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HomeMy WebLinkAbout1994 - Accurate Tennis Courts AgreementJC �LWIV�C:�I AGREEMENT THIS AGREEMENT, made this Jl/l day of May , 1.994 , by and between the City of Sebastian, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter called the "City"), and, 1"NigtP TPnnIC Mnrts� , or its successors, executors, administrators, and assigns (hereinafter called "Contractor"): W I T N E S 8 E T H• The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: 1. Scope of Work. Contractor agrees to furnish all materials, labor, supervision, and services necessary to complete the Work as described in the contract documents (the "Contract Documents") and agrees to complete the Work in a workmanlike manner in accordance with all, applicable codes and in full compliance with the Contract Documents. 2. Contract Documents. (a) The Contract Documents consist of this Agreement, Notice of Invitation to Bid, Instructions for Bidders, Special Terms and Conditions, Bid Form, all drawings, specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and modifications issued after execution of this Agreement. The Addenda, if any, are as follows: The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by Contractor. The Contract Documents are complimentary, and what is required by one shall be binding as if required by all; performance by 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) The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the City and a Subcontractor or a Sub -subcontractor, or, (2) between any persons or entities other than the City and Contractor. (c) The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations hereunder. The Work may constitute the whole or a part of the project. 3. Contract Sum and Payment to Contractor. (a) Contract Sum. The City shall pay to Contractor for Contractor's performance hereunder, the amount(s) specified in the Contract Documents (the "Contract Sum"). (b) Progress Payments. The City shall make progress payments on account of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. (i) Each Application for Payment by Contractor shall be submitted to the City by the twenty-fifth (25th) day of each month. (ii) Provided an Application for Payment is received by the City not later than the twenty-fifth (25th) day of a month, the City shall make payment to Contractor not later than the tenth (10th) day of the following month. If an Application for Payment is received by the City after the application date fixed above, payment shall be made by the City not later than ten (10) days after the City receives the Application for Payment. (iii) Final payment to Contractor is contingent upon acceptance of the Work by the City. (c) Reimbursable Expenses. The provisions of Florida law shall govern the reimbursement of per diem and travel expenses to Contractor. Contractor shall not be reimbursed in excess of the rates prescribed by law. Any request for reimbursement by Contractor shall be accompanied by documentation which is, in the reasonable opinion of the City, sufficient to establish the expenditure on the part of Contractor. 4. Contractor's Obligations. (a) 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 means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. E (b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, 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. (c) Unless otherwise provided in the Contract Documents, 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 the Work. (d) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) 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 the Work required under the Contract Documents. (f) 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 portions of the Work under a contract with Contractor. 5. Warranty. Contractor warrants to the City that all materials and labor furnished under this Agreement shall be free from any and all defects for a period of one (1) year from the date of completion of the Work, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 6. correction of Work. (a) Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph 6 apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. 3 (b) Nothing contained in this Paragraph 6 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 6(a) above relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 7. Subcontracts. (a) A Subcontractor is a person or entity who has a direct contract with Contractor to perform a portion of the Work. (b) A Supplier is a person or entity who has a direct contract with Contractor to provide materials and/or supplies required to perform a portion of the Work. (c) Unless otherwise stated in the Contract Documents or the bidding requirements, Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the City the names of the Subcontractors and Suppliers for each of the principal portions of the Work. Contractor shall not contract with any Subcontractor or Supplier to whom the City has made reasonable and timely objection. Contracts between Contractor and its Subcontractors and Suppliers shall require each Subcontractor and Supplier, to the extent of the Work to be performed by the Subcontractor and the material and/or supplies to be provided by the Supplier, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward the City. 8. Term. The term of this Agreement shall be one (1) year from the date of the Agreement unless otherwise specified in the Contract Documents. The parties reserve the right to extend the term of this Agreement for an additional term of one (1) year on the same terms and conditions upon mutual written agreement. 9. Termination. (a) For Cause. If Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or 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 unilaterally terminate this Agreement. 4 (b) Without Cause. The City retains the right to cancel this'Agreement at any time, with or without good cause, upon written notice to Contractor when such termination is deemed by the City Council, or their designee, to be in the public interest. (c) Payment Upon Termination. In the event of termination as provided herein, Contractor shall be paid for services performed through the date of termination, less damages incurred by the City as a result of Contractor's failure to carry out the Work in accordance with the Contract Documents and Contractor's failure to perform any provision of this Agreement. 10. Indemnity. 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 Work, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees. 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. 11. 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 the 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 from and maintain in any 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, and from claims for damages, other than to the Work itself, to property 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 them. This insurance shall be written for not less than the limits of liability required by law, and shall include contractual liability insurance applicable to Contractor's obligations under Paragraph 10. 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 $1,000,000.00 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. (c) Commercial Auto Liability. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial Auto Liability insurance on an occurrence basis for a minimum $100,000.00 per occurrence for claims of bodily injury including death, and $300,000.00 for property damage. 12. Performance Bond. Contractor shall purchase and maintain throughout the duration of this Agreement a Performance Bond in an amount equal to 110% of the face amount of the Contract Sum, unless such requirement is specifically waived or modified in writing by the City. Said bond shall be with a surety insurer authorized to do business in the State of Florida. In lieu of said bond, Contractor may obtain and deliver to the City an irrevocable letter of credit from a qualified lending institution in an amount equal to the Performance Bond required. Contractor shall submit to the City proof of said surety bond or letter of credit upon execution of this Agreement. 13. Assignment. Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. 14. 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: 15. Time. Time limits are of the essence of this Agreement, Contractor confirms reasonable period for performing City of Sebastian Attn: Joel Koford, City Manager 1225 Main Street Sebastian, Florida 32958 Charles Ian Nash, Esquire City Attorney c/o Frese, Nash & Torpy, P.A. 930 S. Harbor City Boulevard Suite 505 Melbourne, Florida 32901 Guy Cusimano, Owner Accurate Tennis Courts P.O.Box 811144 Boca Raton, F1 33481 stated in the Contract Documents Agreement. By executing this that the contract time is a� the Work. 11 16. Conflict of interest. (a) 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 services required hereunder, as provided by law. Contractor further represents that no person having any such interest shall be employed in performance of the Work. (b) Contractor shall promptly notify the City in writing by certified mail of all potential conflicts of interest prohibited by existing state law involving any prospective business association, interest or other circumstance which may influence or appear to influence Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that Contractor may undertake and request the opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by Contractor. The City agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by Contractor. if, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Contractor, the City shall so state in the notification and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services provided to the City by Contractor under the terms of this Agreement. 17. Compliance With All Applicable Federal Laws. Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC @7506(c)), The Endangered Species Act (16 USC @1531, It sea.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC @276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 7 18. Liquidated Damages. In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive as liquidated damages the amount(s) specified in the Contract Documents. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 19. Bid and Payment Bonds. Contractor shall purchase and maintain such bid and payment bonds as are required by the City and specified in the Contract Documents. 20. Drug -Free Workplace. Contractor, in accordance with Florida Statute 287.087, hereby certifies that Contractor does: (a) 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. (b) Inform employees about the dangers of drug abuse in the workplace, the business's 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. (c) Give each employee engaged in providing the commodities or contractual services that are required hereunder a copy of the statement specified in Subparagraph (a). (d) In the statement specified in Subparagraph (a), notify the employees that, as a condition of working on the commodities or contractual services that are required hereunder, 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. (e) 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. (f) Make a good faith effort to continue to maintain a drug-free workplace through implementation of Subparagraphs (a) thru (e). W 21. Public Entity crimes. (a) Contractor hereby acknowledges, represents and warrants: (i) 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 of 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. (ii) That "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding 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. (iii) 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. (iv) 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 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. (b) Based on information and belief, the statement which Contractor has marked below is true in relation to Contractor submitting this sworn statement. [indicate which statement applies.] xx Neither Contractor, nor any of its officers, Til—rectors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, d ri ectors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, d ri ectors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing officer determined that it was not in the public interest to place Contractor on the convicted vendor list. [attach a copy of the final order]. (C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT THE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR YEAR IN WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE CITY A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS PARAGRAPH 21. 10 22. Entire and Sole Agreement. Except as specifically stated herein, the Contract Documents constitute the entire agreement between the parties and supersede all 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. 23. Successors and Assigns. Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 24. Attorney's Fees. In the event any action, proceeding, suit or claim is filed, initiated or maintained to enforce any of the provisions of the Contract Documents, the prevailing party shall, in addition to relief to which it is otherwise entitled, be entitled to recover such further amounts, to the extent lawful, as shall be sufficient to pay the cost and expenses of enforcement, including reasonable attorney's fees, both at trial and all appellate levels. 25. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 26. Governing Law. The Contract Documents shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Contract Documents shall be in Indian River County, Florida. 27. Amendments. 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. 28. waiver. The failure of any of the parties at any time to require performance of any provision of the Contract Documents 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 Contract Documents. IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed his, its, or their names, or name. 11 ATTEST: Kathr n M. O'Halloran CMC -/AAE, City Clerk (Corporate seal) Approvedas o Form and Legal Sufficien ^/ G) p� Signed, sealed and delivered in the presence of: Name: Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY: s#0s7X0W=jF0 we��V�Jio M Name: Arthur L. Firtion Title: Mayor CONTRACTOR: Accurate Ten s Coutts By: �v Name: Guy Cusimano Title: Owner The koregoing instrument was acknoww ed ed b ore me this,- day of MOA4 , 199 `/ , by l (''I't) �ii�cnti the of the CIT OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He he is personally known to me, or produced /y%6 as identification. SALLY A. MAID Mato public -Stan of Florida W COmmiswi EIWit•s OCT 05.1994 COMM • cc 045906 12 Notary/Public State of Florida� Printed Name Commission Number STATE OF FLORIDA - COUNTY OFr�./c•, Jou c The foregoing instrument wap day of L✓ 19 , on behalE of" ONTRACTOR. He she produced identification. LINDA L ICNCNEN Notary Pudb-file of Fkride Ay canm%slon Evka OCT 8DJ995 COMM Y CC149Dy1 ------------ acknowledged before me this by Gu V C'a c i✓t� is pe sonally known ,to me or as 13 Notary Public r State of Florida / i ,✓ b /4 ,/, , Z / /i/c i✓ - Printed Name Commission Number' 5 SRN' STATE.NIENT UNDER SECTION _3,.133(3)iai, ORIDn STk7L'Tfc, ON PUBLIC ENM* CRIMES THIS FORST MLST 13E. SIG:SEU IN THE PRESENCE OF A NOTARY PUBLIC Ott OTaEP. OFFICER ALTHORIZZD TO ADtfLN•1STER OATHS I. This swom statement is submitted with aid proposal or Contras Yo. for This swam statement is submitted by e-, 4. T, - [name of entity submltdog sworn statement] whose business address s /2 C%. n ,, (If the eatiry Sas no ; F.,IlY, include the Social Securiry Number of the individual sL gniag this swtrta =cement: 1147 n .•. . • .j� =City limedabove r. • r. , 101 a .1 vicLariclt Of any Stat or rr.. STAM Of _ Statc� •• ••.. •r •' ubilc rs or o •Y.« Y. • atber f clLe United r Mmhmg • . • • .s r. .: • • . -••r �r •R 1 • ... .n • . 1 ... Y. 33 ri1. e 1 . •a 2Md'ng of •.. Y • nvictor or , • 4e • r. utU. 'ailt Of' Y .•1. • • • .. • .. .. .. « .. . of • . • 1 r •1iCaLarges . •1./br • N.. r or • •o coacendem ••v.I= Of Mlhy *amue as d&Fh7ed \. •IR . • a_ i!'t••ly • of ..1. =w=e n r•.Y Y r..of :hc ....1 . .. • . r ..1. • •'� latCrMt ?C=a. or a. ?Ocdmg of of 4taroi cons;timang'I ==ailing \.. I.T lm=.21aarecediag . • . =nwAcred 7. I mderssetnd herr a ?csoa' as de3ae3 :M "1=9 tail =71 1=(I)(e), 1 orfda Stnwz-% m-- nay latural pamoa or cutin orpni=d /oder the AV's of my state or of :he United States -A.= the legal power :o cater info a 'binding =11=G and whist bids or applies to bid as coeanc:s ;ar the amvisaa Of ;Cods or services 1= by a pttodc entity. or •which otheratse ataasac= or aaalies ,n =„ate bosiaess with a punks aaty The :cm 'pcaea' :=udes those otdc=M lirocio=. xs e5 -. . shareholdcs cmoioye= memacs and agena wtlo arc zl ve :a =nagcnent of 3. 3ased on ^*^rmaeoa and ;aeric :�le statement vt= ; have -„r,, n betow s :-ao :a :..:aeon :a :.c unary wmitaag ms nvort itaLemCSL (P!esse indiC re'VMCL sMtenl. ano(IM; Neither entity submitting this swora statement, any officers, dkccocs, =ecttives, partners, shareL—aers, employees, members, or agents who acc active is management of the enary, nor any irflHace of the entity have been charged with and convicted of a pubLic eacity crime subsequent to luty 1, 1989. The eaaty submitting this sworn statement: or one or mare of the Olfcw;s, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the enary has been charged with and coaviacd of a public enary crime subsequent to July 1, 1989, .•iZ [Please issdlcate VWch additional statement appLles.] There has berg a proceeding con=aing the convictiea before a hearing odYcr of the Sure of Forida, Divisiom of Adnjjr,; live ,=Frogs The final order entered by the hearing officer did not place the Gerson or Jfmiato oa the convicted vendor list_ [Please attach a `mp7 at rhe anal os•der.] .. . .a .. ... _. .. ... ....as ...W.. _. ,. _The xao¢ or afaIiare has not Sera ?Laced oa the mnvieed ver<doc !isx. [PSeasa desa7be ani •alp¢ taJQa bT or ?ending with the Deparm>teat o[ General Ser ocm] S==aF COUNTY OF Com/( 111n ✓ w( isII cher sa= Providedr above oa this 7 CSg. F,'Hotm PUn4 Stnto of Florida 61y Commission Expires lune 19, 1994 eond.d Thry Tror Fain -Insurance lnq - Form ?UA = (Rev_ ilin) EXCEPTIONS AND CLARIFICATIONS: PLEASE NOTE ANY EXCEPTIONS, CLARIFICATIONS, AND/OR PROPOSED ALTERNATES ON SEPARATE SHEET (S) OF YOUR LETTERHEAD AND ATTACH TO THIS FORM. SUBMITTED BY: COMPANY / d f -c. UR 04 71--44i3 coy( +S INDIVIDUAL/TITLE ADDRESS TELEPHONE ATTACHMENT (S): YES NO DATE + See �7-og /ier�eie�ces �h 6gr-lc o -E' 44 ATc ACCURATE TENNIS COURTS Design Construction Resurfacing 800 Bailey Street (305) 570-9151 Boca Raton, Florida 33487 ACCURATE TENNIS COURTS' REFERENCES FOR APPRAISAL OF WORKMANSHIP AND RELIABILITY PALM BEACH COUNTY QUAIL RIDGE COUNTRY CLUB LENNAR HOMES (2) Tennis Courts (1) Tennis Court 4175 Golf Road 1903 S. Congress Ave.,Suite 400 Boynton Beach, Florida Boynton Beach, Florida KLEINMANN RESIDENCE Woodfield Hunt Club 3709 Kings Way Boca Raton, Florida TANGLEWOOD PARK (10) Tennis Courts 10500 N. Military Trail Palm Beach Gardens, Florida NORTH PALM BEACH COUNTRY CLUB (6) Tennis Courts 951 U.S. Highway 1 North Palm Beach, Florida CAMELLIA PARK (4) Tennis Courts Royal Palm Beach Boulevard Royal Palm Beach, Florida TIMBERLINE TOWNHOMES (2) Tennis Courts Davis Road & Collin Drive West Palm Beach, Florida LAS VERDES CONDOMINIUMS (1) Tennis Court 5121 Las Verdes Circle Delray Beach, Florida SUNSET RIDGE PARK (2) Tennis Courts D Street & 15 Avenue Lake Worth, Florida PARK POINTE TOWNHOMES (3) Tennis Courts 3200 Lucerne Park Drive Greenacres City, Florida BOYNTON LAKES TOWNHOMES (2) Tennis Courts Congress Ave. & Boynton Lakes Blvd. Boynton Beach, Florida SPENCER RUN APARTMENTS (2) Tennis Courts 4200 Community Drive West Palm Beach, Florida SARA SIMS PARK (2) Basketball Courts 201 N.W. 9 Court Boynton Beach, Florida WATERFORD VILLAGE APARTMENTS (2) Tennis Courts 995 Crystal Way Delray Beach, Florida LAKE SHORE PARK (2) Tennis Courts 1224 S.W. Avenue E Belle Glade, Florida RAMADA INN (2) Tennis Courts 1935 S. Federal Highway Boynton Beach, Florida CARLTON PLACE CONDOMINIUMS (1) Tennis Court 3140 S. Ocean Boulevard Palm Beach, Florida CANAL POINT PARK (2) Tennis Courts 525 U.S. Highway 441 Canal Point, Florida ,t► ., ATc ACCURATE TENNIS COURTS Design Construction Resurfacing 800 Bailey Street (305) 570-9151 Boca Raton, Florida 33487 ACCURATE TENNIS COURTS' REFERENCES FOR APPRAISAL OF WORKMANSHIP AND RELIABILITY BROWARD COUNTY GOLDEN ISLES TENNIS CENTER THE CORAL CLUB APARTMENTS (10) Tennis Courts (1) Tennis Court 100 Egret Drive 1001 Coral Springs Drive Hallandale, Florida Coral Springs, Florida THE LAKES AT WELLEBY (2) Tennis Courts 9979 Knob Hill Place Sunrise, Florida ARVIDA CORPORATION (15) Tennis Courts (12) Racquetball Courts Weston, Florida BROWARD COMMUNITY COLLEGE (6) Tennis Cts (Central Campus) 3501 S.W. Davie Road Davie, Florida LAKES OF MARGATE APARTMENTS (1) Tennis Court 5750 Lakeside Drive Margate, Florida PIONEER PARK (8) Tennis Courts 425 N.E. 3 Street Deerfield Beach, CITY OF FORT LAUDERDALE (6) Tennis Cts/(1) Basketball Ct Bayview Park Sunrise Park/School THE HAMLET RESIDENCES (1) Tennis Ct/(1) Basketball Ct 12000 S.W. 26 Street Davie, Florida MULLINS PARK/LIONS PARK (4) Tennis Courts (4) Basketball Courts Coral Springs, Florida THE VILLAGES OF HILLSBORO PARK Repair (2) Tennis Courts 4111 N.W. 6 Street Deerfield Beach, Florida ECIDAR PARK (2) Tennis Courts S.W. 15 St, east Florida Deerfield Beach, CALHOUN PARK (4) Tennis Courts 6700 Miramar Parkway Miramar. Florida POND APPLE CREEK APARTMENTS (2) Tennis Courts 2445 S.W. 18 Terrace Fort Lauderdale, Florida JEFFERSON PARK (2) Tennis Courts 15th Avenue & Jefferson Street Hollywood, Florida of Military Trail Florida CONQUISTADOR APARTMENTS (4) Tennis Courts 7400 Stirling Road Hollywood, Florida WESTSIDE PARK (4) Basketball Courts 901 N.W. 10 Street Pompano Beach, Florida CITY OF MARGATE (6) Tennis Courts Royal Palm Park Coral Gate Park r0 ATc ACCURATE TENNIS COURTS Design Construction Resurfacing 800 Bailey Street Boca Raton, Florida 33487 rGi )305) 570-9151 ACCURATE TENNIS COURTS' REFERENCES FOR APPRAISAL OF WORKMANSHIP AND RELIABILITY DADE COUNTY MIAMI DADE COMMUNITY COLLEGE KIES RESIDENCE (12) Tennis Courts (South Campus) (1) Tennis Court 11011 S.W. 104 Street 15205 S.W. 73 Court Miami, Florida Miami, Florida SAMOLES RESIDENCE (1) Basketball Court 11270 S.W. 59 Avenue Miami, Florida LAKES OF THE MEADOW (8) Tennis Cts/(8) Racquetball Cts 4450 S.W. 152 Avenue Miami, Florida HIDDEN OAKS TOWNHOMES (2) Tennis Courts S.W. 119 Ct & S.W. 77 Terr Miami, Florida RICHARDS RESIDENCE Snapper Creek Lakes 10101 S.W. 53 Avenue Miami. Florida COUNTRY WALK (RESIDENCES) (2) Tennis Courts 14830 S.W. 139 Avenue Miami, Florida TERRANOVA CONDOMINIUMS (2) Tennis Courts N.W. 109 Ave & N.W. 7 St Miami. Florida KENDALL WALK TOWNHOMES (3) Tennis Courts S.W. 149 Ave & S.W. 90 St Miami, Florida FRANK RESIDENCE (1) Tennis Court 6225 S.W. 126 Street Miami, Florida ROGERS RESIDENCE (1) Tennis Court 150 Arvida Parkway Coral Gables, Florida CLAUDE PEPPER PARK RAY CAGNI PARK (18) Tennis Cts/(2) Basketball Cts City of North Miami, Florida THE MOORS (5) Tennis Cts/(4) Racquetball Cts 17320 N.W. 65 Avenue Miami, Florida THE HERITAGE SCHOOL OF KENDALL (2) Tennis Cts/(1) Basketball Ct 13300 S.W. 120 Street Miami, Florida SYNODINOS RESIDENCE (1) Tennis Court 6650 Allison Road Miami Beach, Florida BURGIN RESIDENCE (1) Tennis Court 6445 S.W. 94 Street Miami, Florida TEICHNER RESIDENCE (1) Tennis Court 8821 S.W. 102 Street Miami, Florida CORAL GABLES YOUTH CENTER (1) Basketball Ct/(1) All Purpose Ct 400 Anastasia Avenue Coral Gables, Florida AI, n ATc ACCURATE TENNIS COURTS Design Construction Resurfacing 800 Bailey Street (305) 570-9151 Boca Raton, Florida 33487 ACCURATE TENNIS COURTS' REFERENCES FOR APPRAISAL OF WORKMANSHIP AND RELIABILITY CONTRACTORS ARVIDA CORPORATION LENNAR HOMES 1200 Weston Road 1903 S. Congress Ave., Suite 400 Fort Lauderdale, Florida Boynton Beach, Florida DANIEL W. GAREY CONSTRUCTION 1060 N.W. 144 Street Miami, Florida DINERSTEIN BUILDERS, INC. 2724 Crossview Houston, Texas McCARTHY CONSTRUCTION COMPANY 1001 Coral Springs Drive Coral Springs, Florida DAN MYERS CONSTRUCTION P.O. Box 1255 Boca Raton, Florida KENDALL CONSTRUCTION COMPANY 5414 Georgia Avenue West Palm Beach, Florida NETTO CONSTRUCTION, INC. 1814 Commerce Avenue Vero Beach, Florida SEPPALA and AHO CONSTRUCTION CO. 120 E. Boynton Beach Boulevard Boynton Beach, Florida TERRINVEST CONSTRUCTION 11030 N. Kendall Drive Miami, Florida K.L. JASON CONSTRUCTION 1511 S.W. Matheson Avenue Stuart, Florida SIGMA DEVELOPMENT, INC. 6100 Lake Forrest Dr., Suite 385 Atlanta, Georgia JOHN LUTHER CONSTRUCTION 6000 N.W. 24 Court Sunrise, Florida BEC CONSTRUCTION CORPORATION 7599 N.W. 7 Street Miami, Florida AMERICAN PROPERTIES DEVELOPMENT 2445 S.W. 18 Terrace Fort Lauderdale, Florida EDWARD ZAMBELLI: GENL. CONTRACTOR 15761 Turnberry Drive Miami Lakes, Florida WEITZER COMMUNITIES CORPORATION 8925 S.W. 148 Street Miami, Florida CONNOR GROUP OF FLORIDA, INC. 2929 E. Commercial Blvd., Suite 205 Fort Lauderdale, Florida JUSTIN BUILDING CORPORATION 3527 Griffin Road Fort Lauderdale, Florida ERSKINE CONSTRUCTION & PROPERTIES 3725 S.E. Ocean Boulevard Stuart, Florida KENNETH PARKER BUILDING CORPORATION 14873 South Dixie Highway Miami, Florida EDENS CONSTRUCTION COMPANY 745 N.W. 2 Street South Bay, Florida M ACS 25033590 STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD THE CERTIFIED GENERAL CONTRACTOR NAMED BELOW IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489 EXPIRING AUG 31 . 1994 CUSIMANO. GUY ACCURATE TENNIS COURT BOCA EXECUTIVE SUITE 2061 BOCA RATON BLVD SUITE 103 BOCA RA.TON FL 33431 LAWTON GNOR DISPLAY IN A CONSPICUOUS PLACE 09/16/93 AUDIT CONTROL NO. 250359 0 LICENSE NO. BATCH NO. AMOUNT PAID CG C012684 93006333 $0.00 CONST INDUSTRY LICENSING BOARD [P.D. BOX 2 JACKSONVILLE FL 32202 F.S., FOR THE YEAR ;- - LICENSEE SIGNATURE rWWET CMD—FOLD HEREI -,s..�.-a+a-v+��asv�a v �vavv.zsrs�an STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD CERTIFIED GENERAL CONTRACTOR CUSIMANO> GUY ACCURATE TENNIS COURT " HAS PAID THE FEE REQUIRED BY CHAPTER 489 F.S., FOR TFJ� YEAR EXPIRING AUG�„T r 1994 /�q"SU GE T. JR. I � I LA�WTON CHILES GPO GE STU T, JR. SECP.R. GOVERNOR SEC ETARY, .B.P_R. J 11