03-280 Resolution No. 03-280
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
KEITH FOSTER GOLF COURSE DESIGN FOR THE HIGHLANDS OF ELGIN
PHASE II GOLF COURSE DEVELOPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Keith Foster Golf Course Design
for The Highlands of Elgin Phase II golf course development, a copy
of which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 22 , 2003
Adopted: October 22 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: October 23 , 2003
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT,made and entered into this 22nd day of October,2003,by and between the CITY
OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "CITY") and KEITH FOSTER
GOLF COURSE DESIGN, an Arizona professional corporation (hereinafter referred to as "GOLF COURSE
ARCHITECT").
WHEREAS,the CITY has previously approved a concept plan dated May,2003 for the CITY's addition
to the Highlands golf course and practice area located east of McLean Boulevard on the CITY's Sport Complex
property;and
WHEREAS, the CITY desires to engage the GOLF COURSE ARCHITECT to furnish certain
professional services in connection with the design and construction review of the additional eleven holes of the
CITY's new golf course to be located east of McLean Boulevard on the CITY's Sports Complex property
(hereinafter referred to as the "PROJECT");and
WHEREAS, the GOLF COURSE ARCHITECT represents that he has the necessary expertise and
experience to furnish such services upon the terms and conditions set forth herein.
NOW,THEREFORE, for and in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is hereby acknowledged, the CITY does hereby retain the GOLF COURSE
ARCHITECT to perform the services and undertakings for the design and construction observation of the
PROJECT,subject to the following terms and conditions:
1. SCOPE OF SERVICES
The GOLF COURSE ARCHITECT shall perform the services for the PROJECT as set forth in the
"Scope of Services for Keith Foster Golf Course Design for eleven holes being added to The Highlands Golf
Course, a copy of which is attached hereto as Exhibit A. This agreement authorizes the services for the Phase I
Concept Plan,Phase 2 Preliminary Grading Plan and Phase 3 Grading Plan For Miner as set forth in Exhibit A.
Payment for such services is provided for in Paragraphs 4A and 4B. Reimbursable expenses related to such
services shall not exceed the total amount of$2,000 and are included in the total reimbursable expenses provided
for in Paragraph 4F. Authorization for the remaining services identified in this Agreement shall require a written
amendment to this Agreement approved by the parties hereto.
2. PROGRESS REPORTS
A. A project schedule for the Project is included as Exhibit B, attached hereto. Progress will be
recorded on the project schedule and submitted monthly as a component of the Status Report described in B
below.
B. The GOLF COURSE ARCHITECT will submit to the CITY monthly a Status Report keyed to
the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the GOLF COURSE ARCHITECT pursuant hereto including, but not
limited to, reports, designs, calculations, work drawings,plans, specifications, studies,photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon request provided,
however,that the GOLF COURSE ARCHITECT 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 GOLF COURSE ARCHITECT.
4. PAYMENTS TO THE GOLF COURSE ARCHITECT
A For the services provided by the Golf Course Architect for the Phase 1 Preliminary grading
plan, the CITY shall pay the Golf Course Architect the lump sum of 20,000.00 regardless of actual time
expended or actual costs incurred by the Golf Course Architect. The CITY shall pay the Golf Course Architect
upon completion of the services and within thirty(30)days after receipt of invoice.
B. For the services provided by the Golf Course Architect for the Phase 2 Grading Plan for Miner,
the CITY shall pay the Golf Course Architect the lump sum of 20,000.00 regardless of actual time expended or
actual costs incurred by the Golf Course Architect. The CITY shall pay the Golf Course Architect upon
completion of the services and within thirty(30)days after receipt of invoice.
C. For the services provided by the GOLF COURSE ARCHITECT for the Phase 3 construction
documents phase the CITY shall pay the GOLF COURSE ARCHITECT the lump sum of $120,000 plus
expenses regardless of actual time expended or actual costs incurred by the GOLF COURSE ARCHITECT
unless substantial modifications to the PROJECT are authorized in writing by the CITY and approved by the
City Council. The CITY shall thereafter make periodic payments to the GOLF COURSE ARCHITECT based
upon actual progress within thirty(30)days after receipt of an invoice.
D. For the services provided by the GOLF COURSE ARCHITECT for the Phase 4 bid phase the
CITY shall pay the GOLF COURSE ARCHITECT a lump sum fee of$10,000 plus expenses regardless of actual
time expended or actual costs incurred by the GOLF COURSE ARCHITECT unless substantial modifications to
the PROJECT are authorized in writing by the CITY and approved by the City Council. The CITY shall make
payment to the GOLF COURSE ARCHITECT for the Phase 2 bid phase services upon completion of these
services and within thirty(30)days after receipt and of an invoice.
E. For the Phase 5 construction review phase services provided by the GOLF COURSE
ARCHITECT the CITY shall pay the GOLF COURSE ARCHITECT a lump sum fee of$60,000 plus expenses
regardless of actual time expended or actual costs incurred by the GOLF COURSE ARCHITECT unless
substantial modifications to the PROJECT are authorized in writing by the CITY and approved by the City
Council. The CITY shall make monthly payments to the GOLF COURSE ARCHITECT based upon actual
progress within thirty (30) days after receipt of an invoice. Said monthly payments to the GOLF COURSE
ARCHITECT shall not exceed$7,500 in any month and full payments for each task shall not be made until the
task is completed and accepted by the CITY. Such monthly payments to the GOLF COURSE ARCHITECT for
construction review phase services shall be made only for months of actual construction and not during months
where construction has been halted due to weather or otherwise. The GOLF COURSE ARCHITECT's lump
sum fee of$60,000 for construction review phase services is based upon eight months of actual construction.
The GOLF COURSE ARCHITECT's fee for construction review phase services may be equitably adjusted if
such services extend beyond eight months of actual construction not including months where construction has
been halted due to weather or otherwise and such additional duration of the construction phase is as a result of
matters not caused by the GOLF COURSE ARCHITECT. Prior to performing any such additional construction
review phase services the GOLF COURSE ARCHITECT shall receive the advance approval of the CITY by
way of amendment to this agreement. If such additional services for an additional duration of the construction
phase are so approved by the CITY the GOLF COURSE ARCHITECT shall receive additional compensation for
such services at the hourly and per diem rates of its professional and technical personnel as set forth in Exhibit C
attached hereto and made a part hereof by this reference.
F. In addition to the foregoing fees the GOLF COURSE ARCHITECT shall be paid reimbursable
expenses incurred in the discharge of the services connected with the PROJECT for postage,copying and out-of-
town travel authorized by the CITY. Reimbursable expenses shall not exceed the total amount of$10,500. The
CITY shall make payments to the GOLF COURSE ARCHITECT for reimbursable expenses within thirty (30)
days after receipt and approval of an invoice for same.
G. The fiscal year of the City is the twelve (12) month period ending December 31. The
obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation
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of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such
funds for the purposes of the contract. If, for any fiscal year during the term of this Agreement, sufficient funds
for the discharge of the City's obligations under the Agreement are not appropriated and authorized, then the
Agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and
authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other
charges on account of such termination.
5. INVOICES
A. The GOLF COURSE ARCHITECT shall submit invoices in a format approved by the CITY.
Progress reports(2B above)will be included with all payment requests.
B. The GOLF COURSE ARCHITECT shall maintain records showing actual time devoted and
cost incurred. The GOLF COURSE ARCHITECT shall permit an authorized representative of the CITY to
inspect and audit all data and records of the GOLF COURSE ARCHITECT for work done under this
Agreement. The GOLF COURSE ARCHITECT shall make these records available at reasonable times during
the Agreement period,and for a year after termination of this Agreement.
6. 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 GOLF COURSE ARCHITECT. In the event that this Agreement is
so terminated,the GOLF COURSE ARCHITECT 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 4 above.
7. TERM
This Agreement shall become effective as of the date the GOLF COURSE ARCHITECT is given a
notice to proceed and, unless terminated for cause or pursuant to Section 6, shall be deemed concluded on the
date the CITY determines that all of the GOLF COURSE ARCHITECT'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.
8. NOTICE OF CLAIM
If the GOLF COURSE ARCHITECT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the GOLF COURSE ARCHITECT shall give written notice of his claim within fifteen
(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made.
Any changes in the GOLF COURSE ARCHITECT's fee shall be valid only to the extent that such changes are
included in writing signed by the CITY and the GOLF COURSE ARCHITECT. Regardless of the decision of
the CITY relative to a claim submitted by the GOLF COURSE ARCHITECT, all work required under this
Agreement as determined by the CITY shall proceed without interruption.
9. 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.
10. INDEMNIFICATION
To the fullest extent permitted by law, GOLF COURSE ARCHITECT agrees to and shall indemnify,
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defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against
any and all claims, suits,judgments, costs, attorney's 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
GOLF COURSE ARCHITECT in connection herewith, including negligence or omissions of employees or
agents of the GOLF COURSE ARCHITECT 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. The provisions of this paragraph shall survive any termination and/or expiration of this agreement.
11. 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.
12. INSURANCE
A. Comprehensive Liability. The GOLF COURSE ARCHITECT 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$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage.
The GOLF COURSE ARCHITECT shall deliver to the CITY a Certification 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 which shall include Contractual obligation assumed by the GOLF
COURSE ARCHITECT under Section 10 entitled"Indemnification" shall be provided.
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 prorate, 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.
D. Professional Liability. The GOLF COURSE ARCHITECT shall carry Professional Liability
Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not
less than$1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the CITY as evidence of
insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice
to the CITY.
13. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCES,
PROCEDURES AND SAFETY,
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
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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.
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.
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.
14. CITY'S RESPONSIBILITIES
A. 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.
B. The CITY will provide the GOLF COURSE ARCHITECT with construction budget figures as
an aid in setting practical limits on the design.
C. The CITY will make available the information it has as to rock formation, soil type, water
supply,utilities,etc.
D. 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.
E. 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.
F. 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.
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G. 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.
15. ADDITIONAL PROVISIONS
A. Bunker shaping,tee, fairway and green outlets and other details shall be outlined by the GOLF
COURSE ARCHITECT for the CITY's golf course superintendent during the grow-in period to insure that
detailing for the golf course is accomplished in relation to the design intent. The CITY shall pay the GOLF
COURSE ARCHITECT for such services at the hourly and per diem rates of its professional and technical
personnel as set forth in Exhibit C attached hereto and made a part hereof by this reference, with the total fees
and expenses to be paid to the GOLF COURSE ARCHITECT for such additional services not to exceed
$10,000.
B. It is agreed that the scorecard of the Highlands Golf Course shall indicate that Keith Foster,
ASGCA is the Golf Course Architect.
C. Keith Foster/Kevin Hargrave as the GOLF COURSE ARCHITECTS will be allowed to visit
and play the subject new golf course after its completion. Keith Foster Golf Course Design will also from time
to time be permitted to have potential clients tour and play the subject new City of Elgin golf course. In all such
cases,Keith Foster Golf Course Design shall call to make prior arrangements at a time suitable to the CITY. It is
agreed and understood that the use of the playing privileges as provided for in this paragraph shall be limited to a
reasonable amount and the determination over whether the amount of the use of such playing privileges is
reasonable shall be in the sole and exclusive discretion of the CITY.
D. That after completion of the subject new golf course the GOLF COURSE ARCHITECT shall
return every year during the first two years after completion. The purpose of such visit is to assure that the
design intent for the golf course PROJECT is being accomplished and properly maintained. The CITY shall pay
the GOLF COURSE ARCHITECT for such additional services according to the hourly and per diem rates as set
forth in Exhibit C hereto.
E. The GOLF COURSE ARCHITECT shall provide to the CITY at no additional cost
consultation and advice on all golf course signage and markings such as tee markers, ball washers, directional
signage, flag sticks, flags and 150-yard markers with the intent being to remain consistent with the design theme
of the golf course PROJECT. It is agreed and understood that the CITY has and shall retain the fmal authority to
make all decisions regarding all such matters in the CITY's sole and exclusive discretion.
16. 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.
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17. 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.
18. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other
provisions of this Agreement and the GOLF COURSE ARCHITECT shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that the GOLF COURSE
ARCHITECT 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 CITY's advanced written approval.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. NEWS RELEASES
The GOLF COURSE ARCHITECT may not issue any news releases without prior written approval
from the CITY, nor will the GOLF COURSE ARCHITECT make public proposals developed under this
Agreement without prior written approval from the CITY prior to said documentation becoming matters of
public record.
25. COOPERATION WITH OTHER CONSULTANTS
The GOLF COURSE ARCHITECT shall cooperate with any other consultants in the CITY's employ or
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any work associated with the PROJECT.
26. INTERFERENCE WITH PUBLIC CONTRACTING
The GOLF COURSE ARCHITECT 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.
27. SEXUAL HARASSMENT,
As a condition of this contract,the GOLF COURSE ARCHITECT 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.
28. WRITTEN COMMUNICATIONS
All recommendations and other communications by the GOLF COURSE ARCHITECT to the CITY
and to other participants which may affect cost or time of completion, shall be made or confirmed in writing.
The CITY may also require other recommendations and communications by the GOLF COURSE ARCHITECT
be made or confirmed in writing.
29. 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:
Monica Meyers
Parks and Recreation Director
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to GOLF COURSE ARCHITECT:
Keith Foster
Keith Foster Golf Course Design
2585 N.Middletown Road
Paris,Kentucky 40361
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IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement
in triplicate 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 _ - i _/.�.
City Clerk Mayor
(SEAL)
For the GOLF COURSE ARCHITECT:
Dated this / day of /7(7 � ,A.D.,20e6'. L iv.? a-
ATTEST: j
By Y ��
Secretary Presi ent
(SEAL)
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EXHIBIT A
SCOPE OF SERVICES
FOR KEITH FOSTER GOLF COURSE DESIGN
FOR ELEVEN HOLES BEING ADDED TO THE HIGHLANDS GOLF COURSE
DEFINITION OF PHASES AND SCOPE OF AGREEMENT
Phase I Concept Plan-Golf Course Architect will revise Concept Plan and prepare a full rendering which will
depict the new eleven(11)holes addition,relating it to the existing Highlands Golf Course.
Phase 2 Preliminary Grading Plan-On the basis of the approved Concept Plan for the addition,the Golf Course
Architect will prepare a preliminary grading plan at 5' contour intervals at 200 scale.
Phase 3 Grading Plan For Miner-The Golf Course Architect will take the 5' contour plan and develop a tighter
2' contour interval plan at100'. This plan will be given to the Miner in order to restore the site
to the determined and dire/ted grades throughout the property.
Phase 4 Construction Documents Phase K to/'(C..
A. On the basis of an approved routing plan and preliminary grading plan,the Golf Course
Architect will prepare plans and specifications for the golf course construction which 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,Cart Path,bunkers and scale varies
other details as required.
6. Greens Plans 1"=30'
7. Project Specifications Book
The above items will be prepared for eleven(11)holes.
The suggested cart path routing will be shown on the grading and drainage plan(s). It should
be noted that the CITY will retain an engineering firm to work with the Golf Course Architect
relative to cart path positioning,slope and construction method.
The irrigation plan is not part of the Golf Course Architect's responsibilities,but the Golf
Course Architect will work with an irrigation consultant selected by the CITY.
All of the above items will be prepared in a form for use in bidding and construction.
Designs for bridges,shelter,maintenance buildings,parking lots and the clubhouse design are
not part of this Agreement.
A. The Golf Course Architect will furnish plans and specifications to the CITY as required at the
Golf Course Architect's cost.
B. 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. As stated
earlier,the CITY will retain an engineering firm for the purpose of cart path planning,
placement and type.
A
Phase 5 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 coordinate the bid process and make and analysis of the
construction proposal and recommend the contract awards.
Phase 6 Construction Review Phase
A. During the Construction Period,the Golf Course Architect will visit the site to review the quality
of work relative to the design intent. Site visits will be made generally every ten(10)days during
the construction of the golf course.
B. The Golf Course Architect will approve,if desired,construction pay applications during the
duration of the construction period.
C. The Golf Course Architect is not responsible for the irrigation staking and inspection.
EXHIBIT B
Revise Concept Plan. September 2003
Prepare 5' Contour Interval Preliminary November 25,2003
Grading Plan
Prepare 2' Contour Interval Miner January 30,2004
Grading Plan
Prepare Construction Documents June-August,2004
Bid Phase September 2004
Construction Phase Fall 2004-2005
Should the City choose to begin the 2004 portion in 2005 and construction in 2006, the Golf Course Architect
Fee will be increased 10%
EXHIBIT C
Principal- $200.00 per hour $2,000.00 per day
Associates- $80.00 per hour $ 800.00 per day
Staff- $40.00 per hour $ 400.00 per day
`0 OF ELCi
Agenda Item No.
` = § City of Elgin
October 3, 2003 G
I
hi
TO: Mayor and Members of the City Council
RECREATIONAL LEISURE
ANO CUL1 ORAL OI'VOR I LINO I IES
FOR I L L L I
FROM: David M. Dorgan, City Manager
Monica Meyers, Parks and Recreation Director
SUBJECT: Keith Foster Golf Course Design Contract for The
Highlands of Elgin Phase II (Eastern 11 Holes) Golf
Course Development
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a
contract for architectural services with Keith Foster Golf for
The Highlands of Elgin Phase II (eastern 11 holes) Golf Course
development .
BACKGROUND
In June 1997, Keith Foster Golf Course Design was hired as the
golf course architect to assist the City in designing a 27-hole
championship golf course on the southern portion of the Sports
Complex. Foster completed the first three phases of the project
to include the design of the 27-hole course and construction of
the initial 9 holes of the course bordering McLean Boulevard.
A new contract has been developed to construct the next 11 holes
of the golf course which will surround the Sports Complex lake.
These next five phases of work will include developing a
preliminary grading plan for the course; developing a grading
plan for the miner to reclaim the lake area, preparing
construction documents; coordinating the bid process to include
making an analysis of the construction proposals and
recommending contract awards; and construction review, i . e. ,
site visits to review the quality of work relative to the design
intent .
Keith Foster Golf Design, The Highlands Phase II
rOctober 3, 2003
Page 2
The fee for the services above totals $230, 000 plus expenses.
Expenses are estimated at $10, 500 . These services were included
in the original 1997 RFP for the golf course architectural
services and the fees are consistent with the proposal submitted
by Keith Foster Golf Course Design at that time plus a 5%
inflationary increase annually.
At this time, the City will be entering into the first two
grading plan phases (sections 4A and 4B in the contract) . The
grading plan will provide the miner with sufficient detail to
begin their site reclamation work which is scheduled to be
completed by December 31, 2005 . The cost of these two phases
totals $40, 000 plus $2, 000 in expenses .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Golf Course Project Leadership Team.
FINANCIAL IMPACT
Sufficient funds are budgeted ($286, 500) and available ($42, 020)
in the Riverboat Fund, account number 275-0000-791 . 92-32,
project number 509637, The Highlands- Phase II, to award this
contract to Keith Foster Golf Course Design in the amount of
$42, 000 .
EGAL IMPACT
None.
ALTERNATIVES
1 . Approve the Phase II contract with Keith Foster Golf Course
Design to provide grading plans for the eastern 11 golf
holes at a not to exceed amount of $42, 000 .
2 . Do not enter into a Phase II contract with Keith Foster
Golf Design and request alternate golf course architectural
services proposals .
elw
•
Keith Foster Golf Design, The Highlands Phase II
October 3, 2003
Page 3
RECOMMENDATION
It is recommended that the City Council approve the Phase II
contract with Keith Foster Golf Course Design to provide grading
plans for the eastern 11 golf holes at a not to exceed amount of
$42, 000 .
Respectfully submitted for Council consideration.
MM
Attachment