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HomeMy WebLinkAboutR-78-0687■ 0 1 RRC/b. ii/2/7b 2ESOLtJTION No. 7 8 w .6 R7 `RESOLUTION AUTHORIZING THE CITY MANAGER To ENTER INTO THE ATTACHED AGREEMENT WITH ALLAN POMS FOR HIS SERVICES AS A RESIDENT :'ENGINEER, IN CONNECTION WITH THE CONSTRUC- T/ON OF THE NEW CITY ADMINISTRATION BUILDING, WITH FUNDS THEREFOR TO BE EXPENDED FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION GRANT: $E IT RESOLVED BY THE COMMISSION OF THE CI` 1ORI DA Section 1. The City Manager er is hereby authorized into the attached agreement with ALLAN POMS for his, services as a resident engineer, in connection with the construction of the new City Administration Building, with funds therefor to be expended from the Economic Development Administration Crant. PASSED AND ADOPTED this 9 day of NOVEMBER ATTEST: "SUPPORTIVE DOCU ENTS FOLLOW" R!.LPII .ONGIE, CITY CLER PREPARED AND APPROVED BY: MAURICE A. FERRE MAURICE A. FERRE, MAYO R ROBERT F. CLARK, ASSISTANT CITY ATTORNEY APPRO S TO FORM AND CORRECTNESS: GEO 'GE F. j'OX, JR., CITY ATT "DOCUMENT NDEX ITEM NO. CITY COMMISSION MEETING OF NOV 7 1978 ResouroON No. 7 8 " 6 8 NEUPWIL iME ■MEM Joseph Ra Grassie City Manager / , f_r7 3M4 .> L Vincent E, rimml � As'sistant:Cit"y: Man get Oct3.11 Allan Poms _ Resident Engineer rw..csunrs: By the end of November we sh uld, for all intents and purposes, have completed the Dinner Key Exhibition Center, We certainly, after this tone; will not need full-time supervision. Since the beginning of this project, the City has had Mr. Allan Poms under contract as a full-time Resident Engineer. Mr. Poms has provided this service not only on this job but during the con- struction of the new Miami Modern Police Headquarters building. I have prepared an agreement between Mr. Poms and the City which would now transfer him as Resident Engineer to the downtown administrative building. Funds for the Resident Engineer are covered completely by the EDA grant. It is stipulated as part of the contract that Mr. Poms' salary will be $28,000 per year for a term not to exceed two years. As can be seen from the agreement, Mr. Poms is not considered a City employee and his benefits are restricted to those specified in Exhibit A. "SUPPORTIVE DOCUMENTS FOLLOW„ AGREEMENT, lade this by and between the CITY OF MIA corporation f the State of Florida, hereinafter called "CITY", and ALLAN POMS, 85th Terrace, Miami, Florida 33137, hereinafter called "RESIDENT ENGINEER". W I T N E S S E T H : WHEREAS, the CITY has received a Grant in the amount o 1'93,000 from the U. S. Department of Commerce through the Economic Development Administration for the construction of a new City of Miami Administration Building (Phase I) and has engaged the firm called Pancoast, Borrelli and Albaisa, Architects for Architectural/Engineering services; and WHEREAS, the CITY desires to engage the services RESIDENT ENGINEER for the day to day administration, inspection and supervision for the construction of the new City of Miami Administra- tion Building (Phase I); and WHEREAS, it is the CITY'S desire that the RESIDENT ENGINEER shall be retained and compensated at a salary of TWENTY-EIGHT THOUSAND AND NO/100 ($28,000) DOLLARS per year for a term not exceed two (2) years; and WHEREAS, sufficient funds are available in the Grant from the.U, S. Department of Commerce through the Economic Development Administration; NOW, THEREFORE, the CITY and the RESIDENT ENGINEER for the consideration hereinafter set forth agree and covenant,• one unto the "SUPPORTIVE follows:. DOCUMENTS SECTION I - RESIDENT ENGINEER'S SERVICES '/ A, The RESIDENT ENGINEER will be fully respolEDLLO fort DIRECTOR OF PUBLIC WORKS on the status of construction, calling attention any deviation from the plans and specifications as oposed by Pancoast, Borrelli, Albaisa, Architects, or any work not comp l 'iance with all applicable federal, state and local laws. a, The RESIDENT ENGINEER will be fully responsible to the IRECTOR OF PU#3LIC WORKS for administration of the contract aD inspection work related to the construction of the City of Miami Adminis= ' f±&tibh bldg. Phase I, including site development, and shall have the ■ authority necessary to fulfill these responsibilities. • C. The RESIDENT ENGINEER shall familciarize himself with the Progress and quality of the work and determine, in general, if 5 i the work is proceeding in accordance with the Contract Documents, M On the basis of his onsite observations, he shall advise the CITY of any deviations, defects and deficiencies in the work of the He shall be familiar with the construction schedul-e, • CONTRACTOR. and shall advise the CITY of any conditions which may change or delay completion of the work. D. The RESIDENT ENGINEER shall make thorough inspections of all phases of the construction project, including landscaping and site work, and shall prepare a written daily report of the day's activities including visitors, problems, decisions, tests and obser- vations. The RESIDENT ENGINEER shall assist the CONTRACTOR in understanding the intent of the contract plans and specifications. He shall obtain from the CONSULTANTS additional details or informa- tion when required for the proper execution of the work. He shall maintain liaison with the CONTRACTOR and the CITY. He shall attend conferences required in connection with the PROJECT. E. The RESIDENT ENGINEER shall maintain a current set plans and specifications including all addenda. change orders, supplementary 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 warran- ties, a list of suppliers and subcontractors and parts list from the CONTRACTOR. F. The RESIDENT ENGINEER shall review and countersign the applications for payment submitted by the CONTRACTOR and forward them 0 the CONSULTANTS and the CITY with recommendations for final approval and disposition. DOCUM Fi:4! 78- 6S7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII G After substantial completion, the RESIDENT ENGINEER shall prepate a list of incomplete or defective work and check each itett as it is corrected, If necessary, the cost of such connection shall be determined and paid. H. In the case of additions or renovations to the existing facilities which must be maintained in operation during construction, the RESIDENT ENGINEER shall alert the CITY to conditions which could affect the CITY'S existing operation. I. The RESIDENT ENGINEER shall not be responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, and he shall not be responsible for the CONTRACTOR'S failure to carry out the work in accordance with the Contract Documents. The RESIDENT ENGINEER shall not be responsible for acts or omissions of the CONTRACTOR or any subcontractor's agents or other person performing any of the work. SECTION II - DEFINITIONS CITYis hereby defined as The City of Miami, Florida. DIRECTOR OF PUBLIC WORKS is hereby defined as the of the Department of Public Works of the City of Miami, employees or any RESIDENT ENGINEER is hereby defined as ALLAN POMS, 8955 S.'.W. 85th Terrace, Miami, Florida PROJECT is hereby defined as the construction of new City of Miami Administration Building (Phase I). E. WORK is hereby defined as all the professional and technical services to be provided by the RESIDENT ENGINEER as described in SECTION I - RESIDENT ENGINEER'S SERVICES. F. CONSULTANT is responsible for the design, including plans and specifications, of the City of Miami Administration Building (Phase I) and site development work. G. CONTRACTOR OR CONTRACTORS are hereby defined as those responsible for the construction of the City of Miami Administration Building (Phase I), hereby defined as architects and engineers ISUPPC7TIVE DOCUMENTS FOLLOW" SECTION III -,,COMPENSATION FOR SERVICES the CITY agrees to pay the RESIDENT ENGINEER and the REgu1bENT ENGINEER agrees to accept as payment in full from the CITY for all professional and technical services rendered pursuant to this Agreement a fee of TWO THOUSAND, THREE HUNDRED AND THIRTY-THREE AND 33/100 ($2,333.33) DOLLARS per month, for a maximum of twenty- four (24) months, plus benefits as described in attached Exhibit "A". This fee will be paid on a semi-monthly basis. No deduction of any kind will be made from the semi-monthly payments to the RESIDENT ENGINEER. Payment of all taxes such as federal income tax, social security, insurance, etc., will be the responsiblity of the RESIDENT ENGINEER. In addition to national holidays (Exhibit "A"), time for other holidays, sick leave and vacation shall be limited to twenty- five (25) working days per year. Days for vacation, holidays and sick leave shall be with the permission of the Director of Public Works. Any days of vacation, sick leave or holidays taken off in excess of the twenty-five (25) 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 WORK shall be furnished by the City's Department of Public Works. SECTION IV - TERMINATION OF AGREEMENT The CITY and RESIDENT ENGINEER retain the right to erminate this Agreement for any reason at any time prior to completion of the WORK without penalty or any further liability, o the CITY or RESIDENT ENGINEER. In that event, notice of termination of this contract shall be in writing mailed to the other party two (2) weeks prior thereto. The RESIDENT ENGINEER shall be paid for services rendered prior to the effective date of termination of agreement in accordance with SECTION III - COMPEN- SATION FOR SERVICES. All accrued vacation pay, sick leave, and insurances shall be paid through the date of termination. Otherwise this Agreement shall be terminated when the WORK is substantially complete and the CITY informs the RESIDENT .VGiEE i.n •writing such completion, "SUPPORTIVE DOCUMENTS FOL.Lot, i'► SECTION V = SCHEDULING OF WORK The WORK of the RESIDENT ENGINEER will begin on a 1 a"eCeitable to both the CITY and the RESIDENT ENGINEER, and Will continue through the completion of this building and the site. development work subject to the provisions of SECTION IV, Construction of the new City of Miami Administration Building, (Phase I) should not exceed sixteen (16) months. Termination f this contract prior to the two (2) year suggested period Will be as set forth in provisions of Section IV - TERMINATION OF AGREEMENT, SECTION VI - EXTENT OF AGREEMENT This AGREEMENT represents the entire and integrated` agreement between the CITY and the RESIDENT ENGINEER 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 RESIDENT ENGINEER. SECTION VII - SUCCESSORS AND ASSIGNS The RESIDENT ENGINEER shall make no assignments or transfer of this Agreement or sublet, assign, or transfer any part the WORK under this Agreement without the written consent SECTION VIII - INSURANCE INDEMNIFICATION The RESIDENT ENGINEER agrees to obtain construction n`Spection persona. liability $100.,000/$300,000 Liability Coverage and $50,000 Property Damage Coverage, and shll provide a certificate indicating that said insurance is in force at the time of the execution of this Agreement, and shall provide further that the CITY OF MIAMI named as an additional insured, or otherwise provide proof of insurance to the satisfaction of the CITY, "SUPPORTIVE DOCUMENTS FOLLOW" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111IIIIIIn■nnii ■ MI ME the expenditure of funds without written approval of the DIRECTOR The RESIDENT ENGINEER also agrees to obtain idotk`nan'S doMiOhsation Insurance and provide the CITY with proof of said ihstitahce to the satisfaction of the CITY. Upon presentation of invoices for tht above insutahCe. the CITY shall reimburse the RESIDENT ENGINEER for the full atbUht forthwith, • SECTION IX - RIGHT OF DECISIONS Although the RESIDENT ENGINEER will act with authority with respect to administration of the contract documents as set forth in Section I, he shall have no authority to approve or order any extra work or change orders or any other work which requires OF THE DEPARTMENT OF PUBLIC WORKS. During construction, if a situation arises which requires that the work be stopped or be rejected, the RESIDENT ENGINEER shall have the approval of the CONSULTANT and the DIRECTOR OF PUBLIC WORKS, prior to taking any action of any kind whatsoever. Responsibilities of the RESIDENT ENGINEER do not alter supersede the liabilities of the CONTRACTOR or CONTRACTORS or or CONSULTANT. 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: CITY CLERK APPROVED AS TO FORM AND CORRECTNES GEORGE F. KNOX, JR, CITY ATTORNEY 6 I N �,, 14!; L t E1f� ALLAN POMP THE CITY OF MIAMI, a municipal corporation of the State of Florida By; City Manager coca ;EN S FOLLOW" 1 ■mom ■ ■ E„(iIBi'' °A" FTtStbENT ENGIt1EE)2 BENS `ITS t'.14C.A. Self Employment Tax 6.05% 2, health and Major Medical Insurance 3, Workmen's Compensation Insurance 4. Construction Inspection and Personal Liability 1n5urande 5. Twenty-five (25) working days Annual Vacation or Sick LeaVe 6. All National Holidays New Year's Day Washington's Holiday Memorial Day Independence Day Labor Day Columbus Day Veteran's Da _ y1..?u. ,left f'•,`�5,� :;hf f:>fi::it �_tt_ as y�,i;`�.y %-'kr�f l:i�e.i=�`;l;r! ;'r.$ - : 5: Thanksgiving Day Christman