Res 033-2007 3/6/2007 RESOLUTION NO. �� �C/LV�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICH ITA
FALLS, TEXAS, A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH WEEKS GOLF CLUB, LLC FOR
INTERIM GOLF COURSE MAINTENANCE SERVICES; FINDING AN D
DETERMINING THAT THE MEETING AT WHICH TH IS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQ UIRED BY LAW.
WHEREAS, The City of Wichita Faiis intends to renovate Weeks Park Golf
Course; and
WHEREAS, Weeks Golf Club, LLC has the experience and qualifications to
provide various maintenance services during the renovation; and
WHEREAS, The City of Wichita Falls will be without a golf course staff during
this time and wishes to contract for said maintenance services during the renovation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The attached Interim Golf Course Maintenance Services
Agreement is hereby approved, and the City Manager is authorized to execute.
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 day of 6�' day of March, 2007.
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r�,
MAYOR
ATTEST:
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i Clerk
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AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND WEEKS GOLF
CLUB, LLC FOR INTERIM GOLF COURSE MAINTENANCE SERVICES AT THE
WICHITA FALLS MUNICIPAL GOLF COURSE (WEEKS PARI�
WHEREAS, The Wichita Falls Municipal Golf Course (herein after referred to as
"Weeks Park") will undergo a significant renovation during 2007; and
WHEREAS, The City of Wichita Falls, Texas and Weeks Golf Club, LLC (herein after
referred to as "Contractor") have entered into an extended agreement for Management
Services at the conclusion of the renovation; and
WHEREAS, Contractor possesses certain skills and abilities that will be useful to the
City during the course of the renovation; and
WHEREAS, The City of Wichtia Falls is required, under the terms its contract with its
Golf Course Architect, to provide certain construction oversight responsibilities during
the renovation; and
WHEREAS, The "grow-in" or "maturation" period after the construction period will
require a high level of golf course maintenance; and
WHEREAS, it is mutually beneficial to the City of Wichita Falls and Weeks Golf Club,
LLC to agree on these services to ensure a quality renovation and to ensure the
contractor's familiarity and comfort with the renovation process.
NOW THEREFORE BE IT RESOLVED, both parties agree to the following terms and
conditions.
Article I. Grant and Term
(A) Grant. City hereby retains Contractor to provide interim golf course maintenance
services at the Wichita Falls Municipal Golf Course (Currently knows as Weeks Park
Golf Course and referred to as "Golf Course"). Contractor covenants and agrees to
utilize its professional skills and abilities to provide maintenance services in accordance
with the terms and conditions hereinafter provided and set forth.
(B) Re�ortin� Structure. Contractor shall report to the City Manager or a designated
representative of the City Manager.
(C) Initial Term. The term of this Agreement shall be from March 7, 2007 to December
31, 2007, unless an alternate ending date is mutually agreed upon by both parties.
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Article I1. Scope of Contractor Services and Duties
(A) Construction Services. During the course of construction, contractor will provide an
experienced and qualified Golf Course Superintendent who shall observe the course of
construction, evaluate if the work is being performed substantially in accordance with the
Contract Documents, keep the City, Contractor and the Golf Course Architect informed
of observations concerning the progress and quality of work, report to the City,
Contractor and the Golf Course Architect any observed significant deficiencies in the
work, or deviations from the Contract Documents or Construction schedule, participate in
regularly-scheduled meetings with the City, Golf Course Architect, and Golf Course
Construction Contractor.
(1) Commitment Durin� Construction Services. It is understood that the
Golf Course Superintendent will provide the services described above more or less full
time, approximately 32 hours per week unless the pace of construction warrants less time
or weather conditions limit the amount of work being performed.
(2) Limitation of Construction Services. It is understood that the Golf
Course Superintendent is not ultimately responsible for the deficiencies in the work, or
deviations from the Contract Documents or Constxuction schedule. However, the Golf
Course Superintendent is responsible to notify the City, Contractor and the Golf Course
Architect of any perceived deficiencies in the work, or deviations from the Contract
Documents or Construction schedule.
(B) Maturation Period Services. At the completion of the construction period of the
renovation, a period known as "maturation" begins during which the improvements made
in the construction period mature and "grow-in." During this period, a gradual increase
in the level of golf course maintenance occurs until final completion of the construction
contract. During this time, the Golf Course Superintendent and a crew of no more than
seven additional persons shall:
(1) Be in �lace at plantin� to assure each area is properly watered and
maintained to minimize loss of the new sprigs. Timely Watering and Fertilization are
critical to the establishment of turf. The Irrigation System and Equipment will be
maintained in good condition at all times.
(2) Irrigation- Green sprinklers should initially be operated by hand to insure
proper operation and minimize washing of seed. All surfaces should be moist at planting
and kept wet for the first 10-14 days which requires brief watering each 1-2 hours.
Irrigation should be gradually changed to less frequent applications and increased depth.
(3) Fertilit - Apply 0.5 lbs. of quick release water soluble N/1,000 each 3-4
days and reduce to a maintenance level as turf coverage nears completion.
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(4) Control of Erosion should be a major focus since it can become a serious
issue if not addressed in the early stages of turf development. Weeds and Insects can be a
problem, particularly during the "grow-in" period and will also require special attention.
The presence of leaf eating insects in particular should be detected and treated in the
early stages to avoid significant loss of turf.
(5) Mowing Height & Frequency will be adjusted as necessary to maximize
turf growth.
(6) Commitment Durin� Maturation Period. It is understood that the
maturation period will require varied amounts of time to fulfill the services described in
Section B above, necessitating varying levels of man power. Contractor will commit the
time and resources necessary to ensure the services described in Section B.
It is understood that the Golf Course Superintendent and his crew are ultimately
responsible for the success of the maturation period. Therefore, Contractor shall, on
execution of this Agreement, deposit the sum of $25,000 with an Escrow Agent agreed to
by both parties. The monies are placed in escrow to insure the successful completion of
the "grow in" period. Within 30 days after the end of the maturation period a
representative of Contractor and City shall perform a site inspection to verify turf
coverage of 90% of all the tees, greens, fairways and rough areas (defined as to the cart
path). In the event the City determines less than 90% turf coverage in any or all of these
areas, the City may demand the release of escrow funds and direct Contractor to correct
the deficiency. The City's demand for funds shall be made by certified letter to the
escrow agent and shall include supporting documentation of the City's cost to correct the
deficiency along with a copy of this agreement.
Contractor will not be responsible for damages to the golf course during the maturation
period caused by vandalism, wars, riot or acts of civil disobedience, fires, explosions,
floods, earthquakes, or other acts of God, strikes, labor disputes, shortages of materials,
or any other event not within the control of Contractor.
(7) Documentation of Activities. The Golf Course Superintendent shall
provide the City Manager or his designee a weekly report outlining irrigation, fertilizing,
erosion control and mowing activities from the prior week. The report shall be of
sufficient detail to verify the scope of services above and must include the number and
types of staff assigned to that week's work.
(C) Payment For Goods and Services. In exchange for the services described above in
Sections B, "Construction Services" and C, "Maturation Period Services", City will pay
Contractor a guaranteed sum of $12,000.
In addition, City will reimburse Contractor for any or all salaries, wages or benefits paid
to the Golf Course Superintendent and his crew. Compensation for employees of the
Contractor shall not exceed that paid for similar work in the labor market. In addition,
the City will reimburse Contractor for any all materials and consumable items used
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during the term of this agreement. Payment will be made monthly, upon submittal of
receipts of personnel expenses, materials and consumable items used. Subject to the
terms of Section F, "Limitation in Payment For Good and Services," payment will not be
unreasonably withheld. Payment will be made to Contractor in net 30 days.
(D) Use of Premises. Contractor will have use of the Golf Course Maintenance Area
during the term of this agreement. The City will pay the cost of all utilities during the
term of this agreement.
�E) Sale Of Citv Equipment. Prior to the start date of this agreement, representatives of
the City and Contractor will inspect the Golf Course Maintenance Area. Contractor may
purchase, at a mutually agreeable price, from the City any and all assets, goods, materials
or consutnable items that may be of use during the term of this agreement. Any assets,
goods, materials or consumable items purchased will be accepted on an "as is" basis.
�F� Limitation in Pavment For Goods and Services. It is understood that during the
period in which Contractor is providmg these services, Contractor will invest
considerable time and effort to prepare for a Grand Opening of Weeks Park and the
Management Agreement to commence at the conclusion of this agreement. These
periods of preparation, which include hiring and training permanent staff and purchasing
equipment for use during the term of the Management Agreement are not subject to
reimbursement by the City. It is agreed that as Contractor submits receipts for
reimbursement, time spent hiring and training permanent staff and purchasing equipment
for use during the term of the Management Agreement will be itemized and deducted
from the total request for reimbursement. The City has the right to withhold payment to
Contractor if the request for reimbursement consistently fails or omits itemization of the
time spent hiring and training permanent staff and purchasing equipment for use during
the term of the Management Agreement.
It is further understood that Contractor will be purchasing assets, goods, materials or
consumable items that will be used during the term of the Management Agreement. Any
assets, goods, materials or consumable items that will be used during the term of the
Management Agreement are not subject to reimbursement by the City. To that end, the
City will not be responsible for any assets, goods, materials or consumable items with a
single-item purchase price in excess of $1,000, excluding fertilizer.
(G) Independent Contractor - It is understood and agreed by the parties that Contractor
shall act and perform as an independent contractor in all aspects, and its employees shall
not be considered employees of the City. Contractor further agrees that it will pay all bills
or statements relating to this agreement and for which it is responsible in a prompt and
timely manner.
(H) Insurance and Certificates of Insurance. Without limiting any of the other
obligations or abilities of the Contractor, the contract shall, during the term of the
Agreement, purchase and maintain the herein as stipulated minimum insurance with
companies duly licensed to write business in the state of Texas. The carrier shall be rated
A- or better by A.M. Best. The City of Wichita Falls shall be named as an additional
insured on all required policies except Workers' Compensation. Valid Certificates of
Insurance for each policy covering the Contractor and Subcontractors, together with a
statement by the issuing company that said policies shall not be cancelled without thirty
(30) days prior notice being given the City.
All policies of insurance shall be written with a company or companies approved by the
Texas Department of Insurance to transact business in the State of Texas and acceptable
to the City whose acceptance will not be unreasonably withheld. Contractor agrees to
provide the City with certificates of insurance evidencing the required insurance
coverage's and shall provide the City with certificates of current coverage upon the
expiration or renewal of any insurance coverage. Upon each renewal of this Agreement,
the City reserves the right to amend the forego�ng insurance requirements or to require
additional coverage's and amounts as may be determined necessary by the City.
(1) Worker's Com�ensation Insurance:
(a) Worker's compensation coverage (or equivalent) shall be maintained for not
less than the Texas Statutory Limits.
(b) The policy shall contain a waiver of subrogation in favor of City of Wichita
Falls.
(c) The policy shall contain requirements that the City be given not less than
thirty (30) days notice of cancellation, non-renewal or material change.
(2) Commercial General (Public Liabilitv Insurance. Shall include coverage for
Premises/Operations, Products/Completed Operations, Independent Contractors,
Personal Injury and Contractual Liability insuring the indemnity provision contained
in this Agreement:
(a) Bodily injury limit of $250,000 per person and $500,000 per occurrence.
(b) Property damage limit of $25,000 per occurrence.
(c) Aggregate limit of $1,000,000
(d) Personal & Advertising Injury of $500,000
(e) The City of Wichita Falls shall be listed as an additional insured
( fl The policy shall contain requirements that the City be given not less than
thirty (30) days notice of cancellation, non-renewal, or material change.
(g) Coverage for the City of Wichita Falls shall also be provided to cover fixed
assets and should be written at least as broad as "special Form" providing
coverage for risks of direct physical losses, including theft.
(h) Contractor's insurance shall be primary and shall be endorsed to provide a
waiver of subrogation in favor of the City. The commercial General Liability
Insurance policy should be endorsed using Endorsement No. CG20 09 11 85.
(i) The polic y shall be written on an occurrence basis.
(I) Termination — Either party may terminate this agreement with 30 days written notice.
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This Agreement shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
1N WITNESS WHEREOF, the parties have executes this agreement on the dates
indicated below.
T� WICHITA F , TE S Contrac r:
1 �
By: B y'
Darron J. Leiker, City Manager Garry Black, Weeks Golf Club, LLC
Date: � O �U � Date: �� x � ` � �
APPROVED AS TO FORM:
By:
Bill Sullivan, City Attorney
Date: �C'� �
ATTES . `
By:
Lydia Ozun 'ty Clerk