BAYCARE BALLPARK STADIUM SEATING RESTORATIONDeLotto
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Date : October 26, 2021
TO: Leroy Chin
City of Clearwater — Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: BayCare Ballpark Stadium Seating Restoration
As requested, enclosed is the proposal for the seating restoration at the BayCare Ballpark submitted in accordance
for a Guaranteed Maximum Price of One Hundred Ninety One Thousand Twenty Five and xx/100 dollars
($191,025.00)
Scope of Work:
Construction Manager At Risk (CMAR) shall retain a subcontractor capable of restoration of the existing
seating at the BayCare Ballpark
Detail Scope of Work shall include all labor, equipment, materials and insurance to performed but not limited to
the following:
1. Product - Premium Color Restore
2. 7000 Dark Blue Tip -up Seats
3. Start Date: 45 days to complete from Notice to Proceed
4. All restoration work be by sections.
5. Document all existing seating damage prior to start (take photos).
6. Document and remove all season ticket holder name plates.
7. Mask all metal seat number plates and row end plate panels (Palm Tree)
8. Remove cup holders.
9. Sand metal stanchions as needed to remove rust. Spot prime as needed.
10. Lightly sand / scuff all seat topside plastic surfaces with 400 grit for adhesion.
11. Degrease, hand scrub, & pressure clean plastic seats to remove dirt, grease, etc. (includes stanchions). Drip
dry.
12. Final pre -spray wipe down of seats.
13. HVLP Spray apply one medium -wet coat adhesion promoter to seats.
14. Mask floors & walls directly under and behind all seating prior to each section being restored.
15. Premium Color Restore (Dark Blue) applied via HVLP spray system (8 psi at the gun) to seatbacks, seat
bottoms, stanchions, and armrests.
16. Cure 24 hrs.
17. Remove and dispose of all masking, plastic sheeting, etc.
18. Reinstall armrest cupholders as necessary.
19. Reinstall season ticket holder plates.
20. Clean work areas.
21. Inspect seats, photograph completed work.
DeLotto
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22. Provide a three year written warranty for color restoration work dated from acceptance by the Owner, from
installer of seating restoration works.
23. Upon completion a preliminary walkthrough shall be conducted with the CMAR and the Owner a punch list
of deficiencies shall be developed by the Owner. CMAR shall have employees available during the walkthrough
to address any deficiencies during the walkthrough.
Cost Detail:
Description
Amount
Stadium seating restoration work per the above scope of work
includes mobilization, demolition, labor, equipment, materials
and insurance.
$148,808.00
Surety Performance Bond
$2,200.00
CMAR General Conditions and Fees
$22,651.09
Subtotal of Lines 1 - 3 Above
$173,659.09
Contingency 10% of line above.
$17,365.91
Grand Total
$191,025.00
Project Duration shall be 45 calendar days from start of construction.
Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk
Services Continuing Contract entered into with the City of Clearwater on September 23, 2020, based on
#40-20.
If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall
provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the
recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of
Attorney. (1! GMP is less than $150,000 a bond is not required.)
For work performed, invoices shall be submitted to the City of Clearwater, Parks and Recreation Department,
100 S. Myrtle Avenue, Suite 120, Clearwater, Florida, 33756. Contingency services may be billed only after
written authorization is provided by the City to proceed with those services.
J. O. DeLotto & Sons, Inc.
Darrin Thomson
Vice President
Date
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CITY OF CLEARWATER, FLORIDA
Approved as to form:
Attest:
Owen Kohler
Assistant City Attorney
Countersigned:
rank Hibbard
Mayor
1 I Mi (Ai
Date
tCT,2"
Rosemarie Call
City Clerk
Afiethrtdenoweii, i'cov‘.C°""S.eterinrCity Manager 1vN S
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Date
SAMPLE BOND
BOND NUMBER SAMPLE BOND
AIA DOCUMENT A312-2010
Performance Bond
CONTRACTOR:
(Name, legal status and address)
J.O. DeLotto & Sons, Inc.
924 East Busch Boulevard
Tampa, FL 33612-8542
OWNER:
(Name, legal status and address)
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
CONSTRUCTION CONTRACT
Date:
Amount: One Hundred Ninety-one Thousand Twenty-
five And No/100 ($191,025.00)
SURETY:
(Name, legal status and principal place of business)
Liberty Mutual Insurance Company
175 Berkley Street
Boston, MA 02116
Description: (Name and Location)
BayCare Ballpark Stadium Seating Restoration, 601 Old Coachman Rd., Clearwater, FL 33765
BOND
Date:
Amount: One Hundred Ninety-one Thousand Twenty-
five And No/100 ($191,025.00)
Modifications to this Bond: ❑ None ® See Section 16
CONTRACTOR AS PRINCIPAL
Company: J.O. DeLotto & Sons, Inc.
(Corporate Seal)
X:
Name and Title:,
SURETY
Company: Liberty Mutual Insurance Company
(Corporate Seal)
SAMPLE BOND
X:
Name and Title: , Attorney -in -Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, Address and telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Bouchard Insurance (Architect, Engineer or Other Party)
P.O. Box 6090 Clearwater, FL 33758
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to
the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and
Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within
five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a
conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section
3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the
Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction
Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the Construction Contract:
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a
condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety
demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the
following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected
with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the
Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness
under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after
the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as
provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice
the Owner shall be entitled to enforce any remedy available to the Owner.
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract
Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from
the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused
by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No
right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators,
successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within
two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed
deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When
so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after
all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with
a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
This Bond is executed and accepted upon the express condition precedent that the Surety shall not be liable for any provisions
of the contract, or specifications, respecting guarantees for maintenance or repairs, except for defects in workmanship and
materials occurring within one (1) year after completion of the contract, nor is the Surety obligated to furnish any other Bond
covering such provisions of the contract, general contract, or specifications
The provisions of Section 255.05, Florida Statutes, and/or Section 713.23, Florida Statutes (as applicable) are incorporated
herein by reference.
(Space is provided for additional signatures of added parties, other than those appearing on the cover
page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
X: X:
Name and Title: Name and Title: