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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-146Temp. Reso. #9380 Page 1 May 4, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- �A b A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AGREEMENTS WITH THE FOLLOWING THREE (3) CONSULTING FIRMS TO PROVIDE LANDSCAPE ARCHITECTURAL CONTINUING SERVICES FOR A PERIOD OF FIVE YEARS ON AN "AS NEEDED" BASIS BEGINNING WITH THE STREET RESURFACING AND MEDIAN BEAUTIFICATION PROGRAM: (1) GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC.; (2) MILLER LEGG & ASSOCIATES, INC., AND (3) RMPK GROUP, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac publicly advertised Request for Letters of Interest No. 01-04L for Landscape Architectural Continuing Services to be utilized for a period of five years on an "as needed" basis beginning with the Street Resurfacing and Median Beautification Program, a copy of which is attached hereto as "Attachment A"; and WHEREAS, on January 5, 2001, the submittals from the following five (5) firms were received: 1. Bermello-Ajamil & Partners, Inc. 2. Post Buckley, Schuh & Jernigan, Inc. 3. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc Temp. Reso. #9380 Page 2 May 4, 2001 4. Miller Legg & Associates, Inc. 5. RMPK Group; and WHEREAS, a committee consisting of Assistant Public Works Director, Planning & Zoning Manager, Public Works Project Manager, Public Works Landscape Supervisor, and Public Works Superintendent reviewed and evaluated the five (5) submittals and recommend the appropriate City Officials be authorized to execute agreements for Landscape Architectural Continuing Services to be utilized for a period of five years on an "as needed" basis beginning with the Street Resurfacing and Median Beautification Program with the following three (3) firms: 1. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 2. Miller Legg & Associates, Inc. 3. RMPK Group; and WHEREAS, the Public Works Director and Purchasing and Contracts Manager recommend the appropriate City Officials be authorized to execute the three agreements for Landscape Architectural Continuing Services; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute and enter into agreements with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Miller Legg & Associates, Inc. and RMPK Group. 1 1 Temp. Reso. #9380 Page 3 May 4, 2001 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute agreements with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Miller Legg & Associates, Inc. and RMPK Group (copies of which are attached hereto as "Attachments B --- 1, 2, & 3"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining potions or applications of this Resolution. 1 Temp. Reso. #9380 Page 4 May 4, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this (3 day of �IlcxA— , 2001. FATTEST: JOE SCHREIBER MAYOR MARION WENSON, CMC RECORD OF COMMISSION VOTE. - CITY CLERK MAYOR SCHRIEBER v DIST 1: COMM. PORTNER HEREBY CERTIFY that I have DIST 2: COMM. MISHKIN approved t ?RD17NCE as DIST 3: VIM SULTANOFto form. / I DIST 4: COMM. ROBERTS MI ELL S. KRX ITY ATTOR6ttY 1 ATTACHMENT "A" Temp Reso #9380 City of Tamarac Finance Department, Purchasing Division 7525 N,W, 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www,tamarac.org DATE: November 22, 2000 LOI NO. 01-04L REQUEST FOR LETTERS OF INTEREST ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Letters of Interest (L.O.I.) together with the Qualifications Statement and Proposal Form included herein and any other information relative to the experience, expertise, or proficiency of the Proposer, at the office of the Purchasing and Contracts Manager, City Hall, 7525 NW 88 Avenue, Tamarac, Florida 33321, (954) 724-2450, for furnishing the services described below: CONTINUING SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES The City of Tamarac seeks to identify firms with qualified landscape architects to provide a variety of landscape architectural related services in connection with the City's Street Resurfacing/Median Beautification program and other various beautification projects. L.O.I.'s must be received and time stamped by the Purchasing Division, either by mail or hand delivery, no later than 4:00 p.m. local time on January 05, 2001. Late submittals, additions or changes will not be accepted. A Pre -Proposal Conference will be held on Wednesday, December 13, 2000 at 10:00 A.M. in the City of Tamarac, Public Works Facility, 6011 Nob Hill Road, Tamarac, FL 33321. It will be in the best interest of the Proposer to attend this meeting. CITY reserves the right to reject any or all L.O.I.'s, to waive any .or all L.O.I.'s received, to re -advertise for L.O.I.'s, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the CITY. 4YA-elff-lud CP O Purchasing & Contracts Manager Publish: Sunday, November 26, 2000 and Sunday, December 3, 2000 Equal Opportunity employer I. PRE -PROPOSAL CONFERENCE A Pre -Proposal Conference and Orientation will be held on Wednesday, December 13, 2000 at 10:00 A.M. Public Works Facility, 6011 Nab Hill Road. The purpose of the Pre -Proposal Conference is to discuss the contents of this Request for Letters of Interest. II. STATEMENT OF THE WORK Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act) and Tamarac City Code, Section 6-151(2), Professional Services, the City of Tamarac seeks to identify firms with qualified landscape architects to provide a variety of landscape architectural related services in connection with the City's Street Resurfacing/Median Beautification program. The scope of services may include, but is not limited to, any of the following that are applicable. 1. Development and preparation of feasibility studies, grant applications, and related landscape plans and studies. 2. Provide a complete set of signed and sealed landscape architectural/engineering drawings including production of overall site plans, grading and drainage plans, irrigation plans, planting plans, construction documents and all required details including all applicable narrative/analysis & calculations. 3. Review and verify site locations and identify potential conflicts that could interfere with construction. 4. Preparation of any and all required written specifications required for construction of said improvements, to include a comprehensive cost estimate and estimated schedule of project completion time. 5. An identification and presentation of code requirements. Report any specific problems encountered in conforming to these specific codes, as well as solutions. 6. Attendance at pre -bid and pre -construction conferences, and availability to answer questions of prospective bidders pertaining to the specifications, including preparation of associated specification revisions. 7. Bid submittal evaluation and recommendation of lowest and best -qualified contractor. 8. Provision of project management once bid has been awarded to vendor including but not limited to: A. Review of shop drawings and technical data submitted by contractors for compliance with contract documents. B. Conduct routine inspections of job site during construction to ensure compliance with contract documents, and diligent completion of project. C. Review and written approval/disapproval to all requests for information. D. Review and written approval/disapproval of contractor requests for payment. E. Review and written approval/disapproval of change orders. F. Maintaining an open line of communication between contractor and appropriate City staff to provide as minimal disturbance to City functions as possible. G. Performance of final acceptance inspection to ensure compliance with contract documents. III. QUALIFICATIONS OF PROPOSERS The consultant shall have each of the following qualifications: • The consultant must have on staff a landscape architect with knowledge of all applicable State and County standards and requirements needed to develop design plans, specifications, cost estimates, site inspections and inspection of plant material. • The Landscape Architect must be a registered in the State of Florida. • The firm must possess at least.five years demonstrated experience in landscape architectural design & project management. The consultant must have sufficient qualified staff to complete the work in the time required and in accordance with State statutes and standards. IV. PROPOSAL REQUIREMENTS Proposers should submit five (5) copies and respond to each of the following items as clearly as possible: 1. A brief but complete history of your company. 2. Firm's current Florida Professional Registration License Renewal. 3. Completed SF-254. 4, Completed SF-255. 5. Resumes of key personnel who will actually be assigned to the project and describing their role. Note: Tamarac expects those listed to be those who will actually perform the work. No substitutions will be permitted except in the most dire conditions. 6. A list of at least three (3) similar projects performed during the last five years including the following information: a. Name of the entity for which the work was performed; b. Brief description of the scope of the project; c. Initial construction estimate of the project cost (that is, the estimate prior to the bid); d. Amount of initial contract award; e. Total number of change orders to the contract; f. Total value of change orders for the project; g. Amount of initial design fees associated with the project; h. Change orders to design contract and dollar value; I. Name of contact person with the entity and current telephone number who can knowledgeably discuss your firm's role and performance in the project. 9. Provide financial statements for your company's past three (3) years of operation. 10. Any other information the firm feels is relevant to evaluating the firm's qualifications. V. SUBMISSION REQUIREMENTS Five (5) copies of the submittals shall be mailed or hand delivered to: City of Tamarac Purchasing Division 7525 N.W. 88th Ave. Tamarac, FL 33321 Attn: Lynda Flurry, Purchasing and Contracts Manager The outside of the envelope shall be clearly marked "Landscape Architectural Services". VI. SELECTION/NEGOTIATION PROCESS A Selection/Negotiation Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and negotiating a contract. Each firm should submit documents that provide evidence of capability to provide the services required for the committee's review for short -listing purposes. The short listed firms will be contacted via telephone and a follow-up letter to prepare for a presentation to the committee so that a final firm can be selected. The committee will then attempt to negotiate an agreement, which can be recommended to the Tamarac City Commission for award. VII. CRITERIA FOR SELECTION The City will assemble an evaluation and selection committee comprised of staff. This committee shall evaluate the proposals and recommend the top vendors for detailed presentations. The committee shall evaluate the proposals based on the following weighted criteria: A. Experience 20% B. Project Organization and Technical 20% Qualifications of the Persons Assigned To the Project C. Project Understanding, Proposed Approach 40% And Methodology D. References and Successfully Completed 20% Similar Projects MAXIMUM TECHNICAL POINTS 100% These weighted criteria are provided to assist the Proposers in the allocation of their time and efforts during the submission process. The criterion also guides the Evaluation Committee during the short -listing and final ranking of Proposers by establishing a general framework for those deliberations. Short listed proposals will be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the CITY may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. Additional information may be required of the proposer during the review and selection process to clarify the Proposers presented information. VIII. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Tamarac and the firm selected. The City of Tamarac reserves the right without prejudice to reject any of all proposals. IX. QUESTIONS ABOUT THE LOI Questions regarding the project or the proposal process shall be directed in writing to Lynda Flurry, Purchasing and Contracts Manager, City of Tamarac, 7525 NW 88th Avenue, Tamarac, FL 33321 or by fax (954) 724-2408. FOR ADDITIONAL TECHNICAL INFORMATION REGARDING THE SCOPE OF THIS PROJECT CONTACT: Mark Greenspan, Assistant Public Works Director at (954) 724-2410 CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR LETTERS OF INTEREST MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. X. INSURANCE REQUIREMENTS Consultant agrees that he or she will, in the performance of work and services under this Agreement, comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Consultant, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Consultant shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Consultant shall make this same requirement of any of its subcontractors. Consultant shall indemnify and save the City harmless from any damage resulting to them for failure of either Consultant or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE $1, 000, 000/2, 000, 000 Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The Consultant 's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Consultant shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. GOVERNING LAW: INTERESTED CONSULTANTS WILL AGREE THAT CONTRACTS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE BROWARD COUNTY. Each firm is required to complete and submit the following forms entitled, "Sworn Statement under Sec. 287.133(2)(a), F.S., on Public Entity Crimes", "Offeror's Qualification Statement", "Non -Collusive Affidavit" and "Drug Free Workplace Certification". Attachments: 1. Public Entity Crimes Form (See Statement Below) 2. Offeror's Qualification Statement 3. Non -Collusive Affidavit 4. Vendor Drug -Free Workplace PUBLIC ENTITY CRIMES FORM: A person or affiliate as defined in 287.133, Florida Statutes, who has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to the City of Tamarac, may not submit a bid on a contract with the City of Tamarac for the construction or repair of any public building or public Work, may not submit bids on leases of real property with the City of Tamarac, may not be awarded to perform Work as a contractor, Supplier, sub -contractor, or consultant under a contract with the City of Tamarac, and may not transact business with the City of Tamarac in an amount set forth in 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. In compliance with Florida State Statute Section 287.133(3)(a), Public Entity Crimes, the form incorporated into this bid package must be returned signed and notarized. OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac (purchasing and Contracts Manager) ADDRESS: 7525 NW 881h Avenue Tamarac, Florida 33321 CIRCLE ONE SUBMITTED BY: Corporation NAME: Partnership ADDRESS: Individual PRINCIPAL OFFICE: Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: K The address of the principal place of business is: If Offeror is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: 1 3. If Offeror is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a. Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Do you have a complete set of documents, including addenda? (Y) (N) (if any have been furnished) N 9. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). (name) (address) (phone number) (name) (address) (phone number) (name) (address) (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Offeror: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 3 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: 15. State the name of Surety Company which will be providing the bond, and name and address of agent: 16. Bank References: BANK ADDRESS 17. List below and identify the address, telephone number, and capacity (inside and outside storage) of the Principal and any Subsidiary Compounds proposed for the contract. (use additional sheets if necessary) 18. List below the equipment, including type, year, and condition, that you propose for the contract. (use additional sheets if necessary) 4 19. Do you have any interest in an automotive or truck repair, paint and body, salvage, junkyard, or re -cycling business? yes No If Yes, explain details including name, address and relationship to Proposer below: (use additional sheets if necessary) 20. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: b. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE, THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. (Signature) 5 State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages: C.1 Number of Signatures Notarized: NON -COLLUSIVE AFFIDAVIT State of )ss. County of and says that: being first duly sworn, deposes (1) He/she is the (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; (2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure trough any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. 1 Signed, sealed and delivered in the presence of: 0 Witness k1rIT State of Florida County of (Printed Name) (Title) On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: OPTIONAL INFORMATION: Type of Document: Notarized: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Number of Pages: Number of Signatures 2 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No, to the City of Tamarac for 2. This sworn statement is submitted by (name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is and (please print name of individual signing) my relationship to the entity named above is 4. 1 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, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 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, 2089, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 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 owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 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 led 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. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 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 were charged with and convicted of a public entity crime after July 1, 2089. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 2089. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 2089. 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 (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. Date: 2 (Signature) ACKNOWLEDGMENT State of Florida County of On this the day of , 20, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: OPTIONAL INFORMATION Type of Document: Number of Pages: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, Or Type as Commissioned.) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced © DID take an oath, or © DID NOT take an oath. Number of Signatures Notarized: VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if non of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name CITY OF TAMARAC LANDSCAPE ARCHITECTURAL SERVICES FOR STREET RESURFACING/MEDIAN BEAUTIFICATION PROGRAM AND CONTINUING SERVICES This Agreement, made and entered into and effective this 3 _ day of Qdkolul 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 881h Avenue, Tamarac, Florida, hereinafter referred to as "City". and Miller Legg & Associates, Inc. a Florida corporation, with principal offices located at 1800 N. Douglas Road, Suite 200, Pembroke Pines FL 33024, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, City requires professional Landscape Architectural services on a continuing basis to perform such specific services as City may direct; and WHEREAS, Consultant has the professional experience and expert skill and is qualified to perform the required services; and WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below, and Consultant is willing to accept such engagement upon such terms and conditions; and WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day following execution by the City; and WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type services as City Consulting Landscape Architect; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: SCOPE OF WORK City hereby engages Consultant as an independent contractor to perform certain services and Consultant hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standards of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by Consultant to meet the intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Landscape Architectural services related to Agreement Final - MILLER LEGG.doc various miscellaneous projects including but not limited to services as Consulting Landscape Architect with respect to: Street Resurfacing/Median Beautification Program. Each specific task to be performed shall be identified and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, shall be identified by a separate Job Number established by Consultant. The specific services which Consultant agrees to furnish and the terms and conditions for such services are as follows: A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a specific task, attendance by Consultant at any subsequent meetings related to that task shall be considered as part of that task. In addition, Consultant shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time City will desire that Consultant meet with representatives of City and/or other organizations to discuss subjects not directly related to an already assigned task. Such meetings will include but not be limited to meetings at which Consultant's specialized knowledge is needed by City, or a meeting conducted to develop or disseminate criteria that will be needed by City in order to establish a new task, or a meeting at which Consultant is to act as a representative of City. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant shall maintain independent contractor status. In order to minimize administration, attendance by Consultant at all such meetings shall be considered part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and Consultant's Job Number for that task hereby is established as to be assigned tba . However, Consultant shall not attend any particular meetings unless City has issued specific oral instructions that Consultant is to attend. The scope of work for Job Number t(b I is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number Ltba� will identify the specific meetings to which they apply. All fees for services on Job Number tba will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant shall review and comment to City on those developmental plans submitted to City which City determines will require either more Landscape Architectural expertise or more time than available to City's own Landscape Architectural staff. C. OTHER SERVICES. Upon determination by City that it is in need of Landscape Architectural services of one of the types listed below, it may issue a separate written authorization to Consultant to perform said services. The types of service contemplated are: 1. Special Reports and Studies 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. Agreement Final - MILL.F.R LEGG.doc 2 3. Landscape Architectural design, including preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. 4. Surveying property plats and descriptions. 5. Assistance with CADD. 6. Landscape Architectural services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 7. Other Landscape Architectural services City wishes Consultant to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence and correlated with City's Capital Improvement Project Number and title, if applicable, date approved by City Commission, if required, and signed by City's and Consultant's representatives, Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. 8. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and/or signature by authorized representatives to City shall constitute authorization to proceed by the Consultant for services defined by that authorization. II. CITY FURNISHED ITEMS A. City shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instructions to Consultant concerning this Agreement. In the absence of specific designations, Consultant may assume that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to Agreement Final - MILLER LEGG.doc 3 expedite processing of an application for a permit or license, City may, in some instances, direct Consultant to act for City in paying a required fee. In such instances, City subsequently shall reimburse Consultant for any such fees. III. FEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required in Article 1 "Scope of Services" shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary Costs. Salary Costs are defined to be actual direct hourly wages paid to Consultant's employees, computed by taking the annual salary and dividing by 2,080 hours per year plus applicable direct costs. This base hourly rate, limited to the work classifications as listed in Exhibit "A", and attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. Consultant's non -salary costs are defined as the costs incurred on or directly for the project, other than the Direct Salary Costs (as previously defined herein). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by Consultant. Non -salary costs shall include, but are not limited to, necessary transportation costs, including mileage at City's current rate per mile when Consultant's own automobiles are used outside Broward County; meals and lodging outside Broward County; laboratory tests analyses; long distance telephone and printing. B. METHOD OF PAYMENT. Payment as prescribed for services rendered by Consultant during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by City no later than the forty fifth (45th) day after the date of invoice acceptance, unless some other mutually agreeable period of required payment is established in authorization for a specific task. Consultant shall submit monthly invoices to City through the Director of Public Works or designated project manager. The Director or designee will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by City. As a minimum requirement, each invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by Consultant indicating each employee's name, employment classification and hours worked on the project for the invoice period. Acceptance of the final payment by Consultant shall be considered full release of all claims against City arising out of or by reason of the work done and materials furnished under this Agreement. Agreement Final - MILLER LEGG.doc 4 IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from City to Consultant, except for oral authorizations regarding Job Number ttbaZ_,, as previously noted herein. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. B. INSURANCE. Consultant agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such insurance. Agreement Final - MILLER LEGG.doc 5 The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Commercial General Liability $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability Aggregate $1,000,000 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies shall be required. Each carrier will give the City thirty (30) days notice prior to cancellation. The Consultant's commercial general and automobile liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self -insured retention. If the Consultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance Agreement Final - MILLER LEGGdoc 6 with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carried by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. If the policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners' Protective Liability Insurance naming the City as a Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insured's on construction contractor's liability insurance policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work herein, or any part thereof, shall be abandoned due to circumstances which City considers to be in its own best interests, Consultant shall not be entitled to any further payment for such work, or any part thereof, beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of Consultant. E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of City shall be final and may be enforced in a court of competent jurisdiction in the venue of Broward County, except as provided herein. City shall notify Consultant in writing of any decision City has rendered with regard to the interpretation of this Agreement. If Consultant disagrees with the decision of City, the dispute may be decided by arbitration at the City's discretion. F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE. 1, Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. 2. Rights in Data. City shall have the full right to use all data developed pursuant to this Agreement for any official purpose permitted under Florida Statutes, including making it available to the general public. Such use shall Agreement Final - MILLER LEGG.doc 7 services performed die after interruption, postponement or abandonment, which City deems to be in its best interest, provided City provides proper written notice to Consultant of such interruption, postponement or abandonment of the work. In such case, City shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. R. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the normal work week, designate or appoint one or more representatives of Consultant who are authorized to act on behalf of Consultant regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep City continually advised of such designation. S. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent 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 notice to wit: For City: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above For Consultant Michael D. Kroll Miller Legg & Associates, Inc. 1800 N. Douglas Road Suite 200 Pembroke Pines, FL 33024-3200 T. TERMINATION OF AGREEMENT. City or Consultant may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, City shall forthwith pay Consultant in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. Consultant's right of termination shall not be construed to preclude any action by City for damages against Consultant should Consultant not fully perform Consultant's responsibilities and duties pursuant to this Agreement. In no case shall City be liable for damages to Consultant as a result of City's termination of this Agreement, in an amount in excess of actual costs incurred by Consultant in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by City. iN U. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other Landscape Architectural firms as Consulting Architects/Landscape Architects pursuant to the Consultant's "Competitive Negotiation Act of Florida". Nothing in this Agreement alters or cancels the terms and conditions or prior agreements for Landscape Architectural services between these parties or between City and any other Landscape Architectural firms. V. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac, its officers, elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) to the extent caused by Consultant's negligent acts, errors or omissions associated with Consultant's duties and responsibilities pursuant to this Agreement. W. WARRANTIES. Consultant warrants that all specifications, documents, or drawings prepared by Consultant, or on Consultant's behalf, are accurate, capable of being implemented and may be relied upon by any Contractor retained by City. X. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise reasonable skill, care, and diligence in the performance of Consultant's services and will carry out its responsibilities in accordance with customarily accepted professional Landscape Architectural practices. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Landscape Architectural services necessary to correct errors and omissions which are caused by Consultant's failure to comply with this standard and which are reported to Consultant within one year from the completion of services. Y. ATTORNEYS' FEES. Should City successfully bring any manner of legal action against Consultant, or successfully defend against any suit brought by Consultant arising out of or in connection with this agreement, Consultant agrees to pay reasonable attorneys' fees as well as costs incurred by City in bringing or defending such an action. Z. CHANGES AND FORCE MAJEURE. In the event that a change in City provided information, change in law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing a change to the Work and an equitable adjustment in the Contract Price due to any such change, and City shall accept or dispute such proposal in writing within fifteen (15) days of receipt of Consultant's proposal. Agreement Final - MILLER LEGG.doc AA. PROHIBITION AGAINST CONTINGENT FEES. The professional Landscape Architect warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Landscape Architect to solicit or secure this agreement and that he has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the professional Landscape Architect any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. BB. MODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. CC. AUTHORIZING ACTION. This Agreement is entered into by City pursuant to a Resolution of the City Commission passed at a meeting held on , 2001. IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. ATTEST: By: ,. Mari&'Swe son, CIVIC City Clerk CITY OF TAMARAC a Florida Municipal Corporation B Y: _--� ' Joe Schreiber, Mayor Date: (, _ / 3 _a / By- 4 . /;7�iGf�.. Jeffr L. Nfiller, City Manager Date: Agreement Final - MILLER LEGG.dnc 12 ATTEST: (Corporate Secretary _Zk 8. &�Z"2, Type/Print Name of Corporate Secy. ,COMP ORATE SEAL) STATE OF MILLER LEGGS IAT , INC. (Signature of Consultant)- m L xp to& 4 r , I Nc- Kct w p, vwck bt Type/Print Name of Consultant & Title Date: &I I CORPORATE ACKNOWLEDGEMENT COUNTY OF C_Src,L�v <-S, The foregoing instrument was acknowledged before me this 5 " day of r,e , 20 0 by J . l L A (name of officer or agent, title of officer or agent) of .\\ r A oc_. (name of corporation acknowledging), ar (state or place of incorporation) corporation, on behalf of the corporation(He is personally known to me identification and did (did not) take an oath. �4.ti Toni Fandrey .? MY COMMISSIIO,N I! C030820 EXPIRES �f y.•'• ril 23,204 WN0THA/T10YFAINIIN 60SUTANC�WC, (type of identification) as Sign re of Notary Public — Sta of Florida Printed, typed/stamped name of Notary Public Exactly as commissioned ersonall known y m or Produced identification: (Type of identification produced) Did take an oath, or Did not take an oath 13 CORPORATE RESOLUTION C*n MILLER LEGG & ASSOCIATES, INC. BE IT RESOLVED: That Michael D. Kroll, Vice President, is hereby authorized to execute documents for the purpose of contractually binding Miller Legg & Associates, Inc, This resolution shall be included in the Corporate Minute Book of the Company. The foregoing resolution was adopted this day of January, 2001. B R rt H. Miller, President ATT' rDan A. Tintner, Secretary Corporate Seal: V;kNori-Projcct\Administrntion\LErTHRSU CORPRESOL0126. doc LERENGINEERS • SURVEYORS & MAPPERS • PLANNERS • LANDSCAPE ARCHITECTS • GIS • ENVIRONMENTAL PROFESSIONALS Corporate Office: 1800 North Douglas Road • Suite 200 • Pembroke Pines, Fl- 33024-3200 rol�, (954) 436-7000 Fax: (9541 436-8664 • www,millerlegg.com �GG EXHIBIT "A" & ASSOCIATES, INC 2001 HOURLY RATE SCHEDULE "Celebrating 35 Years" TITLE HOURLY RATE Administrative $ 45 Technical Assistant $ 50 CAD Technician $ 60 Field Representative $ 60 Senior Field Representative $ 70 Technician $ 70 GIS Data Processor $ 75 Senior CAD Technician/Landscape Designer $ 75 Environmental Scientist/Risk Management Specialist $ 75 Director of Field Services $ 85 Project Engineer/Surveyor/Landscape Architect/Designer $ 85 Regulatory Coordinator $ 85 Survey Field Party (Portal to Portal) $ 95 Senior Project Engineer/Senior Environmental Scientist $ 95 Project Manager/Licensed Surveyor $100 Senior Project/GIS Manager $125 Engineering/Planning/Surveying Director $140 GPS Field Party (Portal to Portal) $150 Principal $175 Senior Principal $215 NOTE: These rates are subject to change after January 1, 2002 Document5 Offices Located In: Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798-9981 Orlando, FL (407) 926-4122 ENGINEERS • SURVEYORS & MAPPERS • PLANNERS • LANDSCAPE ARCHITECTS • GIs • ENVIRONMENTAL PROFESSIONALS ERCorporate Office: 1800 North Douglas Road • Suite 200 • Pembroke Pines, FL 33024-3200 (954) 436-7000 • Fax: (954) 436-8664 • www.millerlegg.com � EGG & ASSOCIATES, INC "Celebrating 35 Years" MILLER, LEGG S ASSOCIATES, INC. Standard Reimbursable Expense Rates Effective January 1, 2001 In-house Expenses Courier Zone 1 Courier Zone 2 Courier Zone 3 Courier Zone 4 Courier Zone 5 Mileage (per mile) Copies Backline Prints Mylars Postage Vellums Fax Transmissions Outside Expenses Subconsultant Expenses and Other Reimbursables will be at cost with a 15% Administration Markup $10.00 $20.00 $30.00 $40.00 $50.00 $0.39 $0.15 $2.20 $7.00 $0.34 $5.50 $1.00 F:/non-project/Iandscaping/letters/City of Tama rac/flurry403.x1s I:\acct\spreadsht\2001 \citytamaracflurry403.xls Offices Located In: Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798-9981 Orlando, FL (407) 926-4122