2004-030 Engineering Services Continuing Contract_SFRN•
RESOLUTION 30-2004
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A CONTINUING CONTRACT WITH SFRN, INC., ATTACHED
AS EXHIBIT "A", WHICH CONTRACT IS FOR THE PURPOSE OF SECURING
PROFESSIONAL ENGINEERING CONSULTANT SERVICES FOR THE VILLAGE; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida,` does hereby
approve the continuing contract with SFRN, Inc., attached as Exhibit "A" which agreement is for
the purpose of securing professional engineering consultant services for the Village.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
continuing contract with SFRN, Inc., set forth in Exhibit "A" for and on behalf of the Village of
North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 14th DAY OF MAY, 2004.
1~11Nt~~l l1 fly/y1~~!
~~(1 ~ ~ ~ ~i ~/i,~
1111111111 ~~ t
~~ 1111 1111 7
t .1C,
I
f
1/~
(Village Seal) : ~,,
11 ~, ~. M YOR
~~~ .11t1F1< `i, ~~~
A'
VILLAGE CLERK
•
•
CONTINUING CONTRACT
FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL ENGINEERING SERVICES
This Continuing Contract for Engineering Services is made and entered into by
the Village of North Palm Beach, a political subdivision of the State of Florida, (the
"Owner") and SFRN, Inc., (the "Engineer") in response to the Village's December 5,
2003 "Request for Qualifications - No. 7787072 -Professional Engineering Consultant
Services".
WHEREAS, the Owner desires to Contract with the Engineer as Village Engineer
to perform Professional Engineering Services; and
WHEREAS, the Engineer has considerable expertise and experience in these
professional services.
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledge, the Owner and Engineer agree:
1. ATTACHMENTS:
The "Request for Qualifications - No. 7787072 -Professional Engineering
Consultant Services" dated December 5, 2003 document shall be contained in
Attachment A, attached hereto and made a part hereof. The Sworn Statement
Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crime shall be
contained in Attachment B, attached hereto and made part hereof. The SFRN,
Inc. 2004 Fee Schedule shall be contained in Attachment C, attached hereto
and made a part hereof. Copies of our insurance certificates are identified in
Attachment D.
2. REPRESENTATIONS AND WARRANTIES
2.1 By executing .this, Contract, the Engineer makes the following expressed
representations and warranties to the Owner:
A. The Engineer is professionally qualified to act as the Engineer to provide the
required Professional Services and is licensed to practice engineering by all
• public entities having jurisdiction.
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 1
B. The Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as .Engineer for the Professional Services
until the Engineer's duties hereunder have been fully satisfied.
C. The Engineer shall provide all required Professional Services in accordance
with the Scope of Services identified in Attachment A, as required by this
Contract in such a manner that all services rendered shall be in conformity
and compliance with all applicable laws, codes and regulations.
D. The Engineer assumes full responsibility to the Owner for the intentional and
negligent acts and/or omissions of its consultants or others employed or
retained by the Engineer in connection with the Professional Services.
Engineer shall indemnify, save, and hold the Village and employees, Council
Members, officers and agents of the Village harmless from damages, losses,
liabilities, expenses, costs, and attorney's fees resulting from any negligent
act or omission, or the violation of any federal, state or local law or regulation,
by the Engineer, or its employees in connection with this contract.
E. Services performed by the Engineer under this Agreement will be conducted
in a manner consistent with that level of care of skill ordinarily exercised by
members of the profession currently practicing in the same locality.
F. Relationship Between the Parties: The Engineer is an independent contractor
and is not an employee or agent of the Village. Nothing in this contract shall
be interpreted to establish any relationship other than that of an independent
contract, between the Village and the Engineer, its employees, agents,
subcontractors, or assigns, during or after the performance of this contract.
The Engineer is free to provide similar services for others.
3. SCOPE OF SERVICES
The services that are required of the Engineer, shall be on an as needed basis in
accordance with the Request for Qualifications identified in Attachment A. The
fee schedule for these services are set forth in Attachment C. In the event
Engineer requires the services of any subconsultants or other professional
associates in connection with the Scope of Work, Engineer must secure approval
of the Owner. These services include, but are not limited to architectural,
structural, electrical, mechanical, geotechnical, environmental, coastal, marine,
transportation, planning and landscape architecture/irrigation. This fee schedule
may be amended from time to time due to rising operation costs and upon
approval by the Village of North Palm Beach Council.
During the term of this contract, the professional services to be provided the
Village under this contract shall not exceed projects for which the construction
costs exceed $1 million or study activities when the fee for such professional
• services exceeds $50,000 as set forth in Section 287.055, Florida Statutes, or as
otherwise provided by law. The Village specifically reserves the right to seek the
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 2
services of other consultants notwithstanding that such project or task might be
within the scope of services set forth in this contract.
•
4. INDEMNITY AND INSURANCE
Indemnity and Insurance requirements of the Engineer are set forth in
Attachment A and copies of our insurance certificates are identified in
Attachment D.
The Engineer shall procure and maintain, through the term of this contract,
insurance coverage reflecting at a minimum, the limits and coverage conditions
identified on Attachment D and made a part of this contract. The insurance limits
and coverage conditions identified require first dollar coverage. The Village shall
be named as an "additional insured" under the general and automobile
insurance. The coverage required shall extend to all employees and
subcontractors of the Engineer.
The Engineer shall provide the Village insurance certificates as proof of
insurance prior to the commencement of any performance by the Engineer. The
Engineer shall notify the Village at least thirty (30) days prior to cancellation or
modification of any insurance policy and certificate required under this contract.
The failure to provide the Village with proof of insurance or the cancellation of
any insurance policy during the term of this contract shall be cause for the
Village's termination of the contract.
5. PERSONNEL
5.1 The Engineer shall assign only qualified personnel to perform any of the required
Professional Services. At the time of execution of this Contract, the parties
anticipate that the following named key individuals will perform those functions
indicated:
NAME: TITLE:
K. Dan Shalloway, P.E. President
Keith B. Jackson, P.E. Corporate Officer- Client Manager
C. Andre Rayman, P.S.M. Senior Project Manager -Head of Survey.
•
5.2 To the extent the key individual named above herein, remain actively employed
or retained by the Engineer, they shall perform the responsibilities and functions
referenced by their title. The Engineer may reassign functions or duties to new
and/or additional individuals.
6. PAYMENTS
6.1 For its assumption and performance of the duties, obligations and responsibilities
set forth herein, the Engineer shalt be paid as follows:
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 3
A. The Engineer shall be paid for those services and expenses required by this
Contract and described in Attachment A.
• B. As a condition precedent for any payment due under this Paragraph 6, the
Engineer shall submit monthly, unless otherwise agreed in writing by the
Owner, an invoice to the Owner requesting payment for services properly
rendered and expenses due hereunder.
i. Each invoice shall bear the signature of the Engineer, which signature
shall constitute the Engineer's authorized representation to the Owner
that the services indicated in the invoice have reached the level stated,
have been properly and timely performed as required herein, that the
expenses included in the invoice have been reasonably incurred in
accordance with this Contract, that all obligations of the Engineer
covered by prior invoices have been paid in full, and that the amount
requested is currently due and owing, there being no reason known to
the Engineer that payment of any portion thereof should be withheld.
ii. Submission of the Engineer's invoice for final payment shall further
constitute the Engineer's representation to the Owner that, upon
receipt by the Engineer of the amount invoiced, all obligations of the
Engineer to others, including its consultants, incurred in connection
with the Project, will be paid in full.
iii. Engineer shall submit detailed time sheets for time and material
contracts.
iv. A written summary of project completion for invoice submitted will be
included on all lump sum contracts.
C. All submittals for payment of per diem and travel expenses by the Engineer
shall comply with the provisions of 112.061, Florida Statutes. Per diem and
travel expenses shall not be paid Engineer under this contract unless the
Village has first approved in writing Engineer's request for per diem and travel
expenses.
7. PROJECT RECORDS
7.1 All records reasonably related to the Professional Services, or any designated
portion thereof, which are in the possession of the Engineer or the Engineer's
consultants, shall be made available to the Owner for inspection and copying,
upon written request by the Owner. Additionally, said records shall be made
available, upon request by the Owner, to any state, federal or other regulatory
authorities and any such authority may review, inspect and copy such records.
Said records include, but are not limited to, all plans, specifications, submittals,
• correspondence, minutes, memoranda, tape recordings, videos, or other writing
or things which document the Project, its design, and its construction. Said
records expressly include those documents reflecting the time expended by the
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 4
Engineer and its personnel in performing the obligations of this Contract and the
records of expenses incurred by the Engineer in its performance under this
• Contract.
7.2 The Engineer shall maintain and protect these- records for no less than seven (7)
years after final completion of the Project, or for any longer period of time as may
be required by applicable or good Engineering practice.
8. DUTIES, OBLIGATIONS & RESPONSIBILITIES OF THE OWNER
8.1 The Owner shall have and perform the following duties, obligations and
responsibilities to the Engineer:
A. The Owner shall afford the Engineer access to the Project site as may be
reasonably necessary for the Engineer to properly perform its services under
this Contract, including providing Engineer with access to private property as
may be necessary for the Engineer to perform under this Contract.
B. Except for documents requiring the Owner's decision as set forth in Sub
paragraph 8.1 B above, the Owner's review of any documents prepared by the
Engineer or its consultants shall be solely for the purpose of determining
whether such documents are generally consistent with the Owner's purpose,
concept, requirements and design, as, and if, modified. No review of such
documents shall relieve the Engineer of its responsibility for the accuracy,
adequacy, fitness suitability or coordination of its work product.
9. OWNERSHIP OF THE CONCEPTUAL/SCHEMATIC, DESIGN DEVELOPMENT
AND CONSTRUCTION DOCUMENT(S) DESIGNS FOR THE PROJECT
9.1 The design plans and permits shall- become and be the sole property of the
Owner. The Engineer may maintain copies thereof for its records and for its
future professional endeavors.
9.2 The work product of the Engineer under this Contract is not intended by the
Engineer for use on other projects by the Owner or others. Any reuse or partial
reuse by the Owner or by third parties of the Work Product of the Engineer
without written approval of the Engineer, shall be at sole risk of the Owner and
the Owner shall indemnify and save harmless the Engineer from any and all
liability, costs, claims, damages, losses and expenses including attorney's fees
arising out of, or resulting from, such reuse or partial reuse.
9.3 Any material, products or patent paid for by Owner under this Contract shall be
the property of the Owner, and shall not be used by the Engineer for profit
without the written consent of the Owner.
•
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 5
10. SUCCESSORS AND ASSIGNS
Neither the Engineer nor the Owner shall assign their rights hereunder, except as
set forth herein. The Engineer's right to payment may be assigned without the
consent of the Owner. The Owner may assign its duties hereunder to another
governmental agency without the consent of the Engineer. The Engineer shall
not delegate any of its duties hereunder without the written consent of the Owner.
Subject to the above provisions, each party hereto binds itself, its successors,
assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
11. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise,
with, or any rights in favor of, any third party.
12. TERM OF CONTRACT
The term of the contract shall be for a three (3) year period from the date of
execution. At the Village's sole discretion extensions of the contract may be
given in one (1) year increments.
The Engineer shall have the right to present a modification of the hourly rate
schedule to the Owner during preparation of the Owner's annual budget. The
Owner has the right to approve or reject said request.
13. TERMINATION
A. Engineer's Termination for Default: The Engineer may, on thirty (30) days
written notice to the Owner, terminate this Contract before the termination
date should the Owner fail to substantially perform its obligations hereunder
and fail to cure such default, if curable, within fifteen (15) days after receiving
written notice of such default. On such termination, the Engineer may recover
from the Owner payment for all work completed up to and including the date
of early termination.
B. Owner's Termination for Default: The Owner may, on thirty (30) days written
notice to the Engineer, terminate this Contract before the termination date
without prejudice to any other remedy- the Owner may have, when the
Engineer fails to substantially perform its obligations hereunder and fails to
cure such default, if curable, within fifteen (15) days after receiving notice of
such default. On such termination, the Owner may take possession of all
materials, products, documents and records necessary to complete the work
in whatever way it deems expedient. If the expense of finishing the work
exceeds the unpaid balance due under this Contract to the Engineer at the
• time of termination, the Engineer shall be responsible to the Owner for the
difference.
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 6
C. Owner's Termination without Default: The Owner may, on thirty (30) days
written notice to the Engineer, without cause and without prejudice to any
• other right or remedy, elect to abandon the project or otherwise terminate this
contract. In such case, the Engineer shall be paid for all work executed and
reimbursable expenses incurred up to the date of termination.
14. PUBLIC ENTITY CRIMES AFFIDAVIT
This Contract shall not be in effect unless and until Engineer has presented to
Owner a fully completed, executed and notarized sworn statement in the form
attached hereto as Attachment "B", which form is required by 287.133, Florida
Statutes, on all contracts for goods, services or construction in excess of ten
thousand dollars ($10,000.00). The Engineer is specifically notified of the
provisions of 287.133(2)(a), Florida Statutes, that proscribe any bidding by a
person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime.
15. NOTICE
Whenever either party desires to give notice to the other party as required in this
contract, it must be given by written notice sent hand delivery or by Certified
United States Mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified, and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving of notice, to wit:
For Owner: Village of North Palm Beach
Attn: Village Manager
501 North U.S. Highway 1
North Palm Beach, FL 33408-4906
For Engineer: Keith B. Jackson, P.E., Vice President
SFRN, Inc.
1201 Belvedere Road
West Palm Beach, FL 33405
16. GENERAL CONTRACT PROVISIONS
16.1 Words of gender used herein shall be held and construed to include any other
gender, and words in the singular number shall be held to include the plural,
unless the context otherwise requires.
16.2 Each party agrees to furnish to the other, promptly upon demand, a corporate or
board resolution, proof of due authorization by partners, or other appropriate
• documentation evidencing the due authorization of the signatories hereto to enter
into and bind each party, respectively, to this Contract.
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 7
16.3 The captions inserted in this Contract are for convenience only and in no way
define, limit or otherwise describe the scope of intent of this Contract, or any
• provision hereof, or in any way affect the interpretation of this Contract.
16.4 This Contract may not be altered, changed or amended except by an instrument
in writing signed by both parties hereto.
16.5 If any clause, provision, or portion of this Contract or the application thereof to
any person or circumstance shall be invalid or unenforceable under applicable
law, such event shall not affect, impair or render invalid or unenforceable the
remainder of this Contract nor any other clause, phrase, provision or portion
hereof to other persons or circumstances, and it is also the intention of the
parties to this Contract that in lieu of each such clause, phrase provision or
portion of this Contract that it is invalid or unenforceable, there be added as a
part of this Contract a clause, phrase, provision or portion as similar in terms in
such invalid or unenforceable clause, phrase, provision or portion as may be
possible and be valid and enforceable.
16.6 All references in this Contract to "the date hereof°, the Effective Date or similar
references shall be deemed or refer to the last date in point in time, on which all
parties hereto have executed this Contract.
16.7 This Contract shall be governed by and construed under the laws of the State of
Florida and sole and exclusive venue for any litigation shall lie in the Circuit Court
in and for Palm Beach County, Florida.
16.8 The parties hereto agree that as between Owner and Engineer, the prevailing
party in any court proceeding for the enforcement, defense or interpretation of
either party's rights under this Contract, whether it be at trial, on appeal or in
bankruptcy proceedings, shall be entitled to recover from the non-prevailing party
its reasonable attorney's fees and costs in any such proceedings.
16.9 In the event either the Owner or Engineer is delayed in the performance of any of
its obligations hereunder as a result of strikes, lockouts, wars, unavailability of
materials, floods, unusual weather conditions, government regulations and acts,
or other causes beyond that party's control, then the time for the performance of
any such obligation so delayed shall be extended for the period of such delay.
16.10 This Contract constitutes the entire and exclusive agreement between the parties
with reference to the Project and supersedes any and all prior communications,
discussions, negotiations, understandings, or agreements.
16.11 The Professional Engineer warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
professional engineer, to solicit or secure this agreement and that it has not paid
. or agreed to pay any person, company, corporation, individual, or firm other than
a bona fide employee working solely for the professional engineer, any fee,
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 8
commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this agreement.
• 17. DISPUTE RESOLUTION
If and to the extent that Owner and Engineer have a dispute under this Contract
as to any matter, they agree to submit such dispute to the jurisdiction of the State
Court of appropriate jurisdiction in Palm Beach County, Florida. The existence of
any dispute between the Owner and Engineer shall not allow the Engineer to
cease, delay, or postpone the performance of its duties hereunder and the
Engineer specifically agrees to continue performance of its duties and obligations
hereunder while any Court proceeding is under way.
18. TIME OF ESSENCE
Time is of the essence in this Contract.
19. CONFLICTS
In the event of any conflict or inconsistencies in the language or terms of this
contract and those of the Attachments hereto, the provisions of this contract shall
prevail.
•
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 9
IN WITNESS WHEREOF, the Village Council of North Palm Beach and a
• Corporate Officer of SFRN, Inc.. have set their hands and seals hereto in lawful
execution of this Contract and for the purposes hereof, the last date of execution shall
be considered the date hereof.
OWNER: VILLAGE OF NORTH PALM BEACH
Date: 021~/~ ~G
VILLAGE OF NORTH PALM B CH, FL
Name: ~O/V.4<d ~. ii/D~'
(Printed/Typed)
T ST: Title: ~1q ~/p,~
i lage Clerk (Corporate Seal)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY.
Village Attorney
ENGINEER: SFRN, INC.
Date: 5 ~~ ~'
~~~q
•
SFRN, I
BY:
Name: Keith B. Jackson. P.E.
(Printed/Typed)
Title: Vice President
(Corporate Seal)
VILLAGE OF NORTH PALM BEACH
CONTRACT 04-23-04
SFRN #03045.01 -PAGE 10
~~~~~ ~ ~ 6677
~~
~J
The Village of North Palm Beach
RFQ - No. 7787072
Professional Engineering Consultant Services
•
To include any one or more of the following disciplines:
Civil Engineering including site and drainage design
Surveying Services
Structural Bridge Design
Environmental & Coastal Engineering
Land Development Review
GIS
Related Services as directed
Submit the following no later than 11:00 am, Tuesday, January 13, 2004
To the office of
Village Manager
501 US. #1
North Palm Beach, FL 33408
All questions should be directed to: '~NWIH
Kristine A. Frazell, P.E.
7rlda
:; _
N IHHIL ~~ ~ •~. .
IMPROVEMENT DISTRICT '
.P.llO: The. Palm Beach Post "
Public Services Director ,
rue: December 5, 2003 .
rida : <, . .
(561) 691-3440 ; , No; »e7o7z :•~ .~.
The Village of North Palm
tiger .Beach, Florida invites quali=
king fled Engineering Firms f
•rete .and/or Individuals to submit
dEP qualifications for a continua
ive (5) Packages are required and must include the following: .
rtent. ~ ing contract fo provide Pro=
'that fessional Engineering Con-.
ter- sultant Servioes
=~T
h
.
.
e
taxi- seleclion'processWill tie fn'
lytd `ac
d
etter of hiterest gor
an.ce withr.the
ect. ~ Consultants' Comppetitive
ring. ' Negotiation Act'.(plorida
t
er- Sfalute 287.055)::= ~ :<:.::
'a8=. The nature of the Sarvide'will
emit include any one or more of
rial the following discipline's::
Statement of Qualifications of Firm 'ion .~, Civa Engineering mcmding:
n=
:
e
;
;..site and drainage design.,
ion .:'~.= Surveying-Services ;
'
Three (3) Letters of Reference from Governmental Agencies ~
ual <'. SlructuralBndge Design'
lily ".Environmental & Coastal'.
pr's ~~; , - En i
i
neer
ng :
3 C Land Develo
7menl R
iew
~
ev
} Relaled.Services as directed
Standard Fonri 254 and 255 ?8, Five_ (5)"qua;lification ptick-
J, -ages are required
and'must .
,
: include the following;_ ;~,:.: ;:
- 1;. Lette~of Interest
: .i'r;~;r
' ,
:
' 2: Statement of,.0iialifica-
G ::lions of Firm or Individual:;' '
3. Titrge (3) Letters-of Rele
ence from Government
T 4. Standard Form 254 & 255
Interested firms or individual
is -shoulosutir;~IL.Q.lialifita
" lions Packages. no later Iha
11:00 AM; Tuesday; Jariu
~. , ary 13; 2004; td, the otfice'o
' the Village Managers 50'
U. S: J/1, North Palm Beactt
r: Florida 33408:?~ All'giies•
lions should tie directed lo:f
'.' K.ristineA.Frazell;F.E...:;
Public Services_Direclo[;
~~ ~ ~ "~'~~ (561) 691-3440~,~ '~' `~'
°UB:,The Palm Beach Posf-
)ecemtier 5; 2003J::;. ;:";:'
ATTACHMENT "B"
• SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No. 7787072 for the Village of
North Palm Beach -Professional Engineering Consultant Services
2. This sworn statement is submitted by SFRN, Inc. whose business address is 1201 Belvedere Road.
(name of entity submitting sworn statemenq
West Palm Beach. FL 33405 and (if applicable) its Federal Employer Identification Number (FEIN) is
59-1959840 (If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
3. My name is Keith B. Jackson and my relationship to the entity named above is Vice President.
(please pool name of individual signing)
4. I understand that a "public entity crime: as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including but not limited to, any bid or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United states and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "Affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United states with the legal
power to enter into a binding 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.
PUBLIC ENTITY FORM PAGE 1
•
X Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active~in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
_ The entity submitting this sworn statement, or one of more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management
of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
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]
_ 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 placed on the convicted vendor list. [Please
describe any action taken by or pending with the Departme~ General Services].
ATTACHMENT "B"
8. 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.]
5(5lo~ ~
(Date)
r~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ,~1~ day of , 2004,
by Keith B. Jackson, who is personally known to me or
as id nti Ication and who did take an oath.
,~ ~~/ ~ C_
~~:~.'ay~ I THEA H. WORTHINGSTUN Notary Public
~: r MY COMMISSIQN # DD 215037
~••~'a= EXPIRES: July 31 2001
"~~R°,:~~~ BondetlThruNOtaryPublicUrWerwrNers
Thea H. Worthingstun
Typed or Printed Name of Notary Public
PUBLIC ENTITY FORM
My Commission Expires: July 31, 2007
PAGE 2
ATTACHMENT "C" K. Daniel Shalloway, P.E.
~. =% ~ Gary M. Raymen, P.S.M.
Warren H. Newell
~~~. Brian 1. LaMotte, P.E.
Keith B. Jackson, P.E.
Engineers Surveyors GIS Mappers Lisa A. Tropepe, P.E.
.~,~~..
Shalloway Engineering SFRN, INC.
2004 RATE SCHEDULE
~J
Regular Discounted
Rate Rate
PRESIDENT $224.00 $160.00
SR. CORPORATE OFFICER $210.00 $150.00
CORPORATE OFFICER $203.00 $145.00
EXPERT WITNESS $224.00 $160.00
SR. PROJECT MANAGER $175.00 $125.00
PROJECT MANAGER $161.00 $115.00
SR. ENGINEER $154.00 $110.00
PROJECT ENGINEER $133.00 $95.00
SR .PROJECT LAND SURVEYOR $154.00 $110.00
PROJECT LAND SURVEYOR $133.00 $95.00
SR. FIELD REPRESENTATIVE $126.00 $90.00
FIELD REPRESENTATIVE $105.00 $75.00
SR. AUTOCAD/GIS TECH $126.00 $90.00
AUTOCAD/GIS TECH $112.00 $80.00
SR. TECHNICIAN $98.00 $70.00
TECHNICIAN $91.00 $65.00
3 PERSON SURVEY CREW $168.00 $120.00
2 PERSON SURVEY CREW $154.00 $110.00
GPS CREW $225.00 $185.00
SR. ADMIN. ASSISTANT $60.00 $55.00
ADMINISTRATIVE ASSISTANT $55.00 $50.00
CLERICAL $50.00 $45.00
COURIER $50.00 $40.00
Reimbursable Expenses
8 1/2 x 11 BM/ Copies $0.25
8 1/2 x 11 Color Copies $0.50
In- House Blackline Prints 24 X 36 $2.00
Mylars $8.00
Mileage $0.375
Fax $0.25
Scanned Prints 24 X 36 $1.00
Postage Cost
An Administrative Fee of 5% will be added to all Sub-consultants' invoices
processed through SFRN.
1201 Belvedere Road, West Palm Beach, f[ 33405 TEL: (561) 655-1151 FAX: (561) 832.939004 FEE SCHEDULE
E-Mail: info@sfrninc.cont Official Wehsite: www.sfrninc.com Disc.z
ATTACHMEiVT "®"
~~ «~,., . z ~ ~ 4b ACORD 1 A
-- . .
PRDDVCER
CORDZA-WISE DIVISION
-01, S:' FIrAGLER DR. #600
` aidS~' -PALM ~E~,CH FL, 33401-5914
i-i'N (561) 655-5500
~AX (561) 655-5509
INSURcD '
~F~I, zr;c n ~ A
>IiALLO'vdAY ENGII~FEERING
.201 BFILVEDF,I2E ROAD
LEST P~,LM EEACiI, FL 33405
,.
_.:
!. NER~fIF~1E~MAY E I~SUEgNpR l~1AY P~FTnEry1AET~~pj~YTERM OF-0 ~N
~CW91pNS AND C~fdDR{ON$ OF SUCH POIICI S. UMR~S SHOWNF
O
TR TYPE OF IA(SURANCE PiDLICY NUMBEq
GENERAL LIAHILITI' l O ~ 3 215175 OVAL
OM MERCIAL DENERAI LIABILITY
LAIMSMADE~OCCUR.
OW NER'6 6. CONTRACTOp'6 PROT
AUTOMOBILE LIABILITY
ANV AUTO
ALL OWNED AVTOS
' 6CHEDULEOAUT06
HIgEO AUTOS
NON-OWNED AUTOS
GARAGE l1ABIL ITV
BZ075816916\TR
EXCESS UA®ILIIY
UMBRELLA FORM
OTHER THAN UMBRELLA FI
WOEitteR'9 COMPENeATION
AND
EMPLOT'ERPI LIAB ILITT
~MEO'ONTENTS
PROF LIAE
AGGREGATE
1043219176\VAI,
10432191.76\VAL
A.I:.F,004312292\CI
D2SCRIPTION 060P@RAT10N6JLDCpT10NSfvEHICLESr8FEC1AL ITFMS
SAX-832-9390
;L;i~IF~ ~ 4f±}~A 5::~;R'~dl:Al~P~ :::~ ~ := `; ::;`<s~,:,i;~t"':: %:' .~ -.
• VSI,LAGIE OT:' N®RTId
I :Dc~I_:+-~ ~ r-A O~
545 PROSPERI'T'Y F~4S 13D
A7'Q pHT~roI gEnC~,' FL 33408
r-:.
q,®~W-~.•}~~+~~ I~~.S`~'`~,~.Y' 163UE DATE:(MM/pplvY).
85115 CE61Ti~ICATE IS 15~U~® AS A Mr~TT~~ OF•ICdEO~W9AT10@d O@dd.Y A~1®
f~E~FEt95 X70 RIGHT'S USN T51~ CEFaTIF1CA7~ kGI,~E~. T191~ C~RTIF1CdlYt`
EONS CLOT!"s~EF6D, EDiTECJ~ OR dLTE<~ T59E CO~RA('nE AFF®F8®ED ICY TFI@ i
CO~~~~a~~ p+~~G~3®lPdG C®i4~~e~~E
COMPANY ~ tjAj,j,E~- FORGE IP~S, CO (CI~7A)
LETTER L. ~~t,Y
COMPANY ® C~A (V , O , $CF'~I1d 1~Es~FiR)
LETTER
COMPANY C CITIZErTS PROPERTY INS CO
LETTER
COMPANY ®C;ONTINENTAI, CAS CO (CND-1)
LETTER
COMPANY
LETTER
:.ti :;;;
,':
~OY HAVE BEEN REDUo EDD ~ D GDtAHMR NE 3 SU® ECT TO ALL TOl-IE T~R 9~ 8 11
POLICY EFFECTIVE POLICY EI~IRAT10 '
DATE (61M/DDfYY) DATE (MMfODfvY) LIN11T9
~O 2/13/03 12/13/O4 OENERALAOl3REOATE S 2 OOO OO
PROD VCTS-COMPIOP A00. S 2 OOO OO
PER60NAL6ADV,INJURY 9 1 OOO OO
EACH OCCURRENCE S ]_ OOO OO
FIRE DAMAGE (Any ano fire) t 1 O O O O O
MED.E%P. (Any one person} S 1 O O
4I!;S12/13/O3 2/13/04 COMBINEOSINOLE
LIMIT s 1 OOO OO
BODILY INJURY
(Pef gerSOn) 9
' 80DILY INJURY
(Peraeoltlent) 9
PRDPERTTDAMAOE
S'
'OP 12/13/03 12/13/04 EACH OCCURRENCE c 1 OOO 0
AOOPEOATE S
r, ^?
:: ii' ~ - i!::
STATUTORY LIMITS ";i;~'y'~.i9::i:=~.~"•~`;f.~
EACH ACCIDENT S
OI6EASE.POLICYLIMIT ! •
D 19EASE-EACH EMPLOYEE b
~O 12/13/03 12/13/04 PER SCI-TEDULE
05/29/03 05/29/04 $1000000 PER CLAIM
cr~zr~s MAn~
11 250
_,:
'' TURD:
C
S1iOVL[y ANY OF THE ABOVlr DESCRIBED POLICIES ®E CANCELI~D taESO4aE THE
EXPIRATION DATE TkIEREOF. THE ISSUING COMPANY WILL ENDEAVOR To
MAZE ~ DAYS VVRf1°PEN NOTICE TO THE CERTIFICATE HOtO€R NAKAEPI Ttf't4;K
LEFT, BUT fAIWE~E TO AVAIL SUCH NOTICE BHALL IMP06E NOO®LK3ATI9N AE3
LIABILfIY OF ANY KIND UPON T'HE COMPAPdY. (TS AGF~9T9 Ofa REPRESENTATNES.
AUTM0r;9 eD~~~-~izt:.@MTATIVE
- ,.... ..
:•, -
. .. 1
:.~; 0
.. P.
.. L
- A
T
,. 0
., T