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Home My WebLink About00-233 Resolution No. 00-233 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RANDY W. TRULL FOR THE SPARTAN MEADOWS GOLF COURSE RENOVATION AND EXPANSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Randy W. Trull for construction manager services for the Spartan Meadows Golf Course Renovation and Expansion Project, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 25, 2000 Adopted: October 25, 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this I Si—day of Al 0 (1 , 2000, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Randy W. Trull, an individual, (hereinafter referred to as "Construction Manager"). WHEREAS, the CITY desires to engage the Construction Manager to furnish certain professional services in connection with the Spartan Meadows Golf Course Renovation and Expansion Project (hereinafter referred to as the PROJECT). AND WHEREAS, the Construction Manager represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the Construction Manager that the CITY does hereby retain the Construction Manager for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all construction management matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Fiscal Services Director of the CITY, herein after referred to as the "DIRECTOR". B. The Construction Manager shall provide golf construction management services for the Spartan Meadows Golf Course Renovation and Expansion Project as described in the City's Request for Proposals and the Construction Manager's proposal response thereto dated August 4, 2000. In the event of any conflict between the terms of this form agreement and the terms of the city's request for proposals and the construction manager's proposal response thereto dated August 4, 2000, the terms of this form agreement shall control. II. PROGRESS REPORTS A. The Construction Manager will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the Construction Manager pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the Construction Manager may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the Construction Manager. IV. PAYMENTS TO THE Construction Manager For the services provided by the Construction Manager the Construction Manager shall be paid a maximum fee of $127,600 and reimbursable expenses not to exceed $2,500, regardless of actual time expended or actual costs incurred by the Construction Manager unless substantial modifications to the Project are authorized in writing by the City and approved by the City Council. Such fee and reimbursable expenses shall be divided and paid to the Construction Manager as follows: A. Preconstruction Phase. For services provided by the Construction Manager during the Preconstruction Phase of the Project the Construction Manager shall be paid a total fee of $36,000 and reimbursable expenses not to exceed $600 with such fee and expenses to be paid to the Construction Manager in installments during the Preconstruction Phase of$6,000 a month for fees and $100 a month for reimbursable expenses. B. Construction Phase. For services provided by the Construction Manager during the Construction Phase of the Project the Construction Manager shall be paid a total fee of $55,300 and reimbursable expenses not to exceed $1,050 with such fee and expenses to be paid to the Construction Manager in installments during the Construction Phase of$7,900 a month for fees and $150 a month for reimbursable expenses. C. Post-Construction Phase. For services provided by the Construction Manager during the Post-Construction Phase of the Project the Construction Manager shall be paid a total fee of $33,950 and reimbursable expenses not to exceed $700 with such fee and expenses to be paid to the Construction Manager in installments during the Post-Construction Phase of$4,850 a month for fees and $100 a month for reimbursable expenses. V. INVOICES A The Construction Manager shall submit invoices in a format approved by the CITY. Progress reports (IIA above) will be included with all payment requests. B. The Construction Manager shall maintain records showing actual time devoted and cost incurred. The Construction Manager shall permit the authorized representative of the CITY to inspect and audit all data and records of the Construction Manager for work done under this Agreement. The Construction Manager shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the Construction Manager. In the event that this Agreement is so terminated, the Construction Manager shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the Construction Manager is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, shall be deemed concluded on the date the CITY determines that all of the Construction Manager's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If the Construction Manager wishes to make a claim for additional compensation as a result of action taken by the CITY, the Construction Manager shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the Construction Manager's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the Construction Manager. Regardless of the decision of the DIRECTOR relative to a claim submitted by the Construction Manager, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, Construction Manager agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Construction Manager in connection herewith, including negligence or omissions of employees or agents of the Construction Manager arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. COMPREHENSIVE LIABILITY. The Construction Manager shall provide, pay for and maintain in effect, during the term of this agreement, a policy of comprehensive general liability insurance with limits of at least$1 million aggregate for bodily injury and $1 million aggregate for property damage. The Construction Manager shall deliver to the City a certificate of insurance naming the City as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the City. The certificate of insurance shall include the contractual obligation assumed by the Construction Manager under Section X entitled "INDEMNIFICATION". This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or pro rate, it shall be endorsed to be primary with respect to the City. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non- owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the Construction Manager shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the Construction Manager would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITYs advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The Construction Manager may not issue any news releases without prior approval from the DIRECTOR, nor will the Construction Manager make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The Construction Manager shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The Construction Manager certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the Construction Manager shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; • D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the Construction Manager to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the Construction Manager be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: James Nowicki City of Elgin Fiscal Services Director 150 Dexter Court Elgin, Illinois 60120-5555 B. As to Construction Manager: IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in quadruplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By ` AVe_e_2.4 Ci M ager City Clerk (SEAL) Dated this /., day of n o �� , 2000. For the Contractor: By �. Ran•y ''. ru (SEAL) P. 2 847-658-3513 % ts__ Oct 17 00 0550p Rand Trull 4 . - , • 10/17/2000 17:18 630-587-8406 WEISS JOY THOMPSON PAGE 01 - ... .. : .. ao,,A,,A 4 Iv •,, ,,::i •. `.:c ''•.'''''*1:7°Mr/ZTaj."`.. ••—.:e.,V,..:N. . .1.t" •••; •••■let •.e,) ..-;,; -') .- 3 OA 1.`'I'M''"407 En 0 Itt,,if fr-777, 0- it ■z''-g.' ,• '-if if,. ty. ,... l; 1 10/1 7/00 ractovcau • • MT CERTIFICATE IS OWED AS A MATTER OP INFORMATION CONY AND CONTtat.t40 MOM UPON TINE CERTIFICATE HOLD .TRU CERTO/CATE DOES NOT AMEND.EXTEND OE ALTER TIN COVERAGE AFFORDED IT TRE mucus snow Weiss Insurance Agency,Inc. COMPANIES AFFORDING COVERAGE 31W6B0 Army 1-rei5 Road COMPANY Wayne IL 60184 Lerma A C N A-Chicago COMPANY ... ..---..- , Lama D INSURED COS/PAN Y 1. ,.. rrrca C Ranch Trull . 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On= ■ DESCRIPTION OF OPERATIONSTLOCATI9IONIEWCIME_ChlAL Tat__ ADDITIONAL INSuRED IS A.vDIED TO P Ellf SE /oPERATIONS COVERAGE OF THE GENERAL LIABIUTY ONLY ON A PRIMARY BASIS: CITY OF ELGIN it:4 niouLD ANY OF TIM AIME DEEOuDIED POLICIES ME CAT/CELLED WORE THE EXPIRATION DATE Ter.1120f,TIM MUM COMPANY WILL ENDEAVOR TO mast Jo DAYS wDrrrilv NOTICg TO Tia Curruncetz MILDER PANED TO TIM CITY OF ELGIN MOT,PUT Trio.utE TO MAIL SVC111/071C1NIALL DEPOSE NO OBLIGATION OR CIO JAMES NOWICICI uesusry Of ANT/UND MAN ITU CONPANY ITS AGENTS Mt aceacranoroarns. 150 DEXTER CT ELGIN IL 60120-5655 *Ds n 144., . ppe.c.v..lq?3.6ti4.!.:„.,,,Emnsro..,,t4N.:-...::itowtuyi....,4:77;,willia- -',,..fu ��OF Et C . % Agenda Item No. City of Elgin 4�n °kATED Itd' September 15, 2000 TO: Mayor and Member of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Golf Course Project Manager PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for project management of the Sports Complex golf course. BACKGROUND A Request for Proposal for project management of Phase I construction of the Sports Complex golf course was sent to four firms . Oversight and management of golf course construction is a highly specialized and technical discipline. The successful firm would provide assistance and advice to the City in organizing, coordinating and managing the project construction program. Duties would be comprehensive in nature and would include: • planning and developing an overall project construction program • assisting in bidding/bid documents/contractor selection and negotiations • monitoring, inspecting, oversight and coordinating activities of the project team as well as on-site construction process • monitoring construction budget and time schedule and assisting with compliance enforcement of schedules and contract terms • inspecting and verifying that all work is satisfactorily completed • identifying potential cost savings/or oversights/omissions • advising and assisting during grow-in and pre-opening process eok Golf Course Project Manager September 15, 2000 Page 2 Of the four firms that were sent RFP' s, two firms responded - Randy W. Trull and Feryacca Golf LLC. Of the two firms, Randy W. Trull provided the most comprehensive and professional proposal . Mr. Trull has over 16 years of golf course construction management and has been involved with the development of 30 premium-quality golf courses throughout the United States . Mr. Trull' s project management services have been broken down into three phases, as follows: Preconstruction Construction Post-construction Total $36, 600 $56, 000 $35, 000 $127, 600 October-March 101 April-October `01 November-May `02 6 mos . @$6, 100 7 mos . @$7, 900 7 mos . @$4, 950 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Sports Complex Golf Course Leadership Team. ri )144L- FINANCIAL IMPACT Funds are available in the Sports Complex Fund, account number 375- 0000-795 . 30-99, project number 509537, to pay for this contract. LEGAL IMPACT The contract will need to be prepared and reviewed by the Legal Department . ALTERNATIVES Do not utilize the project management expertise of Mr. Trull on the golf course project . RECOMMENDATION It is recommended that the City Council enter into a contract with Randy Trull for golf course project management services at a fee not to exceed $127 , 600 . Respectfully submitt , rf -- J.yce /. Parker City Manager amp * * * * w' RANDY W. TRULL Golf Project Management August 4,2000 Mr. James R Nowicki,CPA Fiscal Services Manager-City of Elgin • 150 Dexter Court Elgin,IL. 60120-5625 Re: Spartan Meadows G.C.Renovation and Expansion Project Dear Mr. Nowicki, Upon review of inforniation submitted in the Request for Proposal to provide Golf Construction Management services on behalf of the City of Elgin, Illinois, I wish to express my sincere interest in providing such services. It is my understanding that the City of Elgin desires to develop a 27-hole golf complex,ex, inccluding construction of all features and functional facilities. Included new the tgscoltpe golf s the closure and range, tion clubhouse & maintenance mi nng er reclamation of a 38-acre mining operation(currently cLd.and a tunnel under-crossing to be constructed and coordinated with planned improvements of McLean Blv constriction schedule indicates the project shall be broken down into three (3) separate The preliminary although not specified in the Request for phases. Phase I calls for construction of nine golf holes � design and construction of new clubhouse Proposal, it is assumed that Phase I will also include planning, �the Fall 2000 and to be completed and ready for and maintenance Spring Con Phase I is scheduled to which (September) 2006. n 2003. Construction of Phase lI, which consists of eleven (11) golf holes, will commence play in Seri g immediately following completion of Phase I and is scheduled to be completed in2008 and is scheduled to be phase II shall be ready for play by August 2007. Phase III is to begin completed and ready for play in 2009. My office in Lake in the Hills,Illinois is approximately a half-hour drive from the project site. Although ects as a contractor,virtually all of the golf projects I've managed as an I've managed numerous local pro j requiring a significant amount of time and expense Owner's Representative have been out of state, req act located so near of my home is extremely dedicated to travel. Obviously,the opportunity to work on a project appealing to me. Perhaps more importantly, this situation .permits me to offer an even superior level of service at a cost much lower than that to most of my I believe I am uniquely qualified to represent and advise the City of Elgin as its Golf Course E]onsa your Manager. I would be happy to meet with you or other representatives of the City g� convenience to further discuss the services described herein. Sincerely yours, 7 7"-?(i • Randy W.Trull . _,._ : .1,.14;11c IL 60102 • 847-658-3512• Fax 847-658-3513