00-45 Resolution No. 00-45
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 on behalf of the City of Elgin 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/ Ed Schock
Ed Schock, Mayor
Presented: February 23 , 2000
Adopted: February 23 , 2000
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this , (7 day of February , 2000, 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 sufficiency 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
repair 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
and 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 bearings, seals in reels and rollers (if needed)
* Change fuel filters
* J. W. Turf, Inc. to compile parts list 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
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done at Spartan Meadows and Wing Park pursuant to City's instruction. J. W.
Turf will do this annual overhaul once in 2000.)
2. In Season Service: Monday - Friday, 10:00 a. m. - 2 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, 2000 through December 31, 2000.
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 in
his service truck. J.W. Turf will supply all oil needed for the City equipment
during the service period.
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 for its
records. Such work products are not intended or represented to be suitable for reuse by
the CITY or 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 CONSULTANT (Lump Sum Method)
A. The CITY shall make monthly payments to the CONTRACTOR based on 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
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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.
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, 2000.
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
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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.
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 CONTRACTOR under Article VIII 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.
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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 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 CONTRACTOR 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
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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 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. NEWR
S LEA
ESES
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 CONTRACTOR 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;
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E. the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
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.
XXVII. 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 CONSULTANT:
Holly Gilmour
Account Manager
J. W. Turf, Inc.
19N937 U. S. Highway 20
Hampshire, Illinois 60140
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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
ByALcze_"____ By 6 ' L
City lerk ity Manager
(SEAL)
For the CONTRACTOR:
aoovG-
Dated this day of d ' • , A.D., .
ATTEST:
By ?%-1-')PN CO-OiL)AA-e/n By / / `-`
Secretary President
(SEAL)
8
Golf Equipment Replacement Program FY00-FY04
Suggested life Description Use Estimated Fy2000 Estimated FY2001 Estimated FY2002 Estimated FY2003 Estimated FYI
Cost Cost Cost Cost
Cost
$6,500.00 x
5 1998 Gator Utility 1
8 1984 Truckster Utility 2 $12,000.00 x
8 1990 Truckster Utility 3 $13,000.00 x $6,500.00
x
5 1999 Gator Utility 4 x
5 1998 EZ Go Workhorse Utility 5 x
5 1998 EZ Go Workhorse Utility 6 x
5 1998 EZ Go Workhorse Utility 7 x
5 1998 EZ Go Workhorse Utility 8
5 1991 Toro Greensking Greens 1 $19,000.00 x
5 1990 Jacobsen Triplex Greens 2 $20,000.00 x
$22,000.00
x
5 1999 John Deere 2500 Greens 3 $22,000.00 x
5 1999 John Deere 2500 Greens 4
5 1991 Jacobsen Walker Greens 5 $6,000.00 x ,
5 1991 Jacobsen Walker Greens 6 $6,000.00 x
5 1998 John Deere 220A Greens 7 $7,000.00 x
5 1998 John Deere 220A Greens 8 $7,000.00 x
CL 5 1993 Jacobsen Light Fairway 100 Fairway 1 $26,000.00 x
5 1993 Jacobsen Light Fairway 100 Fairway 2 $27,000.00 x
5 1993 Jacobsen Light Fairway 100 Fairway 3 •$28,000.00 x
I-
2
5 Wing LF 100/eliminate gangs Fairway 4 $26,000.00 x
Iy 8 Wing 10'rotary Roughmower Fairway 5 $30,000.00 x
8 1999 Batwing Rotary Fairway 6
J 10 Five Gang Blitzer Fairway 7
tr 8 1993 Super Rake Specialty $10,000.00 x
8 1998 John Deere 1145 Specialty 1
cr 8 1998 John Deere 2653A Specialty 2
10 1995 John Deere Sprayer Specialty 3
$16,000.00 x
10 1991 Greens Aerifier Specialty 4 $7 000 x
7 1993 National Triplex 84" Specialty 5
10 1997 Woods Mulcher Specialty 6
20 1980 Toro Sweeper Specialty 7
25 1987 Diesel Tractor Specialty 8
25 1987 Diesel Tractor Specialty 9
10 1998 Roller Unit Specialty 10
8 Cyclone Spreader Specialty 11 $8,500.00 x
Years Total Cost Estimate $76,500.00 $74,000.00 $60,000.00 $58,000.00 $57,000.00
- Prepared By Mike Lehman 08-24-99
. K
,(v`,c OF Et
C/1
° —City of Elgin Agenda Item No.
% R
January 12, 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Golf Equipment Maintenance Contract Extension
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider extending the
current contract for maintenance of golf course equipment with
J. W. Turf for a second year.
BACKGROUND
In 1998, a Request for Proposal (RFP) was initiated to contract
services for maintenance of golf course maintenance equipment . J.
W. Turf was awarded the contract as low bidder to perform the
service in 1999 for the cost of $54, 380 . The RFP gave the City the
option to extend the contract for an additional year if the
services performed were deemed satisfactory by the City. J. W.
Turf has performed adequately and agreed to maintain the current
fee for the service in 2000 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
NANCIAL IMPACT
OV3.1
Adequate funds are budgeted and available in the Golf Course
Division budget in the Contract Services account number 540-5802-
775 .40-08 in the amount of $54, 380 for this expense .
100/(LEGAL IMPACT
None .
r
rft. Golf Equipment Maintenance Contract
January 12, 2000
Page 2
ALTERNATIVES
Not to extend the golf equipment maintenance contract with J. W.
Turf and rebid the service contract .
RECOMMENDATION
It is recommended that the Mayor and members of the City Council
extend the maintenance contract with J. W. Turf for 2000 in the
amount of $54 , 380 .
Re •ectfully submitt ,
4111!
J•/ce ��. Parker
City Manager