Loading...
HomeMy WebLinkAbout2026-024 A1 AGREEMENT No. 2026-024 SWIMMING POOL RESURFACING – MAIN POOL AND WADING POOL THIS AGREEMENT, is made and entered into this 14 day of January 2026, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and CANONO INVESTMENT LLC DBA PICK YOUR POOL COMPANY, whose address is: 2728 Millican Drive, Orlando, FL 32817, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the specifications entitled: RFB 26-033 titled Swimming Pool Resurfacing – Main Pool and Wading Pool, as prepared by the CITY and its agents and shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. 2. THE CONTRACT SUM The CITY shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Price Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed SEVENTY-EIGHT THOUSAND THREE HUNDRED FORTY- SIX DOLLARS ($78,346). 3. COMMENCEMENT AND COMPLETION OF WORK A. The CONTRACTOR shall commence work within Ten (10) calendar days after receipt of (i) Purchase Order and/or Notice to Proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within forty-five (45) days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Final Completion shall be fifteen (15) calendar days thereafter. B. The CONTRACTOR shall prosecute the work with faithfulness and diligence. C. The CONTRACTOR further declares to have examined the site of the work and that from personal knowledge and experience or that CONTRACTOR has made sufficient investigations to fully satisfy that such site is correct and suitable for the work and Contract Packet - 1 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 2 CONTRACTOR assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 4. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 5. LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Purchase Order and/or Notice to Proceed, or any authorized extension thereof, the CONTRACTOR shall pay to CITY the sum of THREE HUNDRED DOLLARS ($300) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the CITY, and shall be considered not as a penalty, but in the liquidation of damages sustained. CONTRACTOR shall pay the liquidated damages amount contained herein to CITY within fifteen (15) days of receipt of CITY’s written demand for such payment. B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed Contract Packet - 2 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 3 upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless the protection afforded by the CONTRACTOR covers such employees. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR’s Commercial General Liability Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR’s Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. SubCONTRACTOR's Public Liability and Property Damage Insurance The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 7.4. CITY's and CONTRACTOR’s Protective Liability Insurance The CITY shall procure and furnish a CITY's and CONTRACTOR’s Protective Liability Insurance Policy with the following minimum limits: A. Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit. Contract Packet - 3 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 4 7.5. "XCU" (Explosion, Collapse, Underground Damage) The CONTRACTOR’s Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 7.6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages The CONTRACTOR’s Liability Policy shall include Broad Form Property Damage Coverage, Products, and Completed Operations Coverages. 7.7. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. TAXES A. CONTRACTOR shall pay all taxes, levies, duties, and assessments of every nature that may be applicable to any work under this Contract. The Contract Sum and any agreed variations thereof shall include all taxes imposed by law. CONTRACTOR shall make any and all payroll deductions required by law. CONTRACTOR herein indemnifies and holds the CITY harmless from any liability on account of any and all such taxes, levies, Contract Packet - 4 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 5 duties, assessments, and deductions. Such indemnification shall be in accordance with the terms and conditions of the Indemnification provisions provided herein. B. CITY and CONTRACTOR hereby acknowledge that the CITY is a tax-exempt entity. Where applicable, and so directed by the CITY, the CITY reserves the right to implement, at its convenience, a tax exemption program to buy selected materials and place the tax savings in line item contingency. 9. SUCCESSORS, ASSIGNS AND ASSIGNMENT The CITY and the CONTRACTOR each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party in respect to all covenants, Agreements, and obligations contained in the Contract. It is agreed that the CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without the previous consent of the CITY and concurred to by the sureties. 10. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Canono Investment LLC dba Pick Your Pool Company 2728 Millican Drive, Orlando, FL 32817 Attn: Marcos Esteves, Owner-President OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Rick Van Wagner, City Manager Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. Contract Packet - 5 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 6 11. MISCELLANEOUS 11.1. Attorneys’ Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys’ fees at trial or on any appeal, in addition to all other sums provided by law. 11.2. Waiver The waiver by CITY of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 11.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be del eted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 11.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 11.5. Entire Agreement This Agreement, including the documents incorporated by reference, contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 11.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party’s assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of the CITY. 11.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 11.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Florida. Contract Packet - 6 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 7 11.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records law, including the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Florida’s Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331. 12. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. Contract Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFB 26-033 titled Swimming Pool Resurfacing – Main Pool and Wading Pool and CONTRACTOR's response thereto. E. Payment and Performance Bonds Contract Packet - 7 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 8 Contract Packet - 8 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT CANONO INVESTMENT LLC. **signature_64179** SIGNATURE **name_64179** FULL NAME **role_64179** TITLE **date_signed_64179** DATE SIGNED **signature_64177** SIGNATURE **name_64177** FULL NAME **role_64177** TITLE **date_signed_64177** DATE SIGNED ATTEST **signature_64183** SIGNATURE **name_64183** FULL NAME **role_64183** TITLE **date_signed_64183** DATE SIGNED Contract Packet - 9 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Marco Esteves Owner/President 1/23/20261/23/2026 Mayor Tim Murry City Clerk Tracy Ackroyd Howe 1/26/2026 Exhibit A Exhibit A Contract Packet - 10 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Contract Packet - 11 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 16 3. Scope of Work 3.1. General Requirements A. Scope: o The Contractor shall provide all labor, materials, equipment, supervision, and incidentals required to resurface the Main Swimming Pool and Wading Pool, in full compliance with applicable ADA standards, Florida Building Code (FBC), and State, County, and City health and safety codes. B. Documentation and Communication o Submit progress photos before each new phase and include documentation of any damage or disrepair. o Identify all existing and potential future defects before starting work. o Notify the City Project Manager immediately and schedule an on-site inspection before proceeding with corrective work. o Provide a written proposal and cost estimate for any additional work within seventy- two (72) hours of the meeting. o Proceed only upon written authorization from the City. C. Site Access and Working Hours o Work is permitted Monday through Friday, 8:00 AM to 6:00 PM. o No work shall occur on weekends or City-observed holidays without prior written approval. o The Contractor is responsible for maintaining a clean, safe worksite and protecting surrounding facilities. D. Protection Measures o Plug all pool drains, supplies, and return lines to prevent debris entry. o Implement erosion, dust, and waste control measures throughout the project. o Remove all waste and debris from the site on a daily basis. 3.2. Main Pool Specifications A. Pool Data o Area: 2,700 sq. ft. o Perimeter: 250 ft. o Volume: 80,784 gallons Contract Packet - 12 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 17 B. Surface Preparation o Drain the pool and control groundwater as needed. o Ensure surfaces are dry before work begins. o Remove all delaminated, cracked, or loose plaster; stains; and pitted areas. o Remove all existing tiles, depth markers, and fittings. o Bevel around all wall penetrations (lights, main drains, fittings) for a flush finish. o Modify gutter slopes and lips as required by code. o Pressure wash and acid wash all surfaces. o Apply Bond Kote to prepare the surface for the new finish. C. Tile and Finish Installation o Install new 6"x6" cobalt blue (or similar) waterline and beam tiles. o Install 2"x6" bullnose tiles at steps and gutter lips (set at a 2" pitch). o Install the following: ▪ Depth markers: (10) 6'-0", (4) 5'-0", (4) 4'-0", (12) 3'-0" ▪ "NoDiving" markers: (15) 6"x6" tiles ▪ LED fixtures: (5) new fixtures in existing niches ▪ Main drain frame: 12"x12" with VGBA-compliant grate D. Plaster Application o Apply a smooth, monolithic exposed quartz finish (Krystal Blue or similar) at 3/8" to 1/2" thickness. o Finish shall be uniform in color, free of stains, streaks, or trowel marks. E. Finalization o Fillthe pool with City-provided water. o Clean all affected areas. o Schedule and complete final inspection with the City Project Manager. 3.3. Wading Pool Specifications A. Pool Data o Area: 450 sq. ft. o Perimeter: 90 ft. Contract Packet - 13 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 18 o Volume: 2,525 gallons B. Surface Preparation o Drain and dry the pool; control groundwater as required. o Chip off and repair all defective surfaces. o Remove existing tiles. o Pressure wash and acid wash interior surfaces. o Apply Bond Kote to all prepared areas. C. Tile and Finish Installation o Retile inside beam with 6"x6" cobalt blue (or similar) tile. o Retile steps with 2"x6" bullnose cobalt blue tile. o Replace 12"x12" main drain frame and grate (VGBA compliant). o Install new depth and "No Diving" markers as required by FBC. o Resurface with exposed quartz finish (Krystal Blue or similar) at 3/8" to 1/2" thickness. D. Finalization o Fill the pool with City-provided water. o Remove all debris and clean the site. o Notify the Project Manager for final inspection. 3.4. Materials and Standards All materials shall meet or exceed current FBC and Department of Health standards. Component Specification Color/Type Waterline Tile 6"x6" Cobalt Blue Inside Beam Tile 6"x6" Cobalt Blue Step Tile 2"x6" Bullnose Cobalt Blue Gutter Lip Tile 2"x6" Bullnose, 2" pitch Cobalt Blue Depth Markers 6"x6" Per existing layout "No Driving" Markers 6"x6" Per existing layout Contract Packet - 14 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 19 Finish Exposed Quartz Krystal Blue or similar Main Drain & Grate 12"x12", VGBA compliant Lighting LED Fixtures (5 total) Energy-efficient, waterproof 3.5. Submittals Before construction begins, the Contractor must provide: • Product data sheets and material safety data (MSDS) for all materials. • Tile and finish color samples for approval. • Project schedule and sequence of operations. • Proof of licenses, insurance, and manufacturer certifications. 3.6. Estimated Time of Completion Mobilization & Site Preparation: 2–3 days • Deliver all materials, equipment, and supplies to the site. • Erect temporary fencing to secure work areas at both pools. • Protect adjacent landscaping and facilities. • Set up water discharge and debris containment measures. • Conduct a pre-construction meeting with the City Project Manager to review procedures and safety requirements. Main Pool Draining & Inspection: 1 day • Drain the main pool and control groundwater as necessary. • Inspect for cracks, delamination, and surface defects. • Document all existing conditions and review with the Project Manager before continuing. Surface Preparation & Tile Removal: 4-5 days • Chip away delaminated plaster, remove tiles, depth markers, and fittings. • Grind and bevel wall penetrations for new finish installation. • Pressure wash and acid wash the entire surface for proper adhesion. • Allow the pool to dry completely prior to applying Bond Kote. Bond Kote Application: 1 day Contract Packet - 15 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 20 • Apply Bond Kote bonding agent across all prepared surfaces. • Allow to cure at least 24 hours before plaster application. Tile Installation: 3 days • Install new 6"x6" cobalt blue (or similar) tiles along the waterline and beam. • Install 2"x6" bullnose tiles on steps and gutter lips with a 2" pitch. • Replace all depth markers and “No Diving” tiles in existing locations. LED Fixture Replacement: 1 day • Install five (5) new LED fixtures in existing niches. • Test for watertightness and verify proper electrical function. Quartz Finish Application: 2 days • Apply exposed quartz plaster finish (⅜"–½" thick, Krystal Blue or approved equivalent). • Ensure a smooth, consistent, and uniform color finish. Curing & Refill: 2 days • Allow plaster to cure according to the manufacturer’s recommendations. • Refill the main pool with City-provided water and test the water balance. Main Pool Inspection: 1 day • Conduct a joint inspection with the City Project Manager. • Address any noted deficiencies before moving to the wading pool. Wading Pool Draining & Surface Preparation: 2-3 days • Drain the wading pool and manage groundwater. • Chip away damaged plaster, remove existing tiles, pressure wash, and acid wash surfaces. • Allow to dry before applying Bond Kote. Bond Kote Application (Wading Pool): 1 day • Apply Bond Kote to all prepared surfaces. • Allow to cure a minimum of 24 hours prior to tile or finish installation. Tile & Drain Installation: 2 days • Install 6"x6" cobalt blue beam tiles and 2"x6" bullnose step tiles. • Replace the 12"x12" VGBA-compliant main drain frame and grate. Contract Packet - 16 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 21 • Install new depth and “No Diving” markers as required by code. Quartz Finish Application (Wading Pool): 1 day • Apply exposed quartz finish (⅜"–½" thick, Krystal Blue or similar). • Ensure uniform color and smooth finish. Curing & Refill (Wading Pool): 2 days • Allow the plaster to cure according to the manufacturer’s guidelines. • Refill with City-provided water and test for leaks. Final Cleanup & Inspection: 1 day • Remove all waste, debris, and temporary barriers. • Clean and restore surrounding areas and landscaping. • Conduct final inspection and obtain acceptance from the City Project Manager. Total Estimated Duration: 20-24 working days (approximately 4-5 weeks) • Dependent on weather conditions, inspection availability, and material delivery. 3.7. Warranty A. Pool Finish Warranty: 5 years o The exposed quartz pool finish shall be covered by a five (5) year manufacturer’s warranty against defects in materials and workmanship, including but not limited to cracking, delamination, discoloration, and surface failure resulting from improper bonding or application. The Contractor shall submit all manufacturer warranty certificates and registration documentation to the City at project completion. B. Materials & Labor Warranty: 1 year o All other materials, workmanship, and installation activities, including tile, lighting fixtures, plumbing fittings, and related components, shall be covered under a one (1) year warranty from the date of final acceptance by the City. The Contractor shall repair or replace, at no cost to the City, any defective or nonconforming work identified during this warranty period. C. Warranty Service Requirements: Ongoing o The Contractor shall respond to all warranty-related notifications within five (5) business days of receiving written notice from the City. o Any repairs or replacements shall be performed promptly and in accordance with the manufacturer’s specifications. Contract Packet - 17 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 22 o If the Contractor fails to respond or correct deficiencies, the City reserves the right to perform such work and back-charge the Contractor for associated costs. D. Exclusions The warranty shall not cover damage caused by: o Improper pool maintenance or chemical imbalance was not performed by the Contractor. o Acts of vandalism, natural disasters, or misuse by others. o Structural movement of the existing pool shell or deck outside the Contractor’s control. E. Warranty Documentation All warranties shall be submitted to the City Project Manager prior to final payment. Documentation shall include: o Manufacturer’s warranty certificates for all finish materials. o Contractor’s written warranty statement for labor and installation. o Warranty contact information and claim procedures. 3.8. Experience and Qualifications Requirements A. Contractor Experience o The Contractor shall have a minimum of five (5) years of verifiable experience in the resurfacing, renovation, or restoration of commercial or municipal swimming pools of similar size and scope. o The Contractor shall have successfully completed at least three (3) comparable pool resurfacing projects within the past five years. o Project references must include: ▪ Project name and location ▪ Owner or agency name ▪ Contact person with current phone and email ▪ Project description, completion date, and contract value B. Personnel Qualifications o The Contractor shall assign qualified personnel experienced in pool construction, plaster application, tile installation, and waterproofing. o The designated Project Superintendent or Site Foreman must have a minimum of three (3) years of supervisory experience on similar pool resurfacing projects. Contract Packet - 18 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305 Request For Bid #RFB 26-033 Title: Swimming Pool Resurfacing – Main Pool and Wading Pool 23 o All personnel performing electrical work (including LED lighting installation) shall be licensed electricians in the State of Florida. 3.9. Licensing and Certifications • The Contractor must hold a valid State of Florida Commercial Pool/Spa Contractor License (CPC or RP) or other appropriate certification that allows for the performance of public pool resurfacing work. • All licenses shall be current and in good standing at the time of bid submission and throughout the contract period. • The Contractor shall comply with all applicable Department of Health and Florida Building Code (FBC) requirements. 3.10. Manufacturer Qualifications • The Contractor must use materials supplied by approved manufacturers of pool plaster, bonding agents, and tiles with a proven record of performance in commercial applications. • The Contractor or applicator shall be certified by the pool finish manufacturer (where applicable) for installation of the specified quartz finish system. 3.11. Submittal Requirements The following documentation shall be submitted with the bid: • List of at least three (3) completed pool resurfacing projects with references. • Copy of the current State of Florida contractor’s license. • Manufacturer or installer certification for quartz finish application. • Statement of project staffing, including key personnel and their roles. • Proof of required insurance coverage in accordance with the specification. Contract Packet - 19 of 19 Docusign Envelope ID: 54E47E45-A69C-4B17-9E7B-11A9D8D30305