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97-181 • Resolution No. 97-181 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KEITH FOSTER GOLF COURSE DESIGN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Keith Foster Golf Course Design for Phase I architectural services for a new golf course, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 9, 1997 Adopted: July 9 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk June 16, 1997 • City of Elgin 150 Dexter Court Elgin, IL 60120-5555 RE: 18 hole golf course KEITH FOSTER GOLF COURSE DESIGN, hereinafter referred to as the GOLF COURSE ARCHITECT, hereby offers its professional services as the GOLF COURSE ARCHITECT for the purpose of developing plans and specifications and certain other services described in this Agreement for a new golf course. In the planning and development of this project, the GOLF COURSE ARCHITECT will perform professional services as hereinafter set forth with the City of Elgin, hereinafter referred to as the CITY. The GOLF COURSE ARCHITECT and the CITY, by affixing their signatures hereto, hereby agree to the terms and conditions set forth herein. I. DEFINITION OF PHASES AND SCOPE OF AGREEMENT PHASE 1 CONCEPT PLAN PHASE: A. Consultation with respect to the overall requirements of the golf facilities including, but not limited to, the appraisal of the area requirements, circulation relationships, and compatibility with other facilities. B. Development of several golf course routing options with a practice area and including the schematic planning of parking areas, drives, clubhouse and maintenance locations, and the relationships of the above items to site specific issues which include: lake/mining area, overburden, compost area, and sludge area. • C. Development of a bound text discussing the various site issues and routing options. D. A statement of probable construction costs for the golf course and a project schedule will be prepared. PAGE 2 E. A 1"=200' rendered plan will be prepared and presented to the CITY of the agreed to concept for the golf course. PHASE 2 PRELIMINARY GRADING PLAN: A. The GOLF COURSE ARCHITECT will work with the CITY, and a project engineer to prepare a preliminary grading plan, the purpose of which is to serve as a basis.of the overall grading concept for the golf course and addressing positions for the overburden • to be placed. B. The 1"=200' plan will be prepared at 5' contour intervals throughout. Base grades at tees, landing areas and greens will be identified more closely, (i.e., spot elevations). This phase may not be necessary. PHASE 3 CONSTRUCTION DOCUMENTS PHASE: A. On the basis of an approved rooting plan, the GOLF COURSE ARCHITECT will prepare plans and specifications for the golf course construction which will include: 1. Limits of Disturbance/Clearing Plan 1"=100' 2. Grading Plan 1"=100' 3. Drainage Plan 1"=100' 4. Grassing Plan 1"=100' 5. Detail Sheet Scale Varies Cart Path, bunkers and other details as required. 6. Greens Plans 1"=30' 7. Project Specification Book The above items will be prepared for eighteen (18) holes and a practice area. The cart path routing and shelter locations will be shown on the grading and drainage plan(s). The irrigation plan is not part of the GOLF COURSE ARCHITECTS responsibilities, but the GOLF COURSE ARCHITECT will work with an irrigation consultant selected by the CITY. Should the CITY desire the GOLF COURSE ARCHITECT to retain an irrigation consultant, the GOLF COURSE ARCHITECT will consider such responsibility, and may be, if such responsibility and related duties can be agreed to with the CITY, added to the scope of this Agreement. All of the above items will be prepared in a form for use in bidding and construction. Designs for bridges, shelters, maintenance buildings, parking lots and the clubhouse design are not part of this Agreement. PAGE 3 • B. The GOLF COURSE ARCHITECT will furnish plans and specifications to the CITY as required at the GOLF COURSE ARCHITECT'S cost. C. The CITY will retain a qualified project engineer to assist the GOLF COURSE ARCHITECT with soil surveys, lake sealing, flood-way information and potential drainage concerns. PHASE 4 BID PHASE: A. Plans and specifications will be submitted for bids in accordance with procedures reasonably acceptable to the CITY. B. The GOLF COURSE ARCHITECT will attend the bid opening, tabulate bids received, make an analysis of the construction proposal and recommend the contract awards. PHASE 5 CONSTRUCTION REVIEW PHASE: A. During the construction period, the GOLF COURSE ARCHITECT will visit the site to ensure that the integrity of the design intent is accomplished. Site visits will be made from time to time throughout the construction of the golf course. B. The GOLF COURSE ARCHITECT will prepare estimates for progress payments, make final inspection of the construction when the work has been completed and approve final payment. C. Within this Agreement, the GOLF COURSE ARCHITECT has not included the irrigation staking and inspection as part of the GOLF COURSE ARCHITECT'S fee. OPTION FOR ON SITE CONSTRUCTION MANAGEMENT As an option to the CITY, the GOLF COURSE ARCHITECT can provide on site construction management to assist in the daily progress of construction. This enables the GOLF COURSE ARCHITECT to constantly monitor the budget as well as the schedule on behalf of the CITY and thereby expedite the project construction for the CITY. PAGE 4 II. FEES AND EXPENSES FOR THE SERVICES UNDER THIS AGREEMENT The fees and expenses due the GOLF COURSE ARCHITECT shall be as hereinafter set forth. The fees are delineated by the particular phase in process. The fees are cumulative and are due as set forth below. PHASE 1 CONCEPT PLAN PHASE-$25,000. A concept plan will be completed within sixty(60) to seventy-five (75) days of the approved starting date, assuming said schedule meets the requirements of overall project timing and that sufficient site data is available. Said starting date is agreed to be mid-July. A retainer of $10,000. is due prior to the commencement of any design work. The remaining balance is due upon submission of the concept plan and invoice to the CITY. There are three(3) meetings included in this fee within the concept plan phase. Expenses are inclusive within said fee. PHASE 2 . PRELIMINARY GRADING PHASE - $20,000 - A preliminary grading plan is estimated to take forty-five (45) to sixty (60) days to complete. $5,000. is due prior to the commencement of this phase. The balance is due upon submission of said preliminary grading plan. There are two (2) meetings included in this fee within the Preliminary Grading Phase. Expenses are in addition to said fee and will be invoiced to the CITY at the GOLF COURSE ARCHITECT'S cost. Expenses are estimated at $1,000. for this phase PHASE 3 CONSTRUCTION DOCUMENTS PHASE - $170,000 - The Construction Documents Phase is to be completed within ninety (90) to one hundred and five (105) days of the approved starting date assuming sufficient site data is available. A retainer of$20,000. is due prior to the commencement of this phase. During the Construction Documents Phase, the GOLF COURSE ARCHITECT shall invoice the CITY for the balance due on a monthly basis, and said amount(s) are payable upon receipt of an invoice. The invoices are based on the GOLF COURSE ARCHITECT'S estimated percentage of work completed. There are three (3) meetings included within this fee within the Construction Documents Phase. Expenses are in addition to said fees and will be invoiced to the CITY at the GOLF COURSE ARCHITECT'S cost. Expenses are estimated at $5,000. for this phase. PHASE 4 BID PHASE-The GOLF COURSE ARCHITECT will assist the CITY during this phase of the CITY'S project by attending pre-bid meetings and providing a bid review service in which to analyze the figures from the contractors. The GOLF COURSE ARCHITECT has included three (3) visits within this phase. The GOLF COURSE ARCHITECT'S fee for this service is $7,500. payable upon receipt of an invoice. Expenses are in addition to said fee and will be invoiced to the CITY at the GOLF COURSE ARCHITECT'S cost. Expenses are estimated at $1,000. for this phase. PAGE 5 PHASE 5 CONSTRUCTION REVIEW PHASE- $50,000- Said amount shall be paid as invoiced monthly during the construction period. It is estimated that the construction period shall take twelve (12) months to complete. During the construction period, the GOLF COURSE ARCHITECT shall receive a minimum monthly compensation of$4,166.67. In addition, expenses are in addition to said fee and will be invoiced monthly to the CITY at GOLF COURSE ARCHITECT'S cost. It is estimated that during the twelve (12) month construction time period, the — GOLF COURSE ARCHITECT will inspect the progress of the course with twenty (20) to twenty-four (24) site visits. The GOLF COURSE ARCHITECT'S fee during the Construction Review Phase does not include irrigation staking and inspections. However, the GOLF COURSE ARCHITECT is pleased to provide that service, should the CITY desire at a cost mutually agreed upon by the GOLF COURSE ARCHITECT and the CITY. REIMBURSABLE EXPENSES The CITY will reimburse the GOLF COURSE ARCHITECT for out-of-pocket expenses such as transportation, lodging and reproduction costs which are to be paid as regularly invoiced. Reimbursable expenses are in addition to compensation for basic and additional services and include expenses incurred by the GOLF COURSE ARCHITECT and the GOLF COURSE ARCHITECT'S employees and consultants in the interest of the project, as identified in the following clauses. (a) Expense of transportation in connection with the project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the project. (b) Expense of reproductions, postage and handling of drawings, specifications and other documents. (c) Expense of renderings, models and mock-ups requested by the CITY. (d) Expense of additional insurance coverage or limits, including professional liability insurance, requested by the CITY in excess of that normally carried by the GOLF COURSE ARCHITECT and the GOLF COURSE ARCHITECT'S consultants. PAGE 6 III. ADDITIONAL PROVISIONS TO THIS AGREEMENT 1. The schedule(s) referred to above for visits to the site by the GOLF COURSE ARCHITECT assumes that there will be on site supervision (green superintendent, the CITY'S representative, etc.). In the event that supervision is not provided by the CITY, the GOLF COURSE ARCHITECT recommends that this Agreement be further extended to include supervision of certain activities during construction of the golf course. The fees for construction management are negotiable relative to the term of employment and scope of services required of the construction manager. 2. GROW-IN-During the grow-in period, bunker shaping, tee, fairway and green outlets and other details will be outlined for the golf course superintendent by the GOLF COURSE ARCHITECT to ensure that detailing is accomplished in relation to the design intent. This will be done on a per diem basis, plus expenses. 3. The timeframe to complete the golf course and related areas contemplated by this Agreement is determined to take place within a reasonable timeframe. In the event delays occur which are not foreseeable (inordinate weather delays or Acts of God), the construction fees currently charged monthly would be similarly imposed and are due and payable until the successful completion of the project. 4. On all general media relations for the City of Elgin, KEITH FOSTER shall be listed as the GOLF COURSE ARCHITECT. On the scorecard of the City of Elgin, KEITH FOSTER will be clearly represented and depicted as the GOLF COURSE ARCHITECT. 5. As the GOLF COURSE ARCHITECT, KEITH FOSTER GOLF COURSE DESIGN and its employees will be allowed to visit and play the new golf course after completion. This privilege will not be misused. In addition, KEITH FOSTER GOLF COURSE DESIGN will from time to time desire to have potential clients tour and play the City of Elgin. In all cases, KEITH FOSTER GOLF COURSE DESIGN will call to arrange a suitable time. 6. After completion of the golf course, the GOLF COURSE ARCHITECT will return every six (6) months during the first two (2) years after completion. The purpose of such visits is to assure that the design intent is being accomplished and properly maintained. The cost for such visits will be on a per diem basis, plus expenses. 7. In order to actively promote the City of Elgin, golf pro shop merchandise will be available to the GOLF COURSE ARCHITECT and its employees at cost of goods plus 10% for the first year. This privilege will not be misused. 8. As part of this Agreement, the GOLF COURSE ARCHITECT shall be consulted on all golf course signage and markings such as tee markers, ball washers, directional signage, flagsticks and flags, and 150 yard markers. The intent is to remain consistent with the design theme of the golf course. PAGE 7 9. Should the project be delayed after PHASE 1, an annual ten percent (10%) fee increase will be part of this Agreement per year per service provided to the CITY. 10. This Agreement assumes the project will move forward in 1997 and design documents are to proceed in the Fall of 1997. Construction is to begin in the Spring of 1998. In the event this project is delayed for more than three (3) months or terminated by the CITY prior to completion, the GOLF COURSE ARCHITECT will be compensated on a hourly rate basis for all services completed prior to the date of receipt of notice of suspension or termination. Resumption of work shall require a review of the Agreement terms including scope of services and fees. 11. All invoices are payable upon receipt,and late payments are subject to 11/20/o per month interest charge. 12. PER HOUR AND PER DIEM FEE SCHEDULE - In the event that further regular assistance is deemed appropriate after the golf course has opened for play, the GOLF COURSE ARCHITECT will be pleased to provide such assistance on a per diem fee basis (such rates are subject to change upon notice by the GOLF COURSE ARCHITECT). Principal- $145.00 per hour $1,450.00 per day Associates- $ 75.00 per hour $ 750.00 per day Staff- $ 35.00 per hour $ 350.00 per day 13. DURING CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT - The GOLF COURSE ARCHITECT shall have authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written instrument. The GOLF COURSE ARCHITECT 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 work, since these are solely the contractor's responsibility under the contract for construction. The GOLF COURSE ARCHITECT shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the contract documents. The GOLF COURSE ARCHITECT shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the work. PAGE 8 The GOLF COURSE ARCHITECT shall have authority to reject work which does not conform to the contract documents, design plans or design/intent. Whenever the GOLF COURSE ARCHITECT considers it necessary or advisable for implementation of the intent of the contract documents, the GOLF COURSE ARCHITECT will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents,whether or not such work is fabricated, installed or completed. Interpretations and decisions of the GOLF COURSE ARCHITECT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the GOLF COURSE ARCHITECT shall endeavor to secure faithful performance by both the CITY and contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. IV. CITY'S RESPONSIBILITIES 1. The CITY will provide all necessary accurately scaled base maps depicting all boundary line data and legal description applicable, topography (2' contour intervals), existing vegetative cover, rock formations, existing structures, and site features including streams,wetlands and water bodies, to the designated site so that accurate construction documents can be produced for the construction phase and used by other project team members. These base maps are to be provided to the GOLF COURSE ARCHITECT (in a timely basis) and are to be of an approved format for use. 2. The CITY will provide the GOLF COURSE ARCHITECT with construction budget figures as an aid in setting practical limits on the design. 3. The CITY will make available the information it has as to rock formation, soil type, water supply, utilities, etc. 4. The CITY shall provide full information regarding requirements for the golf course, including a program which shall set forth the CITY'S objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements. 5. The CITY shall establish and update an overall budget for the project, including the construction cost, the CITY'S other costs and reasonable contingencies related to all of these costs. 6. If requested by the GOLF COURSE ARCHITECT, the CITY shall furnish evidence that financial arrangements have been made to fulfill the CITY'S obligations under this Agreement. PAGE 9 7. The CITY shall designate a representative authorized to act on the CITY'S behalf with respect to the project who is responsible and from whom all directions and approvals are received. The CITY or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the GOLF COURSE ARCHITECT in order to avoid unreasonable delay in the orderly and sequential progress of the GOLF COURSE ARCHITECT'S services. 8. The CITY shall furnish the services of geotechnical engineers when such services are requested by the GOLF COURSE ARCHITECT. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 9. The CITY shall furnish, at its expense, all legal, accounting and insurance counseling services as may be necessary at any time for the project, including auditing services the CITY may require to verify the contractor's applications for payment or to ascertain how or for what purposes the contractor has used the money paid by or on behalf of the CITY. 10. Prompt written notice shall be given by the CITY to the GOLF COURSE ARCHITECT if the CITY becomes aware of any fault or defect in the project or nonconformance with the contract documents. 11. Evaluations of the CITY'S project budget, preliminary estimates of construction cost and detailed estimates of construction cost, if any, prepared by the GOLF COURSE ARCHITECT, represent the GOLF COURSE ARCHITECT'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the GOLF COURSE ARCHITECT nor the CITY has control over the cost of labor, materials or equipment, over the contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the GOLF COURSE ARCHITECT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CITY'S project budget or.from any estimate of construction cost or evaluation prepared or agreed to by the GOLF COURSE ARCHITECT. 12. The CITY will pay all fees when due as provided in this Agreement. PAGE 10 V. BETWEEN THE CITY AND THE GOLF COURSE ARCHITECT It is contemplated that during the course of this Agreement, the GOLF COURSE ARCHITECT will be required to report on the past or current performance of others engaged or being considered for engagement directly or indirectly by the CITY, and to render opinions and advice in that regard. Those about whom reports and opinions are rendered may as a consequence initiate claims for libel or slander against the GOLF COURSE ARCHITECT. To help create an atmosphere in which the GOLF COURSE ARCHITECT feels free to be candid, the CITY agrees to waive any claim against the GOLF COURSE ARCHITECT, and to defend, indemnify and hold the GOLF COURSE ARCHITECT harmless from any claim dr liability for injury or loss allegedly arising from professional opinions rendered by the GOLF COURSE ARCHITECT to the CITY or the CITY'S agents, in the GOLF COURSE ARCHITECT'S capacity as the CITY'S professional advisor. The CITY further agrees to compensate the GOLF COURSE ARCHITECT in defense of any such claim,in accordance with the GOLF COURSE ARCHITECT'S prevailing fee schedule and expense reimbursement policy. VI. TERMINATION; SUCCESSORS AND ASSIGNMENTS OF AGREEMENT, THE GOLF COURSE ARCHITECT'S RECORDS. PLANS AND SPECIFICATIONS 1. Termination may be accomplished by either party at any time by written notice. If caused by the CITY, such termination shall be effective upon payment in full for all services performed to date of receipt of such notice. This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail to perform in a substantial manner through no fault of the party initiating the termination. Should there be a lapse of time greater than ninety(90) days between preliminary design and final design, and/or the commencement of final design and construction of the golf course, the CITY and the GOLF COURSE ARCHITECT with written notice to the other party, may terminate the Agreement or chose to renegotiate the terms of the Agreement. If this Agreement is terminated or if the CITY does not honor its agreements hereunder, GOLF COURSE ARCHITECT may request that its name be removed and forever disassociated with the golf course. 2. The CITY and the GOLF COURSE ARCHITECT each bind itself, its partners, employees, successors, assignees and legal representatives to the other party of this Agreement, its partners, successors, assignees and legal representatives in respect of all covenants of this Agreement. 3. Neither the CITY nor the GOLF COURSE ARCHITECT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. In the event the ownership interests in the CITY are changed in any way, including admission of new partners, sale or merger or other event, the GOLF COURSE ARCHITECT shall have the right to terminate this Agreement upon ten (10) days notice to the CITY. PAGE 11 4. The GOLF COURSE ARCHITECT shall maintain time records, design calculations and research notes in legible form, available to the CITY. 5. If the CITY fails to make any payment when due the GOLF COURSE ARCHITECT for services and expenses, the GOLF COURSE ARCHITECT may, upon seven (7) days' written notice to the CITY, suspend performance of services under this Agreement. Unless payment in full is received by the GOLF COURSE ARCHITECT within seven (7) days of the date of the notice, the suspension shall take effect without further ' notice. In the event of a suspension of services, the GOLF COURSE ARCHITECT shall have no liability to the CITY for delay or damage caused the CITY because of such suspension of services. VII. INSURANCE The GOLF COURSE ARCHITECT shall carry insurance to protect it from claims for damages because of bodily injury, including death, to its employees and the public; and from claims for property damage. The CITY agrees to limit the GOLF COURSE ARCHITECT'S liability to the CITY and all construction contractors and subcontractors in the project due to the GOLF COURSE ARCHITECT'S professional negligent acts, errors or omissions, such that the total aggregate liability of each professional shall not exceed the GOLF COURSE ARCHITECT'S total fees for services rendered on this project. VIII. USE OF THE GOLF COURSE ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1. The drawings, specifications and other documents prepared by the GOLF COURSE ARCHITECT for this project are instruments of the GOLF COURSE ARCHITECT'S service for use solely with respect to this project and, unless otherwise provided, the GOLF COURSE ARCHITECT shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The CITY shall be permitted to retain copies, including reproducible copies, of the GOLF COURSE ARCHITECT'S drawings, specifications and other documents for information and reference in connection with the CITY'S use and occupancy of the project. The GOLF COURSE ARCHITECT'S drawings, specifications or other documents shall not be used by the CITY or others on other projects, for additions to this project or for completion of this project by others, unless the GOLF COURSE ARCHITECT is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the GOLF COURSE ARCHITECT. 2. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the GOLF COURSE ARCHITECT'S reserved rights. PAGE 12 IX. ARBITRATION 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 2. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 3. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the CITY, the GOLF COURSE ARCHITECT, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 4. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the GOLF COURSE ARCHITECT. The prevailing party in any legal proceeding or arbitration initiated to enforce or interpret the terms of this Agreement shall be entitled to recover reasonable attorneys' fees. 5. The CITY and the GOLF COURSE ARCHITECT waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The CITY and the GOLF COURSE ARCHITECT each shall require similar waivers from their contractors, consultants and agents. 6. This Agreement represents the entire and integrated agreement between the CITY and the GOLF COURSE ARCHITECT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CITY and the GOLF COURSE ARCHITECT. PAGE 13 AGREEMENT TO PROCEED This Agreement and the supplementary conditions are satisfactory and are acceptable as herein described and are hereby agreed to. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION ENFORCEABLE BETWEEN THE CITY AND THE GOLF COURSE ARCHITECT. CITY: �/ a BY „u_! . L IA— DATE 1/,e)Q1 TITLE 11 vw _ i, v-• 4 GOLF COURSE s.' CHITECT: BY ,.2.-���49 D /Sr lATE 7 / K/Foster Presiden Keith Foster Golf Course Design PAGE 14 DESCRIPTION OF FEES AND COSTS June 1997 Phase 1 Concept Plan Phase (18 holes) $25,000. (inclusive of expenses) Phase 2 Preliminary Grading Plan (if needed) $20,000. Phase 3 Construction Documents and Specifications $170,000. (18 holes) Phase 4 Bid Phase $7,500. Phase 5 Construction Review Phase $50,000. TOTAL $272,500. Expenses estimated and capped at $14,000. As noted, the Preliminary Grading Plan may not be necessary. If not provided, the fee is lowered $20,000. to $252,500. for the 18 hole project. A 9 hole scope would reduce phases 2 through 5 by half. 0 OF Fc., Agenda Item No. ° City of Elgin g June 17, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Golf Course Architect Contract - Keith Foster Golf Course Design PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider entering into a contract for Phase I golf course architectural services with Keith Foster Golf Course Design. BACKGROUND As part of the overall development of the Sports Complex facility few and in light of the intergovernmental agreement with Elgin Community College, the Park and Reclamation Task Force began the process of designing an 18-hole golf course.. To that end, in March, 1996 Request for Qualifications for golf course architects were distributed to 174 members of the American Society of Golf Course Architects. Twenty-two responses were returned showing an interest in the project. Those responses were reviewed by a five member staff evaluation team and the recommended six firms were interviewed by the Park and Reclamation Task Force. At their meeting on May 15, 1997 the Park and Reclamation Task Force recommended entering into a contract with Keith Foster Golf Course Design for Phase I (Concept Plan Phase) services. Phase I will identify several golf course design options given unanswered questions specific to the site (lake/mining, overburden, compost area and sludge lagoons) . Design based recommendations will be made regarding the mining operation, overburden placement and lake size. Additionally, probable construction costs for the golf course and a project timetable will be developed. Keith Foster has also included future phases to complete the design, bidding and construction of the golf course. However, it was recommended that only Phase I be undertaken at this time. Upon satisfactory completion of Phase I, future phases could be addressed. The City would be under no obligation with Keith Foster after Phase I is finished. It is expected that Phase I would be completed within 60 days. Keith Foster's fee for Phase I is $25,000 including expenses. F • Golf Course Architect Contract June 17 , 1997 tek Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Park and Reclamation Task Force. oukFINANCIAL IMPACT Sufficient funds are budgeted and available in account number 375-0000-795 . 92-32 - Land Improvements, project number 509537 -Sports Complex Golf Course, to pay the $25,000 Phase I fee. ALEGAL IMPACT The contract needs to be reviewed. ALTERNATIVES Without the services of a golf course architect, the golf course project cannot proceed. RECOMMENDATION It is recommended that a contract with Keith Foster Golf Course Design be approved for Phase I - Concept Plan Phase at a not-to- exceed fee of $25,000. Respectfully submitted., r`-. . es R. Nowicki Finance Director aufAido Monica Meyers Parks and Recreation Director All-61/44(<4 Robert 0. Malm Interim City Manager JRN/daw Attachments