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99-97 Resolution No. 99-97 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH J.W. TURF, INC. FOR THE MAINTENANCE AND REPAIR OF GROUNDS MAINTENANCE EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement with J.W. Turf, Inc. for the maintenance and repair of grounds maintenance equipment at Spartan Meadows and Wing Park Golf Courses, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 24, 1999 Adopted: March 24, 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk i r AGREEMENT THIS AGREEMENT, made and entered into this 24th day of March, 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and J. W. Turf, Inc . (hereinafter referred to as "CONTRACTOR" ) . WHEREAS, the CITY desires to engage the CONTRACTOR to furnish certain professional services in connection with the maintenance and repair of the grounds maintenance equipment at both Spartan Meadows and Wing Park Golf Courses (hereinafter referred to as the "PROJECT" ) . AND NOW, THEREFORE, for and in consideration of the mutual undertakings provided herein, and other good and valuable consideration, the receipt and sufficieny of which is hereby acknowledged, the parties hereto agree as follows : I . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR" . B. J. W. Turf will provide the personnel and tools to perform all maintenance and repairs to the grounds maintenance equipment at both Spartan Meadows and Wing Park Golf Courses . Equipment inventory list hereto is attachment A. C . The detailed Scope of Services are as follows : 1 . Preseason service : Done at J. W. Turf shop; approximately 6 weeks of work 44 hours of work per week. Work to commence at the City' s instruction. * Replace any hydraulic hoses that look worn * Change engine oil and engine filter * Change hydraulic oil and hydraulic filter * Tune up engines (if needed) * Decarb cylinder heads (if needed) * Grease all fittings * Repair anything that is broken * Detail equipment (wash and wax) * Grind reels (or replace if needed) * Grind bedknives (or replace if needed) * Replace bearing, seals in reels and rollers (if needed) * Change fuel filters -2- * J. W. Turf, Inc . to compile parts lists for City to order and process invoices . (All golf course equipment used for maintenance of course will receive this treatment at J. W. Turf ' s shop with the exception of the tractors, which will be done at Spartan Meadows and Wing Park pursuant to City' s instruction. J. W. Turf will do this annual overhaul once in 1999 . 2 . In Season Service : Monday - Friday, 10 : 00 a .m. through 2 : 00 p .m. approximately between April and October (between Spartan Meadows and Wing Park Golf Course) these are estimates, J. W. Turf will work each day until work is completed at no additional charge to the City. * Adjust reel to bedknife and height of cut on all reel units . * Grease all fittings on all reel and rotary mowers, as well as bunker rakes . * Check fluid levels engine oil , hydraulic oil, and water in all power driven equipment . * Repair anything that may have broken. * Repair tires . * Grind reels or backlap (as needed) . * Repair weedeaters . * Grind rotary blades . * Sweep shop and keep area clean. * Keep daily maintenance record for each piece of equipment every time we service. * Supply engine and hydraulic oil and grease that will be kept at Spartan Meadows . * J. W. Turf to compile parts list for City to order and process invoices . 3 . Miscellaneous Services : Any emergency and or out of season work needed January 1 , 1999 through December 31, 1999 . Included in service : One J. W. Turf mechanic : Marty Rowe. Complete set of reel grinders and bedknife grinders at Spartan Meadows maintenance garage (retail value of $28 , 000) for the use during service period, complete set of tools needed for golf course equipment ; Marty Rowe will bring these each day in his service truck. J. W. Turf will supply all oil needed for the City equipment during the service period. -3- II . WORK PRODUCTS All work products prepared by the CONTRACTOR pursuant hereto including, but not limited to, reports, calculations, studies, photographs, and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the CONTRACTOR may retain copies of such work products for its records . Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONTRACTOR. III . PAYMENTS TO THE CONTRACTOR (Lump Sum Method) A. The CITY shall make monthly payments to the • CONTRACTOR based upon actual progress within 30 days after receipt and approval of invoice . Said periodic payments to the CONTRACTOR shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. March $5 , 438 April 5 , 438 May 5, 438 June 5, 438 July 5 , 438 August 5, 438 September 5 , 438 October 5 , 438 November 5, 438 December 5, 438 IV. INVOICES A. The CONTRACTOR shall submit invoices in a format approved by the CITY. B . The CONTRACTOR shall maintain records showing actual time devoted and cost incurred. The CONTRACTOR shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONTRACTOR for work done under this Agreement . The CONTRACTOR shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement . -4- • V . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONTRACTOR. In the event that this Agreement is so terminated, the CONTRACTOR shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above . VI . TERM The term of this agreement shall commence upon execution and entry into this agreement and end as of December 31, 1999 . VII . BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement . VIII . INDEMNIFICATION The CONTRACTOR shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONTRACTOR in connection herewith, including negligent actions or omissions of employees or agents of the CONTRACTOR arising out of the performance of professional services . IX. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement . -5- X. INSURANCE A. Comprehensive Liability. The CONTRACTOR shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1, 000, 000 aggregate for bodily injury and $1 , 000 , 000 aggregate for property damage . The CONTRACTOR shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article IX entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500 , 000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1, 000 , 000 per occurrence subject to a $1, 000, 000 aggregate . XI . NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship . No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap . Any -6- violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XII . ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XIII . DELEGATIONS AND SUBCONTRACTORS This agreement may not be assigned without the express written consent of the City. XIV. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the CONTRACTOR, or as constituting the CONTRACTORR as the general representative or general agent of the CITY for any purpose whatsoever. XV. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . XVI . HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof . XVII . MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties . Each party agrees that no representations -7- or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XVIII . APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois . XIX. NEWS RELEASES The CONTRACTOR may not issue any news releases without prior approval from the DIRECTOR, nor will the CONTRACTOR make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XX. COOPERATION WITH OTHER CONSULTANTS The CONTRACTORR shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXI . INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The CONTRACTOR certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code . XXII. SEXUAL HARASSMENT As a condition of this contract, the CONTRACTOR shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment ; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; -8- F . directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request . P .A. 87-1257 . XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONTRACTOR to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONTRACTOR be made or confirmed in writing. • XXIV. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows : A. As to CITY: Monica Meyers Director of Parks and Recreation City of Elgin 31 South Grove Avenue Elgin, Illinois 60120-5555 B. As to CONTRACTOR: Holly Gilmour Account Manager J. W. Turf, Inc . 19N937 U. S . Highway 20 Hampshire, Illinois 60140 -9- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement . For the CITY: ATTEST: THE CITY OF ELGIN By W0' 4-„---Q__ / ' =t,c.„._ By • & . City Clerk ity Manager (SEAL) For the CONTRACTOR: I 'ell Dated this . ay of , A.D. , 1999 . ATTEST: eS cuwa0 YBY'; ;r1-‘'.— Secretary President (SEAL) .4 OF f� LL) ASAT City of Elgin Agenda Item No. N'itEDv�� March 5, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Maintenance of Golf Course Equipment PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with J. W. Turf, Inc . for the annual maintenance of equipment at the City of Elgin Golf Courses . BACKGROUND Funding was included in the 1999 budget to contract the large equipment maintenance services at the golf courses . The golf course mechanic has been transferred into the Parks Division to handle the entire Parks and Recreation Department small equipment repairs . Large equipment needs of the golf opera- tion will be maintained under this contract agreement . Maintenance work provided will be preseasonal preparation/ tune-ups including replacement of hoses, filters, bearings, reels, rollers, etc. from approximately January through March, daily service from approximately April through October for minor, ongoing maintenance such as lubrication, checking and adjusting fluid levels, setting adjustments, grinding blades/ reels, and other general maintenance or repairs, as needed, as well as miscellaneous and/or emergency service throughout the year. Four requests for proposals were distributed to contract the maintenance of the golf course equipment . The only company to respond with a proposal was J. W. Turf, Inc . at a cost of $54, 380 . 00 to be paid in ten monthly installments of $5, 438 . The cost includes the mechanic ' s time and any grease and oil provided. J. W. Turf, Inc. has estimated the equipment maintenance hours to be performed as follows : Preseason Tune-up Work 6 weeks @ 44 hrs/week = 264 hours rft. In Season Maintenance Work 32 weeks Q 20 hrs/week= 640 hours Emergency Calls/Overrun 2 weeks @ 20 hrs/week = 40 hours Total Hours = 944 hours Maintenance of Golf Course Equipment March 5, 1999 2 All work will be performed on-site at Spartan Meadows or Wing Park Golf Courses . The J. W. Turf, Inc . mechanic will be on- site daily, Monday through Friday, for a minimum of four hours each day. The J. W. Turf, Inc . mechanic will provide any tools needed to perform maintenance work and will install a reel grinding unit at Spartan Meadows maintenance garage . This maintenance contract will include the tracking of re- pairs, maintenance, parts and other related service informa- tion for each unit to evaluate the cost effectiveness and useful life of each unit . This daily on-site maintenance service will reduce the equipment down time as compared to sending equipment off-site to be serviced. All references were checked and were favorable with J. W. Turf, Inc . providing the best service and response time of companies in that field. References checked included the Bartlett Hills Golf Course and the Mt . Prospect Golf Course . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . 1tc_FINANCIAL IMPACT e;2, The maintenance contract with J. W. Turf, Inc. totals $54 , 380 . There are funds budgeted and available in the Golf Division Contractual Services account number 540-5802-775 . 40-08 for the payment of this annual maintenance service. LEGAL IMPACT 10141(A contract will need to be prepared and reviewed by the Legal Department . ALTERNATIVES None. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the maintenance contract with J. W. Turf, Inc. for the 1999 annual golf course equipment maintenance contract totaling $54, 380 . 00 . Re: ectfully submitted, / . / GCtt L.,, - Jo 'e J. Parker City Manager ML/js