Res 153-2005 11/1/2005RESOLUTION NO. 5 ED' S
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH GOLFSCAPES /SIRIUS GOLF ADVISORS TO
COMPLETE A COMPREHENSIVE PLAN FOR WEEKS PARK GOLF
COURSE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, City staff has completed a selection process for golf course
consultant services; and
WHEREAS, GolfScapes /Sirius Golf Advisors offered the scope of services that
matched the city's needs for a comprehensive plan; and
WHEREAS, the scope of services offered by GolfScapes /Sirius Golf Advisors
carries a not -to- exceed cost of $47,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The attached professional services agreement with
GolfScapes /Sirius Golf Advisors, with a not -to- exceed cost of $47,000, is hereby
approved.
SECTION 2 . It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 1st day of November, 2005.
MAYOR
ATTEST:
� c
1
ity Clerk
Golf Course Architect Services
Agreement
For
Wichit is
TEX
Matt Benoit
Assistant City Manager
City of Wichita Falls, Texas
Presented by
` "' r its Go Advi ors zze
Jacksonville, Florida
October 19, 2005
Golf Course Architect Services Proposal
Table of Contents
AGREEMENT ......... ........................................................................... ...............................
1
Article 1: Services to be provided by Sirius ......................................... ..............................1
1.1 MARKET ASSESSMENT ....................................................... ...............................
1
1.2 Customer Survey ..................................................................... ..............................2
1.3 Facility Review ........................................................................ ..............................4
1.3.1 Course maintenance ........................................................... ..............................4
1.3.2 Pro Shop and Snack Bar ..................................................... ..............................5
1.3.3 Golf Operations ................................................................... ..............................5
1.4 GOLF COURSE MASTER PLANNING AND DESIGN: Practice Facility ..............6
1.5 Drainage .................................................................................. ..............................7
1.6 Greens and Golf Features ....................................................... ..............................8
1.7 Other Course Improvements ................................................... ..............................8
1.8 Irrigation .................................................................................. ..............................9
1.9 FINAL PRODUCTS ................................................................. ..............................9
ArticleII: Compensation .................................................................... .............................13
2.1. Hourly Rate: ........................................................................................................
13
2.2. Payment Schedule: .............................................................................................
13
2.3. Expense Advance ................................................................ ...............................
13
2.4. Other Conditions .................................................................... .............................13
Article III -- City's Responsibilities ...................................................... .............................15
Article IV — Agreement Terms and Provisions ................................... .............................16
Article V — Acceptance of Agreement ................................................ .............................17
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AGREEMENT
This document (hereinafter referred to as the "Agreement ") represents an agreement
between the City of Wichita Falls, Texas (hereinafter referred to as "City ") and Sirius Golf
Advisors, LLC (hereinafter referred to as "Sirius ") for golf course architect and consultant
services to be described below (hereinafter referred to as the "Project ").
Article 1: Services to be provided by Sirius
1.1 MARKET ASSESSMENT
Goals
Prior to beginning our assessment of the local market, Sirius will interview
City officials to gain better insight into the City's goals and priorities for
Weeks. This is an essential part of the process as the goals can often be
contradictory. For example, to what extent is Weeks to be used as an "icon"
for the City? How important is profitability? Does the City want to maximize
Weeks; profit potential or merely insure that it is not operating at a loss while
meeting other City goals, such as providing an affordable golfing outlet for its
citizens. What are the budget constraints that need to be adhered to in
making capital improvement recommendations?
Once Sirius has been able to determine the City's priorities, it will undergo a
thorough evaluation of the Wichita Falls golf market. The purpose of this
analysis will be:
1. To determine existing and potential golf demand
2. Determine golf markets that may be underserved and those that may
be over served
3. Evaluate competition and determine both Weeks' current market
position and its ideal position in light of City's goals and priorities.
4. Provide the background for shaping the rest of Sirius's
recommendations to enable Weeks to meet City's goals and
priorities.
Process
The process will involve the following steps:
1. Interviews with City officials
2. Demographic analysis
3. Examination of the tourist market for the area
4. Demand analysis utilizing National Golf Foundation's database and
formulas
5. Detailed review of other courses in the market area. An example of
what the survey would look like is provided in the appendix. The
survey will cover:
a. Facility amenities including clubhouse, grill, pool, etc.
b. Practice facilities
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c. Course physical characteristics
d. Operating policies such as tee times; use of starters, rangers
and beverage cart; etc.
e. Green and cart fees
f. Membership fees
g. Other fees such as driving range buckets
h. Overview of course conditions
i. Overview of course layout and design issues
j. Rounds performance
1.2 CUSTOMER SURVEY
1.2.1 Goal
During the evaluation period, Sirius feels it is essential to solicit
feedback from golfers who currently utilize the course. This
feedback is critical in determining:
• Demographics of current clientele
• The courses these customers most play
• Customers views on various aspects of the golf operation
including:
• Course layout
• Course condition
• Golf operations
• Pace of Play
• Food and Beverage Service
• Merchandise
• Customer priorities in determining where they play
• Relative strengths and weaknesses of Weeks compared to
competition
• Comments and suggestion
1.2.2 What the Survey Covers
For this part of our study, Sirius will, with City's cooperation,
implement the National Golf Foundation's (NGF) Customer
Loyalty and Satisfaction Program (CLASP M ). CLASP is an
internet based tool (that can also utilize paper and pencil surveys)
that solicits customer feedback on a wide variety of issues. To get
the best and most balanced results, Sirius would ask that the
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survey be conducted for a minimum of a one -week period (two
would be better) and for extended periods each day.
This innovative approach eliminates a vast majority of
administration and provides both an automated survey and
reporting function. The survey will include questions concerning
potential course improvements and their relative importance. The
NGF program allows us to create a customized study to fit City's
facility's specific needs. Through CLASP Sirius can determine:
Wallet Share - Determine the percentage of City's customers'
rounds that are going to the competition
Customer Loyalty - Identify City's best customers
Customer Profiles - Profile City's customers and understand their
perception of price, value, quality and service of City's operation
Satisfaction vs. Importance - Learn why customers play City's
course
Competitive Analysis — Find out how City's course stacks up
Media Habits - Target advertising dollars and to reach potential
life customers
1.2.3 Sirius Responsibilities
1.2.3.1 Sirius will do the survey in both Internet and Print
Versions. The Internet survey uses golfer e-mail
addresses or directs golfers to the Web site. NFG set
up the survey which will require no development on the
City's part.. The traditional "paper and pencil" version
allows is for those golfers who are not on the internet.
Golfers complete the paper surveys and turn them
back in to the course personnel, who will manually
enter them on the Internet.
1.2.3.2 Either way, once City's customers complete the
surveys, Sirius provide City various reports which show
City how golfer expectations were or were not met at
City's facility and City's competitors, as well as key
features that are most important to City's customers.
1.2.3.3 Sirius will interpret the results and explain the
implications to the City's proposed redevelopment plan
for the golf course as well as to golf operations.
1.2.4 City Responsibility:
For the survey to successfully attain significant participation, Sirius
has found that it is essential that an incentive be offered for the
survey's completion. Sirius normally recommends that survey
participants receive an immediate incentive, such as a $5 coupon
in the pros hop or snack bar. The internet surveys, as they are
typically going to golfers that regularly play the course, can utilize
a future redemption such as'' /z off green fees. However, it is
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important that the coupon not be too restrictive as it will lose its
value as an incentive.
The City hereby agrees to facilitate the customer survey as
follows:
1.2.4.1 Provide an incentive. The City will provide an
appropriate incentive for the customers to complete the
survey. Sirius will advise and recommend various
options.
1.2.4.2 Print Materials. Sirius will provide a template for the
printed version of the survey, but the City will need to
print the actual surveys. A minimum of 250 would be
anticipated.
1.2.4.3 Provide Labor. The City will be responsible for the
distribution and collection of the paper and pencil
version of the survey. Sirius strongly recommends that
golf course personnel not be involved in the collection
of the data, although they should be involved in
soliciting and administering the survey. The reason
that golf course personnel should not be involved in the
collection of the data is to make the customer feel less
inhibited in their responses and to avoid possibility of
negative results not being forwarded.
1.2.4.4 Internet Version. The City will do a mass emailing to
known golfers in their email database to provide a link
to the internet version of the survey. Sirius would
recommend having an email sign -up at the golf course.
Alternatively or in addition, the City may set up
computer terminals whereby golfers can access the
internet version of the survey.
1.2.4.5 Ship. The City will ship the completed paper and
pencil surveys to Sirius for processing, unless City
wishes to key the data into the website provided.
1.3 FACILITY REVIEW
1.3.1 COURSE MAINTENANCE
Sirius will conduct a through review of the course conditions at
the competitive facilities, including a physical inspection of each
course. Sirius will then draw up a maintenance program for
Weeks designed to gain a competitive advantage. This will
consist of the following:
1.3.1.1 "On site" review of River Creek & Hawk Ridge Golf
Courses. Evaluate and Score the following:
a. Golf Course Design
b. Level of Conditioning
c. Strengths and Weaknesses
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1.3.1.2 Sirius will review City's maintenance equipment,
which City describe as well maintained, but "hand
me down in nature."
1.3.1.3 Sirius will visit with the Course Superintendent,
Mechanic, Manager and others as appropriate to
determine the Equipment Condition, Expected Life,
Needs and Cost to renovate or Replace each piece.
1.3.1.4 Sirius will evaluate each item of equipment observe
its operation or operate if appropriate.
1.3.1.5 Sirius will also recommend new equipment, should
Sirius feel the redesign or competitive maintenance
program warrants it.
1.3.1.6 From that survey Sirius will develop an ongoing
Equipment Replacement Plan including Timing and
Cost.
1.3.1.7 Sirius will also provide soil testing as a basis for
recommendations.
1.3.1.8 Recommend Design Criteria, Golf Course Standards,
and Maintenance Program & Budget to maintain
competitive advantage.
1.3.2 PRO SHOP AND SNACK BAR
The proshop and snack bar operations and amenities will be
thoroughly reviewed both as their current utility and in light of our
marketing research and recommended plans of action.
The review and recommendations will include:
• Physical Plant: Strengths and weaknesses of the physical
facility will be examined, with recommendations to
maximize utility. Any capital improvements needed will be
detailed with estimated costs.
• Merchandise Display: How is the merchandise displayed?
Strengths, weaknesses and recommendations.
• Merchandise Selection
• Merchandise Pricing
• Food & Beverage Menu Selection
• Food & Beverage Menu Pricing
All recommendations will be detailed and prioritized.
1.3.3 GOLF OPERATIONS
1.3.3.1 Goal
The goal of this review will be to identify strengths and
weaknesses of the current golf operations, including
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noting areas where profitability can be improved either
through revenue enhancement and /or reduction in
costs.
Areas to be reviewed include:
• Customer Service
• Management Structure
• Compensation
• Operating policies
• Operating Procedures
• Point -of -sale
• Tee time reservations
• Management reports
• Starters and Rangers
• Merchandising
• Food & Beverage Service including beverage
cart.
• Other issues such as no- shows, walk -ons, etc.
1.3.3.2 Strategy
For its review, Sirius will do the following:
1. Staff interviews: Sirius will interview all full -time
staff and a representative sample of part time
staff, including rangers and starters.
2. Physical Inspection
3. Review detailed financial reports
4. Review tee -sheet reports
5. Provide detailed recommendations. These
recommendations will be tailored to each of the
three master plans submitted. For example, if
one of our recommendations is to "upscale" the
course with an improved design, it is likely an
upgrade in customer service and amenities may
also be required. These will be detailed.
1.4 GOLF COURSE MASTER PLANNING AND DESIGN: PRACTICE
FACILITY
Sirius will evaluate the existing facility and the local golf market to determine
the practicality and probable economic impact of adding a driving range. Our
recommendations will include:
1.4.1 Location: Where the range should be located. Factors to
consider include: Proximity to the Golf Shop and Starting Holes,
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Area Available, Sun and Wind Orientation, Cost and Impact on
other holes which may reduce the overall golf experience.
1.4.2 Design: How the range should be laid out and what features
(such as target greens, teeing areas, etc.) should be included.
1.4.3 Other practice facilities: Whether or not other practice facilities
should be included or improved (such as an indoor practice area,
practice bunkers, larger practice greens, chipping area, etc.)
1.4.4 Costs: The costs associated with building the practice facility
1.4.5 Cash flow projections: As to impact of the range (these will likely
be included with the overall cash flow projections).
1.4.6 Strategy: Fortunately, Weeks Park has enough unused land area
to accommodate the addition of a practice range. It should ideally
be adjacent to the clubhouse and starting tees. It should face
generally south, both for sun orientation and because good
players to practice into the wind — which is considered the best
orientation.
Weeks Park has a north -south orientation, which means it will be
easy to get that orientation. It appears that the area north of the
clubhouse encompassing holes 1,2,.8, and 9 is the most logical
spot to get a practice range adjacent to the clubhouse, but that will
orient it north — which doesn't trouble average golfers.
The back nine probably has more available land, and re- routing to
eliminate the tenth hole as a par 3 would make sense from a
speed of play issue. However, the available land is far from the
clubhouse, and maintaining close returning holes and the range
may be difficult there, as the clubhouse sits at the narrowest neck
of the property.
Sirius will look at several scenarios, with the practice range at
various locations as part of our master plan for Weeks Park.
Sirius will devise a plan so that the range is near the first tee and
the clubhouse, replicates actual playing conditions (with features
like target greens, short game areas, etc.) and that our new
irrigation assists City in keeping it about the same condition as the
course itself. The designs will attempt to minimize reconstruction
of other holes to save money.
1.5 DRAINAGE
Sirius will evaluate the Weeks Park drainage system, with Jim Faubion
looking from a superintendent's perspective, and Jeffrey D. Brauer doing the
major engineering work. Sirius will determine the extent of problems in
interviews course personnel and by reviewing the course (and its flood
records) personally. Sirius will study a host of drainage issues City may face,
including Detention Requirements, Runoff Water Quality, Ground Water
Recharge, Soil Stability, Wildlife Habitat, Human Safety and Permitting.
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1.6 GREENS AND GOLF FEATURES
Sirius will conduct a thorough analysis of the condition of the Weeks greens.
The process will include:
1.6.1 Evaluation of greens for their overall design including Size,
Contours, Shot Holding & Available Pin Placements, General
condition including Putting Quality, External and Internal Drainage,
and Adjacent Bunkers and Surrounds
1.6.2 Soil Structure Analysis by a USGA approved Soils Testing Lab on
selected greens to determine underlining soil structure and identify
potential problem areas.
1.6.3 Sirius will offer City two options for greens reconstruction, as well
as many phasing plans. The minimum cost plan is to core out the
sand mix of City's greens and replace it. Generally, this runs
about $2 -3 per square foot. For about double that, City can
completely rebuild the green complex, including bunkers, grading,
etc. This will allow City to solve some inherent design problems in
the existing course.
1.7 OTHER COURSE IMPROVEMENTS
Sirius will develop goals, priorities, and strategies for improving other course
design elements, from the market study and discussions with City officials.
1.7.1 Strategy: Sirius knows Weeks Park relies extensively on repeat
play. It must allow golfers to score at or slightly better than they
score on most other courses. While golfers usually don't mind
being beaten by other golfers, they don't want to be "beaten up"
by the course that they play regularly. On the other hand, if a
course is considered too easy, it won't appeal to repeat or new
players.
The optimal solution is a course that looks very challenging, but is
designed to be fair and will allow a golfer to score consistent with
their playing ability. Based on the profile of golfers as Sirius
understand it at Weeks Park, it appears that Sirius may add back
tees, but keep middle tees at about the length they are now. The
forward tees, at 4925 yards, also appear to be approximately the
right distance for their target audience — average women players,
juniors, and other beginners.
Aesthetics. One of the appeals of playing golf is being out in
nature, in beautiful surroundings. The more pleasing a golf course
is to the eye and other senses (this also applies to course
condition), the greater the appeal of the course. With
municipalities, this may have an added degree of importance if the
course is used as a recruiting tool to attract businesses to the
area.
Variety. A well designed course features a variety of holes that
vary in character from one another, and the ability for golfers enjoy
using every club in their bag. For example, there should be a
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balance in the direction of the doglegs. Yardages should vary
from hole to hole.
1.8 IRRIGATION
Week's irrigation system was installed in 1985. It is antiquated in that it has
some parts from different manufacturers. City has recently replaced the old
"hydraulic" control system with a Toro Osmac, which is modern technology.
City have about 560 heads, when wall to wall systems on similar public
courses usually have about double that to allow for playable roughs, even if
they aren't watered constantly. Certainly, the highest and best proposal will
be replacement, since it's near the end of its useful service life of 20 years.
1.8.1 Should budget not allow total replacement, Sirius will evaluate it in
light of any proposed course design changes, and for any Specific
Areas needing attention. Since the Superintendent indicates
pressure problems, Sirius will also investigate a bigger pump
station and adding supplemental main lines to the back nine.
1.8.2 Sirius will also recommend how to connect and plan for any future
effluent connections. Given that effluent should be available by
late this year, typical design responses may include more part
circle sprinklers to avoid throwing water off the golf course
property.
1.8.3 Effluent Water Usage. Sirius will examine proposed plans for the
use of effluent at Weeks. Sirius will provide recommendations
concerning how best to collect, store and utilize effluent, while
meeting applicable regulations.
1.9 FINAL PRODUCTS
After its data collection and review, Sirius will provide, to the degree
requested by the City of Wichita Falls, a Detailed Report summarizing
our findings, including observations, recommendations and financial
projections; and a Golf Course Master Plan. Sirius will also provide
various materials to help in making public presentations of our findings
and recommendations.
Sirius will provide a draft report and a final report. The reports will contain
extensive support documentation, but will minimize "technical language"
to be readable for the general public. Both reports will be delivered in
both digital and printed form, with five printed and bound color copies of
the final report.
The report will consist of:
• Market Analysis
• Operational Evaluation
• Maintenance Report
• Architect's Report
• Marketing plan and fees
• Recommendations
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• Financial Projections
• Discussion
1.9.1 Market Assessment
The assessment will feature an unvarnished discussion of the
current state of Weeks Park, summarizing the survey data,
demographics and market information, and competitive review.
The assessment will then recommend strategies on how Week's
Park should be positioned in the market to maximize its
opportunities.
This assessment will guide all other changes laid out in the Golf
Course Master Plan, Marketing, Maintenance and Operations
Plans.
1.9.2 Operations Evaluation
This section will detail our thorough examination of the operations
at Week's Park. This will include reviewing financial records as
well as the results of our observations and interviews.
The report will focus on those areas that are having an adverse
affect on profitability as well as areas where revenue could be
enhanced. It will also include specific recommendations to correct
problems found. All areas of the operation will be evaluated
including:
• Golf operations
• Merchandise
• Food and Beverage
• Management
• Accounting
It has been our experience that this section alone will find enough
areas for improvement that will result in an improvement in
profitability equal to several times the cost of the study.
1.9.3 Marketing Plan and Fee Structure
Sirius will provide a marketing plan with recommendations for
positioning the course with the public. As part of this plan, Sirius
will provide physical and digital displays that will be helpful in
making public presentations.
Included in these reports will be recommendations for fee
structure. These will be highly dependent upon the determined
City goals and priorities, including City's recent decision to
reinstate annual passes for some residents. The resulting fee
structure will be one that will maximize revenue, through yield
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studies to determine times when demand is highest and areas
where play needs to be aggressively recruited, anticipate price
tolerances. Sirius will propose:
• Rate tiers by time of day, days of week and seasons,
including cart fees, green fees and driving range fees
• Potential special promotions for Weeks Park. If City's play
is weak on Fathers Day, for example, Sirius may
recommend a Fathers Day Special at two for one, so Dad
has incentive to spend his day playing golf with his children
or family.
• Customer Loyalty Programs with the possibility of annual
passes, prepaid rounds, etc. The advantages and
disadvantages of various strategies will be discussed as
well as rates for any recommended programs.
Sirius will also provide recommendations as to how best to market
the facility, including an appropriate budget. Various media will be
discussed, including the impact of the internet on modern golf.
1.9.4 Agronomy Report
The Agronomist shall prepare a report detailing our
recommendations for budgets, staffing, equipment levels, and
other considerations to Weeks Park, base on our initial inventory
as described previously. Recommendations will mesh with overall
operating plan.
1.9.5 Irrigation Report
The Irrigation Consultant shall prepare a preliminary Evaluation of
the existing irrigation system, including a cost analysis of starting
over vs. keeping parts of the existing system. With Owners
approval of one or the other, he shall participate in two [2]
meetings with the Owner and design team to review and establish
project design criteria. He shall provide a conceptual design and
report to:
• Prepare preliminary head and coverage plan based on
budget limitations.
• Review product selections and applications to the project
• Water supply, rates of delivery, water quality, pumping
requirements
• Likely Permit restrictions
• Projected irrigation budget
• Review of the coverage plan with the design team and
Owner at a meeting [1] to review and agree to coverage
and projected system cost making necessary adjustments
to this plan to fit the final budget for the project.
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1.9.6 Architect's Report
The Golf Course Architect shall prepare a preliminary evaluation
of the Owner's proposed site, program, schedule and construction
requirements, and budget for the Work, each in terms of the other,
and Consult with the Owner regarding the necessity of obtaining
services from other consultants and professionals that may be
necessary to complete the Project.
Then, the Golf Course Architect shall prepare:
• A Preliminary Cost Estimate for golf course construction
costs, based on information contained in the Master Plan,
and utilizing area, and /or volume estimates, unit pricing, or
similar conceptual estimating techniques.
• A Phasing Plan based on the approved master plan, and
Owner's budget and priorities, should the total amounts of
required funds exceed their ability to complete in one year.
• A Final Master Plan Report compiling data and interim
documentation created throughout the Project.
• A Presentation, at a time and place appropriate to the city,
to describe the Master Plan Program.
1.9.7 Financial Projections
Sirius will provide five year cash flow projections for each at least
three different scenarios:
• Status Quo: What performance is likely to be over the
next five years if no changes are made.
• Scenario One: Operational improvements with more
limited capital improvements.
Scenario Two: Operational improvements with more
extensive capital improvements.
1.9.8 Course Master Plan
Upon approval of the Evaluation, the Golf Course Architect shall
prepare a t least two (2) Schematic Routing Study(s) illustrating
and evaluating possible re- routings of the golf course, and
reasonably depicting approximate location and extent of the golf
course, based on criteria provided by Owner, including adding
practice facilities, a new irrigation pond, and possibly extending
back tee length.
Once the rerouting is agreed upon, the Golf Course Architect shall
prepare Final Master Plan Phase refining and better establishing
requirements for the Owner's preferred routing alternative, which
shall include a Preliminary Feature Design Study illustrating
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Proposed feature designs for the Golf Course, including locations
and approximate configurations of tees, greens, fairways, lakes,
and hazards, but these shall be subject to change in the final
design process. The feature design shall depict locations of the
Clubhouse and Maintenance areas, parking lot and entry road,
pump station and other related facilities as applicable, but the Golf
Course Architect is not responsible for programming, site planning
or final design of these features.
The recommendations in the Golf Course Master Plan will mesh
with the Operations plan. For example, if one of our
recommendations is to "upscale" the course with an improved
design, it is likely an upgrade in customer service and amenities
may also be required. These will be detailed.
Article fl: Compensation
2.1. HOURLY RATE:
Sirius will bill the City at a fixed rate of One Hundred Dollars ($100) per hour.
The following table represents the anticipated number of hours necessary for
the study. It is understood by both parties that the task estimates in the
following table may be reallocated, but the total number of hours shall be the
maximum fee the City of Wichita Falls shall pay for the stipulated service. The
City and Sirius may agree to extend the agreement to include other services
outside the scope of this Agreement.
2.2. PAYMENT SCHEDULE:
Payments shall be made every other week upon presentation of Golf Course
Architect's Invoices, which shall be in proportion to services performed. All
amounts due Sirius under this Agreement are due thirty (30) days from the
invoice date, and the Sirius shall pay his sub - consultants within 10 days or
receiving payments. Late payments shall be subject to a Late Payment Fee
equal to 10% of the actual invoice.
2.3. EXPENSE ADVANCE
City agrees to pay an advance of $2,000 upon execution of the contract
towards anticipated expenses.
2.4. OTHER CONDITIONS
2.4.1. If the Project is in a state, city or county that requires sales or other
specific taxes on professional services, or if, during the course of the
Project, any government authority enacts new or additional sales or
specific taxes, surcharges or fees on professional services, Owner shall
compensate consultants accordingly.
2.4.2. Consultants Fees and other applicable charges in this Agreement,
including hourly rates and any fees for incomplete Phases of Work (not
the fault of the Golf Course Architect) shall increase automatically by u
%o on about August 30, 2006, and a maximum of 3% per annum
thereafter.
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2.4.3. Fees Estimate: The following table represents Sirius' estimate for its
services and expenses. These figures represent the maximum charge
to the City, unless extenuating conditions present themselves and the
overage is approved by the City or should the City desire additional
services at a mutually agreeable fee.
Services and Fees Estimate
Service I Compensation Method
Stipulated Fee
Golf Course Master Plan
Market Assessment and Operations Review
Market Assessment and
Wait -40 Hours
$4,000
Surveys
Faubion —27 Hours
$2,700
Agronomy Report
Maintenance Review
Faubion — 36 Hours
$3,600
Marketing and Operations
$5,700
Plan
Pro Shop, F and B report
Wait — 30 Hours
Fee Structure
Wait - 12 Hours
Marketing
Wait— 15 Hours
Financial Projections
Wait -30 Hours
$3,000
Preliminary Evaluation
Golfscapes -8 Hours
$800
Preliminary Design -3
Golfscapes -16 Hours
$1,600
Routings for DR
Preliminary Feature Design
Faubion — 8 hours
$6,900
Drainage
Golfscapes — 16 Hours
Feature Evaluation
Faubion — 8 hours
Wait — 8 hours
Golfscapes — 29 Hours
Irrigation Report
Faubion — 16 hours
$4,600
Little — 30 Hours
Supporting Documents
Golfscapes
$5,100
Phasing
20 Hours
Cost Estimates
20 Hours
Plan Data
11 Hours
Total Service Fees
$38,000.00
Expenses
NGF Survey
$1,000.00
Soil Testing
$6,000.00
Estimated Travel and
$2,000.00
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Golf Course Architect Services Proposal
Service
Compensation Method
Stipulated Fee
Miscl. Expenses
Total Fee and Expense
Estimate
$47,000.00
2.4.4. All expenses listed under the "Expense" category above represent
"pass- through" expenses. With the exception of travel expenses, at City
option, these expenses may be billed directly to the City by the vendor.
2.4.5. Supplemental Services. Reimbursable Expenses include actual
expenditures made by the Sirius, or subconsultants or their consultants
retained (if any), in the interest of the Project for the following:
2.4.6. Travel expense including meals and lodging, airfare, car expense
(rentals, gas and insurance), airport parking fees, and /or taxi expense,
and miscellaneous fees such as tips. Personal or corporate automobiles
shall be reimbursed at $0.485 per mile (IRS guidelines).
2.4.7. Reproduction Costs, including in house and contracted blueprints or
computer plots, and other copies or reproductions in connection with the
Project.
2.4.8. Communication Expenses, including courier costs and other handling
and delivery of Instruments of Service; Long Distance Telephone Calls,
and other electronic communication including Fax and e-mail in
connection with the Project.
2.4.9. Cost of Making topographical information AutoCAD ready, including
scanning and making contours "3 -D" compatible either in house or via
Subcontract.
2.4.10.Other Project Related Expenses, including any required testing (like
soils or greens mix testing) expendable surveying supplies, and any
Project related equipment rentals, special renderings or display
materials, models and mock -ups, if requested by Owner.
Article 111 -- City's Responsibilities
The City shall:
Designate a representative authorized to act on their behalf with respect to the
Project.
When readily available and required for the scope of this Project, furnish best
available information as follows:
A recent scale aerial photograph and topography map for the site of the Project.
This information shall be supplied in format specified by Golf Course Architect.
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Golf Course Architect Services Proposal
Property Legal information and Surveys including boundaries and adjoining property;
complete data for existing buildings, improvements and trees; rights -of -way,
easements and encroachments; and zoning, deed, or other land use restrictions.
Utility Information including available and planned service and utility lines both public
and private, above and below grade, including inverts and depths.
Environmental information including any Phase I EAW, wetlands delineations,
floodplain and hydrological information relating to the site, and information
concerning toxic or hazardous materials.
Testing and Supporting Services including tests, inspections, reports, legal,
accounting and insurance services, and services of consultants when reasonably
requested by Golf Course Architect.
Unless otherwise stipulated, the services, information, surveys and reports
required by this Article shall be furnished directly by the City and at the City's
expense, and Sirius shall be entitled to rely upon their accuracy and
completeness.
• Give prompt notice to Sirius, if the City becomes aware of any fault or defect in
the Project, including any fault in Sirius's services.
• Use Drawings, or other documents prepared by Sirius and its consultants for this
Project only as agreed herein. Sirius shall retain all common law, statutory and
other reserved rights, including copyrights.
The City's unauthorized use of any plans produced under this Agreement, including
use of documents without construction evaluation services of Sirius, and use of any
drawing not intended for construction purposes for construction or for other projects
shall be at City's sole risk and liability.
Article IV — Agreement Terms and Provisions
3.1. Termination and Suspension
This Agreement may be terminated by either party upon seven (7) days written
notice should the other party fail substantially to perform in accordance with the
terms of this Agreement through no fault of the party initiating the termination.
The City upon may terminate or suspend the Agreement for convenience and
without cause.
If such termination or suspension is not the fault of Sirius, Sirius shall be
compensated for Services and Reimbursable Expenses earned or accrued
before termination.
3.2. Disputes
The Owner shall notify Golf Course Architect of, and provide reasonable
opportunity to remedy any faults in performance. If Golf Course Architect fails to
provide satisfactory remedy, then Owner and Golf Course Architect shall
endeavor to settle unresolved claims and disputes between them by mediation
as a condition precedent to arbitration or the institution of legal or equitable
proceedings by either party.
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Golf Course Architect Services Proposal
3.3. Extent of Agreement
This Agreement represents the entire and integrated Agreement between the
Owner and the Golf Course Architect and supersedes all prior negotiations,
representations, or agreements either written or oral. The Owner and the Golf
Course Architect may amend this in writing.
If any provision of this Agreement is found to be void, invalid or unenforceable for
any reason, that provision shall be stricken, and the balance of the Agreement
shall remain enforceable.
Nothing in this agreement is intended to create a contractual relationship for the
benefit of any third party. There are no intended beneficiaries of this Agreement
except the Golf Course Architect and the Owner.
Neither the Owner nor the Golf Course Architect shall assign or transfer their
interest in this Agreement without the written consent of the other.
Article V — Acceptance of Agreement
Return by City of one executed copy of this Agreement and the initial payment
within 60 days of signature by Sirius shall indicate acceptance of this offer and be
sufficient to initiate Work. After 60 days, this offer is invalid and a new
Agreement may be offered.
The undersigned hereby understand and agree to the provisions of this contract.
5
SignatVre Signature
Siriys''Golf Advisors, LLC City of Wichita Falls, Texas
Title
Title
October 19, 2005
Date Date
Sirius Golf Advisors, LLC 17