The URL can be used to link to this page

Home My WebLink AboutRES.2199.07-17-2006 BILL NO. 06-159 RESOLUTION NO. �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CREATIVE SCULPTURE & RESTORATION, INC. , TO CONDUCT A CEMETERY RESTORATION AND MAINTENANCE WORKSHOP, AND OTHER RELATED SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with Creative Sculpture & Restoration, Inc . , to conduct a cemetery restoration and maintenance workshop, and other related services, in the City of Cape Girardeau, Missouri . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �_ DAY OF � , 20�. o�'t$ �1��'�0 O � a . Knu tson, Mayor � a° A fe+� : �* v i� �T�p: V11T20 � '��"!R, Gayle . Conrad, City Clerk � • � �i CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN Creative Sculpture and Restoration Inc., 705 SE 11`h Street, Lee's Summit, Missouri 64081, hereafter referred to as CONSULTANT, and the City of Cape Girardeau, hereafter referred to as CLIENT. WHEREAS, the Client is desirous of engaging Consultant to assist with the completion of services as outlined in Article 1, Scope of Work, sponsoring a two-day cemetery maintenance and restoration workshop; conducting a general conditions assessment of Old Lorimier Cemetery, and assisting in the preparation of a"how to"manual with specific guidance for future conservation and restoration projects at Old Lorimier Cemetery and general information for use in other cemeteries. NOW, THEREFORE, the Client and Consultant agree to the terms presented as follows: ARTICLE 1: SCOPE OF WORK The Consultant shall complete this sco�e�f spr�ices ir th� follo�ving manner: � The Consultant v��i.11 attend an initial meeting with the Steering Committee to review the project schedule, schedule meetings and begin the process of data acquisition. �: The Consult shall obtain any existing plans, maps and other documents relevant to the proj ect. � With the assistance of the Historic Preservation Commission, the Division of Planning Services staff and the Parks and Recreation Department, the Consultant will conduct a two-day workshop, held free of charge and open to the interested public, and for representatives of cemeteries in Bollinger, Iron, Madison, Perry, St. Francois and Ste. Genevieve Counties, Missouri's CLGs, and cemetery maintenance crews. Flyers and registration forms will be provided by the Historic Preservation Commission. The workshop will be conducted through lectures and with hands-on exercises in Old Lorimier Cemetery. �. The Consultant will conduct a general conditions assessment of Old Lorimier Cemetery. The Consultant will determine the amount of damage and deterioration within the Cemetery and prepare a detailed recommendation for the restoration of the cemetery, including appropriate methods and materials to be used on various stones and on various types of damage. The recommendation will also include an estimated cost for total restoration of the cemetery and recommend methods to prevent any further damage or vandalism to the cemetery .The Client will provide additional staff for the consultant as necessary to assist with the documentation. The assessment process shall be . such that a plan document will be developed and submitted to the City for future cemetery restoration and maintenance projects. The conditions assessment shall be submitted in two formats by the consultant: ��n� An unbound reproducible original copy; �"� CD-ROM of the text and all graphics in digital format, compatible with those programs utilized by the City and its GIS system. � The Consultant will assist the Historic Preservation Commission in the preparation of a manual detailing appropriate treatments and methodologies for cleaning, maintenance, conservation and restoration of cemeteries. The manual would include but not be limited to, appropriate cleaning materials and sources for materials, methods of restoration, appropriate restoration materials, on-going maintenance tips for cemeteries, and a bibliography of sources of additional information. The final format of the manual will be the responsibility of the Client. � The end product from the two-day workshop and cemetery assessment will be a manual, sent to the State Historic Preservation Office by the Client, for review comment and approval. This manual will then be available for city cemetery staff, the Old Lorimier Cemetery Foundation, and other interested certified local governments and area cemeteries. The manual will be made available on the City of Cape Girardeau's Historic Preservation Commission web site. ARTICLE II. PROJECT SCHEDULE August, 2006 Draft workshop agenda September, 2006 Meet with Client. Hold workshop Conduct cemetery assessment. Nov/Dec 2006 Collaborate on draft of cemetery manual. April, 2007 Final Revised draft of cemetery manual. ARTICLE III. FEE The Consultant shall complete the cemetery maintenance and restoration workshop for a fee of Two-thousand, nine hundred and forty dollars ($2,940.00). The fee includes all expenses, materials and labor. The Consultant shall provide a general conditions assessment of Old Lorimier Cemetery and assist the Client in developing a "how to" manual on cemetery maintenance and restoration for a fee of Sixty-five dollars ($65) per hour, plus expenses. Expenses to be . - , defined as cost of travel, hotel and food. Any work on this phase of the project that will exceed the grant limit of two thousand one-hundred and sixty dollars ($2,160) must be approved prior to any work being performed. The total fee paid to the Consultant, unless otherwise authorized, will be five-thousand, one-hundred dollars ($5,100.00). ARTICLE IV: BILLING PROCEDURES AND PAYMENT TERMS A. Billing procedures Consultant will present invoices based on actual expenses at the end of each four- week billing period. B. Payment Terms Invoices approved and submitted to the City Finance Department by the 215t of the month will be paid on the lOt" of the following month. ARTICLE V: CLIENT'S RESPONSIBILITIES A. Designate a representative to act in its behalf with respect to this project. B. Provide the Consultant with access to previous reports and preservation studies. C. Provide the location for the workshop. D. Provide registration forms and flyers for the workshop registration. E. Provide any advertising for the workshop. F. Provide additional labor as needed to assist consultant in the completion of the scope of work. G. Provide additional copies of end report and "how to" manual as required by the SHPO. H. Promptly report verbally and in writing to the Consultant any fault or defect in the Consultant's services. ARTICLE VI: OWNERSHIP OF DOCUMENTS All drawings, specifications, reports and other products of the Consultant's work shall be and remain the property of the Client upon payment for the Scope of Work and Products .- ° -� completed. The Consultant shall be free to use copies of the projects in the promotion of its business unless otherwise directed by the Client. ARTICLE VII. A. Client may terminate the Consultant's services under this contract upon paying sums due Consultant as set forth in Paragraph D. below, and after giving 10 days prior written notice stating the reason for such termination. B. Consultant may terminate its services under this contract without liability for damages if not compensated pursuant to the terms of Article IV, Paragraph B, or upon material breach of contract by the Client. C. If the project is suspended by the Client for a period of over 60 days, Client shall make payments pursuant to Paragraph D, below. D. Payment in the event of termination or suspension of the consultant's services under this Article shall be made to the Consultant for all services performed to the date of same, including all reimbursable expenses and charges for services incurred. ARTICLE VIII: ASSIGNMENT Except as provided herein above or otherwise agreed in writing by the parties hereto any assignment, hypothecation, transfer, or subletting of this contract or any rights or duties hereunder, shall be void. ARTICLE IX: EXTENT OF AGREEMENT AND NONWAIVER This agreement sets forth all the rights and obligations of the parties with respect to the project, both with respect to the work previously done and to be done. This agreement supersedes all prior agreements and understanding of any nature and may be modified only by an instrument executed in writing by duly authorized persons. The agreement is binding on and inures to the benefit of the Client and Consultant, as well as their respective legal representatives, partners, heirs, administrators, successors, and assigns. The failure of either party, in any one or more instances, to insist upon strict performance of any such terms of this agreement or to exercise any right herein conferred, shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such terms or rights to any other instances. In the event any provision of this contract shall be held to be invalid and unenforceable, the other provisions of this contract shall be valid and binding on the parties hereto. �. 't . -1 ARTICLE X: GOVERNING LAWS This contract is subject to applicable Federal and State laws, standards and/or rules and regulations now existing or which may be hereafter enacted and/or adopted. ARTICLE XI: SCOPE OF AUTHORITY The persons signing this agreement on behalf of the Client and Consultant warrant that he or she has the authority to do so and of a corporation, is an officer of the same. This contract shall not be enforceable by either party until each party has in its possession a copy of this contract signed by the other party. IN WITNESS WHEREOF, Client and Consultant have signed and executed this contract the day and year identified below. City of Cape Girardeau, Missouri � � �''�� DOUGLAS K. LESLIE, CITY MANAGER DATE � ��~ � CREATIVE ULPTURE &RESTORATION, INC. DATE