Loading...
HomeMy WebLinkAbout5024Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5024 ED FAULK OPERATIONS, LLC Gold Mountain Golf Course Greens Superintendent Parks LEG 12-1 5/2/2011 12/31/2012 7/1/2012 Comments : GREENS SUPERINTENDENT AGREEMENT THIS AGREEMENT is between the CITY OF BREMERTON, a mumcipal corporation (heremafter referred to as "City") and ED FAULK OPERATIONS, LLC., a Washington limited liabilrty corporation, (heremafter referred to as "Contractor") WHEREAS, the City is the owner of Gold Mountam Golf Club, which ownership includes the land upon which said golf complex is located, the buildmgs and other improvements which are a part thereof, and WHEREAS, the Gold Mountasn Golf Club consists of two 18 hole golf courses, the Olympic and the Cascade course, ("Golf Courses" or "Courses"), a dnvmg range, the clubhouse and other related facilrties and structures, collectively also referred to herein as ("Golf Club") WHEREAS, the Crty previously entered mto an agreement with Ed Faulk, Contractor's pnncipal ("Pnncipal"), for greens mamtenance and related services at the Golf Club; and WHEREAS, the current agreement between the City and Contractor for these services expires December 31, 2010; and WHEREAS, the City desires to enter mto a new agreement with Contractor for greens rnamtenance and related services at the Golf Club, NOW, THEREFORE, m consideration of the mutual covenants contained herem, the parties agree as follows 1. SCOPE OF WORK. The City hereby agrees to retam the Contractor to maintain and improve the Golf Club as follows. (a) The Contractor shall maintam and improve the Golf Club grounds, to mclude clubhouse grounds and surroundmg azeas, which will meet or exceed the standard in the industry for public courses in the Puget Sound region, and as more thoroughly specified in Exhibit A (b) The Contractor shall devote rts attenhon and energy on a full time basis to the performance of duties as Greens Supenntendent for the City dunng the term of this agreement. Contractor and its employees shall conduct themselves at all times and m all matters in accordance with the standards accepted for Greens Supenntendents The Contractor's Pnncipal is required to be a member of the Golf Supenntendent's of Amenca, the Western Washmgton Golf Course Supenntendent's Association, and the Northwest Turf Grass Associahon (c) The Contractor shall report directly to the Director of Parks and Recreation or assigned designee ("Director") and work closely with the Golf Professionals who manage the golf operations of the Golf Club. The Contractor and Golf Professionals shall Greens Superintendent Agreement mutually agree upon the open and start of play daily, with the Director resolvmg any conflicts In all instances, the start time will be set to maximize the Golf Club's availability to the public (d) The Contractor's Pnncipal shall attend all meetings of the Gold Mountam Golf Complex Board of Directors The Contractor may recommend and submit changes m policies and procedures to the Golf Complex Board at any regular meeting. (e) The Contractor shall maintam a good credrt ratmg m all commercial transachons so as to not discredit the reputahon or name of the City of Bremerton. (fl The Contractor shall supervise, direct, and tram its staffto perform the duties and meet the requirements specified m Exhibit A (g) The Contractor's Pnncipal agrees to be available to attend regular and special meehngs of the Parks and Recreation Commission, and City Council, and shall be prepared to discuss issues and ideas of mterest to the Contractor and City (h) The Contractor will comply with all audrtmg and accountmg requirements set forth by the City The Contractor's books and records will be open to mspection at any time dunng normal busmess hours 2. TERM. The term of tlus Agreement Lease shall be two (2) years commencmg on January 1, 2011 (the "Commencement Date") and shall termmate on December 31, 2012, unless otherwise earher termmated m accordance with Section 14 3. PERFORMANCE. The Contractor shall supervise and direct the work as provided for m this Agreement, using its best skills and attention From the perspective of grounds safety and turf condihon, the Contractor shall have the sole authonty to declare when the courses are open for golf play and when golf carts will be allowed on the courses Any maintenance practices or renovation pro�ects that would disrupt play will be mutually agreed upon by the Contractor, Golf Professionals and Director The Contractor shall be solely responsible for the means, methods, techmques, sequences and procedures for coordmahng all portions of the work contemplated by this Agreement 4. COMPENSATION. The Contractor will be paid the annual sum of SEVEN HUNDRED SEVENTY-EIGHT THOUSAND THREE HUNDRED TWELVE AND NO/100 DOLLARS ($778,312.00) for the services descnbed herem Annual compensation will be paid in 24 equal installments, twice monthly, on a mutually agreed schedule. The parhes acknowledge and agree that, except as otherwise provided for in this Agreement, this compensation covers all the Contractor's costs of operations includmg (a) Labor costs including, but not limited to, medical coverage for Contractor's employees, payroll, insurance, L&I, Boazd Expenses, dues, laundry, and travel (b) Taxes and fees mcluding, but not limited to, retail sales, state and local B&O, federal income, social secunty, and unemployment, and 2 Greens Superintendent Agreement (c) Other costs and expenses related to Contractor's operahons under this Agreement at the Golf Club 5. AGREEMENT OPENER. In the event of extraordinary circumstances, such as ma�or caprtal improvements to the facilrties or a maJor tournament, requinng the Contractor to perform significant additional work, the parties may revisit the compensation set forth m Section 4 above and negotiate additional compensation for the additional work pursuant to a separate agreement or as an amendment to ttus Agreement. 6. PURCHASING. All supplies, capital and equipment expenditures used by Contractor in the mamtenance of the facilihes such as fertilizers, small tools and parts for ma�ntenance equipment, will be the responsibility of the Department of Parks and Recreation. The Contractor agrees to coordinate all purchasmg requests for such items through the Director. 7. FACILITIES AND EQUIPMENT. The Contractor will have the use of the City's maintenance facilrties at the Golf Club for the duration of tlus Agreement, at no cost to the Contractor The Contractor agrees to keep the building m a clean and orderly condition throughout the term of this Agreement The Contractor agrees to make necessary mmor repairs to the maintenance building. In the event of ma�or damage or destruction to the mamtenance building that is not the responsibility of the Contractor, the City agrees to repair or replace said buildmg Contractor will promptly notify Department of Parks and Recreation of any building defects The Golf Club equipment mcludmg, but not limited to, the imgahon system, drainage, benches, trash receptacles, flag sticks, ball washers and mamtenance equipment shall be provided by the City and be mamtamed m good workmg condihon by the Contractor, and remams the property of the City The Contractor agrees to mamtam the imgation system in good worlang condition Repairs and mamtenance of the pump station beyond the capabilities of the Contractor will be the responsibility of the Crty Unless specifically provided otherwise herein, all equipment for ma.mtaimng the Golf Club, as specified in this Agreement, shall be provided by the City 8. RELATIONSI3IP OF PARTIES. Contractor is skilled in the matters addressed in the Scope of Work and is performmg independent functions and responsibilities witlun rts field of expertise Contractor and its employees are independent contractors and not employees of the City Contractor and its employees have no authonty to bmd the City or to control the Crty's employees and other contractors. It is agreed and understood that the Contractor shall be solely responsible for the hinng and finng of its employees All employees retamed by Contractor to perform services under this Agreement shall be employees of Contractor and not employees of the City Contractor shall be responsible for payroll, payroll taxes, FICA, federal taxes, workers compensation, Labor & Industry, and medical insurance premiums and all other benefits associated with employment wrth Contractor 3 Greens Superintendent Agreement As an mdependent contractor, Contractor is responsible for its own management The City's admimstration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Contractor or its employees 9. INSURANCE. Contractor agrees to purchase a policy of liability msurance which shall protect it and its employees from any loss caused by property damage or personal in�ury at the Golf Club Said msurance policy shall be in the amount of One Million Dollars ($1,000,000.00) for each occurrence. The Contractor agrees that said msurance shall name the City of Bremerton as an additional msured A copy of the certificate shall be required to be kept on file with the Crty Risk Manager 10. SUPERVISION. Contractor shall report directly to the Director and shall cooperate and work closely with the Golf Professionals In those situahons where conflict of interest arises, the situation will be brought immediately before the Director for resolution 11. LIENS AND INSOLVENCY. The Contractor shall not allow any property of the Crty to become encumbered with liens of any sort by reason of its action or omission 12. INDEMNITY. The Contractor agrees to defend, indemmfy and save harmless the City, its appomted and elected officers and employees, from and agamst any and all liability, loss, costs, damage and expense, including costs and attorney fees m defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily in�ury, includmg death at any time resulting therefrom, sustained or alleged to have been sustamed by any person or persons and on account of damage to property, arismg or alleged to have ansen directly or indirectly out of or in consequence of the performance of Contractor under this Agreement, whether such in�unes to persons or damage to property is due to the act, omission or negligence of Contractor, its employees, subcontractors, agents, successors or assigns This provision shall be inapplicable to the extent that the City is �udicially found solely negligent for such damage or in�ury 13. NONDISCRIMINATION. Contractor shall not discnmmate in the employment or services to the public on the basis of race, color, nahonal ongin, sex, religion, age, marital status, sexual onentation or disability, except employment actions based on a bona fide occupahonal qualification 14. TERMINATION. This Agreement will termmate upon the happerung of any of the following events (a) Upon its normal terminahon if not renewed (b) Upon the death of the Supenntendent's Pnncipal (c) The physical disability of the Supenntendent's Pnncipal which substanhally prevents the Pnncipal from performmg lus duties for a conhnuous penod of one (1) month or for an aggregate of three (3) months during each calendar year (d) Pnncipal's conviction of a gross misdemeanor or felony 4 Greens Superintendent Agreement (e) Ma�or damage or destruction of the Golf Club property, structures or equipment that is the sub�ect of this Agreement, when the City decides not to rebuild, and that damage or destruction will prevent Contractor from substantially performmg its obligarions under this Agreement. ( fl Contmuing mattention or neglect of duhes. (g) Suspension of Pnncipal from those associations listed under Subsection 1(b) for more than thirty (30) days. (h) Substanhal breach of any provision of this Agreement. In the event of termination of tlus Agreement by reason of Pnncipal's death or disability, the Contractor shall be paid its compensation to and mcludmg the month of death, or in the event of disability, the Contractor shall be paid to the last day of the month in which termmation occurs 15. BREACH AND CURE. In the event that either party claims that the other party is in violation of subsection 14( fl(g) and/or (h) of this Agreement, the party claimmg the violation may give the other party a wntten notice of breach The party m breach shall have thirty (30) days after notice within wluch to correct any activity or conduct claimed by the other to have constituted a breach of the Agreement Upon mutual agreement, a conference may be called between the parties m which case every reasonable effort shall be made to reach an amicable soluhon At said conference, erther party shall be entrtled to have representatives present In the event that either party shall, withm said thirty (30) day penod, fail to either correct the activity claimed to constitute a substantial breach of this Agreement or notify the other party m writmg of their denial of said substantial breach of tlus Agreement, then, m such event, this Agreement shall cease and termmate as of the expiration of the thirty (30) day penod. 16. NOTICE. Any notice required or permitted to be given under this Agreement shall be sufficient if m wntmg and personally served or sent by registered or certified mail. In the case of the Contractor, it may be mailed to PO Box 4130, Bremerton, Washington 98312, and in the case of the City. Bremerton City Clerk, 345 Sixth Street, Suite 600, Bremerton, Waslungton 98337 17. OTHER. (a) Applicable Law: This Agreement shall be controlled by the laws of the State of Washmgton Contractor shall perform and comply with all applicable laws of the Untied States and the State of Washmgton, the Charter, Mumcipal Code and Ordmances of the City of Bremerton; and rules, regulations, order and directives of their admmistrative agencies and the officers thereof 5 Greens Superintendent Agreement (b) Severability: The invalidity or unenforceability of any provision hereof shall, m no way, affect the validity or enforceability of any other provision (c) Waiver: Failure to insist upon stnct compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relmquishment of such nght or power at any time be taken to be a waiver of any other breach (d) Modification Any waiver, alterahon or modification of any of the provisions of this Agreement or cancellation or replacement of tlus Agreement shall not be valid unless in wntmg and signed by the parties (e) Entirety: This Agreement, mcludmg the exhibrts attached hereto and formmg a part hereof, are all of the covenants, promises, agreements and conditions, either oral or written, between the parhes (� Remedaes: Rights under tlus Agreement are cumulative, the failure to exercise on any occasion any nght shall not operate to forfeit such nght on another occasion. The use of one remedy shall not be taken to exclude or waive the nght to use another (g) Licenses and Fees: Contractor shall secure and mamtam, in full force and effect dunng the term of this Agreement, all required licenses, permrts and similar legal authonzations and comply with all requirements thereof Contractor is responsible for payment of all taxes and licensmg fees necessary to perform its obligations under tlus Agreement These taxes and fees mclude but are not limited to State industnal msurance, B&O, State professional licensmg, and City business licensing If any taxes or fees due the City have been declared delmquent, the City may withhold the delinquent amount, plus any additional charges ansmg from the delmquency, from any payments due Contractor. (h) Use of Facilities and Equipment: The Contractor and its employees shall use the facilities herem descnbed for those purposes and only for those purposes enumerated herem and other complex related maintenance items, and for no personal uses (i) Fidelity Bond: Contractor shall enter into an honesty and fidelrty bond m the sum of Ten Thousand Dollars ($10,000 00), nammg the City as the msured thereunder. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date set forth below CITY OF BREMERTON � / I � ' I� � . . ��; . � - DATE � ��Z '— / � ED FAULK OPERA' 0 Greens Superintendent Agreement I:111�Y�T.yIM � CAROL GEN, City Clerk APPROVED AS TO FORM• R GER A LUBOVICH, City Attorne R\LEGAL\Files\Current Actrve\Greens Supenntendent Agreement 2011 doc �^��''�'�i!,. � �� y _ , s- ► � Greens Superintendent Agreement EXHIBIT A The City hereby agrees to retam the Contractor to maintain and improve the Gold Mountam Golf Complex courses, to include clubhouse grounds and surroundmg areas, and through Contractor's efforts will stnve to have the condition of the Gold Mounta�n Golf Complex m the best possible shape, sub�ect to budgetary and environmental limitahons withm which the Contractor must perform this work. The Contractor does agree to conform to the generally accepted standards and practices of similar golf courses in the Western Washmgton region MAINTENANCE STANDARDS: The followmg are the parameters of the maintenance prachces and programs for the Cascade and Olympic courses A. B. Maximum Mowing Heights Cuttmg Hei t Sethn�s Tees Fairways Roughs Collars Greens Mowing Standards Frequency Per Week Tees Fairways Roughs Collars Greens C. Bunkers Raked Frequencv Per Week D. Aerification Greens And A rons. Summer 1/2" 1/2" 1-1/4" 1/2" .125" Summer Winter 1/2" 1/2" 1-1/4" 1/2" 150" Wmter 2 As Needed To 3 Maintain Maximum 2 Mowmg Heights 3 7 Summer Winter 3 As Needed All greens aenfication will be coordmated with the pro staff to mitigate impact to tournaments and special events, and timed to maximize revenues Greens Superintendent Agreement Spnng Aenfication will be performed wrth a mmimum 5/8" hollow tmes Fall. Ainfication will be performed with a mmimum 5/8" hollow tmes Tees. Fairwavs And Greens Surrounds These azeas will be aenfied a minimum of once per year with 3/4" hollow tmes E. Capital Projects Capital pro�ects that have been approved by the City that can be accomplished with the knowledge and skills of the Golf Complex mamtenance staff but would require addirional labor will be negotiated as a separate contract or an addendum to the current contract Construction of new tees on Cascade Course will contmue as manpower and conditions allow Upgradmg irngation system on Cascade Course, i e new satellites and spnnkler heads will contmue as budget allows F. Regular 1VIaintenance Practices Light sand top-dressing of the greens will be done monthly dunng the growing season Cup location and tee markers will be changed daily dunng the growmg season Fairway divots will be filled with sand and seed monthly Divots on tees will be filled with sand and seed daily Divots on dnvmg range tee will be filled with sand and seed a mimmum of 4 days per week Both courses will be kept free of storm blow-down and branches Encroaching brush and Scotch Broom with be cut back yearly Cart paths and bunkers will be edged a mmimum of once per year All restrooms will be cleaned and samtized daily Clubhouse lawns and landscapmg will be maintained regularly. Greens Superintendent Agreement Parlang lot and entry road will be kept clean and debns free G. Equipment Maintenance Regularly scheduled mamtenance will be performed on all equipment to mirumize costly repairs and equipment down time All repairs and parts will be documented to help identify problem equipment and determme cost effectiveness of repair vs replacement All cuttmg umt blades will be sharpened regularly to ensure a precise clean cut m order to keep the turf healthy and the playmg surface smooth H. Irrigation The Contractor will mamtam the imgation system to the best of his abilities. The City will contract with an outside agent for preventive mamtenance of the irngation pump stations on both the Olympic course and the Cascade Course. The Contractor will work with the City's Water Resource Manager to coordmate water usage and water pressure concerns I. Chemical Use The Contractor will work closely with the Water Resource Division of the City in the use of chemicals and their applicahon at the Gold Mountam Golf Complex. A list of all pesticides and other chemicals must be mamtamed by the Contractor mcluding the MSDS mformahon sheets, dates and time applied, the person who applied the chemical and other information that may be required by OSHA, WISHA, Department of Labor and Industry, EPA and any other city, county, state, or federal agency that would have enforcement authonty J. Fertilization The Contractor will set up a fertilization program for the Golf Complex and work closely with the Director of Parks and Recreation to determme a yearly budget for fertihzer K. Tree Removal Hazardous trees will be removed by the Gold Mountain mamtenance crew as required for safety The Contractor will work with the City Forestry Manager for removal of any trees that aze not related to safety Greens Superintendent Agreement