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R-88-1132 - 6/23/1988WHEREAS, the City of Round Rock desires to design a 18 -hole golf facility in the Round Rock area, and, • f I ' WHEREAS, professional golf course architectural services are required in connection with the'de and improvement of said golf course facility, and WHEREAS, Richard M. Phelps, Ltd. - Golf Course Architect, has submitted a proposed agreement to provide golf course architectural services, and WHEREAS, some of the terms and conditions of said agreement need to be negotiated and amended, and WHEREAS, the City Council, subject to the foregoing, desires to enter into said agreement with Richard M. Phelps, Ltd. - Golf Course Architect, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City, an agreement with Richard M. Phelps, Ltd. - Golf Course Architect, the terms of said agreement to be approved by the City Attorney prior to execution. RESOLVED this day of June, 1988. ATTEST: NE LAND, City Secretary G5RESPHELPS RESOLUTION NO. / LIZ MIKE ROBINSON, Mayor City of Round Rock Mayor Mike Robinson Mayor Pro -tem Ronnie Jean Council Members John Hood Glenn T. King Pete Correa Charles Culpepper Trudy L. Lee City Manager Robert L Bennett, Jr. City Attorney Stephan L. Sheets Richard M. Phelps Richard M. Phelps Ltd. Golf Course Architect 1522 State Highway 74 Evergreen, Colorado 80439 Dear Mr. Phelps: Enclosed please find an executed agreement between your company and the City of Round Rock for professional services relative to the develop- ment of a golf course. If I may be of further assistance, please do not hesitate to contact me. JL:dh enc. THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 - July 26, 1988 Sincerely, q oainme, Joanne Land City Secretary AGREEMENT THIS AGREEMENT is made and entered into this Vo day of Q 1�Q11 , 199F , for the design of an 18 -hole golf facily in the Round Rock area, by and between the City of Round Rock, Texas, hereinafter referred to as Owner and Richard M. Phelps, I,td. - Golf Course Architect, hereinafter referred to as Golf Course ?architect or GCA. W I T N E S S E T H WHEREAS, the City of Round Rock, Texas, intends to develop an 18 -hold golf facility in the Round Rock area, hereinafter referred to as the "Project", therefore: The Golf Course Architect agrees to provide professional services as consultant to the Owner for the Project as hereinafter set forth, as the term Project is defined above, in accordance with the terms and conditions of this Agreement. The Owner agrees to pay the Golf Course Architect as compensation for professional services in accordance with the Terms and Conditions of this Agreement as follows: 2.1 For Consultation to ascertain the requirements of the Project, there will be no charge. 2.2 For Golf Course Master Development Plan, an amount not to exceed Fifteen Thousand Dollars ($15,000.00). 2.3 For the Golf Course Architect's Additional Services and for the services of other professional consultants for the Project, beyond the Basic Services as described in this Agreement, shall be the Owner's responsibility as described in Article 3. 2.4 The times and conditions of payment shall be as described in Article 5. C26AGREEME2 ARTICLE 1 ARTICLE 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND GOLF COURSE ARCHITECT ARTICLE 3 BASIC SERVICES The Golf Course Architect's Basic Services consist of the phases described as follows: 3.1 CONSULTATION 3.1.1 The Golf Course Architect shall consult with the Owner to ascertain the requirements of the Project. 3.1.2 Due to the complexity of the overall development and the inter - disciplinary nature of the various planning and design responsibilities, the Golf Course Architect shall be involved in all phases of the planning effort relative to the location and the layout of the proposed golf course facility. Proper communication and coordination during the planning process between the City of Round Rock, Planning Consultants, Developers, the First Golf Corporation officers of the Savings & Loan Associations and the Golf Course Architect will insure total functionality and highest quality design of the golf facility as well as maintain the proper relationship between all of the plan elements of the Project. Most critical of these elements are space allocation, location of property lines, grading and surface drainage and golf course maintenance requirements. 3.2 MASTER PLAN REVISIONS AND FINAL MASTER PLAN 3.2.1 Preparatory to the planning process, the Golf Course Architect will review and evaluate the preliminary plans and data which relate to or affect the proposed golf course site area to thoroughly acquaint himself with the site. Included and especially important are reviews of subdivision plans, site inspections and meetings with the various team members to fully understand and coordinate the elements of the project. Additional study will also be made of ground slopes, soils, drainage characteristics, vegetation, and all of the special relationships which require scareful consideration in the planning of a golf facility. Aerial photographs, topographic maps, soil tests and reports, natural landforms, water courses and flow patterns, and adjacent land uses will be studied as important elements of the design process. 3.2.2 Following careful critique of the preliminary design study, the plan shall be informally staked in the field for review by the Owner and team members. 2 . o. 3.2.3 The product of this review, interpretation, and planning will be a Final Golf Course Master Development Plan which conveys in detail the location, conditions, facilities, and uses as well as circulation and environmental features and graphically indicates all of the amenities of and strategy for the golf courses and the przctive /teaching area. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding the requirements for the Project. 4.2 The golf course Architect shall be furnished a certified land survey of the site, one (1) half -tone mylar reproducible copy required, giving as applicable grades and lines of streets, highways, pavements and encroachments; deed restrictions; boundaries; topographic contours of the site at a 2' - 0" interval; locations, dimensions, and complete data pertaining to existing buildings, property corners, and other improvements; and full information concerning available services and utility lines, both public and private, above and below grade, including inverts and depths with complete easement information. (Scale to be 1" = 100' - 0 ") 4.3 The Owner shall furnish the services of other professional consultants when such 'services are deemed necessary by the Golf Course Architect and the City. 4.4 The Owner shall furnish any laboratory tests, inspections, and reports as required by law or the Contract Documents. - 4.5 The Owner shall furnish such legal, accounting, and insurance counseling services as may be necessary for the Project and such auditing services as he may require to ascertain how or for what purposes any Contractor has used monies paid to him under the Construction Contract. 4.6 The services, information, surveys, and reports required by Paragraphs 4.2 through 4.4 inclusive shall be furnished at the Owner's expense and the Golf Course Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.7 If the Owner observes or otherwise becomes aware of any fault or defect in the Project of non - conformance with the Contract documents, he shall give prompt written notice thereof to the Golf Course Architect. 4.8 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. 3. 5.1 Payments on account of the Golf Course Architect's professional fee for Basic Services shall be made as follows: 5.1.1 The Golf Course Architect will invoice the Owner on or about the first of each month for completion of Basic Services performed during the previous month. All invoices, including final, shall be for actual services performed toward the completio of the elements of this Agreement. 5.1.1.1 Basic Compensation total for Basic Services shall not exceed Fifteen Thousand Dollars ($15,000.00). 5.2 Accounts will be payable within thirty (30) days of the date of billing. Unpaid accounts shall bear a carrying charge from the date of billing at the rate of one and one -half percent (1 1/2 %) per month on the unpaid balance. 5.3 No deductions shall be made from the Golf Course Architect's compensation on account of penalty, liquidated damages, or other sums withheld from payments to any Contractor. 5.4 If the Project is suspended for more than three (3) months or abandoned in whole or in part, the Golf Course Architect shall be paid his compensation for services performed plus reimbursable expenses prior to receipt of written notice from the Owner of such suspension of abandonment together with all terminal expenses resulting from such suspension or abandonment of the Work. If the Project is resumed after being suspended for more that three (3) months, the Golf Course Architect's compensation shall be subject to renegotiation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month, and year below written. OWNER City of Round Rpck, Texas By: «a�. Title: Attest: Title: GOLF CO Rich By: Title: ARTICLE 5 PAYMENTS TO THE GOLF COURSE ARCHITECT Date:________ PI B S Date: _9 4 ,a /9AP m •. TECT Course Architect 4. Date: DATE: June 20, 1988 SUBJECT: Council Agenda, June 23, 1988 ITEM: 12D. Consider a resolution authorizing the Mayor to enter into a contract for a golf course architect. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: ECONOMIC IMPACT: Authorize the Mayor to sign contract subject to assurances that City will receive golf course land. The City currently has 3 possible golf course sites. Thus far each site has been packaged differently. The Franklin 582 site is the only site thus far that requires the City to hire an architect. The other two sites have architects already in their respective packages. The g olf'course" committee has interviewed 5 international class architects and recommends you retain Dick Phelps. If a golf course . built on the Franklin'582, the architect fees will be reimbursed to the City. I am hopeful that I will receive a letter of intent from Franklin and Killeen Savings by Thursday. The letter will spell out the conditions that the City, Killeen, Franklin and First Golf need to meet to construct a golf course on the 582.