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Home My WebLink AboutRES.157.08-21-1985 ,�: �� BILL N0. 85-79 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF CAPE GIRARDEAU TO ENTER INTO A GOLF COURSE ARCHITECT CONTRACT WITH GARY KERN FOR THE DESIGN OF AN AUTOMATIC IRRIGATION SYSTEM FOR THE MUNICIPAL GOLF COURSE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Golf Course Architect Contract with Gary Kern for the design of an automatic irrigation system for the Cape Jaycee Municipal Golf Course . A copy of this contract is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS �1�DAY OF , 1985 . . . �. ; � `r .�.�-�.` �_ , � , �__��{_ Howard C . Tooke, Mayor ATTEST � � E elyn . Le rand Deputy ity Clerk � � . � - � . 1 � , : GOLF COURSE ARCHITECT CONTRACT AGREEMENT, enter ed into this 2� day of �!f��/�� , 1985 , between the City of Cape Girardeau , Missouri , hereinafter called "Owner" , and Gary Kern, Golf Course Architect, 10852G Pear Blossom Court, St. Ann, Missouri 63074, hereinafter called "Consultant" . By the terms of this agreement Owner does hereby employ Consultant to render professional services for the design of an automatic irrigation system for the Cape Jaycee golf course. It is understood that this system is to consist of irrigation capabilities for greens , tees , and fairways to be operated automatically by electric or hydraulic valves actuated by remote controllers . The design shall also include necessary modifications to the existing pumping stations to provide a totally automated system. Owner and Consultant, in consideration of the mutual covenants herein, agree as follows: Section I SERVICES OF CONSULTANT l . IN GENERAL: The Consultant agrees to perform professional services in connection with the project as stated herein . He will serve as Owner 's professional representative in those phases of the project to which this agreement applies and will give consultation and advice to the Owner during performance of his services as outlined herein. 2 . PRELIMINARY REPORT: Consultant will prepare a preliminary study on the project in sufficient detail to indicate clearly any problems involved and alternate solutions available to Owner , to include preliminary illustrative sketches and cost estimates . The preliminary report shall be submitted to Owner within forty-five (45 ) days after execution of this agreement (or 45 days after receipt of a topographic map, whichever occurs latest ) and shall be approved or returned to Consultant with a written request for revisions within forty-five (45 ) days after submission to Owner . 3 . FINAL DESIGN: After Owner 's approval of the Preliminary Report, Consultant will prepare the following documents: A. Working drawings and plans with sufficient detail to provide direction for Owner to obtain competitive bids and cause the project to be constructed, said drawings and plans to include: 1 . Irrigation plans to cover in detail all piping, sprinkler head type and location, valves , electrical controls , and pumping station modifications, as well as all interconnections with and revisions to existing irrigation system. 2 . Specifications for the proposed improvements . 3 . A bill of materials . 4 . Cost estimate. B. This agreement shall not include plans for buildings or structures of any nature which require architectural or engineering plans . 4 . DOCUMENTS: The Owner shall be furnished three complete sets of final documents as part of this agreement. If additional sets are required, they shall be paid for by the Owner at cost plus 25�. (Note: The cost of bidding documents and mailings to bidders shall be borne by Owner ) . 5 . BIDS: Consultatant shall assist Owner in securing bids from experienced contractors, and in analyzing such bids and advise Owner as to the lowest and best bidder . Section II OWNER' S RESPONSIBILITIES 1 . IN GENERAL: Owner shall provide full information regarding his requirements for the project, and shall assist Consultant by placing at his disposal all available information pertinent to the site or the project, including previous reports and any other data relative to the design and construction of the project. 2 . MAPS: Owner shall furnish , at his cost, any and all aerial photographs, property, boundary topographic, and other types of surveys which Consultnt may require in performing his services hereunder . In particular , an aerial photograph at a scale of 1"=100 ' , and a topographic map at a scale of 1"=100 ' will be required, both covering the entire eighteen holes . The topographic map shall show all existing structures on the site, tees, greens, fairways, bunkers, trees, cart paths, utility poles , and any other identifiable features . 3 . TESTS: Owner shall furnish the services of a soils engineer when such services are deemed necessary by Consultant, including reports, test borings, test pits , soil bearing values -2- and other necessary operation for determining subsurface conditions . 4 . PERMITS: Owner shall be responsible for obtaining all permits required by the proper regulatory agencies necessary to construct the project. 5 . CONSTRUCTION SUPERVISION: Owner shall provide any necessary staking, field supervision, inspection, and assume responsibility for the contractor 's compliance with plans and specifications . 6 . ADDITIONAL SERVICES: Owner shall furnish, or direct Consultant to provide at Owner 's expense, any necessary additional services required for completion of the project, which shall be agreed upon in advance by the two parties in writing. Section III GENERAL CONSIDERATIONS 1 . TERMINATION: This agreement may be terminated by either party by thirty (30 ) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating par ty. A. If this agreement is terminated by Owner without good cause on completion of any phase of Consultant 's services , the payments , to be made in accordance with Section IV, shall constitute total payment for all work completed. B. If this agreement is terminated by Owner without good cause during any phase of the work , Consultant shall be paid for services performed during such phase on the basis of a reasonable estimate of the portion of such phase completed prior to termination. 2 . ABANDONMENT: If Owner finds it necessary to abandon the project, Consultant shall be compensated for all work completed according to the schedule of payments set forth in Section IV hereof. Scheduled items not completed, but upon which work has been performed, shall be paid for upon the basis of a reasonable estimate of the portion of such work which is complete at the time of abandonment . 3 . OWNERSHIP OF DOCUMENTS: Al1 documents , including original drawings, their reproductions, estimates, specifications, field notes , and data are instruments of service and as such are and shall remain property of Consultant whether the project is executed or not . They are not to be used by Owner on other projects except by agreement in writing and with appropriate -3- •- � ..... compensation to Consultant . The Owner shall be permitted to retain copies of drawings and specifications for information and reference in connection with Owner 's use of the system. 4 . ESTIMATES: Since Consultant has no control over the cost of labor , materials or equipment, or over a contractor 's method of determining prices , or over competitive bidding or market conditions , the estimates of cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but he cannot and does not guarantee that bids or contract construction costs will not vary from estimates prepared by him. Section IV COMPENSATION Owner agrees to pay Consultant for professional services rendered under Section I .2 , I .3 and I .5 hereof a fee in the amount of Eight Thousand Seven Hundred Fifty Dollars ($8 ,750 .00 ) , payable in accordance with the following schedule: 1 . Upon completion of the Preliminary Report (Sec. I-2 ) $4 ,000 .00 2 . Upon completion of the Final Design (Sec . I .3 ) . . . . . . .$4 ,750 .00 This agreement executed the day and year first written above: OWNER: City of Cape Girardeau , Missouri By: Gary A. Ei ,e, City Manager CONSULTANT• Gary Kern, Golf Course Architect 10852G Pear Blossom Court St . Ann , Missouri 63074 � Gary Ker , Golf Course Architect -4- _ -y. GOLF COURSE ARCHITECT CONTRACT AGREEMENT, entered into this .Z_� day of �1 S/ , 1985 , between the City of Cape Girardeau, Missour , hereinafter called "Owner" , and Gary Kern , Golf Course Architect, 10852G Pear Blossom Court, St. Ann, Missouri 63074 , hereinafter called "Consultant" . By the terms of this agreement Owner does hereby employ Consultant to render professional services for the design of an automatic irrigation system for the Cape Jaycee golf course. It is understood that this system is to consist of irrigation capabilities for greens , tees , and fairways to be operated automatically by electric or hydraulic valves actuated by remote controllers . The design shall also include necessary modifications to the existing pumping stations to provide a totally automated system. Owner and Consultant, in consideration of the mutual covenants herein, agree as follows: Section I SERVICES OF CONSULTANT 1 . IN GENERAL: The Corisultant agrees to perform professional services in connection with the project as stated herein. He will serve as Owner 's professional representative in those phases of the project to which this agreement applies and will give consultation and advice to the Owner during performance of his services as outlined herein. 2 . PRELIMINARY REPORT: Consultant will prepare a preliminary study on the project in sufficient detail to indicate clearly any problems involved and alternate solutions available to Owner , to include preliminary illustrative sketches and cost estimates . The preliminary report shall be submitted to Owner within forty-five (45 ) days after execution of this agreement (or 45 days after receipt of a topographic map, whichever occurs latest) and shall be approved or returned to Consultant with a written request for revisions within forty-five (45 ) days after submission to Owner . 3 . FINAL DESIGN: After Owner 's approval of the Preliminary Report, Consultant will prepare the following documents: A. Working drawings and plans with sufficient detail to provide direction for Owner to obtain competitive bids and cause the project to be constructed, said drawings and plans to include: l . Irrigation plans to cover in detail all piping, sprinkler head type and location, valves, electrical controls , and pumping station modifications, as well as all interconnections with and revisions to existing irrigation system. 2 . Specifications for the proposed improvements . 3 . A bill of materials . 4 . Cost estimate. B. This agreement shall not include plans for buildings or structures of any nature which require architectural or engineering plans . 4 . DOCUMENTS: The Owner shall be furnished three complete sets of final documents as part of this agreement. If additional sets are required, they shall be paid for by the Owner at cost plus 25$. (Note: The cost of bidding documents and mailings to bidders shall be borne by Owner ) . 5 . BIDS: Consultatant shall assist Owner in securing bids from experienced contractors , and in analyzing such bids and advise Owner as to the lowest and best bidder . Section II OWNER'S RESPONSIBILITIES 1 . IN GENERAL: Owner shall provide full information regarding his requirements for the project, and shall assist Consultant by placing at his disposal all available information pertinent to the site or the project, including previous reports and any other data relative to the design and construction of the project. 2 . MAPS: Owner shall furnish , at his cost, any and all aerial photographs, property, boundary topographic, and other types of surveys which Consultnt may require in performing his services hereunder . In particular , an aerial photograph at a scale of 1"=100 ' , and a topographic map at a scale of 1"=100 ' will be required, both covering the entire eighteen holes . The topographic map shall show all existing structures on the site, tees , greens, fairways, bunkers, trees, cart paths, utility poles , and any other identifiable features . 3 . TESTS: Owner shall furnish the services of a soils engineer when such services are deemed necessary by Consultant, including reports , test borings , test pits , soil bearing values -2- � , , _ and other necessary operation for determining subsurface conditions . 4 . PERMITS: Owner shall be responsible for obtaining all permits required by the proper regulatory agencies necessary to construct the project . 5 . CONSTRUCTION SUPERVISION: Owner shall provide any necessary staking, field supervision, inspection, and assume responsibility for the contractor 's compliance with plans and specifications . 6 . ADDITIONAL SERVICES: Owner shall furnish , or direct Consultant to provide at Owner 's expense, any necessary additional services required for completion of the project, which shall be agreed upon in advance by the two parties in writing. Section III GENERAL CONSIDERATIONS 1 . TERMINATION: This agreement may be terminated by either party by thirty (30 ) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating par ty. A. If this agreement is terminated by Owner without good cause on completion of any phase of Consultant 's services , the payments , to be made in accordance with Section IV, shall constitute total payment for all work completed . B. If this agreement is terminated by Owner without good cause during any phase of the work , Consultant shall be paid for services performed during such phase on the basis of a reasonable estimate of the portion of such phase completed prior to termination . 2 . ABANDONMENT: If Owner finds it necessary to abandon the project, Consultant shall be compensated for all work completed according to the schedule of payments set forth in Section IV hereof. Scheduled items not completed, but upon which work has been performed, shall be paid for upon the basis of a reasonable estimate of the portion of such work which is complete at the time of abandonment . 3 . OWNERSHIP OF DOCUMENTS: Al1 documents , including original drawings, their reproductions , estimates, specifications, field notes , and data are instruments of service and as such are and shall remain property of Consultant whether the project is executed or not . They are not to be used by Owner on other projects except by agreement in writing and with appropriate -3- � �. �..�.-�.- compensation to Consultant . The Owner shall be permitted to retain copies of drawings and specifications for information and reference in connection with Owner 's use of the system. 4 . ESTIMATES: Since Consultant has no control over the cost of labor , materials or equipment, or over a contractor 's method of determining prices , or over competitive bidding or market conditions , the estimates of cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but he cannot and does not guarantee that bids or contract construction costs will not vary from estimates prepared by him. Section IV COMPENSATION Owner agrees to pay Consultant for professional services rendered under Section I .2 , I .3 and I .5 hereof a fee in the amount of Eight Thousand Seven Hundred Fifty Dollars ($8 ,750 .00 ) , payable in accordance with the following schedule: 1 . Upon completion of the Preliminary Report (Sec. I-2 ) $4 ,000 .00 2 . Upon completion of the Final Design ( Sec . I .3 ) . . . . . . .$4 ,750 .00 This agreement executed the day and year first written above: OWNER: City of Cape Girardeau , Missouri By: , � A. Ei e, City Manager CONSULTANT: Gary Kern, Golf Course Architect 10852G Pear Blossom Court St . Ann , Missouri 63074 G �� Gary Ker , Golf Course Architect -4- � - i , � 1��'� �.�� IIlf �II1Lr�P ,�Ct�i�Ptf ��T��icX��X�T.�t1�3� 10852-G Pear Blossom Court � �" t-3��X%��i�i3i�I�� St. I,ouis, Missouri 6307� 'IC�K�X��OQY$X Te131�/�28-133� April 17, 1985 Mr. Fred Boeckmann, City Attorney City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63701 Dear Mr. Boeckmann: I am in receipt of the revised contract for my services in connection with the proposed automatic irrigation system for the Cape Jaycee Golf Course. I do not forsee any problems with the revisions; the portions deleted were generally of a protective nature to me and usually unecessary. The deletion of the retainer payment would normally cause some concern, but since the first phase of the contract is due within 30 days of execution this will be acceptable. However, please note that my office will be moved sometime between today and April 22 to the following address: � 4013 Seven Hills Drive Florissant, MO 63033 (Telephone 314/837-8664) Perhaps this should be reflected within the contract. Best regards, � l�'�/ Gary Kern,` ASGCA Golf Course Architect D !, ;!' �1,i! APR 1 9 REc'o ';�.---____. ____ ��FI�� OF C�SY AT70RNEY MEMB�R AM�RICAN SOCI�TY OF GOI,F COURS� ARCHIT�CT5 ��t�� q _� �.� � � �� Dlf �IIIt�BE .�C�IfEtt ' ' 1085�-G Pear Blossom Court ' St. I,ouis, Missouri 6307� Te1314/��8-133� March 12, 1985 Mr. Gary A. Eide, City Manager City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63701 Dear Mr. Eide: Pursuant to my telephone conversation with Jeff Hancock earlier in the day, I am enclosing the original and one copy of a proposed contract agreement covering the design and construction supervision af an automatic irrigation system at Cape Jaycee golf course. I trust these will be satisfactory to the City Attorney; if not, feel free to make any necessary revisions. While not mentioned in the contract, my services to the City will include an overview and report of the entire golf course and its operation as discussed in my letter to you of February 22, 1985. Again, thank you and Jeff for your consideration of ine as consultant. I am looking forward to beginning the design process for this system and assisting you in improvements to make the golf course a first class municipal facility. Best regards, � I�"� Gary Kern ASGCA Golf Course Architect M�MBER AMERICAN SOCI�TY OF GOLF COURSE ARCHIT�CTS