REQUEST FOR QUALIFICATIONS (RFQ) (RFQ... · 1 | page jpa contract: mc -1530 . request for qualifications (rfq) professional hydrographic surveying and mapping services

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REQUEST FOR QUALIFICATIONS (RFQ)

PROFESSIONAL HYDROGRAPHIC SURVEYING AND MAPPING SERVICES

JAXPORT Contact No.: MC-1530 RFQ Due Date: August 5, 2016 at 2:00 PM (EST) Sandra Platt, Sr. Contract Specialist PROCUREMENT & CONTRACT SERVICES 2831 Talleyrand Avenue, Jacksonville, Florida 32206 [email protected]

http://www.jaxport.com/work-with-us/projects-for-bid

mailto:[email protected]



TABLE OF CONTENTS PAGE NO.

PUBLIC NOTICE 3

SECTION I - INTRODUCTION 4 A. Background 4 B. Scope of Work 4 C. Request for Qualifications 5 D. Eligible Proposers 5 E. RFQ Time Table 6 SECTION II – STATEMENT OF QUALIFICATIONS REQUIREMENTS 6 A. Submission of Statement of Qualifications 6 B. Addenda to RFQ C. Questions 7 D. Method of Acceptance 7

SECTION III – MINUMUM QUALIFICATION REQUIREMENTS 7 A. Registration with the State of Florida 7 B. Minimum of Five (5) Years Experience 7 C. Statements by Proposers 8

SECTION IV - SELECTION CRITERIA 10 A. Requirements for Proposers 10 B. Proposers Responsible for Addressing Criteria 11 C. Evaluation Criteria 11 D. Evaluation of Proposals 13 E. Evaluation Matrix 14

SECTION V – CONTRACT TERMS AND CONDITIONS 15 A. Contract Term 15 B. Compensation 15 C. Invoices 15 D. Permits and Licenses 15 E. Termination Provisions 15 F. Conformity to Applicable Laws 16 G. Audit Provisions 16 H. Protest Procedures 16 I. Insurance Requirements 18 J. Public Meeting Requirements 18 K. JSEB/MBE Participation 19 L. Truth-In-Negotiation Certificate 19 M. Assignment 19 N. Non-exclusive Agreement 19 O. Independence 19 P. Non-Discrimination 19 Q. Disputes 20 R. Force Majeure 21 S. Final Payment Release 21

ATTACHMENT SECTION Attachment “A” Acknowledgement of Addenda/Proposer Identification, Auth. Attachment “B” Conflict of Interest Statement Attachment “C” Public Entity Crime Statement


2831 Talleyrand Avenue, Jacksonville, Florida 32206 www.jaxport.com PROCUREMENT & CONTRACT SERVICES Tel: 904-357-3017 Fax: 904-357-3077

PUBLIC NOTICE

REQUEST FOR QUALIFICATIONS (RFQ) - PROFESSIONAL HYDROGRAPHIC SURVEYING SERVICES JPA CONTRACT NO.: MC-1530 JAXPORT is requesting Statements of Qualifications (SOQ’s) from professional firms interested in providing Hydrographic Surveying and Mapping services for the Jacksonville Port Authority. For the purpose of this RFQ a professional hydrographic surveyor is a firm who holds a current certificate of registration under Florida Statutes Chapter 472 as a registered Surveyor and Mapper who has documented experience in the Hydrographic Surveying Services for public facilities and meets the minimum qualifications described in this document. The Professional Hydrographic Surveying Services will be procured in accordance with the Proposer Competitive Negotiation Act (CCNA), adopted by the Florida Legislature in 1973, under section 287.055 Florida Statutes, as amended, which requires state government agencies, municipalities, or political subdivisions, school boards and school districts, to select surveyors based on qualifications rather than on a lowest bid basis. Sealed Statements of Qualifications will be received until 2:00 PM (EST), on August 5, 2016, at the following address:

JACKSONVILLE PORT AUTHORITY Procurement & Contract Services

2831 Talleyrand Avenue Jacksonville, Florida 32206

Any response received after 2:00 PM (EST) on August 5, 2016, will be returned to the Proposer unopened. The responsibility for submitting Statements of Qualifications before the stated time and date is solely the responsibility of the Proposer. JAXPORT will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence.

IT IS MANDATORY THAT THE PROPOSER ACKNOWLEDGE THE INCLUSION OF ALL ADDENDA ON THE SIGNATURE PAGE. ACKNOWLEDGEMENT SHALL BE MADE BY INITIALS AND DATE. FAILURE TO ACKNOWLEDGE ALL ADDENDA SHALL RESULT IN REJECTION OF THE SOQ’s.

PLEASE VISIT http://www.jaxport.com/work-with-us/projects-for-bid OR CALL THE PROCUREMENT DEPARTMENT AT (904) 357-3017, PRIOR TO THE RECEIPT OF SOQ’s TO DETERMINE IF ANY ADDENDA HAVE BEEN RELEASED ON THIS CONTRACT.



SECTION I - INTRODUCTION

The Jacksonville Port Authority (JAXPORT) is requesting Statements of Qualifications (SOQ’s) from professional firms interested in providing Professional Hydrographic Surveying and Mapping Services, to serve as an independent contractor with experience in Maritime Hydrographic Surveying Services and other related services. A general description of the requirements is set forth below. A. Background The Proposer will provide Professional Hydrographic Surveying Services with its own staff for all locations listed below. The Proposer shall perform with its own workforce 100% of the total work as required by the specifications of this RFQ document. The Proposer shall not assign or subcontract any professional work of this contract to any other entity without the specific written permission and acceptance of JAXPORT. All surveying and mapping services shall be rendered at the request of JAXPORT for individually authorized projects. JAXPORT will award this contract to one Proposer (firm), who will act as the Prime and who will be the single point of contact, responsible for the project. Joint Ventures will not be considered. B. Scope of Work The following is a description of the general scope of work. It is recognized that a more detailed description of the scope of work will be provided for each task or project. 1. Project Survey Limits: Proposer will provide Hydrographic Surveying and Mapping Services for the following locations: A. Blount Island Marine Terminal - Berths 20, 22 and 30 thru 35 B. Dames Point Marine Terminal - Berths 10, 16, 17, 18 and Turning Basin C. Talleyrand Marine Terminal - Berths 3 thru 8 2. Horizontal Coordinate System and Vertical Datum: Proposer will confirm and utilize

as the horizontal datum the Florida State Plane Coordinate System, East Zone, North American Datum of 1983 (NAD83). Proposer shall confirm and utilize as the vertical datum the National Vertical Datum of 1929 (NGDV29) and adjust processed depths to Mean Low Water (MLW). The horizontal precision of the GPS control shall conform to Federal Geographic Data Committee, Geospatial Positioning Accuracy Standards – PART 4: Standards for A/E/C and Facility Management (FGDC-STD-007.4-2002), Second-Order, Class 1 for all control points. The vertical accuracy of the control points shall conform to FGDC-STD-007.4-2002 standards for Second-Order, Class II elevation difference accuracy standards for relative positioning techniques.


3. Hydrographic Surveying – Hydrographic data collected will conform to the horizontal and vertical precision requirements outline in Federal Geographic Data Committee, Geospatial Positioning Accuracy Standards – Part 4: Standards for A/E/C and Facility Management (FGDC-STD-007.4-2002). All work will be performed under the direct supervision of a Florida Professional Surveyor and Mapper, as well as a Certified Hydrographer. Proposer will follow the guidelines for collecting field data as outlined in the U.S. Army Corps of Engineers manual EM 1 110-2-1003 – Engineering and Design, Hydrographic Surveying. All depth measurements will be made utilizing a 20 kHz transducer. Elevations mapped and utilized for volume computations will be based on the depths measured with the 200 kHz transducer. The 50 kHz measurements will only be utilized to better define the significance of a possible “fluff” condition existing in the limits of dredging. If a “fluff” condition is present, additional lead line soundings may be performed to facilitate the determination of true bottom. Cross sections will be performed at 50-foot intervals throughout the limits of dredging at each Berth.

4. Volume Computations - Proposer will perform available and excavated volume

computations of dredging activities based on the Pre Dredge, Post Dredge and the Design template. Design template geometry and/or specific volume computation requirements will be provided by JAXPORT prior to surveying operations.

5. Schedule – Proposer will provide hydrographic surveying and mapping services at the request and direction of JAXPORT. The Post Dredge Surveys will be scheduled with assigned dock master at each facility, upon anticipated completion of the dredging activities and shipping schedules. Proposer will be given a minimum of 24 hours’ notice of the anticipated Post Dredge Survey and will make every effort to facilitate any special scheduling from JAXPORT.

C. Request for Statements of Qualifications Notice is hereby given that JAXPORT pursuant to Section 287.055, Florida Statutes, hereby issues this Request for Qualifications (“RFQ”) for Professional Hydrographic and Mapping Services. Under this RFQ, JAXPORT is interested in entering into a continuing services contract with the most qualified Professional Hydrographic Surveying firm who will provide all equipment and labor resources necessary to acquire hydrographic field data, while performing condition surveys, pre- and post dredging surveys. This will be a continuing services contract in accordance with Florida Statutes 287.055(g). Consulting services will be requested on an “as needed” basis and quantity of work will vary throughout the contract term. D. Eligible Proposers (General) Corporations, limited liability companies, limited partnerships, limited liability partnerships, partnerships, sole proprietors (Florida or otherwise) are eligible to submit proposals in response to this RFQ. Joint Ventures are not permitted. Each entity submitting qualification statements shall cause its proposal to be signed by a senior executive officer, manager, or general partner. Submitting a proposal in response hereto is deemed to be a representation and warranty by the entity and individual submitting it that such entity has duly authorized the proposal and the


individual(s) signing such proposal have the authority to do so on behalf of the entity. Additional eligibility requirements may be set forth below. E. RFQ Time Table

1. Legal Notice/Advertisement/Issue RFQ July 20, 2016

2. Statement of Qualifications Submittal Date August 5, 2016 3. Notification of Shortlisted Proposers August 11, 2016 4. Request Price Proposals from Top Ranked Firm August 15, 2016 5. Price Proposal Submittal Date August 18, 2016

6. Negotiate Rates August 23, 2016 7. Complete Negotiations August 26, 2016 8. Issue and Execute Agreement September, 2016 9. Issue Notice to Proceed October 1, 2016

SECTION II – STATEMENT OF QUALIFICATIONS REQUIREMENTS A. Submission of Statement of Qualifications (SOQ’s) Sealed SOQ’s will be received by the Jacksonville Port Authority until 2:00 PM (EST) on, Friday, August 5, 2016, at which time they will be opened in the 1ST Floor Public Meeting Room of the Port Central Office Building, 2831 Talleyrand Avenue, Jacksonville, FL 32206. Procurement & Contract Services Department 2831 Talleyrand Avenue Jacksonville, Florida 32206 (904) 357-3017 The following individual should be contacted on any questions or concerns related to this RFQ: Sandra Platt, Sr. Contract Specialist Phone No.: 904- 357-3017 Via E-mail: [email protected] Sealed SOQ’s will be received in one (1) original and four (4) copies on behalf of Jacksonville Port Authority at 2831 Talleyrand Avenue, Jacksonville, FL 32206, ATTN: Procurement Department. The SOQ’S should be submitted in two (2) separately sealed envelopes marked “Minimum Qualifications” (Section III), first envelope and “Request for Qualifications for Professional Hydrographic Surveying Services (Section IV), second envelope.



B. Questions – Changes While Proposing Any questions regarding this RFQ should be directed to Sandra Platt, Senior Contract Specialist and must be submitted via e-mail only to [email protected] Answers to questions will be released via e-mail in an addenda directed to all known prospective proposers.

The deadline for questions will be: Wednesday, July 27, 2016 by 4:00 PM (EST).

No interpretation of the meaning of the specifications or other Contract Documents, nor corrections of any apparent ambiguity, inconsistency or error therein, will be made to any Proposer orally. Any request for such interpretations or corrections must be made in writing. Any such request which is not received at least five (5) working days before opening of the SOQ’s will not be considered. All such interpretations and supplemental instructions will be in the form of an Addenda to the Contract Documents, which if issued, will be e-mailed to all known prospective proposers. Only the interpretation or correction so given by JAXPORT in writing will be binding, and prospective proposers are advised that only JAXPORT will give information concerning or will explain or interpret the RFQ documents. C. Addenda to RFQ If any addenda are issued to this RFQ, a good faith attempt will be made to bring any changes in this RFQ to the attention of each of the prospective proposer’s who either picked up or were mailed a RFQ, or downloaded one from the JAXPORT’S website. However, prior to submitting their proposal, it shall be the responsibility of each proposer to contact the Procurement Department to determine if addenda were issued and, if so, to obtain such addenda. If any addenda are issued, in order to acknowledge receipt of the addenda, proposers must either submit a copy of the addenda with their proposal or include a written acknowledgement of such receipt in their proposal. IT IS MANDATORY THAT THE PROPOSER SHALL ACKNOWLEDGE THE INCLUSION OF ALL ADDENDA. ACKNOWLEDGEMENT SHALL BE MADE BY INITIALS AND DATE. FAILURE TO ACKNOWLEDGE ALL ADDENDA SHALL RESULT IN REJECTION OF THE SOQ’s.

PLEASE VISIT http://www.jaxport.com/work-with-us/projects-for-bid OR CALL THE PROCUREMENT DEPARTMENT AT (904) 357-3017, PRIOR TO THE RECEIPT OF THE QUALIFICATIONS TO DETERMINE IF ANY ADDENDA HAVE BEEN RELEASED ON THIS CONTRACT. D. Method of Acceptance Statements of Qualifications received will be ranked by JAXPORT on the basis of the criteria provided with this RFQ. JAXPORT reserves the right to award a contract to one Proposer (firm), based on Statement of Qualifications submitted, order of rankings and successful negotiations with the top ranked proposer. JAXPORT reserves the right to enter into negotiations with the highest-ranked proposer, and if JAXPORT and the highest ranked proposer cannot negotiate a mutually acceptable contract, JAXPORT may terminate the negotiations and begin negotiations with the next ranked proposer. This process may continue until a contract has been executed or all responses have been rejected.




No proposer or firm shall have any rights in the subject project or property or against JAXPORT arising from such negotiations. During contract negotiations, the successful proposer will be required to provide a schedule of proposed rates. Such rates and cost will be used in the negotiations of fees and shall remain in effect throughout the length of the contract, except such rates may be adjusted when an amendment to the original contract is being negotiated; provided any increases in rates shall not exceed actual increases in the CPI since the date of response to the RFQ. Unless specifically identified otherwise on the form, rates for subProposers also shall not exceed those shown on the form. SECTION III – MINIMUM QUALIFICATION REQUIREMENTS (FIRST ENVELOPE) A. Registration - Provide proof of registration under the laws of Florida to perform the professional registered surveying and mapping services required of this RFQ. B. Minimum of Five (5) Years’ Experience - All work will be performed by a Florida Professional Surveyor and Mapper, as well as a Certified Hydrographic with a minimum of five-years (5) of experience in the Professional Hydrographic Surveying services necessary to fully implement this contract in an efficient manner. Provide proof that the proposer has a minimum of five-year (5) experience. C. Statements by Bidders

1. Acknowledgement of Addenda/ Proposer Identification/Authorized Signatories - Proposals shall clearly indicate the legal name, address, and telephone number of the Proposer (corporation, firm, partnership, or individual). Proposals shall be signed above the typed or printed name and title of the signer (See Attachment “A”). Proposals must be signed by an individual with the authority to bind the Proposer. The signature of Authorized Representative on the Proposal Forms must be made by an officer of the Proposer if the Proposer is a corporation, by a partner or if the firm is a partnership, by a manager if a limited liability company, or by the proprietor, if the firm is a sole proprietorship.

2. Conflict of Interest - Pursuant to Chapter 112 of the Florida Statutes, Bidders are required to complete and submit with their bids a "Conflict of Interest" statement, Form COI (See Attachment “B”).

3. Public Entity Crime - Pursuant to Chapter 287 of the Florida Statutes, Bidders are required to complete and submit with their bids a Sworn Statement Pursuant to Section 287.133 (3) (a), Florida Statutes, on Public Entity Crimes, Form PEC (See Attachment “C”).

A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

• Submitting a bid on a contract to provide any goods or services to a public entity;


• Submitting a bid on a contract with a public entity for the construction or repair of a public building or public work;

• Submitting bids on leases of real property to a public entity; • Being awarded or performing work as a contractor, supplier, subcontractor, or

Proposer under a contract with any public entity; and • Transacting business with any public entity in excess of Category Two threshold

amount ($25,000) provided in section 287.017 of the Florida Statutes.

4. Discriminatory Vendor List – An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not:

• Submit a bid on a contract to provide any goods or services to a public entity; • Submit a bid on a contract with a public entity for the construction or repair of a

public building or public work; • Submit bids on leases of real property to a public entity; • Be awarded or perform work as a contractor, supplier, subcontractor, or Proposer

under a contract with any public entity; or • Transact business with any public entity. • To view a current list, visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists

5. Bidders Representation and Authorization – In submitting a Statement of Qualifications, each Bidder understands, represents, and acknowledges the following (if the Bidder cannot so certify to any of the following, the Bidder shall submit with its response a written explanation of why it cannot do so).

• The Bidder is not currently under suspension or debarment by the State or any other governmental authority.

• To the best of the knowledge of the person signing the bid documents, the Bidder, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

• Bidder currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

• The bid submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices not amounts, actual or approximate, have been disclosed to any Bidder or potential Bidder, and they will not be disclosed before the solicitation bid opening.

• The Bidder has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.




• The product(s) offered by the Bidder will conform to the specifications without exception.

• The Bidder has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions.

• If an award is made to the Bidder, the Bidder agrees that it intends to be legally bound to the Contract that is formed with the Jacksonville Port Authority.

• The Bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the bid response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response.

• The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent’s preparation of its bid.

• All information provided by, and representations made by, the Bidder are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes.

• That the Bidder has carefully examined the site of the work and that from his/her investigations has been satisfied as to the nature and location of the work, the kind and extent of the equipment and other facilities needed for the performance of the work, the general and local conditions, all difficulties to be encountered, and all other items which in any way affect the work or its performance.

• That the Bidder is in full compliance with all federal, state, and local laws and regulations and intends to fully comply with same during the entire term of the contract.

SECTION IV - SELECTION CRITERIA (SECOND ENVELOPE) A. Requirements for Proposers

1. Proposers shall submit one (1) original and four (4) copies of their response to this Request for Qualifications. JAXPORT may request additional copies of those Statement of Qualifications (SOQ’s), which are selected for the short-list of qualified proposers.

2. SOQ’s shall contain no more than twenty (20) pages (including staff resumes), exclusive

of the covers, required attachments, and tab sheets. Text and figures shall be printed on one side of the paper only. SOQ’s shall be on 8.5 x 11 paper bound. SOQ’s should be prepared in the order of the evaluation criteria detailed below, and tables should be used to separate and label the sections according to criteria. Resumes should not be included for staff that is not material to the project work.

3. SOQ’s must contain an organizational chart and brief resumes of all initial key staff.

4. Clear statements of experience related to the attached scope of work of management, staff

and of the firm along with a list of references should be included. The list of references must include a contact person, email address and telephone number.

5. The Proposer must submit an overall schedule of availability of personnel as such exists

at that time. Any significant commitment of listed personnel which could conflict with


their availability for this project should be clearly shown, including all personnel who are not locally based.

B. Proposer's Responsible for Addressing Criteria All Proposers should be aware that the SOQ’s will be evaluated in accordance with the criteria prescribed herein and accordingly would be advised to structure their proposal in a manner to properly address each of the evaluation criteria. Failure to provide adequate information on any written criterion will result in lower scores and could result in rejection of the SOQ’s as non-responsive. C. Evaluation Criteria The evaluation criteria are set forth below. 1. Competence, including technical education, licensure and training, experience in the kind of project to be undertaken, availability of adequate personnel, equipment and facilities, the extent of repeat business of the persons and, where applicable, the relationship of hydrographic surveying cost estimates by the person to actual costs on previous projects. (15 Points maximum score) Provide written documentation which demonstrates that the Proposer meets all of the minimum requirements contained in this RFQ. Provide a photocopy of a current license issued by the State of Florida Department of Professional Regulation, or other written documentation which authorizes the Proposer in accordance with Florida Statutes to perform the services required by this RFQ. Provide resumes of those individuals to be assigned to these services, specifically the Florida Professional Surveyor and Mapper, as well as the Certified Hydrographer. Discuss overall experience of staff as it relates to the services being sought. The Proposer must commit to the stability of the proposed Project Manager for the duration of the project. In the event the Proposer must replace the Project Manager for reasons beyond the Proposer’s control, a formal submittal demonstrating similar qualifications and project understanding for the proposed replacement must be submitted for JAXPORT approval. JAXPORT reserves the right to replace the Proposer with the next qualified firm, should this personnel change affect the most qualified status of the Proposer. Provide description of Proposer’s equipment and facilities, which will be used to perform these services. Discuss the extent of repeat business the Proposer has achieved. Provide any other documentation, which the Proposer believes, documents its competency to perform the requested services. 2. Recent, current, and projected work load. (15 Points maximum score) Provide number and size of projects currently being performed in the project office, personnel assigned thereto and stage of completion of such projects, status of each project relative to completion schedules, reasons for any delayed projects, and projected personnel availability. Discuss ability of firm to prosecute multiple concurrent projects and contracts given its current workload. Proposer may include charts and graphs to demonstrate the current and projected workloads or the office proposing the work and may identify or explain the method the Proposer will use to adjust for any work fluctuations.


3. Financial responsibility. (5 Points maximum score) Provide form of business, i.e., proprietorship, partnership, corporation; years in business; changes in ownership; bank references; any other information the applicant may wish to supply to verify financial responsibility. A Dunn and Bradstreet Report Rating reflecting the Firm’s Financial Strength and Composite Credit Appraisal scores or a financial statement including a balance sheet for the most recently completed Fiscal Year must be submitted in order to score maximum points in this criterion. 4. Ability to observe and advise whether plans and specifications are being complied with, where applicable. (15 Points maximum score) Describe ability and experience of the Proposer and assigned personnel in observing and monitoring hydrographic surveying projects, ensuring that all services are proceeding in accordance with the plans and specifications. Evaluation of this criterion will also consider the proposer's ability to interpret specifications as evidenced by the preparation of a response to this RFQ. 5. Past and present record of professional accomplishments for JAXPORT and Others. (15 points maximum score) Provide list of completed projects similar in scope to projects under consideration previously performed by the Proposer with references to include owner's contact person with their contact information. Describe any outstanding accomplishments of the Proposer that relate to the specific services being sought. Submit any letters of commendation or awards which reflect the professional accomplishments of the Proposer. Responding to this evaluation criterion necessitates that proposers include statements of their past and present record of professional accomplishments or performance: (i) On projects undertaken for the Jacksonville Port Authority, Jacksonville Electric Authority, the City of Jacksonville and the U.S. Army Corps of Engineering. (ii) On projects undertaken with others that are similar in nature to the size and scope of professional services and / or work required for the project solicitation herein. Respondents are requested to state with specificity whether or not, within the past five years, they have provided the scope of services contemplated herein within the State of Florida. (iii) List only those projects where the Proposer was the prime and not a subProposer. (iv) Provide a self-assessment of the Proposer’s performance on each project, including type of work performed as it relates to JAXPORT requirements. 6. Proximity to the project. (10 Points maximum score) Disclose location of the Proposer's corporate headquarters. If the Proposer's corporate headquarters are located in Jacksonville, no further information is required under this criterion and maximum points will be awarded. If the Proposer's corporate headquarters are not located in Jacksonville, please indicate whether proposer maintains a branch office in Jacksonville. If so, please indicate how long the Jacksonville branch office has been in existence and the number of qualifying employees in the branch office. (Note: Qualifying employees are those who are assigned to the Jacksonville branch office and have lived in the Jacksonville area for the previous


twelve (12) months). If the proposer's corporate headquarters are not located in Jacksonville and proposer does not maintain a Jacksonville branch office, the response should so clearly state. Minimum points will be awarded in this criterion in this instance. The selected proposer will be required to verify its location by furnishing, prior to execution of an agreement for professional services, a photo-copy of a current Occupational License issued by the Tax Collector of Duval County. A local office is not required in order to respond to this RFQ, but one must be established prior to execution of a contract. The proposer’s Project Manager must be available locally during the duration of the project. 7. Past and present demonstrated commitment to small and minority businesses and contributions toward a diverse market place. (10 Points maximum score) This evaluation criterion is intended to solicit responses from proposers that indicate their past and present commitment to minority, women-owned, small, and emerging businesses. More specifically, responses to this evaluation criterion should include, without limitation, statements that document the proposer’s:

1. Commitment to diversity among the directors, officers, members and/or employees that make up its firm; 2. Commitment to diversity within its community and beyond;

8. An overall willingness to meet both time and budget requirements for the project. (5 Points maximum score) In an effort to remain consistent with Chapter 287, Florida Statutes, responding to this evaluation criterion necessitates that a proposer include statements and references demonstrating that the Proposer met both time and budget requirements on projects of similar size and scope that were completed by the Proposer within the past three years and that the Proposer is meeting both time and budget requirements on projects of similar size and scope that are currently being performed by the Proposer (“Reference Projects”). As part of its response to this evaluation criterion, the Proposer must submit an expressed statement of its overall willingness to meet both time and budget requirements for the project in question. 9. The volume of current and prior work performed for using agencies shall be considered a minus factor, with the objective of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. (10 Points Maximum Score) Submit a list of all local JAXPORT projects on which proposer has been awarded fees during the past five-years (5). Include only those in which the Proposer was the prime; do not delete fees paid to sub-proposers or others. Such list shall include work for the City of Jacksonville, Army Corps of Engineers or any public or private entity. If the Proposer has not performed work for any of these agencies during the past five-years (5), the response should so clearly state. D. Evaluation of Proposals Following the receipt of Statements of Qualifications, the Director of Procurement Services will conduct a review to assure that each SOQ is responsive to this RFQ. SOQ’s deemed unresponsive will be returned to the Proposer with a brief explanation of the reason for rejection.


Following the initial screening, the Director of Procurement will convene the members of the Evaluation Committee that will independently evaluate and rank each SOQ in accordance with the Evaluation Criteria contained in this RFQ.

Each Evaluation Criterion will have a value from one to the maximum point value noted for that criterion. The total of a perfect score for all 9 sections would equal 100 points. At JAXPORT’s discretion, a limited number of Proposers may be invited to make oral presentations/interviews prior to final selection. Such presentations/interviews will be scheduled at JAXPORT’s convenience. JAXPORT will not be liable for any cost incurred in connection with such oral presentations/Interviews. JAXPORT is not required to contact a Proposer to obtain additional information to evaluate the Proposal.

JAXPORT will make an award based on a proposer’s ability to meet both entities needs and requirements, based on the Bid Evaluation Criteria of this RFQ. Factors used to evaluate each proposers response, as well as the weight attributed to each of the factors will vary for each category.

It is the intent of JAXPORT to award this contract to the firm, which in our sole opinion, is capable of providing the best overall service consistent with the goals and objectives of JAXPORT. JAXPORT reserves the right to waive informalities in any Proposal, to reject any or all proposals received in response to this "RFQ", with no liability to JAXPORT for rejection of any proposal for any reason. If an Agreement is awarded, it will be in a manner which best serves the interest of JAXPORT. JAXPORT reserves the right to employ other proposers at any time for any assignment, if in its sole determination it would be in the best interest of JAXPORT to take this action.

E. Evaluation Matrix Evaluation Factors and Weights - JAXPORT will make award based on the Proposer's ability to meet our needs as rated on the evaluation matrix shown below. Factors used to evaluate the Proposer's response, as well as the weighting of the factors, vary for each service and are listed below.

Ability of Proposer: Points

1 Firm Competence, including Technical Education, Training and Experience 15

2 Recent, Current and Projected Workload – Ability of the Firm to Devote the Necessary Resources and Management Attention to the Project

15

3

Financial Responsibility 5

4 Ability to Observe and Advise Whether Plans and Specs are Being Complied With, Where Applicable

15

5 Past and Present Record of Professional Accomplishments for the JPA and Others.

15

6

Proximity to the Project Involved

10

7

Past and Present Demonstrated Commitment to Small and Minority Business 10

8

An Overall Willingness to Meet Both Time and Budget Requirements for the Project 5

9

The Volume of Current and Prior Work Performed 10

10

Total Score 100 points


SECTION V - CONTRACT TERMS AND CONDITIONS A. Contract Term The Contract term will be for an initial period not to exceed three-years (3), with three (3) additional, one-year (1) renewal options available at the sole option of JAXPORT, based on vendor performance and adherence to all terms, price and conditions of said RFQ. This contract is subject to availability of budgeted funds. B. Compensation Compensation will be paid in accordance with the negotiated fees and as required by terms and conditions of the resulting contract. Partial payments will be approved for services rendered and accepted by JAXPORT.

C. Invoices Invoices should be mailed to the Attn: Accounts Payable, 2831 Talleyrand Avenue, Jacksonville, FL 32206 or emailed to [email protected]. Invoices will be processed in accordance with normal JAXPORT terms, which is 30 calendar days after receipt of an approved invoice. D. Permits and Licenses Work permits and all licenses necessary to carry out the work will be secured and paid for by the Proposer and remain in effect throughout the duration of the Contract. All licenses must be maintained for the entire term of the Contract and will be subject to review by JPA at any time. If the Proposer allows unlicensed personnel to perform work on JPA facilities, the Proposer will be terminated immediately. E. Termination Provisions

A. Unsatisfactory performance by the Proposer may result in immediate cancellation of this Contract.

B. This contract may be terminated at any time with 30 days written notice, with or

without cause, by JAXPORT. This Contract may also be terminated by JAXPORT in accordance with this clause whenever JAXPORT determines that such termination is in the best interest of JAXPORT. Such termination will be effected by a thirty (30) day prior written notice to the Proposer stating the date upon which such termination becomes effective.

F. Conformity to Applicable Laws The Proposer must comply with all applicable federal, state and local laws, rules and regulations as the same exist and as may be amended from time to time, including, but not limited to, the “Public Records Law”, Chapter 119, Florida Statutes (the Public Records Act) and Section 286.011, Florida Statutes, (the Florida Sunshine Law). If any of the obligations of this Agreement are to be performed by a subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract.



G. Audit Provisions JAXPORT may at any time during normal business hours, with or without prior notice and by or through its employees or its proposers, inspect, copy and audit all of the books and records of the provider (and its subcontractors, if any) selected to perform the services sought hereunder, if any, including all work papers and correspondence and financial records related to such services. The selected provider shall include this provision in each subcontract entered into in respect of such services. H. Protest Procedures Any bidder adversely affected during this solicitation process may file a notice of protest, including all particulars of facts and laws on which the protest is based. This notice must be in writing and addressed to the Director of Procurement, Jacksonville Port Authority, Post Office Box 3005, Jacksonville, FL 32206. Timely Notice of Protest (a) Recommendations of Award and/or Bid Rejection. A Protestant shall have 48 hours after either the posting or written notification of a decision or intended decision, whichever is earlier, in which to file a written Notice of Protest in order to timely challenge or seek relief from a Procurement Department recommended award of an exceptional purchase or an award or recommended conclusion to any bid or proposal solicitation process, including without limitation: (i) a recommendation to reject a bid or proposal; (ii) a contract award; or (iii) the short-listing of bidders. (b) Bid/Proposal Specifications and/or Requirements. A Protestant shall have 10 business days after the posting of a solicitation or 48 hours after the posted date and time of a pre-bid or pre-proposal conference, whichever is earlier, or 48 hours after the posting of an addendum, in which to file a written Notice of Protest in order to timely challenge the requirements, terms and/or conditions contained in bid or proposal documents, including without limitation any provisions governing or establishing: (i) the basis for making the award in question; (ii) evaluation criteria; (iii) equipment, product, or material specifications; (iv) proposed project schedules; (v) statements regarding participation goals or other equal opportunity measures; or (vi) other general solicitation or reject requirements. (c) Computation of Time. The computation of the time limitations or periods contained herein shall be governed by and shall be pursuant to SOP-1215 Procurement Code for the Jacksonville Port Authority. Failure to file a written Notice of Protest within the applicable time limitation or period shall constitute a waiver of any right, remedy, or relief available hereunder. (d) Form and Content of the Notice of Protest. A written Notice of protest shall: (i) be addressed to the Director of Procurement; (ii) identify the solicitation, decision, or recommended award in question by number and title or any other language sufficient to enable the Director to identify the same; (iii) state the timeliness of the protest (iv) state Protestant’s legal standing to protest; and (v) clearly state with particularity the issue(s), material fact(s) and legal authority upon which the protest is based. Request for Extension to File Supplemental Protest Documentation. At the time of filing a Notice of Protest hereunder, a Protestant may request an extension of three (3) business days after the date its Notice of Protest is timely received, in which to provide supplemental protest documentation. Failure to request an extension or to timely submit the supplemental protest


documentation shall constitute a waiver any right to the same. No supplemental documentation will be accepted after the extension period. Delivery. The timely filing of a Notice of Protest shall be accomplished when said notice is actually received by the Procurement Department within the applicable time limitation or period contained herein. Filing a notice may be accomplished by manual transfer via hand-delivery or mail to the Director of Procurement at 2831 Talleyrand, Avenue, Jacksonville, FL 32202 or by electronic transfer via facsimile to (904) 357-3077. The responsibility and burden of proof that its Notice of Protest has been timely and properly received shall rest with the Protestant, regardless as to the method of delivery employed. Process. All protests or appeals must be in writing, addressed to the Director of Procurement, and filed within the time described in paragraph (a) or (b), as applicable, of the section entitled “Timely Notice of Protest” above. Upon receipt of a timely filed written Notice of Protest, the Director of Procurement will acknowledge, by certified letter, the receipt of an appeal. The Director of Procurement will send a copy of the protest to the Chief Executive Officer, who will appoint individuals to review the protest. The Procurement Appeals Board (PAB) will consist of three members appointed by the Chief Executive Officer who will also name the person to serve as chair. The PAB may not include any members of the Evaluation Committee or Awards Committee that were involved in the appeal action. The Secretary to the Board of Directors or his/her designee will serve as Secretary to the PAB and will schedule the Protest Hearing meeting and will notify the Protester and any other individuals considered necessary of the date, time, and place of the scheduled PAB meeting. The PAB chair will notify the Director of Procurement if the award of a contract must be delayed until completion of the appeal process. The PAB meeting will be held in accordance with the Florida Government in the Sunshine Law to include proper notice and meeting minutes. Protest Hearing Rules and Procedures. (a) Protest Hearings hereunder shall be heard before the PAB, and shall begin with a general statement of the rules and procedures prescribed herein by a representative of the PAB, followed by a general statement of the facts by a representative of the Procurement Department. Representatives of the Protestant, limited solely to its owners, officers, employees, and/or legal counsel, will then be required to present its case based solely on the issue(s) and information contained in the Notice of Protest and any timely submitted supplemental protest documentation, Those persons or entities, other than the Protestant, who have legal standing and will be directly affected by the resolution of the protest will be given an opportunity to be heard and to present information before the PAB, which will be followed by a statement and the presentation of information from the Procurement Department and other governmental representatives. The Protestant must establish by the preponderance of the evidence that the protest should be granted based upon the law, facts, and information presented. The PAB is entitled to ask questions of any party at any time during the hearing. (b) For hearings hereunder, the formal rules of evidence pursuant to the Florida Evidence Code may be relaxed at the sole discretion of the presiding chairperson of the PAB. Hearsay evidence may be admissible and used to supplement or explain other evidence. (c) Unless otherwise provided by the Procurement Code the burden of proof shall rest with the Protestant. The standard of proof for proceedings hereunder shall be whether a Procurement Department recommendation or intended decision in question was clearly erroneous, arbitrary or


capricious, fraudulent, or otherwise without any basis on fact or law. In any protest proceeding challenging a decision or intended decision to reject all bids, proposals or replies, the standard of review shall be whether the decision or intended decision is illegal, arbitrary, dishonest, or fraudulent. (d) A majority vote of the PAB shall be required to recommend the granting or denial of a protest hereunder. A recommendation by the PAB concerning action to be taken on the protest, along with any other relevant information, will be forwarded to the Chief Executive Officer for final resolution, and the decision of the Chief Executive Officer shall represent final agency action. The minutes of the PAB will be retained by the Secretary to the PAB, and a written notice of the decision of the PAB will be filed in the contract file. All parties involved in the Protest Hearing will be notified in writing by the Procurement Department after a decision is rendered by the Chief Executive Officer, and/or his/her designee. The administrative procedures that will be followed by JAXPORT will be provided to the Protester with this certified letter, but are available to all bidders upon request, at any time. I. Insurance Requirements The Proposer shall procure and maintain during the term of the project, insurance of the types and in the minimum amounts stated below: Worker’s Compensation – Florida Statutory Coverage and Employer’s Liability (including Appropriate Federal Acts): Statutory/$100,000 Comprehensive General Liability – Premises – Operations, Products-Completed Operation, Contractual Liability, Independent Contractors: $1,000,000 CSL (JPA shall be named as an additional insured under all of the above Comprehensive General Liability coverage). Auto Liability – All autos-owned, hired or used: $1,000,000 CSL. Professional Liability: $1,000,000 Excess / Umbrella Liability: Each Occurrence $2,000,000 Aggregate $2,000.000 Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statues. Prior to commencing any work on the project. Certificates of insurance evidencing the maintenance of said insurance shall be furnished to JPA. The certificates shall provide that no material alteration or cancellation, including expiration a non-renewal, shall be effective until fifteen (15) days after receipt of written notice by JPA. J. Public Meeting Requirements JAXPORT is required to comply with Section 286.011 of the Florida Statutes. Therefore Evaluation Committee meetings and meetings of the JAXPORT Awards Committee are required to be held in public with sufficient notice made of the time and date of the meeting. All notices of public meetings are posted in the lobby of the Jacksonville Port Authority, 2831 Talleyrand Avenue, Jacksonville FL.


K. JSEB/MBE Participation It is the policy of JAXPORT to require the inclusion of local small and emerging businesses in contract awards and projects whenever feasible. This policy is consistent with the administrative mandate set out by the United Stated Department of Transportation in the Code of Federal Regulations in Title 49 at the CFR Part 23. No JSEB/MBE participation goal is required for this project. L. Truth-In-Negotiation Certificate The Professional surveying/mapping Proposer understands and agrees that execution of this Agreement by the Proposer shall be deemed to be simultaneous execution of a Truth-in-Negotiation Certificate under this provision to the same extent as if the certificate had been executed apart from this Agreement, such certificate being required by Section 287.055, Florida Statutes. Pursuant to such certificate, the Proposer herby states that the wage rates and other factual unit costs supporting the compensation hereunder, as detailed in APPENDIX “A” – the Project Proposal, and by this reference made a part hereof are accurate, complete, current and for federally-assisted contracts are consistent with the federal cost principals contained in Title 48, Code of Federal Regulations (CFR), Part 31, at the time of contracting. Further, the Proposer agrees that the compensation hereunder shall be adjusted to exclude any significant sums where the Owner determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs, provided that any and all such adjustments shall be made within three (3) years following the completion date of this Agreement. M. Assignment The Proposer shall not assign any interest in this Agreement, and shall not transfer any interest in the same, without the prior written consent of the Owner thereto. N. Non-exclusive Agreement It is agreed that nothing in this Agreement obligates the Owner to commit all or any portion of its work toward service to be performed by the Proposer. Furthermore, the Owner reserves the right to award a portion, or all of its work, to other Proposer(s), if, in its sole judgment, such action would be in the best interest of the Owner. O. Independence In the performance of the services of the Proposer under this Agreement, the Proposer shall be acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venture or associate of the Owner. The Proposer shall be solely responsible for the means, methods, techniques, sequences and procedures utilized in the full performance of its services under this Agreement. P. Non-Discrimination

1. General - With regard to the work performed by the Proposer after award and prior to completion of the contract work, the Proposer shall not discriminate on the grounds of race, ethnicity, religion, gender or national origin, in the selection and retention of Subcontractors. Proposer shall comply with the provisions of Presidential Executive Order 11246, as amended, and with all rules and regulations implementing that Executive Order. Such provisions, rules, and regulations are incorporated herein by reference as set out in their entirety. Proposer shall not participate either directly or indirectly in discrimination. Failure to carry out


these requirements is a material breach of this contract, which may result in the termination of this contract.

2. Information Reports - Proposer shall provide all information and reports required by the local and State regulations or orders and instructions issued pursuant thereto, and shall permit access to the Proposer's books, records, accounts, or other sources of information and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such regulations, orders and instructions.

Where any information required of the Proposer is in the exclusive possession of another who fails or refuses to furnish this information, the Proposer shall certify to the Owner, as appropriate, and shall set forth what efforts it has made to obtain the information.

3. Sanctions for Non-compliance - In the event of the Proposer's non-compliance with the non-discrimination provisions of this Agreement, the Owner may impose such sanctions as it may determine to be appropriate including, but not limited to, cancellation, termination or suspension of the Agreement in whole or in part.

4. Discriminatory Vendor List - An entity or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Proposer under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 24 months from the date of being placed on the convicted vendor list. Q. Disputes

1. Dispute Negotiation - In the event a dispute arises relative to the interpretation of Project requirements, prosecution and fulfillment of this Agreement or any other matter of whatever nature related to this Agreement, the parties shall attempt to settle the dispute through negotiation between the Owner and the Proposer. A condition precedent to negotiation or seeking judicial relief is that, written notice of the dispute shall be provided the other part for the aggrieved party's position. Said negotiated resolution of the dispute shall not, however, be binding on the Owner and Proposer until the settlement is reduced to writing, and endorsed by the designated representatives of the Owner and Proposer.

2. Party Representation - It is understood and agreed that for the purpose of this Section, the Executive Director of the Jacksonville Port Authority or his designee shall represent the Owner in all matters pertaining to this Article, and shall have the authority to bind the Owner, subject to review and approval by the Owner's Governing Board. It is further understood and agreed that Deane Fowler, PE or other representative(s) named in writing by the Proposer to act in its behalf shall represent the Proposer in all matters pertaining to this Article, and shall have the authority to bind the Proposer.

3. Legal Rights - Nothing in this Agreement shall be construed as denying either the Owner or Proposer the right to seek judicial relief or from pursuing any other appropriate legal remedy, subject to the above notice requirement.


R. Force Majeure Neither Owner nor Proposer shall be deemed to be in default hereunder if either party is prevented from performing any of its obligations by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, Acts of God, acts of the public enemy, acts of superior government authority, weather conditions, riots, rebellion, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. S. Final Payment Release Prior to final payment under this Agreement, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, the Proposer shall execute and deliver to the Owner a release of all contract claims against the Owner arising under or by virtue of this Agreement, except for those which are in the dispute resolution process, or are being adjudicated in court. The release of contract claims shall be of form and content acceptable to the Owner.

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ATTACHMENT “A”

ACKNOWLEDGEMENT OF ADDENDA/PROPOSER INDENTIFICATION/AUTHORIZED SIGNATORIES

Proposals must be signed by an individual with the authority to bind the Proposer. The signature of Authorized Representative on the Proposal Forms must be made by an officer of the Proposer if the Proposer is a corporation, by a partner or if the firm is a partnership, by a manager if a limited liability company, or by the proprietor, if the firm is a sole proprietorship. Acknowledgment of the following addenda is hereby made:

Addendum No. 1, Dated: __________ Initials: ______



Addendum No. 4, Dated: __________ Initials: ______ Name of Contractor Firm Business Address City State Zip Code Mailing Address, if different from above Authorized Signature Date Executed Typed Name Title Telephone Number Facsimile Number ______________________________________________________________________________ Company Federal Tax I.D. No. Company’s Business License No.


ATTACHMENT "B"

CONFLICT OF INTEREST CERTIFICATE (FORM COI) JPA PROJECT MC-1530

Bidder must execute either Section I or Sections II and III, hereunder, as required by Chapter 112 of the Florida Statutes. Failure to execute either Section I or Section II and Section III may result in the rejection of this bid/proposal.

SECTION I - I hereby certify that no public officer or employee of the Jacksonville Port Authority has a material financial interest or any business entity of which the officer, director or employee of the officer’s, director’s or employee’s spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the official’s, director’s or employee’s spouse or child, or any combination of them, has a material interest in this contract.

“Material Interest” means direct or indirect ownership of more than 10 percent of the total assets or capital stock of any business entity.

_________________________________ _____________________________________________ Signature Company Name

_________________________________ _________________________________________________ Name of Official (type or print) Business Address, City State Zip Code SECTION II - I hereby certify that the following named public official(s) and/or JAXPORT employee(s) having material financial interest(s) (in excess of 10%) in this company have each filed Section III (Public Official Disclosure) with the Jacksonville Port Authority, Office of the Chief Executive Officer, 2831 Talleyrand Avenue, Jacksonville, Florida 32206-0005 prior to the time of bid opening.

NAME TITLE OR POSITION DATE OF FILING

_ _ __ Signature Company Name __________________________ __________________________________________________________ Name of Certifying Official Business Address, City State Zip Code SECTION III (PUBLIC OFFICIAL DISCLOSURE.) The Jacksonville Port Authority requires that a public official who has a financial interest in a bid or contract, make a disclosure at the time that the bid or contract is submitted, or at the time that the public official acquires a financial interest in the bid or contract. Please provide disclosure with bid, if applicable. Public Official:__________________________________________ Position Held:____________________________________________ Position or Relationship with Bidder:________________________ Date:__________________________________________________


ATTACHMENT “C”

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (FORM PEC)

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to _______JAXPORT_________________________ by _____________________________________________________________________ (print individual’s name and title) for _____________________________________________________________________ (print name of entity submitting sworn statement) whose business address is __________________________________________________ _______________________________________________________________________

and (if applicable) its Federal Employer Identification Number (FEIN) is ____________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ____________________________________________________.) 2. 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 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.

3. 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.

4. 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 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.

5. 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.


6. Based on information and belief, the statement which I have marked below is true in relation to

the entity submitting this sworn statement. (Indicate which statement applies.) _____Neither the entity submitting this sworn statement, nor any of its officers, directors,

executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989.

_____The entity submitting this sworn statement, or one or more of its officers, directors,

executives, partners, shareholders, employees, members, or agents who are active in the 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.

_____The entity submitting this sworn statement, or one or more of its officers, directors,

executives, partners, shareholders, employees, members, or agents who are active in the 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. 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 the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY 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 FORM. _____________________________ (signature) _____________________________ (date) STATE OF ___________________________ COUNTY OF _________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, _________________________________ who, after first being sworn by me, affixed

(name of individual signing) his/her signature in the space provided above on this _____ day of ________, 20_____. ________________________________________________ NOTARY PUBLIC My commission expires: