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R-89-1298 - 6/22/1989Air RICHARD M. PHELPS, LTD. GOLF COURSE ARCHITECT P.O. BOX 3295 EVERGREEN, COLORADO 80439 303 - 670 -0478 June 14, 1989 Mr. Bob Bennett, City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Bob: Enclosed please find two (2) copies of the proposed agreement for professional golf course architectural services for your Round Rock golf course. Please review these and let me know if you have any questions or desire changes. Presently, I am planning on arriving in Austin on Thursday, June 22, at around 12:30 which should put me in Round Rock around 1:30 p.m. I will go directly to your office so that we might prepare for the hearing that evening. I will return late Friday afternoon - hoping I will need Friday for a field visit, contract signing, etc. Jim Veer took my colored rendering of the golf course during his last visit here. Could you check to see if we can use it (and n if it is sui table) for the meeting. Let me know in case we need A another copy I am leaving my office on the morning of the 20th and stopping at Albuquerque and DFW on the way, so time is of the essence. Looking forward to seeing you and getting this golf course going: Sincerely, v7c Richard M. Phelps, A.S.G.C.A. RMP /ep Enclosures AMERICAN SOCIETY OF GOLF COURSE ARCHITECTS AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS NATIONAL GOLF FOUNDATION DATE L5 AREA CODE o WHEREAS, the City Council has previously resolved to approve the proposed golf course construction and financing plan, and WHEREAS, the services of a golf course architect are necessary to design the golf course and provide additional related services, and WHEREAS, Richard M. Phelps, Ltd. -Golf Course Architect has submitted a proposal to provide the needed architectual services, 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 to provide the needed architectual services for the proposed golf course. RESOLVED this 22nd day of June, 1989. ATTEST: E C45RESGOLF3 LAND, City Secretary RESOLUTION NO. la 982 MIKE ROBINSON, Mayor City of Round Rock, Texas AGREEMENT THIS AGREEMENT is made and entered into this `71.00. day of , 19 $9 , for the design of an 18 -hole golf facility eas of Round Rock, Texas, by and between the City of Round Rock, Texas here- inafter referred to as Owner and Richard M. Phelps, Ltd. - 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 -hole golf facility east of the City, hereinafter referred to as the "Project ", therefore: ARTICLE 1 The Golf Course Architect agrees to provide professional services as con- sultant 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. ARTICLE 2 The Owner agrees to pay the Golf Course Architect as compensation for pro - fessional services in accordance with the Terms and Conditions of this Agree- ment as follows: 2.1 For Consultation to ascertain the requirements of the Project, there will be no charge. 2.2 For Final Golf Course Master Development Plan, an amount not to exceed Two Thousand Dollars ($2,000.00). 2.3 For Golf Course Design Document preparation for the 18 -hole golf course as described in Paragraph 3.3, a lump sum amount of Fifty Thousand Dollars ($50,000.00). 2.4 For the Golf Course Architect's Additional Services and for the ser- vices of other professional consultants for the Project, beyond the Basic Ser- vices as described in this Agreement, shall be the Owner's responsibility as described in Article 4. 2.5 The times and conditions of payment shall be as described in Article 6. 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 Corpora- tion, CCA Silband, 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 preparation of construction documents, the Golf Course Architect will review and evaluate the preliminary subdivision and golf plans and data which relate to or affect the proposed golf course site area. Included and especially important are reviews of subdivision plans, site inspections and meetings with the various team members to fully under- stand 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 careful 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. -2- 3.2.2 Following careful critique of the preliminary design study, the plan shall be imformally staked in the field for review by the Owner and team members 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 environ- mental features, and graphically indicates all of the amenities of and strategy for the golf course and the practice /teaching area. 3.3 CONSTRUCTION DOCUMENT PREPARATION 3.3.1 The Golf Course Architect shall prepare from previously approved Design Documents, for approval by the Owner, Working Drawings and Construction Specifications for the 18 -hole golf facility in sufficient detail to allow for competitive bidding, setting forth in detail the requirements for construction of the Project to include: 3.3.1.1 Control Traverse Plan, in preliminary form for the golf facility to indicate permanent engineering control and reference points for all phases of golf course construction. We would require that the actual traverse points be computed and staked in the field prior to the detailed design document preparation phase by the Owner's engineers. 3.3.1.2 Site Grading Plan to indicate where quantities of earth must be cut or filled for putting green locations, for tee locations, for sand trap and mound sites, for bunkers, for water storage reservoirs, for proper fairway slopes, and for overall site drainage. 3.3.1.3 Pond Design for golf strategy and aesthetics but more importantly to receive and store water for use in the irrigation system. While the Golf Course Architect will be responsible for the conceptual design of ponds and drainageways normally associated with a golf course, the Owner will be res- ponsible for bridge design, high and low water flow crossings, weirs, inlets and outlets, spillways and any other structures or devices required as a part of or as a result of flood control or water storage. 3.3.1.4 Preliminary Irrigation System and Pump Station Plans and specifications to ensure the most efficient and economically reasonable method of providing and distributing water for the golf facility. Since water is the life blood of the golf course, this critically important area of design will in- volve the use of an irrigation consultant who specializes in this field of design. 3.3.1.5 Sprigging /Seeding /Sodding Plan to indicate the areas to be sprigged, seeded, or sodded and the specific types of sprigs, seed or sod to be used including ornamental grasses to provide aesthetic beauty, interest, and strategic golf challenge through careful placement for hazard value. This will be done in close coordination and consultation with the Owner. 3.3.1.6 Construction Specifications consisting of written docu- ments to clearly state the required materials and the standards of construction expected of a contractor and /or construction personnel for every elements of the golf course construction process. -3- ARTICLE 4 ADDITIONAL SERVICES 4.1 If any of the following additional services are authorized in writing by the Owner, they shall be paid for by the Owner as herein provided. 4.1.1 Providing services to investigate existing conditions or fac- ilities or to make measured drawings thereof or to verify the accuracy of draw- ings or other information furnished by the Owner. 4.1.2 Preparing documents for alternate bids or out -of sequence ser- vices requested by the Owner. 4.1.3 Making revisions to previously approved Drawings, Specifications, or other documents to accomplish changes not initiated by the Golf Course Arch- itect. 4.1.4 Providing consultation concerning replacement of any Work damag- ed during construction and furnishing professional services of the type set forth in Paragraph 3.3 as may be required in connection with the replacement of such work. 4.1.5 Providing professional services made necessary by the default of any Contractor of any major defects in the Work of any Contractor in the per- formance of a Construction Contract. 4.1.6 Providing extensive assistance in the utilization of any equip- ment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for oper- ation and maintenance, and consultation during operation. 4.1.7 Providing services after final payment to Contractor. 4.1.8 Preparing to serve or serving as an expert witness in connect- ion with any public hearing arbitration proceeding, legal proceeding, or in the proceedings of a court of record. 4.1.9 Design of details to indicate the design character for each of the putting greens, for all tees and for all hazards. These details, designed to a 0.5' contour interval with all spot elevations to the nearest 0.1' assure proper size, shape, visibility, contour,. artistic value and drainage character- istics for both playing and maintenance requirements. 4.1.10 Landscape plan to represent the proper placement of plant material on and adjacent to the golf course for aesthetic and strategic value. 4.1.11 Observation to visit the site during the construction period at critical times during the process as well as at the request of the Owner and the Golf Course Contractor to observe the work in progress and to report on the quality and the quantity of workmanship in accordance with the construction doc- uments. -4- 5.1 The Owner shall provide full information regarding the requirements for the Project. 5.2 The Owner shall designate a representative to act in his behalf with respect to the Project. The representative shall examine Documents submitted by the Golf Course Architect and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the Golf Course Archi- tect's work. 5.3 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 con- cerning available services and utility lines, both public and private, above and below grade, including inverts and depths with complete easement informa- tion. (Scale to be 1" a 100' - 0 ") 5.4 The Owner shall furnish the services of other professional consultants when such services are deemed necessary by the Golf Course Architect and Owner. 5.5 The Owner shall furnish any laboratory tests, inspections, and reports as required by law or the Contract Documents. 5.6 The Owner shall furnish such legal, accounting, and insurance counsel- ing 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. 5.7 The services, information, surveys. and reports required by Para- graphs 5.3 through 5.6 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. 5.8 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. 5.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. Representative: ARTICLE 5 OWNER'S RESPONSIBILITIES -5- ARTICLE 6 PAYMENTS TO THE GOLF COURSE ARCHITECT 6.1 Payments on account of the Golf Course Architect's professional fee for Basic Services shall be made as follows: 6.1.1 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 completion of the elements of this Agreement. 6.1.1.1 Basic Compensation total for Basic Services shall be Fifty Thousand Dollars ($50,000.00). 6.1.2 Payments for Additional Services of the Golf Course Architect as defined in Article 4 shall be made monthly upon presentation of the Golf Course Architect's statement of services rendered. 6.1.3 Payments for Reimbursable Expenses as defined in Article 7 herein shall be made monthly upon presentation of the Golf Course Architect's statement of services rendered. 6.2 Accounts will be payable within thirty (30) days of the date of billing. Unpaid accounts shall bear a carrying charge from the date of bil- ling at the rate of one and one -half percent (1J%) per month on the unpaid balance. 6.3 No deductions shall be made from the Golf Course Architect's compen- sation on account of penalty, liquidated damages, or other sums withheld from payments to any Contractor. 6.4 If the Project is suspended for more than three (3) months or aban- doned in whole or in part, the Golf Course Architect shall be paid his compen- sation 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 than three (3) months, the Golf Course Architect's compensation shall be subject to renegotia- tion. ARTICLE 7 REIMBURSABLE EXPENSES 7.1 Reimbursable expenses are in addition to compensation for Basic Ser- vices and Additional Services listed herein and include actual expenditures made by the Golf Course Architect in the interest of the Project for the inci- dental expenses listed below. 7.1.1 Expenses of transportation and living when traveling in con- nection with the Project. Mileage for automobile transportation shall be com- puted un the basis of 30.30 /mile. -6- 7.1.2 Expense of long distance telephone calls. telegrams. mail, air freight, printing services, and supplies used in the work effort. 7.1.3 Expenses will be billed at a flat rate of actual cost and will be supported by actual receipts or copies thereof. 7.1.4 Any trips relative to this Project which are combined with trips relative to any other projects in the area will be pro- rated, the cost for which will be shared proportionately by other projects. ARTICLE 8 GOLF COURSE ARCHITECT'S ACCOUNTING RECORDS Records of the Golf Course Architect's Additional Services and Reimburs- able Expenses applicable to the Project shall be kept on a recognized account- ing basis acceptable to the Owner and shall be available to the Owner at mutually convenient times. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings, Construction Specifications, and other Contract Documents as instruments of service are and shall remain the property of the Golf Course Architect whether the Project for which they are made is executed or not. They are not to be used on any other project or for extensions of this Pro- ject except by agreement in writing and with appropriate compensation to the Golf Course Architect. ' ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Golf Course Architect each binds himself. his partners, successors, assigns and legal representatives to the other party to this Agree- ment and to the partners, successors, assigns and legal representatives of such other.party with respect to all covenants of this Agreement. Neither the Owner nor the Golf Course Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Golf Course Architect. and supersedes all prior negotiations. re- presentations or agreements either written or oral. This Agreement may be -7- amended only by written instrument signed by both the Owner and the Golf Course Architect. ARTICLE 12 GOVERNING LAW Unless otherwise specified, this Agreement shall b governed by the laws of the United States and the State of 6e+eradtf. "7 -0c4s. �✓�^° ARTICLE 13 TERMINATION This Agreement may be terminated by• either party upon ten (10) days' writ- ten notice should either party fail to substantially perform in accordance with the terms of this Agreement through no fault of the other. At the time • of such termination, the Golf Course Architect shall be paid for all Basic Services, Additional Services, and Reimbursable Expenses performed to the termination date including such sums as may accrue subsequent to and as part of the termination procedure. ARTICLE 14 COPIES OF DRAWINGS AND SPECIFICATIONS The Golf Course Architect shall provide one (1) reproducible set of the Drawings and Specifications in consideration of his fee for Basic Services. Additional copies will be provided by the Golf Course Architect to the Owner at the cost of reproduction. ARTICLE 15 COMPLETION OF DESIGN SERVICES The Golf Course Architect has been requested to limit his normal services under this contract for budgetary purposes. It is expressly agreed that upon successful receipt of bids from prospective contractors and finalization of budgetary and management considerations, the Golf Course Architect shall be re- tained to complete his normal professional design and observation services. -8- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month, and year below written. OWNER City of Round Rock, Texas By: id g. Title: (Jtl, Attest: Title: GOLF COURSE ARCHITECT Richard M. Phelps Ltd. - Golf Course Architect -9- Date: Cp —013S— / DATE: June 19, 1989 SUBJECT: Council Agenda, June 22, 1989 ITEM: 12C. Consider a resolution authorizing the Mayor to enter into a contract with Dick Phelps and Assoc. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: Please find enclosed a copy of the Agreement with Dick Phelps for architect services on the proposed golf course. These services will cost $50,000 and should come from the Community Development Block Grant set aside for economic development. These funds will be reimbursed to the City in full once a golf course is funded. Mr. Phelps needs to begin construction plans immediately so that we can go to bid in July- August.