HomeMy WebLinkAbout2001-CAMCO Construction AwardCITY Oi
SERASTMN
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1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (561) 589-5330 • FAX (561) 589-5570
City OlSebast`ian General ServicesA&nirristm on
(A DIVISION OFTEE OFFICE OF THE =FYM"AGZX
NOTICE OF AWARD
ANNUAL CONCRETE WORK
TO: Mr. Paul Palestrini
CAMCO Construction, Inc.
5135 U.S. Highway #1
Vero Beach, FL 32967
You are hereby notified, on December 20, 2000, Sebastian City Council
awarded the Form Pour, and Finish Concrete Work to your firm, in the amount of
$2.00 per sg ft.,as stipulated in the Bid Proposal Price Form dated November 07.
2000 which you submitted.
You are required by the bidding documents to execute the Agreement
Document (enclosed) within ten (10) days from the date of this notice to you.
If you fail to furnish the executed Agreement within ten (10) days from the
date of this notice, the City shall be entitled to consider all your rights arising out of
the City's acceptance of your Bid as abandoned.
Do not start work until a written Notice to Proceed is issued from the City.
Dated this 2 I day of January. 2001.
Services Administrator/Assistant to City Manager
An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
AGREEMENT
THIS AGREEMENT, made this L/Ij day, January, 2001 by and between the
City of Sebastian, a political subdivision of the State of Florida (hereinafter called the
"City"), and CAMCO CONSTRUCTION, INC., or its successors, executors,
administrators, and assigns (hereinafter called "Contractor").
WITNESSETH:
The City and Contractor for good and valuable consideration as hereinafter set forth, do
mutually agree as follows:
Scope of Services:
Contractor agrees to furnish concrete work meeting the requirements described in the
TECHNICAL SPECIFICATIONS attached hereto as Exhibit "A", on an "as -needed"
basis in accordance with all applicable codes pursuant to Work Orders issued by City.
2. Contract Sum and Payment to Contractor:
(a) Contract Sum: During the term of this Agreement, the City shall pay
Contractor the following unit prices for the work:
Farm and Pour only $2.00 per square foot
Said price is a firm charge, inclusive of all other charges. On the first and second
anniversary dates of this Agreement, Contractor shall provide documentation from its
designated concrete supplier as to any percentage increase or decrease in price since the
effective date of the contract, and a proportional price adjustment shall be made to the
amount listed above.
(b) The City shall make payment within 30 days of proper invoicing.
3. Contractor's Obligations:
(a) Contractor shall supervise and have control over means, methods,
techniques, sequences and procedures for performing the Work Orders, unless the terms
of this Agreement give other specific instructions concerning these matters.
(b) Unless otherwise provided in the Agreement, Contractor shall pay all sales,
use and other similar taxes and shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and completion of its obligations
hereunder.
(c) Contractor shall enforce strict discipline and good order among
Contractor's employees and other persons carrying out its obligations hereunder.
(d) Contractor currently holds and shall maintain at all times during the term of
this Agreement all required federal, state and local licenses necessary to perform its
obligations hereunder.
(e) Contractor shall be responsible to the City for the acts and omissions of
Contractor's employees, SubContractors and their agents and employees, and other
persons performing its obligations hereunder under a contract with Contractor.
4. City's Obligation:
The City shall, during the term of this Agreement, utilize Contractor as its first
source for the Work. However, should the City, in its sole judgment, determine that
Contractor is unable to perform the Work in a reasonable time, the City may then contract
with another party to allow completion of the project at hand in a timely manner.
5. Warranty:
Contractor warrants to the City that all materials and workmanship furnished under this
Agreement shall be free from any and all defects and will conform with the requirements
of the Agreement. Materials and workmanship not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. Acceptance and utilization of the Work at the site shall not absolve Contractor
of this Warranty.
6. Term:
The term of this Agreement shall be for three (3) years from the date hereof.
Termination:
(a) For Cause: If Contractor fails to perform a provision of this Agreement,
the City, after ten (10) days written notice to Contractor and without prejudice to any
other remedy the City may have, may terminate this Agreement.
(b) Without Cause: The City retains the right to cancel this Agreement at any
time, with or without good cause, upon fifteen (15) days written notice to Contractor
when such termination is deemed by the City Council to be in the public interest.
(c) Payment Upon Termination: In the event of termination as provided
herein, Contractor shall be paid for Work Orders performed through the date of
termination less, if termination is for cause, damages incurred by the City as a result of
Contractor's failure to carry out its obligations under the terms of the Agreement.
a
8. Indemnio) :
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless the City and the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to attorney's fees, arising
out of or resulting from performance of the Agreement, except for injuries, damages or
claims which are the result of the sole negligence of the City, its agents, servants, or
employees, and Contractor shall at its own cost and expense defend the City against any
such claim, suit, action or proceeding which may be commenced against the City by
reason thereof. Contractor hereby acknowledges that the obligations imposed upon the
City and the terms of this Agreement are the specific consideration for the indemnification
provided herein.
9. Insurance:
Contractor shall procure and maintain during the life of this Agreement insurance of the
types, and subject to the limits, set forth below. Contractor shall also provide the City with
evidence of this insurance prior to commencement of work in the form of Certificates of
Insurance, which shall be subject to the City's approval for adequacy.
(a) Workers' Compensation: Contractor shall purchase and maintain, from a
company or companies lawfully authorized to do business in Florida, workers'
compensation insurance for protection from claims for damages because of bodily injury,
including death, which may arise out of or result from Contractor's operations under this
Agreement, whether such operations be by Contractor or by SubContractors or by anyone
directly or indirectly employed by any of the above. This insurance shall be written for not
less than the limits of liability required by law, and Coverage B, Employer's Liability, shall
be written for a minimum liability of $100,000.00 per occurrence.
(b) Commercial General Liability. Contractor shall provide and maintain during
the life of this Agreement, at Contractor's own expense, Commercial General Liability
insurance on an occurrence basis for a minimum of $200,000.00 per occurrence for claims
of bodily injury including death, and $50,000.00 for property damage.
10. Assignment:
Contractor shall not assign this Agreement to any other persons or firm without first
obtaining the City's written approval.
II. Notices:
All notices, requests, consents, and other communication required or permitted under this
Agreement shall be in writing and shall be (as elected by the person giving such. notice)
hand delivered by messenger or courier service, or mailed by registered or certified mail
(postage prepaid) return receipt requested, addressed to:
IF TO THE CITY:
WITH A COPY TO:
IF TO CONTRACTOR:
12. Time:
City of Sebastian
Attn.: City Manager
1225 Main Street
Sebastian, Florida 32958
City Attorney
Same address
Camco Construction Co.
5135 N. U.S. I
Vero Beach, FL 32967
Time is of the essence in the performance of this Agreement and timely performance is a
material term hereof.
13. Conflict of Interest.
Contractor represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of its
obligations hereunder, as provided by law, Contractor further represents that no person
having any such interest shall be employed in performance of the Agreement.
14. Compliance With All Applicable Federal Laws:
Contractor shall comply with all applicable federal laws that in any way regulate or impact
performance of its obligations hereunder.
15. Public Entity Crimes:
In accordance with Fla. Stat. 287.133(3)(a) Contractor is hereby notified that 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
21. Waiver:
The failure of any of the parties at any time to require performance of any provision of the
Agreement shall in no manner affect the right of such party at any later time to enforce or
require the same unless waived in writing. No waiver by any party of any condition or
breach shall be construed or deemed to be a waiver of any other condition or any other
breach of any term, covenant or warranty contained in the Agreement.
22. Conflict:
In the event of any conflict between the provisions of this Agreement and any attachments
hereto, the provisions of this Agreement shall prevail.
IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed
its name on the date first set forth above.
ATTEST:
,S 44�z*' --
Sally A. 'o, CMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
1 %, '�\
Rich Ktringer, City Atto P�
ey
CAMCO CONSTRUCTION, INC.,
By:
Its:
THE CITY OF SEBASTIAN
C:rlrence R. oo e, City Manager
OFFICIAL GOP.?ORATE SEAL
VICES, It -7C. CONSTRUCTION
CAM160WQIFfi€ASIgi�II
Secretaryf <,21 ti ``0tt
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CITY OF SEBASTIAN — BID
Annual Concrete Work
BID PROPOSAL PRICE
After having examined all specifications, Contract/Agreement Documents, and other
documents relative to the Invitation to Bid, I the undersigned hereby propose to perform
everything required to be performed in strict conformity with the requirements of these
documents, and to provide and furnish all the equipment, labor, and materials necessary
to provide annual concrete work meeting or exceeding the specifications as set forth
herein for the unit prices as stated below. The price quoted below includes any addenda
which may be issued.
ANNUAL CONCRETE WORK AS DESCRIBED:
a. Form and Pour Only
$ 1,6 Q SQ FT.
b.
Pour and Finish Only
$ US
SQ FT
'Pricn5
&V cory�re4e- ry)zj
'Irnrcrasp— du -e. -6
Grim:'✓
By the signature affixed below, the contractor agrees that this bid is made without any
other understanding, agreement, or connection with any person corporation, or firm
submitting a
collusion or
bid for the same purpose, and that the bid is in all respects fair and without
fraud. If awarded this bid, I agree to
within (15) consecutive calendar days notice by the
conditions of all documents stated herein, with th
sti ated price.
uthorized Signature
Finn Name & Address
a �P�cL FG 3�4G]
execute/enter into said agreement
City, and agree to all the terms and
e City of Sebastian, for the above
gr/L 0? /e ST,
Printed Name
Qjes cn.�
Title
-;7 7G,CI8cf
Phone Number
Date Signed ///7/ 690
Note: For bidders information, it is anticipated that the City will order replacement of
about 100 driveways (from the edge of street pavement to the right-of-way line)
per year.
Page 1 of 1
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accords ce.with Florida
Statute 287.087 hereby certifies that�it m ��. int f�a✓� ✓ D,,.. .
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 eaph employee engaged in providing the commodities or
contractual services that are under bid 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: >/- 9 -on r.
Signature
tAg emnt.wpd - 5nW7
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 OF laco" 4cyfA
The foregoing instrument wasacknowledged before me this
day of v✓tc —L ` , 2900 by
(title) on behalf of
(name of partnership), a partners ip. He/she is personally known
to me or has produced kc-0,rr.. as identification and
did ( ) did not ( ) tafke an oath.
Name:
My Comm
Commiss
AAg mtwpd-MM7
M.
My Comm. Expires Oct 31, 2001
No. CC688404
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response
to this invitation or Agreement, must execute the enclosed form
sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON
PUBLIC ENTITY CRIMES, including proper check(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 Agreement, 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 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 Agreement
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
Agreement 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
an Agreement (formal Agreement 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
Contract/Agreement 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.
MQJevnmtwpd -Sf107
(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 or of the United
States with the legal power to enter into a binding Agreement
and which bids or applies to bid on Agreements 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.)
, Ap -I.Ia d-5/38/91
DEPARTMENT DF';aBti�Il11�'SS LAND. `F ROF£�SIDNAL`SiE6liLJSTION �.
CONT .I�VDi9STlRY LI+CENS'YNG Bf1ARD,-
10/11/2000100009857 I CS,--CO1203,2;
The gUILDIM :CONTRACTOR
Named below ,I S , C RTIFI ED $€ �'
Under the provisions of Chapter 489 FS. �x
Expiiationdate: AUG 31-P 2002
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PROCTORS DE RRICIS d',�•Aaa�" � sy' ��
CAMCO SERVICES £NC
5135 N US 1
VERO BEACH FL 32967
JEB BUSH KIM BINKLEY—SEVER
GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY
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RIEF-ERENT C- IE S
HARRY CRIST, MANAGING AGENT
(561)473-3364
• THE FOUNTAINS CONDOMINIUM
• INDIAN TRAILS CLUB
CONCRETE WORK
DEBORAH TOMASZEWSKI, MANAGING AGENT
(561)581-0069
• VISTA DEL MAR
CONCRETE RESTORATION, SIDEWALKS
EDUARDO GANDOLFO, GENERAL CONTRACTOR
MICHELLO, INC.
1450 BRICKELL BAY DRIVE, #808
MIAMI, FLORIDA 33131
(786)374-7969
PROJECT: BLUE CYPRESS LAKE FISHING ACCESS
VERO BEACH, FLORIDA
SITE WORK, GRUBBING, LANDSCAPING, INSTALLATION OF
CONCRETE BOAT RAMP/SLABS
HUGH WILLIAMS, PROJECT MANAGER
BAREFOOT BAY RECREATIONAL DISTRICT
BAREFOOT BAY BOULEVARD
BAREFOOT BAY, FLORIDA
(561)664-3141
RECONSTRUCT PIER, NEW CONSTRUCTION OF GAZEBO
ADDITIONAL REFERENCES AVAILABLE UPON REQUEST
Office of General Services Administrator
(ADITT90N OF THE OFFICE OF= CM'H"AOER)
1225 MAIN STREET - SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 388 - 8241 FAX (561-581-0149
E-mail= pwagner@cityofsebastian.org
NOTICE TO PROCEED
1. YACHT CLUB RESTROOM
2- HARDEE PARK RESTROOM
3. BARBER STREET SPORTS
COMPLEX PLAYGROUND RESTROOM
DATE: February 14, 2001
TO: Mr. Paul Palestrini, President
CAMCO Services, Inc.. Construction
5135 U.S. #1
Vero Beach, Florida 32967
You are hereby notified to commence work (as discussed in the Pre -
Construction Meeting of February 8, 2001) in accordance with the fully executed
Agreement dated, February 13. 2001, on February 20. 2001. entitled Construction
Agreement, pertaining to construction of three (3) restrooms noted above, to be
completed as stipulated in the Bid Proposal Price Form which you submitted in the
amount of $160.605 less credits of $12.100 (best & final)=Total $148.505.
Although you are authorized to work on all three (3) restrooms simultaneously, the
order of completion priority is, Yacht Club, Hardee Park, & Barber street.
Any and all substantial communication pertaining to this project shall be
communicated with Mr. Ralph Brescia, P.E.. Project Manager.
Paul Wagner4general Services Administrator
cc: Terrence Moore, Ralph Brescia, Terry Hill, Mark Mason