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HomeMy WebLinkAboutR-77-06391MEM RESOLUTION NO. 77-659 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH ALLAN POMS FOR HIS SERVICES AS FULL-TIME RESIDENT ENGINEER FOR THE DURATION OF THE DINNER KEY RECREATION CENTER RENOVATION AT A FEE OF $24,000 PER YEAR FOR A TERM NOT LONGER THAN 2 YEARS; ALLOCATING FUNDS THEREFOR FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION GRANT. WHEREAS, the City has received a Grant in the amount of $3,758,187 from the U.S. Department of Commerce through the Economic Development Administration for the renovation of the Dinner Key Recreation Center and has engaged the firm called the Grove Group for Architectural/Engineering services; and WHEREAS, it is necessary to engage the services of a full-time Resident Engineer to provide the day-to-day inspection and supervision of the renovation of the Dinner Key Recreation Center under the terms of the Grant; and WHEREAS, the agreement between the City and the Grove Group did not include complete supervision of construction; and WHEREAS, the City of Miami Department of Public Works is not at the present time capable of providing these ser- vices; and WHEREAS, the hiring of a Resident Engineer by the City and placing him under the responsibility of the Director of the Department of Public Works will protect the City's interests; NOW, THEREFORE, BE IT RESOLVED BY"DOCUMENT COUME«TION INUtx OF THE CITY OF MIAMI, FLORIDA: /1 ,, ITEM NO. Section 1. The City Manager is hereby authorized to execute the attached agreement with ALLAN POMS for his services as a full-time Resident Engineer for the duration of the Dinner Key Recreation Center renovation at a fee of $24,000 for a term not longer than 2 years. CITY COMMISSION MEETING OF JUL 2 3 1977 77-6 WOW rioM NO... Section 2. Eunds for these services are hereby ailbcated from grant funds received from the U.S. Department of Commerce through the Economic Development Administration for this project. ATTEST: PASSED AND ADOPTED this 28TH day of „LJULY, ___.._.._..._.._► 1977. MAURIC Ai FERRE MAURICE A. FERRE► MAYO R <25e) G. 116 GIE CITY CLERK PREPATItD AND APPROVED BY: ROBERT F. CLARK, ASSISTANT CITY ATTORNEY APPROVED ; '0 FORM AND CORRECTNESS: GEORGE . KNO)F, JR. CITY ATTO 77- 639 rd: Joseph R. Grassi City Manager i VA, 81 (GrimmJr. Assistant City .. 4anacfer JUL w 'u fain Dinner Key teereatioh Center Renovation When the contract was prepared with The Grove Group for professional services to renovate the Dinner Key Recreation Center, provisions for full time supervision during construction were specifically eliminated. It is necessary that this service be provided under the terms of the grant. Attached is the agreement which authorizes the City Manager to enter into an agreement with Allan Poms as manager for this project. Mr. Poms is a highly qualified individual, and provided the same service for the City in conjunction with the Miami Modern Police Station. The general terms of the contract are $2,000 per month, limited to two years. Funds to cover this cost will come from the grant funds. tiMPT THIS AGREEMENT. made this day of 1977, by and between the CITY OF h1IAMI , a municipal corporation of the State of Florida, hereinafter called "CITY", and ALLAN PO4S, 8955 S,W. 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 $3,758,187 from the U.S. Department of Commerce through the Economic Development Administration for the renovation of the Dinner Key Recreation Center and has engaged the firm called the Grove Group for Architectural/Engineering services; and WHEREAS, the CITY desires to engage the services of a RESIDENT ENGINEER for the day to day inspection and supervision �f the renovation of the Dinner Key Recreation Center; and WHEREAS, it is the CITY'S desire that the RESIDENT ENGINEER shall be retained and compensated at a salary of TWENTY-FOUR THOUSAND AND NO/100 ($24,000) DOLLARS per year for a term not to 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 other, as follows: SECTION I - RESIDENT ENGINEER'S SERVICES A. The RESIDENT ENGINEER will be fully responsible to report to the DIRECTOR OF PUBLIC WORKS on the status of construction, calling to his attention any deviation from the plans and specifica- tions as proposed by the Grove Group, or any work not in compliance with all applicable federal, state and local laws. B. The RESIDENT ENGINEER will be fullyresponsible to the DIRECTOR OF PUBLIC WORKS for administration of the contract and • ■ D. ' pection work related to the construction of the binKer key Retteation Center, including site development, and shall have the authority necessary to fulfill these responsibilities. C. The RESIDENT ENGINEER 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 onsite observations, he shall advise the CITY f any deviations, defectsand deficiencies in the work of the CONTRACTOR. He shall be familiar with the construction schedule, and shall advise the CITY of any conditions which may change or delay completion of the work. The RESIDENT ENGINEER shall make thorough inspections 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 of 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 subscontractors and parts list from the CONTRACTOR. F. The RESIDENT ENGINEER shall review and countersign the applicationsfor payment submitted by the CONTRACTOR and forward them to the CONSULTANTS and the CITY with recommendations for final approval and disposition. • After substantial Completion, the RESIDENT ENGINEER Shall prepare a list of incomplete or defective work and check each item as it is corrected. If necessary, the cost of such correction 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 in accordance with the Contract Documents. The shall not be responsible for acts or omissions or any subcontractor's agents or employees or any carry out the work RESIDENT ENGINEER of the CONTRACTOR other person performing any of the work. Director Florida. SECTION II - DEFINITIONS CITY is 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, C. RESIDENT ENGINEER is hereby defined as ALLAN POMS. 8955 S.W. 85th Terrace, Miami, Florida 33173. D. PROJECT is hereby defined as the renovation of the Dinner Key Recreation Center and adjacent site development. E. WORK is hereby defined as all the professional and technical services to he provided by the RESIDENT ENGINEER as described in SECTION I - RESIDENT ENGINEER'S SERVICES. F, CONSULTANT is hereby defined as architects and engineers responsible for the design, including plans and specifications, of the Dinner Key Recreation Center and site development ..ork. G. CONTRACTOR OR CONTRACTORS are hereby defined as those ponsibie for the construction of the Dinner Key Recreation Center NMI immomm SECTION III = COMPENSATION FOR SERVICES The CITY agrees to pay the RESIDENT ENGINEER and the SIbENT ENGINEER agrees to accept as payment in full from the CITY Eot all professional and technical services rendered pursuant to this Agreement a fee of TWO THOUSAND AND.f0/100 ($2,000.00) 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 responsibility of the RESIDENT ENGINEER. Time for holidays in addition to national holidays. sick leave and vacation shall be limited to twenty (20) working days per year. Days for vacation, holidays and sick leave shall be with the permission of the Director of Public Works. Any days taken off in excess of the twenty (20) 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 RESIDENT ENGINEER. SECTION IV - TERMINATION OF AGREEMENT The CITY and RESIDENT ENGINEER retain the right to terminate this Agreement for any reason at any time prior to com- pletion of the WORK without penalty or any further liability to the CITY or RESIDENT ENGINEER. In that event, notice of termina- tion 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 - COMPENSATION FOR SERVICES. Otherwise this Agreement shall be terminated when the WORK is substantially complete and the CITY informs the RESIDENT LNGINI;F,R in writing Of such completion, SECTION V SCHEDULING OF WORK The WORK of the RESIDENT ENGINEER will begin at approki- tely the same time as the construction of the Dinner Key Recreation Center on a date acceptable to both the CITY ,and the RESIDENT ENGINEER, and will continue through the completion of this building acid the site development work subject to the provisions of SECTION IV. Construction is scheduled to begin on the renovation of the Dinner Key Recreation Center in August, and it is expected that the total construction time for both the building renovation and the site development will not exceed fifteen (15) months. Termination of 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 agree- ment between the CITY and the RESIDENT ENGINEER and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be maended only by written instrument signedby 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 of the WORK under this Agreement without the written consent of the CITY SECTION VIII - INSURANCE INDEMNIFICATION The RESIDENT ENGINEER agrees to obtain construction inspec- tion personal liability insurance in the amount of $100,000/$300,000 Liability Coverage and $50,000 Property Damage Coverage, and shall 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 MIAIMI is named as an additional insured, or otherwise provide proof of insurance to the satisfaction of the CITY. 1 1 1 tktSt tNT EGINEEP, a�.:o ag ees to obto`in i orltnat�'s Sat on Insurance and provide the CITY With proof of said insur- the satisfaction of the CITY. Upon presentation of invoices for the above insurance, CITY shall reimburse the RESIDENT ENGINEER forthwith. SECTION IX - RIGHT OF DECISIONS Although the RESIDENT ENGINEER will act with authority With to administration of the contract documents as set forth in Section I; he shall have noauthority 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 OF THE DEPARTMENT OF PUBLIC WORKS. During construction, if a situa- tion 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 or supersede the liabilities of the CONTRACTOR or CONTRACTORS 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: THE CITY OF MIAMI, a municipal corporation of the State of Florida By: Attest; CITY CLERK APPROVED AS TO FORM AND C o;� TNESS : DI GEORGE F, KNOX, JR. CITY ATTORNEY -6- 1. 4, 6. 6. Ekfttt3t'1' "A" Itt1bEt ! Et4Git tR bEHEFi r.1,e,A, Self Employment Tax Differential Health and Major Medical Insurance Workmen's Compensation Insurance Construction Inspection and Personal Liability IhsuY.ande Twenty (20) working days Annual Vacation or Sick Leave All National Holidays New Year's Day Washington's Holiday Memorial Day Independence Day Labor Day Columbus Day t Veteran s Day Thanksgiving Day Christmas � 't': �."!`�,:;p4 ;:r ;,(=�.0 .�;!'�,.,'�^�� .«.b.,....`.'.LiF:,i:�";.'�._.�._n?_'?....1e°S "��;•�'1a +F'�.:;k h, �'