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R91-134RESOLUTION NO. R91-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CHARLES F. ANKROM, INC., A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, ('~OWNER" ) desires to improve the greens and 9ther features of the City owned and operated "Boynton Beach 27 Hole Municipal Golf Course"; and WHEREAS, the Owner desires to engage the services of lharles F. Ankrom, Inc., ("ARCHITECT") to provide the ~ecessary ~emodeting consulting services, construction plans ~nd specifications, to make the improvements to the golf ~ourse; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to ~xecute the Agreement, as attached hereto as Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSF~D AND ADOPTED this ~ day of August, 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor ~~/Vice Mayor. 6o~mis sioner ~TTEST: Commissioner (Corporate Sepal ) ~UThSIG.Doc - - ~o~f !fas AGREEMENT This Agreement is made and entered into this day of August, 1991, by and between Charles F. Ankrom, Inc., a State of Florida Corporation, hereinafter called the "ARCHITECT", and the City of Boynton Beach, Florida,. hereinafter called the "OWNER'. Whereas, the OWNER desires to improve the greens and other features of the City owned and operated "Boynton Beach 27 hole Municipal Golf Course". Whereas, the OWNER desires to engage the services of the ARCHITECT to provide the necessary remodeling consulting services, construction plans and specifications, to make the improvements to the golf course. Therefore, the OWNER hereby engages the services of the ARCHITECT, and in consideration of the mutual promises herein contained, the parties agree as follows: SECTION A: SERVICES TO BE RENDERED BY TEE ARCHITECT. PHASE I: PRELIMINARY RESEARCH~ SITE REVIEWS, AND AS-BUILT GREEN PLANS. The design services of this Agreement, unless additional work is authorized by the City at the ARCHITECTS per-diem rates or by contract addendum, shall be only for consulting services and design work on the 18 hole Championship Golf Course, and not the 9 hole Executive Golf Course. 2. PRELIMINARY RESEARCH: ae To make preliminary reviews of the 18 greens, plus the practice putting green and chipping green (a total of 20 greens) to research design and enhancement opportunities for the remodeling program. To critique all 18 holes of the course, and to document any additional areas of fairways, tees, or roughs that need improvement, and to meet with the OWNERS representatives on additional improvements that could be made by either the golf course contractor or OWNERS maintenance crew while each nine holes is closed to remodel the greens. 3. AS-BUILT GREEN PLANS: A) To field measure and document all features of each green, including the putting surface, slopes, san~ traps, mounds, area of cart paths, lakes, and trees impacting the design, and playing centerlines of the hole. PAGE 1 OF 7 B) To set up a bench mark in front of each green (a level fairway area or position to be determined), and by use of a survey transit, to _establish spot elevations in key areas of the green, mounds and low points, and to include the estimated ~ne foot interval topographic lines in the remodeled areas of the green site. These elevations to then be used as a guideline to establish estimated grades ~of new features. (The "bench mark" would be 0' elevation). C). To planimeter the putting surface square footage of each as-built green. D) To provide the OWNERS with copies of all 20 as-built greens on ~ scale of 1" = 20', or a scale of 1" = 30' (ARCHITECTS Choice). To review with the OWNERS representative typical construction schedules, estimated range of cost, and all items'to include in the contract bid specifications for actual construction. PHASE II: NEW DESIGN PAHSE: 1. GREENS DETAIL PLANS: A) Using a sepia or reproducible of the as-built green~ to superimpose, design and document all changes and new features of each green and putting surface, including sand traps, mounds and contours, grassy hollows or pockets, exterior slopes, any~ lake changes, and preferred areas of small catch basins or drainage devices. B) Based upon existing grades (above or below the bench mark) to establish the preferred changes and elevations of new grades on both the green exterior features and putting surface. C) To planimeter the new design putting surfaces and to establish the desired square footage of each green. D) Based upon preliminary reviews with the OWNER, to assume a portion of the greens with all new designs, some with major improvements, and others with minor or slight improvements. E) To include on 'the new green designs all irrigation sprinkler head adjustments, or designs. areas requiring new irrigation PAGE 2 OF 7 F) To provide to the OWNER an artist type illustration of the ~reens with all new designs or ma3or earthwork changes, but to exclude these type of renderings for greens with only moderate or minor changes, and that all renderings are to be provided by only the staff of the ARCHITECT, and not by outside professional artist or illustrators. 2e To prepare up to 5 designs, sketch plans, or illustrations on additional feature or drainage improvements to the course. The ARCHITECT shall provide to the OWNER 2 sets of all blueprints, and one reproducable sepia o~ 'mylar of each print. PHASE III: MATERIAL CALCULATIONS, ESTIMATES AND BID PHASE To measure and calculate all construction requirements of grassing, including Tifway 419, amd Tifdwarf putting surface Bermuda, and to include any estimates of sodding requirements. To provide earthwork calculations for all greens (or any new features designed) that may require new additional fill~ and to review with the OWNERS representative potential fill borrow areas on the course. 3. To provide estimates and specifications on the volum~ of topsoils required, and fumigation requirements of the greens. 4. A) Bid Phase: to prepare all necessary construction and "Bid S~ecifications" to the golf course contractors for the greens remodelinG program, and for any additional site improvements that are to be included in the bid. To document the work to be performed in the summer of 1992~ and the summer of 1993. B) To provide all necessary "Bid Forms" and bid data to be submitted by the contractor to the OWNER. ¢) To attend answer all bid phase, any required pre-bid contractor meetings, to contractors questions that may occur during the and to contact potential qualified bidders. D) To meet with the OWNERS representative following the bid phase, and to evaluate the qualifications of the low bidding contractors. PAGE 3 OF 7 PNASE I¥: CONSTRUCTION SITE INSPECTIONS. To periodically inspect the Site to monitor and review the progress of construction, with an average of'one site trip each 7 days during the actual golf course contractor construction period, and a minimum of 2 times following the grassing of the contruction areas (see Section C, paragraph 1). To continually evaluate the artwork performance of feature construction, and to make any necessary field adjustments or changes that will improve the golf course. 3. To conduct progress meetiqgs with the contractor and OWNERS representative. 4. To examine the work of any sub-contractors to the general contractor. 5. To review and approve contractor draws. 6e The ARCHITECT shall personally sign off and approve each sequence step of construction, and including: a) The establishment of the greens sub-grades. b) The installation of drainage lines, the various layers of base materials, the greens mix topsoil installation, and fumigation and sprigging of the turfgrass. SECTION B: SERVICES TO BE PRO¥IDED BY THE OWNER To provide any and all required scaled site topographic or aerial maps that may be required (excluding the ARCHITECTS work of Section a~ paragraph 3), and any necessary property survey maps, easements, and location of utilities if needed to execute the design work. 2e To provide any and all services of civil and utility engineers, surveyors, environmental scientist or specialist, structural architects, and to handle any and all requirements of any permitting required for the construction improvements to the golf course. That the OWNER agrees to pay to the ARCHITECT the fees for design and consulting services. following A fee of fifty thousand dollars ($50,000.00) for the design and consulting services of Section A, 'and the site construction monitoring inspections, and with the fees allocated according to the following schedule~ PAGE 4 OF 7 ~) Thirty Two Thousand Dollars ($32,000.00) for the site research, as-built green plans, new designs and illustrations, and 5 separate plans or renderings of additional workm and with all progress draws according to the following analysis: 1. $4,500.00 applicable to Section A, Phase I, paragraph 2. 2. $12,000.00 applicable to Section A, Phase I~ paragraph 3 and 4. 3. $15~500.00 applicable to Section A, Phase II. B) Four thousand dollars C$4,000.00) for the bid specifications, bid documents, and the bid phase. (Phase III of Section A.) c) Fourteen thousand dollars ($14,000.00) for the site construction monitoring inspections (Phase IV of Section A), with the allocation of seven thousand dollars ($7,000.00) for each summer of 1992 and 1993. D) Reimbursable Expenses: to reimburse .the ARCHITEC~ for all cost of labs or soil testing performed by the ARCHITECT; any job requirements of purchased materials or supplies (not to exceed $500.00); and any outside fees and services of professionals or consultants authorized and approved by the OWNER. The ARCHITECT shall establish a fee for all construction plans, specifications, and bid documents, and the construction bidders and contractors shall be required to pay these fees directly to the ARCHITECT. E) Monthly draws: The ARCHITECT shall submit to the OWNER monthly progress--~draws-, and withl all monthly draws to be based upon the percentage of work completed in each phase of work specified, and according to the payment of funds allocated in Section B, paragraph 3, and all statements shall be paid by the OWNER within 20 days after submittal. Final payment to the ARCHITECT shall coincide with the final payment to the contractor for each summers worN. SECTION C: THE PARTIES MUTUALLY AGREE UNDER THIS AGREEMENT That the performance of the ARCHITECT under this agreement shall be complete when the golf course construction is completed and grassed at each scheduled yearly phase. However, following the grassing phase of the contractor, and during the grow-in phase being performed by the OWNER, the ARCHITECT shall inspect the site a minimum of 2 times to consult with the OWNERS Golf Course Superintendent and Director Of Golf on the progress of turf development, mowing outlines, and maintenance and site preparation of all newly constructed areas. PAGE 5 OF 7 2e 3e e e The OWNERS golf course maintenance superintendent and crew shall be responsible for the grow-in phase after grassing, and to perform all necessary task of the grow-in phase until there-opening of the course, and to include, but not limited to, all practices of irrigation, fertilization, use of chemicals, top dressing, verti-cutting and aeriation, sodding on repair of washouts, mowing outlines, preparation of traps, and all items required zo mature the grass .and prepare the course for play. That ~the OWNER may request additional design and consulting w~rk ~by contract addendum~ or at the ARCHITECTS hourly per-diem rates, and with the hourly per-diem, rates for 1991 and 1992 charged according to the following fees. a) Charles F. Ankrom, principal, at $100 per hour. b) Design staff at $37.50 per hour. c) Clerical at $25.00 per hour. That the ARCHITECT shall maintain insurance for any personal vehicles used on the job at the following minimum rates. A) Bodily injury: $100,000.00 each person, $300,000.000 each accident. B) $50,000.00 property damage That during the taking of field measurements of site features and the as-built green data, the OWNER shall provide one golf course staff member~ to ~ssist the ARCHITECTS staff, and that this requirement shall not exceed 120 hours of the staff member provided by the OWNER. After all plans and specifications are complete and accepted by the OWNER, should there be any substantial changes or re-design work request, ed or caused by outside agencies, the OWNER, or any g0vernme~t permitting phase, and not caused by the ARCHITECT, then such changes to the plans and specificatiQns shall be~. made at the ARCHITECTS hourly per-diem rates, plus exp~nses, or 'Dy contract addendum. The OWNER'S golf course superintendent shall be responsible for the day-to-day observation of the Contractor performance, and the golf course superintendent and director of golf shall also approve the maintenance and playing performance of each green or new desig~ feature. PAGE 6 OF 7 This agreement may be terminated by either party upon not less than seven days written notice. If the project is suspended by the OWNER for more than thirty days, the ARCHITECT shall be compensated for all services and work performed prior to the notice of suspension. In the event of termination not the fault of the ARCHITECt, the ARCHITEC~ shall be compensated for all services prior to termination. e Ail work products paid for by the OWNER, including all plans and documents, shall become the propsrty of the OWNER. ~ow~ver, the ARCHITEC~ shall retain all original .cop~es of all plans and documents. In WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below. Attest: Date ~ /[~ /91 Executed by: By: Charles ~. ~nkrom Title: President For: Charles F. Ankrom, Inc. Date: ~ /~ /91 By: Date / /91 By: Title: For: City of Boynton Beach Date: / /91 PAGE 7 OF 7