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HomeMy WebLinkAbout2001 Asplundh Construction Corp-Range Netting AGREEMENT FOR ?ROXrISION OF GOLF COURSE RANGE NETTING TI-IlS AGILE~IViENT made tins /'~day of~lf2001, by and between the CITY SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and 3~qplunct~ CcastructScm crn--p.. ("Contractor."), set forththat WI-IEREAS, the City desires to engage a Contractor who has special and un/que competence and experience in installing golf course range netting; 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. Tiffs Agreement shall commence on the day it is executed by both parties and the term o£the Agreement shall extend until the Project is complete. 2. AGREElVlENT DOCUMENwfS. The Agreement Documents (also called CONTRACT DocLrM~NTS) consist of this Agreement, Supplemental Agreement(s), Scope of Work and Technical Specifications, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, mad written modifications issued after execution of this Agreement, ff any. The Scope of Work and Technical Specifications attached hereto as Exhibit "A" shall govern if in conflict with the general provisions of this Agreement. (a) Intent. The Scope of Work and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Scope of Work and Technical Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of orrdssion of specific reference to any minor component part and to include ail items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable fi.om them as being necessary to produce the intended results. (b) Entire and Sole Am'cement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede ali other agreements, representations, warranties, statements, promises, and understandings not specifically 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, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify th/s 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 wh/ch enforcement of the change, waiver, discharge or termination is sought. (d) Construing Terms. This Agreement shall not be construed against the party who dratSed the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in installing golf course range netting in accordance with the Scope of Work and Technical Specifications described in Exhibit "A" attached, which is incorporated herein by this reference. 4. SPEC~ICATIONS AND RELATED DATA. The intent of the Scope of Work and Technical Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision' and ~ransportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Scope of Work and Technical Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Scope of Work and Technical Specifications and site conditions, or any errors or omissions in the Scope of Work and Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in Scope of Work and Technical 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 correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Scope of Work and Technical Specifications, whether intentionally or otherwise, when the same usually and customar'tly required to complete fully such work as is speiified herein, will not entitle the Contractor to consideration in the matter of any clairn for extra compensation, but the said work must be installed or done the same as if called for by the Scope of Work and Technical 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 the Scope of Work and Technical Specifications, shall be furnished and executed the same as if they were called for by the Scope of Work and Technical Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Scope of Work and Technical Specifications. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the lump sum amount of $ 78,910.42 for performance of the Work hereunder. 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 3 Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not ~ven 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 obhgated 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. 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 vahdity 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, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is hsted in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant, a Clmmant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. 7. PROJECT SCHEDULES No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may 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), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. No "rain day" extensions shall be granted. 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 which may be cause for suspension of the Work, the Project Manager shall mediately advise the City of such condkion. 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 five (5) days written notice of such termination shall be ~ven to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 9. CITY'S PROJECT MANAGER. City has designated its Head Golf Professional as 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 Scope of Work and Technical 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 or detail of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Scope of Work and Technical 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. 5 10. C0]x~RACTOR'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 instractions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, consttuction 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 ha the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all. sales, use and other innilar 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. PERS01NrNEL. The Contractor represents that it will secure at its own expense all personnel and sub-Contractors required for services which are necessary as described under Exhibit "A" of tiffs Agreement. All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub-Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Departmem 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 off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSII3ILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other 7 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 sc as to facihtate prompt inspection. 14~ CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or ks 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. Final payment will be withheld until such clean up and repairs are completed 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. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. 1NDEMNIIelCATION. 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 m/sconduct, negligent act, or omission o£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 ks governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereo£ 18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with kis duties as the City's Contractor without the prior written consem of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 21. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 22. PUBLIC ENTITY CP,2ME 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 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gif~ or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this para~aph, the City shall have the right to terminate the Agreement without liability and, at ks discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 24. BOND. The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 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 J-0 signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State ofl~lorida 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 other~ise resolve auy dispute arising hereunder.. 28. CONSTRUING PP~OVISIONS. This A~eement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 29. INSUR.A_NCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain.said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liabiliw - 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 CiW but not yet accepted. The insurance company selected shall be Aq- 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 under this contract 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 al~ 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 tins Contract~ or the City, from ail claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an addkional insured party, prior to the start of construction as provided in the Contract. 30. GUARANTEE. The Contractor shall warrant ali 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 review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Scope of Work and Technical Specifications may be condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within five (5) 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 five (5) days after written notice to do so, the City may remove them and may store the materials and equipment. The malting of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and worka~anship and the Contractor shall promptly replace any such defects discovered witlfin one (1) year from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (~SEAL): Sally A. ~t~io~42MC City Clerk CITY OF SEBASTIAN Terrgnce R.'/vl(~fCity ll~'anager -- Approved as to form and legality for ~he Ci~_~bastian only: Rich Stringer, City Attomey,.3 Signed, sealed and delivered in the presence Name: CONTRACTOR: DRUG-FREE WORKPLACE FORM The undersigned Contractor, ia accordance with Florida Statute 287,087 hereby certifies that Asplundh Const. Corp. 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 ltEalngt employees for violations of such prohibition. Inform employees about the dangers of drag abuse ia the workplace, the business' policy of maintaln~g a drug-flee workplace, any available drug counseling, rehabilitation, employee assistance prdgrams and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities 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 after such conviction. 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 My employee who is so convicted. Make a good faith effort to continue to maintain a drug-flee 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: May 30, 2001 General Manager 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 wil/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 a/Ser the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found ~mfilty 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 Uaited States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October I, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to Tlq~. 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. Tlq~, INCLUSION OF ~ SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUiVIENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. :1.5 WORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TEEIS FOPM tVIqJST BE SIGN-El) IN ~ PRESENCE OF A NOT~RY PI/BLIC OR OTlq~R OFFICER AU~ORIV, ED TO A.DIM[INISTER 1. This sworn statement is submitted with the Agreement for Provision'of Golf Course Kange Netting for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Asplundh Const. Co.r, liNhose business address is 1685 N. FL Mango Rd. WPB and (if applicable) its Federal Employer Identification CFEIN) is 3. My nameis Harry Burchell of individual signing) and my rel~ionship m the entity named ~ove is General Manager of Asplundh Construction Corp. (please prim name 4. I und_erstand 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 Un/ted 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, fi'aud, theft, bribery, collusion, racketeering, conspizacy, 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 ora public entity crime, with or without an adjudication of ~mailt, in any federal or state trial court of record ~:elating to charges brought by indictment or information after July 1, 1989, as a result ora ju~ verdict, nonjury trial, or entry ora 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 contro erson 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. Tl~e 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 knowin~y enters into a joint venture with a person who has been convicted of a pubhc 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. I33(1)(e), Flor/da Statute% 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 wkich 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. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting tlfis 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 ~ffiliate of the entity have been charged with and convicted of a public entity cr/me 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 ora pubhc entity crime subsequent to July I, 1989, AND (Please indicate which additional statement applies.) __ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been plied on the convicted vendor list. (Please t~-~ ~~- ~ Har~"v Bu: cheil / (Signature) arty ur Date: Iqa/7 30, 2001 3.7 STATE OF FLOK1DA COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 30 dayof May 200I by Harry Burchell , General Manager (lJIJe) on behalf of Asplundh Construction Corp. , He/she is personally kno~vn to me or has produced None as identification and did [X) did not ( ) take an oath. OF~CL~L NOTARY S~AL REGINA L HAZELTON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC728324 MY COMMI~.ION EXP. ~ 23,2001 Name: Reqina L. Hazelton My Comm/ssion Expires: 6/23/0'1 Commission Number: cc728324 18 SCOPE OF WORK AND TECHNICAl, SPECIFICATIONS SCOPE OF WORK SEBASTIAN GOLF COURSE RANGE NETTING PROJECT - JULY 2001 Construction Starting Time Construction is to begin on July 1st, 2001. Completion to be 30 calendar days thereafter. Equipment All equipment necessary for performance shall be on the project site and approved by the Head Golf Professional before work will be permitted to begin. Responsibility of the Contractor The Contractor will be responsible for delivering all necessary quantifies of construction materials, equipment, and personnel necessary- for compliance with the scope of work. Clean-Up / Site Restoration At the completion of all work shown on the scope of work, the Contractor shali remove all tools, equipment, debris, etc. from the work site. The Contractor shall repair areas that have been disturbed by his operations, and leave the areas of site in equal to or better than pre-construction condition. The Head Golf Professional shall approve site restoration. Technical Specifications Quantity 7 18 20 40 52 20 5800 feet 2000 feet 2000 feet 55 26 40 20 50 60 65 5400 2 4 2 16 Description 35 foot class "3" wood poles 60 foot class "2" wood poles Triple Helix Anchors ~A inch Williams Fittings 5/8 inch Flat Guy Hooks Guy Guards 3/8 inch Galvarfized guy steel 7/16 inch Galvan/zed guy steel 5/16 inch Galw~i~ed guy steel 5/8 inch Hubbards ½ inch 3 - bolt suspension clamps 5/8 inch 3 - bolt suspension clamps Unthreacled eyes 7/16 inch Preforms 3/8 inch Preforms 5/16 inch Preforms Galvanized Snaps Panels 25 feet h/gh x 74 feet long (west and east side) Panels 25 feet high x 64 feet long (north side) Panels - angle 25 feet high x 50 feet high x 74 feet long Panels 50 feet high x 74 feet long (west and east side) Netting Installation Total square footage of netting: 76,000 square feet. Netting will consist of ninety five (95) pound polyester, 3/8 inch rope barrier, ultra-violet treated, 18 gauge, 400 pounds per square inch, 3000 pound rope border tested, 8% wind resistance, with five (5) year warranty. *Poles - direct bury in ground 9 feet *Poles - hydraulically tampered and back-filled *Storm Guys placed 25 feet back from all poles, three (3) guys placed on west side, three (3) guys placed on east side, and two (2) guys placed on north side *Ail materials, anchors, bolts, hooks, guy guards, clamps, preforms, snaps, hubbards, galvanized guy steel, and unthreaded eyes must be powerline- approved. *Ail installers must be certified Powerline-man approved. *west and east side - ten (10) - seventy four (74) feet sections. First two (2) sections will be twenty feet (20) in height, and remaining eight sections will be forty (40) feet in height. *north side - four (4) sixty four (64) feet sections at a height of twenty (20) feet. *See diagram on following page 25'I 25' I 64' I 64' 74 100 ~height 64' of back(north) net -25' west side of netting 64' east side , 74' t 25' 25' t range tee 225'