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HomeMy WebLinkAboutR-82-1040day of NOVEMBER , 1982. MAURICE A. FERRE M A Y O R APPROVED AS TO FORM AND CORRECTNESS: 7-82-83 114 l RESOLUTION NO. S "-1V 40 M-82-747 7/29/82 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORMATTACKED HERETO, WHICH HAS BEEN NEGOTIATED WITH GREENLEAF-TELESCA, PLANNERS, ENGINEERS AND ARCHITECTS FOR THE PLANNING, DESIGN AND CONSTRUC- TION CONSULTATION FOR THE DINNER KIY MARINA RENOVATION AND EXPANSION PROJECT; AL 1,0CATING FUNDS TIIEREFOI, IN THE AMOUNT OF $413,000 FROM RETAINED EARNINGS FROM MARINA OPERATIONS. WHEREAS, it was necessary for the City to engage an architec- tural/engineering firm to render professional and technical ser- vices for the planning, design and construction consultation of said project; and WHEREAS, the City Commission, by Motion 82-747 on July 29, 1982, approved the selection by the City Manager cf Greenleaf- Telesca, as the most qualified firm to provide professional architectural/engineering services for said project and author- ized the City Manager to negotiate the herein attached Agreement with said firm for the professional and technical services re- quired; and requested that the said negotiated Agreement be presented for formal ratification and approval; 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, between the City of Miami and Greenleaf-Telesca to provide professional and technical services for the planning, design and construction cons-altation of the proposed "Dinner Key Marina Renovation `.nd Expansion" , %.A th funds therefor hereby allocated in the amount of $413,000 from netained Earnings from Marina Operations. PASSED AND ADOPTED this 4 ST- RALKi G. ONGIE, CITY CLERK PREPARED APPROVED BY: t ROBERT F . CLTJ'.K D0?UTY CITY ATTORNEY et-F. JffE R. GARCIA-PEDROSA ATTORN; It C( COMMISSION r I PTI r. of 1982 J�V 1V 0 �G iLtid t `y r l AGREEMENT This Agreement made this )-I day of fu � , 1982 by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called the CITY and GREENLEAF/TELESCA.PLANNERS. ENGINEERS. ARCHI- TECTS, INC., hereinafter called the PRINCIPAL. I.ITTNFCCFTW WHEREAS, the CITY proposes to renovate the existing marina facilities at the Dinner Key Marina on city -owned property located in Miami, Florida, hereinafter called the PROJECT; and WHEREAS, the CITY desires to engage an architectural/engineering firm to render the necessary professional and technical services, hereinafter called the WORK, for the planning, design and construction consultation of the project; upon the terms, conditions, and provisions hereinafter set forth; and WHEREAS, the Commission of the City of Miami has by Motion 32-747, dated 29 July 1982, approved the recommendation by the City Manager of Greenleaf /Telesca.Planners.Enaineers.Architects, Inc. as the most qualified firm to provide professional architectural/engineering services for the project and has also authorized the City Manager to negotiate an aareement with said firm for the professional and technical services required for the project; NOW, THEREFORE, the CITY and the PRINCIPAL for the considerations hereinafter set forth, agree and covenant one unto the other as follows: SECTION 1 - GENERAL SCOPE OF WORK 1.1 General 1.1.1 Work Program: For the subject project to be successfully completed, the work program is to consist of four (4) distinct phases. Each phase shall require the active involvement of both the PRINCIPAL and the CITY as hereinafter described. 1.1.2 Professional Services: The PRINCIPAL shall perform professional services as hereinafter stated which include normal civil, structural, mechanical and electrical engineering services as well as architectural and landscape architectural services. Page 1 of 24 )x1� Phases of Work: The four (4) phases of the work program are idehtified at follows: Phase I - Pre -Design Engineering Services Phase II - City Program and Finance Decisions Phase III - Final Design/Construction Documents Phase IV - Construction Consultation 1.1.4 Project Financing: The CITY intends to finance the PROJECT by means of bond sales. For the purpose of this Agreement, the PROJECT budget shall be developed to provide for the following: 1) Financial services, including legal and financing fees, capitalization and reserved funds and related expenses. 2) Design services, including: a) fees for the architectural/engineering firm b) surveys, soils investigations and related expenses c) inspections, testing and related expenses d) administration, reproduction and related expenses 3) Construction of the PROJECT improvements 4) Art work 5) PROJECT contingencies 1.1.5 Funds Available for Design: The PRINCIPAL shall design the project within the funds available to the CITY for this purpose as established by the CITY when the PROJECT master plan is approved in Phase II. 1.1.6 Compliance: The PRINCIPAL shall, in the preparation of plans and specifica- tions comply with all federal, state and local codes, ordinances and regulations pertaining to the design and construction of the project. 1.1.7 Definitions: A. CITY - is hereby defined as The City of Miami, Florida. B. CITY MANAGER - is hereby defined as the City Manager of the City. C. DIRECTOR - is hereby defined as the Director of the Department of Public Works. PRINCIPAL - is hereby defined as Greenleaf/Telesca.Planners, Engineers.Architects, Inc. Page 2 of 24 82--1040 ;4 1 EPRCJECT - is hereby defined as the renovation of the exist- ing marina facilities at the Dinner Key Marina, Miami, Florida, consisting of the development of a new master plan for the marina, demolition of existing docks and piers as necessary; construction of approximately 500 new slips with utilities, including approximately 160 live-aboards slips; commercial boat slips; sailboat rental slips and transient piers; trailer boat ramp renovation with parking; seawall renovation, replacement and repairs; a secondary marina service's office with dock to accommodate fuel ina faci 1 i- ties, bait and tackle facilities, water taxi shelter; and site improvements, landscaping, promenades, parking, site furnishings and graphics within a 25 to 50-foot wide strip along the bulkhead. F. ART WORK - is hereby defined as the art work to be provided based on the scope of the PROJECT as set forth in City Ordinance No. 8227 and Dade County Ordinance No. 73-77. The PRINCIPAL shall make every possible effort to have space for the art work included as a basic part of the PROJECT design. G. WORK - is hereby defined as all the professional and tech- nical services to be rendered or provided by the PRINCIPAL for the PROJECT, as described in Par. 1.1.2, PROFESSIONAL SERVICES, hereof. H, CONSTRUCTION COST - is hereby defined as the total final construction contract cost of the PROJECT to the CITY but it shall not include any PRINCIPAL's fees or special consul- tant's fees or the cost of any survey, legal, finance, administration or similar services and land acquisition furnished by the CITY or any cost of furniture or furnishing or unattached equipment purchased by the CITY. I. LUMP SUM FEE - is hereby defined as the amount of money the CITY agrees to pay and the PRINCIPAL agrees to accept as payment in full for all the professional and technical services rendered pursuant to this agreement, to complete the WORK as further defined in Par. 1.1.2, PROFESSIONAL SERVICES, hereof. J. PROJECT MANAGER - is hereby defined as the Manager of the PROJECT for the CITY. K. PAYROLL COST - is hereby defined as the straight -time portion of wages and salaries subject to Federal Income Tax of the PRINCIPAL's technical personnel, including but not limited to Architects, Engineers, Planners, Designers, Draftsmen, Specification Writers, Estimators, and other technical personnel, stenographers, typists and clerks engaged directly on the PROJECT. The PAYROLL COST charged Page 3 of 24 against the PROJECT for any personnel, including PRINCIPALS, shall not exceed 2.75 times actual payroll cost. L. REIMBURSABLE EXPENSES - means the actual expenses directly or indirectly incurred in connection with the PROJECT for: transportation and subsistence incidental thereto for out-of-town travel; obtaining bids or proposals from contractors; furnishing and maintaining field office facilities; subsistence and transportation of resident PROJECT representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, drawings and - specifications, and similar PROJECT related items in addition to those required under Section 1; computer time including an appropriate charge for previously established programs; and, if authorized in advance by the CITY, overtime work requiring higher than regular rates. 1.2 Phase I, Pre -Design Enaineerina Services After written authorization to proceed from the Director or his designee, the PRINCIPAL shall: 1.2.1 Engineering Analysis: Perform an engineering analysis of the existing marina to determine the structural integrity of piers "2" and "5" and identify the cost benefit of maintaining these piers which, from an enaineerina standpoint, might be maintained in the new marina design. 1.2.2 Design '?emorandum: Prepare a design memorandum with appropriate exhibits so as to determine the marina fleet and set forth the type, size and wet slip design and marina amenity package appropriate for the CITY's marina. 1.2.3 Drawings: Prepare engineering and architectural drawings at a scale of 1"=100' to graphically depict the marina configuration, and conceptual master plan with amenities representing a proposed marina program based on information developed in the design memorandum noted above in Par. 1.2.2. These architectural and engineering drawings shall consist of one conceptual site plan and appropriate sections and/or detail drawings to highlight various aspects of the marina such as fueling facilities, pier design, utility hook-ups, pedestrian amenities, graphics, etc. � 4}x EM 1,2,4 Submission of Documents: Furnish five copies of the design memoranda described in Par. 1.2.1 and 1.2.2 above and five copies of the architectural and _= engineering drawings described in Par. 1.2.3 to the CITY and Page 4 of 24 82-1 40 present and review these documents in person .rith the CITY and citizen interest groups. The number of presentations shall be limited to three meetings. One of the five copies of the graphic master plan drawing shall be in color. 1.2.5 Review of Documents: The CITY shall then review all documents prepared by the PRINCIPAL and shall review all recommendations made by the PRINCIPAL which led the PRINCIPAL to the development of the proposed marina program as depicted in architectural and engi- neering drawings presented to the CITY as noted above. The CITY shall make a determination as to the acceptability of the pro- posed marina program and shall direct the PRINCIPAL to modify said program as the CITY believes appropriate in order to establish a marina program acceptable to the CITY. At the con- clusion of the CITY's review, the CITY shall set forth in — writing a statement of the desiqn criteria which the PRINCIPAL is to use when proceeding with subsequent design activities for the PROJECT. Said desiqn criteria shall be based upon the information developed in Phase I as noted above (and the public review and meetings to review documents prepared during Phase I as described above.) 1.2.6 Preparation of Design Documents: After receipt of the CITY's written direction concerning Design Criteria as established in Par. 1.2.5, the PRINCIPAL shall: 1.2.6.1 Prepare preliminary drawings and outline specifica- tions. Based on approved desion criteria prepared under preceding Section 1.2.5, plan drawings are to be prepared at a scale of 1"=50'. 1.2.6.2 Prepare a construction improvement phasing schedule which sets forth how construction is to proceed so as to complete the project as quickly as possible and at the same time cause minimum disruption to existing marina operations. 1.2.6.3 Based on the information developed in 1.2.6.1 and 1.2.6.2, above, the PRINCIPAL shall submit an estimate of the probable construction cost of the PROJECT. 1.2.6.4 Furnish five (5) copies of the above design documents and present and review them in person with the CITY and citizen interest groups. The number of presenta- tions shall be limited to three meetings. One of the five copies of the graphic master plan drawing shall be in color. 1.3 Phase II, City Proqram and Financial Decisions After reviewing the above preliminary drawings and preliminary construction cost estimates, the CITY shall: Page 5 of 24 82-1040 W 4i 1.1.1 Employment of Economic Consultant: Employ a special economic consultant to develop economic pro forma data and other financial data associated with the marina in order to assist the CITY in the sale of bonds to finance the PROJECT. The CITY shall enter into a separate contract with said special economic consultant. 1.3.2 Obligation of CITY to Economic Consultant: The PRINCIPAL shall provide the CITY and/or its economic con- sultant, when requested in writing, information necessary in order to properly prepare economic pro forma data and prepare for the sale of bonds. 1.3.3 Authorization to Proceed: Based upon information gathered in Phases I and II, and the advice obtained from the CITY's economic consultant, the CITY shall make a final decision on proceeding with the PROJECT. If the CITY decides to proceed with the PROJECT, it shall so advise the PRINCIPAL in writing. Such written authorization shall identify the design criteria which is to be used in the con- struction documents by the PRINCIPAL. In addition, said written authorization shall firmly establish the construction budget which the PRINCIPAL is to use when designing the project. 1.4 Phase III, Final Desion/Construction Documents After written authorization from the Director or his designee to proceed with the final design phase, the PRINCIPAL shall: 1.4.1 Final Drawinas and Specifications: On the basis of accepted preliminary design documents and established construction budget, prepare for incorporation in the contract documents final drawings and specifications to show the character and scope of the work to be performed by the contractor(s) on the PROJECT. 1.4.2 Submittals: Furnish to the CITY such documents and design data as may be required for and assist in the preparation of, the required documents so that the CITY may obtain approvals of such governmental authorities as have jurisdiction over the design criteria applicable to the PROJECT and assist in obtaining such approvals from said authorities. 1.4.3 Adjustments in Estimated Construction Costs: Advise the CITY in writing of any adjustments to the latest estimate of probable construction cost caused by changes in the scope, design requirements or changes in the construction market. Page 6 of 24 82-1040 1,4►4 Bidding Documents: Prepare bid forms, notice to bidders, instructions to bidders, general conditions and supplementary conditions and assist in the preparation of other related documents in accordance with the standard documents normally used by the CITY for construc- tion projects. 1.4.5 Submission of Bidding Documents: Furnish two (2) copies of the above documents as described in Par. 1.4.1 and 1.4.4 and present and review them in person with the CITY. 1.4.6 Obtaining Bids: Assist the CITY in obtaining bids. 1.4.7 Evaluation of Contractors: Consult with and advise the CITY as to the acceptability of subcontractors and other persons and organizations proposed by a prime contractor for those portions of the work when such acceptability is required by the contract documents. 1.4.8 Evaluation of Substitute '-Iaterials: _ Consult with and advise the CITY as to the acceptability of substitute materials and equipment proposed by the contractors when substitution is permitted in the contract documents. 1.4.9 Evaluatino Bids: Assist the CITY in evaluating bids or proposals and in assem- bling and awarding contracts. 1.5 Phase IV, Construction Consultation During the construction phase the PRINCIPAL shall: 1.5.1 Communications with Contractors: Consult with and advise the CITY and act as the CITY's represen- tative as provided in the construction contract documents devel- oped and approved by the CITY. The extent and limitation of duties, responsibilities and authority of the PRINCIPAL as as- signed in said construction documents shall not be modified without the PRINCIPAL's written consent. All the CITY's instruc- tions to the contractor will be issued through the PRINCIPAL who will have authority to act on behalf of the CITY to the extent provided in said standard general conditions in the subject construction contract, except as otherwise provided in writing. Page 7 of 24 82- 10040 1.5.2 On -Site Observations: Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in aeneral if the work is proceeding in accordance with the contract documents; the PRINCIPAL shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of work; he shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to t;ie work of contractors. His efforts will be directed toward providing assurance for the CITY that the completed project will conform to the contract documents, but he shall not be responsible for the failure of the contractor to perform the construction work in accordance with the contract documents. During such visits and on the basis of his on -site observations, he shall keep the CITY informed of the progress of the work, he shall endeavor to guard the CITY against defects and deficiencies in the work of the contractor, and may disapprove or reject work as failing to conform to the contract documents. 1.5.3 Shop Drawings: 1.5.4 Review and approve the shop drawings (as that term is defined in the aforesaid standard general conditions) and samples, the re- sults of tests and inspections and other data which the con- tractor is reauired to submit but only for conformance with the design concept of the project and compliance with the informa- tion given in the contract documents; determine the acceptabil- ity of substitute materials and equipment proposed by the con- tractor; and receive and review (for general content as required by specifications) maintenance and operatina instructions, schedules, guarantees, bonds and certificates of inspection which are to be assemmibled. by the contractor in accordance with the contract documents. Retain a copy of all shop and working drawings, duly approved by the PRINCIPAL, for permanent CITY records. Contractor's Performance: Issue all instructions of the CITY to the contractor; prepare routine change orders as required; the PRINCIPAL may, as the CITY's representative, require special inspections or testing of the work; he shall act as interpreter of the requirements of the contract documents and judge of the performance thereunder by the parties thereto and shall make decisions on al 1 cl aims of the CITY and the contractor relating to the execution and prog- ress of the work and all other matters and questions related thereto; the PRINCIPAL shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. Page 8 of 24 82-1040 i J 1.5.5 Payments to a Construction Contractor: Based on his on -site observation as an experienced and qualified design professional and on his review of the contractor's appli- cations for payment and the accompanying data and schedules, determine the amounts owing the contractor and approve in writ- ing payments to the contractor in such amounts; such approvals of payment will constitute a representation to the CITY based on such observations and review that the work has progressed to the point indicated and that, to the best of his knowledge, informa- tion and belief the quality of the work is in accordance with the contract documents (subject to an evaluation of the work as a functioninq project upon substantial completion, to the re- sults of any subsequent test called for in the contract doc- uments and to any qualifications stated in his approval), but by approving an application for payment the PRINCIPAL will not be deemed to have represented that he has made any examination to determine how or for what purposes any contractor has used the monies paid on account of the contract price, or that title to any of the contractor's work, materials, or equipment has passed to the CITY free and clear of any lien, claims, security inter- est or encumbrances. 1.5.6 Final Inspection: Conduct an inspection to determine if the PROJECT is substan- tially complete and a final inspection to determine if the PROJECT has been completed in accordance with the contract doc- uments and if each contractor has fulfilled all of his obliga- tions thereunder so that the PRINCIPAL may approve, in writing, final payment to each contractor. At the completion of construction of the PROJECT, the PRINCIPAL shall deliver to the CITY written certification that to the best of the PRIdCiPAL's knowledge the PROJECT has been constructed in accordance with CITY approved construction plans and specifica- tions and CITY approved chanoe orders; and shall furnish such other written certificates as may be required by law and regulations applicable to the PROJECT. The Construction Phase shall be completed when the PRINCIPAL has delivered the aforesaid certificates, including "as built" plans, to the CITY; and the City Commission has accepted said PROJECT. 1.5.7 Acts or Omissions by Contractor: The PRINCIPAL shall not be responsible for the acts or omissions of any contractor, any subcontractor or any of the contractors' or subcontractors' agents or employees or any other persons (ex- cept his own employees and agents) at the PROJECT site or other- wise performing any of the work of the PROJECT. Page 9 of 24 82-wig 1,5,8 Resident Services: If resident services during construction are required by the CITY, such services shall be provided for in accordance with Section 2 of this contract providing for additional services of the PRINCIPAL. SECTION 2 - ADDITIONAL SERVICES OF PRINCIPAL 2.1 General: If authorized in writing by the Director or his designee, PRINCIPAL shall furnish or obtain from others additional services of the follow- ing types which are not considered normal or customary basic services; these will be paid for by the CITY as indicated in Section 5. 2.1.1 Applications and Supporting Documents: Preparation of applications and supporting documents for govern- ment grants or loans in connection with the PROJECT; preparation or review of environmental assessments and impact statements; and assistance in obtaining permits and approvals of authorities havinq jurisdiction over the anticipated environmental impact of the PROJECT. 2.1.2 Verification of Information: Services to make measured drawings of or to investigate existing conditions or facilities or to verify the accuracy of drawings or other information furnished by the City, except for those basic services as described in Par. 1.2.1 and 1.2.2. 2.1.3 Changes in Scope: Services resulting from changes in general scope of the project or its design including but not limited to changes in size, complexity, CITY's schedule or character of construction; and revising previously accepted studies, reports, design documents or contract documents when such revisions are due to causes beyond the PRINCIPAL's control. 2.1.4 Renderinas/Models: Providing renderings or models for CITY's use. 2.1.5 Alternate Bids: Preparing documents for alternate bids requested by CITY. 2.1.6 Special Consultants: Furnishing the services of special consultants for other than normal civil, structural, mechanical and electrical engineering and normal architectural and landscape architectural design incidental thereto such as consultants for interior design, Page 10 of 24 � 00 %J �� 6 -A selectior of interior furniture and furnishings and communi= cations. 2.1.7 Additional Prime Contracts: Services resulting from the involvement of more than one prime contract for construction. 2.1.8 Travel: Services during out-of-town travel required of the PRINCIPAL shall be requested and made, if authorized in writing as per Par. 2.1. 2.1.9 As -Built Drawings: Preparing for CITY, on request, a set of reproducible record prints of drawings showing those changes made during the con- struction process based on the marked -up prints, drawings and other data furnished by contractor(s) to PRINCIPAL and which PRINCIPAL considers significant. 2.1.10 Extended Services: Additional or extended services during construction made neces- sary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or neglected work of any contractor, 3) prolongation of the contract time of any prime contract by more than 60 days, 4) acceleration of the work schedule involving services beyond normal working hours, and 5) default by any contractor. 2.1.11 Manuals: Preparation of operating and maintenance manuals; assistance in the utilization of any equipment or system (such as initial start-up, testing, adjusting and balancing) and training per- sonnel for operation and maintenance. 2.1.12 Guarantee Period Inspections: Services after completion of the construction phase, such as inspections during any guarantee period and reporting observed discrepancies under guarantees called for in any contract for the PROJECT. 2.1.13 Consultant or Witness: Preparing to serve or serving as a consultant or witness for the CITY in any litigation or other legal or administrative proceed- ings involving the PROJECT other than public hearings before the City Commission as provided for in Basic Services. Pa9e 11 of 24 82-1040 6 J LI A 4 Other Services: Additional services in connection with the project such as a Mooring Demonstration/Design/Construction Project and including services normally furnished by the CITY and services not otherwise provided for in this Agreement. - 2.2 Resident Services Durina Construction 2.2.1 Resident Project Representative: If requested by the CITY and agreed to in writing, a resident PROJECT representative and assistant will be furnished and will act as directed by the PRINCIPAL in order to provide more exten- sive representation at the PROJECT site during the construction phase. Services will be paid for by the CITY as indicated in Par. 5.1.2.5. 2.2.2 Specific Duties and Responsibilities: The duties and responsibilities and the limitations on the authority of the resident PROJECT representative and assistants will be set forth in Exhibit A which is to be identified, at- tached to and made a part of this Agreement before such services begin. 2.2.3 General Duties & Responsibilities: Throuah more extensive on -site observations of the work in pro- gress and field chec' s of materials and equipment by the resi- dent PROJECT representative, PRINCIPAL shall endeavor to provide further protection for CITY against defects and deficiencies in the work, but the furnishing of such resident PROJECT represen- tation will not make PRI'CIPAL responsible for construction means, methods, techniques, sequences or procedures or for safety precautions, or programs, or for contractor(s) failure to perform the construction work in accordance with the contract documents. 2.2.4 Approval by CITY: If the CITY requires a resident PROJECT representative, said representative will be employed by the PRINCIPAL. However, the CITY reserves the right to approve the specific individual chosen by the PRINCIPAL to serve as the resident PROJECT representative. If during the course of construction, the CITY determines it no longer approves of the resident PROJECT representative, it can request the PRINCIPAL to replace said individual with another employee and the CITY will maintain the same right of approval. However, in the case where a change in the resident PROJECT representative is demanded by the CITY, the PRINCIPAL shall have 30 days in which to select a new individual and receive approval from the CITY for said individual. Page 12 of 24 82- 11040 SECTION 3 - CITY'S RESPONSIBILITIES The CITY shall: 3.1 Project Requirements Provide full information as to requieeMents for the project: 3.2 Information Assist the PRINCIPAL by placing at his disposal all available informa- tion pertinent to the PROJECT including previous reports and any other data relative to design and construction of the PROJECT. 3.3 Test Data and Services Furnish to the PRINCIPAL, as required by him for performance of his basic services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrological surveys, aerial photographs, laboratory tests and inspection of samples, mate- rials and eouipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, right -of -tray, topogra- phical and utility surveys and property description; zoning and deed restrictions; and other special data or consultations not covered in Par. 2.1; all of which the PRINCIPAL may rely upon in performing his services. 3.4 Survevs Provide engineering surveys as required to proceed with the work. 3.5 Access Guarantee access to and make all provisions for the PRINCIPAL to enter upon public and private property as required for the PRINCIPAL to pro- vide his services. 3.6 Document Review Examine all studies, reports, sketches, drawings, specifications, pro- posals and other documents presented by the PRINCIPAL, obtain advice of an attorney, insurance counselor and other consultants as he deems ap- propriate for such examination and render in writing decisions pertain- ing thereto within a reasonable time so as not to delay the services of the PRINCIPAL. 3.7 Bids and Proposals Pay all costs incidental to obtaining bids or proposals from con- tractors. Page 13 of 24 8'-IL040 i 4 M Legal, Accounting, Cost Estimating, Insurance and Audit Services Provide such legal, accounting, independent cost estimating and insu- rance counseling services as may be required for the PROJECT and such auditinq service as the CITY may require to ascertain how or for what purpose any contractor has used the monies paid to him under the con- struction contract. 3.9 CITY's Representative Designate in writinq a person to act as the CITY's representative with the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, in- terpret and define the CITY's policies and decisions with respect to materials, equipment, elements and systems pertinent to the PRINCIPAL's services. 3.10 Notice of Defects Give prompt, written notice to the PRINCIPAL whenever the CITY observes or otherwise becomes aware of any defect in the project. 3.11 Permits and Aoorovals Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the PROJECT. 3.12 Additional Services Furnish or direct the PRINCIPAL to provide the necessary additional services as stipulated in Section 2 of this Agreement or other services as required. 3.13 Incidental Costs Bear all costs incidental to compliance with the requirements of Section 3. SECTION 4 - PERIOD OF SERVICE 4.1 General The provisions of Section 4, Par. 4.2 through 4.10 inclusive, and the various rates of compensation for PRINCIPAL's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the PROJECT through completion of the construction phase. The PRINCIPAL's obligation to render services hereinunder will extend for a period which may reasonably be required for the design, award of contracts and construction of the PROJECT including extra work and required extensions thereto. Page 14 of 24 S'Z-1€ 40 4.2 Phase I For services called for in Phase I as identified in Par. 1.2.1 through 1.2.6, the PRINCIPAL shall complete such services and submit required reports and data within 120 calendar days following the authorization to proceed with that phase of services. This timeframe is the best es- timate of the time required to provide such services prior to beginning the PROJECT. It is recognized there may be significant public partic- ipation and demand for multiple meetings in order to allow the public to properly participate in the development of design criteria. There- fore, this calendar date period may be extended due to the requirements of public participation or CITY approvals. 4.3 Phase II It is recognized that Phase II of the PROJECT as described in Par. 1.3.1 through 1.3.3 is the responsibility of the CITY. The CITY will proceed in a diligent fashion to accomplish activities associated with Phase II. The PRINCIPAL will cooperate with the CITY and provide information in a timely fashion so as to not delay the CITY in a accomplishing its responsibilities in Phase II. 4.4 Phase III After acceptance by the CITY of the preliminary design documents and revised estimate of probable PROJECT cost, indicating any specific modifications or changes in scope desired by the CITY and upon written authorization from the CITY, the PRINCIPAL shall proceed with the performance of services called for in Phase III, Final Design/ Con- struction Documents, so as to deliver contract documents and a revised opinion of estimated PROJECT cost for all authorized work on the PROJECT within ISO calendar days after the authorization to proceed with this phase of services. 4.5 Completion Dates The PRINCIPAL's services under the various phases of the PROJECT as described herein shall each be considered completed at the earlier of 1) the date when the submissions for that phase have been accepted by the CITY, or 2) 60 days after the date when such submissions are delivered to the CITY for final acceptance, plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction over design criteria applicable to the PROJECT. 4.6 Commencement of Construction Phase The construction phase will commence with the execution of the first prime contract to be executed for the work of the PROJECT or any part thereof and will terminate upon the written approval of the PRINCIPAL of final payment on the last prime contract to be completed. Construc- tion phase services may be rendered at different times in respect to separate prime contracts if the contract involves more than one prime contract. Page 15 of 24 82-1040 4.1 Additional Prime Contracts In the event that the work of the project is to be performed under more than one prime contract, the CITY and the PRINCIPAL shall, prior to commencement of Phase III, Final Design/Construction Documents, develop a schedule for performance of the PRINCIPAL's services during the final design, bidding or negotiations, and the construction phases in order to sequence and coordinate properly such services as applicable to the work under such separate contracts. The schedule is to be prepared whether or not the ,.,crk under such contracts is to proceed concurrently and is to be attached as an exhibit to and made a part of this Agreement and the provisions of Par. 4.4 through 4.6 inclusive will be modified accordingly. 4.8 Modifications If the CITY requests modifications or changes in the scope of the PROJECT, the time of performance of the PRINCIPAL's services shall be adjusted appropriately. 4.9 Delays If the PRINCIPAL's services for design or during construction of the project are delayed or suspended in whole or in part by the CITY for more than 4 months for reasons beyond the PRINCIPAL's control, the PRINCIPAL shall, on .,,ritten demand to the CITY, (but without termina- tion of this aareement) be paid as provided in this Agreement for the services delayed or suspended. If such delay or suspension extends for more than one year for reasons beyond the PRINCIPAL's control, or if the PRINC:PAL for anv reason is required to render services more than one year after substantial completion, the various rates of compensa- tion provided for elsewhere in this Agreement shall be subject to rene- gotiation. SECTION 5 - PAVIENT TO THE PRINCIPAL 5.1 Method of Payment for Services and Expenses to the PRINCIPAL 5.1.1 Basic Services: For basic services rendered in Phase I as outlined in Par. 1.2.1 through 1.2.6, the PRINCIPAL shall be paid a lump sum fee of One Hundred Five Thousand Four Hundred and No/100 Dollars ($105,400.00). Said fee is to be paid monthly to the PRINCIPAL based upon the percentage of completion of tasks associated with the described work as invoiced by the PRINCIPAL and agreed to by the CITY. For basic services associated with assisting the CITY in the completion of Phase II, City Finance and Program Decisions, as outlined in Par. 1.3.1 through 1.3.3, the Page 16 of 24 82-1: 40 4 PRINCIPAL shall be paid at Payroll Cost as defined in Par. 1.1.7 times a factor of 2.75 for every hour of service required by the CITY based upon written authorization plus the cost of reimbursable expenses. Said fees will be billed monthly based upon services rendered. 5.1.1.3 For basic services associated with Phase III, Final Design/Construction Documents and Phase IV, Construc- tion Consultation, as described in Par. 1.4.1 through 1.4.9, and Par. 1.5.1 through 1.5.7, the PRINCIPAL shall be paid a lump sum fee of Two Hundred Forty Thousand Two Hundred and No/100 Dollars ($240,200.00) for Construction Documents and Forty-two Thousand Four Hundred and No/100 Dollars (S42,400) for Construction Consultation. Said fee is to be paid monthly to the PRINCIPAL based upon the percentage of completion of tasks associated with the described work as invoiced by the PRINCIPAL and agreed to by the CITY. 5.1`2 Additional Services: The CITY shall pay the PRINCIPAL for additional services rendered under Section 2 as follows: 5.1.2.1 Limit of Fee: The CITY shall limit itself to spend an amount not to exceed Twenty-five Thousand Dollars and No/100 ($25,000.00) for professional and technical services as outlined in SECTION 2 - ADDITIONAL SERVICES OF PRINCIPAL. 5.1.2.2 General: For additional services rendered under Par. 2.1.1 through 2.1.14 inclusive except for services covered by Par. 2.1.6 and services as a consultant or witness under Par. 2.1.13, on the basis of payroll cost times a factor of 2.75 for services rendered by PRINCIPAL and employees assigned to the PROJECT. 5.1.2.3 Special Consultants: For services expenses as special consultants PRINCIPAL pursuant to Par. 2.1.6 the the PRINCIPAL times a factor of 1.10. and reimbursable employed by the amount billed to 5.1.2.4 Serving as a Witness for the services of the PRINCIPAL and employees as consultants or witnesses in any litigation or legal proceedings in accordance with Par. 2.1.13 at a rate of S60 per hour for time serving as a witness and for time spent in preparing to appear in any such litigation or legal proceedings. 5.1.2.5 Resident Project Services: For resident services dur- ing construction furnished under Par. 2.2.1 on the basis of payroll cost times a factor of 2.5 for Page 17 of 24 4 services rendered by PRINCIPAL and employees assigned to field offices in connection with resident PROJECT representation. Reimbursable Expenses: In addition to payment provided for in Par. 5.1.1 and 5.1.2, the CITY shall pay the PRINCIPAL the actual cost of all reimbursable expenses incurred in connection with all basic and additional services times an administrative handling factor of 1.10. 5.2 Times of Payment 5.2.1 The PRINCIPAL shall submit monthly statements for basic and additional services rendered and for reimbursable expenses incurred. When compensation is on the basis of a lump sum, the statements will be based upon the PRINCIPAL's estimate of proportion of the total services actually completed at the time of billinq. Otnerwise, these monthly statements will be based upon the PRINCIPAL's payroll cost times a factor of 2.75. Cer- tified copies of the appropriate time sheets shall be submitted on a monthly basis. The CITY shall make prompt monthly payments in response to the PRINCIPAL's monthly statements. 5.2.2 If the CITY fails to make any payment to the PRINCIPAL for services and expenses within 60 days after receipt of the PRINCIPAL's bill therefore, the amount due the PRINCIPAL shall include a charge at a rate of 110 per month from said 60th day and in addition, the PRINCIPAL may, after giving seven days written notice to the CITY, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Termination of Aareement The CITY retains the right to terminate this Agreement at any time prior to completion of the WORK without penalty to the CITY. In that event, termination of this Agreement shall be in writing to the PRINCIPAL and the PRINCIPAL shall be paid for services rendered in each completed phase prior to termination in accordance with Section 5 - Payment to the Principal, provided however that the PRINCIPAL is not in default under the terms of this Agreement. If, however, the termination of this Agreement occurs during an incomplete phase, then the PRINCIPAL shall be paid at the rate of 2.75 times Payroll Cost plus all unpaid reimbursable expenses for those services rendered in such incomplete phase provided that the PRINCIPAL is not in default under the terms of this Agreement. In no case, however, will the CITY pay the PRINCIPAL a greater amount for an incomplete phase than would have been paid had the termination been made at the completion of the phase. Rage 18 of 24 82-10 40 • In the event of termination, all documents, plans, etc., as set forth in Par. 6.2 - Ownership of Documents, shall become the property of the CITY, with the same provisions of use as set forth in said Par. 6.2. 6.2 Ownership of Documents All tracings, plans, drawings, specifications, field books, survey information, maps, contract documents, reports and other data developed as a result of this .Agreement shall become the property of the CITY without restriction or limitation on their use. It is further stipulated that all information developed as a part of the PROJECT shall not be used by the PRINCIPAL without written consent of the CITY. It is further understood by and between the parties that any infor- mation, maps, contract documents, reports, tracing, plans, drawings, specifications, books or any other matter whatsoever which is given by the CITY to the PRINCIPAL pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PRINCIPAL for any other purpose whatsoever without the written consent of the CITY. It is further understood that no press releases or publicity is to be issued by the PRINCIPAL without prior submittal to the CITY and written approval from the CITY. 6.3 Estimate of Cost The PRINCIPAL shall submit to the CITY an Estimate of Project Con- struction Cost broken down into major categories. It shall be the obligation of the PRINCIPAL to produce a design which may be con- structed within the PROJECT budoet or any subsequent revision thereof approved by the CITY. Approval by the CITY of Pre -Design Studies and/or Preliminary Design Documents includes approval of the construction cost estimates submitted therewith only if so stated in writing by the CITY. If either the Statement of Estimated Construction Cost for the Pre-Desian Phase or the Estimate of Construction Cost for the Preliminary Design or Final Design/Construction Documents Phases is greater than the 6.2 million dollars budgeted by the CITY for this PROJECT, the CITY may require the PRINCIPAL to revise the Pre -Design Studies and/or the Preliminary Design Documents, and/or the Final Design/Construction Documents as necessary in order to bring the PRINCIPAL's revised Estimate of Project Construction Cost within the CITY's PROJECT budget. The work undertaken by the PRINCIPAL in revising the documents for the purposes of meeting the CITY's PROJECT budget shall be considered as part of the PRINCIPAL's Basic Professional Services at no addition in fee to the CITY. 6.4 Successors and Assiqns The PRINCIPAL 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. This Agreement shall be Page 19 of 24 82--1040 6 'A binding upon the parties hereto, their heirs; executots; legal representatives, successors and assigns. 6.5 Award of Aareement The PRINCIPAL warrants that he has not employed or retained any company or persons to solicit or secure this Agreement, that he has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other considerations contingent upon or resulting from the award or making of this Agreement. The PRINCIPAL also warrants that to the best of his knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement or the job, work, or services for the CITY in connection with the contract or construction of this PROJECT. The PRINCIPAL shall not engage during the period of this Agreement the serivices of any professional or technical person who has been at any time during the period of this agreement in the employ of the CITY. This does not apply to retired employees of the CITY. The PRINCIPAL is aware of the conflict of interest law of both the City of Miami and Dade County, Florida and agrees that he shall fully comply in all respects with the terms of said laws. 6.6 Extent of Agreement This Agreement represents the entire and integrated Agreement between the CITY and the PRINCIPAL and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instruments by both the CITY and the PRINCIPAL. 6.7 Right of Decisions All services shall be performed by the PRINCIPAL to the satisfaction of the Director of Public Works who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount, and value thereof, and the Director's decisions upon all claims, questions of fact, and disputes shall be final, conclusive and binding, upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. In the event that the PRINCIPAL does not concur in the judgement of the Director as to any decision made by him, the PRINCIPAL shall present his written objections to the City Manager; and the Director and the PRINCIPAL shall abide by the decision of the City Manager. Adjustment of compensation and contract time because of any changes in the WORE: that might become necessary or be deemed desirable as the WORK progresses shall be reviewed by the Director and the City Manager and submitted to the City Commission for approval. Page 20 of 24 82-104U SECTION 7 - SPECIAL PROVISIONS 7.1 Subconsultants The PRINCIPAL will use the following consultants during the course of this PROJECT. Sasaki Associates - Landscape Architect Charles C.Mitchell, PE - Land Side Civil Engineering Marilyn Reed - Environmental Concerns Power-Essman Associates - Structural Engineering Suboceanic Consultants, Inc. - Structural Engineering (analysis) 7,2 Truth in Neaotiations The PRINCIPAL hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time Gf contracting and that the original contract price and any additions thereto shall be adjusted to exclude any significant sum where the CITY determines the contract price was increased due to inaccurate, incomplete or non -current wage rate and other factual unit cost. Such adjustments shall be made within one year following the end of the Contract. 7.3 Riaht to Audit The CITY reserves the right to audit the records of the PRINCIPAL any time during the prosecution of this Agreement and for a period of one year after final payment is made under this Agreement. Notwithstanding any other provisions of this Agreement, in no event shall the payment of the Lump Sum Fee under Par. 5.1.1.1 herein, enable the PRINCIPAL to earn a profit of more than Twenty Percent (200) of the Lump Sum Fee. At the time of the final increment of that Lump Sum fee is due to be paid by the CITY to the PRINCIPAL pursuant to the terms of Section 5 herein, the PRINCIPAL shall submit to the CITY a certifica- tion of his total costs incurred and profits realized in providing the basic services as outlined in Section 5 herein. If such certification indicates profits in excess of the maximum set forth above, the PRINCIPAL shall simultaneously remit any overage to the CITY. The CITY reserves the right to audit the books and records of the PRINCIPAL and to adjust the amount of any such repayment in the light of said audit. In calculating the total costs incurred by the PRINCIPAL's own staff, the PRINCIPAL shall use a percentage overhead apl ied to the Payroll Cost as defined in Par. 1.1.7 herein. The percentage overhead shall be equal to the actual percentage overhead pertaining to all PRINCIPAL's 82-10 4Q 6 4. work in the last twelve (12) month period preceding the Agreement for which data are available. All services subcontractors to the PRINCIPAL shall be included at the paid by the PRINCIPAL and the percentage overhead shall nc 7.4 Insurance and Indemnification date of this provided by actual cost t apply. The PRINCIPAL shall provide insurance as required hereinbelow prior to commencing work in this Agreement. The PRINCIPAL shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of action arising out of error, omission or negligent act of the PRINCIPAL, its agents, servants or employees in the performance of his services under this Agreement. The PRINCIPAL shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the CITY when applicable, and shall pay all costs and judgements which may issue thereon. The PRINCIPAL shall maintain during the terms of this Agreement the following insurance: 7.4.1 Public Liability Insurance in amounts not less than $100,000.00 per person and S300,000.00 per accident for bodily injury and S50,000.00 per accident for property damage. 7.4.2 Automobile Liability Insurance covering all owned, non -owned, and hire vehicles in amounts as indicated in Par. 7.4.1 above. 7.4.3 Professional Liability Insurance in a minimum amount of $1,000,000.00 covering all liability arising out of the terms of this Aareement. A claims made policy form will be acceptable with a guarantee from the PRINCIPAL that he will maintain such policy for a minimum period of two years after completion of construction and submittal of certification as required under Par. 1.5.6 hereinabove. 7.4.4 Employers Liability Insurance in amounts as indicated in Par. 7.4.1 above. 7.4.5 Workman`s Compensation Insurance in the statutory amounts. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations of the PRINCIPAL. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida; and which are approved according to specifications of the Property Manager of the CITY. Page 22 of 24 82-1040 k The PRINCIPAL shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the PRINCIPAL has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days written notice to the CITY. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of his liability and obligations under this Section or under any portion of this Agreement. 7.5 Non -Discrimination 7.5.1 The PRINCIPAL shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The PRINCIPAL shall take affirmative action to ensure that applicants are employed, and the employees are treated durina employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The PRINCIPAL agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity Clause. 7.5.2 The PRINCIPAL shall, in all solicitations or advertisements for employees placed by or on behalf of the PRINCIPAL, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 7.5.3 The PRINCIPAL shall send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Personnel Officer, advising the labor union or workers' representative of the contractor's commitments under this Equal Opportunity Clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 7.5.4 The PRINCIPAL shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. 7,5.5 The PRINCIPAL shall furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375, of October 13, 1967, and by the rules, regulations and order of the Secretary of Labor, or Page 23 of 24 82-1040 i pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 7.5.6 In the event of the PRINCIPAL' s noncompliance with the Equal Opportunity Clause of this Agreement or with any of said rules, regulations or orders, this Agreement may be canceled, terminated or suspended, in whole or in part and the PRINCIPAL may be declared ineligible for further CITY contracts in accordance with procedures authorized in Executive Order No. 112a6 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 7.5.7 The PRIN`lCIPAL shall include the provisions of XVIII A through XVIII G in every subcontract or purchase order unless exempted by rules, reaulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, so that such provisions wi11 be binding upon each subcontractor or vendor. The PRINCIPAL shall take such action ,vith respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event the PRINCIPAL becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the PRINCIPAL may reeuest the CITY to enter into such litigation to protect the interests of the CITY. IN WITNESS WHEREOF, the parties hereto have, through their proper corporate officials, executed this Agreement, the day and year first above set forth. TEST: GREEN EAF/TELESCA.PLANNERS.ENGINEERS. ARNI CTS, INC. Secretary Francis E. Telesca, AIA, Pres. ATTEST: Cit.-,- Clerk A FM VED AS TP Project Manager I NSUR C : APPROVE%?'Y : Risk Management THE CITY OF MIAMI (a municipal corporation of the State of Florida) By: City Manager APPROVED AS TO FORM AND CORRECTNESS: Page 24 of 24 City Attorney 82-1040 ,gyp' Howard V. Gary City Manager Pandolph P.osencrantz Assistant City Manager October 20, 1982 Dinner Key marina Renovation & Expansion Enc;incerin<I & Architectural Services (City Comanission Meeting Agenda - November 4, 1982) IL is that the proposes resolution be adopted by the City Commission at its meeting scheduled for November 4, 1982, the City CommisSlon will aj)j:'?'ove an Agreement, in substantially the form attached hereto, nc;roti atcc: bj.' the City *,Iani(;c;r with GRj',EtiII:'�F-TLLFSCA, for encineerinci anc: archi.tectur_;l services in Connection 61 .ti1 the l:N` J E._ '.-.,;5: i_ .. GIF DINN.!,:2 KEY The costs Of the services to be paid f-rol;L retaine(I �,arnin(;s from Marina O;Dc,rati.ons. Th(--, City Co.:,:i;,i ssic;n b-. "lotion 82-74 7 , dated July 29, 1982 amp )'o' c(a the reCcm:7-e r- ation by the City Ilana:.e2" of Greenl.eaf- Telesc., , to C; . " _ r }l.'_' C � 1.._ a �.;�;= n 'ii1 -.. I: FC17•i ices for the plann].1^, desic;on mn l cc?1Strilcti-On consultation c-1 the project. Under the sa.',:" 1GtLUn, the City Co,,,,m]_ssion directed. the Cl t; :-1a)II l'iC`1" t0 tli;' Ci CC,....'.] SS1UI1 the I1C'C'Gt.] :�tGd Contract at the eal. St SC}l('.1lil.t'(1 I;.�.CtI.I: fU11Cl:�Ilc; the ne Otiation of S ;i i Cc,,!1:,1ct, fo1" ai j'I"Oval- by the Cl.t,,' CUi;Il11�SlOn I)r:Lo.r to exoc,. t ion . The j)r0j)0Sf-'(1 r0301.11t1 UI1 I=Vid('S f017 t}lt City COI11111i.SSi0I1 to ap-rov' - an i.ilri'Cm=nt, in substantially the 2_UI"lil attached hereto, t4i =}1 1"( UIl1C �!-`1C1C'SCI, and authorizes the City IManader to ex -cut— it in an a ?...oim t- of $41 3 , 000 , with funds therefore allocated frcr.i; Nar.inas Retained Earnings. ,