00-233 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
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. % 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