HomeMy WebLinkAboutRES.466.10-02-1989 i
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BILL N0. 89-201 RESOLUTION N0. �C� �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER I�TO AN AGREEMENT WITH COUNSILMAN/HUNSAKER
& ASSOCIATES AS SWIMMING POOL AND AQUATIC CENTER
DESIGN CONSULTANT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
SECTIO� 1 . The City Manager , for and on behalf of the City of
Cape Girardeau, Missouri , is hereby authorized to enter into an
Agreement with Counsilman/Hunsaker & Associates as swimming pool
and aquatic center design consultant . A copy of said Agreement is
attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS � DAY OF �/�iQC�`fv , 1989 .
Francis E. Rhodes, ayor
ATTEST:
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KimY�erly A. uett
Deputy City Clerk
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A G R E E M E N T
THIS AGREEMENT,, made and entered into at Cape Girardeau,
Missouri , this '��/�-'�-' day of �!�,���'��:^�� , 1989, by and between
THE CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter referred to as
"The Owner" and COUNSILMAN/HUNSAKER & ASSOCIATES, a Missouri
Corporation, doing business at 4969 Ambs Road, St . Louis, Missouri
63128 , hereinafter referred to as "The Consultant . "
WHEREAS, the Owner is undertaking the examination of the
existing Capaha Public Swimming Pool and the development of an
outdoor leisure and swimming pool complex project in the City of
Cape Girardeau, Missouri , and
WHEREAS, the consultant is a consultant in the field of
swimming pool complex design and planning, and
WHEREAS, the Owner is desirous of retaining the Consultant as
its independent contractor for purposes of developing a
feasibility and enterprise plan for the proposed new leisure pool
complex .
NOW, THEREFORE, in consideration of the covenants and
agreements herein contained, the parties hereto agree as follows :
1 . SERVICES .
The Owner hereby retains the Consultant as its swimming pool
and aquatic center design consultant for the project known as THE
CAPE GIRARDEAU AQUATIC CENTER. The scope of the Consultant ' s
services shall include but not be limited to:
TASK 1
Examine the existing swimming pool complex at Capaha Park,
i .e. swimming pool and wading pool , bathhouse, enclosure,
related areas and support spaces .
- structural
- mechanical
TASK 2 .
Prepare a report of findings as a result of examination of
Capaha Pool Complex and recommend a course of action.
TASK 3.
Visit Central Pool and review program and facility with staff .
TASK 4.
Visit and evaluate up to three other possible sites for a new
swimming pool complex . Owner to designate possible sites for
evaluation . Prepare and submit report of findings .
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TASK 5 .
Meet with the project committee and discuss data that has been
developed by the swimming pool committee in recent years .
Review and discuss existing and previous aquatic programs in
the community .
Discuss funding opportunities for a renovated or new swim
center .
TASK 6 .
Prepare and submit a written report of findings to date and a
recommendation for a. course of action, i .e. - renovate Capaha
or replace Capaha with an Aquatic Center at another pool and
bathhouse as an aquatic center .
Meet with the project committee and discuss the report which
will include schematic options .
a . Conversion of existing pool and bathhouse to a
leisure pool complex .
b. Construction of a new leisure pool complex on new
site or on Capaha site after demolition of existing
pool complex .
TASK 7 .
Recommend one of the above options for action .
TASK 8 .
Prepare a three color conceptual plan of selected option on
30" X 40" display board suitable for display and reproduction
for publication .
TASK 9 .
Estimate cost of construction for the recommended facility.
TASK 10 .
Estimate the annual cost of operation for the recommended
option.
Estimate the annual revenue for recommended option.
TASK 11 .
Outline a marketing and promotion strategy for the recommended
option.
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TASK 12.
Recommend options for funding capitalization costs .
CONSTRUCTION PHASE
2, DRAWINGS .
All of the drawings , outline specifications and formal reports
prepared by the Consultant as instruments of service are and shall
be the property of the Owner whether the project for which they
are made is executed or not . The Consultant shall be permitted to
retain copies, including reproducible copies of the drawings and
specifications. The Consultant shall provide to the City
reproducible copies of the drawings and specifications. The
Consultant represents and warrants that the work to be performed
by it pursuant to this Agreement shall be in accordance with
standard swimming pool design practices .
3 . FEES .
The Consultant shall be paid as per the following fee schedule:
The total fee for the scope of services outlined above shall
be Fifteen Thousand Five Hundred Dollars (�15, 500. 00 ) payable in
the following progress payments:
Completion of tasks 1-3 = $3, 000. 00
Completion of tasks 4-7 = $4, 000 . 00
Completion of tasks 8-10 = $3, 000. 00
Completion of tasks 11-12 = $5, 500 . 00
If the progress of the study and production of the enterprise
plan is interrupted for a period of thirty ( 30 ) days through no
fault of the Consultant, a progress invoice for the work completed
to date will be submitted to the Owner with payment to follow
within thirty ( 30 ) days .
If Owner fails to make any payment due Consultant for services
and expenses within forty-five ( 45) days after receipt of invoice,
Consultant may, after giving seven ( 7) days ' written notice to the
Owner suspend services under his Agreement until payment in full
of amounts due Consultant for services and expenses have been paid.
It is further agreed that should the project be funded ,
Counsilman/Hunsaker & Associates , Inc. will be retained by the
City for the project as design and project architect with a scope
of services and fee schedule to be negotiated following the
funding commitment for the project . If the parties hereto cannot
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agree on a scope of services and fee schedule, then in that event
the City is free to secure another design and project architect
for the continuation of the project .
6 . ENTIRE AGREEMENT.
This agreement constitutes the entire understanding between
the parties and cannot be modified except by their mutual written
consent .
IN WITNESS WHEREOF, the parties have hereunto set their hands
on the day and year first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
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onald Fischer, City Manager
ATTEST:
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Kimberly Pruett
Deputy City Clerk
COUNSILMAN/HUNSAKER & ASSOCIATES
. J. Hu sak ,
Executive V' e P esident
ATTEST:
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Type P1ame & Title of Signer ]
[CORPORATE SEAL�
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