protest, Owner may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: The City intends to make a single lump sum payment to the Contractor within (25) days of approved invoice after the acceptance by the City of the installation of all equipment and materials as outlined in the specifications. The City shall issue an official City Purchase Order for products based on the terms of the bid. Upon delivery and acceptance by the City, vendor shall submit an official invoice for payment. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods, or services have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85- 8013779974C-0. Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. 12. CONTRACT: a) The successful Bidder, hereinafter referred to as "Contractor," will be required to enter into a contract with the City; "Contract" shall mean a City of Ocoee Purchase Order. Construction time will be as stated in the Scope of Work. b) The City may, in its sole discretion, award any additional work, whether in the existing area, or in any additional area, to any third party, or such work may be performed by the City's employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. 13. SAFETY REQUIREMENTS: The Bidder guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the mandates of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, as described in CFR Part 1926, and CFR 1910, General Industry Standards, which are applicable in construction work. B15 -03 Resurfacing of Swimming Pool 12 b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, that telephone numbers of physicians, hospital, and ambulance services are posted (copy to Human Resources Director, City of Ocoee), and that a first aid kit is available on the job site at all times. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g. hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring, and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder - actuated stud guns or low velocity and /or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back -up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building and for all external power outlets. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Waste Depot, LLC, d.b.a. Waste Works. 14. DRUG - FREE WORKPLACE: If applicable, provide a statement concerning the Bidder's status as a Drug -Free Work Place or evidence of an implemented drug -free workplace program. B15 -03 Resurfacing of Swimming Pool 13 15. CERTIFICATION OF NON - SEGREGATED FACILITIES The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not permit the Bidder's employees to perform their services at any location, under the Bidder's control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from proposed contractors for specific time periods) the Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in the Bidder's files. The non - discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: The Bidder declares that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Bidder certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this bid. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Bidder agrees to immediately notify the City in writing. The Bidder further declares that a careful examination of the scope of services, B15-03 Resurfacing of Swimming Pool 14 instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, the Bidder will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti -trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Bidder. The bid constitutes a firm and binding offer by the Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "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 public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, 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." All Bidders who submit a Bid to the City of Ocoee are guaranteeing that they have read the previous statement and, by signing the bid documents, are qualified to submit a bid under Section 287.133(2)(a), Florida Statutes. 18. PERMITS /LICENSES /FEES: a) Any permits, licenses, or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any required City of Ocoee permits. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Building Department at (407)905 -3100 extension 1000, directly for information concerning this requirement. The minimal fee of $5.00 for registration cannot be waived by the City. B15 -03 Resurfacing of Swimming Pool 15 c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Contractor. 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self - insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and /or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000 /$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non -owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non- contributory. B15 - 03 Resurfacing of Swimming Pool 16 • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) Owner's Protective Liability Insurance: n/a for this project. 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE City SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability 7) Builders Risk: n/a for this project 8) Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: 9) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. 10) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non - payment of premium. B15 - Resurfacing of Swimming Pool 17 ACQRD CERTIFICATE OF LIABILITY INSURANCE OP Jc DATEIMIAODMIY) _ FRA2E -1 11/04/04 PRODUCER 1 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 INSURERS AFFORDING COVERAGE i RAW s :NSUAEb INSURER A, M 3 rt tatty A tsGtrr ._ _.- ......- _... .�..........__ r _ ..... .... ... .... _. INSURER B. Contractor's Name Address INSURER ,INSURER D 1 PISUHER E: COVERAGES THE PO0C405 OF INSURANCE LISTED BELOW NAVE SEEN ASRU0.17 40 THE 0408*O NAMED ABOVE FOR THE POt.CY P£1L00 WO4C-ATEO. NOTWITHS4ANOR4O ANY REnMREMENT- TERM OR COMD40N OF ANY CONTRACTOR OTHER CCCUMEPTT WRH RESPECT TO WHOM THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE MAOROED ST THE POLICIES DESCRIBED HEREOF AS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE SEEN peroDucEo ay PALO CLANS. i" ,, 7S 1 } i LOOTS NSRa TYPE OF RiSURANCE POIiCT� OATE ; POLICY GENERAL 0IL1TY WARIER 1 AL I EACH OCCURRENCE S 1,000,000 X JI; CO GENERAL L4BILITY OE E R M S (Es 'ATE7__ F ' � PREMISSE mr.+ _ssi 1 50 ,000 __ _ . CLAMS MADE LX j OCCUR 1 /Any aw ED £XP /Any prsa S S 000 PERSONAL 1 AO. P t0RY 5 1, 0 0 0, 000 .__. 0, ( I GENERAL AGGREGATE 0 2,000,000 GEN GREG LAit4 APPLES PER 1 j PRODUCTS .COUROP AGO s 2,000,000 f "I PRO 1 — I AUTONOBN.E Umwo1Y I 1 COMa:NE0 SINGLE LSAT ---. 5 1, 000, 000 X MA amdeMl ANY AUTO . —1 ALL OWNED AUTOS 1000ILY IALRIAY �.� 5- ' 1 SCHEDULED AUT05 Illw WUXI) X I HOSED AUTOS i BOORT ARRAY S X I NON -OWNED AUTOS I (Par stt5d' ', PROPERTY DAMAGE S — -"--- -- - - - : :- (PR swats.) f GARAGE L4aI1 45 I AUTO ONLY • EA ACCIDENT S --- ANY AUTO 1 OTHER THAN „ ACC S .._._.� I I AUTG MY AGG S ExcessAMBRELULIASR*TY I i EACH OCCURRENCE S 1, 000 000 X . X 00 CUR � ' CLANS NA [ I AGGREGATE 5 2, 000 000 5 ._T DEDUCTIBLE S ---- . RETENTION 5 NECSTA U 4 004• 7 WORMERS COWL W6 1 rA' - rTORY pr's A .,_ ' ER I EMPLOYER, LW £L. EACH ACCIDENT s 5 00, 000 ' ANY PROPRrETOREWEAECUTNE - - "' OFFICER CENSER * EXCLUDED PROVISIONS Wave P , E L. DISEASE • EA EMPLOYEE 0500,000 ■ t ctia. rto dAE : ELL OSEASE• * s 500,000 f 5 OTHER , ---- ' Builders Risk i i Any 1 too 140,000 i Any 1 Occ 1,000,000 (ASCRIPTION OF OPERATIONS I LOCATIONS I Y£IRC4E3 / £XCLUSWRS ADDED SY ENDORSEMENT i SPECW. PROVLLONS The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability 4 Umbrella Liability. Workers' Compensation, Employers' Liability 4 Osneral Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added as a IT110X] instal $r &RId:Rs Risk. _CERTIFICATE HOLDER CANCELLATION 000E001 SHOULD ANY OF THE ABOVE OESCR10E0 POLICIES SE CANCELLED BEFORE THE ESERRAn0^ DATE THEREOF, THE MARAN0 INSURER WILL ENDEAVOR TO AWL 1 0 GAYS WRITTEN NOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL City Of Ocoee WPM NO0BLIGATE7N OR L4e1LT4Y OF ANYA#R! UPON THE INSURER, ITS AGENTS DA 150 N. Lakeshore Drive AEPRESaNTArlws. Ocoee FL 34961 - 2258 AUTHO8EE0 REPRESENTATIVE ACORD 25 (2005t0E) S " � � ` sEE► 8) ACORD CORPORATION 188t frstk B15 -03 Resurfacing of Swimming Pool 18 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON /PHONE #: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor /temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor /temporary worker agency maintains a fully - equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City's approval before any work shall commence by the additional subcontractor on this project. 21. LIST OF EQUIPMENT: Bidder shall provide a detailed list of all equipment being used by the Bidder on City property. Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. (Attach additional sheets if necessary) 22. REFERENCES /EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past five (5) years. For each listed project, provide: (a) client's name; (b) contract date; (c) amount of contract; (d) whether Bidder was the prime contractor or a subcontractor; and (e) contact information (name of contact, address, telephone number, and e -mail address). B15 -03 Resurfacing of Swimming Pool 19 Do you have any similar work in progress at this time? Yes No Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, then please say so. (Attach additional sheets if necessary) 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated B15-03 Resurfacing of Swimming Pool 20 EXHIBIT A CITY OF OCOEE, FLORIDA BID #B15 -03 RESURFACING OF SWIMMING POOL SCOPE OF WORK INTENT The City of Ocoee is soliciting bids from qualified contractors for resurfacing of the swimming pool at the Jim Beech Recreation Center, located at 1820 A.D. Mims Road, as detailed in this document. Opening day for this facility is May 1, 2015; all work shall be substantially completed no later than March 31, 2015, and the entire work shall be complete and ready for its intended use, including final dressing and cleanup, by April 7, 2015. All time periods begin from the effective date of the Purchase Order, expected to be issued on March 5, 2015, pending approval of award by the City Commission, and Contractor's proper insurance certificate. Contractor must be available to start within 7 calendar days after the date of commencement established by the Purchase Order. Contractor will be required to pay to the City liquidated damages for delay of $250.00 per day for each day that expires beyond the final completion date. SCOPE OF WORK The Bidder shall thoroughly acquaint himself with the existing conditions. Miscellaneous items of work and material necessary to the complete performance of the work shall be provided by the Bidder whether or not mentioned in the Scope of Work. All Bidders shall be Licensed Commercial Swimming Pool Contractors. This work shall include furnishing all labor, materials and equipment for the proper resurfacing of the pool located at the Jim Beech Recreation Center. The work includes, but is not limited to, the following: • Pumping down and cleaning out water and debris in the pool; • Removing of unbonded old surfacing material where new material will be installed; • Preparing the existing surface for the application of new surface material, Diamond Brite from Southern Grouts & Mortars, Inc., or approved equal; • Applying bondcoat, if recommended by manufacturer; • Application of Diamond Brite, or approved equal, per manufacturer's recommendations. • Startup and water balance. • Procure all necessary City and County permits. • Complete the job no later than April 7, 2015. B15 -03 Resurfacing of Swimming Pool 21 Surface Preparation: Surface preparation, bond coating and material installation shall be in conformance with the Southern Grouts & Mortars, Inc., Diamond Brite & Quartz Series Exposed Aggregate Finishes Installation Manual or approved equal, attached as part of this scope of work. Each bidder shall be responsible for obtaining accurate measurements of the outdoor pool. The Contractor shall thoroughly prepare the existing surface to properly receive the Diamond Brite, or approved equal, coating. All loose material must be removed by scraping, pressure cleaning or sand blasting. Algae, mold and mildew must be eliminated by chlorine washing. Remove any oil or grease with tri- sodium phosphate and water. Etch the surface with Muriatic Acid and water and followed by neutralization with soda ash. Contractor shall check completely for hollow areas and remove all loose material. The Contractor shall exercise care during the complete project so as not to damage adjacent areas of pool, fittings, spray features, ladders, inlets, and plumbing lines. All skimmers, inlet fittings, and main drains shall be plugged or covered to keep construction materials out of plumbing lines. Draining and Filling Pool: The Contractor is to pump pool water into the existing storm drainage system or other area as designated by the City. The Contractor is responsible for pool start up to make sure shrinkage cracks do not occur. The Contractor shall be responsible for filling the pool 1. The Contractor shall follow manufacturer's guidelines for timing and approach to filling pool; 2. Avoid filling too soon which could cause mottling; avoid drying out causing shrinkage cracking; 3. During pool filling it will be the responsibility of the Contractor to make sure shrinkage cracks do not occur; 4. City will provide water for filling the pool, and City staff will provide support during the filling process. General Requirements: The Contractor is responsible for taking appropriate measures to insure that pool shell does not heave during the course of this work, and shall be responsible for any and all damage Contractor may cause. B15 -03 Resurfacing of Swimming Pool 22 Contractor must provide physical samples of finished materials with bid documents to demonstrate color, finish texture, adhesion, non -slip qualities and thickness of materials and said samples shall remain property of City. The Contractor shall clean the site at the end of project. All trash will be removed from the site. If a dumpster is used, its location must be coordinated with city staff. Pre - Bid Conference The Contractor shall be required to attend the pre -bid conference /site visit scheduled on February 17, 2015 at 11:00 am local time, and perform an on -site walk through of the facility prior to submitting a bid for requested work. The purpose of the pre -bid conference shall be to discuss the scope of the project, sequence and timing of all operations, City and Contractor's respective responsibilities, to give Contractor access to site in order to take any measurements needed to accurately complete their bid, and any additional matters relating to the project. The Contractor must be acquainted with: the nature and location of the project; the local conditions especially those associated with the handling and storage of materials, availability of water, electric power and roads, the condition of the facility; the quality and character of the substrate to be encountered; and the character of equipment and facilities needed before and during the performance of the work. Contractor may need to supply their own electrical power including generators and power cords. Contractor Experience and Qualifications Contractor shall use only qualified, thoroughly trained and experienced craftsmen, completely familiar with the materials and methods specified. Contractor shall submit proof of ability and certifications to perform the work specified. Each bidding contractor shall have a minimum of five years' experience in work of the type specified herein and shall have satisfactorily completed the resurfacing of the interiors of at least five competition- class /institutional pools, at least half of which have been completed for over two years. Names and phone numbers of personnel familiar with the project at each of these pools must be submitted with bid documents. The contractor shall hold all appropriate licenses, City and State. WARRANTY The Contractor shall warrant the work against all defects in materials for a period of ten years' time and workmanship for one year's time from the date of completion of the project. This warranty includes but is not limited to separation of the Diamond Brite from the pool surface; objectionable discoloration other than minor variations due to batch differences; degrading of the finish coat material itself; or for any other reason shown as directly related to poor or incomplete B15-03 Resurfacing of Swimming Pool 23 preparation. The Contractor warrants that any such defects shall be repaired to like -new condition, notwithstanding minor variations in the "color" as above. Warranty liability does not include degradation or failure from normal wear. All warranty information whether it be expressed or implied must be supplied to the City by the Contractor. PAYMENT The City intends to make a single lump sum payment to the Contractor within (25) days of approved invoice, after the acceptance by the City of the installation of all equipment and materials as outlined in the specifications. END OF SECTION B15 -03 Resurfacing of Swimming Pool 24 cv A z r w w) a a U z h Z w a a w a a Q z w e' F w3 i w Ova „Tz x W vs WP��� cA A U a a O cf) A w d w a M a O a ( Q °: z A o a 0.7 to U A z z as w go, 0 � .. w x to A tt g w V a z a x a w O w H z H A a Q O o z U U A C7 0 Z Ga vD CZ* C E) EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of (5 percent of the Contract Bid) $ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20 . The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain 131d, attached hereto and hereby made a part hereof to enter into a contract in writing, for the B15 -03 Resurfacing of Swimming Pool (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or B15 -03 Resurfacing of Swimming Pool 26 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. 1315 -03 Resurfacing of Swimming Pool 27 BIDDER: Strike out (X) non - applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) B15 -03 Resurfacing of Swimming Pool 28 If Bidder is PARTNERSHIP, complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) B15 -03 Resurfacing of Swimming Pool 29 If Bidder is CORPORATION, complete this signature block. (1) (Corporation Name) (Witness) ( (State of Incorporation) (Witness) By: (Name of Person Authorized to Sign - See Note 1) (SEAL) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) B15 -03 Resurfacing of Swimming Pool 30 SURETY Witness: (If agency is not a Corporation) (Surety Business Name) (1) (Witness) (Principal Place of Business) (2) (Witness) By: (Surety Agent's Signature - See Note 2) Attest: (If Agency is a Corporation) (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) (Business Name of Local Agent for Surety) (Corporate Seal) (Business Address) (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice - president. (2) Complete and attach a certified copy of "Power -of- Attorney" prepared by Surety appointing individual "Attorney -in- Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney -in- Fact ". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. (6) Bid security is required only when the Bidder has less than three years of corporate existence. B15 -03 Resurfacing of Swimming Pool 31 ATTORNEY -IN -FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, personally came known to me, and known to be the Attorney -in -Fact of , a Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of (Surety Company) Given under my hand and seal this day of , 20 (Notary Public) My Commission Expires END OF SECTION B15 -03 Resurfacing of Swimming Pool 32 EXHIBIT D BID #B15 -03 COMPANY INFORMATION /SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. COMPANY NAME TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E -MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME /TITLE (PLEASE PRINT) STREET ADDRESS City STATE ZIP FEDERAL ID # Individual Corporation Partnership Other (Specify) Sworn to and subscribed before me this day of , 20 . Personally Known or Produced Identification Notary Public - State of (Type of Identification) County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public B15 -03 Resurfacing of Swimming Pool 33 EXHIBIT E ATTACHMENT COVER SHEET Attachment #1: Southern Grouts & Mortars, Inc., Diamond Brite & Quartz Series Exposed Aggregate Finishes Installation Manual Attachment #2: Aquatic Center Aerial Photo 2014 BI 5-03 Resurfacing of Swimming Pool 34 SOUTHERN GROUTS & MORTARS, INC. DIAMOND BRITETM & QUARTZ SERIES EXPOSED AGGREGATE FINISHES INSTALLATION MANUAL 1502 S.W. 2nd PLACE, POMPANO BEACH, FLORIDA 33069 (954) 943 -2288 Fax (954) 943 -2402 PLANT CITY, FLORIDA DALLAS, TEXAS CORONA, CALIFORNIA INTRODUCTION Diamond Brite is an exceptionally durable swimming pool and spa finish that is a unique blend of colored quartz aggregate and polymer modified cement. It was developed to answer both the consumer and contractor's demand for a longer lasting and more colorful pool finish that is resistant to traditional plaster problems. Diamond Brite will stand up to the harshest pool environments and can be cleaned by acid washing several times throughout its life span, without sustaining permanent damage. In the late 1980's spot etching and other plaster problems had reached epidemic proportion throughout the United States. Traditional limestone -based finishes deteriorated rapidly, even with reasonable chemical maintenance, leading to customer dissatisfaction and frustration for contractors. This rapid deterioration was due to the weak, soluble nature of the marble aggregate and fine cement paste at the plaster surface. The dissolution of the cement paste and subsequent erosion of the marble aggregate produced unsightly "spot etching" and discoloration. Minute fluctuations in water chemistry were sufficient to initiate the unstoppable process of deterioration that afflicted many pools and spas. Typical cleaning methods such as "acid washing" brought only temporary relief and in reality caused accelerated erosion. More than a few pool builders and service contractors went out of the plaster business as a result of the these problems. Finally, in the early 1990s, SGM introduced Diamond Brite to the swimming pool and spa industry. With its revolutionary use of insoluble quartz and exposed aggregate technology, Diamond Brite quickly took the industry by storm. Pool and spa contractors everywhere eagerly embraced Diamond Brite as a true advancement over existing pool plaster technology. In just five years there were over 100,000 Diamond Brite pools, including major water theme parks, international resorts, competition, commercial and residential pools and spas throughout the world. There is no secret to Diamond Brite's success. Quartz aggregate, unlike marble, is completely insoluble, even in the presence of highly corrosive acid. And, by intentionally removing the highly susceptible cement paste during the exposure process, a colorful, slip resistant and extraordinary durable surface is revealed. Finally, polymer modification of the cement used in Diamond Brite, increases hardness, improves bonding and reduces water penetration. Careful selection of the finest ingredients available and strict quality control procedures set SGM apart from all other manufacturers. Every batch of Diamond Brite, about 60 to 80 bags, produced at SGM manufacturing facilities in Pompano Beach Florida, Dallas Texas, and Corona California, is tested before shipping to insure our customers receive the highest quality product. Samples of each batch are stored at the factory for future reference in the event of a warranty claim. Finally, this manual is intended as a reference source only. It is assumed that the user is experienced in the application of standard swimming pool plasters and water chemistry. There is no substitute for hands -on experience in the application of Diamond Brite. Training by skilled installers is available through SGM and is the only way to acquire the necessary skills. Revisions will be published yearly as more information is accumulated. For more information or to get on our mailing list to receive a revised copy each year, contact your local SGM representative or call us at (800) 641 -9247. 2 DETERMINING COVERAGE A. Measure the total square footage of the pool's interior surface (walls and floor). Include extra material for steps, benches and swim outs. B. Determine the required number of bags by using 25 square feet per bag for the average pool. More material will be required for a rougher shell. Use 18 square feet per bag for Pearl, Golden Pearl and Tahoe Blue Golden Pearl due to the larger aggregate size. C. Always add 5% to 10% more bags to allow for error. It will not be possible to match areas plastered later due to shortages on the job site. Always take more than you need. II. PREPARATION OF THE SUBSTRATE OR POOL SHELL A. New Pool Shells 1. The shell must be free of any foreign material that may interfere with the bonding of the new plaster. 2. All loose material such as dripped thinset, grout, paint, dirt, patching or decking products must be removed by scraping, water blasting (pressure cleaning) or sand blasting. 3. Algae, mold and mildew must be eliminated by chlorine washing. Failure to do so will result in discoloration and bond failure (delaminations). 4. Remove any oil or grease with tri- sodium phosphate and water. Oils and grease left on the pool shell will cause bond failure and prevent proper etching and cleaning by waterborne acid solutions. To test for oil and grease, wet the entire pool shell surface and examine it carefully for beading water droplets. Heavily saturated areas may require soaking with liquid detergents until oil is removed. 5. Etch the surface with Muriatic Acid and water. Adjust the concentration as needed to properly clean and roughen the surface. Smoother shells will require a higher concentration of acid and vice versa. 6. All water penetration due to hydrostatic pressure (weepers) must be stopped. Use SGM Instant Hydraulic Cement to plug leaks and seal around fittings. 7. The shell must be fully cured at least 28 days. 8. All pool inlets and main drain lines should be plugged to prevent clogging during plasterwork and exposure. All plugs except the main drain should remain in place until the pool is filled to prevent drip stains. 9. Mark the location of all fittings with a small piece of tape placed on the coping directly above to prevent them from being accidentally covered during the plaster process. It may be best to draw a map indicating the locations of all fittings in projects with numerous inlets and outlets. B. Resurfacing Projects 1. Follow all of the above procedures. 2. Undercut all existing tile and fittings 2" away and 3/8" deep into the existing plaster substrate. 3 3. Sound out and remove all hollow and delaminated plaster. Identify the hollow spots and saw an area 3" outside them. Remove the loose plaster inside the cut area. 4. Fill the hollow with SGM Vinyl Patching Compound or SGM Sand Topping Mix and Concrete Bonding Agent bringing the area level with the existing plaster. 5. Apply SGM Bond Kote as directed. Each unit of Bond Kote consists of one 5- gallon pail of Liquid Resin and two 65 Ib., bags of Dry Mix and will cover approximately 500 square feet. Mix one 65 lb. bag of SGM Bond Kote with 1/2 pail of SGM Bond Kote Liquid Resin. Coat existing plaster using a 1 1/4" nap paint roller. AIIow material to set for one minute then create stipple texture by going over the area again with roller. AIIow Bond Kote to cure for at least 6 hours before plastering. If Bond Kote is rained on or left to sit for more than a few days it may have to be reapplied. III. MIXING Note: Diamond Brite is made in batches of 60 to 80 bags using natural ingredients. For this reason there will be variations in shade between batches. Batch numbers are stamped on the ends of every bag. It is therefore incumbent upon the user to follow these instructions explicitly to ensure the most consistent color throughout the pool. A. Separate the bags according to the batch numbers stamped on the bottom of each bag. Record all batch numbers. All warranties are rendered invalid without the batch numbers. B. Blend different batches together in each mix according to the ratio present at the job site. For example: If there are 30 bags total on the job and there are 20 bags of Batch A and 10 bags of Batch B then use 2 bags of A to 1 bag of B in every mix. C. Measure and add water to mixer. Hold back a portion of the water and add as necessary as mixing progresses. Careful measuring of the mix water will produce the best material. Lower water to cement ratios will produce plaster of greater strength and density. It is therefore best to use as little water as needed to produce a workable mix. Excess water will reduce strength and increase shrinkage (check) cracks. Water requirements will vary according to job site conditions. Note: Mix water quality is extremely important. Well water or water high in metal and mineral content will cause discoloration in finished Diamond Brite. Additionally, mix water of high hardness or alkalinity will cause the plaster to effloresce, releasing high levels of salts that produce calcium scale. This is especially true of colored Diamond Brite such as Midnite Blue, Onyx, Tahoe Blue and French Gray. Check mix water for metals, minerals, hardness and alkalinity before using. D. Start mixer and add Diamond Brite as quickly as possibly to ensure that all the material has the proper mix time. Failure to do so will produce uneven set times and result in washouts and streaking. E. Mix for a minimum of 5 minutes but no more than 10 minutes. This ensures even distribution of aggregates and increases the working time of the plaster. Insufficient mix time will result in uneven setting and shade variations. Too much mix time will produce an overall weaker plaster and may entrain undesirable air bubbles. As a rule of thumb, mix for only the amount of time required to produce a consistent, homogenous batter. F. Calcium Chloride may be used as an accelerator. It must be fully dissolved in water allowing impurities to settle out. Pour off the solution from the top being careful not to add impurities to the mix. The impurities found in calcium chloride flake and pellets have 4 been known to cause discoloration in pool plaster. No more than 2% by weight of cement (about 1/2 Ib. per bag) can be used. Overuse will cause discoloration. For best results use SGM Accelerator 100 at a maximum rate of 1/4 gallon per bag. IV. PUMPING Note: Although it is not necessary to use a plaster pump many contractors do. Included here are some helpful hints for successful pumping. A. Increase the size of the pump manifold from 3" to 4 ". This can be expensive and not all plasterers have found it necessary. Change the valve ball from plastic to steel to improve longevity. B. Set plaster pump to the lowest gear by moving the belt. Always begin pumping with a full stroke on the main piston. This is accomplished by advancing the wheel until the cam is at its highest position. B. Prepare a slurry of cement and water and run it through the pump first to prime the pump and lubricate the hoses. A pump aid can be used as directed. C. Pour the mixed plaster slowly into the pump hopper. Do not pour all the material in at once. Agitate the material in the hopper to prevent separation of the cement and aggregate. D. Pump the complete batch without stopping. Avoid unnecessary stopping during the pumping process. Diamond Brite aggregate will tend to settle in the pump manifold and hoses when the pump is stopped. E. Do not try to clear a jam using the pump. Disassemble and clean the manifold and hoses when clogged. Do not water down mix. This will only cause the material to separate, clogging the pump and hoses. V. APPLICATION A. Substrate should be cool and damp but not dripping wet. Mist the shell with cool, clean water but do not leave standing water. Standing water will weaken Diamond Brite in isolated areas and cause washouts. Note: Hot, dry shells will cause rapid setting of the plaster and result in check or shrinkage cracking and delamination. B. Discard unmixed material (lumps). Breaking up and toweling in lumps changes the set of the Diamond Brite in that spot. This will also create a weak spot and cause washouts. C. Apply a scratch coat to the bowl first. The bowl will set up last and it will be necessary to walk on the bowl during the exposure process. D. Beginning with the shady walls and working to the sunny walls trowel a scratch coat on the walls and allow to set up slightly. The set time will vary according to temperature and humidity so constant inspection of the plaster during the set time is essential. E. Apply a finish coat to the entire pool surface working to 3/8" - 1/2" thick. Careful toweling will help to ensure even exposure, reduce washouts and produce a comfortable slip resistant finish. The technique of "Slick Toweling" is recommended. In this process the cement paste is brought to the surface during toweling and is removed with the trowel. 5 This produces a slick surface and minimized the exposure needed. The aggregate can be seen through a thin film of cement paste after toweling is complete. F. Special attention must be given to the filling in of shoe spike holes. Toweling in the paste from the surface will result in the hole having no aggregate. The applicator must be careful to fill all spike holes with Diamond Brite aggregate to avoid visible spike holes. G. Extra care must be taken to ensure proper toweling in the coves and corners. Insufficient toweling in these areas will result in roughness and washouts (loss of cement and aggregate) during the exposure process. VI. EXPOSURE Note: You must have one workman for every 300 square feet to properly expose Diamond Brite. The exposure time is limited to approximately one hour but will vary according to local conditions. Beginning too early or too late will result in uneven exposure. Some areas may be ready for exposure while other areas are still being troweled. Constant inspection of the Diamond Brite for readiness is imperative. There are several techniques commonly used to expose Diamond Brite. The following is a list of the most popular techniques. A. Water Washing With Brushes Note: This is by far the most effective technique and produces the best results with standard Diamond Brite Finishes. It is not recommended for the Quartz Series. 1. When the Diamond Brite has lost its sheen or is no longer damp, it may be ready for exposure with soft bristle brushes and water. The material must be sufficiently set up to allow applicators to walk on the floor without leaving footprints. Wear white cotton socks or foam shoes when exposing Diamond Brite. Boots and bare feet are not recommended. 2. Test the plaster for readiness by carefully washing a small area with a soft bristle brush. If the cream washes away without losing aggregate the exposure process may begin. 3. Starting with sunny or fast setting areas begin washing away cement paste with water and brushes. Use a bucket first then progress to a soft flow of water from a garden hose as the material begins to harden. Begin using stiff bristle brushes as the set progresses. 4. Examine the plaster for hot spots that may be setting quickly. Mist these areas with water to allow longer exposure time. Over -cured cement paste will not remove easily and may require stiff bristle brushes to remove. Avoid slow setting areas like shady walls and the bowl. Washing too soon in these areas will cause washouts. If an area washes out it must be re- troweled immediately. Keep some extra Diamond Brite mixed up for use in patching washout areas. Use of torches or newspaper to dry wet areas is acceptable if done properly. 5. Keep a sump pump running in the main drain at all times to discharge the wash solution. Dispose of wash as directed by local requirements. 6. Avoid leaving hoses, buckets or any other items on the plaster during exposure. Any object left on the plaster during this critical phase may leave a "shadow" on the surface. In the event of shadowing heat may be carefully applied to remove the discoloration. 7. When all of the cement paste has been removed from the surface uniformly, the brush phase is complete. If done thoroughly, this will complete the exposure process. The process of acid washing as described below is optional. 6 8. If desired, an acidwash may now be performed using a 25% solution of Muriatic Acid (higher concentrations may be needed for stubborn areas) and water to remove the thin film that may remain on the surface. Proper safety equipment must be worn at all times. Begin washing the bowl first and work up to the shallow end. Following this procedure will minimize "rivers" or streaks on the floor. The use of an acidwash additive to reduce fumes and ensure uniform coverage is highly recommended. Neutralize and discard the wash solution according to local requirements. Neutralize acid remaining on the Diamond Brite with Soda Ash and water to avoid discoloration. B. Acid Washing Note: This technique is commonly used in cold climates or when the plasterers lack sufficient experience to undertake water washing. It is easier to do but can produce a less uniform finish. Use this technique when applying the Quartz Series. 1. After toweling, allow the plaster to fully set up. This may take anywhere from one to a few hours or overnight. 2. Begin acid washing by using a 25% solution of Muriatic Acid (higher concentrations may be needed for stubborn areas) and water to remove the cement film that may remains on the surface. Increase the concentration of the acid solution as needed. Proper safety equipment must be worn at all times. Begin washing the bowl first and work up to the shallow end. Following this procedure will minimize "rivers" or streaks on the floor. Acid wash walls and steps last. Do not allow acidwash solution to puddle in the bowl area. Use a sump pump to constantly discard the run off after it is diluted and neutralized. 3. The use of an acidwash additive to reduce fumes and ensure uniform coverage is highly recommended. Neutralize and discard the wash solution according to local requirements. Neutralize acid remaining on the Diamond Brite with Soda Ash and water to avoid discoloration. C. Wet Acidwash. Note: Also called Acid Start-up or No Drain Acidwash. This technique is sometimes used after water washing. It is also used in areas where the fill water is high in alkalinity and or hardness. When used alone without water washing this technique produces the least desirable results. It will not remove all of the cement paste evenly and will result in a streaked appearance. 1. Remove all metal such as ladders and lights from the pool and turn off the circulation system. If the ladder cannot be removed slip a plastic garbage over it to protect it from the acid. 2. After filling the pool test the alkalinity to determine the amount of Muriatic acid needed to lower the Total Alkalinity to zero. 3. Distribute the acid evenly throughout the pool. 4. Brush the pool thoroughly over the entire surface twice daily for 3 days. 5. Add a sequestering agent and raise the pH to the proper level with Soda Ash. 6. Start the circulation system and follow the start up instructions VII. STARTUP AND WATER BALANCE 7 A. After the finish is exposed, let it air dry for as long as conditions will allow. Delaying the fill water a few hours or until the next morning will reduce the occurrence of shade variations (mottling). Care must be taken not to over -dry the plaster and cause shrinkage cracking. There are no substitutes for experience and knowledge of local conditions, in determining how long to let a plaster air -dry. B. Pre - filter the water with a carbon tank and use a sequestering agent to eliminate stain - causing contaminants. C. Start the circulation system as soon as possible using the main drain line. Do not start the system until the water level is above the return inlets. Circulate the pool continuously for the first 3 days. D. On the first day test and record chlorine, pH, total alkalinity, calcium hardness and temperature levels. Adjust pH to 7.2 - 7.4 and the Total Alkalinity to 100 PPM. Dissolve all chemicals in water first and allow sufficient time for each chemical to be fully dispersed before adding others. Do not add chlorine or calcium chloride. E. Brush the entire surface twice each day for the first 3 days. Clean the filter as needed. F. On the second day repeat steps D. and E. G. On the third day, adjust all the chemistry to the following levels: Free chlorine: 1.0 - 3.0 PPM pH: 7.4 Total Alkalinity: 120 PPM Calcium Hardness: 200 PPM Stabilizer: 30 PPM * Note: Lower Calcium levels help to reduce scale and discoloration. H. Adjust the pump timer to normal operating hours. Do not install automatic pool cleaners for 28 days. J. Do not vacuum the pool with a wheeled vacuum for 14 days, to avoid leaving "wheel marks ". Brush type vacuums may be used immediately. K. Brush pool walls and floor daily for the first 2 weeks. Note: These suggested guidelines are based on feedback from our customers throughout the nation. They represent an average of what has worked best for the majority and do not guarantee that you will not experience common plaster phenomenon such as staining, mottling, efflorescence and scale. Water supplies vary from one municipality to the next and therefore commonsense, experience and good testing procedures must be followed. Refer to the N.S.P.I. guidelines on start up and chemistry for more detailed information. VIII. COLORED PLASTER All pool plasters are subject to shade variations, mottling, scale and efflorescence problems. Colored or pigmented pool plasters are especially prone to these characteristics. Diamond Brite is no exception. We recommend the use of a "Colored Plaster Release" when installing Midnite Blue, Onyx, French Gray, Tahoe Blue and other pigmented Diamond Brite. This document should advise the customer of the nature of colored plasters thereby avoiding future conflicts. VIII. USE OF DIAMOND BRITE ABOVE WATER A. Diamond Brite has been used in place of waterline tile, in fountains, waterfalls, negative edge pools, zero depth and beach entry applications where a more durable plaster is 8 required. It should be understood by the customer that the Diamond Brite above the water will have a dry appearance that differs from the plaster below water. Some check cracking may occur. Whenever possible water curing of exposed areas for 7 to 28 days will lessen the occurrence of shrinkage cracking and increase overall strength of the plaster. B. Any blisters due to air trapped during toweling will fill with water and may delaminate during freezing temperatures due to the expansion of frozen water. It is therefore imperative that the Diamond Brite be free of any blisters in above water applications. C. Diamond Brite is not impervious to water penetration and will therefore develop a water line ring due to the presence of oils and dirt at the water line that will require regular maintenance. IX. MISCELLANEOUS A. Recommended reading from the National Spa and Pool Institute (703) 838 -0083: "Pool Plaster Technology ". B. 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