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HomeMy WebLinkAbout2003 - Contract SCHUMANN LAKE PARK PHASE H PROJECT CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this ~day of ~2003, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Summerlin Seven Seas, Inc., 200 Naco Road~ Ft. Pierce~ FL 34946 ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in constructing park improvements; 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 emend until the obligations hereunder are completed. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Specifications, Concept Plan, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued atter execution of this Agreement, if any. (a) Intent. The Concept Plan and Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Concept Plan and Specifications establish minimum standards of quality for this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement DocUments is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. Contractor shall otherwise devise the means of installing the specified improvements. It is also intended to include ail 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 Se extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. Cb) Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specificaily set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, repres*ntations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement 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) Construin~ Terms. 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. In the event of a conflict between the terms of the Agreement Documents, pr/mary effect shalI be given first to written modifications issued after execution of this Agreement, if any, then in descending order: the Concept Plan, Specifications, 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 the SCHUMANN LAKE PARK PHASE II PROJECT. 4. SCOPE OF WORK AND RELATED DATA. The intent of the Concept Plan, Specifications and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Concept Plan, Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use or operation in a manner acceptable to the City. Any discrepancies found between the Concept Plan and Specifications 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. ,~my correction of errors or omissions in the Concept Plan and Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correct/on 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 Concept Plan and Specifications, 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 Concept Plan and Specifications. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in Concept Plan and Specifications, shall be furnished and executed the same as if they were called for by the Concept Plan and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Concept Plan and Specifications. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the fixed sum mount of $ 31,000.00 for performance of the Work hereunder. Contractor shall submit monthly invoices to the Project Manager reflecting the percentage of the total project completed in said billing period and the pro-rata amount of the contract price due accordingly. Upon approval of the invoice by the Project Manager, City shall pay said invoice less ten (10%) 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 C.ontractor 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 g/ven in writing by the City. 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 fault 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 memit 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 the Concept Plan and Specifications and 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. All materials and each part of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include shop inspection, and any material furnished under the Concept Plan and Specifications is subject to such inspection. The Project Manager and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. 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 means, 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. 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 peffom~ services under this Agreement shall not be employees of the City. All workn'ten must have sufficient lmowledge, 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. !2. 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 of, 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 offthe 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, skrubs, 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, ail 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. !4. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by kis 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/ts 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 shalI 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 finns 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. )6. 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 responsibihties 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 be~n 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 regnlations relating to providing services under this Agreement. The failure of the Contractor to adhere to any lmown 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 which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (i), 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 finn, 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 pr/ce, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 24. BOND. The Contractor shall not be reqtfn:ed 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 obt£med 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 l'nnits 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 Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - 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 furnish 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 fun'fish 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 reheve 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 Concept Plan and Specifications may be condemned by the City by giving a written notice to the Contractor. Ail 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 responsibihty 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 fmal written acceptance of the Work by the City. IN VqlTNESS Wl:IEREOi*, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): T'~ff-'-enc~Ce'~oo~, City Manager ~ Approved as to form and legality for reliance by the City of Sebastian only: Rich Stri~er, City ~omey Signed, sealed and delivered CONTRACTOR: in the presence of: DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that ~oa~r~O~a~'~%~ does: 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. o Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a dmg-f~ee workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commadities or contractual services a copy of the statement specified in Paragraph 1. 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 at, er such conviction. Impose a mnetion 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. 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. 15 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 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 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 fi.om 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 arnoant provided in Section 287.017, Florida Statutes, for category two 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 i, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount for category two, 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 STATEM3ENT 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 PEDESTRIAN BRIDGE and PIER PROJECT for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by;Dtlja~ttMl~ x,hl. lJo, x~taD., whose business address is 7_lX)/qC~h.~ tOa~:/:l: ~ ~f {)lJaqX ~ and (if applicable) its Federal Employer Identification (FEIN) is ~5- C~ ~/~flv~7 . 3. My name is ~4~O/f~ltSt,~ ~1 ,~J.C r (please print nam$.qf 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 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. 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 ann'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 2 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 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. g. 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.) X~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 ora public entity crime subsequent to July 1, 1989. __ The entity submitting this swom 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 Heatings. 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 p~nding with the Department of General Services.) ~~,,~ Date: ,,_ I~ Zt2~)~ ATTACHMENT "B" SCOPE OF WORK Schumann Lake Park- Phase II This is a design and build project based on conceptual plan and specifications. It shall be the responsibility of the contractor to design and build according to conceptual drawing and specifications the following: 1) One (1) pedestrian bridge to provide access to Schumann Lake Island. Pedestrian bddge to be approximately 10' wide x 80' long with handrails, arched to a height of 8' above the water line to allow canoes and small boats to pass underneath, handle loads of up to 5 tons, and be built of pressure- treated lumber (0.40 or more durable). Bridge to be engineered with signed and sealed drawings. 2) One (1) finger pier adjacent to existing boat ramp at Schumann Lake Park in Sebastian. Finger pier to be 6' x 25' with deck 2' above water line and built of same materials as pedestrian bridge. llOll~: bt l:)e )E)Ik 0 .,,:&:kant SCHUMANN LAKE PARK CITY ~IF S~I)A'~TIAN