HomeMy WebLinkAboutC26360 - Hurdzan-Fry Golf Design, Inc. CONTRACT FOR GOLF COURSF, ARCHITECTURAL SERVICES -��:,-,-, . .. _
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PREPARED FOR: City of Palm Desert, California
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DATE: January 29, 2007
The terms of this proposal are valid for a period of 30 days from above date. � - -
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'('his proposal describes the work to be performed by Hurdzan/Fry Golf Course Design, Inc. ["the
architect"], relative to the completion of a Master Improvement Plan for the Desert Willow Golf
Courses.
I. Sc�e of Work
A. Research Phase
"fhe work to be performed by Hurdzan/Fry Golf Course Design, Inc. in the completion of
this improvement study is as follows:
1. Dana Fry or a qualified representative of Hurdzan/Fry Golf Course Design, Inc.
will make an initial visit to the site for the purpose of discussing the client's
objectives, reviewing site conditions and identifying options and opportunities.
2. The following is a list of services that we provide in preparing an improvement
study:
a) To study the existing golf course for its overall balance, flow, shot
progression, maintenance problems, and resource development.
b) To analyze each hole for its shot value, playability, maintenance
problems, and golfer satisfaction and to suggest: improvements such as
new or enlarged tees; elimination of unnecessary sand bunkers,
construction of new sand bunkers if needed, and the reworking of existing
sand bunkers to improve visual presentation or reduce maintenance;
eliminating, moving, repositioning or adding trees, modification or
renovation of existing greens and opportunities for enhancing spectator
viewing and movement.
c) To pay particular attention to terrain and site analysis for potential ways
to reduce problems of key golf course features and play areas as identified
by the golf course professional staff.
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B. Improvement Plan Phase
1. Based on the observations of the architect during the site visit, and on the
objectives of the client, a preliminary improvement plan of the golf course will be
developed by Hurdzan/Fry Golf Course Design, Inc. The preliminary plan will be
prepared and presented to the client in the following format: •
a) A written narrative. This narrative will discuss existing conditions and
recommend a design and development strategy for the facility as a whole,
and also for each individual hole. Other golf course elements [e.g. driving
range, parking lot, etc.] may be addressed if they are relevant to the client's
objectives or if the architect feels improvement should be considered in
these areas.
b) A general sketch of the major improvements being discussed in the
preliminary plan. This sketch will be executed for the golf course as a
whole, at a scale of 1"=100'.
c) This preliminary plan and narrative will be sent to the client for a
review and any suggested corrections or additions. The client will return
one copy of the preliminary plan and narrative with their comments to
permit Hurdzan/Fry Golf Course Design to amend the preliminary plan
and narrative.
2. The architect will schedule a second visit to the site for the purpose of
reviewing the amended preliminary master plan with the client. This visit can
include, at the client's discretion, meetings with course committee(s), investors,
members or other interested parties.
3. Based on the results of the second visit and the discussion of the amended
preliminary improvement plan, a revised improvement plan will be prepared by
the architect, along with a written narrative of suggested improvements. This will
be submitted to the client for another review. (If necessary, additional visits to the
club will be made to clarify or settle any unresolved issues.)
4. After preparing the revised improvement plan(s), and additional changes by the
client then the final plan will be prepared and presented to the client in the
following format:
a) A written narrative that will discuss existing conditions and recommcnd
a design and development strategy for the facility as a whole, and also for
each individual hole and other golf course elements [i.e., clubhouse,
practice range, parking lot, etc.]
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b) A plan drawing at a scale of 1"=100'. This drawing will illustrate the
general size, location and character of all proposed golf course elements,
including greens, tees, bunkers, fairways, earthwork features, water
features, natural areas, practice facilities, roadways and parking lots. '1'his
is a conceptual plan only and not a working drawing.
c) Each hole or close grouping of holes will be further detailed at a scale of
1"=50' to conceptually show the proposed improvement for that hole,
along with the appropriate narrative. This is also a concept plan but may
be sufficiently detailed to allow construction of simple golf features laid
out in the field.
4. A preliminary estimate of costs for making the proposed improvements to the
golf course will be developed. This estimate will not be based on quantification
of earthwork or other detailed analysis, but will represent our best professional
judgment as to the range of costs that the client should expect to incur in
carrying out the recommended plan.
5. The architect for the purpose of orally presenting and discussing the
recommended plan will make a final visit. This presentation will be made to any
individuals and/or groups designated by the client.
6. For a reasonable period following the presentation of study results, appropriate
members of the Hurdzan/Fry Golf Course Design, Inc. professional staff will be
available to the client for telephone consultation with respect to the proposed
improvement project.
C. Construction Document Phase for Renovation
l. Hurdzan/ Fry Golf Course Design, Inc. will prepare, based on the owner
approved improvement plan, drawings and specifications that set forth in detail
the construction requirements for the project. At the completion of this phase, the
Owner will have the documents within the scope of this contract necessary to
solicit bids among qualified golf course contractors.
2. Specifically, the construction documents will include the following:
■ A master plan of the golf course at a scale of 1 inch = 100 feet, showing all
features.
• An irrigation plan for the golf course project. (But prepared under separate
contract between an irrigation consultant and the owner to be paid for by the
owner.)
■ A grassing plan for the golf course project, if necessary.
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■ Composite plans prepared at a scale of 1 inch = 50'.
■ Construction details necessary for contractors to accurately and fairly bid the
project.
■ Bidding information and guidelines, bidding forms, and suggested conditions
of contract.
3. Two sets of construction plans and documentation will be provided to the
Owner. One of these sets will be in reproducible format. If it is desired that
Hurdzan/ Fry Golf Course Design, Inc. prepare additional copies of the
construction documents, a fixed price for each additional set will be agreed upon
prior to the beginning of the construction documents phase of the project.
4. Project elements that will not be included in construction documents are the
following:
■ Site pians or building plans for the golf course clubhouse.
� Site plans or building plans for maintenance or cart storage buildings or for
�olf course shelters.
■ Site plans or structural plans for a pump station house.
■ Plans for utility services, wastewater treatment or lighting.
■ Engineering or construction plans for cart paths, bridges, dams, roadways or
parking lots. Hurdzan / Fry Golf Course Design, Inc. will be available to
consult on the location of these elements of the project, if reyuested, and will
coordinate with other members of the planning team on the layout and traffic
flow for these project elements. However, we do not feel we should have
design or planning responsibility, as these are engineering tasks.
5. Upon completion of the construction documents phase, a detailed construction
estimate will be prepared for the Owner, if requested. "rhis estimate will be based
on estimated calculations of cuts and fills dictated by the golf course design
documents, and estimated quantification of other golf course elements such as
bunker sand, sod, etc. This final estimate of the construction cost should serve as
a budget to guide the Owner in the evaluation of bids or in the management of the
construction phase.
6. Dr. Michael Hurdzan or an appropriate representative will be available for site
visits and/or consultation meetings as necessary with the Owner during this phase
of the project.
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D. Permit Phase (if required, but not part of the improvement planning proccss)
1. The permit process for the construction of a golf course varies widely
depending on the character of the project site and the regulatory agencies with
jurisdiction over the site. Wherever the site is, though, the permit process is
becoming more complex all the time.
2. Permits required may include, but are not limited to:
■ Zoning/Land Use Permit
■ Soil & Erosion Control Permit
■ Storm Water Management Permit
■ Grading Permit
■ Historic Preservation Act
Additional permits will be required for improvement construction of the
clubhouse, parking lots, maintenance area and restrooms. Local, state, and federal
agencies may all have their own review process.
3. It is highly recommended that a local engineer experienced in the permit
process be retained by the Owner to coordinate and oversee this process.
4. It has been our experience that it is necessary for a golf course development
project to be taken at least through the Design Development Phase in order to
provide the basic information and presentation materials necessary for zoning and
permit application.
Hurdzan / Fry Golf Course Design, Inc. will provide additional supporting data
and plans pertaining to the golf course as required for this process. If these plans
are required for permitting, the Owner will be invoiced for '/z of the estimated
construction costs at the time those plans are sent to the Owner.
5. All plans completed by others for the permit phase will become a portion of the
construction documents.
E. Construction Bidding Phase
1. Dana Fry or an appropriate representative will be available to assist the Owner
in identifying qualified golf course contractors, providing these contractors with
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information about the golf course project, and evaluating bids for phases of golf
course construction.
2. It is understood that Dana Fry or an appropriate representative will be
available to participate in a pre-bid site meeting with interested contractors, if
desired by the Owner.
F. Construction Phase
1. The construction phase of this contract will commence with the award of the
construction contract followed by a pre-construction meeting with the Contractor
and will terminate when the final Application for Payment releasing the retainage
for the construction contract is approved.
2. After a contractor has been selected (either by bidding or negotiation), the golf
course architect or his representative will meet with the contractor and client to
review and confirm pertinent construction details, including sequencing, selection
and delivery of materials, and interpretation of the construction plans and
specifications.
3. Dana Fry or an appropriate representative will attend the pre-construction
meeting with the Contractor and Owner representative and outline all phases of
construction for the project.
4. Dana Fry or an appropriate representative will make visits during the period
of active construction, to the site to review the progress and quality of work
carried out by the Contractor and to determine in general if the work is proceeding
in accordance with the contract documents. Hurdzan/Fry Golf Course Design,
Inc. will at all times have access to the project site while construction is in
progress. If Hurdzan/ Fry Golf Course Design, Inc. become aware of any fault or
defect, we will give prompt notice to the Owner, followed by written
documentation regarding such notice.
5. Dr. Hurdzan will be the interpreter of the requirements of the construction
contract documents and the impartial judge of performance by the Contractor. Dr.
Hurdzan will make recommendations on all claims of the Owner or Contractor
relating to the execution and progress of the work.
6. Dr. Hurdzan or an appropriate representative will review and approve shop
drawings, samples, and other submissions of the Contractor for conformance with
the design concept of the project, and for compliance with information given in
the contract documents.
7. Dana Fry or an appropriate representative will participate in the semi-final
review when the Contractor completes all phases of work, and will prepare a
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punchlist of all corrective items which must be addressed by the Contractor.
Owner representatives will have input to the punchlist.
8. Dana Fry or an appropriate representative will conduct the final review after
all punchlist items have been addressed by the Contractor. If at this time any
additional corrective items are found, or if any punchlist items have been
addressed unsatisfactorily, Hurdzan/ Fry Golf Course Design, Inc. will notify the
Contractor and Owner of such deficiencies. When the project is found
satisfactory and in accordance with the contract documents by Hurdzan / Fry Golf
Course Design, Inc., the contractor shall initiate a written notice of completion
which will be endorsed and forwarded to the owner.
9. Upon satisfactory completion of the construction contract, and close-out of
work pertaining to this project, the final fee will be paid to Hurdzan/Fry Golf�
Course Design, Inc.
G. Irrigation
1. If necessary, an independent irrigation designer will be retained at the Owner's
expensc to develop a new irrigation plan, by studying the existing irrigation plan
and system, trying to save as much of it as practical, and supplementing it with
improved irrigation equipment and technology. This will be done in a generic
format to permit competitive pricing between suppliers. It is suggested the
irrigation designer make at least two visits to the site during construction to verify
the work is being done according to plans and industry standards of workmanship.
H. Post Construction Phase
1. Following construction during the establishment and maturation stage, Dr.
Hurdzan or his representative will make at least one visit to meet the client and
the golf course superintendent to review and discuss grow-in techniques, if
requested.
II. Client Responsibilities
A. Documents Required
To facilitate the successful completion of the improvement study, the client will be
responsible for the following:
1. Hurdzan/Fry Golf Course Design, Inc. personnel will be assured of the
necessary degrees of access to the golf course site, and will have the client's
approval to talk with golf course staff inembers or others about existin�
conditions and design options.
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2. Owner shall furnish existing conditions data sufficient for the needs of the
project and satisfactory to golf course designer, typically including a certified land
survey, engineering type aerial photography and contour map with a minimum of
a 2' contour interval, and a survey of above and below ground utilities including
tile lines, major drainage and existing irrigation (if available), easements,
covenants, restricted use areas, a hydrology and drainage plan,and any
geotechnical information which might effect earthmoving or grading. Information
should be provided on computer disk if available, or a reproducible format
typically at a scale of 1" = 100'.
3. A plan of existing irrigation system, if available.
4. The Owner shall provide to the golf course designer full, accurate and
complete information regarding the requirements for the project. Golf course
designer shall be entitled to rely on accuracy and completeness of information
provided.
5. The Owner shall furnish the services of consultants when such services are
deemed necessary or appropriate for this project. Such consultants may include,
among others, soil, civil, hydrologic or other engineers, archaeologists, landscape
architects, land planners, and wetland, wildlife, or botanical specialists.
6. The Owner shall furnish any laboratory test, inspection or report as required
by law or the contract documents or as the owner believes is in his best interest.
7. The Owner shall furnish such legal, accounting and insurance counseling
services as may be necessary for the project.
8. The Owner shall be responsible for securing all permits and approvals
necessary to completion of the project.
9. Owner shall be responsible for obtaining all public or private utilities or
services necessary to the construction of the golf course to include a suitable
source of irrigation water delivered to the contractor upon his request.
B. Other Consultants
If the client has retained other consultants, such as land planners or civil engineers, we
will expect the client to assure the necessary level of communication and coordination
between our team and theirs.
NOTE: The clients, if applicable, should retain a civil engineer to review and
provide any golf cart path plans or recommendations.
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III. Schedule for Completion
It is understood that if this proposal is accepted, the proposed improvement process is
generally outlined as follows:
TBA Client provides recent, scaled aerial photograph (1"=100' or
1"=200'), along with property boundary maps, buried and/or
overhead utility maps, contour maps, irrigation or drainagc maps,
etc.
TBA Architects prepare a composite base map of materials provided by
client
TBA Architect and client representatives conduct golf course evaluation
and then architect prepare draft plan
TBA Architect and committee refine draft improvement plan, and then
architect prepares final master plan for presentation to committee
and/or club
TBA Once master plan is approved by the club, architect will delineate
phases of work to be done in
"I�BA Golf course contractor is secured for of to do work.
Work begins in
It is further understood that both Hurdzan/Fry Golf Course Design, Inc. and the client will
carry out their respective responsibilities expeditiously in order to insure the completion
of the project on schedule.
IV. Fees and Expenses
A. Fees for the Improvement Study
Fees and expenses will be paid as each phase of work is completed. This proposed total
fee is based upon an assumed value of the improvement work to be a maximum of Five Hundred
Thousand Dollars. If the scope of the work become more or less, appropriate adjustments to the
fee can be made using a ten percent (10%) basis. It is also assumed that the work would be done
in one continuous phase and not spread over multiple years, or with multiple contractors.
1. The total fee for the provisions of golf course architectural services in Master
Improvement Planning as described in this proposal will be Fifty Thousand
Dollars, $50,000 USD, plus allowable expenses.
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The payment of this fee will be according to the following schedule:
• 33.3% or $16,666.66, upon completion of the entire Master Improvement Plan
• 33.3% or $16,666.66, upon completion of the Construction Documents and
Bidding Phase
• 33.3% or $16,666.66, upon completion of the construction phase
2. Payments not received within 15 days of the due date are subject to an
additional carrying charge of 1.5% per month on the unpaid balance. Failure on
the part of the Owner to pay invoices within 30 days may cause Hurdzan/ Fry
Golf Course Design, Inc. To stop work on this project and to withhold all work
products not previously delivered.
B. Expenses
Hurdzan/Fry Golf Course Design, Inc. will be reimbursed for allowable expenses on a
monthly basis throughout the course of the project, upon submittal of appropriate
documentation to the Owner.
Allowable expenses will include the following:
• Airfare, accommodations, auto rental, meals, etc. as billed, auto mileage based
on current IRS guidelines.
• Reproduction expenses for plans and materials beyond the scope of services
and outlined in this proposal.
• Out-of-pocket expense for telephone calls, shipping and mailing necessary to
the completion of the project.
V. Insurance
Hurdzan/Fry Golf Course Design, Inc. will provide, if requested, a certificate of insurance
outlining coverage at the following levels:
• General Liability: $2,000,000 single limit bodily injury per occurrence;
$500,000 property damage
• Professional Liability-Architect: $2,000,000 limit
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VI. General "I'erms and Conditions
A. Termination
This Agreement may be terminated: (i) by either party upon written notice, should the
other party fail to substantially perform in accordance with the terms of this Agreement
after having been given written notice of such failure is not attributable to the party
initiating the termination; (ii) by the Owner upon ten [10] day written notice to
Hurdzan/Fry Golf Course Design, Inc. shall be paid for all Basic Services, Additional
Services, Reimbursable Expenses or services of any Project Representative performed or
incurred prior to or on the termination date, including such sums as may accrue as a part
of terminating the services of Hurdzan/Fry Golf Course Design, Inc. under this
Agreement.
B. Ownership of Documents
Notwithstanding any termination of this Agreement (i) Drawings [including Working
Drawings] and Specification instruments of service are and shall remain the property of
Hurdzan/Fry Golf Course Design, Inc. whether the project for which they were made is
executed or not, and (ii) Drawings [including Working Urawings] and Specifications are
not to be used by the Owner on any other projects or extensions to this project except by
agreement in writing and with appropriate compensation to Hurdzan/Fry Golf Course
Design, Inc.
C. Successors and Assigns
The Owner and Hurdzan/Fry Golf Course Design, Inc. each bind himself, his partners,
successors, assigns and legal representatives of such other party in respect of all
covenants in this Agreement. Neither the Owner nor Hurdzan/Fry Golf Course Design
shall assign or transfer its interest in this Agreement without the written consent of the
other.
D. Arbitration
All claims, disputes, and other matters in question arising out of, or relating to, this
Agreement or the breach thereof shall be decided by arbitration in accordance with the
rules and regulations of the American Arbitration Association. Notice of the demand of
arbitration shall be filed in writing with both parties of this Agreement and with the
American Arbitration Association. The demand shall be made within a reasonable time
aftcr 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 would be banned by the
applicable statute of limitations. The award rendered by the arbitration shall be final, and
judgment may be entered upon it in accordance with the applicable law in any court
having jurisdiction thereof.
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E. Liability for Work Performed
Hurdzan/ Fry Golf Course Design, Inc. shall not be party to, nor obligated under, any
contract entered into by the Owner for construction work relative to this project. Nor
shall Hurdzan / Fry Golf Course Design, Inc. be responsible for contractor's performance,
or lack of performance, under any such contract. The Owner agrees to indemnify and
save harmless Hurdzan/ Fry Golf Course Design, Inc. from any and all claims, costs or
expenses arising out of the construction of the golf course, except that the Owner shall
not be required to indemnify Hurdzan/ Fry Golf Course Design, Inc. from any claims,
costs or expenses arising out of the negligence of Hurdzan / Fry Golf Course Design, Inc.
F. Hurdzan/Fry Personnel
The Owner agrees not to enter into any employment or consulting agreements, of any
type, with any employee of Hurdzan/ Fry Golf Course Design, Inc., during the period that
Hurdzan/ Fry Golf Course Design, Inc. is providing services under this contract, or
within a period of six months after this contract is concluded or terminated, for whatever
reasons, without the written consent of Hurdzan /Fry Golf Course Design, Inc.
G. F,xtent of Agreement
This Agreement represents the entire and integrated agreement between the Owner and
Hurdzan / Fry Golf Course Design, Inc. and supersedes all prior negotiations,
representations or agreements related to the subject matter hereof, either written or oral.
This Agreement may be amended only in writing executed and delivered by the parties
hereto.
It is mutually agreed that both the owner and/or Hurdzan/Fry retain the right to protect
their name and reputation from any unwanted or negative publicity caused by the actions
of one party or the other. If such a situation arises where one party wishes to disassociate
their name from the other party, or the project, this shall be accomplished through a
certified letter. Likewise reinstatement of name association can be done by a written
agreement between the parties.
VI[. Acceptance
To authorize Hurdzan/Fry Golf Course Design, Inc. to begin work on this project, the
Owner should sign this proposal in the space provided below. The signed copy of this
proposal should be returned and accompanied by a check in the amount stated in section
IV, A, 1. The check should be payable to Hurdzan/Fry Golf Course Design, Inc.
The commitment fee is refundable if the Owner for some reason elects not to proceed
with this project with Hurdzan/Fry Golf Course Design, Inc. ln determining the amount
of the fee to be refunded, Hurdzan/Fry Golf Course Design, Inc. will deduct the fair value
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of any services or expenses incurred prior to receiving notice from the Owner that the
project will not proceed.
Proposal Submitted by: Proposal Accepted By:
Hurdzan/Fry Golf Course Design, Inc. City of Palm Desert, California
Golf Course Architect Owner
Michael J. Hurdzan Authorized Signature
Name (Printed)
�.�1 �' � Z o07
Date � Date
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