HomeMy WebLinkAbout2005 Capp Custom Bldg - Hurricane Repairr
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CITY OF SEBASTIAN CHANGE ORDER FORM
Hurricane Related Repair to
CHANGE ORDER #: #2 PROJECT NAMEsehagti an municiMj Golf CoLBe
PURCHASE ORDER # 4665 PROJECT #: 410110/534610
CONTRACTOR: Capp Custom Builders, Inc. PHONE #: (772) 589-3452
ADDRESS: 735 G Commerce Center Dr. CONTRACT NAME:
Sebastian, FL 32958 CONTRACT DATE: 08/01/05
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon
proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below
are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said
Contract are enjoined and in full force while executing the change(s) stipulated as follows:
Remove S Replace Rtructural Aluminum & Roof PaneIR Tnr I uiina1aCkPr Rr_xtin 27.954.00
Remove S Renlane Flectriml ata Resmired Tricludina Tdrker Roam 7.920.(1()
Rwnrrve & Renlare Damaged RrF_erinr Hand Walls 1;. Tr r R, Walls q,454-00
Remove S. Replace Storage Lockers $13,279.00; Flooring Locker Area $2,944.00;Encl.$720.00
TOTAL COST THIS CHANGE ORDER.........................................................................$62, 27$ 99
A) CONTRACT PRICE PRIOR TO THIS CHANGE SR, 7fin _ fin
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $53 533 ()()
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER %2 2:73 00
B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS)
NET INCREASE RESULTING FROM THIS CHANGE (NUMBER OF DAYS)
NEW COMPLETION DATE INCLUDING THIS CHANGE MO. _ DAY YR
AGREED:
CONTRACTOR: CIT OF S B TIAN:
Date: n"/�� O� Date:
Authorized Sign Ire City Manager
Aoorovals By City of Sebastian Staff: ATTEST:
Golf Course Director�Ito change
Finance Director �P� as to budget
City Attorney as to legal
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S A. Malo, MMC, City Clerk
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HOME OF PEUCAN BUND
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NOTICE TO PROCEED
Golf Course Construction Services
DATE: October 20, 2004 (Hand Delivered)
TO: Mr. Michael P. Capp
Capp Custom Builders, Inc.
109 Harbor Point Dr.
Sebastian, Florida 32958
You are hereby notified to commence work on October 20. 2004, per the terms
and conditions of the signed Construction Services Agreement dated October 20, 2004,
pertaining to Hurricane Frances, and Hurricane Jeanne related damage to City of
Sebastian Municipal Golf Course repairs thereof.
Your attention is called to the Liquidated Damages Clause in said Contract which
requires all work in Exhibit "A' to be completed within 180 consecutive calendar days
from the start date set above. $150 per day will be assessed for each day late.
We look forward to working with you on this project.
1
Paul Wagner, Gep ral Services Administrator
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this 04w day of 2004, by and
between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida,
1225 Main Street, Sebastian, Florida, 32958, ("City") and Capp Custom Builders, Inc., a
Corporation of the State of Florida, 109 Harbor Point Drive, Sebastian, Florida, 32958
("Contractor"), sets forth that
WHEREAS, the City desires to engage a Contractor who has special and unique
competence and experience in Construction Services; and
WHEREAS, the Contractor represents that it has such competence and
experience in providing these services; and
WHEREAS, the City in reliance on such representation has selected the
Contractor in accordance with the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their
understanding and agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. This Agreement shall commence on the day it is executed by both
parties and the term of the Agreement shall extend until the obligations hereunder are
completed.
2. CONTRACT DOCUMENTS. The CONTRACT DOCUMENTS
consist of this Agreement, Exhibit "A", Work Orders, Change Orders, if any, any other
documents listed in the Contract Documents, and written modifications issued after
execution of this Agreement, if any.
(a) Intent. The individual instruments listed are an integrated part of
the Contract Documents and as such will not stand alone if used independently, but
instead establish minimum standards of quality for this Project. They do not purport to
cover all details of performing the Work. The intent of the Contract Documents is to set
forth requirements of performance and standards of materials and construction.
Contractor shall otherwise devise the means of installing the specified improvements. It
is also intended to include all labor and materials, equipment, and transportation
necessary for the proper execution of the Work, to require new material and equipment
unless otherwise indicated, and to require complete performance of the Work in spite of
omission of specific reference to any minor component part and to include all items
necessary for the proper execution and completion of the Work by the Contractor.
Performance by the Contractor shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce
the intended results.
(b) Entire and Sole Agreement. Except as specifically stated herein, the
Contract Documents constitute the entire agreement between the parties and supersede all
other agreements, representations, warranties, statements, promises, and understandings
not specifically set forth in the Contract Documents. Neither party has in any way relied,
nor shall in any way rely, upon any oral or written agreements, representations,
warranties, statements, promises or understandings not specifically set forth in the
Contract Documents.
(c) Amendments. The parties may modify the Contract Documents at any
time by written agreement. Neither the Contract Documents nor any term thereof may be
changed, waived, discharged or terminated orally, except by an instrument in writing
signed by the party against which enforcement of the change, waiver, discharge or
termination is sought.
(d) Construing Terms. The Contract Documents shall not be construed
against the party who drafted the same, as both parties have obtained experts of their
choosing to review the legal and business adequacy of the same. In the event of a conflict
between the terms of the Contract Documents, primary effect shall be given first to
written modifications issued after execution of this Agreement, if any, then in descending
order: Exhibit "A", and the remainder of said documents.
3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may
engage the Contractor and the Contractor hereby agrees to perform contracting services
for the City in accordance with this Agreement.
4. DISCREPANCIES. Any discrepancies found between the Exhibit "A"
and site conditions, or any errors or omissions in the same shall be immediately reported
to the City. The City shall promptly determine the validity and seriousness of the
claimed condition and correct any such error or omission in writing, or otherwise direct
Contractor. Any work done by the Contractor after his discovery of such discrepancies,
errors or omissions shall be done at the Contractor's risk.
Any correction of errors or omissions in the Exhibit "A" may be made by the City
when such correction is necessary for the proper fulfillment of their intention as
construed by City. Where said correction of errors or omissions, except as provided in the
next paragraph below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be negotiated between the parties and must
be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Contract
Documents, whether intentionally or otherwise, when the same is usually and customarily
required to complete fully such work as is specified herein, will not entitle the Contractor
to consideration in the matter of any claim for extra compensation, but the said work
must be installed or done the same as if called for by the Contract Documents. All work
and material usual and necessary to make the Work complete in all its parts, whether or
not they are indicated or mentioned, shall be furnished and executed the same as if they
were called for by the Contract Documents. The Contractor will not be allowed to take
advantage of any errors or omissions in the Contract Documents. The City will provide
full information when errors or omissions are discovered.
5. COMPENSATION. The City will pay the Contractor the fixed sum amount
of $80,332.00 for performance of the Work hereunder. City shall pay the fixed sum
amount as invoiced monthly by the Contractor based upon amount of work completed
upon issuance of a Notice to Proceed, and the remaining balance shall be invoiced upon
completion. Upon approval of the invoice by the Project Manager, City shall pay said
invoice less ten (101/6) percent retainage in accordance with industry standards.
Claims. Claims arising from changes or revisions made by the Contractor
at the City's request shall be presented to the City before work starts on the changes or
revisions. If the Contractor deems that extra compensation is due for work not covered
herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of
its intention to make claim for extra compensation before work begins on which the claim
is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the
Contractor hereby waives its request for such extra compensation. The City is not
obligated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional work requested by the City until an
appropriate agreement is executed by the parties. Any such subsequent agreement shall
be inclusive of all claimed compensation and expenses related to the additional work,
including claims for delay or acceleration. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as
proving the validity of the claim.
6. RELEASES. When it is determined, as a result of a joint inspection of the
Work by the Contractor, City, and Project Manager that the Work has been completed in
accordance with the terms of the Contract Documents, the Project Manager shall certify
completion of the Work to the City. At that time, the Contractor may submit the
Contractor's final request for payment. Prior to final payment, the Contractor shall
execute and deliver to the City a Contractor's Affidavit and Release of Claim for all
claims against the City arising under or by virtue of the work order. Also, each request
for payment must have a Claimant's Sworn Statement of Account, executed by the
supplier or subcontractor, attached from each supplier or subcontractor who has notified
the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's
Affidavit and Release of Claim as an unpaid potential Claimant.
7. PROJECT SCHEDULES The Contractor shall perform the services outlined
under Paragraph 3 of this Agreement in a timely manner consistent with the assignment
schedules as mutually agreed upon by the City and the Contractor. No extension of time
shall be valid unless given in writing by the City. Time is of the essence in achieving the
completion date herein, and the City shall impose liquidated damages against the
Contractor in the amount of $150 per day for each day that all of the work stated in
Exhibit "A" is not completed within 180 consecutive calendar days from the start date
referenced in the Notice to Proceed.
A delay beyond the Contractor's control occasioned by an "Act of God" shall
entitle the Contractor to an extension of time in which to complete the Work as
determined by the City provided, however, the Contractor shall immediately give written
notice to the City of the cause of such delay. The words "Act of God" mean an
earthquake, flood, hurricane (or other named tropical event including enumerated tropical
depressions), tornado or other cataclysmic phenomenon of nature. Time extensions shall
be the exclusive remedy for any claimed damages originating from such delays. Rain,
Wind or other natural phenomenon (including tropical waves) of normal intensity for the
locality shall not be construed as an Act of God, and no extensions or claims for delay
damages may be based upon the same.
The City shall have the authority to suspend the Work wholly or in part, for such
periods as may be deemed necessary and for whatever cause, by serving written notice of
suspension to the Contractor. In the event that the Project Manager shall become aware of
any condition that may be cause for suspension of the Work, the Project Manager shall
immediately advise the City of such condition. The Contractor shall not suspend
operations under the provisions of this Paragraph without the City's permission. In the
event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the Work was suspended;
except, however, that the Contractor will not be granted an extension of time to complete
the Work if the suspension was caused by a fauh of the Contractor.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may
be terminated by the City without cause provided at least ten (10) days written notice of
such termination shall be given to the Contractor. In the event the City without cause
abandons, terminates or suspends this Agreement for greater than thirty days, the
Contractor shall be compensated for services rendered up to the time of such termination
on a quantum meruit basis and any work done by the Contractor shall remain the property
of the City.
9. CITY'S PROJECT MANAGER. City shall designate a Project
Manager. All work done shall be subject to the review of the Project Manager and City.
Any and all technical questions which may arise as to the quality and acceptability of
materials furnished, work performed, or work to be performed, interpretation of all
technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor, shall be referred to the Project Manager, who will resolve such questions.
However, the City shall not be responsible for the acts or omissions of the Contractor.
10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be solely responsible for and
have control over construction mans, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under this Contract, unless the Contract
Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide
and pay for labor, materials, equipment, tools, construction equipment and machinery,
utilities, transportation, and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all
sales, use and other similar taxes. Contractor currently holds and shall maintain at all
times during the term of this Contract all required federal, state and local licenses
necessary to perform the Work required under the Contract Documents. It is the
responsibility of the Contractor to secure any permit(s) required prior to starting work.
11. PERSONNEL. The Contractor represents that it will secure at its own
expense all personnel and sub -Contractors required for services which are necessary to
perform the Work, and all persons engaged in work under the Agreement shall be
qualified to perform such services and authorized under federal, state and local laws to
perform such services. Personnel who perform services under this Agreement shall not
be employees of the City.
All workmen must have sufficient knowledge, skill and experience to perform
properly the work assigned to them. Any foreman or workman employed by the
Contractor or subcontractors who, in the opinion of the City, does not perform his work
in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate
manner shall, at the written request of the City, be discharged from the Project
immediately and shall not be employed again in any portion of the Work without the
approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of
his employees and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor
Occupational Safety and Health Act and the laws of the State of Florida. This Contract
requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to
comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse
the City for any fines and/or court costs arising from penalties charged to the City for
violations of OSHA committed by the Contractor or any and all subcontractors.
The Contractor shall take all reasonable precautions for the safety o% and shall
provide all reasonable protection to prevent damage, injury or loss to, all employees on
the Work and all other persons who may be affected thereby; all the work materials and
equipment to be incorporated therein, whether in storage on or off the project site, under
the care, custody or control of the Contractor or any of his subcontractors; and other
property on the project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, he
shall notify the Project Manager and City of the emergency as soon as practicable, but he
shall not wait for instructions before proceeding to properly protect both life and
property.
The Contractor shall be held fully responsible for such safety and protection until
final written acceptance of the Work.
13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of
the Work by the City, it shall be under the charge and care of the Contractor, and he shall
take every necessary precaution against injury or damage to the Work by the action of the
elements or from any other cause whatsoever, whether arising from the execution or from
the non -execution of the Work. The Contractor shall rebuild, repair, restore and make
good, without additional compensation, all injury or damage to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the City, before its
completion and acceptance.
Materials and equipment shall be stored so as to incur the preservation of their
quality and fitness for the Work. When considered necessary, they shall be placed on
wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall
be placed under cover. Stored materials and equipment shall be located so as to facilitate
prompt inspection.
14. CLEANING UP. The Contractor shall at all times keep the premises free
from accumulation of waste materials or rubbish caused by his employees or work. At the
completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus
materials and shall leave his work "broom clean" or its equivalent, unless more exactly
specified, and shall insure that all debris and other unsightly objects are removed and
disposed of in a satisfactory manner. At no additional expense to the City, the Contractor
will restore to their original conditions or better, as nearly as practicable, those portions
of the site not designated for alteration and all such property, structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work.
The Work will be considered complete only after all debris and unused material
due to or connected with the Work have been removed and the surrounding area left in a
condition satisfactory to the City. In the event the City finds that the Contractor has not
complied in keeping the job site clean, the City may, after twenty-four (24) hours written
notice to the Contractor to correct the situation, elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
Final payment will be withheld until such clean up and repairs are completed
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not
assign any interest in the work orders or this Agreement and shall not transfer any interest
in the same without the prior written consent of the City. Any sub -contracts or other
work which is performed by persons or firms other than the Contractor under this
Agreement or any work orders shall have prior written approval of the City Manager.
Any subcontracts or outside associates or Contractors required by the Contractor in
connection with services covered by this Agreement or any work orders must be
specifically approved by the City Manager.
16. INDEMNIFICATION. The Contractor shall indemnify and save harmless
the City, its agents, subcontractors, servants, and employees from and against claims,
liability, losses, or causes of action to the extent arising from any misconduct, negligent
act, or omission of the Contractor, its agents, servants or employees in the performance of
services under this contract.
17. INTERESTS OF CITY OFFICIALS. No officers, members or employees
of the City and no members of its governing body, and no other public official of the
governing body of the locality or localities in which services for the facilities are situated
or carried out, who exercises any functions or responsibilities in the review or approval of
the undertaking or carrying out of this project, shall participate in any decision relating to
this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The
Contractor agrees that no Federal appropriated funds have been paid or will be paid by or
on behalf of the Contractor to any person for influencing or attempting to influence any
officer or employee of any Federal agency, a member of Congress, an officer or
employee of Congress or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the making of any
Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal contract, Grant, loan or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the
Contractor to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with any FDOT Joint
Participation Agreement, the undersigned shall complete and submit Standard Form -LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
19. CONFLICT OF INTEREST. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which shall conflict in
any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall
not undertake any professional work which conflicts with his duties as the City's
Contractor without the prior written consent of the City during the term of this
Agreement. Any work where the Contractor can reasonably anticipate that it may be
called to testify as a witness against the City in any litigation or administrative
proceeding will constitute a conflict of interest under this Agreement.
20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply
with all known laws and regulations relating to providing services under this Agreement.
The failure of the Contractor to adhere to any known law or regulation pertaining to
furnishing services under this Agreement shall constitute a material breach of this
Agreement.
21. WAIVER. The waiver by the City of any of the Contractor's obligations
or duties under this Agreement shall not constitute a waiver of any other obligation or
duty of the Contractor under this Agreement.
22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement
with the City, stating whether a person or affiliate as defined in Section 287.133 (1),
Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989,
in accordance with the provisions of Section 287.133 of the Florida Statutes.
23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants
that he has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor to solicit or secure this Agreement and that
he has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this paragraph, the City shall
have the right to terminate the Agreement without liability and, at its discretion, deduct
from the Agreement price, or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
24. BOND. The Contractor shall not be required to provide Bonds in the
form prescribed by State Law, and generally as shown in these Documents, for
Performance and Payment.
25. DRUG-FREE WORKPLACE. The contract documents also consist of
the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089
and must be signed.
27. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of Florida and venue for any action pursuant to the Agreement Documents shall
be in Indian River County, Florida. The parties hereto expressly waive trial by jury in
any action to enforce or otherwise resolve any dispute arising hereunder.
28. CONSTRUING PROVISIONS. This Agreement shall not be construed
against the party who drafted the same, as both parties have obtained experts of their
choosing to review the legal and business adequacy of the same.
29. INSURANCE. The Contractor agrees to carry insurance, of the types and
subject to the limits as set forth below and maintain said insurance during the life of this
agreement:
(a) Workers' Compensation - Contractor shall purchase workers'
compensation insurance as required by law.
(b) Commercial General Liabilitv - Contractor shall purchase Commercial
General Liability insurance with a combined single limit of at least
$1,000,000.
(c) Commercial Auto Liabilitv - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating
Guide. The Contractor and the insurance company(s) shall agree to fiunish the City
thirty (30) days written notice of their intent to cancel or terminate said insurance. It is
the full responsibility of the contractor to insure that all sub -contractors have full
insurance coverage as stated above.
The Contractor shall not commence the Work until he has obtained all the
insurance required under this paragraph and certificates of such insurance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until all insurance required has been so obtained and approved
by the City. The Contractor shall carry and maintain until acceptance of the Work,
insurance as specified herein and in such form as shall protect him and any subcontractor
performing work under this Contract, or the City from all claims and liability for
damages for bodily injury, including accidental death, under this Contract, whether by
himself or any subcontractor or by any one directly or indirectly employed by either.
The Contractor shall furnish to the City certificates of insurance in duplicate
showing proof of insurance, naming the City as additional insured parties, prior to the
start of construction as provided in the Contract.
30. GUARANTEE. The Contractor shall warrant all equipment furnished and
work performed by him for a period of one (1) year from the date of final written
acceptance of the Work by City. All equipment and material warranties or guarantees
shall be drawn in favor of the City and the originals thereof furnished to the City for
acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from
subsequent claims of beach of contract due to substandard materials or workmanship, nor
shall such warranty period shorten the statute of limitations for bringing a breach of
contract or other action based upon any such deficiencies.
Any materials, equipment or work which do not satisfactorily meet the Site Plan
and Specifications may be condemned by the City by giving a written notice to the
Contractor. All condemned materials, equipment or work shall be promptly taken out and
replaced. Any defective work whether the result of poor workmanship, use of defective
materials, damaged through carelessness or from other cause shall be removed within ten
(10) days after written notice is given by the City, and the work shall be re -executed by
the Contractor. The fact that the City may have previously overlooked such defective
work shall not constitute an acceptance of any part of it. Should the Contractor fail to
remove rejected work or materials within ten (10) days after written notice to do so, the
City may remove them and may store the materials and equipment.
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of responsibility for faulty materials or workmanship. The City shall promptly
give notice of faulty materials and workmanship and the Contractor shall promptly
replace any such defects discovered within one (1) year from the date of final written
acceptance of the Work by the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST (SEAL):
Sa_yl Maio,
City Clerk "
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Atto y
THE CITY OF SEBASTIAN
Signed, sealed and delivered CONTRACTOR:
in the presence of:
By:
Its:
=L
-L
10/15/2004 14:35 7725896730 SEBASTIAN GOLF CRSE
r` CAPP
'k: �J. 601 CUSTOM
BUILDERS, INC.
109 Harbcv Point !?r.
Sebastian, FL 32958 N �/
September 22, 2004
City of Sebastian
Attn: Greg Gardner
Re: hurricane Frances damage Repair
Labor & Material Estimate:
PAGE 01
Phone 15611 569-3452
Fax (5611 589-3131
Club House
1. Re -roof Club House as required with new Torch Down on flat deck, and new 30 year
dimensional shingles over 30# felt.
2. Remove and replace drywall and insulation a5 required.
3. Texture ceiling and paint as required.
4. Reinstall fan & ligbt fixtures.
5. Cleanup Total Sum: $51,660.00
Water Station, Starter Shed
Re -roof & replace vinyl ceiling/soffits as required, and cleanup. $2,072-00
Vending/Storage
Re -roof and replace siding and trim as required, and cleanup $2,160.00
Golf Coarse Maintenance Barn
Replace metal roof as required. $2,000-00
Restroorns
New hip roof with trusses, and 30 yr. shingles. Repair and pour beam and block, replace sink
& faucet, paint, and cleanup. $13,680.00
Cart Dam
Remove & replace aluminum pan roof. $8,760,00
Respectfully Submitted,
Michael P. Capp
C00037323
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, i accordancfe with Florida Statute 287.087 hereby
certifies that CAPP C14srt"9 IQ H+ tJw.3 � SNc , does:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, employee assistance programs and the penalties that
may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a
condition of working on the commodities or contractual services that the
employee will abide by the terms of the statement and will notify the employer
of any conviction of, or plea of guilty or nolo contendere to any violation of
Chapter 1893 or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace
through implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date: _�2 0- ® y
Contractor
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response to this invitation or a
contract, must execute the enclosed form PUR. 7069, sworn statement under section
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper
cheek(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are
submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities
and receive payment from the resulting contract, it is your responsibility to see that copy(ies)
of the form are executed by them and are included with your quote, bid, or proposal.
Corrections to the form will not be allowed after the quote, bid, or proposal opening time and
date. Failure to complete this form in every detail and submit it with your quote, bid, or
proposal may result in immediate disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and make available to other political
entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from
public contracting and purchasing process because they have been found guilty of a public
entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a
violation of any State or Federal law by a person with respect to and directly related to the
transaction of business with any public entity in Florida or with an agency or political
subdivision of any other state or with the United States, including, but not limited to, any bid
or contract for goods or services to be provided to any public entity or with an agency or
political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any contract to, or transact
any business in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for category two (currently $10,000) with any person or affiliate on the convicted vendor list
for a period of 36 months from the date that person or affiliate was placed on the convicted
vendor list unless that person or affiliate has been removed from the list pursuant to Section
287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into a contract (formal contract
or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to
THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer
or Purchasing Director, as applicable. The attached statement or affidavit will be the form to
be utilized and must be properly signed in the presence of a notary public or other officer
authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with the �3Ns edea v. �,eg ra— 6a i
Project Name
Bid/Contract for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by C4Pn CkuJom V -4i ., whose
business address is /0 m) 4zi V*, Wz and (if applicable) its Federal
Employer Identification (FEIN) is _ .
3. My name is A C4W (please print
name of individual signing) and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with respect
to and directly related to the transaction of business with any public entity or with an
agency or political subdivision of any other state or with the United States, including,
but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States
and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph
287.133(1)(b), Florida Statutes, means a fording of guilt or a conviction of a public
entity crime, with or without an adjudication of guilt, in any federal or state trial court
of record relating to charges brought by indictment or information after July 1, 1989,
as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a),
Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The
term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months
shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state orof
the United States with the legal power to enter into a binding contract and which bids
or applies to bid on contracts for the provision of goods or services let by a public
entity, or which otherwise transacts or applies to transact business with a public entity.
The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an
entity.
8. Based on information and belief, the statement which I have marked below is
true in relation to the entity submitting this sworn statement. (Please indicate which
statement applies.)
/Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final
order entered by the hearing officer did not place the person or affiliate on the
convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined
that it was in the public interest to remove the person or affiliate from the convicted
vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
STATE OF FLORIDA
COUNTY O;�
The fore;
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(title) on behalf
me nr has prods
oath.
(Signature)
Date: /0-.20-0(1
was acknowledged before me
(Notary Si
My Commission Eapi.
Commission Number:
day of
did ( ) 4id not () take an
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