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HomeMy WebLinkAboutR-82-0837RESOLUTION NO. 8 2— 8 3 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, HIRING ROBERTO S. ROCHA AS PROJECT COORDINATOR FOR THE DOWNTOWN GOVERN- MENT CENTER PARKING FACILITY FOR A PERIOD NOT TO EXCEED ONE YEAR AND AT A COST NOT TO EXCEED $32,263; SAID COST TO BE PAID FROM FUNDS ALREADY ALLOCATED TO COVER ADMINISTRATION OF THE PROJECT. WHEREAS, Resolution No. 82-110, adopted February 11, 1982, allocated $341,000 to cover the cost of artwork, project ex- pense and additional architectural and engineering consulting fees for the Downtown Government Center Parking Facility; and WHEREAS, $100,000 of the $341,000 allocated was budgeted to cover project expense; and WHEREAS, the Public Works Department had anticipated the hiring of a Project Coordinator for the Downtown Government Parking Facility from the project expense fund; and WHEREAS, an agreement has been negotiated hiring Roberto S. Rocha as Project Coordinator for said facility for a period not to exceed one year and at a cost not to exceed $32,263; and WHEREAS, the City Manager and the Department of Public Works request authorization for the City Manager to execute the attached agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, hiring Roberto S. Rocha as Project Coordinator for the Downtown Government Center Parking Facility for a period not to exceed one year and at a cost not to exceed $32,263; said cost to be paid from funds already allocated to cover administraion of the project. CITY COMMISSION MEETING OF S E P 9 1982 82-8 youT" ao..,....,,,,,,,,,,,,,,, PASSED AND ADOPTED this 9TH day of SEPTEMBER MAURICE A. FERRE ATTEST: � Q RAL G. ONGIE CITY CLERK PREPARED AND APPROVED BY: -&-,44wC ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: E R. GARCIA-PEDROSA TY ATTORNEY -2- M A Y 0 R . 1982. 82-837 A G R E E M E N T THIS AGREE`ZENT, made this clay of July, 1982, by and between the CITY OF MIAMI, a municipal corporation under the laws of the State of Florida, hereinafter called "CITY", and Roberto S Rocha, 971 N. W.- 106 Ave. Circle, Miami, Florida, herein- after called "PROJECT COORDINATOR". W I T N E S S E T H: WHEREAS, the City of Miami is constructing a parking garage to be known as the City of Miami Downtown Government Center • Parking Facility, hereinafter called the "PROJECT"; and jMEREAS, the CITY has engaged the firm of Wilbur Smith and Associates for architectural/enpineering services, hereinafter called "CONSliLTAtiTS"; and WHEREAS, the CITY desires to engage the services of a PROJECT COORDINATOR for the coordination of construction of the PROJECT to ensure that the PROJECT will properly progress on schedule to its final completion; and I%MEPEAS, it is the CITY'S desire that the PROJECT COORDINATOR shall be retained and compensated at a salary of THIRTY THOUSAND (30,000) DOLLARS per year for a term not to exceed ONE (1) year; and 11HEREAS, sufficient funds are available from Parking Garage Bond funds already allocated by Resolution for the purpose; and NOVI, THEREFORE, The CITY and the PROJECT COORDINATOR for the consideration hereinafter set forth agree and covenant, one unto the other, as follows: SECTION I - PROJECT COORDINATOR'S SERVICES A. The PROJECT COORDINATOR will be fully responsible to report to the DIRECTOR OF PUBLIC WORKS or his authorized representative hereinafter called the "DIRECTOR", on the status of construction 82-837 f c� calling to his attention any deviation from the plans and specifica- tions according to contracts and schedules, or any work not in compliance with all applicable federal, state and local laws. B. The PROJECT COORDINATOR will be fully responsible to the DIRECTOR for inspection and coordination of work related to the construction of the PROJECT, and shall have the authority necessary to fulfill these responsibilities. C. The PROJECT COORDINATOR shall familiarize himself with the progress and quality of the work and determine, in general, if the work is proceeding in accordance with the Contract Documents. On the basis of his findings, he shall advise the DIRECTOR of any devia- tions, defects and deficiencies in the work of the CONTRACTOR. He shall be familiar with the construction schedule, and shall advise the DIRECTOR of any conditions which may change or delay completion of the work. D. The PROJECT COORDINATOR shall make thorough inspections of all phases of the construction project, including landscaping and site work to ensure that all phrases of the PROJECT is progressing on schedule, and shall prepare a daily written report of the activities including visitors; problems, decisions, tests and observations. He shall obtain from the DIRECTOR or the CONSULTANT additional details or information when required for the prover execution of the work. He shall maintain liaison with the CONTRACTOR, the CONSULTANT and the CITY. He shall attend and keep minutes of conferences required in connection with the PROJECT. E. The PROJECT COORDINATOR shall maintain a current set of plans and specifications including all addenda, change orders, supplemen- tary drawings, shop drawings, correspondence file, samples and test reports. At the end of the PROJECT he shall review and approve as -built drawings, obtain required guarantees and warranties, a list of supplies and subcontractors and parts list from the CONTRACTOR. - Z - 182-837 F. The PROJECT COORDINATOR shall review and countersign the applications for payment after consultation with the CONSULTANT and the DIRECTOR, when submitted by the CONTRACTOR with recommendations for final approval and disposition. G. After substantial completion, the PROJECT COORDINATOR shall prepare a list of incomplete or late scheduled work and check each item as it is corrected. If necessary, the cost of such correction shall be determined and paid. H. The PROJECT COORDINATOR shall not be responsible for the construction means, techniques, sequences or procedures, or for safety, precautions and programs in connection with the work and he shall not be responsible for the CONSTRUCTION MANAGER'S failure to carry out the work in accordance with the Contract Documents. The PROJECT COORDINATOR shall not be responsible for acts or omissions of the CONSTRUCTION MANAGER or any subcontractor's agents or employees or any other person performing any of the work. SECTION II - DEFINITIONS A. CITY is hereby defined as The City of Miami, Florida. B. DIRECTOR is hereby defined as the Director of the City of Miami Department of Public Works. C. PROJECT COORDINATOR is hereby defined as Roberto S. Rocha, 971 N. W. 106 Ave. Circle, Miami, Florida. D. PROJECT is hereby defined as the Downtown Government Center Parking Facility. E. CONTRACTOR is hereby defined as Shafer & Miller Inc. SECTION III - CO11PENSATION FOR SERVICES The CITY agrees to pay the PROJECT COORDINATOR and the PROJECT COORDINATOR agrees to accept as payment in full from the CITY for all professional and technical services rendered pursuant to this Agreement a fee of ONE THOUSAND ONE HUNDRED FIFTY AND 68/100 (1,150.68) DOLLARS bi-weekly plus an additional amount of EIGHTY TI.10 AND 32/100 (82.32) DOLLARS at the end of the one-year contract plus benefits as - 3 - 82-937 described in attached Exhibit "A". This fee will be paid on a bi- weekly basis. No deduction of any kind will be made from the bi-weekly payments to the PROJECT COORDINATOR. Payment of all taxes such as federal income tax, social security, etc., will be the responsibility of the COORDINATOR. In addition to national holidays (Exhibit "A"), time for other holidays, sick leave and vacation shall be limited to ten (10) working days per year. Days for vacation, holidays and sick leave shall be with the permission of the DIRECTOR. Any days of vacation, sick leave or holidays taken off in excess of the ten (10) working days per year will be deducted from the semi-monthly payment on a direct proration of the annual salary. All office supplies and equipment required in connection with the PP.OJECT shall be furnished by the CITY. SECTION IV - TERMINATION OF AGREEMENT The CITY and PROJECT COORDINATOR retain the right to terminate this Agreement for any reason at any time prior to completion of the PROJECT without penalty or any further liability to the CITY or PROJECT COORDINATOR. In that event, notice of termination of this contract shall be in writing mailed to the other party two (2) weeks prior thereto. The PROJECT COORDINATOR shall be paid for services rendered prior to the effective date of termination of agreement in accordance with SECTION III - COMPUSATION FOR SERVICES. Otherwise this Agreement shall be terminated when the PROJECT is substantially complete and the CITY informs the PROJECT COORDINATOR in writing of such completion. SECTION V - SCHEDULING OF WORK The WORK of the PROJECT COORDINATOR will begin within two weeks of the signing of this agreement and will continue for one year. Construction has begun on the PROJECT, and it is expected that the total construction time and the site development will not exceed twelve months. Termination of this contract prior to the one (1) year period will be as set forth in provisions of SECTION IV - TERMINATION OF AGREEMENT. - 4 - 82-837 1 M SECTION VI - EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and the PROJECT COORDINATOR and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by written instrument signed by both the CITY and the PROJECT COORDINATOR. SECTION VII - SUCCESSORS AND ASSIGNS The PROJECT COORDINATOR shall make no assignements or transfer of this Agreement or sublet, assign, or transfer any part of the duties under this Agreement without the written consent of the CITY. SECTION VIII - RIGHT OF DECISIONS Although the PROJECT COORDINATOR will act as the City's representative in all matters pertaining to the construction of the project he shall have no authority to approve or order any extra work or change orders or any other work which requires the expenditure of funds without written approval of the DIRECTOR. During construction, if a situation arises which requires that the work be stopped or be rejected, the PROJECT COORDINATOR shall have the approval of the DIRECTOR, prior to taking any action of any kind whatsoever. Responsibilities of the PROJECT COORDINATOR do not alter or supersede the liabilities of the CONTRACTORS or CONSULTANTS. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement, the day and year first above set forth. WITNESSES: ROBERTO S ROCHA THE CITY OF MIAMI, a municipal corporation of the State of Florida By City Manager - 5 - 82-837 '1 Attest: C CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO CONTENT: GEORGE F. X CITY;.ATTORNEY, JR. v�f DEPARTMENTOFHPUBIIIC WORKS V2-837 IR EXHIBIT "A" PROJECT COORDINATOR. BENEFITS 1. F.I.C.A. Self Employment Tax Differential - 6.70% 2. Workmen's Compensation Insurance 3. Ten (10) working clays Annual Vacation and Sick Leave per year 4. All National Holidays New Year's Day Washington's Holiday Memorial Day Independence Day Labor Day Colubbus Day Veteran's Day Thanksgiving Day Christmas 82-8.97 621 Howard V. Gary_ City ilanager Donald W. Cather, Director Department of lic Works August 24, 1982 B-3197 D0WigT0VN GOVERNMENT CENTER PARKING FACILITY - Resolution Authorizing Hiring of Project Coordinator (For Commission fleeting of September 9, 1982) The Department of Public Works recommends the adoption of a resolution authorizing the City Manager to execute an agreement hiring Roberto S. Rocha as Project Coordinator for the Down- town Government Center Parking Facility project for a period not to exceed one year and at a cost not to exceed $32,263; said cost to be paid from funds already allocated to cover administration of the project. Resolution No. 82-110 passed February 11, 1982 which accepted the _ bid of $6,880,000 from Shafer and Miller, Inc. and authorized the City ;Manager to execute a contract with them for construction of the Downtown Government Parking Facility, also allocated $341,000 from Parking Revenue Bond Funds to cover the cost of artwork, project expense and additional architectual and engineering _ consulting fees. The fact sheet furnished with the proposed resolution indicated that $100,000 of the $341,000 was to cover project expense. The Department of Public Works had no permanently budgeted employee available to function as Project Coordinator on the project and anticipated the hiring of a qualified engineer for a period of one year or for the duration of the project, whichever is the shorter period of time, to inspect and coordinate the work. Funds to pay the Project Coordinator were to come from the $100,000 budgeted for project expense. We have now selected Roberto S. Rocha from a list of several qualified candidates, to fill the position and have negotiated an agreement with him, hiring him for a period not to exceed one year for an amount not to exceed $32,263. The agreement has been executed by Mr. Rocha and approved as to form and correctness by the City Attorney. MAURICE A. FERRE M A Y O R ATTEST: (ZZA'LPVrG—.-0NG1E, CITY CLE ' 82-837 CITY COMMISSION MEETING OF S E P 9 1982 REaoturro►+ noB.� ow .. Kum .......... .................. 621 Howard V. Gary City Manager - Donald W. Cather, Director Department of yiniRlic Works August 24, 1982 B-3197 DOWNTOt4N GOVERNMENT CENTER PARKING FACILITY - Resolution Authorizing Hiring of Project Coordinator (For Commission Meeting of September 9, 1982) The Department of Public Works recommends the adoption of a resolution authorizing the City Manager to execute an agreement hiring Roberto S. Rocha as Project Coordinator for the Down- town Government Center Parking Facility project for a period not to exceed one year and at a cost not to exceed $32,263; said cost to be paid from funds already allocated to cover administration of the project. Resolution No. 82-110 passed February 11, 1982 which accepted the bid of $6,880,000 from Shafer and Miller, Inc. and authorized the _ City Manager to execute a contract with them for construction of the Downtown Government Parking Facility, also allocated $341,000 from Parking Revenue Bond Funds to cover the cost of artwork, project expense and additional architectual and engineering consulting fees. The fact sheet furnished with the proposed resolution indicated that $100,000 of the $341,000 was to cover project expense. The Department of Public Vlorks had no permanently budgeted employee available to function as Project Coordinator on the project and anticipated the hiring of a qualified engineer for a period of one year or for the duration of the project, whichever is the shorter period of time, to inspect and coordinate the work. Funds to pay the Project Coordinator were to come from the $100,000 budgeted for project expense. We have now selected Roberto S. Rocha from a list of several qualified candidates, to fill the position and have negotiated an agreement with him, hiring him for a period not to exceed one year for an amount- not to exceed $32,263. The agreement has been executed by Mr. Rocha and approved as to form and correctness by the City Attorney. 82-837 - Z - We are now requesting adoption of a resolution authorizing the City Manager to execute the agreement. We are attaching a copy of the agreement for your perusal. EL:mh fesolution attached Am 82-837