HomeMy WebLinkAboutR-94-43 RESOLUTION NO. R-94-43
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A
MASTER PROFESSIONAL SERVICES AGREEMENT WITH GREINER,
INC. FOR THE PURPOSE OF PROVIDING ENGINEERING SERVICES
FOR IMPLEMENTATION OF THE AIRPORT MASTER PLAN~
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR
SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE D~TE.
WHEREAS, the City Council, at its July 13, 1994 Regular
Meeting, authorized the city Manager to begin negotiations with
Greiner, Inc. in accordance with FS 287.055, the "Consultants
Competitive Negotiations Act"; and
WHEREAS, the City Council desires to enter into a Master
Professional Services Agreement with Greiner, Inc. for the
purpose of providing engineering services for implementation of
the Airport Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AGREEMENT. The City Council of the City of
Sebastian, Indian River County, Florida, hereby agrees to enter
into a Master Professional Services Agreement with Greiner, Inc.,
identified as Exhibit "A" to this Resolution, and by this
reference incorporated herein.
SECTION 2. EXECUTION. The Mayor of the City of Sebastian
is hereby authorized to execute, as agent for the city, and the
City Clerk to attest the Master Professional Services Agreement
as agent for the City of Sebastian.
~_~CTION 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
SECTION 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution
Councilmember 0~
by Councilmember ~
vote, the vote was as follows:
was
moved for adoption by
. The motion was seconded
and, upon being put into a
Mayor Arthur L. Firtion
vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
2
The Mayor thereupon declared this Resolution duly passed
and adopted this C~~1~ day of ~~, 1994.
CITY OF SEBASTIAN, FLORIDA
Arthur L. Fir~ion
Mayor
ATT~,T: ·
Kathryn M. O Halloran, CMC/AAE
city Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland,
City Attorney
and between the CITY OF SEBASTIAN, a municipal corporation of the
State of Florida, hereinafter referred to as "city" and GREINER,
INC., a california corporation authorized to do business in the
State of Florida, with offices located in Orlando, Florida,
hereinafter called the "Consultant."
WHEREAS, the City desires to engage a consultant who has
special and unique competence and experience in providing the
planning, programming, engineering and technical management
services for airports; and,
WHEREAS, the Consultant represents that it has such competence
and experience in providing these services; and,
WHEREAS, the City in reliance on such representation has
selected the Consultant in accordance with its procedure for
selection of technical consultants; and,
WHEREAS, the city and the Consultant desire to reduce to
writing their understanding and agreements on such professional
services.
IT IS, THEREFORE, AGREED as follows:
1. A__greement: The Consultant and the City understand and
agree that this Agreement shall cover all of the services of the
Consultant which the Consultant is providing the city of Sebastian
for the Sebastian Municipal Airport. This Agreement is not an
exclusive agreement and the City may employ other consultants,
professional or technical personnel to furnish services for the
city as the City in its sole discretion finds is in the public
interest.
2. EmDlovment of Consultant: The City hereby agrees that it
may engage the Consultant and the Consultant hereby agrees to
perform professional services for the City in accordance with this
Agreement. The Consultant may furnish planning, programming,
engineering and technical management services for this project, as
specifically assigned by the City from time to time as required in
connectio~ with the planning and development of the Sebastian
Municipal Airport. The services that the Consultant may furnish to
the City shall include, but not be limited to, the following:
(1) Planning
(2) Programming
(3) Engineering and/or Architectural Design
(4) Construction Field Engineering, including resident
inspection
(5) Technical Management Services
(6) Special Services relating to Maintenance,
Financial, Bonding, Airspace, Environmental or Lane
Use Studies, Land Acquisition, Regional Impact
Studies (DRI), Permitting and related studies.
(7) Additional Services including, but not necessarily
limited to, Engineering Surveys, Property Surveys,
Materials Testing and Sub-surface Soil
Investigations.
(8) Any other services as directed by the City.
Each individual assignment shall be the subject of a separate
agreement, written in the City's standard format for the type of
services involved, supplemental to this Agreement, and shall be
2
designated "supplemental Agreement No. __", the "number" being in
accordance with the sequence in which the assignments are made.
The breach of any material condition of any Supplemental
Agreement by the Consultant shall be considered a breach of a
material condition of this Agreement, and shall constitute grounds
for the termination by the City of this Agreement and all
Supplemental Agreements in effect at the time of the breach.
The assignments may include, but not necessarily be limited
to, the following:
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(20)
(21)
(22)
Relocate existing tenant and FBO
Rehabilitate Runway 4-22
Rehabilitate Runway 9-27
Construct new airfield beacon and tower
Construct new airfield wind cone and segmented
circle
Construct new airfield electrical vault
Reconstruct and modify Airport Drive East
Construct new Airport Drive West
Clear runway protection zones
Relocate power lines
Golf course modifications
Construct Taxiways "A" & "E"
Construct Taxilane "G"
Construct T-Hangar Taxilanes
Construct Taxiway "B"
Construct Taxiway "C"
Construct Taxiway "D"
Construct Taxilane "D"
Construct Taxilane "F" and Taxiway "F"
Construct new Airport Manager's office
Construct Taxilane "E"
Other professional services as directed by the City
3. Project Schedules: The Consultant shall perform the
services outlined under Paragraph 2 of this Agreement and as
specifically established in subsequent Supplemental Agreements in
a timely manner consistent with the assignment schedules as
mutually agreed upon by the City and the Consultant commencing upon
written authorization by the City to proceed with the assignment
and terminating upon completion of the Project.
4. Joint coo~Dration: The closest collaboration and
cooperation shall be maintained by the Consultant with
representatives of the City and the City will be entitled at all
times to be advised, at its request, of the status of work done by
the Consultant and of the details thereof. The city shall furnish
to the Consultant all pertinent existing information deemed
necessary lby the Consultant to be relevant to the execution of ~he
Project. The City will have the right to inspect the work of the
Consultant at any time. Either party to this Agreement may request
and be granted a conference.
5. Claims: Claims arising from changes or revisions made by
the Consultant at the City's request shall be presented to the City
before work starts on the changes or revisions. If the Consultant
deems that extra compensation is due for work not covered herein,
or in a Supplemental Agreement, the Consultant shall notify the
City in writing of its intention to make claim for extra
compensation before work begins on which the claim is based. If
such notification is not given and the city is not afforded by the
Consultant a method acceptable to the City for keeping strict
account of actual costs, then the Consultant hereby waives its
request for such extra compensation. The City is not obligated to
pay the Consultant if the City is not notified as described above.
The Consultant may refuse to perform additional work requested by
the City until an appropriate agreement is executed by the parties.
Such notice by the Consultant and the fact that the City has kept
account of the costs as aforesaid shall not in any way be construed
as proving the validity of the claim.
6. Termination: The provisions of this Agreement or any
Supplemental Agreement may be terminated by the city or the
Consultant with or without cause. If terminated without cause by
either party, at least thirty (30) days written notice of such
termination shall be given.
(1) In the event the City without cause abandons,
terminates or suspends this Agreement or a Supplemental Agreement or
Agreements, the Consultant shall be compensated for services
rendered up to the time of such termination on a quantum meruit
basis and documents generated by the Consultant shall remain the
property of the City as outlined in Paragraph 12.
(2) In the event the Consultant terminates this
Agreement without cause, all tracings, plans, specifications, maps,
computer programs and data prepared by the Consultant under this
Agreement shall be considered property of the city. The city may
enter into an agreement with others for the completion of the work
under this Agreement.
7. CQmpensation: The city will pay the Consultant in
accordance with the applicable Supplemental Agreement covering the
specific assignment involved. For the purposes of this Agreement,
average hourly rates, as shown in Attachment III, shall be used as a
basis for services with appropriate overhead and fixed fee
multipliers added with estimated indirect expenses to determine
5
total fee compensation for each assignment. Each July 1,
appropriate adjustments in salary, overhead and reimbursable rates
will be established for the following year by mutual agreement of
the parties.
8. Pa_~_vments: The Consultant shall submit invoices for
payment in accordance with the Schedule established in each
Supplemental Agreement. The requests for payment shall be in the
form and the manner required by the City. The Consultant and the
city understand and agree that no work shall be compensated for
under this Agreement unless such work is covered by a written
Supplemental Agreement which is executed by the Consultant and the
City and contains a scope of work, time schedule and compensation
schedule.
9. Reimbursement of Costs: The Consultant shall obtain
approval from the City Manager prior to incurring any travel or
lodging expenses on behalf of the City. Travel expenses for the
Consultant, when authorized, shall be paid in accordance with the
City of Sebastian policy and Section 112.061 of the Florida
Statutes.
10. ~: This Agreement shall commence on the day it is
executed by both parties and the term of the Agreement shall extend
for a period of five (5) years from such date. On the expiration
of the term of this Agreement, the City and Consultant shall have
the right to extend this Agreement for an additional five (5) year
term on the mutual written agreement of the parties. If the
6
Agreement is extended, either party has the right to renegotiate
the hourly rates for professional services.
11. Covenant A~ainst Continqent Fees: The Consultant
warrants that they have not employed or retained any company or
person, other than a bona fide employee working solely for the
Consultant to solicit or secure this Agreement and that they have
not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely
for the Consultant any fee, commission, percentage, gift or any
other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this
paragraph, the city shall have the right to terminate the Agreement
without liability and, at its discretion, deduct from the Agreement
price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
12. R_~ht to Work Products: No reports, data, programs or
other material produced in whole or in part under this Agreement
shall be subject to copyright by the Consultant, in the United
States or in any other country. The city or its assigns shall have
the unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, programs or
other material prepared under this Agreement. All tracings, plans,
specifications, maps, computer programs and data prepared or
obtained under this Agreement or any Supplemental Agreement shall
remain the property of the City without restriction or limitation
on their use. A set of reproducible drawings shall be provided for
7
the City's files. However, any use of any plans and specifications
by the City except the use reasonably contemplated by the City at
the time the City entered this Agreement or any Supplemental
Agreement will be at the City's risk.
13. Personnel: The Consultant represents that it will secure
at its own expense all personnel required for services which are
necessary under this Agreement. Ail services under this Agreement
shall be performed by the Consultant and all persons engaged in
work under the Agreement shall be qualified to perform sUch
services and authorized under federal, state and local laws to
perform such services. The City shall have the right of approving
t'he project manager to be employed by the Consultant for the
services to be rendered under this Agreement. This is a personal
service contract and the Consultant shall personally furnish
services under this Agreement. Personnel who perform services
under this Agreement shall not be employees of the City.
14. E..~po.nsibility of the Consultant:
(a) The Consultant shall be responsible for the
professional quality, technical accuracy, timely completion, and
the coordination of all designs, drawings, specifications, reports
and other services furnished by the Consultant under this
Agreement. The Consultant shall, without additional compensation,
correct or revise any errors or deficiencies in his drawings,
specifications, reports and other services.
(b) Approval by the City of drawings, specifications,
reports and incidental work or materials furnished hereunder shall
not in any way relieve the Consultant of responsibility for the
technical adequacy of the work. The City's review, approval or
acceptance of or payment for, any of the services shall not be
construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this
Agreement, and the Consultant shall be and remain liable in
accordance with applicable law for all damages to the City caused
by the Consultant's negligent performance of any of the services
furnished ~nder this Agreement.
(c) The rights and remedies of the City provided for
under this Agreement are in addition to any other rights and
remedies provided by law.
15. Subcontracts and Assiqnabilitv: The Consultant shall not
assign any interest in the work orders or this Agreement and shall
not transfer any interest in the same without the prior written
consent of the City. Any sub-contracts or other work which is
performed by persons or firms other than the Consultant under this
Agreement or any work orders shall have prior written approval of
the City Manager. Any subcontracts or outside associates or
consultants required by the Consultant in connection with services
covered by this Agreement or any work orders must be specifically
approved by the City Manager.
16. Truth-In-Negotiation: In accordance with the provisions
of Chapter 287.055, Florida Statutes, the Consultant agrees to
execute a truth-in-negotiation certificate and agrees the original
contract price and any additions may be adjusted to exclude any
significant sums by which the contract price was increased due to
inaccurate, incomplete or noncurrent wage rates and other factual
unit costs.
17. Interest of Members of City and Othe~: No officers,
members or employees of the City and no members of its governing
body, and no other public official of the governing body of the
locality or localities in which services for the facilities are
situated or carried out, who exercises any functions or
responsibilities in the review or approval of the undertaking~or
carrying out of this project, shall participate in any decision
relating to this Agreement which affects his personal interest, or
have any personal or pecuniary interest, direct or indirect, in
this Agreement or the proceeds thereof.
18. FAA, FDOT and DOT: In this Agreement, reference is made
to the Federal Aviation Administration as FAA; Florida Department
of Transportation as FDOT; and the United States Department of
Transportation as DOT.
19. Certification of Restrictions on Lobbying: The
Consultant agrees that no Federal appropriated funds have been paid
or will be paid by or on behalf of the Consultant to any person for
influencing or attempting to influence any officer or employee of
any Federal agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal
Grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal,
10
amendment or modification of any Federal contract, Grant, loan or
cooperative agreement.
If any funds other than Federal appropriated funds have been
paid by the Consultant to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a member
of Congress, an officer or employee of Congress or an employee of
a member of Congress in connection with any FDOT Joint
Participation Agreement, the undersigned shall complete and submit
Standard .Form-LLL "Disclosure Form to Report Lobbying" 'in
accordance with its instructions.
20. Access to Records: The City, FAA, FDOT and any other
duly authorized representative shall have access to any books,
documents, papers and records of the Consultant which are directly
pertinent to a specific Grant Program or supplemental to this
Agreement for the purpose of making audits, examinations, excerpts
and transcriptions. The Consultant shall maintain all project
records for three (3) years after final payment is made and after
all other pending matters are closed, whichever is later.
21. Title VI Assurances: The Consultant shall comply with
the provisions of Attachment I, which are incorporated by reference
into this Agreement.
22. Insurance: The Consultant agrees to the covenants and
shall provide insurance to the City in accordance with Attachment
II, which is incorporated by reference into this Agreement.
23. Interest of Contractor: The Consultant covenants that he
presently has no interest and shall not acquire any interest,
ll
direct or indirect, which shall conflict in any manner or degree
with the performance of services required to be performed under
this Agreement. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest
shall be employed. The Consultant shall not undertake any
professional work which conflicts with his duties as the City's
Consultant without the prior written consent of the City during the
term of this Agreement or after the termination of this Agreement.
Any work where the Consultant can reasonably anticipate that it may
be called to testify as a witness against the City in any
litigation or administrative proceeding will constitute a conflict
of interest under this Agreement.
24. Commliance With the Law: The Consultant expressly agrees
to comply with all laws and regulations relating to providing
services under this Agreement. The failure of the Consultant to
adhere to any law or regulation pertaining to furnishing services
under this Agreement shall constitute a material breach of this
Agreement.
25. Waiver: The waiver by the City of any of the
Consultant's obligations or duties under this Agreement shall not
constitute a waiver of any other obligation or duty of the
Consultant under this Agreement.
26. Public Entity: The Consultant shall file a sworn
statement with the City which is Attachment IV, stating whether a
person or affiliate as defined in Section 287.133 (1), Florida
Statutes, has been convicted of a public entity crime subsequent to
12
July 1, 1989, in accordance with the provisions of Section 287.133
of the Florida Statutes.
27. Releases: Upon the satisfactory completion of any work
performed under a work order and prior to final payment under such
work order for the work, or prior to settlement upon termination of
this Agreement and as a condition precedent thereto, the Consultant
shall execute and deliver to the City a release of all claims
against the City arising under or by virtue of the work order.
28. .Indemnification: For $100.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the Consultant shall pay, indemnify and save harmless
the City, its agents, quests, invitees and employees, from all
suits, actions, claims, demands, damages, losses, expenses,
including attorney's fees, costs and judgments of every kind and
description to which the City, its agents, quests, invitees or
employees may be subjected to by reason of injury to persons or
death or property damage resulting from or growing out of any
negligent act of commission, omission, or fault of the Consultant,
its agents or employees, committed in connection with this
contract.
29. Dru~rFree Workplace: Greiner, Inc.'s drug-free workplace
policy is to prohibit in the workplace the unlawful possession,
use, dispensation, distribution or manufacture of controlled
substances. For purposes of this policy, "controlled substances"
include inhalants and illegal drugs. Alcoholic beverages are also
prohibited on the company premises unless provided by a company
13
sponsored event. Violation of this policy will result in
disciplinary action up to and including termination of employment.
Depending upon the circumstances, other action, including
notification of appropriate law enforcement agencies, may be taken
against any violator of this policy.
In accordance with the Drug-Free Workplace Act of 1988, as a
condition of employment, staff members must comply with this policy
and notify management within five (5) days of a conviction for any
criminal drug violation occurring in the workplace. Failure to do
so will result in immediate termination of employment. We, in
turn, will, as required by the Act, report such convictions within
ten (10) days of our learning of the conviction to the appropriate
federal agency. Any staff member arrested in connection with a
criminal drug violation occurring in the workplace will be placed
on personal leave of absence without pay and could face termination
of employment pending the outcome of any legal investigation and
conviction.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
ATTEST:
KathrYh M. O'Halloran
CMC/AAE, City Clerk
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
14
CITY:
By:~OF~
Name: Arthur L. Firtion
Title:Mayor
Signed, sealed and delivered
in the presence of:
CONSULTANT:
GREINER, INC.
Name: ~REG T. SMITH, P.E.
Title: VICE PRESIDENT
15
ATTACHMENT I
(Basic Agreement between the CITY OF SEBASTIAN and GREINER, INC. dated
, 19 .)
TITLE VI ASSURANCES
During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
Compliance with Reeulations. The Contractor shall comply with the Regulations
relative to non-discrimination in Federally-assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
contract.
Non-discrimination. The Contractor, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, or national origin
in the selection and retention of sub-contractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
Solicitations for Sub-contra..cts, Inc!pdinq Procurements of Materials and
Equipment. In all solicitations, either by competitive bidding or negotiation made
by the Contractor for work to be performed under a sub-contract, including
procurements of materials or leases of equipment, each potential sub-contractor
or supplier shall be notified by the Contractor of the Contractor's obligations under
this contract and the Regulations relative to non-discrimination .on the grounds of
race, color, or national origin.
..
Information and Reports. The Contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereof, and shall permit
access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set
forth what efforts it has made to obtain the information.
I-1
Sanctions. for Non-compliance. in the event of the Contractor's non-compliance
with the non-discrimination provisions of this contract, the sponsor shall impose
such contract sanctions as it or the FAA may determine to be appropriate,
including, but not limited to-
withholding of payments to the ContractOr under the contract until the
Contractor complies, and/or
b. cancellation, termination, or suspension of the contract, in whole or in part.
Inc0..rporation of Provisions. The Contractor shall include the provisions of
paragraphs 1 through 5 in every sub-contract, including the procurements of
materials and leases of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The Contractor shall take such action with respect'to any
sub-contract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for non-compliance. Provided,
however, that in the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, the
Contractor may request the sponsor to enter into such litigation to protect the
interests of the sponsor and, in addition, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
Polio% It is the policy of the Department of Transportation (DOT) that
disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal and/or State funds under this agreement.
Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement.
DBE Obliqation. The Contractor agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the maximu_m opportunity to
participate in the performance of contracts and sub-contracts' financed in whole or
in part with Federal and/or State funds provided under this agceement. In this
regard, all contractors shall take all necessary and reasonable steps in accordance
with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts. Contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT-assisted contracts.
1-2
The CONTRACTOR will establish goals for sub-consultant participation for
Disadvantaged Business Enterprises (DBE-) in future Supplemental Agreements for
each project involving Federal Grant assistance.
The word "Contractor" as used in this Attachment, shall mean the same as
"CONSULTANT".
Source: FAA AC 150/5100-14C, Appendix 1, 1/6/93.
[PROSi~.9~24~]
I-3
WORN STATEMENT UNDER SECTION 287.133(3)(A),
FLORIDA STATUTE~ ON PUBLJC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER AUTHOI~LT~I'~ TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, P~opos~ or Contract No. City of Se..bastian's I=h~ff~asional Ent3ineering Consulting Services
2. This swom statement is submitted by G~eip!!r, Inc.
(name of entity submitting sworn statemam)
whose business address is 315 Eaet Robinlon, m.~Vite 245~ Odanda,RoHd~ ..~2~01 ~ ~pli~) ~ ~ ~pl~r ~l~aon Num~
(~[N) is 59208?895 . ~ ~e ~ ~ no ~N, in~ude ~e ~ ~ ~m~r ~ ~e indi~d~ Ngning ~is ~om ~me~)
3. ~ n~e is Greg T. smi~. P.E. : ~ my mla~on~ip ~ ~e ~ ~ ~ ~ ~ ~eide~t --
~l~ prim n~e ~ indi~duN Ngning)
4. I un~e~d ~at a *public e~ ~me' ~ defin~ in P~g~h ~.1~(1)~), Rodda ~, ml~l a ~ola~on ~ ~y ~ or ~e~ law
e pe~n w~ re~ ~ ~d direly related ~ ~e ~on ~ buNne~ ~ ~y pubi~ e~ or w~ ~ ~en~ or ~1~ ~INon
o~et ~ or ~ ~e Uni~ S~, in~uding, b~ nm lim~ ~, ~y bid or ~n~ ~r g~s or ~ ~ ~ p~d~ ~ ~y public
agen~ or ~iifi~ ~iviN~ ~ ~y ~er ~ or of ~a Un~ S~s ~d i~ol~ng ~ ~d, ~e~ ~, ~lluNon, ~e~Hng,
~n~i~, m ~t~
5. I unde~d ~ '~' ~ '~' M d~ in ~r~h ~7.1~(1)~), Ro~da ~es, ~ l ~ndlng ~ guiE or a ~on
public enfl~ ~me, ~ ~ ~ ~ ~judi~on ~ gui~ in ~y ~erN ~ ~ ~ ~u~ ~ ~ m~ng ~ ~g~ broug~ ~ indi~em
or infe~afion ~r ~ly 1, 1~, M a ~E ~ a ju~ ~rdi~ ~njuw ~, er e~ ~ a pl~ ~ gul~ or no~ ~n~dem.
6. I unde~d ~at ~ 'affliCt' M ~ in ~agr~h ~.1~(1)(~), .~oflda ~s, m~
~ en~ under ~e ~n~l ~ ~y ~ ~n who is ~e in ~e ~agemem ~ ~e ~ ~d ~ ~ ~ ~ ~ a public
~me. ~e te~ '~lia~' injuries ~o~ offi~m, dire~om, ex~ves, ~em, ~eh~dem, employe~, ~m~ ~ agen~ who
s~ve in ~e m~agemem ~ ~ ~ffiliate. ~e owne~ip by one ~n ~ ~s ~n~ng a ~olling in~re~ in ~o~r ~n,
pooling of ~uipment or in.me ~ong pe~ns when n~ ~r f~r m~ket vNue under ~ ~'s len~ agr~ment, ~NI ~ a prima
~at one ~r~n who h~ b~n ~nvim~ of s public en~ ~me in RoHda during ~e pm~ing ~ mon~s ~1 ~ ~nNder~ ~ sffilie~.
7, I undated ~at a 'per~n' ~ defined in P~agr~h ~7.1~(1)(e), Rofida S~s~ m~s ~y nam~ ~n ~ en~ org~iz~ under
of ~y ~te or of ~e Uni~d ~tes wi~ ~e legN power ~ en~r into a binding ~n~ ~d whi~ bids or ~plies ~ bid on ~n~ for
ptovi~on ~ g~s or ~wi~s let by a public en~, or whi~ offie~i~ ~, ~ ~pli~ ~ ~ buNne~ wiffi a public e~.
"pe~n' in~udes ~o~ offi~m, dir~om, exe~ves, p~em, ~eholdem, employes, mem~m, ~d egen~ w~ ~e ~ in m~eme~
~ ~ en~.
8. ~d on in~a6on ~d beli~, ~e ~ment whi~ I have m~ below is ~e in rela~on ~ ~e en~ ~bmiffing ~is ~om ~me~
indi~ whi~ ~tement ~plie~)
X ~er ~e enfi~ ~bm~ng ~is ~m ~men~ nor ~y offi~, diem, ex--vet, ~ ~eholdem, employs, mem~m,
or agen~ who ~e ~ve in ~e ~agemem ~ ~e enfi~, nor ~y affiliate ~ ~e en~ ~ ~n ~g~ ~ffi ~d ~nvi~d ~ a public
~b~quent ~ July 1, 1~.
~e enfl~ ~bm~ng ~is ~m ~me~ or one or mom ~ ~e offi~m, dir~m, ex--es, ~em, ~eho~em, ~plo~,
membem, or agen~ who ~ ~e in ~e m~agement ~ ~e en~, or ~ ~lia~ ~ ~e en~ h~ ~en ~g~ wiffi ~d ~nvi~d ~ a publ~
en~ ~me ~uent ~ Ju~ 1, 1~. ~D (~e~ indi~ whi~ ~difionN ~mem ~pli~.)
~ere h~ b~n a pr~ing ~n~ming ~e ~n~on b~e a h~ng ~r ~ ~ ~te ~ R~d~ ~ ~ ~mini~a~
~e finn order en~r~ ~ ~e h~ng ~r d~ not ple~ ~e ~n ~ affilia~ ~ ~e ~i~ ~ I~ ~e~ ~ a ~py ~
ord..)
~e pe~n m ~lia~ w~ p~ ~ ~e ~ ve~or I~ ~ere hM ~ a ~u~ p~ing ~ore a he.rig
S~ of RoHd~ ~on ~ ~mini~a~ ~ngs. ~e fin~ ~ en~r~ ~ ~ he--rig ~ de~i~ ~ ~ w~ in ~e public in~
mm~e ~e ~ ~ affil~ ~m ~e ~ ~ndor li~ ~e~ a~ a ~py ~ ~e ~ ~d~.) ,
~e ~n ~ ~ila~ h~ n~ ~en p~ on ~e ~n~ vend~ li~ ~ de~ ~y ~on ~en by or ~nding wi~
~ent ~ ~e~ ~) (~~~~~
Date: July 2~: . ,1994
STATE OF FLORIDA
COUNTY OF ORANGE
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Gre,q T. Smith~ P.E.
his signature in the ~oace provided above on this 26th day of July, 1994.
F~rm PUR 7068
.. who, after first being sworn by me, affixed
AT'FACHMENT II
(Basic Agreement between the CITY OF SEBASTIAN and GREINER,
,
INC. dated
INSURANCE PROVISIONS
On the Comprehensive General Liability and Business Auto Liability, the City of Sebastian shall be
listed as an 'additional insured" as their interest may appear. The CITY shall not, by reason of their
inclusion under these policies, incur liability to the insurance carrier for payment of premium for these
policies. A renewal certificate shall be issued 30 days pdor to expiration of coverage.
Where available, aJI policies shall be of an occurrence type and provide a 30-day notice of
cancellation or 'modification of coverages. Prior to commencement of work, the proper insurance
certificates shall be provided to and approved by the CI'I-Y.
Deductible..s.: Given that the indemnification agreement is intended to be supported by first dollars
insurance policies which require full disclosure of any and all deductible for all coverages requirec
by this specification or contract, the only exception will be the area of Worker's Compensation. The
CITY reserves the dght to determine acceptable limits of such deductibles.
First Dollar Coveraae: To the extend that the CONSULTANT may elect to purchase insurance which
provides a deductive or (SIR) self-insured retention, the CONSULTANT will assume liability tc
personally indemnify the CITY to the same level of coverage required of their insurance carrier.
COVERAGES AND LIMITS
Commercial General Uability: This insurance shall be an "occurrence" type policy written in
comprehensive form and shall protect the CONSULTANT and the additional insureds against all
claims arising from bodily injury, sickness, disease or death of any person other than the
CONSULTANT's employees or damage to property of the CITY or others arising out of any act or
omission of the CONSULTANT or his agents or employees. This policy shall also include protection
against claims insured by usual personal injury liability coverage and to insure the contractual liability
assumed by the contractor under the article entitled INDEMNIFICATION.. -
The liability limits shall not be less than:
Personal injury and property damage - $500,000 combined single limit each occurrence
Business Auto Uabilitv: This insurance shall cover any auto for bodily injury and property damage.
This shall include owned vehicles, hired and non-owned vehicles and employee non-ownership.
The liability limits shall not be less than:
Bodily injury and property damage - $500,000 combined single limit each occurrence
II- 1
Workers' Compensation: Workers' Compensation coverage to apply for all employees for statutory
limits and shall include employer's liability with a limit of $100,000 each accident; $500,000 disease
policy limits; $100,000 disease limit each employee. ("Ali States" endorsement is required where
applicable.)
Professional Uabilitv: CONSULTANT shall carry professional malpractice insurance in the amount
of $500,000 throughout the term of this contract and shall maintain such coverage for an extended
period of one year after completion and acceptance of any work performed hereunder. At all times
throughout the period of required coverage, said coverage shall insure all claims from the first date
of the contract through the expiration date of the last policy period. In the event that CONSULTANT
shall fail to secure and maintain such coverage, CONSULTANT shall be deemed the insurer of such
professional malpractice and shall be responsible for all damages suffered by the CITY as a result
thereof, including attorney's fees and costs.
HOLB HARMLESS/INDEMNIFICATION
~: It is the express intent of the CONSULTANT that this agreement shall apply for the
project(s) or time period indicated below.
~ Agreement is applicable to all contracts, purchase orders and other work performed
for the City. of Sebastian for the time period of 9/1/94 to 9/1/99.
Subroaation: The CONSULTANT(s) and Subcontractors shall require their insurance carriers, with
respect to all insurance policies, to waive all rights of subrogation against the CITY, except for
"Professional Uability". In the case of "Professional Liability", the ENGINEER/ARCHITECT and his
Subcontractors shall waive all rights of subrogation except in situations where gross negligence is
shown on the part of the CITY.
Release of Uabilitv: Acceptance by the CONSULTANT of the last payment shall be a release to the
CITY and every officer and agent thereof from all claims and liability hereunder for anything done or
furnished for or relating to the work or for any act or neglect of the CITY or of any person relatin=~
to or affecting the work.
STATE OF
COUNTY OF
By:
Attest:
· ' ~or Officer
. Corpo~a~ Socretary/Wit~s
[PROSPECT.9324~]
II- 2
The foregoing instrument was acknowledged before me this
of c_~¢_~', ,--~=~ , -~-.-~. corporation. He is ~..erson~-ally kr~own to me-~r had
produced) (as identification) and did not take an oath.
Signature of Person Taking Acknowledgement
Name of Acknowledger
Title
NOTAg¥ PUBLIC, STATE OF FLORIDA'.';
ray COMMISSION EXPIRES: Dec. 27~'~i' '' ..
]B~8,{,{i,]F.D T{~'~U {VOTARY PUBLIC Ul'~OEg'~q~ll'l'Elt~. 'i.~
Serial Number, if any
II -3
ATTACHMENT
[=~:~!:[~::::~=:~::~:~:::~::~:~:::::~::~:~:::::::::::::::::::::::::::::::::::::~:¢::::::::~:~:~:~:
Escalated Hourly Rates by Classification
Current Escalated
Direct Rate
Employee Classification Rate. ~2.67% Multi~iie~
Principal
Project Manager
Senior Engineer
Senior Planner
Engineer
Technician
Draftsman
Senior Environmental Scientist
Environmental Scientist
Clerical
Registered Land Surveyor
Survey Technician
Survey Party Chief
Survey Instrumentman
Survey Rodman
$41.35 $42.45 2.82
$34.08 $34.99 2.82
$27,42 $28.15 2.82
$32.22 $33.08 2.82
$20.84 $21.40 2,82
$17.18 $17.64 2.82
$16.50 $16.94 2.82
$25.66 $26.35 2.82
$18.70 $19.20 2.82
$11.24 $11.54 2.82
$21.38 $21.95 2.82
$13.00 $13.35 2.82
$13.10 $13.45 2.82
$8.50 $8.73 2.82
$5.86 $6.02 =2.82
NOTE;
All direct salary rates have been adjusted by 2.67% to reflect the mid-point
salaries in the first year of this contract, assuming a 5.34% average annual
increase for Greiner's staff. Each July 1, appropriate adjustments in salary,
overhead, and reimbursable rates will be established for the following year.
Attached is Greiner's current audited overhead of 145.33% with reimbursable
schedule. A fixed fee of 15% has been added for operating margin to provide
a total multiplier of 2.82 times direct labor,
Billable
, Hourly
Rat .e.
$119.71
$98.67
$79.38
$93.29
$60.35
$49.74
$47.77
$74.31
$54.14
$32.54
$61.90
$37.65
$37.93
$24.62
$16.98
\$ES~As'nAN.wk3\ 29-Ju1-9-
BASIS FOR SURVEY RATES
PARTY DAY RATES
3- MAN 4- MAN 5- MAN
CREW CREW CREW
Party Chief $13,45 $13.45 $13.45
Instrumentman $8.73 $8.73 $8,73
Rodman $6.02 $6.02 $6.02
Rodman $6.02 $6.02
Rodman $6.02
Rate per hour
Number of hours per day
$28.20
x 8.0
$225.60
Multiplier x 2.82
Per day rate $636.19
$34.22 $40.24
x 8,0 x 8.0
$273,76 $321.92
x 2.82 x 2.82
$772.00 $907.81
OFFICE PERSONNEL
Project Manager
Registered Land Surveyor
Survey Technician
Rate
Billable
Multiplier Rate
$34.99 2.82 $98.67
$21.95 2.82 $61.90
$13.35 2.82 $37.65
Fringe Benefit Rate
General Overhead Rate
Combined Rate
Operating Margin
ADDITIVE PERCENTAGES
49.10%
96.23%
145, 33%
15.00%
\SE~ASTIAN.wk3\ 29-Jul--9-