Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for Award Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (REV 12/22)
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
November 7, 2023
Date: October 18, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: First Amendment to Agreement for Golf Management and Maintenance Services CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods, [email protected], 209-577-5437
DESCRIPTION:
Consider approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025. (Funding Source: Golf Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with the City of Modesto 2020-2025 Strategic Plan Area of Focus:
Governance and Service Delivery.
BACKGROUND:
In Fiscal Year 2020-21, the City Manager authorized the Purchasing Manager to issue formal Request for Proposals (RFP) for the furnishing of Golf Course Management and Maintenance Services.
On December 8, 2020, by Resolution 2020-537, Council approved the award of proposal and Agreement for furnishing Golf Course Maintenance and Management Services to BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for a three-year agreement with two (2), two-year extension options for an annual estimated cost of $2.6M.
DISCUSSION:
The current contract with BrightView is set to expire on December 31, 2023. An extension is required to maintain service to the City’s Golf Courses. In July, staff began negotiations with BrightView to exercise its first of the two (2), two-year extensions allowed for in the agreement.
This first extension will extend the term through December 31, 2025.
The proposed First Amendment will accomplish the following:
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City Council, November 7, 2023
First Amendment to Agreement for Golf Management and Maintenance Services,
1. Extend the term of the agreement for two additional years through December 31, 2025.
2. Increase the Water Utility and Arbor Care caps.
3. Add an Irrigation Tech Specialist to oversee the irrigation systems at both golf courses.
4. Add golf landscape maintenance for the First Tee Putting Green.
Staff is requesting an increase to the minimum annual compensation by $412,148 from $2.6M to a new annual amount not to exceed $3.04M. The proposed amendment includes a 15.8% increase ($233,910) to the maintenance service component of the agreement and approximately a 15.4% increase ($178,238) to the operation and management of the Golf Courses. These increases cover inflationary impacts, scope changes, and rising costs of goods and wages.
BrightView used the West Urban CPI from July of 3.5% to determine the increase of the base maintenance contract value not including scope changes. The following summarizes compensation under the proposed first amendment.
Annual Expenditures 1st Amend DIFF
Landscape Maintenance $1,184,000 Yr. $1,338,964 $ 154,964 13.1% Operation Management* $1,135,850 Yr. $1,314,088 $ 178,238 15.7% Water Utility $150,000 Yr. $176,315 $ 26,315 17.5%
Marketing Budget* $18,000 Yr. $18,000 $ -
Vandalism/Arbor Care/Capital Improvements $66,000 Yr. $118,631 $ 52,631 79.7% Irrigation Repairs $28,000 Yr. $28,000 $ -
Field Maintenance (MUNI) $33,500 Yr. $33,500 $ -
Green Waste and Litter Removal (MUNI) $4,250 Yr. $4,250 $ - Faithful Performance and Payment Bond
(One-Year Cost renewed annually) $13,048 Yr. $13,048 $ - Maintenance $1,478,798 $1,712,708 $ 233,910 15.8%
*Management $1,153,850 $1,332,088 $ 178,238 15.4%
Grand Total $2,632,648 $3,044,796 $412,148 15.7%
*The City Operating budget for each Golf Course is composed of the Operation Management and Marketing budgets.
Staff is not requesting any additional funding for these increases. Staff anticipates the increased costs in merchandise, food and beverages to be recovered in sales revenue. Also, savings resulting from the debt service being paid will assist in lessening the impact of these increases.
FISCAL IMPACT:
Staff is requesting an increase of $824,296 to the Agreement with BrightView to a new total not to exceed $13,987,536. The following summarizes compensation paid for the first term of the Agreement ending December 31, 2023:
Actuals
2021 2022 2023 Total
Maintenance $1,478,798 $1,478,798 $1,478,798 $4,436,394 Management $1,153,850 $1,153,850 $1,153,850 $3,461,550
Total $2,632,648 $2,632,648 $2,632,648 $7,897,944
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City Council, November 7, 2023
First Amendment to Agreement for Golf Management and Maintenance Services,
The proposed amendment will increase the annual amount by $412,148 for a revised annual amount of $3,044,796.
Current
Annual Amount
Amended
Annual Amount Increase
Maintenance $1,478,798 $1,712,708 $233,910
Management $1,153,850 $1,332,088 $178,238
Total $2,632,648 $3,044,796 $412,148
The total increase will be $824,296 for the first extension for a revised total amount of $13,987,536 over five years. This increase was budgeted for FY23-24 and will be included during the annual budget process. Prior to the termination of the amended agreement, the City will have the option to exercise its second two-year extension through December 31, 2027.
COMMITTEE RECOMMENDATION:
This item went to Safety and Communities on October 9, 2023 where it was recommended to be forwarded to Council for approval with a recommendation to increase the marketing budget. Staff will be working with BrightView to review the marketing plan and budget for the Golf Courses and will return to the Safety and Communities Committee to review the findings.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025.
Approved by:
Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment – Golf Management & Maintenance Services Agreement
3. Exhibit E – Pricing Schedule
4. Golf Management & Maintenance Services Agreement
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11/07/2023/PRN/LSmith/Item 1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE FIRST AMENDMENT WITH BRIGHTVIEW GOLF MAINTENANCE, INC., IN PARTNERSHIP WITH KEMPERSPORTS
MANAGEMENT FOR GOLF MANAGEMENT AND MAINTENANCE
SERVICES INCREASING THE ANNUAL PAYMENT BY $412,148 FOR A REVISED TOTAL NOT TO EXCEED $13,987,536, AND EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2025
WHEREAS, in June 2020, the City issued a Request for Proposals (RFP) to provide golf course management and maintenance services and six vendors attended the mandatory site visit at Creekside Golf Course; and
WHEREAS, BrightView Golf Maintenance Inc., (“BrightView”), in partnership with KemperSports Management, Inc., (“KemperSports”), was the sole bidder and staff found the bid to be responsive and responsible; and
WHEREAS, on December 8, 2020, by Resolution 2020-537, the Council approved the award of proposal and Agreement for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all City owned golf courses, to BrightView Golf Maintenance, Inc., Calabasas, CA, in partnership with KemperSports Management, Modesto, CA, for a three-year Agreement with two (2), two-year extension options; and WHEREAS, the current contract with BrightView is set to expire on December 31, 2023 and an extension is required to maintain service to the City’s Golf Courses; and WHEREAS, the City wishes to extend the Agreement to December 31, 2025; and WHEREAS, in July 2023, staff began negotiations with BrightView to exercise the first of two (2), two-year extensions allowed per the agreement; and #10..
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11/07/2023/PRN/LSmith/Item 2 2023-
WHEREAS, BrightView requested an increase in compensation of 3.5% per the Western Urban Consumer Price Index; and
WHEREAS, staff is requesting an increase in compensation to increase the Water Utility and Arbor Care budget; add an Irrigation Specialist; and add landscape maintenance for the First Tee putting green; and
WHEREAS, the total annual increase to the agreement is $412,148 or $824,296 for the two-year period; and
WHEREAS, amending the agreement will allow uninterrupted services until the agreement expires on December 31, 2025; and
WHEREAS, this item was presented to the Safety and Communities Committee on October 9, 2023, where the Committee recommended it be forwarded to Council for approval with a recommendation to increase the marketing budget; and WHEREAS, staff will work with BrightView to review the marketing budget and plan for the Golf Courses and return to Committee to present its findings.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services to a revised total amount of $13,987,536 and extending the term of the Agreement to December 31, 2025.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #10..
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11/07/2023/PRN/LSmith/Item 3 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of November, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ______________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: __________________________________
JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to the AGREEMENT (“FIRST AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2023, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and BRIGHTVIEW GOLF MAINTENANCE, INC., Calabasas, CA, in partnership with KEMPERSPORTS MANAGEMENT, Modesto, CA, hereinafter collectively referred to as "CONTRACTOR".
This FIRST AMENDMENT to AGREEMENT is made with reference to the following recitals:
A. On December 8, 2020, by Resolution No. 2020-537, CITY and CONTRACTOR entered into an Agreement (“AGREEMENT”) for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all city owned golf courses.
B. CITY AND CONTRACTOR desire to amend the AGREEMENT to extend the term for an additional two (2) year period (January 1, 2024 to December 31, 2025).
C. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to increase the compensation paid for the Scope of Services identified in the AGREEMENT.
D. All other provisions of the AGREEMENT shall remain in effect.
NOW, THEREFORE, the parties hereto mutually agree to the following:
1. Section 1, subparagraph (d) shall be amended to read as follows:
“d. CONTRACTOR shall furnish said services at the contracted rates as specified and attached hereto as Exhibit “E” and made a part hereof, in an amount not to #10..
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2 exceed $3,044,796 annually.”
2. Paragraph (1) of Section 3 “Term of Contract” shall be amended to read as follows:
“The term of the contract shall be for a period of five (5) years, with one (1) twoyear extension option at the sole discretion of the CITY, for a total of up to seven (7) years.
Year 1: January 1, 2021 through December 31, 2021
Year 2: January 1, 2022 through December 31, 2022
Year 3: January 1, 2023 through December 31, 2023
Year 4: January 1, 2024 through December 31, 2024
Year 5: January 1, 2025 through December 31, 2025
Year 6: January 1, 2026 through December 31, 2026
Year 7: January 1, 2027 through December 31, 2027”
3. Except as modified and amended by this FIRST AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.
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3 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. __________, adopted by the City Council of the City of Modesto on the _____ day of ___________, 2023, and CONTRACTOR has caused this First Amendment to Agreement to be duly executed. (SIGNATURES ON NEXT PAGE)
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EXHIBIT E
PRICING SCHEDULE
THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. ** Management and Maintenance for all (3) Golf Courses unless otherwise specified Annual Expenditures
Landscape Maintenance $1,338,964/Yr
Operation Management (Dryden & Creekside) $1,314,088/Yr Water Utility $176,315/Yr
Marketing Budget $18,000/Yr
Vandalism/Arbor Care/Capital Improvements $118,631/Yr
Irrigation Repairs $28,000/Yr
Field Maintenance (MUNI) $33,500/Yr
Green Waste and Litter Removal (MUNI) $4,250/Yr
Subtotal $3,031,748/Yr
Faithful Performance and Payment Bond (One-Year Cost renewed annually) $13,048/Yr
Grand Total $3,044,796/Yr
Labor Rate for Additional Services (Prevailing Wage) $25.00/Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The CONTRACTOR shall submit a quotation to the City Representative for review and approval.
Materials shall be at the CONTRACTOR’s landed cost less any earned discounts, plus a mark-up of 20%, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer’s invoice in order to verify the proper price charged to the CITY. #10..
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AGREEMENT TRANSMITTAL SHEET
**Please attach TWO original agreements for signature (unless otherwise noted).
ConsultanWendor Name:BrightView Golf Maintenance Inc.
Subject of Agreement: Golf Course Maintenance/Management Originating Dept: PRN D Division: Admin/Facilities
Contact Person: Extension: 75418 / ~64- ~'54--3 ~{(
J
Contract Expiration Date:
Is this a Consultant Agreement? ~ YES D NO NTE Amount $ Sl.632.Mll)rrNr S18.42U37f7 y..,, Is this a Bid? ~YES O NO If Yes: Bid Date: 7-28-2020
Was Council Approval Required: ~ YES D NO If Yes: Meeting Date: 12-8-2020 Resolution Number: 2020-537
Required Signatures:
Purchasing Manager
Director of Finance
Risk Manager
Initial when
signed
Item Number: 31
City Attorney
City- Manager 5 O I ~
City Clerk
Initial when
signed
Provide summary of fiscal impacts (identify funding source) of this agreement:
Provide brief summary of the goods/services provided in this agreement and business justification:
Golf course management services for Creekside & Dryden. Golf course maintenance services for Creekside, Dryden & Muni. 3 year contract w/2 2-year extension options.
Wflii 06
SPECIAL INsTRucTIONs1NoTEs: Rol,l,t~d. DlA.ts1 ~ of DJ)w_ (~ ciuv i"b 4t~wl ,~¼t<?..
One executed original will be placed on file in the City Clerk's Office. One executed original will be returned to the contact person listed above. The originating department is responsible for making and distributing required copies after the agreement Is executed. {'Al: <./7 ,s
ec.: ,A"I 11'/~Y
f,/ .. 3:1/08
~ 6---
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CHECKLIST FOR AGREEMENTS
Use this Checklist to be sure your agreement is ready to be circulated for approval. Attach the completed Checklist to the Agreement Transmittal Sheet and submit your agreements to Jena Duke in the Finance Department
□
□
□
□
Two original agreements, with wet signatures have been signed by the other party, are blue backed and are attached to this Checklist. (Blue backed) Frank Splendorio The agreement has previously been reviewed and approved by ______ in the City Attorney's Office. (name of attorney)
The agreement has been reviewed by the Risk Manager as to insurance and indemnification clauses and the approved PINS verification coversheet is attached.
All the blanks in the Agreement have been filled in by you. (Date of the agreement, Resolution Number, Exhibit numbers or Alphabet, APN Number(s) as referenced in the agreement)
If item has gone to Council, signed and numbered Resolution is attached.
All signature lines are flagged with "Sign Here" stickers and if you need signatures notarized, please flag those with "Notary" stickers.
If applicable, copy of current City of Modesto Business License is attached.
If applicable, 700 Form is attached.
If applicable, bonds are completed and attached.
If new ConsultanWendor, include signed W-9 form.
If applicable, the work covered by the agreement has been reviewed as to its environmental impact.
If the Agreement is with a corporation, it must be signed by two officers of the corporation, or one officer with a corporate seal affixed. If the Agreement is with a partnership or sole proprietor, the Agreement requires the signature of a principal.
All exhibits/attachments are included and attached to your Agreements. (Exhibits, Scope of Work, maps etc.)
All areas of the Agreement Transmittal Sheet are completed, including director signature or initials.
YOU ARE NOW READY TO CIRCULATE YOUR AGREEMENT
YOUR AGREEMENT WILL BE RETURNED IF THE CHECKLIST AND TRANSMITTAL
SHEET ARE NOT COMPLETE
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MODESTO CITY COUNCIL
RESOLUTION NO. 2020-537
RESOLUTION APPROVING THE AW ARD OF PROPOSAL AND
AGREEMENT FOR THE FURNISHING OF GOLF COURSE MANAGEMENT
SERVICES FOR CREEKSIDE GOLF COURSE AND DRYDEN GOLF COURSE,
AND GOLF COURSE MAINTENANCE SERVICES FOR ALL CITY OWNED GOLF COURSES, TO BRIGHTVIEW GOLF MAINTENANCE, INC.,
CALABASAS, CA, IN PARTNERSHIP WITH KEMPERSPORTS
MANAGEMENT, MODESTO, CA, FOR A THREE-YEAR AGREEMENT WITH
TWO TWO-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL COST OF $2,632,648 AND A TOTAL AMOUNT NOT TO EXCEED $18,428,536
OVER SEVEN YEARS, AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City owns, operates and manages the Municipal Golf Course ("MUNI"), Dryden Park Municipal Golf Course ("Dryden"), and Creekside Municipal Golf Course ("Creekside"), and
WHEREAS, in June 2020, the City issued a Request for Proposals (RFP) to provide golf course management and maintenance services and six vendors attended the mandatory site visit at Creekside Golf Course, and
WHEREAS, Bright View Golf Maintenance Inc., ("Bright View"), in partnership with KemperSports Management, Inc., ("KemperSports"), was the sole bidder and staff found the bid to be responsive and responsible, and
WHEREAS, on October 26, 2020, the Finance Committee recommended the award of proposal and Agreement for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all City owned golf courses, to BrightView Golf Maintenance, Inc., Calabasas, CA, in partnership with KemperSports Management, Modesto, CA, for a three-year Agreement with two two-year extension options, be forwarded to Council for approval, and
12/08/2020/PRN/LSmith/Item 31 2020-537
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WHEREAS, the City's existing agreements for maintenance of the three (3) golf courses and management of two (2) courses expires on December 31, 2020, and WHEREAS, the new agreement for maintenance of three (3) and management of two (2) of the City's golf courses is a three (3) year contract with two (2) two-year extensions, in an amount not to exceed $2,632,648 per year and $18,428,536 over seven. (7) years, and
WHEREAS, the award of proposal and contract for the furnishing of golf course management and maintenance services for the Parks, Recreation and Neighborhoods Department to BrightView Golf Maintenance Inc., in partnership with KemperSports Management Inc., conforms to Modesto Municipal Code 8-3.203.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a three (3) year agreement with two (2) two-year extension options at the sole discretion of the City, in an amount not to exceed $2,632,648 per year, and $18,428,536 over seven (7) years, for furnishing golf course management and maintenance services to BrightView Golf Maintenance, Inc., in partnership with KemperSports Management, Inc.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. 12/08/2020/PRN/LSmith/ltem 31 2 2020-537
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of December, 2020, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Zoslocki, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
(SEAL)
12/08/2020/PRN/LSmith/ltem 31
Escutia-Braaton, Kenoyer, Madrigal, Ricci,
Wright, Zoslocki, Mayor Brandvold
None
None
ATTEST: ~ ~ f-.___ ------------ STEP HAN IE LOPEZ, City Clerk 3 2020-537
#10..
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0 Brightview Golf Maintenance
INFO CONTRACT
NUMBER
Overall Status: ( APPROVED )
(f!)
PROJECT NUMBER PROJECT NAME DEPARTMENT NAME
Golf Maintenance Parks, Recreation and
Neighborhoods
Required Policies "'
General Liability
8gent
Automobile Liability
8gent
Excess
8gent
10/01/2020 -10/01/2021
Policy: XSL G71080961
Insurer: ACE American Insurance ComP.anv.
10/01/2020 -10/01/2021
Polley: ISA H25260119
Insurer: ACE American Insurance ComP.anv.
10/01/2020 -10/01/2022
Polley: AUC 5085968-16
Insurer: American Guarantee and Liabili!Y. Ins Co
Workers Compensation 1010112020 -1010112021
Polley: WLR C50803867
8gent Insurer: ACE American Insurance Companv.
Each Occurrence:
Fire Damage (any one fire):
Med.exp (any one person):
Personal/adv Injury:
General (Aggregate):
Products-comp/op Agg:
Combined Single Limit (Ea
Accident):
Bodily Injury (Per Person):
Bodily Injury (Per Accident):
Property:
limit:
E.L. Each Accident:
E.L. Disease - Ea Employee:
E.L. Disease - Policy Limit:
Required Documents v
User Uploaded Documents v
Requirements Notes: ~-
Help
$2,000,000
$2,000,000
$10,000
$2,000,000
$2,000,000
$5,000,000
$5,000,000
$
$
$
$1
,$2,000,000
$2,000,000
$2,000,000
PROJECT
STATUS
( ____ A_PP_R_o_v_E_D_
r
'--
C
r
V
)
v)
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' l~i;ice Certificate has been uploaded for Approval - JA 12/5/18 Approved, the additional endorsement is on the doc itself. CariM 12/17/2019 Approved CariM 10/6/2020
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INFO CONTRACT
NUMBER
0 (j
General Liability
Manual Entry
Automobile Liability
Manual Entry
Excess
Manual Entry
0 KemperSports
Overall Status: ( APPROVED )
(f!)
PROJECT NUMBER PROJECT NAME
Golf Management
06/01/2020 - 06/01/2021
Policy: PHPK2138713
Required Policies A
Insurer: PhiladelRhia lndemni!Y. Insurance ComRanY.
06/01/2020 - 06/01/2021
Policy: PHPK2138713
Insurer: PhiladelRhia lndemni!Y. Insurance CompanY.
06/01/2020 - 06/01/2021
Policy: PHUB724340
Insurer: PhiladelRhia lndemni!Y. Insurance ComRany_
DEPARTMENT NAME
Parks, Recreation and
Neighborhoods
Each Occurrence:
Fire Damage (any one fire):
Med.exp (any one person):
Personal/adv Injury:
General (Aggregate):
Products-comp/op Agg:
Combined Single Limit (Ea
Accident):
Bodily Injury (Per Person):
Bodily Injury (Per Accident):
Property:
Limit
$1,000,000
$300,000
$5,000
$1,000,000
$3,000,000
$3,000,000
$1,000,000
$
$
$
$10,000,000
Workers Compensation 0610112020 - 0610112021
Policy: CWC3977024
E.L. Each Accident: $1,000,000
E.L. Disease - Ea Employee: $1,000,000
E.L. Disease - Policy Limit: $1,000,000 Manual Entry Insurer: Praetorian Insurance CompanY.
Required Documents v
User Uploaded Documents v
Requirements Notes: ~-
Help
PROJECT
STATUS
(~_A_ PP_R_o_v_E_D_
V
V
V
V
#10..
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Approved CariM 10/12/20 J • ,., ~ #10..
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AC~® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDIYYYY) ~ 10/10/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Aon Risk services central, Inc. PHONE (866) 283-7122 I r&No.): (800) 363-0105 Chicago IL office (A/C. No. Ext):
200 East Randolph E-MAJL
Chicago IL 60601 USA ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: Tokio Marine Specialty Insurance Company 23850 Kemper Sports Management, Inc. INSURER B: Philadelphia Indemnity Insurance company 18058 500 Skokie Boulevard
suite 444 INSURER C: SAIF corporation 36196
Northbrook IL 60062 USA INSURER 0 : Praetorian Insurance Company 37257 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570084483381 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as reauested
INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICYEFF POLICY EXP LTR INSD WYO IMM/00/YYYY) (MM/00/YYYY) LIMITS B X COMMERCIAL GENERAL LlABIUTY PHPK2138713 06/ 01/2020 06/01/2021 EACH OCCURRENCE $1,000,000 - D CLAIMS-MADE 0 occuR '-'l"\IY1""''-''- 1ur. ... ,.i1t:u $300,000 PREMISES (Ea ocrurrence) >-- MEO EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 Fl POLICY JECT RO- 0LOC PRODUCTS - COMP/OP AGG $3,000,000 OTHER: I Liquor Liabitity Lim $1,000,000
B AUTOMOBILE LIABILITY PHPK2138713 06/01/2020 06/ 01/2021 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 -
X ANY AUTO BODILY INJURY ( Per person)
- OWNED ......- SCHEDULED BODILY INJURY (Per accident) AUTOS - AUTOS ONLY - PROPERTY DAMAGE X HIRED AUTOS X NON-OWNED (Per accident)
- ONLY ~
AUTOS ONLY
B X UMBRELLA LIAB H OCCUR PHUB724340 06/01/2020 06/ 01/2021 EACH OCCURRENCE $10,000,000 - EXCESS LLAS CLAIMS-MADE AGGREGATE $10,000,000
DED I X !RETENTION Sl0,000
D WORKERS COMPENSATION AND CWC3977024 06/01/2020 06/01/2021 X I PER STATUTE I EMPLOYERS' LIABILITY I~~- Y/N Workers' compensation-ADS
C ANY PROPRIETOR / PARTNER /
~ 873053 06/01/2020 06/ 01/2021 E.L. EACH ACCIDENT $1,000,000 EXECUTIVE OFFICER/MEMBER N / A (Mandatory In NH) WORKERS COMP - OR E.L. DISEASE-EA EMPLOYEE $1,000,000 grs~~rtflO~ b1~PERATIONS below E.L. DISEASE.POLICY LIMIT $1 , 000,000 A Env Site Liab PPK1989640 06/01/2019 06/ 01/2022 Aggregate Limit $15 , 000,000 Per occurrence Limi · $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may tM attached If more space Is required) RE: Creekside and Dryden Golf Course. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy.
CERTIFICATE HOLDER
city of Modesto
PO Box 642
Modesto CA 95353 USA
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Tl-IE POLICY PROV1SIONS.
AUTHORIZED REPRESENTATIVE
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©1988-2015 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
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Search Businesses
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Account#
1259706 1280903
Business Name V Value: BrightView
Business Name BRIGHTVIEW GOLF MAINTENANCE BRIGHTVIEW LANDSCAPE SERVICES Total businesses found : 2
Home Q Report a Problem
Start Date
5/1/1999
3/10/2009
SRecifY. Business Start Oat
Address
920 SUNSET AVE, MODESTO, CJ
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Search Businesses
Search By: Business Name V Value: Kemper
Account # Business Name
0017047 KEMPER CPA GROUP
1289867 KEMPER SPORTS MANAGEMENT INC
Total businesses found: 2 ( £~k -fa
f:t; Home O Report a Problem
Start Date
1/1/1977
10/15/2013
~RecifY. Business Start Dat
Address
1700 STANDIFORD AVE #200, M
95350-6534
,
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PI-MANU-1 (01/00)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS (CG2026)
PHPK2138713 06/01/2020 - 2021
ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
This e ndorsement modifies insurance provided under the following :
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person (s ) Or Organization (s) Any person or organization other than a joint venture whom you are required to add as an additional insured on this policy under a written contract or agreement provided that the contract or agreement is in effect during this policy period and is executed prior to the occurrence which causes " b odily injury", "property damage " or "personal injury and advertising injury".
Section II - Who Is An Insured is amended to include as an additional insured the person (s) or organization (s ) shown in the Schedule , but only with respect to liability for "bodily injury" , "property damage " or "personal and advertising injury" caused, in whole or in part , by your acts or omissions or the acts or omissions of those acting on your behalf :
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or rented to you .
This insurance does not apply to "bodily injury" or "property damage " resulting from structural alterations, new construction or demolition operations performed by or for any additional insured .
This insurance does not apply to " bodily injury" or "property damage " resulting from any operations performed by or for any railroad , municipality, governmental entity or other public authority.
All other terms and conditions of this Policy remain unchanged.
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AGREEMENT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this r day of i:ecembeY , 2020 , by and between the CITY OF MODESTO, a municipal corporation, hereinafter called CITY, and BRIGHTVIEW GOLF MAINTENANCE, INC., hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the existing agreement for Golf Course Management and Maintenance Services ends on December 31 , 2020, and
WHEREAS, the CITY values its community partnerships with The First Tee Youth Program and the Boys & Girls Club, and
WHEREAS the CITY, The First Tee and the Boys & Girls Club are partnering to establish a program location on the area adjacent to Dryden Golf Course, and WHEREAS, the CONTRACTOR is aware and supportive of this partnership, and will work with City and the partners to support the program location development, and WHEREAS, the Modesto City Council adopted Resolution No. 2020-~ authorizing the award of proposal and contract for the furnishing of Golf Course Management and Maintenance Services attached hereto as Exhibit "A " and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit "B " and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Golf Course Management and Maintenance Services, as described in RFP No. 1920- 64, attached hereto as Exhibit "C " and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:
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1. SCOPE OF WORK:
a. CONTRACTOR shall furnish Golf Course Maintenance Services insofar as such scope of services is specified in Exhibit "B", and in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall furnish Golf Course Management Services as such scope of services is specified in Exhibit "D", and attached hereto and made a part hereof, and in strict accordance with the conditions of the complete Contract. c. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
d. CONTRACTOR shall furnish said services at the contracted rates as specified, and attached hereto as Exhibit "E" and made a part hereof, in an amount not to exceed $2,632,648 annually.
2. CITY REPRESENTATIVE:
Contract Administrator is:
Kathy Crandall, Buyer Ph: (209) 577-5420
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.
3. TERM OF CONTRACT:
The term of the contract shall be for a period of three (3) years, with two (2) two11/09/2020 2 BrightView Agreement (Final) #10..
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year extension options at the sole discretion of CITY, for a total of up to seven (7) years.
Year 1:
Year 2:
Year 3:
Year 4:
Year 5:
Year 6:
Year 7:
January 1, 2021 through December 31 , 2021
January 1, 2022 through December 31 , 2022
January 1, 2023 through December 31 , 2023
January 1, 2024 through December 31 , 2024
January 1, 2025 through December 31 , 2025
January 1, 2026 through December 31 , 2026
January 1, 2027 through December 31 , 2027
A. Pricing as set forth in Exhibit "E" shall remain firm for the first three (3) years of the contract.
B. Price increases for subsequent contract years four, five, six and seven, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division.
Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
4. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies. 11 /09/2020 3 BrightView Agreement (Final)
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a. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1 ,000,000. b. General Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. c. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
d. Professional Liability - insurance with a minimum limit of $1 ,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated.
Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and 11/09/2020 4 BrightView Agreement (Final)
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volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.
For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
5. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
CONTRACTOR's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or 11/09/2020 5 BrightView Agreement (Final)
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restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
6. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. A wards shall be final, binding and non-appealable ( except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection
7. GOVERNING LAW:
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This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws, provisions or principles.
8. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:
Proofs of insurance (approved by Risk Management); and
Executed Agreement and all exhibits thereto.
9. TERMINATION OF SERVICES:
Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, at its option, CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by CONTRACTOR, dishonesty or theft.
Termination by CITY for Convenience
The CITY may also terminate the Provider's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience 11/09/2020 7 BrightView Agreement (Final)
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of the CITY, or whenever the CITY is prohibited from completing the Work for any reason.
The CITY shall provide no less than ten (10) calendar day's written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
Termination for Non-Payment
CONTRACTOR reserves the right to terminate this Agreement for non-payment for any payment deficiency exceeding fifteen (15) days. However, as a courtesy, CONTRACTOR may, at any point, in its sole discretion, provide a written cure notice to CITY granting CITY a certain additional amount of time to cure the nonpayment. If any or the entire unpaid amount remains unpaid following this period of time, or if no additional time is granted beyond the fifteen (15) days past the due date, CONTRACTOR may terminate this Agreement.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated bythe CONTRACTOR in performing the Workwhethercompletedorin process;
c. Complete performance of such part of the Work as has not been terminated;
11 /09/2020 8 BrightView Agreement (Final)
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d. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the Work and/or property related to the Work; e. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project;
f. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee's, decision to the City Council. The CONTRACTOR shall appeal by notifying 11 /09/2020 9 BrightView Agreement (Final)
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the City Clerk in writing within ten ( 10) calendar days of receipt of written notification from CITY of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
10. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
11 . CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2020- c5o1 , (Exhibit A);
b. CONTRACTOR submittal, (Exhibit B);
c. RFP 1920-64, Golf course Management and Maintenance Services, (Exhibit C);
d. Management Services Scope of Work, (Exhibit D);
e. Pricing Schedule, (Exhibit E);
f. Insurance Certificates;
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal 11/09/2020 BrightView Agreement (Final)
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business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
12. NOTICES:
Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR:
CITY:
Bright View Golf Maintenance
27001 Agoura Road
Suite 350
Calabasas, CA 91301
City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
13. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
14. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
15. WAIVER:
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The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
16. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
17. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
18. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR's proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions ofthis Agreement shall be considered valid unless specifically agreed to in writing by all parties.
19. PARTIAL INVALIDITY:
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
20. CITY BUSINESS LICENSE:
CONTRACTOR will have a City of Modesto business license. 11/09/2020 12 BrightView Agreement (Final)
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WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2020- 6.31 , adopted by the Council of the City of Modesto on the ~ dayof ~be/ , 2020 and CONTRACTOR
has caused this Agreement to be duly executed.
CITY OF MODESTO,
A municipal corporation
By ~ 1PP.LO,
City Manager
ATTEST:
IE LOPEZ,
City Clerk
(SEAL)
APPROVED AS TO FORM:
11/09/2020 13
CONTRACTOR
By £yA-& (Si atur
By: G!2l A . e;~c. ~\., ~re.s:J.,..,+
(N Title)
Date: ll../a~/20-a..r>
I I
By: -------------
(Signature)
By: __________ _
(Name & Title)
Date: -------------
Signature Requirements
Co,porat;on:
I .Signature of two (2) officers
or
2.Signature ofone (1) officer plus the
corporate seal.
Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
BrightView Agreement (Final)
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EXHIBIT A
MODESTO CITY COUNCIL
RESOLUTION NO. 2020-537
RESOLUTION APPROVING THE A WARD OF PROPOSAL AND
AGREEMENT FOR THE FURNISHING OF GOLF COURSE MANAGEMENT
SERVICES FOR CREEKSIDE GOLF COURSE AND DRYDEN GOLF COURSE,
AND GOLF COURSE MAINTENANCE SERVICES FOR ALL CITY OWNED GOLF COURSES, TO BRIGHTVIEW GOLF MAINTENANCE, INC.,
CALABASAS, CA, IN PARTNERSHIP WITH KEMPERSPORTS
MANAGEMENT, MODESTO, CA, FOR A THREE-YEAR AGREEMENT WITH
TWO TWO-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL COST OF $2,632,648 AND A TOT AL AMOUNT NOT TO EXCEED $18,428,536
OVER SEVEN YEARS, AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City owns, operates and manages the Municipal Golf Course ("MUNI"), Dryden Park Municipal Golf Course ("Dryden"), and Creekside Municipal Golf Course ("Creekside"), and
WHEREAS, in June 2020, the City issued a Request for Proposals (RFP) to provide golf course management and maintenance services and six vendors attended the mandatory site visit at Creekside Golf Course, and
WHEREAS, BrightView Golf Maintenance Inc., ("BrightView"), in partnership with KemperSports Management, Inc., ("KemperSports"), was the sole bidder and staff found the bid to be responsive and responsible, and
WHEREAS, on October 26, 2020, the Finance Committee recommended the award of proposal and Agreement for the furnishing of Golf Course Management services for Creekside Golf Course and Dryden Golf Course, and Golf Course Maintenance services for all City owned golf courses, to Bright View Golf Maintenance, Inc., Calabasas, CA, in partnership with KemperSports Management, Modesto, CA, for a three-year Agreement with two two-year extension options, be forwarded to Council for approval, and
12/08/2020/PRN/LSmith/ltem 3 1 2020-537
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WHEREAS, the City's existing agreements for maintenance of the three (3) golf courses and management of two (2) courses expires on December 31 , 2020, and WHEREAS, the new agreement for maintenance of three (3) and management of two (2) of the City's golf courses is a three (3) year contract with two (2) two-year extensions, in an amount not to exceed $2,632,648 per year and $18,428,536 over seven (7) years, and
WHEREAS, the award of proposal and contract for the furnishing of golf course management and maintenance services for the Parks, Recreation and Neighborhoods Department to BrightView Golf Maintenance Inc., in partnership with KemperSports Management Inc., conforms to Modesto Municipal Code 8-3.203 .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a three (3) year agreement with two (2) two-year extension options at the sole discretion of the City, in an amount not to exceed $2,632,648 per year, and $18,428,536 over seven (7) years, for furnishing golf course management and maintenance services to Bright View Golf Maintenance, Inc., in partnership with KemperSports Management, Inc.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. 12/08/2020/PRN/LSmith/ltem 3 1 2 2020-537
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of December, 2020, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember Zoslocki, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
(SEAL)
I 2'08/2020/PRN/LSmith/ltem 31
Escutia-Braaton, Kenoyer, Madrigal, Ricci,
Wright, Zoslock.i, Mayor Brandvold
None
None
ATTEST: ------------- ~ ~ ~ STEP HAN IE LOPEZ, City Clerk 3 2020-537
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EXHIBIT B
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BrightView
Golf Maintenance
~
8/4/20
City Clerk
City of Modesto
1010 10th Street, Suite 6600
Modesto, CA 95354
BrightView Golf Maintenance in partnership with KemperSports Management is pleased to submit this proposal for Golf Course Management and Maintenance Services to the City of Modesto.
BrightView Golf Maintenance is the industry's leader in golf course maintenance. For more than 40 years, we have been investing in refining the art, science, and business behind golf course maintenance to establish an operational model that is unparalleled in the industry today. Designed to be highly efficient in helping our partners reduce their operating expenses, this model has proven to be an incredibly effective method of maintaining and improving course conditions allowing our partners to be more competitive in their local golf marketplace.
BrightView Golf Maintenance will partner with KemperSports to provide all the required management services.
KemperSports has provided their unique management services for government and municipal agencies for over 40 years and brings a creative and customized approach to each property they operate. Their hands-on client-centric management approach is the cornerstone of their success and key to achieving their singular goal of delivering the best possible golf experience to their guests. Their people and passion for what they do every day, combined with their experience at the Modesto properties and their relationship with BrightView Golf Maintenance and the City of Modesto makes KemperSports the best partner for this engagement.
We have read the RFP and all Addendums and herein express our full understanding of the scope of services required and are certain that we can provide the work in an effective and efficient manner. As the current maintenance provider for numerous municipalities, including the City of Modesto, our understanding of the specific work associated with the property is indeed comprehensive. We have a thorough knowledge of the daily challenges associated with each specific property as well as all the necessary resources already in place to meet the needs required to assure a continued successful operation for the City of Modesto.
The contact for the authorized representative for BrightView Golf Maintenance is as follows :
BrightView Golf Maintenance, Inc.
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Gregory A. Pieschala, President
(818) 737-3110 I [email protected]
Thank you for your consideration. We look forward to discussing our proposal with you .
Sincerely,
Gregory A. Pieschala
President
BrightView Golf Maintenance, Inc.
2 I City of Modesto RFP No. 1920-64 August 4, 2020 Letter of Introduction #10..
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Table of Contents
Section A Proposal Acknowledgement 4
Section B Pricing Schedule 5
Section C Exceptions, Clarifications, Amendments 8
Section D References 9
Section E Financial Interest Disclosure 13
Section F Support of Local Vendor 14
Section G Company History Statement & Scope of Work 16
Section H Minimum Qualifications 30
Section I Addendum Acknowledgement Page 72
Table of Contents I 3
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BrightView ~ A Proposal
Acknowledgement Golf Maintenance
PROPOSAL ACKNOWLCDGEMENT
RF.QUEST fOR PROPOSAL AND SPECIFICATIONS NO 1920-6-1
GOLF COURSE MANAGEMENT AND MAINTfNANCE SERVICES
n,c City is soliciting proposals from qualified proposers to furnish its requirements per the specifications. terms and conditions contained in the above relerenccd prnpo~al number. This Proposal Acknowledgement must be completed signed by a responsible officer or employee. dated and submilled with the proposal response.
Obligations a.ssumed by such signature musl be fulfilled.
I. Preparation of Proposals: (a) All prices and nolations must be prinled in ink or lypewrillcn. No erasures permilled. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink b) person signing the proposal. (b} Quote price as spc'Cified in propos.1I. No alterations or changes of any kind shall be permitted to the Proposal Forni. Responses that do not com pl) shall be subject 10 rejection in total.
2. Failure to Submit Proposal: If you are nol submitling a proposal but want lo remain on the mailing list and recei\'c future proposals. complete. sign and return this Proposal Acknowledgemcnl and state the reason you are nol pricing.
3. Taxes and Freight Charges: (a) unless otherwise required and specified in the RFP. the prices quoted herein do not include Sales. Use or other taxes. (b} No charge for delivery. drayage. express. parcel post packing. canage. insurance. license fees. permits. costs of bonds. or for any other purpose. except 1a.,es legally payable by City. will be paid by the Cily unless expressly included and itemized in the proposal. (c} Amounl paid for lranspor1a1ion of proper1) to the City is cxempl from Federal Transporlalion Ta,. An exemption cenificale is not required where the shipping paper shows the consignee as one (I) of the Agencies: as such papers may be accep1cd by the carrier as proofoflhe exempt charnc1er oflhc shipmenl. (d) Anicles sold 10 the Agencies are exempt from certain Federal e~cise laxes. The Agencies will furnish an c,emption ccnificale. -1. Award: (n) Unless otherwise specilied by the proposer or the RFI' gives notice of an all-or-none award. lhe Ci!)• may accept any item or group of items of any proposal. (b) Proposals are su~jec110 acceptance at an) time within 1hir1) (30) days of opening. unless olherwise specified in the RFP. (c} A valid. \\Tillc n purchase order mailed. or olherwise furnished. to the successful proposer within the time for acceptance specified results in a binding contract without fun her action by eilher party. The conlmct shall be in1erprc1cd. construed and given elTect in all rcspecls according to the laws of the State of Califomia .
~- Patrnt Indemnity: Proposers who do business \\ith the City shall hold lhe City. its officers. agents and employees. ham1less from liability of any nature or kind. including cost and expenses. for infringement or use of an) patent. copyrighl or 01hcr proprietary righl. secret process. paten1ed or un-patented invention. article or appliance furnished or used in connection with lhc contract or purchase order.
6. Samples: Samples of 11ems. when required. shall be furnished free of expense to lhc City and if nol des1roycd by 1cs1 may upon request (made when 1he sample is furnished). be re1umed al the proposer's expense.
7. Rights and R,m,di•• of Agenries for Default: (a) In the e,ent any item furnished by lhe proposer in the performance of the conlrnc1 or purchase order should fail to conlonn 101he pccilica1ions therefore or 101he sample submiued b) the proposer \\ill, its proposal. the City may rcjccl 1he same. and ii shall !hereupon become 1hc duty oflhe proposer 10 reclaim and remove the same fonhwith. \\ithout c,pcnse 10 1hc City. and immediately to replace all such rejected items wilh others conforming to such spccificalions or san1ples; provided 1hat should the proposer fail. neglect or refuse so 10 do the City shall thereupon ha\'C the righ1 to purchase in 1he open market. in lieu thereol'. a corresponding quantil) of any such items and 10 deduct from any moneys due or that may there after come due 10 ,cndor the difference between the prices named in the con1rac1 or purchase order and the aclual cost thereof to the C it). In the c,cnt 1ha1 the proposer fails to make prompt delivery !IS s11<->cified for an} item. lhe same conditions as 10 1hc righls of the City 10 purchase in the open market and to reimbursement set fonh above shall appl} . except when dclivcl) is dcla)ed b> lire. strike. freight embargo. or Act of God or the government. (b} C(ISI of inspection or deli,eries or offers for deli,·cry. "hich do not meet specifications. will be borne by the proposer. (c) I he rights and remedies of the Agencies pro, idcd abo, e shall nol be c,clusive and arc in addition 10 any other right< and remedies provided by law or under the conlract.
8. Discounts: (a) I erms of less than ten ( I 0) days for cash discount "ill be considered as net. (b) In connection with any discount offered. time will be computed from date ofcomple1c. satisfactory deliver) of the supplies. equipment or services specilicd in the RrP. or from dale correct invoices arc received h) 1he Cil) at the billing address specified. if the latlcr date is later 1han the date of delivery. Payment is deemed to be made. for the purpose of earning the discount. on lhc dale of mailing the Cit) ·s check.
9. C•lifornia Gonrnmcnt Code Stction 45S2: In submilling a proposal 10 n public purchasing body. the proposer oflcrs and agrees tha1 if the proposal is accepted. it will assign 10 the purchasing bod) all rigllls. litle. and intcrcs1 in and 10 all causes of aclion ii may ha,·e under Section 4 of the Cla~1on Act ( IS U.S.C. Sec. IS) or under the Can\\Tight Act (Chapter 2. commencing with Section 16700. ofl'nn 2 of Division 7 of the Business and Profe ssions Code}. arising from purchases of goods. malcrials. or services by the proposer for sale to lite purchasing bod) pursuan1 to 1hc propos.11. Such assignment shall be made and become cllectivc al the time the purchasing body tenders final pa) mcn1 10 the proposer.
10. No Guarantee- or \\'arr.an13·: The City makts no guarantee or \\arrant) as to the condition. completeness or sofet) of nny material or equipment that ma~ be traded in un this order.
11. Two Mlnkrd" Signed Original Proposal Dorumrnt Rrqutsted: railure 10 furnish at least one "inked" signed original proposal document ma) result in disqualilication.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or sen-ices specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricin Schedule. Firm: BrighlVicw Golf Maintenance. Inc.
Address: 2700 I Agoura Rd .. Suite 350
Ci1y/S1a1eflip: Calabasa..<. CA 9 130 1
Signalun:fl'itle/Dale :
6 4 I City of Modesto RFP No. 1920-64 August 4. 2020
A: Firm Overview & Organization
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PRICING SCHEDULE
The City is requesting a (2) part operating proposal. The following is the breakdown of the proposal :
Proposal must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the ··Exception, Clarification, Amendments"' section on page I 0. No other form or format shall be accepted.
THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case (JI discrepancy between a unit price and an extended price, the unit price will he presumed to be correct, in the reasonable discretion of the City. ** PART#A
Management and Maintenance for (2) golf courses
Annual Expenditures
Landscaoe Maintenance $
Operation Manaoement $
Marketina Budaet $
Vandalism $
Arbor Care $
Caoital lmorovements $
lrrioation Repairs $
Water Utility $
Total for Part #A $
Faithful Performance and Payment Bond (One-Year Cost renewed $ annual(
htView Golf Maintenance Inc.
7 1 1R.d nnn nn /Yr
1 1 "1'- R,:;n nn /Yr
R nnn nn /Yr
7,500.00 /Yr
35,000.00 /Yr
17,500.00 /Yr
25,000.00 /Yr
125 000.00 /Yr
2.537.850.00 /Yr
12 689 25 /Yr
B: Pricing Schedule I 5
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PART#B
Maintenance only for Muni golf course
Annual Expenditures
Field Maintenance $ 33 500.00 /Yr
Green Waste and Litter Removal $ ,s ?<;o on /Yr
Vandalism $ 1 nnn nn /Yr
Arbor Care $ 5,000.00 /Yr
lrriaation Reoairs $ 3,000.00 /Yr
Water Utilitv $ 25,000.00 /Yr
Total for Part #B $ 71 750.00 /Yr
Faithful Performance and Payment Bond (One-Year Cost renewed $ annuall v)
358.75 /Yr
ity Business/Delivery License No. _,_1=2:::.5.:._9.:_7-"-0-"- 6 ________ Expiration Date: _6:::.:l.=3c.::0::../=..:.. 2 I ___ _ Provider License No. ____,3'-'2,..,0'--'0'--'6'-4'--_ _____________ Expiration Date: 12/3 I /21 DIR Registration No. I OOOO . ..;;Oc.::Oc.;4..;:; 6..:.. 7 ____________ Expiration Date: _ 6_/_3_0_/2_1 ___ _ Stated pricing is subject to (_ NA %) cash discount if invoice is paid within NA days after acceptance of service.
THE PAYMENT OF PREVAILING WAGES IS REQUIRED.
A City Business License is not required at the time of the proposal, however, please note the License No. if proposer should already have one. (See Section 2.13 for further details) Does proposer accept the City's Epay Payment Program? Please check one: Yes __ No _.x_ Information regarding the program is provided in Section 2. 17 Payment. 8 6 I City of Modesto RFP No. 1920-64 August 4, 2020 B: Pricing Schedule #10..
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PRICING SCHEDULE
Labor Rate for Additional Services (Prevailing Wage) $ -----------~?._,""-.,,_,. nn·'--1Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate . The contractor shall submit a quotation to the Technical Liaison for review and approval. Materials shall be at the Contractor's landed cost less any earned discounts, plus a mark-up of 20% , plus sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the City.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal A k I d c now e 12ement i or t h e pr1cm2 m . d' 1cate d h P on t e rlCtn . . l? S h d C e u I e.
Company Name (Proooser): BrightView Golf Maintenance, Inc.
By (Person Submitting Proposal): Gregory A. Pieschala (Print) By (Person Submitting Proposal):
(Siimature) ~ / A- .!7P
Title of Person Submitting Proposal:
fu -V, esident
Busi ness Address
(City/State/Zio): 2700 I Ag,oura Rd., Suite 350 Ca labasas. CA 9 130 I E-Mai l Address: [email protected]
Telephone N umber: (818) 737-3 110
Fax N umber: (818) 225-2336
Date: 7/ 15/20
9 B: Pricing Schedule I 7
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
EXCEPTIONS. CLARIFICATIONS, AMENDMENTS
List requests for proposal clarifications and exceptions below, if any, sign and submit with your proposal response . This fonn is not required to be returned, unless an Exception. Clarification, or Amendment is reauested by the procoser.
Item No. Reference To: Descriotion
Page No. Paragraph No.
I. 7 & 8. 35 4 (D) Arbor Care We have provided an amount on the pricing page for Arbor Care but specifications on page 35 seem to indicate the City will pay. If this is the case please ignore the price for this item.
2 . 7&8 Faithful We 've included pricing for an annual I 00% Faithful Performance and Performance & Payment Bond as requested on the Pricing pages, but the RFP does not Payment Bond specify any requirement to provide such bond. lfit is detem,ined that a bond is not required. or that a bond for less than I 00% of the annual value is required, the premium on the pricing page will change. 3 . 7&8 Vandalism We have provided an amount on the pricing page for Vandalism but the specifications on page 31 seem to indicate that the City will pay. If this is the case please ignore the price for this item.
4. 7&8 Water Utility Please note pricing for \Vater Utility is an annual price not to exceed $150,000.00
Company Name (Proposer): Bright View Golf Maintenance Inc Greg A. Pieschala, President
10 8 I City of Modesto RFP No. 1920-64 August 4, 2020 C: Exceptioms, Clarifications, Amendments #10..
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. RFP. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
REFERENCES
All proposers must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with the same type of services requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Proposers failing to provide references shall be deemed unacceptable.
The City may contact some or all of the references provided in order to determine the proposer's performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name: City ofBell Gardens - Bell Gardens Golf Course Address: 7100 S. Garfield Avnue
City, State, Zip Code: Bell Gardens, CA 90201
Contact Person: Armando Andrade
Email Address: aandrade~bel !gardens.com
Telephone Number: (<;62)417-79%
Tvoe of Business: Golf Course Maintenance
Date of Service: 12/20/2004 - 6/3/2021
Annual Contract
Value $ 159, 135
Company Name: Citv of Concord - Diab lo Creek Golf Course Address: 1950 Parkside Drive
Citv, State, Zip Code: Concord. CA 945 I 9
Contact Person: Steve Voorhies
Email Address: Steve. Voorh [email protected]
Telephone Number: (925) 671-3202
Type of Business: Golf Course Maintenance
Date of Service: 1/9/2006 - 12/31/2020
Annual Contract
Value $ 1,061 ,544
Company Name: City ofRiverside - Fairmount Golf Course
Address: 3900 Main Street
Citv, State, Zip Code Riverside, CA 92501
Contact Person: Kyle Raphael
Email Address: [email protected]
Telephone Number: (951) 351-6250
Type of Business: Golf Course Maintenance
Date of Service: 6/1 /2014 - 12/21/2023
Annual Contract
Value $ 339,070
11 D: References I 9
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Company Name: Palm Beach County - Osprey Point Golf Course Address: 125 51 Glades Road
City, State, Zip Code Boca Raton, FL 33498
Contact Person: Ben Derauf
Email Address: bderauf/aJ.obcgov .org
Telephone Number: (763) 516-2217
Type of Business: Golf Course Maintenance
Date of Service: 3/2? /2010 - 3/31/2021
Annual Contract
Value $ 1,058,015
Company Name: City of Roseville - Diamond Oaks Golf Course & Woodcreek Golf Club Address: 401 Oak Street Suite 400
City, State, Zip Code Roseville CA 95678
Contact Person: Rob Nakamura
Email Address: [email protected]
Telephone Number: (916) 52 1-6774
Type of Business: Golf Course Maintenance
Date of Service: 1/ 15/1 995 - 12/31 /2020
Annual Contract
Value $ 747,649 - Diamond Oaks & $718,041 - Woodcreek
Com an Name Pro oser : Bright View Golf Maintenance, Inc. 12 10 I City of Modesto RFP No. 1920-64 August 4. 2020 D: References #10..
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@ KemperSports
REFERENCES
Company Name: City of Ventura
Address: 507 Poli Street
Citv, State, Zip Code: Ventura, CA, 93002
Contact Person: Nancy O'Connor
Email Address: [email protected]
Telephone Number: 805-658-4736
Type of Business: Olivas Links & Buenaventura Golf Courses Date of Service: 2009 - Present
Annual Contract
Value $ 207,624
Company Name: City of Stockton
Address: 425 N. El Dorato St .
City, State, Zip Code: Stockt on, CA, 95202
Contact Person: John Alit a
Email Address: [email protected]
Telephone Number: 209-937-8373
Type of Business: Swenson Golf Course
Date of Service: 2077 - Present
Annual Contract
Value $ Lease
Company Name: City of Yorba Linda
Address: 4845 Casa Loma Ave.
City, State, Zip Code Yorba Linda, CA, 92885
Contact Person: Mike Kudron
Email Address: [email protected]
Telephone Number: 774-967-7160
Type of Business: Black Gold Golf Course
Date of Service: 1999-Present
Annual Contract
Value $ 270,000
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management D: References j 11
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Company Name: City of Palm Desert, CA
Address: 38-995 Desert Wil low Drive
City, State, Zip Code Palm Desert, CA, 92260
Contact Person: Lauri Aylaian
Email Address: layla ia n@cityofpa I mdesert.org
Telephone Number: 730-346-0611
Type of Business: Desert Wi llow Golf Resort
Date of Service: 1996 - Present
Annual Contract
Value $ 300,000 plus incentive
Company Name: City of Dinuba, CA
Address: 3018 Ridge Creek Drive
City, State, Zip Code Dinuba, CA, 93618
Contact Person: Jayne Anderson
Email Address: [email protected]
Telephone Number: 559-591-5900
Type of Business: Ridge Creek Dinuba Golf Course
Date of Service: 2005 Pre-Development/2008 Course Opened - Present Annual Contract
Value $ 125,560
I Company Name (Proposer): KemperSports
12 ® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management 12 I City of Modesto RFP No. 1920-64 August 4. 2020 D: References #10..
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENACE SERVICES
FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
I. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant's agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person's gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true. correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.
Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the ity ouncil of any matter arising out of or relating to the agreement or application.
By signing this document, I agree to the information contained within.
COMPANY NAME:
Applicable ames:
(See attached list)
Brii:b1Yiew Gol( Maimenance Inc
Gregory A Pjeschala President
APPLICANT'S NAMErrlTLE (PRINT):
7/ I 5/20
DATE:
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.
DIRECTOR
14 E: Financial lnterst Disclosure I 13
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. RFP 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
SUPPORT OF LOCAL VENDORS
REQUEST FOR DECLARATION
of
LOCAL BUSINESS
Should the proposer that submits the lowest responsive proposal or quote and would otherwise normally qualify to receive the proposal pursuant to Sections 8-3 .203 and 8-3 .204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest proposal or quote submitted by a local business that is within five percent (5%) of the lowest proposal or quote, whether or not that proposer is the second lowest proposer, may be deemed to be the lowest proposer if the local proposer agrees to reduce its proposal to match the proposal or quote of the lowest proposer in writing within five (5) business days after notification by City Purchasing staff, provided that said local proposer is deemed to be a responsible proposer as determined by the Purchasing Manager.
To qualify as a local proposer, the proposer must have a physical business location within the City of Modesto and a current City of Modesto business license.
This document is only required should the proposer request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
~ I declare I am a local business per the above criteria Company Name:
Street Address:
Telephone Number:
SUPPORT OF LOCAL VENDORS
DECLARATION OF ELIGIBILITY
BrightView Golf Maintenance, Inc.
920 Sunset Ave.; Modesto, CA 95351
Business License Number:
<818} 225-8500
1259706
Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:
Print/Type Name: Gregory A. Pieschala
Title: President
Signature:
Date:
16 14 I City of Modesto RFP No. 1920-64 August 4. 2020 F: Support of Local Vendors #10..
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Please note that we have paid the fees to update our license but have not recieved the physical copy.
~ti& Business License Certificate
City of Modesto l!Ml!I Account Number Expiration Date P.O Box 3442 m Modesto, CA 95353 1259706 6/30/2019 CIT't'OF
MODESTO
CALIFORN I A THIS LICENSE SHALL NOT ENTITLE LICENSEE TO OPERATE THIS BUSINESS
WITHOUT COMPLYING WITH ALL REQUIREMENTS OF THE MODESTO MUNICIPAL
THIS LICENSE IS EVIDENCE THAT THE FEES REQUIRED UNDER TITLE VI OF CODE AND ALL STATE FEDERAL, LOCAL AND ANY OTHER APPLICABLE LAWS
THE MUNICIPAL CODE HAVE BEEN PAID TD THE CITY OF MODESTO FOR THE IT HAS BEEN ISSUED WITHOUT VERIFICATION THAT THE LICENSEE IS SUBJECT
CONDUCT AND OPERATION OF THE BUSINESS AT THE PREMISES, AND BY TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNIA THE PERSON OR FIRM INDICATED BELOW.
INFORMATIONAL
' MUST BE DtSPLA YEO IN PUBLIC VIEW ~ ~
' NOT AN ENDORSEMENT BY THE CITY DeAnna Christensen
• VOID IF TAX PAYMENTS NOT KEPT CURRENT DIRECTOR OF FINANCE ATTN ACCOUNTING DEPT Owner(s) BRIGHTVIEW GOLF MAINTENANCE, INC
BRIGHTVIEW GOLF MAINTENANCE
24151 VENTURA BU Business Location 920 SUNSET AVE
CALABASAS, CA 91302 MODESTO, CA 95351-3794
Business Type RECREATIONAL SERVICES
NON-TRANSFERABLE· VOID IF ALTERED
F: Support of Local Vendors I is
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About BrightView
Overall, BrightView is the largest landscaping company in the country. We are a $2 Billion corporation with 22,000 employees and 60,000 client properties, including operationsand employees in the California market. While there are several service divisions within BrightView, BrightView Golf Maintenance is dedicated solely to caring for golf courses. We are not a full-service management company, we focus exclusively on golf course maintenance. This division has been in business for more than 40 years and we currently have 83 golf course partners. Like our parent company, we are also the largest golf course maintenance company in the country.
About BrightView Golf Maintenance
As the largest provider of golf course maintenance services, BrightView Golf Maintenance has a very good understanding of the day-to day challenges of maintaining a heavily played municipal golf course, as well as the long-term planning required, assuring continued playability necessary to be a successful operation in a competitive environment.
We focus exclusively on the science, technology and operations of golf course maintenance. Currently serving more than 83 total courses across the country with 29 of them municipal courses, our success has been a result of finding ways to help our clients meet their goals. It's a true partnership where we work together with owners and operators to deliver on what they need to succeed.
We are laser focused on golf course maintenance, which allows us to perform at a higher level on courses we serve than our counterparts in golf management, who are stretched to support all the needs of a club. Specializing in golf course maintenance, we've build our operating model around the most progressive maintenance practices today, but uniquely designed for golf and customized for every course. While we bring a tremendous amount of efficiency to golf maintenance operations, we dedicate equal focus on the finer details that make each course memorable. 16 I City of Modesto RFP No. 1920-64 August 4. 2020 G: Company History #10..
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Additionally, our clients benefit from frequent on-site interaction with our top expertsPhDs in agronomy, management and operations specialists and seasoned superintendents with experience working at top clubs. They will be engaged with the Area Director and on-site Superintendent weekly as well as in direct communication with club leadership monthly and quarterly. Unique to BrightView, our leaders are financially accountable to client satisfaction and crew safety, and are highly motivated to deliver on our promise to our clients.
Proven Approach to Golf Course Maintenance
Consistent with how we approach each of our partner courses, our Ph.D. Agronomist, Todd Bunnell and VP/GM, Kevin Neal have customized agronomic and operational plans specific for the City of Modesto courses. Here are some of the key benefits from these plans and our services :
• 100% responsible and accountable for delivering conditions that exceed expectations and drive customer satisfaction
• Ph.D. Agronomist and industry leading GCSAA Superintendents who are invaluable in customizing plans specific to your operations
• Prescriptive based diagnosic testing and customized agronomic plan development • Wealth of expertise in managing maintenance operations, equipment and safety • Massive buying power for materials and equipment
• Proven to contain costs in a variety of ways
Off-Site Support
One of the greatest benefits to partnering with BrightView is the ongoing support provided by our off-site team of Ph.D. Agronomist and industry leading GCSAA Superintendents.
Within the Communications Plan we map out a good deal of this approach which includes:
• Regular communication and regular visits from our VP/GM Kevin Neal and our Assistant Associate Director Jonathan Moulton
• Biannual site visits from our Vice President of Agronomy, Dr. Todd Bunnell, Ph.D. • Ongoing accessibility to Dr. Bunnell for unexpected issues and problem solving • Extensive off-site interaction with the Director of Public Works, Golf Manager, etc. • Access to more than 40 years of successful outsourcing experience of maintaining your golf course as well and efficiently as possible.
G: Company History I 17
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Agronomic Support and Planning
Our approach to agronomy, led by Dr. Todd Bunnell, is rooted in science. Dr. Bunnell works with each Superintendent to develop fertility, weed control and cultural programs that are customized to each golf course. As we've done to develope this proposal, we perform regular soil, tissue and intact core tests to gauge conditions and adjust programs as needed. Dr. Bunnell is well connected in the academic and supplier communities and we regularly host field trials for new chemistries which allows us to spot and adopt new, more cost-effective products quickly. Working with Dr. Bert McCarty of Clemson and the University of Florida, Dr. Bunnell developed a very successful weed control program for our courses in Florida. Dr. Bunnell is also on call 24/7 to support diagnosis and prescription of any issues that arise on a course.
"Lean" Operations Discipline
We use our proprietary operations methodology, BV360, to ensure that we are efficient and effective. BV360 is rooted in lean operations techniques and continuous improvement that were first developed by Toyota for making cars. We have adapted this approach, which emphasizes the organization of the work and facility, to golf course maintenance in order to get the maximum productivity out of each labor hour worked. For example our morning start-up routine is tightly choreographed to get our team on the course during the highly productive time before play begins. We also structure work and jobs for efficiency, for example routing work paths along the most productive routes and paths.
Renovation and Improvement Support
During the past five years we have worked with our course partners to support three complete and sixteen partial course renovations. We play a variety of roles in renovations depending on the specific situation. In full renovations, we coordinate overall efforts and deploy our team to cost-effectively supplement a contractor's workforce on tasks such as spraying out existing grasses, bunker excavation and refilling and grow-in. In partial renovations we typically oversee the contractor's work on behalf of our partner and often subcontract the work directly for our partner. We also consult with our partners, using our expertise and resources, to help define specifications for renovation work.
BrightView also has the unique capability to provide design support for minor renovations and effective liaison with architects in major renovations through Erik Larsen, our Business Development leader based in Florida who is a past President of the American Society of Golf Course Architects.
Finally, in the context of a long-term agreement, BrightView can provide interest-free financing for course capital investments.
18 I City of Modesto RFP No. 1920-64 August 4. 2020 G: Company History #10..
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Resources and Equipment
By partnering with BrightView, you will also have the largest golf course maintenance company in the country fully supporting you and leveraging an unmatched level of resources.
Safety
At BrightView, we begin every meeting from course morning start-up to executive committee meetings with a "safety moment". Safety is ingrained into our culture and we have world-class safety programs in place to insure that our people return home safe and whole each night. Our current OSHA recordable incident rate in Florida is
1.5 per 200,000 hours worked which is 66% below the national average. Our safety programs include training, weekly reinforcement, quarterly incentives and awards and strict personal protective equipment standards. We believe that a safe team is a happy and productive team!
Superintendent-friendly Administrative Processes
We believe that Superintendent and Assistant Superintendent's time is valuable and best focused on the course, the crew and the customer. We therefore use technology to minimize "desk time" for course leadership. We use a procurement card system for purchasing over 90% of materials and supplies that avoids the need for purchase orders, invoices-matching and receivers. Our Electronic Time Capture (ETC) system not only provides for accurate employee pay but also automates the time card and attestation processes to minimize administrative time. We use a customized software solution based on SPaRKS for agronomic calendaring, tracking actual applications and automating the spray application tracking and reporting process.
Employee Transition
We draw on the strength of BrightView Human Resources and Benefits Support to ensur a smooth transition of existing employees to BrightView. All of our HR and Benefits Support is bilingual. At transition we seek to hire as much of the existing staff as possible to retain the local knowledge that is so important to successful golf course maintenance.
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Retain True Control
While the County will be relying on a 3rd party outsource to maintain your golf course, the most important asset at this property, you can always trust that the County will retain true control when partnering with BrightView.
Yes, we will be accountable and responsible for managing all aspects of your golf course maintenance program. However, from transparent planning to our unparalleled, proactive communication on a daily basis, the County will always have an active role.
Simply put, you define the level of conditions then we deliver, and quite often exceed your expectations.
20 I City of Modesto RFP No. 1920-64 August 4. 2020 G: Company History #10..
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Most Noteworthy Qualifications
BrightView Golf Maintenance has been a proud partner and steward of the City of Modesto's golf course assets for over 20 years. Throughout that long period of service, we have been continuously committed to supporting the goals of the City of Modesto for its municipal golf programs and providing the citizens of Modesto the best golfing conditions for the dollar.
BrightView Golf Maintenance is very proud of our many accomplishments over this time span. Among these are included:
1. 2000- BrightView Golf Maintenance and the City of Modesto begin our partnership for maintenance of the golf courses.
2. 2010- Maintaining continuous support through the operational consolidation and resource sharing over all three golf properties to create significant reductions in golf maintenance expense for the City of Modesto.
3. 2013- Assisting the City of Modesto in partnering with KemperSports as manager of golf operations at the properties, resulting in substantial improvements to the golf experience.
4. 2014- Achieving Audubon Cooperative Sanctuary status at Creekside Golf Course, showing a strong commitment from BrightView and the City of Modesto to maintaining a sustainable footprint on the environment for golf.
5. 2015- The City of Modesto and BrightView Golf entered an agreement to continue golf services for five years.
6. 2018 through 2020- worked closely with City of Modesto through all open Golf Public Meetings held in city to discuss options for golf course operations, which have ultimately led to the decision to condense golf course services.
7. 2020- Assisted the City of Modesto in managing operations at the golf courses through the COVID-19 pandemic, including adjusting the services contract to help control costs.
Our relationship with the City of Modesto is one of our most valued partnerships. We have and will continue to bring to it the full resources and expertise that comes from being the largest golf maintenance company. The strong commitment that all of us have at BrightView to remain a proud partner with the City of Modesto is at the heart of this proposal.
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BrightView
Golf Maintenance
~
Terminated Contracts Past 3 Years
Terminated Contracts Past 3 Years
Property Name Location Type Year Termed Note
St Ives Country Club Johns Creek GoW Course Maintenance 2020 Contract End The Gow Club of Jupner Jupner Short-term Course Recovery 2020 Contract End cnv of Anaheim Anaheim, CA Gow Course Maintenance 2019 Contract End Alhambra Gow Course Alhambra, CA GoW Course Maintenance 2019 Contract End Lawrence Yacht and Country Club Lawrence GoW Course Maintenance 2019 Contract End Countrvwood: The Lakes and The Meadows Plant cny Gow Course Maintenance 2019 Contract End Atlantic Beach Country Club Atlantic Beach GoW Course Maintenance 2019 Contract End Blue Heron Pines Gow Club Punta Gorda GoW Course Maintenance 2019 Contract End Riverside GoW Club Ruskin Gow Course Maintenance 2019 Contract End Grand Harbor Club Vero Beach GoW Course Maintenance 2019 Contract End DeBell GoW Club Burbank, CA GoW Course Maintenance 2018 Contract End CalWornia Countrv Club Whittier, CA Gow Course Maintenance 2018 Non Payment Palo Alto Municipal Palo Alto, CA Short--term Construction Grow-in 2018 Contract End TavlorMade Gow Experience Las Veoas, NV GoW Course Maintenance 2018 Non Pavment Peninsula GoW & Countrv Club Millsboro GoW Course Maintenance 2018 Contract End Eaale Crest Golf Course San Dieoo, CA Gow Course Maintenance 2017 Nan Pavment VillaQe Club of Sands Point Sands Point GoW Course Maintenance 2017 Contract End The Villaoes - Saddlebrook complex The Villaaes Gow Course Maintenance 2017 Contract End 22 I City of Modesto RFP No. 1920-64 August 4, 2020 G: Company History #10..
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@ KemperSports
TERMINATE □ CONTRACTS PREVIOUS 3 YEARS
Property Name Locadon "fype Term Year Note
Ba1-rell9 Bistro & Bar Sunnyva le, CA Lease (F&B O n ly ) 2019 Resta urant closed Butterf ie ld Trail Golf Club El Paso, TX M an agement 2020 Course closed Fort Steilacoom Golf Course Lakewood, W A M an agement 2018 Course closed Gle nv iew Pa rk Golf Club Cafe Gle nv iew, IL M an agement (F&B o nly) 2017 Self man age consolidate operations
Pinecrest Golf Club H untley, IL M an agement 2019 Agreement expired Th e Crossin gs at Carlsbad Ca rl sb ad, CA M an agement 2018 Agreement expired Va n B u skirk Golf Course Stock ton , CA M an agement 2020 Cou rse closed ® KemperSports Uniquely dedicated. D istinctly different. Custom Property Management G: Company History I 23
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BrightView
Golf Maintenance
~
A Subsidary of BrightView
BrightView Golf Maintenance, Inc., a subsidiary of BrightView Holdings, Inc. is a California Corporation which is publically traded on the NYSE. The Golf Maintenance Division of BrightView Holdings was incorporated on February 17, 1976. In March of 2016, ValleyCrest Companies merged with The Brickman Group to form BrightView Companies.
24 I City of Modesto RFP No. 1920-64 August 4, 2020 G: Company History #10..
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Kemper Sports
National Scope Local Focus
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management G: Company History I 25
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4 KEMPERSPORTS
Family Owned 1978
& Operated s·nce
6,500
130
24 ONE
Staff
Facilities
States
& Mexico
client
at a time
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management 26 I City of Modesto RFP No. 1920-64 August 4. 2020 G: Company History #10..
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CITY OF MODESTO
Kemper Sports®
HISTORY & BACKGROUND
KemperSports is a privately held company founded in 7978 by James Kemper, Jr. and Steven H. Lesnik. One of the company's first projects was the development of Kemper Lakes Golf Course on the campus of Kemper Insurance in Long Grove, IL. Kemper Lakes received national acclaim as host of the 7989 PGA Championship, the first public access course to do so in the history of the PGA Championship.
KemperSports was founded with the singular goal of delivering the best possible golf experience to their members and guests - more than 40 years later, that goal still reigns true as the company now manages more than 700 golf courses, private clubs, resorts, athletic clubs and lodging venues across the U.S. and Caribbean. 5 KemperSports is honored to work with the city of Modesto to manage their two, 78-hole golf courses. Taking over management in 2073, KemperSports now manages 74 courses in the state of California - 72 of which are owned by municipalities.
It's that experience that has KemperSports primed to deliver the best possible golf experience for golfers in the region while also delivering a healthy financial performance to the city. Delivering dynamic and exceptional golf experiences while generating peak performance at the courses they operate remains the company's passion.
KemperSports has a rich, deep-rooted service culture, with special attention paid to guest experience and service.
The company's passion for delivering exceptional service has led its people and the overall company to receive many national accolades over its 40-year history. KemperSports is proud to manage an award-winning portfolio including nationally-ranked courses, private clubs, municipal courses and tournament venues such as Bandon Dunes Golf Resort, Streamsong Resort, The Glen Club, Desert Wi llow Golf Resort and Chambers Bay, host of the 2075 U.S. Open Championship. The company manages more top-700 golf courses than any other golf management company in the industry.
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management G: Company History I 27
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6 KEMPERSPORTS
WHAT MAKfS US DIFF f Rf NT~
KemperSports is committed to the idea that one size does not fit all. KemperSports embraces a customized, hands-on, client-centric approach to managing our clients' properties. The Modesto Golf Courses w ill continue to be supported by a team of experts including a Regional Operations Executive, a Regional Sales & Marketing Director, a Regional F&B Champion, and both a Regional and Corporate Controller. KemperSports regional operations director and on- site general manager w ill meet monthly, or more often as requested, with City representatives to review financial performance, marketing initiatives and to tour the facilities. KemperSports also provides our clients with an Executive Sponsor to further our commitment to open dialogue. Our Executive Sponsor program ensures client representatives have direct access to a KemperSports senior executive not directly involved with day-to-day operations of the faci lities. We have found t his arrangement provides clients multiple ways to commun icate t heir ideas and concerns with senior officers of the company.
Our goal is to maintain a strong foundation and support structure to ensure our on-site team can consistently deliver a high-quality customer experience. Unlike other management companies in the industry, KemperSports uniquely positions our managed properties as t he focal point for all of our relationships, rather than promoting ourselves. We are more concerned with the operational success of our clients than adding clients to our portfolio.
Our proprietary customer service traini ng program, operating policies/procedures, customized in-depth client reporting tools, annual marketing plan and forecasting sales pace and lead reporting tools al low us to provide our clients w ith professionally delivered information and complete transparency of the overa ll operation.
PROOF OF PRIOR SUCCf SS
KemperSports has an unmatched understanding of w hat it takes to successfu lly manage Creekside and Dryden Park given our history at t he faci lities. Over our tenure in managing the facil ities, we have put systems and procedures in place for t he long-term benefit of t he facilities. The team continues to build strong relationships within the golfing community and with key City personnel. Under KemperSports management, the golf courses wi ll continue to serve t he City with optimal value and customer service. Our team has extensive knowledge of the faci lities and t he local market, they have forged solid relationships within the golfing community, and the golf courses are positioned to be fu lly sustainable.
Since October 2013, KemperSports has implemented customized operating procedures and created comprehensive marketing plans that wi ll shape the overall marketing and business strategies for the coming years. Our management history in Modesto has allowed us to begin lay ing t he foundation and developing plans to ensure that the facilities are positioned for success for t he long term.
PA Rf NT FIRM
KemperSports is not a subsidiary or division of a parent firm. ® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management 28 I City of Modesto RFP No. 1920-64 August 4, 2020 G: Company History #10..
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CITY OF MODESTO
LOCAL PRESENCE
KEMPER5PORTS MANAGES SEVERAL PROPERTIES IN NORTHERN CALIFORNIA. FAMILIARITY WITH THE SURROUNDING MARKETS HELPS GUIDE OPERATIONAL, FINANCIAL AND MARKETING DECISIONS.
NorCal Managed Properties
Creekside Golf Course - Modesto
Dryden Park Golf Course - Modesto
Dublin Ranch Golf Course - Dublin
Paradise Valley Golf Course - Fairfield
Rancho Solano Golf Course - Fairfield
Swenson Park Golf Course - Stockton
The Links at Bodega Harbour - Bodega Bay
Wild Wings Golf Club - Woodland
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management 9 G: Company History I 29
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BrightView
Golf Maintenance
~
Operations Calendar for Creekside & Dryden Park GC
WltfflR SUMMER
ACTIVITIES OCT NOV DEC JAN FEB MAR APR MAY JUNE JUL AUG SEPT Mow (freq per week) 7 7 7 7 7 7 7 7 7
Vertical Mow/Top Dress 1 1
Topdressing (heavy) 1
Aerification 1
Overseeding 1
Dry/Liquid Fertility Applications 4 4 4 4 4 4 4 4 4 4
4 4 4 4 4 4 4 4 4 4
Includes Ra Tees
2 3 3 3 3 3 3
Aerification
Top Dress 1
Divot Repair (freq per week) 3 5 5 5 5 5 5
Verticutting 1
Dry/Liquid Fertili Applications
Control Products
1 3 3 3 3 3 3 3 3 3 3
2 1 1 1 1 1
1 1 1 1
1 7 7 7 7 7 7
Tee Markers Moved (freq per week) 7 7 7 7 7 7
Ball Washer Service (freq per week) 7 7 7 7 7 7
Towel & BW Water Change (freq per week) 2 2 2 2 2
8unllllS
Full Raking freq per week) 5 5 5 5 5 5 5 5 5
Spot Raking (freq per week) 2 2
Sand Depth Check 1 1 1
Edge & Bank Detail 1
Cleaning/Blowing (freq per week) 3 3 3 3 3
Edging (freq) 1
OIiier
Clean Tee Signs & Perm Markers 1 1 1
Pump Station Check (freq per week) 1 1
Soil Analysis
Water Testing 1
Tree Well Detail 1 1 1 1
Tree Trimming (up to 12' from the ground) 1 1
30 I City of Modesto RFP No. 1920-64 August 4, 2020 H: Minimun Requirement #10..
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BrightView
Golf Maintenance
~
Operations Calendar for Muni Golf Field
WITER SUMMBt
ACTIVITIES OCT NOV DK JAN FEB MAR APR MAY JUNE JUL AUG SEPT MIiii GolCon IWMaillelaa
Mow (freq per month) 2 2 2 2 2 2 2 2 2 2 2
Dry/Liquid Fertility Applications 1
Control Products 1
Rodent Control 2 2 2 2 2 2 2 2 2 2 2
Irrigation Maintenance 4 4 4 4 4 4 4 4 4 4 4 4
Pump Station PM
Police grounds and parking lot for trash 2 2 2 2 2 2 2 2 2 2 Turf aerification 1
Tree Well Detail 1 1 1 1 1 1 1 1
Concrete edging 1 1 1 1 1 1
H: Minimun Requirement I 31
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BrightView
Golf Maintenance
~
Staffing Plan
Staffing to Stay on Top of Every Detail
Our customers have trouble comprehending how we can accomplish so much work (often 15%+ percent more efficiently) without seeing a difference in quality. We don't cut corners. We just work smarter.
To determine your staffing needs, we pull from years of observation and testing to determine the man-hours required to accomplish the work that needs to get done at the quality level the club expects.
Season
Summer
Winter
Summer Season
Full-time employees
Part-time employees
Winter Season
Full-time employees
Part-time employees
Mon Tue
22 14
14 8
§§Weeks
0 3
rn
Weeks
0 5
Daily Labor Count
Wed Thu Fri Sat Sun
20 15 22 9 7
14 11 14 6 6
* - Daily Labor Count is an estimate of needed employees and the mix between Full-time and Part-time labor is subject to change.
All work is based on man-hours and staffing may be adjusted in order to complete the work specified in the Technical Specifications. 32 I City of Modesto RFP No. 1920-64 August 4. 2020 H: Minimun Requirement #10..
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BrightView
Golf Maintenance
~
Course Organization Chart
CITY OF MODESTO
GOLF COURSES
BRIGHTVIEW
SUPPORT TEAM
KEVIN NEAL, CGCS
t---------+---------------IVICE PRESIDENT/GENERAL
DETAIL TEAM SET-UP TEAM
MOWING TEAM
BUNKER TEAM
SCOTT DICKSON
SUPERINTENDENT
MANAGER, WEST
ASSOCIATE AREA
DIRECTOR. WEST
JONATHAN MOULTON
ASSISTANT
SUPERINTENDENT
EOUIPMENTTECHNICIAN I------,
IRRIGATION TEAM
BRIGHTVIEW
SUPPORT TEAM
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34 City of Modesto RFP No. 1920-64 August 4. 2020 H: Minimun Requirement #10..
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BrightView ~ Golf Maintenance
Job Descriptions
Golf Course Superintendent
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We are currently searching for a Full-Time Superintendent to work at one of our golf courses. The ideal applicant will be a self-starter and have a stable work history.
The superintendent is entrusted with the maintenance, operation and management of a golf course. He serves as the liaison between the company, the customer representative and the golf shop on matters concerning daily course operation. He shall be easily contacted and will, in turn, be in contact with the key employees on the golf course at all times. The superintendent must be able to respond quickly to any situation.
Duties and responsibilities include:
Plan, organize, and direct maintenance of all areas within the scope and according to the technical specifications of the contract.
Partner with the customer to understand or develop a long term property improvement plan.
Supervise the operation, maintenance and repair of all equipment assigned to the course.
Prepare and operate within annual budget estimates.
Prepare and follow an annual agronomic plan that operates within the technical specifications of the contract and the annual budget,
Procure and manage supplies and materials to support maintenance activities.
Create and distribute report of maintenance activities as required.
Manage golf course employees including interview, hire, training, discipline and separation.
Protect the company's interest by an awareness of and compliance with all applicable regulations including course and company policies.
Fulfill administrative duties timely. Administer all aspects of the BrightView Safety Program and the BrightView BV360 Management Program.
Represent BrightView Golf Maintenance in a positive and professional manner including attitude, appearance and speech.
Maintain effective employee and public relations.
Meet or exceed external and internal customer expectations.
Qualifications include:
Experience in all phases of golf course management and turf culture.
A working knowledge of the construction, establishment, and maintenance practices employed on golf course putting greens, tees, fairways, roughs, and bunkers.
A degree or advanced knowledge of agronomy, horticulture, plant or soil science. High degree of administrative and executive ability including effective oral and written communication skills and computer proficiency.
Certified and /or licensed for pesticide usage.
Familiar with the characteristics and proper use of fertilizers and soil conditioners. Knowledge of irrigation including watering practices, irrigation systems, pumps, wells and automatic controls and drainage.
Able to prepare the course for play in accordance with the rules of golf. Able to evaluate the course from the player's perspective.
Valid driver's license.
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Senior Golf Superintendent: SOGCS Leader; Golf Superintendent: SOGC; Leader; Coordinating Golf Superintendent: SOGCR Leader Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Assistant Golf Course Superintendent
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We are currently searching for a Full-Time Assistant Superintendent to work at one of our golf courses. The ideal applicant will be a self-starter and have a stable work history.
The assistant golf course superintendent reports directly to the golf course superintendent and is responsible to execute the superintendent's job duties in his absence. The superintendent is entrusted with the maintenance, operation, and management of a golf course maintenance operation. He serves as the liaison between the company, the customer representative and the golf shop on matters concerning daily course operation. He shall be easily contacted and will, in turn, be in contact with the key employees on the golf course at all times. The superintendent and assistant superintendent must be able to respond quickly to any situation.
Duties and Responsibilities Include:
Assist the superintendent to organize and direct maintenance of all areas within the scope and according to the technical specifications of the contract.
Supervise the operation, maintenance, and repair of all equipment assigned to the course.
Procure and manage supplies and materials to support maintenance activities.
Manage golf course maintenance employees. Provide valuable inputs on the interview, hire, training, discipline and the separation process.
Protect the company's interest through an awareness of and compliance with all applicable regulations including course and company policies. Fulfill administrative duties timely.
Administer all aspects of the BrightView Safety Program and the BV360 Management Program Represent BrightView Golf Maintenance in a positive and professional manner including attitude, appearance, and public relations.
Meet or exceed external and internal customer expectations.
Qualifications Include:
Experience in golf course management and turf culture preferred.
An awareness of the construction, establishment and maintenance practices employed on golf course putting greens, tees, fairways, roughs and bunkers.
A degree or advanced knowledge of agronomy, horticulture, plant or soil science· preferred.
Aptitude for administrative and executive responsibilities including effective oral and written communication skills and computer proficiency.
Must obtain and maintain state sanctioned pesticide applicator license within 6 months of entry into this job.
Familiar with the characteristics and proper use of fertilizers and soil conditioners.
Knowledge of irrigation including watering practices, irrigation systems, pumps, wells and automatic controls and drainage.
Able to prepare the course for play in accordance with the rules of golf.
Able to evaluate the course from the player's perspective.
Valid driver's license.
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Assistant Golf Superintendent: 50 GCA Leader
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Foreman
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We are currently searching for a Full-Time Foreman to work at one of our golf courses. The ideal applicant will be a self-starter and have a stable work history.
The foreman reports directly to the golf course superintendent or assistant golf course superintendent Duties and Responsibilities Include:
Direct the maintenance of all areas as defined by the superintendent or assistant superintendent. • Supervise the operation, maintenance and repair of all equipment assigned to the course. • Supervise special projects as directed by superintendent or assistant superintendent. • Manage and dispense supplies and materials to support maintenance activities. • Directly supervise and train golf course employees. Provide feedback on employee training and discipline. • Identify problems and communicate promptly with superintendent or assistant superintendent.
Protect the company's interest by an awareness of and compliance with all applicable regulations including course and company policies.
■ Administer all aspects of the BrightView Safety Program.
Represent BrightView Golf Course Maintenance in a positive and professional manner including attitude, appearance and speech.
Maintain effective employee and public relations.
Qualifications Include:
■ Knowledge of turfgrass management.
■ Knowledge of irrigation and drainage principles.
■ Proven leadership capabilities
■ Ability to operate and train on all pieces of equipment employed at the course. ■ Ability to apply as directed fertilizers, soil conditioners and other control products. • Valid driver's license.
Please send your resume and salary requirements to be considered for this exciting opportunity.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Res Foreman, 52 GLF, LEADER
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Golf Course Mechanic II
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We are currently searching for a (Full-Time or Part Time) Mechanic II:
Duties and Responsibilities Include:
• Performing preventative maintenance and repair work on a variety of small engines. • Overseeing busy shop operations
• Maintaining accurate information and reports on equipment • Performing maintenance and repairs on hydraulic and electric components of equipment • Performing various tasks associated with maintaining sharp cutting units, including grinding and adjusting
• Accurately diagnosing root causes of equipment breakdowns and instituting timely repair procedures
• Occasional equipment relocation via truck and trailer within region • Occasional travel within area to perform repairs
• Ensure that all equipment operates efficiently and safely at all times Requirements:
• Strong work ethic
• Good background in hydraulic and electrical diagnostics • Effective oral and written communication skills
• Ability to prioritize and multi-task and work in fast paced environment • Valid Driver's License
• Must have experience in Golf Course Fleet Management
• Physical demands are required for this position and might include, but are not limited to:
• Regular Heavy lifting up to 50 pounds
• Noise level in work environment is usually moderate
• Occasional exposure to outside weather conditions including sun, rain, cold • Repetitive movement- standing, walking, twisting, turning, bending squatting, stooping, talking, writing, and typing
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Golf Mechanic II, 25 GLF Leader
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Agronomic Technician
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We are currently searching for a Full-Time Agronomic Technician with chemical fertilization or pesticide industry application experience to work with at our golf courses. The ideal applicant will be a self-starter and have a stable work history.
Duties and Responsibilities Include:
• Experience with chemical or spray applications
• Must obtain and maintain state sanctioned pesticide applicator license within 6 months of entry into this job
• Post-secondary education in turf science or a related field ■ Maintain a valid Driver's License
• Strong attention to detail
• Able to operate efficiently and safely at all times
• Ability to prioritize daily work schedule based on minimal supervision • Ability to perform other cultural applications on golf course as needed - assist with aerifications, applying seed to designated areas, sand topdressing applications • Physical demands are required for this position and might include, but are not limited to:
• Heavy lifting up to 50 pounds
• Regular exposure to outside environment including rain, cold, sun, or night • Repetitive movement- standing, walking, twisting, turning, bending, squatting, stooping ■ Bilingual (Spanish/English) a benefit
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Agronomic Tech. Golf, 65 CULT Leader
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Irrigation Technician
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We currently have a Full Time position available for an Irrigation Technician who will be responsible for repairing and maintaining golf course irrigation systems and the following:
• Installing systems and ensuring that they function efficiently • Repairing and maintaining valves- including quick coupler valves, tracing electrical components, installing and initializing clocks and timers, locating existing zones and valves and performing pump repairs
• Repairing and maintaining sprinklers, including quick coupler inserts • Adhering to Company's safety policy and ensuring that the public will be safe while in contact with irrigation maintenance or repairs
Requirements:
• Minimum of 1 year experience working with golf course irrigation systems • Strong work ethic
• Effective oral communication skills
• Ability to prioritize and multi-task and work in a fast-paced environment • Physical demands are required for this position and might include, but are not limited to:
• Heavy lifting up to 50 pounds
• Regular exposure to outside environment including rain, cold, sun, or night • Repetitive movement- standing, walking, twisting, turning, bending, squatting, stooping • Irrigation certification a plus
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Irrigation Tech, Golf, 65 CULT, Leader
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Mowing Team Equipment Operator (Red Team)
Full or Part Time
Triplex Greens Mowing Specialist, Tee Mowing Specialist, Fairway Mowing Specialist, Roughs Mowing Specialist
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We currently have a Full Time/Part-Time) position for an Mowing Team Equipment Operator who will maintain grounds of golf courses by performing some or all of the following duties:
Mowing turf areas using various sized power mowers
• Operating a towed behind gas powered blower
• Picking up leaves, trash, and cut grass and placing onto a truck or trailer • Bilingual (English/Spanish) a plus
• Ability to report for daily work at different job sites within region to perform required tasks • Physical demands are required for this position and might include, but are not limited to:
• Occasional lifting up to 50 pounds
• Regular exposure to outside environment including rain, cold, sun, or night • Repetitive movement- standing, walking, twisting, turning, bending, squatting, stooping, sitting Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Mowing Team. Equip Oper, Full Time. 64 RED Member
Mowing Team, FT, Seasonal, 46 RED, Member
Mowing Team Lead, Eq Oper, Part Time, 46 RDLP, Member
Mowing Team Eq Opr, Part Time, 43 REDP Member
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Groundsperson (Green Team)
Full or Part Time
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We currently have a Full-Time/Part time) position for a Groundsperson who will maintain grounds of golf courses by performing the following duties:
• Mowing small turf areas using "fly-mo" or small push power mowers • Trimming and edging using a gas powered edger/trimmer • Operating a gas powered blower
• Trimming shrubs and low trees to shape and improve growth or to remove damaged leaves, branches, or twigs using shears, pruners, or gas powered hedge trimmers • Picking up leaves, trash, and cut grass and placing onto a truck or trailer • Perform weeding by hand or using a garden hoe or hula hoe • Ability to report for daily work at different job sites within region to perform required tasks • May include Greenskeeper and/or lrrigator duties as assigned. • Bilingual (English/Spanish) a plus
• Physical demands are required for this position and might include, but are not limited to:
• Regular Heavy lifting up to 50 pounds
• Regular exposure to outside environment including rain, cold, sun, or night • Repetitive movement- standing, walking, twisting, turning, bending, squatting, stooping Lead: 55, GRN, Member; Full Time: 64, GRN, Member; Full Time Seasonal: 46, GRN, Member; Part Time: 43, GRNP, Part Time Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Confidence from Excellence
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BrightView ~ Golf Maintenance
Job Descriptions
Greenskeeper (Gold Team)
Full or Part Time
Walk Mowing Specialist, Set Up Specialist, Bunker Specialist, Seasonal Watering Technician BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We currently have a Part-Time position for a Greenskeeper who will maintain grounds of golf courses by performing some or all of the following daily duties:
• Changing cup locations on all greens daily or as directed by supervisor • Servicing all teeing ground stations on course to include:
• Moving markers
• Sand/seeding divots from prior day's play
• Removing broken tees
• Removing trash from receptacles
• Maintaining ball-washers water and soap
• Policing trash from golf course during daily travel
• Daily monitoring of traffic control devices on golf course- ropes, stakes, and directional signs
• Daily cleaning and stocking of restrooms.
• Occasional picking up leaves, trash, and cut grass and placing onto a truck or trailer • Operating various vehicles used to perform daily bunker raking activities, including power raking and hand raking
• Mowing small turf areas using small push power mowers • Picking up leaves, trash, and cut grass and placing onto a truck or trailer • May include applying irrigation to golf course as directed by a supervisor. • Bilingual (English/Spanish) a plus
• Ability to report for daily work at different job sites within region to perform required tasks • Physical demands are required for this position and might include, but are not limited to:
• Regular light lifting up to 20 pounds
• Regular exposure to outside environment including rain, cold, sun, or night • Especially Repetitive movement- twisting, turning, bending, squatting, stooping, standing, walking, sitting
RES Greenskeeper, PT - 43RESP Part Time; RES Greenskeeper, Seasonal, 46 RES; RES Greenskeeper FT, 64 RES.
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
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BrightView ~ Golf Maintenance
Job Descriptions
Irrigation Technician
Part Time
BrightView Golf Maintenance is recognized nationwide as the leader in golf course maintenance services.
We currently have a Part Time position available for an lrrigator who will be responsible for performing minor irrigation repairs, assisting the Irrigation Technician and applying irrigation to the golf course as directed by Supervisor.
Duties Include:
• Assist on installing systems and ensuring that they function efficiently • Assist in repairing and maintaining valves - including quick coupler valves, tracing electrical components, installing and initializing clocks and timers, locating existing zones and valves and performing pump repairs
• Repairing and maintaining sprinklers, including quick coupler inserts • Performing regular summer time day irrigation of golf course as directed • Adhering to Company's safety policy and ensuring that the public will be safe while in contact with irrigation maintenance or repairs
Requirements:
• Strong work ethic
• Effective oral communication skills
• Ability to prioritize and multi-task and work in a fast-paced environment • Physical demands are required for this position and might include, but are not limited to:
• Heavy lifting up to 50 pounds
• Regular exposure to outside environment including rain, cold, sun, or night • Repetitive movement- standing, walking, twisting, turning, bending, squatting, stooping • Digging and backfilling sprinklers in heavy soil with a shovel 43, CULP, Part Time
Please send your resume and salary requirements to be considered for this exciting opportunity.
We offer medical and dental benefits and a 401(k) plan.
For more information, please visit www.BrightView.com. We are drug free and EOE by choice.
Confidence from Excellence
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44 I City of Modesto RFP No. 1920-64 August 4. 2020 H: Minimun Requirement #10..
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BrightView ~ Golf Maintenance
Job Descriptions
PTO Levels by Field Title, Position Title, Job Type & Step Field Title Golf Maintenance Division Positions
Blue Team - Mechanics
Field Title Golf Maintenance Division Positions
Golf Mechanic II Golf Mechanic II
Golf Mechanic I Golf Mechanic I
Golf Mecahnic, FT Seasonal Golf Mechanic, FT Seasonal
Golf Mechanic, Part Time Golf Mechanic, Part Time
Grey Team - Agronomic, Irrigation and Cultivation Team
Field Title Golf Maintenance Div1s1on Pos1t1ons
Ag Tech Agronomic Tech, Golf
Irrigation Tech Irrigation Tech, Golf
Cultivation Team, Full Time
Spray Applicator, Part-Time Irrigation Tech Cultivation Team, Full Time Seasonal Cultivation Team, PartTime
Green Team - Professional Groundskeepers
Field Title Golf Maintenance Division Positions
Green T earn - Lead Groundsperson, Lead, Full Time
Green T earn, Full Time Groundsperson, Full Time
Green Team, Full Time Seasonal Groundsperson, Full Time Seasonal Green Team, Part Time Grounsperson, Part Time
Red Team - Mowing Team Equipment Operators
Field Title
Triplex Greens Mowing Specialist, Tee Mowing Specialist, Fairway Mowing Specialist, Roughs Mowing Specialist
Gold Team - Greenskeepers
Field Title
Foreman
Walk Mowing Specialist, Set-up Specialist, Bunker
Specialist, Seasonal Watering Tech
Sick leave as required by law
6 paid holidays
Everyone Everywhere Everyt1me
Confidence from Excellence
Version BV2.5, June 29, 2016
Golf Maintenance Division Positions
Mowing Team, Equip Operator, Full Time
Mowing Team, Equip Operator, Full Time Seasonal
Mowing Team Lead Equipment Operator, Part Time
Mowing Team Equip Operator, Part Time
Golf Maintenance Division Positions
Res Foreman
Res Greenskeeper, Full Time
Res Greenskeeper, Full Time Seasonal
Res Greenskeeper, Part Time
Hourly lelders
Annual accrual up to 40 hours upon hire
Annual accrual up to 80 hours beginning on 3rd
anniversary
Annual accrual up to 120 hours beginning on 10th
annNersary
6 pa id holidays
Type
Type
25 25
25 25
Type
65 63
64 46
43 Type
55 64
46 43
Type
64 46
46 43
Type
52 64
46 43
Step Level
Step Level
GLF 2 Leader
GLFl Leader
GLFS Leader
GLFP Part Time
Step Level
CULT Leader
CU LT Leader
CULT Member
CULT Member
CULP Part Time
Step
GRN Member
GRN Member
GRN Member
GRNP Part Time
Step Level
RED Member
RED Member
RDLP Member
REDP Member
Level
GLF Leader
RES Member
RES Member
RESP Part Time
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46 Bright View
Golf Maintenance
KEY PERSONNEL RESUMES
The following resumes are included for your review. These and the organization charts presented were developed for your golf courses to provide additional insight regarding how we will bring both on-site and off-site resources to bear for your project. The fact that BrightView has considerable corporate expertise available to City of Modesto offers more power for each dollar you spend.
Scott Dickson, City of Modesto Golf Course Superintendent Jonathan Moulton, Area Director
Kevin Neal, Vice President, West
Dr. Todd Bunnell, Vice President, Agronomy
Greg Pieschala, President
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Pennsylvania State University
Turfgrass Science
Class A of the Golf Course
Superintendent Association
Past President of the Sierra
Nevada Golf Course
Superintendents Association
California Qualified Application
License
Scott Dickson, Class A
Superintendent
As Superintendent Scott is responsible leading the maintenance team to ensure course standards and operations are maintained and managed consistently according to the BrightView culture. With 25 years experience Scott is a seasoned BrightView team member and is well versed with BrightView's operating and administrative systems.
Additional Professional Experience:
• Superintendent (5 years). BrightView Golf Maintenance, City of Modesto, CA
• Superintendent (1.5 years). Micke Grove. Lodi. CA
• Superintendent (6.5 years). Saddle Creek, Copperopolis, CA • Assistant Superintendent, Del Paso Country Club. CA
• Assistant Superintendent. The Hamlet Golf and Country Club, NY • Assistant Superintendent, Standing Stone Golf Course in Huntingdon. PA Other Fun Facts:
Scott is an avid golfer and a New England sports fan . Scott and his wife Jessica have three daughters. Olivia, Isabella, Audrey, son Andrew and their goose dog Ralph.
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University of Massachusetts
MBA
University of Maine
Bachelor of Science
GCSAA Member
GCSAA National Assistant
Superintendent Committee
2014
ELGA/Golf Digest Chapter
Award Martis Camp 2012
ELGA/Golf Digest National\
Resort Winner
Old Greenwood 2007
ELGA/Golf Digest Merit Award
Gray's Crossing 2006
ELGA/Golf Digest Chapter
Award Old Greenwood 2005
Jonathan Moulton
Associate Area Director, Northern California
As the Associate Area Director Jonathan is responsible for personnel development, quality control and customer relationships at BrightView's properties in Northern California. He works closely with the on-site Golf Course Superintendents to ensure course standards and operations are maintained and managed consistently according to the BrightView culture and core values. Jonathan is a seasoned BrightView team member and well acquainted with BrightView's operating and administrative systems.
Professional Experience
In 2014, Jonathan joined the BrightView Golf Maintenance team as a Golf Course Superintendent at The Resort at Squaw Creek. He still serves as the Golf Course Superintendent at Squaw Creek and was promoted to the Regional Superintendent role in January 2018. After his first year the Resort at Squaw Creek earned the award of "Top-10 Most Improve Golf Courses in the USA" by GolfNow 2015.
Additional Professional Experience
Completed the BrightView "LEAD" Leadership Development Program - 2017 Assistant Superintendent - Martis Camp, Truckee, CA; 2010-2014 First Assistant Superintendent - Old Greenwood GC, Truckee, CA; 2007-2014 Natural Resources Manager - Tahoe Mountain Club, Truckee, CA; 2005-2007 48 I City of Modesto RFP No. 1920-64 August 4, 2020 H: Minimun Requirement #10..
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BS, Botany and Plant
Science
University of California,
Riverside
Golf Course
Superintendents
Association of America
Member since 1989
Golf Course
Superintendents
Association of Southern
California
Past President 2005
Audubon Cooperative
Sanctuary Program
State of California
Pesticide License
Responsible Managing
Employee
California State Contractors
License
Kevin Neal, CGCS
Vice President & General Manager, West
As Vice President & General Manager. West, Kevin is responsible for overseeing personnel development, quality control and customer relationships at BrightView's properties in the West. He works closely with Clients to ensure course standards and operations are maintained and managed consistently according to their standards and expectations.
As one of BrightView·s most experienced and creative team members.
Kevin will ensure the labor force at your facility is organized efficiently and effectively, resulting in continuous improvement, high-quality work, a safe work environment and high morale amongst the team.
Professional Experience
Kevin's responsibilities include identifying, codifying and rolling out best practices for BrightView Golf Maintenance. He is also responsible for supporting each of our golf course maintenance teams. particularly in new start-ups to ensure our best practices and policies are implemented. Kevin is responsible for introducing and implementing our BV360 program at all of the courses we maintain. Kevin initially joined BrightView in 2005 as Resident Superintendent. overseeing other BrightView Superintendents on properties in Southern California. as well as taking on the role of Superintendent at Anaheim Hills Golf Course.
Additional Professional Experience
SeaCliff Country Club, Huntington Beach, CA, Golf Course Superintendent, 1997-2005
• Los Verdes Golf Course, Rancho Palos Verdes, CA, Golf Course Superintendent, 1994-97
• Skylinks Golf Course, Long Beach, CA, Golf Course Superintendent, 1993-94 • El Dorado Park Golf Course, Long Beach, CA, Golf Course Superintendent, 1992-93
• United States Army, 1982-88
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Phd, Plant Physiology,
Turfgrass
Clemson University, SC
MS. Horticulture. Turfgrass
Clemson University, SC
BS. Plant and Soil Science.
Turfgrass
University of Kentucky
Golf Course Superintendents
Association, Member
United States Golf
Association, Member
Wade Stackhouse Graduate
Student Fellowship. Clemson
University, 2002-03
Schilletter Fellowship,
Outstanding Graduate
Student Researcher, Clemson
University. 2001
Golf Course Superintendents
Association. Watson Fellow.
2001
B. Todd Bunnell, Ph.D.
Vice President, Agronomy
Dr. Bunnell will be the lead agronomist supporting our team at your course.
As such, he will be available as needed to support the Superintendent and will be directly involved in the diagnoses and treatment strategy for any emerging turf issues. He will visit the course quarterly to oversee implementation and the fine-tuning of our programs. He will also work with the Superintendent and our team to develop the annual agronomic program each year. Dr. Bunnell developed the agronomic program contained in our proposal.
Professional Experience
As Vice President of Agronomy for BrightView Golf Maintenance, Dr. Bunnell works closely with Superintendents to develop sound and efficient agronomic programs. Specific agronomic programs are developed independently for each property based on science, diagnostic results and client expectations.
He also works with fertilizer and chemical manufacturers to ensure the newest and most effective inputs are applied at our customers· properties. Prior to joining BrightView. Dr. Bunnell was employed by SePRO Corporation as the Manager of Turf and Ornamental Research/Golf Market Manager (2004- 11). His responsibilities included research, development, and regulatory compliance of SePRO branded turf and ornamental products including plant growth regulators, insecticides, herbicides and fungicides. His tasks also included developmental efforts towards new chemistries and uses in the turf and ornamental market.
Additional Professional Experience
• Clemson University. Clemson. SC. Graduate Research Assistant, {M.S.. Ph.D.) 1997-2003. Research projects included determining optimum light quantity for dwarf and fairway bermudagrasses. investigating soil atmosphere effects on bentgrass in the southern transition zone. conducting herbicide evaluation trials. construction and maintenance of USGA-specified bentgrass and bermudagrass greens. He also taught multiple undergraduate level courses/labs in horticulture. soil science. and turfgrass science.
Clemson University, Walker Course. Clemson. SC. Graduate Assistant. 1999- 2003. Duties included daily golf course preparation and operations and discussing various agronomic options available for optimum turfgrass growth and development with golf course superintendent and staff. • 1996 PGA Championship at the Valhalla Golf Club. Louisville. KY. Undergraduate Internship. Duties included major tournament preparation: mowing greens and fairways. assisted in all aspects of golf course management such as spraying, fertilization. irrigation. sodding. ornamental bed installation and maintenance. tree care. and supervised management of entrance drive and delegated duties to crew workers.
50 I City of Modesto RFP No. 1920-64 August 4. 2020 H: Minimun Requirement #10..
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Bright View~
Golf Maintenance
MBA with Distinction
Harvard Graduate School of
Business
BA. Economics
Stanford University
National Golf Course
Owners Association
Golf Course Superintendents
Association of America
Los Angeles Children's
Chorus, Director and
Treasurer
Huntington Library, Art
Collection and Botanical
Gardens. Overseer
Greg Pieschala
President
Greg provides the resources, support and company culture that allow BrightView's professionals to excel in serving our customers. To that end, he has assembled a team unmatched in the golf maintenance business, and has led the creation of industry-leading support tools, training and operations programs. He deeply believes in the wisdom of BrightView's founder, Burt Sperber, that "if we take care of our customers and our people, everything else will take care of itself."
Professional Experience
Greg Pieschala became President of BrightView Golf Maintenance in October 2003 with a mandate to expand the company on the basis of high customer satisfaction and quality. He originally joined BrightView Companies in January 2000 as Executive Vice President where he focused on expanding the corporation's national presence through acquisitions of strong regional companies. Prior to joining BrightView, Greg was a Principal in the Los Angeles office of McKinsey & Company.
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BRIGHTVIEW GOLF MAINTENANCE ORGANIZATION
OFFICE MANAGER ~
BARBARA JIMENEZ
ADMINISTRATIVE ,__ SPECIALIST
CHRISTINA GARCIA
SALES & MARKETING ,__ SUPPORT
STACEY CONNER
ADMINISTRATIVE t-- SPECIALIST
GINGER EDWARDS
~ PAYROLL/NEW HIRE
HARRY (WOODY) STEWART
ACCOUNTS PAYABLE
GINA MYERS
DIVISION CONTROLLER
CHAD STEWART
VPGM, WEST
KEVIN NEAL
AREA DIRECTOR,
WEST
ADAM KLOSTER
ASSOCIATE AREA
DIRECTOR, WEST
JONATHAN MOULTON
BUSINESS DEVELOPMENT
EXECUTIVE, WEST
TBD
52 I City of Modesto RFP No. 1920-64 August 4, 2020
PRESIDENT
GREG PIESCHALA
VPGM, SOUTHEAST
TERRY MCGUIRE
AREA DIRECTOR,
SOUTHEAST
MIKE HARBIN
ASSOC. AREA DIRECTOR,
SOUTHEAST
TRAY MALTBY
BUSINESS DEVELOPMENT
EXECUTIVE, SOUTHEAST
ERIK LARSEN
VICE PRESIDENT,
AGRONOMY
DR . TODD BUNNELL
GENERAL MANAGER,
NORTHEAST
VINCE GILMARTIN
BUSINESS DEVELOPMENT
EXECUTIVE, NORTHEAST
RON STEPANEK
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3·
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BrightView
Golf Maintenance
PRIVATE
Course
Antelope Valley Country Club
Calabasas Country Club
Glendora Country Club
Greensburg Country Club
Merced Golf & Country Club
Oak Harbor Golf Club
Packanack Golf Club
Riverview Golf & Country Club
Snowmass Club
The Club at Boca Pointe The Golf Club at Cuscowilla
Youghiogheny Country Club
Location
Palmdale, CA
Calabasas, CA Glendora, CA Greensburg, PA
Merced, CA
Vero Beach, FL
Wayne, NJ
Redding, CA
Snowmass Village, CO
Boca Raton, FL
Eatonton, GA
McKeesport, PA
PROPERTY OWNERS ASSOCIATION
Course
Auburn Lake Trails Golf Course
Bethany Bay Golf Club
Canyon Lake Country Club Canyon Nine Golf Course Clerbrook Golf & RV Resort Four Seasons Golf Course Highland Fairway Golf Course
Lake of the Pines
Lions Head Country Club
On Top of the World
DAILY FEE
Course
Angeles National Golf Club
Black Oak Golf Course
Cascata Golf Course
Eagle Glen Golf Club
Glenview Champions Country Club Golf Club of Jupiter
Hickory Valley Golf Club
Myakka Pines Golf Club
Nancy Lopez Legacy Country Club Palm Beach National Golf & Country Club Rio Secco Golf Club The Hamptons Golf & Country Club
West Orange Country Club
Location
Cool, CA Ocean View, DE Canyon Lake, CA
Reno, NV
Clermont, FL
Lakewood, NJ Lakeland, FL
Auburn, CA
Brick, NJ
Clearwater, FL
Location
Sunland, CA
Auburn, CA
Boulder City, NV
Corona, CA
The Villages, FL Jupiter, FL
Gilbertsville, PA
Englewood, FL
The Villages, FL
Lake Worth, FL
Henderson, NV
Auburndale, FL
Winter Gardens, FL
Holes
18 18 18 18 18
9 9
18 18 18 18 18
Holes
9 9
18 9
18 9
18 18
9 18
Holes
18 9
18 18
27 18
36 27
27 18
18 18 18
OUR COURSES
MUNICIPAL
Course
Bell Gardens Golf Course
Bobby Jones Club Golf Course
Creekside Golf Course
Daytona Beach Golf Course Diablo Creek Course Diamond Oaks Golf Course Dryden Park Golf Course Fairmount Golf Course
Green Hill Municipal Golf Course
John Prince Learning Center
Lake Isle Country Club
Lake Worth Golf Course Lakes of Taylor Golf Club Longshore Golf Club Martin County Golf & Country Club Modes1o Municipal Golf Course North Palm Beach Country Club Okeeheelee Golf Course Osprey Point Golf Course
Park Ridge Golf Course
Quail Valley Golf Course
Taylor Meadow Golf Club The Villages - Chatham Courses The Villages - Fairwinds The Villages - Kingfisher William F. Larkin Municipal Golf Course Woodcreek Golf Club RESORT
Course
Biltmore Hotel Golf Course Fox River Resort
Industry Hills Golf Club at Pacific Palms Resort
Omni Orlando Resort at ChampionsGate Golf
Resort at Squaw Creek
Terranea Resort
Willow Crest Golf Club
Location
Bell Gardens, CA
Sarasota, FL
Modesto, CA Daytona Beach, FL
Concord, CA
Roseville, CA
Modesto, CA
Riverside, CA
Worcester, MA
Lake Worth, FL
Eastchester, NY
Lake Worth, FL
Taylor, Ml
Westport, CT
Stuart, FL
Modesto, CA North Palm Beach, FL
West Palm Beach, FL
Boca Raton, FL Lake Worth, FL Missouri City, TX
Taylor, Ml The Villages, FL The Villages, FL The Villages, FL Ocean, NJ
Roseville, CA
Location
Coral Gables. FL Sheridan, IL
Industry Hills, CA
Davenport, FL
Olympic Valley, CA
Rancho Palos Verdes, CA
Westmont, IL
Holes
9 45
18 36
18 18
18 9
18 NIA
18 18
18 18
36 9
18 27 27
18 36
18 36
18 27
9 18
Holes
18 9
36 54
18 9
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® KemperSports
MARK HOESING
STAFF QUALIFICATIONS
THE "EXECUTIVE SPONSOR" PROGRAM ALLOWS OUR CLIENTS TO COMMUNICATE ONE-TO-ONE WITH AN EXECUTIVE IN OUR CORPORATE OFFICE. MARK HOESING, SENIOR VICE PRESIDENT, IS
THE EXECUTIVE SPONSOR FOR CITY OF M ODESTO AND ENSURES A CONSISTENTLY HIGH-QUALITY CUSTOMER EXPERIENCE. H E WILL CONTINUE OVERSEE THE IMPLEMENTATION OF KEY INITIATIVES.
MATT A LLEN WILL OVERSEE OPERATIONS AND MARY KATE ROHN WILL HEAD THE SALES AND MARKETING EFFORTS. THE TENURE OF THE KEMPERSPORTS AND PROPERTY STAFF TEAMS IS UNMATCHED, WITH PROPERTY STAFF HAVING A REMARKABLE, COMBINED 700+ YEARS OF EXPERIENCE AT THE FACILITIES.
SENIO R VI CE PRESIDENT, OPERATIO NS
M r. Hoesing, based in Scottsdale, AZ, serves as Sen ior VP of Operatio ns. He has more t h an 20 years of industry experience developing and operating facilit ies nationw ide, including significant involvement in t he construction and grow-in of2075 U.S. Open host site, Chambers Bay. Mr. Hoesing f irst joined KemperSports in 7999 w here he grew his career from a General Manager to eventually overseeing a large number of West Region propert ies.
MATT ALLEN
R EGIO NA L V ICE PRESIDENT, OPERATIO NS
Mr. Allen is a two-decade veteran of KemperSports. Start ing his career at Bandon Dunes, he quickly developed into an exceptio nal leader and transitioned to become t he General M anager of Chambers Bay, where he oversaw the preparation for and execution of t he 2075 U.S. Open. His scope of managerial expertise expanded to include ad ditional properties for Pierce County, WA, and most recently, to Regional Operations Executive for KemperSports' Pacific Northwest and Northern California properties.
MARY KATE "M.K." ROHN
REGIONAL SALES & MARKETING D IRECTO R
Ms. Rohn has been w ith KemperSports for four years and is responsible for driv ing the development and execution of sales and marketing strategies and tactics at the properties she d irectly supports. Prior to t his role, Ms. Rohn served as a Sr. D ig ital Marketing Ana lyst at KemperSports supporting t he company in marketing, communications and data management. M s. Ro hn has several years of golf ind ustry experie nce in corporate and property marketing, communications, and outing and event management.
GREGG DOSTER
SENI O R R EGIO NA L C O NTROLLER
Mr. Doster has been w it h KemperSports for 6 years. He is responsib le for finance and accounting operatio ns at t he properties he oversees. M r. Doster is also involved in techno logy enhancements and training improvements to aid in company wide efficiencies. Prior to his t ime w it h KemperSports, Mr. Doster brings a broad experience in the hospitality space.
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Managem en t 54 I City of Modesto RFP No. 1920-64 August 4, 2020 H: Minimun Requirement #10..
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KELLY SMITH
GENERAL MANAGER I CREEKSIDE & DRYDEN PARK
Mr. Smith has 29 years of experience in the golf business. Mr. Smith worked his way up through the ranks of the City of Modesto Golf Program starting out as a cart attendant, then to cart supervisor, then to golf shop assistant and eventually he became the golf shop manager. After a few years as the golf shop manager, Mr. Smith was promoted to General Manager of both Modesto properties. Mr. Smith joined KemperSports in October 2013 as the Interim General Manager of Creekside and Dryden Park, and in May of 2014 he was promoted to General Manager.
VINCE SUAREZ
TOURNAMENT DIRECTOR
Mr. Suarez started his tenure at Creekside and Dryden Park in 2000 as a cart attendant. Over the course of his career he has made significant impacts on the facilities, transitioning to a Shop Assistant in 2002 and to his current role ofTournament Sales & Marketing Director in late 2013. Mr. Suarez is responsible for the day-to-day facility communication and the execution of outings and events. His extensive local market and industry knowledge are critical to the success of both facilities.
LARRY ALVARADO
PGA CLASS "A" HEAD GOLF PRO I CREEKSIDE G .C.
Mr. Alvarado came to Modesto in May of l 99l as an Assistant Golf Professional. In April 1997, Mr. Alvarado received his Class "A" from the PGA of America and has been a member in good standing ever since. Shortly after receiving his Class "A", Mr. Alvarado was promoted to Head Golf Professional at Creekside Golf Course and has held that position ever since.
CHRIS MENDES
PGA CLASS "A" HEAD GOLF PRO I DRYDEN PARK G.C.
Mr. Mendes has been working in the golf industry since 1993 and earned his PGA membership in 1998. He is currently a Class"/:\' Member in good standing serving as the Head Golf Professional at Dryden Park Golf Course.
He has an extensive background working with junior golfers and continues to grow the game through all levels of instruction.
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management H: Minimun Requirement j 55
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Of PARTMf NlAl f XPf RT I Sf
KEMPERSPORTS LEVERAGES ITS SCALE AND DEPARTMENTAL EXPERTISE TO PROVIDE EACH PARTNER W ITH GU IDANCE AND SUPPORT IN ALL AREAS OF THE OPERATION. SU BJECT MATTER EXPERTS
CURATED DECADES WORTH OF EXPERIENCE INTO A COMPREHENSIVE POLICIES A ND PROCEDURES GUIDE WHICH INFORMS AND PREPARES DEPARTMENT HEADS. THESE EXPERTS ARE AVAILABLE TO CONSULT WITH THE ONSITE TEAM TO DELIVER THE BEST POSSIBLE RESULTS.
MODESTO
CA L IFORNIA
® KemperSports Uniquely dedicated. Distinctly different. Custom Property Management 56 I City of Modesto RFP No. 1920-64 August 4, 2020 H: Minimun Requirement #10..
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Drug & Alcohol Policy
Department: Human
Resources Compliance
Page# 1 of 2
Human Resources Owner Compliance
Drug and Alcohol Free Workplace
Policy Drug & Alcohol Free
Workplace
BVPL-S5.03 Revision 1.0
Implemented 05/22/2017
Updated 08/20/2019
Approval Chief Legal Officer (CLO)
As expressed in BrightView's Code of Conduct, the Company is committed to fostering the well-being and safety of all its Team Members. Being under the influence of alcohol or drugs (as classified under federal, state, or local laws - including marijuana) while on the job poses serious health and safety risks to Team Members and others. The possession, consumption, purchase, or sale of alcohol and illegal drugs on BrightView's premises and/or during work hours is strictly prohibited. Team Members shall not be under the influence of alcohol or illegal drugs while on BrightView's premises or operating BrightView equipment or vehicles.
This policy applies to all BrightView Team Members and to all job applicants who have received conditional offers of employment with BrightView.
A. Alcohol
The possession, consumption, purchase, or sale of alcohol on BrightView's premises is prohibited. Furthermore, no Team Member shall be under the influence of alcohol while on BrightView's premises (including in a BrightView vehicle) whether or not the Team Member is working, while operating BrightView's equipment or while performing BrightView's business off BrightView's premises. Team Members found to be engaged in such behavior may be subject to a disciplinary action up to and including termination of employment.
In addition, persons whose positions with BrightView. require driving as a part of their work may be removed from such positions or terminated if found to have been driving under the influence of alcohol, whether on or off duty.
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KEMPERSPORTS
Uniquely Dedicated.
Distinctly Different.
~
KemperSports
500 Skokie Blvd., Suite 444
Northbrook, IL 60062
847.850.1818
PREPARED FOR
CITY OF MODESTO
1010 10th Street
Modesto, CA 95354
CREATED
14JUL 2020
VALID UNTIL
31 JUL 2021
58 I City of Modesto RFP No. 1920-64 August 4, 2020
MODESTO
CA L IFORNIA
2021
BUSINESS
PLAN
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Kemper Sports®
TABLE OF CONTENTS
Business Plan Summary 3
Point of Difference 5
Revenue Drivers 6
Daily Fee Golf 7
Golf Outings & Tournaments 9
Clubhouse 10
Sales & Marketing 11
KemperSports Channels 14
Appendix 15
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BUSINESS PLAN
SUMMARY 6 OVERVIEW
Creekside and Dryden Park golf courses located in Modesto, California, strive to provide Best in Class levels of customer service and course conditions for their residents and the surrounding areas.
Creekside Golf Course is a fair test for every club in your bag. With three lakes, intricately contoured bunkers, large manicured trees and narrow fairways, Creekside is also noted for fast, expansive greens. This championship golf course has particular appeal to the more experienced golfer. The facility also offers a fenced driving range, large practice putting green, well-stocked golf shop and full-service restaurant with a wide menu selection.
Dryden Park Golf Course winds along the Tuolumne River and is one of Northern California's best golf values.
Encompassing mature pines and oaks, and wide emerald fairways, both beginners and expert golfers who prefer a more traditional round of golf will appreciate Dryden Park's medium sized greens guarded by small bunkers. Dryden Park Golf Course's practice facility has two practice putting greens and a driving range perfect for both learning and/or tuning up your golf game.
The hospitality shown by staff, who are trained in KemperSports' True Service™, will make golfers want to return time and time again. We are excited to enter a new fiscal year with golf being at its highest demand ever; and plans in place to creatively generate revenue and increase customer satisfaction. 3 60 I City of Modesto RFP No. 1920-64 August 4, 2020 H: Minimun Requirement #10..
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GOLF OPERATIONS
6 REVENUE MANAGEMENT
Both golf courses are maintained and operated extremely efficiently, and realistically costs cannot be reduced below their current level.
Revenue management will be key to the financial success of Creekside and Dryden Park. We will focus on golf course utilization by day and hour parts to ensure we are maximizing the revenue potential and long-term sustainability of revenues. Internally, we are performing a detailed pricing analysis to introduce new rates in late 2020 to account for demand, competitive market analysis and overall value of the experience at both facilities.
Driving rounds will take on a segmented approach based on geographic locations, golfer demographics, player types and time segments. In this approach, we will analyze key performance indicators along with our growing customer database to plan promotions, programs and marketing campaigns based on spending habits of customers. A key opportunity for driving rounds is centered around capturing customers from recently closed facilities in the area.
KEMPERSPORTS
SERVICES
Team Collaboration and Professional Management
KemperSports has provided management services for government and municipal agencies for more than 40 years and brings a creative and customized approach to each property we operate. Our hands-on, client-centric management approach is the cornerstone of our success and key to our long-term client relationships. Our people and their passion for what they do every day, combined with their experience at the Modesto properties, as well as their relationship with BrightView Golf Maintenance, current City of Modesto - Community & Economic Development Department, and other City staff makes KemperSports the right partner for this engagement.
With dedicated support in all areas of the business, we can develop knowledgeable strategies to drive revenue and increase our customer base. The combination of onsite and regional team support provides subject matter experts in golf operations, tournament services, sales and marketing, food & beverage and accounting. KemperSports department and regional leaders include:
Kelly Smith, General Manager
Vince Suarez, Tournament Director
Matt Allen, Vice President, Operations
Mary Kate Rohn, Regional Sales and Marketing Director
Brendan McCarthy, National Director of Marketing Services Gregg Doster, Regional Controller
KemperSports conducts weekly operations meetings with Matt Allen and property staff; and a monthly revenue call with Mr. Allen and Mary Kate Rohn. The purpose of these meetings is to share best practices for revenue generation, stay in touch with operations, receive regular facility and safety protocol updates, and promote accountability in executing action plans.
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General I Other
Both courses will continue to participate in the KemperSports National Buying Program, which earns the facilities yearend rebates. A significant amount of the rebates ($97,617.03 from 2013-2020) previously earned came from our current point-of-sale provider, EZLinks; and EZ-GO as part of the new cart lease.
Many of the following strategies and tactics outlined in this Business Plan are expected to be possible in a less restricted, COVID-19 free environment. As we have proven over the length of our management agreement with Creekside and Dryden Park, we will be agile in our response to changing business and economic situations and continue to drive revenue. The KemperSports staff will continue to do their part in ensuring compliance with public health orders and providing service that exceeds the expectations of our customers.
WE WILL. ..
Continue to brand both courses as Modesto's finest golf courses
POINT OF
DIFFERENCE
Train and educate our staff in Best in Class levels of customer service through KemperSports' True Service training program
Improve public perception of both courses and solicit more positive customer feedback Continue to survey our customers through post-play TrueReview surveys to monitor their satisfaction, communicate directly with them regarding their concerns and continue to improve based on customers' wants and needs Provide pricing recommendations to effectively generate revenue and manage both tee sheets effectively Implement enhanced technology solutions (POS, revenue and customer relations management, website and email) for both courses with direct KemperSports support to operate more efficiently and at a lower cost Chronogolf by Lightspeed was selected after a detailed and thorough analysis of the best possible technology providers
Appeal to new customers through advanced marketing and communications strategies and maintain the loyalty of our existing customer base
Offer programming that accommodates all ages and demographics of golfers and non-golfers alike Advance the digital brand and marketing strategies with KemperSports best practices including improving communication on all fronts, targeted marketing campaigns, extensive reporting, engaging and innovative content, improve data capture, and lead generation
Transition the First Tee program to Dryden Park and reinvigorate the program through KemperSports' commitment to player development and youth golf
Provide Kemper Sports centralized professional accounting services to efficiently equip the onsite teams with detailed and timely financial reports
Continue our adherence to state and local health and safety guidelines to ensure the safety of staff and customers 5 62 I City of Modesto RFP No. 1920 -64 August 4, 2020 H: Minimun Requirement #10..
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PRIMARY REVENUE
DRIVERS
DAILY FEE GOLF
Daily Fee Golf I Annual Passes/Loyalty Program I League Play GOLF OUTINGS 6 TOURNAMENTS
Golf Outings I Traditional Golf Events I Non-Traditional Golf Events
CLUBHOUSE
Merchandise I Food & Beverage
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DAILY FEE
GOLF .
Daily fee golf is the heartbeat of Creekside and Dryden Park. Our goal is to maximize daily fee golf revenue via growth in volume of rounds, increased average daily rate, and successfull programming.
I KEY OPPORTUNITIES & STRATEGIES TO SUPPORT DAILY FEE GOLF Opportunity #1: Pricing
After our detailed analysis, we will come to a viable option for increased rates and implementing other strategies to effectively generate revenue. Price increases will not go into effect until at least December 2020.
Review of current pricing, past price increases, city ordinances and opportunities for increases in the new fiscal year Complete utilization analysis to inform pricing recommendations Reevaluate pricing strategy with GoltNow and other third party providers as appropriate Review competitive set market analysis with data derived from NGF GolfSAT survey to be distributed in late summer 2020
Bundle where appropriate to fill underutilized times and grow total spend by customers Leverage our True Service training program to execute an unmatched golf experience that will drive word-of-mouth advertising from satisfied customers.
Opportunity #2: Player Development
Creekside & Dryden Park are well-positioned for Player Development activities. The strategy will focus on offering programming that accommodates all ages and demographics Uuniors, adults, women, etc.) of golfers and non-golfers alike, as well as capitalizing on nationally recognized programs such as The First Tee.
Generate new customers and incremental revenue from The First Tee participants as Dryden Park is now home to The First Tee, having moved from Modesto Municipal after its closing Use the local junior college to promote Get Golf Ready as a new class Develop a PGA Jr. League, focused on junior golfer engagement Serve as a Youth on Course facility, providing youth with access to life-changing opportunities through golf Continue to offer junior rates and/or allow juniors to play free with a paying adult, which encourages family golf Review Operation36 and the NGF's Welcome to Golf as viable Player Development options for both courses Opportunity #3: League Play
Leagues are a great traditional golf approach to develop loyalty with our customers.
Add more leagues as space on the tee sheet allows, taking the local community into account Implement partnership with Spark Golf - third party nine-hole weekday evening leagues bringing new customers to Creekside & Dryden Park
Explore opportunities for leagues coming from other courses, especially those that have closed 7 64 I City of Modesto RFP No. 1920-64 August 4, 2020 H: Minimun Requirement #10..
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DAILY FEE
GOLF
Opportunity #4: Technology Solutions
One of the largest areas of opportunity for Creekside and Dryden Park is centered around the POS, tee sheet, website and email transition to the Chronogolf by Light Speed services (tentatively planned for November 2020).
Improve data capture via online bookings and ability for players to create online profiles so that we can know course customers better
Establish customer loyalty through drip and nurturing campaigns - behavior-based marketing Improved website functionality through new Wordpress website and search engine optimization Review app presented by Chronogolf and other solutions for an integrated app Chronogolf point of sale will enhance our dynamic pricing capabilities A complete utilization analysis will inform demand-based pricing recommendations (noted in pricing section above)
Develop new customer loyalty program using enhanced technology solutions Opportunity #5: Loyalty Program
We will evaluate loyalty programs previously implemented, in order to develop a new one that not only works, but resonates with the customers, is simple to execute, and will drive revenue for years to come.
Evaluate price and recommend increases as appropriate as play increases Review past programs (punch cards, etc.) to determine which are successful Increase customer loyalty and daily fee player frequency through point per dollar spent program for both residents and non-residents
Continue to offer annual passes
Integrate loyalty program within an app
Better market the loyalty program once developed through facility signage, incentives and offers Increase the ADR of loyalty program members by incentivizing additional purchases H: Minimun Requirement I 65
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GOLF OUTINGS
6 TOURNAMENTS
We will continue to increase outing fee revenue by implementing a sales outreach plan to deliver growth in golf outings, tournaments, and other small group golf events at the facilities. Creekside and Dryden Park will improve both their traditional golf events and non-traditional events to appeal to a wide range of customers and grow golf-related revenues.
I KEY OPPORTUNITIES 6 STRATEGIES TO SUPPORT GOLF OUTINGS 6 TOURNAMENTS Outings er Tournaments
Continue to increase outing fee revenue in the new fiscal year by implementing a sales outreach plan to deliver growth in golf outings and other small group golf events at both facilities Promote outings throughout the community, Chamber of Commerce, on courses' websites and in email campaigns Use paid social media campaigns targeting new groups and geofence around competitors' course location Rebook returning groups within 30 days for the following year Continue strategy of contacting lost groups from prior year's PACE Report and offer to come back with some incentive and persistence (offer a discount if they book both courses) Increase average spend per event guest
Use donation requests as lead generation for outings and tournaments, with a goal to convert them to contracts Host a tournament seminar to better educate the community on how to run a tournament, incentivizing them to choose Creekside and/or Dryden Park as host venues
Traditional Golf Events
Traditional golf events appeal to the everyday golfer, our core group of customers.
Promote a new Fall evening four-week series of tournaments (dependent on COVID-19 gathering restrictions) Add more customer appreciation tournaments, as they are very well-received and are also a great business driver for customer loyalty
Promote team events to appeal to couples, both genders, family-friendly, etc.
Execute paid social media campaigns to promote events to patrons outside the local market Post events on a calendar on course websites
Non-Traditional Events
These types of events are intended to engage the community outside of just the local community and to increase recreational and entertainment offerings to attract a larger variety of customers.
Establish FootGolf programming at Dryden Park using the equipment from Modesto Municipal Offer events around the holidays, such as Brunch with Santa, Easter Egg Hunt, Fourth of July, etc.
Use the ranges to couple instruction with creative programming Execute paid social media campaigns to promote events to patrons outside the local market Post events in a calendar on course websites
66 I City of Modesto RFP No. 1920-64 August 4. 2020
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CLUBHOUSE
We will continue to increase clubhouse revenue by developing new creative programming and sales outreach plans to deliver revenue growth at the facility. Retail and food & beverage are currently the two areas most affected by COVID-19, so all strategies will be dependent on state and local COVID-19 guidelines and restrictions.
I KEY OPPORTUNITIES 6 STRATEGIES TO SUPPORT CLUBHOUSE
Opportunity #1: Merchandise
Educate staff on promotions and programs offered, to better inform our customers and take advantage of sales opportunities
Bundle during underutilized times (example: sleeve of golf balls with your super twilight round) Increase data capture and spend with customers via incentives, promotions and staff customer training Offer holiday promotions and merchandise sales (Father's Day, Labor Day, Black Friday, Cyber Monday, etc.) Create seasonal merchandise displays, quarterly, centered around a theme Develop a monthly merchandise promotions calendar
Develop tournament enhancement package, and increase average spend per outing event guest Increase the average merchandise spend per daily fee customer Opportunity #2: Food 8t Beverage
We will implement strategies to deliver growth in a la carte service at both facilities.
Expand current grab & go items as feasible in the golf shop Bundle a la cart food & beverage items with daily fee rounds and upcharge Start grilling and offer easy to-go items that are normal for a regular halfway house Increase average spend per event guest
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SALES
5 MARKETING
We will continue to evaluate and execute our customized sales and marketing plan to retain and attract golfers. Our revenue goals hinge on proactive efforts to promote daily fee golf, golf outings and events, and clubhouse (merchandise and food & beverage). With the support of our local and regional team, we will conduct internal and external analyses utilizing our local golf marketing intelligence. This is where the team onsite is our strongest advantage as both Kelly Smith and Vince Suarez have extensive local market and industry knowledge. Findings of our analyses will identify how to uniquely position the club in the Modesto and surrounding communities, based on a clear vision that defines the facilities' unique value proposition, and gives us the opportunity and meet and exceed our revenue budget.
The monthly revenue call and weekly operational calls hold the facility and regional teams accountable for delivering creative ways to drive revenue and executing established action plans.
I KEY SALES 6 MARKETING OPPORTUNITIES 6 STRATEGIES
Online Reviews
Monitor online review sites such as Golf Advisor, YELP and Google; and respond to reviews as appropriate.
Share positive reviews and feedback on social media channels Update to create positive awareness and drive revenue
Social Media
Our goal is to grow our social media following and increase engagement levels.
Use KemperSports marketing guide and weekly calendar as a starting point for regular content
Inform our audience of current events and visually highlight the property to encourage fan engagement on social media Share user-generated content to highlight customer
experience
Keep content and page information current and engaging
Include social links and reminder on all printed and
electronic materials
Run paid ads and boosted posts, especially for events and tournaments
Post relevant questions, contests, and weekly themes with links to online registrations and tee times
Dedicate one person to be the spokesperson for the property to ensure consistency, but allow multiple people to take photos
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68 I City of Modesto RFP No. 1920-64 August 4. 2020 H: Minimun Requirement #10..
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SALES
6 MARKETING
Email
Email is our main form of communication with our customers and with the implementation of Chronopitch, we will have better, more customized templates.
Develop weekly email content calendar
Increase size of the email database
Directly market to third partner email addresses with the goal of getting them to book directly on our websites Create and post on site signage to keep customers informed of offers, events and new guidelines Website
With the implementation of a Chronogolf Wordpress-based website, we will provide a fresh new look to the online user experience.
Perform complete site audits once the new websites are launched Grow average annual visits
Establish consistent website review standards for content, back links from other channels, SEO keywords, etc.
Actively promote the website on line booking engine as the preferred method of booking tee times to increase number of rounds booked on website
HOl'U alW:ltNO lattlUi(,11.1 TUt.llM.'lll\Hl\'l.'11~ WW-.JICII!. 0 0. ----12---------------------
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SALES
6 MARKETING
Target Marketing Efforts in Geographic Areas Where Local Courses Have Closed Creekside & Dryden Park can capture customers who would normally play at courses that have closed or been negatively impacted from the COVID-19 shutdown. Those courses include Modesto Municipal (Modesto, CA) French Camp (Manteca, CA), Lockeford Springs (Lodi, CA) and Diablo Grande (Patterson, CA).
Employ targeted Facebook campaigns with simple messaging to reach customers within a 30-minute drive radius of Creekside and Dryden Park and the courses that have closed Develop strategies for the customers who previously played at Modesto Municipal and Diablo Grande, specifically Earned Media & Public Relations
Creekside and Dryden Park will continue to work with local and regional media outlets to showcase the property. The focus for the new fiscal year will be to improve public perception of both courses, Dryden Park especially, so we can obtain better, more positive customer feedback.
Apply for local awards, especially those that allow customers to vote Work with freelance journalists to help brand Creekside and Dryden Park as the best courses in Modesto and surrounding areas
Distribute news releases in the local market as appropriate with property updates, starting with the announcement of Dryden Park being the new home for The First Tee
Survey Data Collection
Surveying our customers gives us the opportunity to monitor their satisfaction, communicate directly with them regarding their concerns and continue to improve based on customers' needs and wants. The two main surveys we will distribute and monitor are the daily TrueReview post-play survey and the NGF GolfSAT survey.
The TrueReview customer survey is administered as part of a thank you communication immediately following a customer's round. This survey helps us make immediate improvements to all aspects of our operations, within reason, to ensure we are providing the best possible customer experience.
Continue to track, monitor, and respond to TrueReview customer feedback General Manager will continue to respond to all requests for callbacks from customers who complete the survey and monitor NPS on a weekly basis
BrightView Golf Maintenance has access to the data and can respond to course conditions inquiries Pro shop staff will encourage golfers to take the survey post play Increase Dryden Park NPS score
The FY 2019-2020 score fell well below the KemperSports threshold of 70, while Creekside narrowly made it at
70.6. Having BrightView monitor course conditions feedback will help us better evaluate that side of the business Deploy NGF GolfSAT survey to entire database in late July/early August (tentative) All results will be shared as an appendix within this proposal for competitive market data. ----------------------13-----
70 I City of Modesto RFP No. 1920-64 August 4. 2020 H: Minimun Requirement #10..
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KEMPERSPORTS
CHANNELS
KemperSports offers each property internal and external support resources. In addition to the internal Center of Excellence and best practice sharing initiatives, KemperSports offers several business-to-consumer distribution outlets for properties under management. The primary objective of these channels is to generate more revenue, drive customer loyalty and to attract new business while keeping customers in the greater KemperSports family. KemperSports' joint marketing efforts and overarching support channels include the following:
· KemperSports.com -showcasing company and property news, career postings and high-level property details
• KemperSports social media channels - an extensive network that garners over lM impressions per year and thousands of engagements per month via daily postings on four primary platforms (Facebook, Instagram, Twitter, and Linkedin)
KemperSports media relations - In addition to press releases, our team of media experts have developed respected relationships with the premier media outlets throughout the country and are focused on highlight property success.
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BrightView
Golf Maintenance
~ I Addendum
Acknowledgement
ADDENDA ACKNOWLEDGEMENT
The proposer shall check the RFP listing on the City or PlanetBid website, periodically, and in any event, no later than the day prior to proposal opening to obtain any addenda information. The changes identified in the addenda modify this request for proposal and specifications. The addenda now become a part of this request for proposal and specifications. Signing the Proposal on the signature portion thereof, the proposer is acknowledging that the proposer has confirmed that he or she has received all addenda issued for this request for proposal and specifications, and has included costs for such in the proposal submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered non-responsive. Do not attach any of the addenda to this sheet nor include them with the proposal.
This document is only required to be returned should addenda have been issued.
The Proposal is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:
LIST ALL ADDENDA NUMBERS: No. I (7/14/20). No. 2 {7/16/20), No. 3 {7/27/20) Com an Name Pro ser: BrightView Golf Maintenance, Inc.
18 72 I City of Modesto RFP No. 1920-64 August 4, 2020
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EXHIBIT C
CITY OF
MODESTO
CALIFORNIA
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
FOR
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
THE PAYMENT OF PREY AILING WAGE IS REQUIRED
Mandatory Proposers Site Visit
To be held on
Wednesday, July 1, 2020 at 10:00 A.M.
Location:
Creekside Golf Course
701 Lincoln Ave, Modesto, CA 95354
PROPOSAL OPENING: JULY 28, 2020 at 10:00 A.M.
CITY OF MODESTO CONTACT: Kathy Crandall, Buyer
[email protected]
(209) 577-5420
E-MAIL ADDRESS:
PHONE:
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CITY OF MODESTO
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
TABLE OF CONTENTS
Page
Notice to Proposers ............................................................................................................ 3 City Contacts ...................................................................................................................... 4 Calendar of Events ............................................................................................................. 4 Offer and Acceptance ......................................................................................................... 4 Submittal Checklist ............................................................................................................ 5
REQUIRED DOCUMENT
Proposal Acknowledgement (Signature Form) ............................................................... 6 Pricing Schedule (Signature Form) ................................................................................. 9 Exceptions, Clarifications, Amendments ......................................................................... 10 References ........................................................................................................................ 11 Financial Interest Disclosure ............................................................................................ 13 Support of Local Vendors ................................................................................................ 16 Company History Statement ............................................................................................ 17 Minimum Qualifications .................................................................................................. 17 Addenda Acknowledgement Page .................................................................................. 18 Technical Specifications and Requirements
Proposal Evaluation Criteria ................................................................ ............................ 19 Background/Scope of Services ........................................................................................ 20 Background ...................................................................................................................... 21 Scope of Services ............................................................................................................. 22 Insurance ........................................................................................................................... 36 General Terms and Conditions
Proposal Submittal ........................................................................................................... 38 Acceptance/Rejection of Irregular Bids ........................................................................... 38 Complete Proposal Submittal.. ......................................................................................... 39 Compliance I Non-Compliance ........................................................................................ 39 Prevailing Wages .............................................................................................................. 39 Pricing Schedule ............................................................................................................... 40 Pricing Format .................................................................................................................. 40 Award of Proposal ............................................................................................................ 40 Evaluation Process ........................................................................................................... 39 Term of Contract .............................................................................................................. 41 Termination of Services ................................................................................................... 42 Electronic Payment .......................................................................................................... 42 Sample Agreement ........................................................................................................... 50 2 #10..
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NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk's office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals for the furnishing of Golf Course Management and Maintenance Services for the City of Modesto, Parks, Recreation & Neighborhoods.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Proposals shall be submitted on the proposal sheet and shall be downloaded from the City's Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such proposals shall include all necessary specifications. It is highly recommended all proposal documents be downloaded from the City 's website.
Each proposal shall be sealed and filed with the City Clerk's office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, July 28, 2020 at 10: 00 A.M, at which time proposals will be opened and recorded. All proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Proposals will be received only at the address shown above, and prior to the time indicated. Any proposal received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the proposer unopened.
All proposals, whether delivered by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk's time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of proposals. The City of Modesto assumes no responsibility for delay in the delivery of the proposal.
On the outside of both the proposal envelope and courier envelope, the proposer shall indicate the following :
NAME AND ADDRESS OF PROPOSER
SPECIFICATION NUMBER 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PROPOSAL OPENING DATE: JULY 28, 2020 AT 10: 00 A.M.
MAIL TO: CITY CLERK
CITY OF MODESTO
P.O. BOX642
MODESTO, CA 95353
COURIER TO: CITY CLERK
CITY OF MODESTO
1010 10TH STREET, SUITE 6600
MODESTO, CA 95354
The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal.
No proposer may withdraw his/her proposal for a period of one-hundred twenty (120) days after the date set for the opening thereof.
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CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Kathy Crandall, Buyer, via email at: [email protected] All contacts during the proposal process shall be through the Purchasing Division. Attempts by the proposer to contact department representatives may result in disqualification of the proposer from the proposal process.
CALENDAR OF EVENTS
Event
Proposal Issued
Mandatory Proposers Conference
Written Questions Due
Addendum Issued (if required)
Response Due
Proposal Award Date
Note: Award date is approximate.
Date
June 19, 2020
July 1, 2020 at 10:00 A.M.
July 8, 2020
July 14, 2020
BEFORE 10:00 A.M. on Tuesday, July 28, 2020
December 2020
Note: Deliver or mail proposals to the referenced address, only, as indicated in the Notice to proposers.
It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The proposer agrees and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a proposal. By the submission of a proposal, the proposer certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. ( a) A provider or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered Provider to submit a bid that is authorized by Section 7029 .1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Provider is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
OFFER AND ACCEPTANCE:
Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles.
Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or her designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.
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SUBMITTAL CHECKLIST
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PROPOSAL SUBMITTAL CHECKLIST
The proposer shall provide a complete proposal before 10:00 A.M. on the bid opening date. Failure to provide all the required documents may cause the proposal to be considered non-responsive.
COMPLETE PROPOSAL Page No.
Proposal Acknowledgement (Signature) ............................. ......................................................... 6 Pricing Schedule (Signature Form) ... .................... ....................................................................... 9 Exceptions, Clarifications, Amendments ..................................................................................... 10 References .......................................................................................................................... ......... 11 Financial Interest Disclosure (Signature Form) ................................................. ........................ 14 Support of Local Vendors (if applicable) ..................................................................................... 16 Company History Statement ........................................................................................................ 1 7 Minimum Qualifications (Financials, Under Separate, Sealed Cover). Please note, only 1 set of financials need be submitted with your original proposal packet( s) .................................. 1 7 Addenda Acknowledgement Page ............................................................................................... 18 5 #10..
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PROPOSAL ACKNOWLEDGEMENT
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAJNTENANCE SERVICES
The City is soliciting proposals from qualified proposers to furnish its requirements per the specifications, terms and conditions contained in the above referenced proposal number. This Proposal Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the proposal response.
Obligations assumed by such signature must be fulfilled.
1. Preparation of Proposals: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the proposal. (b) Quote price as specified in proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Proposal: If you are not submitting a proposal but want to remain on the mailing list and receive future proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the proposal. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (I) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. ( d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any proposal. (b) Proposals are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful proposer within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Proposers who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the proposer's expense.
7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the proposer in the performance of the contract or purchase order should fai l to conform to the specifications therefore or to the sample submitted by the proposer with its proposal, the City may reject the same, and it shall thereupon become the duty of the proposer to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the proposer fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the proposer. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
8. Discounts: (a) Terms of less than ten ( I 0) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City's check.
9. California Government Code Section 4552: In submitting a proposal to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.
11. Two "Inked" Signed Original Proposal Document Requested: Failure to furnish at least one " inked" signed original proposal document may result in disqualification.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing . d. t d th P . . S h d 1 ID 1ca e on e r1cm2 C e u e. Firm:
Address:
City/State/Zip:
Signature/Title/Date:
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PRICING SCHEDULE
The City is requesting a (2) part operating proposal. The following is the breakdown of the proposal:
Proposal must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the "Exception, Clarification, Amendments" section on page 10. No other form or format shall be accepted.
THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, in the reasonable discretion of the City. ** PART#A
Management and Maintenance for (2) golf courses
Annual Expenditures
Landscape Maintenance $ /Yr
Operation Manaqement $ /Yr
Marketinq Budqet $ /Yr
Vandalism $ /Yr
Arbor Care $ /Yr
Capital Improvements $ /Yr
Irrigation Repairs $ /Yr
Water Utility $ /Yr
Total for Part #A $ /Yr
Faithful Performance and Payment Bond (One-Year Cost renewed $ /Yr ----------- annually) I Company Name (Proposer):
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PART#B
Maintenance only for Muni golf course
Annual Expenditures
Field Maintenance $ /Yr
Green Waste and Litter Removal $ /Yr
Vandalism $ /Yr
Arbor Care $ /Yr
lrriQation Repairs $ /Yr
Water Utility $ /Yr
Total for Part #B $ /Yr
Faithful Performance and Payment Bond (One-Year Cost renewed $ ___________ /Yr annually)
City Business/Delivery License No. ___________ Expiration Date: ______ _ Provider License No. ________________ Expiration Date: ______ _ DIR Registration No. ---- - --------~ __ Expiration Date: ______ _ Stated pricing is subject to ('-- - % ) cash discount if invoice is paid within ___ days after acceptance of service.
THE PAYMENT OF PREVAILING WAGES IS REQUIRED.
A City Business License is not required at the time of the proposal, however, please note the License No. if proposer should already have one. (See Section 2.13 for further details) Does proposer accept the City's Epay Payment Program? Please check one: Yes No Information regarding the program is provided in Section 2.17 Payment. 8 #10..
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PRICING SCHEDULE
Labor Rate for Additional Services (Prevailing Wage) $ ______________ /Hourly Rate Any additional work outside of the scope of service specified in the proposal shat I be bi I led at the hourly rate. The contractor shall submit a quotation to the Technical Liaison for review and approval. Materials shall be at the Contractor's landed cost less any earned discounts, plus a mark-up of ____ , plus sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the City.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal A C kn ow l d t e 1gemen , i or th epncmgm . d. 1cate d h P on t e rIClll!!: . . S h d l c e u e.
Company Name (Proposer):
By (Person Submitting Proposal):
(Print)
By (Person Submitting Proposal):
(Si!mature)
Title of Person Submitting Proposal:
Business Address
(City/State/Zip):
E-Mail Address:
Telephone Number:
Fax Number:
Date:
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
List requests for proposal clarifications and exceptions below, if any, sign and submit with your proposal response. This form is not required to be returned, unless an Exception, Clarification, or Amendment ts . reques t e db ,y t e h proposer.
Item No. Reference To: Descriotion
Page No. Paragraph No.
I Company Name (Proposer):
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. RFP. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
REFERENCES
All proposers must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with the same type of services requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Proposers failing to provide references shall be deemed unacceptable.
The City may contact some or all of the references provided in order to determine the proposer's performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
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Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract
Value $
I Company Name (Proposer):
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENACE SERVICES
FINANCIAL INTEREST DISCLOSURE
REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.
FinDisclosure 12-19
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENACE SERVICES
FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant's agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person's gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.
Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
By signing this document, I agree to the information contained within.
COMP ANY NAME:
Applicable Names:
(See attached list)
APPLICANT'S NAME (SIGNATURE):
APPLICANT'S NAME/TITLE (PRINT):
DATE:
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.
DIRECTOR
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENACE SERVICES
FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: --- - - --------- - - - -
NAMES
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. RFP 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
SUPPORT OF LOCAL VENDORS
REQUEST FOR DECLARATION
of
LOCAL BUSINESS
Should the proposer that submits the lowest responsive proposal or quote and would otherwise normally qualify to receive the proposal pursuant to Sections 8-3 .203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest proposal or quote submitted by a local business that is within five percent (5%) of the lowest proposal or quote, whether or not that proposer is the second lowest proposer, may be deemed to be the lowest proposer if the local proposer agrees to reduce its proposal to match the proposal or quote of the lowest proposer in writing within five ( 5) business days after notification by City Purchasing staff, provided that said local proposer is deemed to be a responsible proposer as determined by the Purchasing Manager.
To qualify as a local proposer, the proposer must have a physical business location within the City of Modesto and a current City of Modesto business license.
This document is only required should the proposer request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
D I declare I am a local business per the above criteria Company Name:
Street Address:
Telephone Number:
SUPPORT OF LOCAL VENDORS
DECLARATION OF ELIGIBILITY
Business License Number:
Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:
Print/Type Name:
Title:
Signature:
Date:
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT MAINTEANCE SERVICES
COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFP submittal date) providing the types of services requested in this RFP.
The company history statement shall be prepared on company letterhead and provided with the proposal submittal.
MINUMUM OUALIFICA TIONS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:
Financial Stability (Provided in a sealed separate envelope):
Proposers shall submit a copy of their company's most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation ( cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor's opinion and notes to the financial statements.
A separate document shall be provided and signed under penalty of perjury by the proposer's financial officer or owner that explains the proposer's inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal, if such inability exists.
One complete set of Financial Statements shall be submitted in a sealed separate envelope filed with the ( original proposal document), marked with the following:
FINANCIAL STATEMENTS
NAME AND ADDRESS OF PROPOSER
SPECIFICATIONNO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PROPOSAL OPENING DATE: JULY 28, 2020 AT 10:00 A.M.
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ADDENDA ACKNOWLEDGEMENT
The proposer shall check the RFP listing on the City or PlanetBid website, periodically, and in any event, no later than the day prior to proposal opening to obtain any addenda information. The changes identified in the addenda modify this request for proposal and specifications. The addenda now become a part of this request for proposal and specifications. Signing the Proposal on the signature portion thereof, the proposer is acknowledging that the proposer has confirmed that he or she has received all addenda issued for this request for proposal and specifications, and has included costs for such in the proposal submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered non-responsive. Do not attach any of the addenda to this sheet nor include them with the proposal.
This document is only required to be returned should addenda have been issued.
The Proposal is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:
LIST ALL ADDENDA NUMBERS: -----------------------
I Company Name (Proposer):
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
Most of the material needed to present a comprehensive proposal can be placed into one of the sections listed. Responses should be complete and detailed. However, if relevant information needs to be presented to further support the proposer's case other appropriate sections may be added.
EVALUATION
All responsive proposals submitted will be reviewed by a City of Modesto evaluation committee. At the completion of the proposal review, finalists may be asked to provide an in-depth presentation and product demonstration in Modesto. Whether or not a presentation shall be performed is wholly within the discretion of the evaluation committee. The committee will select the proposal which best fulfills the City's requirements and represents the best value to the City of Modesto as determined by the evaluation committee. No single factor will determine the final award decision.
Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.
EVALUATION CRITERIA
1. REFERENCES
2. TECHNICAL SPECIFICATIONS
3. DETAILED BUSINESS PLANS
4. ACCOUNTING AND STAFF DELIVERABLES/REPORTS
5. QUALIFICATIONS AND CERTIFICATIONS OF PERSONNEL
6. COST
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
TECHNICAL SPECIFICATIONS AND GENERAL REQUIREMENTS
BACKGROUND/SCOPE OF SERVICES
Proposer shall describe in detail their firm, its affiliations, history, etc.
Include any additional information that will assist the City in evaluating your proposal.
1. Furnish background information about your firm, including date of founding, legal form (i.e. sole proprietorship, partnership, LLC, corporation/state or incorporation), number and location of offices, number of employees, days/hours of operation and other pertinent data. Disclose any conditions that may affect the proposer's ability to perform contractually.
2. Describe your firm's most noteworthy qualifications for providing the required services to the City. Specifically highlight those qualifications that distinguish you from your competitors.
3. Identify all lost or terminated contracts within the past three (3) years. For each contract, identify the client's line of business, describe the services your firm provided, and state the reasons for the end of your working relationship.
4. If your organization is a subsidiary or division of a parent firm, provide similar background information on the parent firm and identify any other affiliated companies. 20 #10..
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PURPOSE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
TECHNICAL SPECIFICATIONS AND GENERAL REQUIREMENTS
The City of Modesto is seeking proposals from qualified golf course operation and management firms, experienced in operation of municipally-owned golf courses to provide golf course management, operation activities and maintenance of two (2) 18-hole municipal courses: Creekside Golf Course and Dryden Park Golf Course located in Modesto, CA. The selected firm shall work closely with Parks, Recreation & Neighborhoods Director and City staff in the performance of operational activities at the facility. The existing agreements for management and maintenance of the City's golf courses expire on December 31 , 2020. It is anticipated that the successful golf management firm would begin operations on January 1, 2021.
BACKGROUND
The City of Modesto is the County seat and largest City in Stanislaus County with a population of approximately 206,000 persons. The City serves an area of 37 square miles and is located on State Route 99, which links it to other Central Valley cities, including Sacramento (82 miles north), Stockton (32 miles north), and Fresno (96 miles south). Modesto is also located adjacent to the Tuolumne River, which flows out of Yosemite National Park. The Tuolumne River Regional Park includes a parkway along the river. In combination with Dry Creek Regional Park, the City has extensive river access and excellent recreational opportunities, both regionally and locally.
The City owns and operates two (2) courses, 18-hole Dryden Park and 18-hole Creekside Golf Courses.
The two (2) courses were each designed and built in different eras, and so offer uniquely different golfing experiences.
Dryden Park Golf Course is a full length, 6,574-yard golf course built on 140 acres in the late 1950's. It appeals to golfers of all levels from beginner to expert. It has medium-size tees, average width treelined fairways and medium to large greens. The clubhouse is small, but functional with a well-stocked pro shop and restaurant that serves breakfast and lunch. There is a full service driving lighted range, practice putting greens and a practice pitching green. Dryden has an on-site well which provides water for the course. Dryden achieved 28,600 average rounds over the last three fiscal years.
Creekside Golf Course opened for play in September of 1991. It is a championship 18-hole golf course measuring approximately 6,800 yards from the blue (championship) tees, and is built on 160 acres.
Creekside has three (3) lakes, large undulating greens, large tees, narrow fairways and many sand traps.
The course appeals to all levels of golfers from beginner to expert. Two (2) holes are located in the bottom of a bluff created by Dry Creek and are adjacent to the undeveloped Dry Creek Regional Park and Trail. The remainder of the course is located above the flood plain. A well- designed clubhouse provides a full-service restaurant with banquet capabilities and a well-stocked and functional pro shop.
Creekside relies on Modesto Irrigation District (MID) canal water and City of Modesto water for the fully automated irrigation system. Creekside has averaged 48,900 rounds over the last three fiscal years. 21 #10..
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The City of Modesto 2021 Golf Course Technical Maintenance Budget Standards and Maintenance Equipment requirements for course maintenance are provided. Also included are the budgeted revenue and expenditures for the City of Modesto Golf Fund for FY 2019/20 with actuals through December 31 , 2019, a three-year historical of green fee revenues and round per course, as well as green fee rates and frequent play specials currently offered at the golf courses, see exhibits 1-4 posted as a separate attachment. Examples below;
• Exhibit 1 - Golf Fee Schedule
• Exhibit 2 - Golf Budget Detail (Page 1 - Expenditures, page 2 - Revenues • Exhibit 3 - Annual Pass Program (page 1 - Term, page 2 - Annual Pass form) • Exhibit 4 - Historical Revenue and Green Fees
1.1 SCOPE OF SERVICES
A. Prospective firms shall be required to perform all daily golf course maintenance tasks as described in this RFP. Section 1.3.
B. Management of the day-to-day Golf Pro Shop operations at Creekside Golf Course, and Dryden Golf Course including clubhouse operations, restaurants, driving range, golf cart rentals, proshop merchandise operations, sales and marketing, human resources, golf course budgets and accounting.
1. An annual business plan and operating budget, including expenditures for operations, inventory, advertising, sales and promotions, repairs and recommendations on all green fees, cart fees, annual fees, soft goods, golf equipment, etc.
2. A report on estimated staffing levels for each separate facility operation.
3. Develop a marketing strategy aimed at attracting rounds played from the local market as well as tournament play, Foot Golf play, packages, events, etc. Marketing strategy to include a written plan including performance measures and costs. Implementation to be approved by Director.
4. Hire, properly train and supervise all staff to manage, maintain and operate the facility and courses consistent with the City's general direction and goals. All staffing shall be, and remain at all times, employees of the selected management firm.
5. Provide a qualified general manager responsible for the day-to-day operations and management for both City courses, who will be available during normal business hours and as needed at large special events as requested by the City.
6. Provide a qualified golf course superintendent with a GCSAA - Golf Course Superintendents Association of America certification.
7. Access to an arborist and agronomist or firm knowledgeable in turf disease, tree care and golf course grounds.
8. Provide a Class "A" member in good standing at each of the two (2) 18-hole golf courses with either the Professional Golf Association (PGA) or the Ladies Professional Golf Association (LPGA). These individuals would be responsible for developing and/or coordinating a program of golf lessons, clinics, schools, monitoring tee times, sales of golf inventory, etc.
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1.2 9. Provide starter services including, but not limited to, assignment and management of tee times and carts, enforcing the standards of proper attire as well as collection and proper accounting of fees and charges.
10. Acquire and maintain all necessary licenses and permits including food handler and liquor sales.
11. Operator shall provide or acquire all goods and services necessary to carry out its management, operations and clubhouse maintenance responsibilities, including a tee time software system and point of sale equipment, and securing adequate golf carts for course operations.
12. Operator shall manage and pay all golf course expenditures, including any permit and management fees, and collect all revenues of any sort.
13. Ability to incorporate and promote Foot Golf and its associated expenses/revenues at Dryden Golf Course.
14. Attend Modesto City Council meetings as needed and (6) Golf Courses Committee meetings as required.
15. Prepare weekly reporting for golf course conditions to appropriate City staff.
16. Twice a year safety inspection of all courses with City staff.
17. Include annual expenditures in the following categories as part of the proposal:
• Landscape Maintenance
• Operation Management
• Marketing
• Vandalism
• Arbor Care
• Capital Improvements
• Irrigation Repairs
• Water Utility
Expenditures shall be shown in the Pricing Schedule.
18. Develop a professional working relationship with The First Tee of the Central Valley, as well as, to formulate a plan to ensure the use of Dryden Golf Course for The First Tee youth development program.
19. Contractor shall maintain any MSDS/SDS (Material Safety Data Sheets/Safety Data Sheets) as required by law. The City reserves the right to request review of these MSDS/SDS.
MAINTENANCE EQUIPMENT REQUIREMENTS
(NOTE: CRK = Creekside Golf Course DRY = Dryden)
At a minimum, the successful Contractor shall provide and maintain in good working order through the life of the contract the following list of equipment:
A. Greens: Two (2) triplex greens mowers per each course CRK and DRY (4 total) B. Triplex brush attachment (greens brush): One per each course CRK and DRY (2 total) C. Verti-cut reels: One set per each course CRK and DRY (2 total) D. Tees/Collars/Approaches: Two (2) triplex greens mowers per each course CRK and DRY (4 total)
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E. Fairways: One five-seven-unit reel mower for CRK and two (2) for DRY (3 total) F. Bunkers: One bunker machine with blade per each course CRK and DRY (2 total) G. Sprayers: One 175-gallon ride-on boom sprayer per each course CRK and DRY (2 total) H. Rough Mowers: One each 72-inch rotary trim mower per each course and one each large area mower (tow behind or dedicated ride-on unit) per each course CRK and DRY (2 total) and (2 total)
I. Surrounds Mowers: One 60-inch rotary mower per each course CRK and DRY for surrounds (2 total)
J. Top dressers: One top dresser for light top dressing per each course CRK and DRY (2 total) and one for heavy top dressing to be shared (1 total)
K. Greens aeration: One larger pull behind or two (2) smaller walk behind aerators to be shared (1 total)
L. Fairway aeration: One PTO driven fairway aerator to be shared (1 total) M. Greens rollers: One per each course CRK and DRY (2 total) N. Utility vehicles: Four (4) each per course CRK and DRY (8 total)
0. Tractor with bucket: One loader per each CRK and DRY (2 total) P. Tractor: One per each CRK and DRY (2 total)- to pull large area rough mowers Q. Bush Hog attachment for tractor native areas (1 total) R. Trailer: One for moving shared equipment (1 total)
S. Truck: One to be shared for moving equipment (1 total) T. Grinding Equipment: One for both CRK and DRY (1 total) U. Turbine blower: One each per course CRK and DRY (2 total) V. Dump Trailer: One each per course CRK and DRY (2 total) W. Sweepers: One each per course for parking lot and leaf clean-up (2 total) X. Miscellaneous: Arc welders, acetylene torches, generators, power tools, power washer, trash pumps for bunkers or irrigation leaks for each CRK and DRY.
Y. Power equipment: Weed eaters, back pack blowers, chain saws, hedge trimmers, push mower, pole saws for each CRK and DRY.
1.3 TECHNICAL MAINTENANCE SPECIFICATIONS
A. Putting Green Maintenance:
1. Mowing:
Mowing shall be done daily using triplex type greens mowers. Height of cut shall be 3/16". Frequencies and height of cut may be modified from time to time as deemed necessary by the golf course superintendent depending on time of year and the amount of play. The practice of alternating mowing patterns will be followed and clippings will be collected except following aeration.
2. Aeration:
Shall be done a minimum of two (2) times per year, using conventional hollow tine methods to relieve soil compaction, and to promote a healthier growing environment.
Holes shall be a maximum of three inches apart and a minimum of three inches deep.
Solid tining, slicing or spiking may also be done as deemed necessary by the golf course superintendent. This practice shall be carried out with the minimum of interference to play.
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3. Grain Control:
Vertical cutting shall be scheduled a minimum of four ( 4) times per year and done at 90- degree angles for full benefit. This function may be coordinated to compliment the aeration and topdressing schedules. Combing or brushing may also be done, if deemed necessary.
4. Topdressing:
Shall be done a minimum of two (2) times per year following aeration using a minimum of 1/8" of material per application. An approved topdressing material similar to the greens construction sand or United States Golf Association, (USGA) approved, shall be applied and brushed or drug into the turf. Application shall be done with an approved topdressing spreader. Excess sand shall be removed.
Spot topdressing may be applied to repair damage from ball marks or any other damage.
Light topdressings may be done in conjunction with verti-cutting.
5. Fertilization:
Types of materials and analysis shall be determined from the results of an annual soil nutrient level testing and growing conditions at the time of treatment. Under normal conditions, 0.5 to 1.2 pounds of actual nitrogen per thousand square feet may be applied per growing month. Typically, a variety of granular slow-release and liquid types of material may be utilized. Greens shall not be closed for fertilization. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of Contractor.
6. Weed Control:
Weed control shall be achieved through both pre-emergence and post-emergence chemical applications. These shall be made in a timely manner to minimize damage to golf course playability. Every effort shall be used to minimize weed infestations and Bermuda grass encroachment. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of Contractor.
7. Insect and Disease Control:
Greens shall be checked daily for signs of pest activity. Applications of pesticides shall be carried out on a curative "as needed" basis. IPM (Integrated Pest Management) program shall govern rates and timing of applications. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of Contractor.
8. Over Seeding:
Certified bent grass shall be uniformly seeded a minimum of two (2) times per year during the aeration/topdressing process. Light vertical mowing may be done prior to seeding, and covered with light topdressing. Mowing heights shall be set at slightly higher cuts for the initial growth period.
9. Watering:
The greens shall be watered as necessary to keep the grass in optimal growing condition.
At least 80% of E.T. (Evapo-transpiration) shall be used as a watering rate. Irrigation should produce greens that are evenly wet over the total green. Hand watering may be necessary.
10. Additional Green Requirements:
a. Any damage done to greens by any source shall be repaired within 24 hours. 25 #10..
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b. Ball marks shall be repaired prior to mowing.
c. Damaged cups shall be replaced as soon as possible.
B. Tee and Collar Maintenance:
1. Mowing:
Mowing shall be three (3) complete cycles per week with triplex type greens mowers, less often during climatic periods of reduced growth. Height of cut shall be 5/8" but may be modified from time to time as deemed necessary by the golf course superintendent depending on time of year and the amount of play. The width of the collar should be no greater than three (3) feet.
2. Aeration:
Shall be done a minimum of two (2) times per year, using conventional hollow tine methods to relieve soil compaction, and to promote a healthier growing environment.
Holes shall be a maximum of three (3) inches apart and a minimum of three (3) inches deep. Plugs shall be chopped and returned to the playing surface. This practice shall be carried out with the minimum of interference to play.
3. Thatch Control:
Vertical cutting shall be scheduled a minimum of two (2) times per year and done at 90- degree angles for full benefit. This function may be coordinated to compliment the aeration and topdressing schedules. Combing or brushing may also be done.
4. Topdressing:
Shall be done a minimum of 2 (two) times per year following aeration using a minimum of 1/4" of material per application. An approved topdressing material, similar to the tee construction sand or USGA approved, shall be applied and brushed or drug into the turf.
Application shall be done with an approved topdressing spreader. Spot topdressing may be applied to repair divot damage.
5. Fertilization:
Types of material and analysis shall be determined from results of annual soil nutrient level testing and growing conditions at the time of treatment. Under normal conditions,
0.25 to 0.75 pounds of actual nitrogen per thousand square feet may be applied per growing month. Typically, combinations of granular slow release and liquid type of materials may be utilized. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the Contractor.
6. Weed Control:
Weed control shall be achieved through both pre-emergence and post-emergence chemical applications. These shall be made in a timely manner to minimize damage to golf course playability. Every effort shall be used to minimize weed infestations. Spot treatments with a contact herbicide shall be performed as needed. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the Contractor.
7. Insect and Disease Control:
Tees and collars shall be checked daily for signs of pest activity. Applications of pesticides shall be carried out on a curative "as needed" basis. 1PM program shall govern rates and timing of applications. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the Contractor. 26 #10..
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8. Litter Control:
Policing shall be done on a daily basis for the removal of all litter (i.e.: paper, leaves, cans, bottles, tree branches, etc.).
9. Over Seeding:
a. Tees shall be over seeded two (2) times per year during the aeration process using Perennial Ryegrass at a standard rate. Mowing heights shall be set at higher cuts for the initial growth period.
b. All divots on tees shall be filled with a topdressing/seed mixture weekly or as needed.
10. Watering:
The tees and collars shall be watered as necessary to keep the grass in optimal growing condition. At least 80% of E.T. shall be used as a watering rate. Hand watering, sprinkler adjustment/addition may be necessary.
C. Fairway, Driving Range and Rough Maintenance:
Mowing:
• Fairways shall be mowed three (3) times per week at a height of 3/4". • Driving range shall be mowed one (1) time per week at a height of 3/4". • The first cut of rough (12 feet out from fairway cut) shall be mowed one (1) time per week at a height of 1-1/2".
• All other rough shall be mowed one ( 1) time per week at a height of 2-1 /2". • Additional resources may need to be used after inclement weather to keep grass at an acceptable height.
D. Aeration/Vertical Mowing:
Aeration shall be done two (2) times per year, or more often if needed using 5/8" tines penetrating to a depth of at least 3". Spot aeration may be done to relieve compaction.
Vertical mowing is not required except in extraordinary circumstances for disease control or to reduce thatch from stoloniferous weed grasses. This practice shall be carried out with minimal interference to course play.
E. Fertilization:
Types of material and analysis shall be determined from results of the annual soil nutrient level testing and growing conditions at the time of treatment. Under normal conditions, 125- 250 pounds of actual nitrogen per acre, per growing season, may be applied annually.
F. Weed Control:
Weed control shall be achieved through both pre-emergence and post-emergence chemical applications. These shall be made in a timely manner to minimize damage to golf course playability. Every effort shall be used to minimize weed infestations. Spot treatments with a contact herbicide shall be performed as needed. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the Contractor.
G. Insect and Disease Control:
Fairways, driving range and roughs shall be checked daily for signs of pest activity.
Applications of pesticides shall be carried out on a curative "as needed" basis. 1PM program shall govern rates and timing of applications. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the Contractor.
H. Turf Maintenance on Fairways, Driving Range and Roughs:
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Bare spots shall be seeded or sodded, whichever is most appropriate, a minimum of weekly to ensure there are no bare areas on the course.
I. Litter Control:
Policing shall be done on a daily basis for the removal of all litter (i.e.: paper, leaves, cans, bottles, tree branches, etc.).
J. Watering:
The fairways, driving range and roughs shall be watered as necessary to keep the grass in optimal growing condition. At least 80% of E.T. shall be used as a watering rate. Hand watering, sprinkler adjustment/addition may be necessary.
1.3.1 MAINTENANCE RELATED TO ON COURSE PLAY (Non-Horticultural):
A. Cups:
Cups shall be changed every day the greens are mowed. During this operation, inspection of the putting surface shall be made, and any ball marks or other damage shall be repaired. The practice green cups shall be changed 2-3 times per week.
B. Teeing Ground:
Tee markers shall be moved as often as the cups are set on the greens. Litter containers shall be emptied daily. Tee-towels shall be changed weekly or as needed. Ball washers shall be checked daily and filled at least twice a week or as needed.
C. Miscellaneous Requirements:
1. Superintendent shall have the responsibility to mark temporary hazards, out of bound areas, and other course conditions as they occur or are required by tournament play.
2. Contractor shall be responsible for the maintenance of all tee markers, cups, flags, ball washers, trap rakes, yardage signs and benches on the course, including the tee markers, cups, flags, and covers associated with Foot Golf. Maintenance shall include repairing, painting, replacing and otherwise keeping these amenities in a good condition that is conducive to player enjoyment of and respect for the course. Repairs shall be done whenever function or appearance is hampered.
3. Policing shall be done on a daily basis for the removal of all litter (i.e.: paper, leaves, cans, bottles, tree branches, etc.). Additional litter pick-ups may be necessary after special events.
4. Golf course restrooms shall be maintained a minimum of two (2) times per day and more often during heavy use. Restrooms shall be cleaned, supplied with adequate paper and free from unpleasant odors.
5. Graffiti shall be removed within five (5) days after discovery.
6. Surfaces shall be kept clean at all times; sweeping, cleaning or washing of surfaces shall be done as often as necessary to keep a pleasant appearance.
7. Inspect, repair and replace minor damage to fencing weekly.
8. Cart paths shall be maintained in a smooth condition. Repair promptly and remove standing water when discovered.
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1.3.2 SAND BUNKER MAINTENANCE:
A. Raking:
Raking shall be accomplished in its entirety five (5) days per week to maintain a semi-soft, dry condition of the desired smoothness. Checking and spot raking shall be done daily.
B. Edging:
Edging shall be every three (3) months or more frequently if required during the growing season. Care shall be taken to maintain the design outline of the bunkers to ensure the integrity of the bunker shape.
C. Weed Control:
Weed control shall be accomplished by manual removal, as required. Spot treatments with contact herbicides shall be done as needed.
D. Sand Depth:
Bunkers shall be randomly checked monthly for depth of sand, and shall be maintained no less than six (6) inches deep on slopes and eight (8) inches deep in the bottoms. Additional sand shall be added where needed. (This requirement is based on adequate levels of sand at contract inception).
E. Litter Control:
Policing shall be done on a daily basis for the removal of all litter (i.e.: paper, leaves, cans, bottles, tree branches, pine cones, etc.).
1.3.3 TREES, SHRUB/OTHER LANDSCAPING MAINTENANCE:
(CLUBHOUSE/GOLF COURSE/PARKING LOT)
A. Tree Pruning:
Height limitation for tree pruning included within the scope of this agreement is fifteen (15) feet above the ground. Low hanging branches that present a hazard to golf carts or to the golfer shall be removed where practical.
Trees are to be low pruned one (1) time per year in the winter months with the exception of safety related pruning which will be performed as required. Removal of dead wood, debris and unwanted growth may be removed at this time. Low pruning shall be done to maintain a six (6) foot clearance from ground level up.
Stakes and ties are to be inspected monthly for correct installation and placement. When trees are stable enough and have developed caliper to stand alone, stakes and ties shall be removed. Trees staked (without ties) for protection from golfer damage may remain staked an additional period of time.
B. Tree Basins:
A cleared circle 2-4 feet in diameter shall be chemically maintained at the base of trees to reduce competition for nutrients by lawns and ground covers, and to prevent damage from landscape equipment. Stakes or guy wires shall be treated in the same manner as the base of trees described above.
C. Shrub and Flower Care:
Trim shrubs to maintain a natural shape as a continuous operation, but not when the plant is in flower. It is not a recommended horticultural practice to shear shrubs. Shrub and flower beds shall be kept weed free by the use of pre-emergent, selective herbicides, mulch, and manual weeding.
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Spent flowers, leaves, and other landscape debris shall be removed from plant areas daily, or as required.
D. Pest Control:
Frequent inspections of all trees and shrubs shall be done. When insect or disease organisms are detected, they shall be brought to the attention of the City Representative to discuss appropriate control measures.
E. Ground Cover Care:
Edge or prune groundcovers as needed to keep from spreading over walks, curbs, or up walls.
Pruning to maintain a natural shape shall be a continuous operation.
Keep weed-free at all seasons of the year by the use of pre-emergent, selective herbicides, and manual weeding.
F. Turf Care:
The mowing of all turf areas shall be no less than once a week. Fertilizer shall be applied at the rate of 4-6 pounds of actual nitrogen per thousand square feet per year, or as needed to maintain health and color.
The edging of all walks and other paved areas shall be performed monthly during the active growmg season.
G. Litter and Weed Control:
Paper, grass clippings, cans, and branches shall be removed from the landscape on a daily basis. All parking areas and/or walkways shall be kept clear of debris generated from the maintenance operation.
Weeds in curbs and paved walk joints immediately adjacent to landscaped areas shall be removed weekly.
H. Water and Fertilizer:
Trees, shrubs, ground cover flowers and all other landscape plants shall be watered and fertilized as necessary to provide optimum health.
I. Contractor shall be responsible for course parking lot stripe painting, curb painting as well as parking lot signage.
1.3.4 IRRIGATION SYSTEM:
A. Scheduling:
Watering shall be scheduled by the golf superintendent in quantities and frequencies consistent with seasonal requirements, and shall be done at night so as not to interfere with golf play.
B. Inspection:
Irrigation coverage shall be reviewed daily. The Contractor shall be responsible for monitoring water consumption to insure adequate, but not excessive, water usage.
C. Damage:
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Any damages to system caused by the Contractor's equipment or carelessness while carrying out maintenance operations shall be repaired without charge to City. Where practical, repairs shall be made within one (1) watering period.
Vandalism, excessive damage caused by others, or faulty controllers shall be reported promptly (within 48 hours) to City Representative. Damage is any damage that caused a piece of equipment to be inoperable.
1.3.5 POTABLE WATER AND SEWER SYSTEM:
Contractor's responsibility for the potable water system and sewer system shall only be that of minor repairs and maintenance e.g. minor leaks of water faucets and/or minor clogs in surface drains. Items requiring outside service or expertise shall be the City's responsibility.
If an emergency situation occurs requiring contractor to assume costs outside their responsibility noted herein, contractor must notify the City immediately of the emergency and any resulting costs incurred by the contractor will be reimbursed by the City.
1.3.6 LAKE WATER AND AQUATIC WEED MANAGEMENT:
Lakes and waterways shall be treated for weed and algae infestation by a combination of aquatic herbicides and water colorants allowed under current and future Environmental Laws. Treatments may be applied by Contractor, licensed sub-contractor, or a combination thereof. Physical removal may be necessary to keep lakes aesthetically pleasing.
The term "Environmental Laws" shall mean all current and future federal, state and local statutes, regulations, ordinances, and rules relating to (1) the emission, discharge, release, or threatened release of a Hazardous Material into the air, surface water, groundwater, or land, (ii) the manufacturing, processing use, generation, treatment, storage, disposal, transportation, handling, removal, remediation, or investigation of a Hazardous Material; or (iii) the protection of human health, safety, or the indoor or outdoor environment, including, without limitation, the Clean Air Act, the Federal Water Pollution Control Act, the Resource Conversation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Occupational Safety and Health Act, all amendments thereto, all regulations promulgated thereunder, and their state or local statutory and regulatory counterparts.
1.3.7 CLUBHOUSE GROUNDS AND LANDSCAPE MAINTENANCE:
A. Turf Care:
The mowing of all turf areas shall be one ( 1) cycle per week. Fertilizer shall be applied at the rate of up to five ( 5) pounds of actual nitrogen per thousand square feet per growing season to maintain health and color.
B. Ground Cover Care:
Edge or prune groundcovers as needed to keep from spreading over walks, curbs, or up walls.
Pruning to maintain shape shall be a continuous operation.
Keep weed-free all seasons of the year by the use of pre-emergent, selective herbicides, and manual weeding.
C. Shrub Care:
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Trim to maintain a natural shape as a continuous operation, but not when the plant is in flower. It is not a recommended horticultural practice to shear shrubs. Shrub beds shall be kept weed free by the use of pre-emergent, selective herbicides, mulch, and manual feeding. 32 #10..
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D. Annual Flowers:
The Contractor shall provide annual flowers for the existing flower beds at the clubhouse.
Spent flowers, leaves, and other landscape debris shall be removed from plant areas daily, or as required.
1.3.8 MISCELLANEOUS:
A. Weekend and Holiday Schedule:
Greens mowing and course set-up shall be done.
B. Practice Range:
Move tee markers daily, fill divots with sand/mix, police area, and remove litter.
C. Materials:
All maintenance materials unless otherwise specified shall be supplied by Contractor, and shall conform to specifications. These supplies, materials, and equipment shall include, but not be limited to:
All equipment necessary or appropriate for the performance of services under the Agreement, together with all necessary gas, oil, and spare parts for all equipment used by Contractor shall be contractor's responsibility.
All necessary top dressing, seed, fertilizers, fungicides, insecticides, and herbicides shall be Contractor's responsibility.
Tee-towels, soap, putting green cups and flags, bunker rakes, tee markers, trash receptacles, and other similar golf course equipment.
Foot Golf tee markers, cups, flags and covers as needed.
Contractor shall provide sand for bunkers to maintain the minimum required depth.
The Contractor shall be responsible for monitoring water consumption to ensure adequate, but not excessive, water use.
D. Accessories:
Direction signs, ropes (permanent and temporary), stakes, out of bounds (OB), and hazard stakes shall be maintained on a daily basis. Directional signs, putting green cups, pins, ball washer brushes, cleat brushes, and tee markers (that cannot be refurbished or repaired) shall be replaced no more than once per year without extra cost. Foot Golf tee markers, cups, flags and covers shall be replaced no more than once per year without extra cost. Silk screened flags may be replaced two (2) times per year without extra cost. Additional City requested custom accessories not listed above shall be an extra cost, and shall be paid for by the City upon authorization of the Parks, Recreation and Neighborhoods Director.
E. Burrowing Animals, and Insect and Disease Control:
Contractor shall take appropriate action to minimize the effects of burrowing animals, and insect and disease infestations.
F. Mulched Areas:
Mulched areas shall be edged and kept free of litter (similar to rough area). 33 #10..
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G. Recycling:
Contractor shall comply with all existing and future State and Federal laws, as well as, any City of Modesto ordinances or regulations.
1.3.9 MUNICIPAL GOLF COURSE MAINTENANCE SERVICES
On January 14, 2020, the City of Modesto Council, pursuant to resolution 2020-25, passed a motion directing staff to permanently close the Municipal Golf Course (Muni). Effective January 1, 2021 or sooner, Muni Golf Course will be closed and maintained as a park like area. This directive will stay in place until such a time as an alternate use is determined. Items marked below with an asterisk(*) are to be paid for by the City. The City requests that the cost for the maintenance work at Muni be included in Part B of the Pricing Schedule.
A. Technical Maintenance Specifications:
1. Field mows all grounds to a height of three (3) inches, every two (2) weeks.
2. Fertilize each spring and fall seasons as appropriate.
3. Affect the removal of all downed trees and large branches. "Large" being defined as more than four (4) inches in diameter and ten (10) feet in length. *
4. Maintain rodent control.
5. Irrigation - irrigate to maintain turf. Monitor to ensure healthy growing conditions.
6. Sprinkler and sprinkler line repair up to $250/occurrence. Any occurrence with repair totaling above $250 will be paid for by the City.
7. Well pump maintenance. *
8. Weed control: broad leaf for turf, once per year.
9. Remove all debris and litter from grounds at each site visit.
10. Dispose of all green waste and grass clippings.
11 . Aerification: Aerify once per year.
12. Insect and turf disease control.
13. Parking lot cleanup at each site visit (twice per month).
14. Edging: Weed eating around trees and concrete walkways once per month.
15. Tagging: Remove minor tagging, (minor tagging consists of one square foot or less) report large amounts to Parks, Recreation & Neighborhoods representative.
16. Report all vandalism to Parks, Recreation & Neighborhoods department.
B. Termination:
The City may terminate the agreement for maintenance of Muni for convenience, in its sole discretion, upon the sale of the Muni property or in the event of non-appropriation of funds, 34 #10..
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and by providing at least sixty ( 60) days advance written notice to contractor.
1.3.10 ITEMS NOT INCLUDED:
A. Acts of God Damage:
Damage to the golf course as a result of acts of God may include, but are not necessarily limited to removing blown-over trees, broken limbs, and stumps; removing silt or debris deposited by floods; damage from freezing, hurricanes or other unusual occurrences shall be handled on an individual basis as a pre-approved extra cost. Maintenance staff shall make every effort to repair damage, and restore and clean the golf course within the framework of the Agreement, without extra cost.
Specialized equipment, Arborist, and additional labor requested by City shall require a preapproved extra cost.
B. Irrigation System:
All irrigation system costs exceeding $35,000.00 per year in total shall be an extra cost, and may be contracted by the Contractor with the written approval of the City.
C. Tree, Shrub, and Flower Replacement:
The loss of trees, shrubs, or flowers not caused by the Contractor may be replaced as an extra charge. It shall be the responsibility of Contractor to bring such needs to the City Representative's attention.
D. Arborist Work:
Major tree pruning or other Arborist related work shall be an extra cost item requiring prior approval by the City Representative. It shall be the responsibility of Contractor to provide estimates for needed work to the City Representative's attention.
E. Capital Improvements:
Work performed over and above the normal maintenance provided in the Agreement, such as excessive earth moving, reconstruction of a golf hole, tee, or green construction or reconstruction, brush clearing, and installation of French drains, including materials for the aforementioned work, shall be an extra cost item requiring prior approval by the City Representative. A Capital Improvement Plan to be developed and presented to City annually for approval.
F. Bunker Sand:
Removal of bunker sand and replacing with new sand shall be an extra cost item requiring prior approval by the City Representative.
G. Golf Accessories:
Installation or replacement of putting green cups and flags, bunker rakes, tee markers, trash receptacles, ball washers, cleat brushes, benches, and other similar golf course equipment over and above the specified annual replacement shall be an extra cost item requiring prior approval by the City Representative. Any major accessory that has been stolen, damaged, or vandalized shall be replaced, repaired, and/or re-installed as an extra charge. It is the responsibility of the Contractor to bring to the City Representative's attention any such needs.
H. Landscaped Areas:
The installation of additional trees, shrubs, vines, and ground cover shall be an extra cost item requiring prior approval by the City Representative. Deep feeding of trees requiring 35 #10..
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supplemental fertilization for growth and development shall require prior approval by the City Representative. Class one fine pruning of trees over fifteen (15) feet from the ground shall be an extra cost item requiring prior approval by the City Representative.
1.3.11 CITY REPRESENTATIVE:
1.4 All Services provided under any resulting contract shall be under the general technical guidance and direction of the City of Modesto, Parks, Recreation & Neighborhoods Department. The Parks, Recreation & Neighborhoods Department is not authorized to commit the City to change in specifications, requirements, scope of work, or changes in pricing. Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Parks, Recreation & Neighborhoods Department.
REQUIRED LICENSES
Prior to beginning any service that shall be furnished under this specification, the proposer shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.
If the proposer is furnishing any labor or service including installation or maintenance, the proposer shall possess the appropriate California Contractor's license(s) at the time the proposal is submitted. A contract shall not be awarded to a proposer that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.
1.5 INSURANCE
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1 ,000,000.
B. General Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
C. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
D. Professional Liability - insurance with a minimum limit of $1 ,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work. 36 #10..
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If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.
For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
PROPOSER CONFERENCE
A mandatory proposer conference is scheduled for Wednesday, July 1, 2020 beginning at 10:00A.M.
Location as follows: Creekside Golf Course
701 Lincoln Ave, Modesto, CA 95354
Persons attending the proposer conference assume all risks of damage or loss to person and property and specifically release the City of Modesto from liability therefore.
In light of the current situation, City staff is requesting each company limit the number of participants to one in order to provide room for all potential proposers. Additionally, City staff will not be responding to questions during the site visits. In an effort to make sure everyone has the same information, we ask attendees to note any questions they may have and submit them in writing to Kathy Crandall at [email protected] after the site visit has concluded.
Due to the social distancing constraints, attendees will be required to wear Personal Protective Equipment (PPE) to include, at a minimum, face masks and are to provide their own PPE. 37 #10..
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF MAINTENANCE PROPOSAL AND SPECIFICATIONS NO. RFP 1920-64
GENERAL REQUIREMENTS
2.1 PROPOSAL SUBMITTAL
Proposer should submit two "inked" (preferably blue ink) signed original proposal documents, plus five (5) copies of the signed original proposal document and One (1) electronic copy submitted via USB. The original proposal document shall be clearly marked. Photocopies do not constitute an original proposal document.
FAILURE TO FURNISH AT LEAST ONE "INKED" SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.
It is the responsibility of the proposers to identify information in their proposal responses that they consider confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
All costs associated with the preparation of this proposal shall be borne by the proposer.
All exceptions taken to these specifications shall be specifically and clearly identified on the Exceptions, Clarifications, and Amendments Form. Failure to comply with this provision is grounds for proposal rejection.
Exceptions taken shall not affect the overall performance and quality of the services required by the City. The Purchasing Manager or her designated agent shall make the final decision regarding the acceptability of the services with exceptions.
Proposal shall be made in the format specified below. All requested exhibits shall be submitted with the completed Proposal and in the designated format. No oral, telegraph, telephone, facsimile or electronic proposals will be accepted. Failure to comply with all requirements may result in proposal rejection.
2.1.1 PROPOSAL PREPARATION
Proposal shall be submitted in a three-ring binder with section tabs (A through Z as needed) with responses in the order described below. In those instances where specific questions are asked, each question shal.l be repeated in the proposal with the response following the question.
Extraneous or marketing information shall not be included.
If a service requirement cannot be met, Proposer shall indicate "No Proposal" in the relevant section of the proposal. In this case, proposer may offer an alternative equivalent service.
2.1.2 ACCEPT AN CE/REJECTION OF IRREGULAR PROPOSALS
A contract shall be awarded to the proposer whose proposal most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal. 38 #10..
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2.1.3 COMPLETE PROPOSAL SUBMITTAL
The following documents constitute the makeup of a complete proposal submittal:
• Proposal Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Exceptions, Clarifications, Amendments
• References
• Financial Interest Disclosure (Signature Form)
• Support of Local Vendor (if applicable)
• Company History Statement
• Minimum Qualifications (Financials)
Failure to furnish any of these documents may result in disqualification.
2.1.4 PROPOSAL PREPARATION
Proposals shall be prepared in the order listed in Section 2.1.3 Complete Proposal Submittal.
Proposals should be tabbed with dividers. Tabbed dividers shall be clearly marked indicating the appropriate document.
2.2 COMPLIANCE
Proposers are required to sign the "Pricing Schedule, Financial Interest Disclosure Form and Proposal Acknowledgement Forms" of this proposal document, thereby acknowledging they are in full compliance with all requirements ofRFP No. 1920-64, and any addendum to such proposal. Failure to comply may result in disqualification.
The proposer guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.
2.3 NON-COMPLIANCE
If you cannot comply with a specification requirement, note as an addendum on the Exceptions, Clarifications, Amendments Form specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the proposer is not in compliance with the specification, the proposal may be rejected.
2.4 PREVAILING WAGES
The payment of prevailing wages is required for maintenance under this contract and all provisions of Section 7. 04 of the General Provisions contained within the City standards shall apply.
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2.5 PRICING SCHEDULE
Proposers shall use the Pricing Schedule Form to present their proposed pricing. No other form or format shall be accepted.
2.6 PRICING FORMAT
All labor, initial background checks, drug-screening, licenses and insurance necessary to perform the services shall be included in the proposed pricing.
Unless otherwise stated, the proposer agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
2. 7 A WARD OF PROPOSAL
Proposals shall be evaluated by a committee and will be ranked in accordance with the RFP section entitled "Evaluation Criteria."
The committee shall recommend award to the proposer who, in its opinion, has submitted a proposal that best serves the overall interests of the City, and attains the highest overall point score.
Award may not necessarily be made to the proposer with the lowest price.
The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.
The City reserves the right to select that proposal, which best suits the City's needs. Regardless of City staffs recommendation, the City Council reserves the right to award a contract to the proposer that best suits the City's needs as determined by the City Council whether or not said award is consistent with City staffs recommendation for award.
2.8 EVALUATION PROCESS
Proposals shall be evaluated using a three (3) step process:
Level 1 - Minimum Qualifications Review: The City shall perform an initial responsiveness review to determine compliance and shall notify disqualified Proposers. Proposers that do not meet the "Minimum Qualifications" requirements shall be deemed non-responsive and/or/nonresponsible to this RFP and will receive no further consideration.
Level 2 - Proposal Content and Cost Ratings: Proposals that meet Level 1 Minimum Qualifications Review shall be evaluated based on the evaluation criteria "Proposal Evaluation Criteria". Proposer submittals shall be evaluated and scored. Proposer cost information shall be evaluated as part of Level 2 evaluation process.
Level 3 - Short List (Oral Presentations): At the sole discretion of the Evaluation Committee, a "short list" of proposers may be developed of the highest rated written submissions, based on Level 1 and Level 2 rankings. If the Evaluation Committee chooses, these proposers would be invited to give presentations. Final scoring of "short list" proposals shall be completed upon the conclusion of presentations.
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2.9 TERM OF CONTRACT
The term of the contract shall be for a period of three (3) three years with two (2) two-year extensions options at the sole discretion of City, for a total of up to number (7) years.
A. Pricing shall remain firm for the first three (3) years of any contract, which may be awarded pursuant to this RFP.
B. Price increases for subsequent contract four, five, six and seven, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
2.10 QUANTITIES
The successful proposer shall be required to provide whatever quantities may be required during the contract term. No minimum or maximum is guaranteed or implied.
2.11 FUNDING
All annual extensions are based upon continuous funding for that purpose by the City Council.
Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.
2.12 INSPECTION AND ACCEPTANCE
Whenever the product or service provided by the supplier has been delivered to the delivery point, the designated agent shall make the final inspection and acceptance.
If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.
2.13 CITY BUSINESS LICENSE
Prior to beginning any service, that shall be furnished under this specification and proposal, the Proposer shall secure the appropriate Business license from the City of Modesto. Business license information may be obtained by calling (209) 577-5389.
2.14 SUPPORT OF LOCAL VENDORS
Should the proposer that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that proposer is the second lowest proposer, may be deemed to be the lowest proposer if the local proposer agrees to reduce its bid to match the bid or quote of the lowest proposer in writing within five (5) business days after notification by City Purchasing staff, provided that 41 #10..
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said local proposer is deemed to be a responsible proposer as determined by the Purchasing Manager.
To qualify as a local proposer, the proposer must have a physical business location within the City of Modesto and a current City of Modesto business license.
2.15 TERMINATION OF SERVICES
The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after·reviewing the incident(s) of failure to perform.
The City reserves the right to review the service providers' performance at any time with or without the knowledge or consent of the provider.
The City may terminate the agreement at any time with or without cause.
2.16 PAYMENT
• Paper Payment Method:
All invoices shall be paid in full within thirty (30) days after completion and acceptance of the goods/services.
2.17 ELECTRONIC PAYMENT
Electronic Payment Method:
The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information is issued to the supplier's designated Accounts Receivable contact by email remittance advice at time of payment.
During the evaluation process preference may be shown to proposers that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City's Epay Program.
Invoice to:
Email to:
City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
2.18 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
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2.19 NON-DISCRIMINATION
A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et ~ and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
2.20 NON-DISCRIMINATION OF THE HANDICAPPED
CERTIFICATION OF PROPOSER REGARDING NON-DISCRIMINATION OF THE
HANDICAPPED
By executing this agreement, the proposer hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.
2.21 DRUG FREE WORKPLACE
Proposer/Contractor certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter
5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
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2.22 HOLD HARMLESS AGREEMENT
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CONTRACTOR, whether or not the act or omission arises from the sole negligence or other liability of CITY, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under the Agreement.
2.23 ASSIGNMENT OF RIGHTS
CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
2.24 CITY PROCESS/PROCEDURE APPROVALS
CITY approval of any process or procedure shall not relieve the proposer of his/her responsibility to furnish the required items and service meeting all specifications contained herein.
2.25 PROPOSAL/SELLER REPRESENTATION
The proposer/seller represents that:
A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.
B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.
C. He/She will complete the work for the compensation stated above.
D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.
E. In addition thereto, the proposer/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order issued within the time specified in it.
F. Anything mentioned in the specifications and not in the Purchase Order, or mentioned in the Purchase Order and not mentioned in the specifications, shall be of like effect as if shown or 44 #10..
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mentioned in both. In case of difference between the specifications and the Purchase Order, the Purchase Order shall govern.
2.26 FAIL URE TO PERFORM SATISFACTORY
It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of contract between said CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.
2.27 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES
If CONTRACTOR damages any property belonging to the CITY, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.
2.28 LABOR FORCE AND SUPERVISION
CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed. CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.
2.29 PROTEST AND APPEAL PROCEDURES
Potential offerors, proposers, contractors, and subcontractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk's office of the City of Modesto.
"Interested Party" means an actual or prospective proposer or offeror, or any contractor or subcontractor identified by name in any bid or proposal. "Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
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"Announced Decision" includes the term "Notice of Intent to Award Letter". Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.
Procurements valued at $50,000 or less normally will not have an Announced Decision.
A. PROTESTPROCEDURES
1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.
2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
All protests shall either be delivered to:
Or mailed to:
City Clerk's Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
City Clerk's Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)
1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the 46 #10..
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2. protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.
Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager( s) no later than ten ( 10) days after the date of the Purchasing Manager's Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written record of the protest review by the Purchasing Manager.
A written record of the Deputy City Manager's review shall be created and maintained.
The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.
All protest appeals shall either be delivered to:
Or mailed to:
City Clerk's Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
City Clerk's Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.
The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.
All protests shall either be delivered to:
City Clerk's Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
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Or mailed to:
City Clerk's Office
Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1 ,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor's failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.
D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS
1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration 48 #10..
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(FTA) shall comply with FTA Circular 4220.IE and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.
2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit proposer or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.
2.30 SAMPLE AGREEMENT
Please review the Sample Annual Agreement. This Agreement may be modified and subject to change.
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SAMPLE AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this __ day of ____ , 2020, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called PROVIDER, W I TN E S S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2020-_ _ authorizing the award of proposal and contract for the furnishing of Golf Course Management and Maintenance Services attached hereto as Exhibit "A " and made a part hereof, and WHEREAS, the PROVIDER provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit "B " and made a part hereof, and WHEREAS, the CITY and PROVIDER shall enter into an agreement for the furnishing of, as described in RFP No. 1920- 64, Golf Course Management and Maintenance Services, attached hereto as Exhibit "C" and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK.
a. PROVIDER shall furnish Golf Course Management and Maintenance Services insofar as such scope of services are specified in Exhibit "B", and in strict accordance with the conditions of the complete Contract.
b. PROVIDER shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. PROVIDER shall furnish said services at the following contracted rates, not to exceed $ _ _______ annually:
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PRICING SCHEDULE
THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. ** PART#A
Management and Maintenance for (2) golf courses
Annual Expenditures
Landscape Maintenance $ /Yr
Operation Management $ /Yr
Marketing Budget $ /Yr
Vandalism $ /Yr
Arbor Care $ /Yr
Capital Improvements $ /Yr
Irrigation Repairs ·~ $ /Yr
Water Utility $ /Yr
"' Total for Part #A $ /Yr
I
Faithful Performance and Payment Bond (One-Year Cost renewed $ ___________ /Yr annually)
I Company Name (Proposer):
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PART#B
Maintenance only for Muni golf course
Annual Expenditures
Field Maintenance $ /Yr
Green Waste and Litter Removal $ /Yr
Vandalism $ /Yr
Arbor Care $ /Yr
lrriqation Repairs $ /Yr
Water Utility $ ,, /Yr
Total for Part #B $ ,, /Yr
'
Faithful Performance and Payment Bond (One-Year Cost renewed $ ___________ /Yr annually)
City Business/Delivery License No. ___________ Expiration Date: ______ _ Provider License No. -----=--------------Expiration Date: ______ _ DIR Registration No. ________________ Expiration Date: ______ _ Stated pricing is subject to (.._ __ % ) cash discount if invoice is paid within ___ days after acceptance of service.
THE PAYMENT OF PREVAILING WAGES IS REQUIRED.
A City Business License is not required at the time of the proposal, however, please note the License No. if proposer should already have one. (See Section 2.13 for further details) Does proposer accept the City's Epay Payment Program? Please check one: Yes No Information regarding the program is provided in Section 2.16 Payment. 52 #10..
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REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 1920-64
GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES
PRICING SCHEDULE
Labor Rate for Additional Services (Prevailing Wage) $ ______________ /Hourly Rate Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The contractor shall submit a quotation to the Technical Liaison for review and approval. Materials shall be at the Contractor's landed cost less any earned discounts, plus a mark-up of ____ , plus sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the City.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal A C kn ow I e d t 1gemen , t or th e pncmg m . d. 1ca t d e on th e P ncmg . . S c e u h d 1 e.
Company Name (Proposer): .. , '•,
\ ~.
By (Person Submitting Proposal):
(Print) - ',,
- ' =
By (Person Submitting Proposal):
(Signature)
'
Title of Person Submitting Proposal:
Business Address
(City/State/Zip): I
E-Mail Address: - Telephone Number:
I
Fax Number: ' ~
Date:
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2. CITY REPRESENTATIVE:
Contract Administrator is:
Kathy Crandall, Buyer Ph: (209) 577-5420
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.
3. TERM OF CONTRACT:
The term of the contract shall be for a period of five (3) years, with two (2) two-year extension options at the sole discretion of CITY, for a total of up to seven (7) years.
Year 1:
Year 2:
Year 3:
Year 4:
Year 5:
Year 6:
Year 7:
January 1, 2021 through December 31 , 2021
January 1, 2022 through December 31 , 2022
January 1, 2023 through December 31 , 2023
January 1, 2024 through December 31 , 2024
January 1, 2025 through December 31 , 2025
January 1, 2026 through December 31 , 2026
January 1, 2027 through December 31 , 2027
Pricing as set forth in Section 1.c. above shall remain firm for the first three (3) years of the contract.
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4. LIABILITY INSURANCE:
The PROVIDER shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit ofliability of $1 ,000,000.
B. General Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
C. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1 ,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
D. Professional Liability - insurance with a minimum limit of $1 ,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the PROVIDER shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the PROVIDER to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the PROVIDER to obtain and/or maintain any required insurance shall not relieve the PROVIDER from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the PROVIDER concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The PROVIDER's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional 55 #10..
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insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.
For any claims related to this project, the PROVIDER's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
5. INDEMNITY:
The PROVIDER shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death,
including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of PROVIDER, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
PROVIDER's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for PROVIDER to procure and maintain a policy of insurance.
6. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, ( except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the 56 #10..
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other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
7. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
8. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file :
Proofs of insurance (approved by Risk Management); and
Executed Agreement and all exhibits thereto.
9. TERMINATION OF SERVICES:
Termination by City for Default of Provider
Should Provider default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Provider. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the 57 #10..
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following: failure to perform required services or duties, willful destruction of City's property by Provider, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Provider's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or
by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason.
The City shall provide no less than ten (10) calendar day's written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Provider with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Provider shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any Provider or subcontractor include lost profits for 58 #10..
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portions of the Work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Provider in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Provider shall provide sufficient oral or written status reports to make City reasonably aware of the status of Provider's work on the project;
1. The Provider understands and agrees that City may, in City's sole discretion, refuse to pay Provider for that portion of Provider's services which were performed by Provider on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
City will pay Provider an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Provider after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials; 59 #10..
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b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Provider as of the date of termination, as determined in accordance with the notice of termination, reduced
by any sums previously paid to the Provider.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Provider to appeal the City Manager, or his/her designee's, decision to the City Council. The Provider shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
10. COMPLIANCE WITH ALL LAWS:
PROVIDER hereby agrees that PROVIDER and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
11. CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2020-- --
b. PROVIDER submittal;
c. RFP 1920-64, GOLF COURSE MANAGEMENT AND
MAINTENANCE SERVICES
d. Insurance Certificates,
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These documents include important legal requirements, procedures and restrictions and should be reviewed by PROVIDER. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
12. NOTICES:
Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar
week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
PROVIDER:
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
13. SIGN A TOR{IES) FOR PROVIDER:
The undersigned signator(ies) for PROVIDER warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
14. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
15. WAIVER:
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The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
16. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
17. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
18. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between PROVIDER and CITY. Additional or new terms contained in this Agreement which vary from PROVIDER'S proposal are controlling and are deemed accepted by PROVIDER by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
19. PARTIAL INVALIDITY:
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2020-_ _ _ , adopted by the Council of the City of Modesto on the ______ day of _ _______ ~ 2020 and _________ has caused this Agreement to be duly executed.
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CITY OF MODESTO,
A municipal corporation
By: ___________ _
JOSEPH P. LOPEZ,
City Manager
ATTEST:
By: ----------
STEPHANIE LOPEZ,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ___________ _
JOSE M. SANCHEZ,
City Attorney
By: -------------
CHRISTINA D. ALGER
City Human Resources Manager (Risk)
63 PROVIDER
By: ---------------
Signature)
By: _____________ _
(Name & Title)
Date:
-------------
By: ______________ _
(Signature)
By:
-------------- Name & Title)
Date: --------------
Signature Requirements
Corporation:
I .Signature of two (2) officers
or
2.Signature ofone (I) officer plus the
corporate seal.
Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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EXHIBITD
MANAGEMENT SERVICES
SCOPE OF WORK
This Scope of Work further defines and details the Management Services required in Exhibit "C" of the Agreement, by and between the CITY OF MODESTO, a municipal corporation, and BRIGHTVIEW GOLF MAINTENANCE INC., which Management Services shall be provided by KEMPER SPORTS MANAGEMENT, INC., "SUBCONTRACTOR", an Illinois corporation.
SECTION 1. DEFINITIONS
1. Definitions. All capitalized terms referenced or used in this Scope of Work and not specifically defined herein shall have the meanings set forth on Exhibit (i) attached hereto.
SECTION 2. MANAGEMENT SERVICES
2.1 Management of the Courses. SUBCONTRACTOR shall perform the management services described in this Section 2 in order to supervise, manage, direct, and operate the Clubhouse Operations at the Courses on behalf of CITY (collectively, the "Management Services"), subject to the terms hereof and at all times consistent with the Operating Budget approved by CITY. CITY hereby delegates to SUBCONTRACTOR, subject to the (i) Budgets, (ii) CITY's approval rights specifically described in this Scope of Work (the "Approval Rights"), and (iii) other terms and conditions set forth herein. For purposes of this Scope of Work, the term "Clubhouse Operations" shall mean all operations at the Courses, including golf, driving range, golf car operations and food and beverage, but excluding any and all course maintenance and maintenance of the clubhouse grounds, common areas, golf course clubhouse entrance and course parking lots (collectively, the "Excluded Services").
2.2. Scope of Services. SUBCONTRACTOR will manage all activities of the Clubhouse Operations that are included in the annual Operating Budget and approved by CITY.
SUBCONTRACTOR will provide Clubhouse Operations at the Courses commensurate with other Comparable Courses, as provided for in the approved Operating Budget. Subject to the terms of this Scope of Work and the approved Operating Budget, SUBCONTRACTOR shall have the responsibility to:
2.2.1. Manage all Clubhouse Operations, including but not limited to, pro shop operations, driving range, starter and marshal services, and use commercially reasonable efforts to achieve the approved Operating Budget;
2.2.2. Employ a General Manager who is a Class A Golf Professional to oversee the Clubhouse Operations at both Courses;
2.2.3. Employ a professional food and beverage manager and staff to manage and conduct day-to-day food and beverage operations at each of the Courses.
Operational hours will be presented with the Annual Budget and recommendation to change hours shall require written notification and approval by CITY;
2.2.4. Purchase and sell merchandise for the pro shop, and maintenance and 1 #10..
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replacement (as necessary) of furnishings, equipment and fixtures for the pro shop;
2.2.5. Implement the policies and standards of the Courses, as approved by CITY;
2.2.6. Manage and supervise all day-to-day Clubhouse Operations, including tee time reservations, collecting green and golf car fees, clubhouse operations, driving range, outside services, managing tournaments and events, payroll and benefits administration, accounting and financial reporting, golf course security, etc., in similar fashion as SUBCONTRACTOR's management of the respective Comparable Courses referred to above.
2.2. 7. Develop and provide to the public golf instructional programs, with special emphasis on the development of junior golf instruction programs with The First Tee;
2.2.8. Establish and nurture golf leagues, tournaments, in-house golf clubs, High School golf leagues, and junior programs;
2.2.9. Establish and nurture Foot Golf at Dryden when such sport is introduced to said golf course;
2.2.10. Hire, train, and supervise all employees required to carry out SUBCONTRACTOR' s responsibilities;
2.2.11. Handle payment of Clubhouse Operations Operating Expenses as identified in the annual Operating Budget;
2.2.12. Determine hours of operations and dress code requirements for golfers and staff subject to approval by CITY, establish starter, marshal and other outside services, establish handicap services, and golf instruction programs;
2.2.13. Acquire all goods and services necessary to carry out SUBCONTRACTOR' s responsibilities;
2.2.14. Provide or arrange for janitorial services at all golf course food and beverage buildings, including but not limited to, the clubhouses, pro shops, golf car barns, clubhouse restrooms, and related storage areas;
2.2.15. Use commercially reasonable efforts to market the Courses to achieve targeted objectives as decided upon by both parties;
2.2.16. Measure customer satisfaction levels of golf course and food and beverage operations and report results to CITY at least bi-annually;
2.2.17. Arrange for, as an expense of the Operating Budget, the design of a website with final design and content approved by CITY in advance before the website goes " live";
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2.2.18. Maintain licenses and other operating permits for sale of alcoholic beverages at each Course, both in the food and beverage buildings and on the Courses, the costs associated therewith to be Operating Expenses of the Courses;
2.2.19. Prohibit placement of signs or advertisement upon any property of CITY or upon any vehicle used by SUBCONTRACTOR in connection with the Management Services under any contract or agreement without written approval by CITY;
2.2.20. Honor pre-sold annual passes and punch cards to allow completion of these transactions at either of the Courses;
2.2.21. Use commercially reasonable efforts to comply with all insurance and legal requirements of the Courses as detailed in Section 7;
2.2.22. Arrange for the provision and maintenance of a fleet of electric powered golf cars for public rental at both Courses;
2.2.23. Recommend and price, subject to final approval by CITY in the annual Operating Budget, food and beverage items similar to other items offered at the respective Comparable Courses;
2.2.24. At CITY's expense, arrange for the provision and maintenance of all restaurant and kitchen equipment needed (including utensils and dishes) beyond what the CITY currently provides for food and beverage service at the golf course, replacing equipment when needed;
2.2.25. Meet at least quarterly with CITY representatives to evaluate and discuss golf course and food and beverage operations and to recommend any operational changes that may be warranted;
2.2.26. CITY shall have the right to use the Courses for special CITY events, including golf, for not less than five (5) Mondays, excluding holidays, at no cost to CITY. The estimated financial impact of such free days shall be included in the annual Operating Budget.
2.3. Budgets. All budgets, as hereinafter set forth ( collectively the "Budgets"), shall be prepared with the advice and counsel of CITY, based on what SUBCONTRACTOR believes to be reasonable assumptions and projections, and delivered to CITY for CITY's review and written approval. All Budgets shall be presented in reasonable detail. SUBCONTRACTOR shall not be deemed to have made any guarantee or warranty in connection with the results of operations or performance set forth in the Budgets and the parties acknowledge that the Budgets are based solely upon SUBCONTRACTOR's judgment and the facts and circumstances known by SUBCONTRACTOR at the time of preparation.
2.3.1. Operating Budget. SUBCONTRACTOR shall submit to CITY, for CITY's review 3 #10..
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and written approval, an Operating Budget ("Operating Budget") setting forth the forecasted revenues and expenses associated with the Clubhouse Operations of the Courses On or before March 1 of each year, SUBCONTRACTOR shall submit to CITY, for CITY's review and written approval, a proposed Operating Budget for the upcoming fiscal year or part thereof within the Term. The Operating Budget shall include a marketing plan for the upcoming year.
2.3.2. Capital Expenditures Budget. On or before March 1 of each year during the Term, SUBCONTRACTOR shall submit to CITY, for CITY's review and written approval, a budget (the "Capital Expenditures Budget") setting forth the proposed capital improvements (including equipment purchases and leases) within and to the Property.
2.3.3. CITY's Review and Approval of Budgets. The Budgets shall be for CITY's review and written approval, subject to the terms of this Scope of Work. CITY shall give its written comments and/or tentative approval within sixty (60) days after SUBCONTRACTOR delivers the Budgets to CITY. CITY shall respond to SUBCONTRACTOR indicating whether such Budget is accepted for presentation to the CITY Council, or CITY will indicate the items in the Budget that preclude the CITY from accepting it. SUBCONTRACTOR shall work with CITY regarding CITY concerns and accordingly amend the Budget and resubmit the same within seven (7) days for acceptance by the CITY. The accepted Budget will then be submitted for CITY Council approval along with the CITY's normal budget approval process, and only if approved by the CITY Council shall it be considered an approved budget. In the event of disapproval of any Budgets, SUBCONTRACTOR shall continue operating the Courses pursuant to the Budgets then in effect.
2.3.4. Unanticipated Expenditures and Reallocation of Funds. CITY agrees that the Budgets are intended to be reasonable estimates, and, accordingly, SUBCONTRACTOR shall be entitled from time to time to go over Budget on individual line items provided that SUBCONTRACTOR is under Budget on other line items so that the total annual approved Operating Expenses in the Operating Budget are not exceeded. SUBCONTRACTOR may also revise the Budgets to cover any expenditures that were unanticipated at the time of preparation of the Budgets but are reasonable and necessary to carry out the provisions of this Scope of Work; provided, however, that except as otherwise set forth in this Scope of Work, SUBCONTRACTOR shall be required to obtain CITY's prior written approval of any unanticipated expenditures which would result in the total budgeted expenditures being exceed by more than three percent (3%) of the annual Operating Expenses in the Operating Budget. SUBCONTRACTOR is authorized to take all action reasonably deemed necessary by SUBCONTRACTOR to implement, perform, or cause the performance of the items set forth in the Budgets. CITY acknowledges that SUBCONTRACTOR has not made any guarantee, warranty, or representation of any nature whatsoever concerning or relating to (i) the Budgets, or (ii) the amounts of Gross Revenues or Operating Expenses to be generated or incurred from the operation of the Courses.
2.4. Course Operations. SUBCONTRACTOR shall use commercially reasonable efforts to perform all acts that are necessary to operate the Courses, subject to the Budgets, the Approval 4 #10..
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Rights and terms and conditions set forth herein, on behalf of and for the account, and at the sole cost and expense of, CITY, in accordance with this Scope of Work. SUBCONTRACTOR shall have the authority and responsibility, working in conjunction with golf maintenance provider, for the administration, operation and management of the Courses. At a minimum, SUBCONTRACTOR shall perform the following acts and services:
2.4.1. Financial Management-Accounting Records and Reporting. SUBCONTRACTOR may employ an on-site accountant or bookkeeper with the CITY's approval (the cost of which shall be an Operating Expense) for the Courses whose duties shall include: (i) maintaining all books, records, and other data associated with the financial activities of the Courses, (ii) preparing all operating budgets, cash flow budgets, and other financial forecasts, and (iii) being responsible for the day-to-day financial affairs of the Courses. All accounting records shall be maintained in a format consistent ( in all material respects) with Generally Accepted Accounting Principles (GAAP).
a. Financial Reporting. During the Term, SUBCONTRACTOR shall provide the following financial statements in conformance with GAAP, as set forth by the American Institute of Certified Public Accountants (AI CPA) and a format reasonably specified by CITY:
1. SUBCONTRACTOR shall submit to CITY, within twenty (20) days after the close of each calendar month, a financial statement showing in reasonably accurate detail the budgeted and actual financial activities of the Courses for the preceding calendar month and the fiscal year to date.
2. SUBCONTRACTOR shall submit to CITY, within sixty (60) days after the close of each fiscal year, a financial statement prepared in conformity with General Accepted Accounting Principles, as set forth by the American Institute of Certified Public Accountants, for the fiscal year then ended.
CITY will engage an auditor to provide an independent auditor's report containing an opinion of an independent certified public accountant to be submitted to CITY no later than ninety (90) days after the fiscal year-end, the cost of which shall not be an Operating Expense of the Courses. The annual audit shall be performed by a reputable firm selected by CITY at the cost of the CITY.
b. Internal Control. SUBCONTRACTOR agrees to develop, install, and maintain reasonably appropriate accounting, operating, and administrative controls designed to safeguard assets, ensure compliance with all laws, regulations and contracts, and detect defalcation and fraud, consistent with its controls at other SUBCONTRACTOR managed municipal golf courses in northern California. c. Records and Inspection. SUBCONTRACTOR shall maintain, at all times during the Term, and all extensions, a full set of all financial, vendor and operating records relating to the Courses at the Properties. At any time during the Term, CITY shall have the right, to inspect the books, records, invoices, deposits, canceled checks, or other financial or operating data or transactions of 5 7 #10..
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EXHIBITD
the Courses, during normal business hours at the Property. CITY shall have daily access to SUBCONTRACTOR's point of sale/tee time software, but only to the extent that such access will be provided via a secure system and that the software utilized by SUBCONTRACTOR allows for such access.
Notwithstanding the foregoing, such inspection rights shall not extend to any inspection of SUBCONTRACTOR corporate records at its corporate office nor any records relating to any other projects or locations. Upon expiration or termination of this Scope of Work, SUBCONTRACTOR will promptly turn over all such Course records to CITY.
2.4.2. Bank Accounts. CITY will establish, in CITY's name, utilizing the federal tax identification number of CITY, a deposit account (the "Deposit Account"). Money generated at Courses will be picked up by armored car daily, provided that the cost of such service will be included as an annual Operating Expense of the Courses. Pursuant to section 3.5.l(C), all bank accounts, the records and bank statements shall be subject to inspection by CITY pursuant to the terms recited herein. All Gross Revenues of the Courses shall be collected, received, and deposited daily by SUBCONTRACTOR exclusively through the Deposit Account in accordance with the terms of this Scope of Work. All Operating Expenses, including but not limited to Gross Payroll for the Courses, shall be handled and expended exclusively through the Operating Expense Account.
2.4.3. Employees. As part of the Operating Budget, SUBCONTRACTOR shall (i) determine personnel requirements, recruitment schedules, and compensation levels, (ii) furnish job descriptions, performance appraisal procedures, employee benefit programs, and operational and procedural manuals for all personnel, and (iii) establish forms and procedures for employee compensation and Course incentive programs.
SUBCONTRACTOR shall hire, promote, discharge, and supervise all employees performing services in and about the Courses. All of the employees of the Courses shall be employees of SUBCONTRACTOR, and shall not be considered employees of CITY.
2.4.4. Marketing. SUBCONTRACTOR shall make recommendations to CITY as to green fees and other fees and rates in the Marketing Plan for the approval of the CITY.
SUBCONTRACTOR shall develop the ongoing marketing plan for the Courses and define a schedule of marketing and advertising activities, which shall be submitted to CITY as part of the Operating Budget. Upon CITY's approval, SUBCONTRACTOR shall indicate on the premises that the Courses are being operated by SUBCONTRACTOR.
2.5. Environmental Remediation. Throughout the Term, if SUBCONTRACTOR becomes aware of the presence of any Hazardous Material, in a quantity sufficient to require remediation or reporting under any Environmental Law in, on or under the Property, or if SUBCONTRACTOR, CITY, the Courses, or the Property becomes subject to any order of any federal, state or local agency to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise clean up the Property, SUBCONTRACTOR shall, at CITY's request and sole expense, use all commercially reasonable efforts to carry out and complete any required investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Property; provided that such remediation activities shall be at SUBCONTRACTOR's expense if such activities are required as a direct consequence of 6 #10..
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Hazardous Material being present in, on or under the Property solely as a result of grossly negligent actions undertaken by SUBCONTRACTOR and not directed or approved by CITY, excluding current customary usage. CITY acknowledges and agrees that CITY shall be solely responsible for any legal or other liability arising out of the presence of any Hazardous Material in, on or under the Property, except to the extent such Hazardous Material is present in, on or under the Property solely as a result of grossly negligent actions undertaken by SUBCONTRACTOR and not directed or approved by CITY, excluding current customary usage.
2.6. Contracts. SUBCONTRACTOR shall negotiate, consummate, enter into, and perform, in the name of the Courses, such Scope of Works as SUBCONTRACTOR may deem necessary or advisable for the furnishing of all food, beverages, utilities, concessions, entertainment, operating supplies, equipment, repairs and other materials and services as SUBCONTRACTOR determines are needed from time to time for the Clubhouse Operations of the Courses. Notwithstanding the above, any contract which exceeds Three Thousand Five Hundred Dollars ($3,500) in total payments over the term of such contract or which has a term of over one ( 1) year shall require the prior written consent of CITY. Any contract that cannot be made in the name of the Courses shall be provided to CITY for its execution in the name of CITY.
2.7. Licenses, Permits, and Accreditations. SUBCONTRACTOR shall apply for and use its commercially reasonable efforts to obtain and maintain, in SUBCONTRACTOR's name (or, if otherwise required by applicable law, in CITY's name), all licenses, permits, and accreditations required in connection with the management and operation of the Courses, the cost of which shall be an Operating Expense. CITY will cooperate with SUBCONTRACTOR in applying for, obtaining, and maintaining such licenses (including liquor licenses), permits, and accreditations.
2.8. Legal Action. SUBCONTRACTOR may not institute any legal action by or on behalf of CITY or the Courses without the prior written consent of CITY and CITY may not institute any legal action by or on behalf of SUBCONTRACTOR without the prior written consent of SUBCONTRACTOR.
2.9. Emergency Expenditures. In the event, at any time during the Term, a condition should arise in, on, or about the Courses of an emergency nature which, in SUBCONTRACTOR' s discretion, requires Emergency Expenditures for immediate action to preserve and protect the Courses, to assure the continued operation of the Courses, or to protect the customers, guests, or employees of the Courses, SUBCONTRACTOR is authorized to take all steps and to make all reasonable expenditures necessary to repair and correct any such condition, whether or not provisions have been made in the applicable Budgets for any such expenditures. CITY shall be notified of the need for, and estimated amount of, any such Emergency Expenditures as soon as reasonably practical.
2.10. Compliance with Laws. SUBCONTRACTOR shall use commercially reasonable (i) comply with all federal, state and local laws, ordinances, rules, or governmental regulations now or hereafter in force, or by order of any governmental or municipal power, department, agency, authority, or officer (collectively "Laws") applicable to the use, operation, maintenance, repair and restoration of the Courses, whether or not compliance therewith shall interfere with the use and enjoyment of the Courses; and (ii), except for those which are the obligation of CITY or 7 #10..
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CITY's separate SUBCONTRACTORs, procure, maintain and comply with all licenses and other authorizations required for any use of the Courses then being made, and for the Clubhouse Operations of the Courses or any part thereof, the costs of which shall be Operating Expenses.
Notwithstanding the foregoing, CITY acknowledges and agrees that CITY or its construction SUBCONTRACTORs shall be responsible for procuring, maintaining and complying with all licenses and other authorizations relating to design, construction, zoning, erection, installation and similar matters relating to any construction at the Courses. If, at any time during the Term, SUBCONTRACTOR is notified or determines that repairs, additions, changes, or corrections in the Property of any nature shall be required by reason of any Laws, SUBCONTRACTOR shall notify CITY and request CITY's consent to take all reasonable steps and to make all reasonable expenditures necessary to repair and correct any such repairs, additions, changes, or corrections whether or not provisions have been made in the applicable Budgets for any such expenditures, the costs of which shall be Operating Expenses. If CITY withholds such consent, SUBCONTRACTOR shall not be liable for any failure of the Property to follow such Laws.
2.11. Other Duties and Prerogatives. SUBCONTRACTOR shall use commercially reasonable efforts to perform any act that is necessary to operate and manage the Courses during the Term, subject to the terms and conditions hereof. In fulfilling its operational and managerial responsibilities hereunder and subject to the limitations otherwise stated herein, SUBCONTRACTOR shall have all rights ordinarily accorded to a manager in the ordinary course of business, including, without limitation, the collection of proceeds from the operation of the Courses, the incurring of trade debts in CITY' s name ( other than mortgage indebtedness), the approval and payment of obligations, and the negotiating and signing of leases and contracts, with each of the foregoing to be funded by the Operating Expense Account subject to and in accordance with the applicable Budget . SUBCONTRACTOR shall not be obligated to advance any of its own funds to or for the account of CITY nor to incur any liability, unless CITY shall have furnished SUBCONTRACTOR with funds necessary for the full discharge thereof. Further, SUBCONTRACTOR shall not be obligated to sign any leases, contracts or other Scope of Works in SUBCONTRACTOR's name. However, if for any reason SUBCONTRACTOR shall have advanced funds, with CITY's consent or otherwise in accordance with the terms of this Scope of Work, in payment of any reasonable expense in connection with the Clubhouse Operations of the Courses, CITY shall reimburse SUBCONTRACTOR within thirty (30) days after invoice for the full amount of such payments less any advances CITY has made to SUBCONTRACTOR.
SECTION 3. RESPONSIBILITIES OF CITY
3.1. Expenditures. CITY acknowledges that it is solely responsible for all Operating Expenses and capital expenditures required for or on behalf of the Courses provided that such Operating Expenses and capital expenditures are made in accordance with the terms of this Scope of Work. CITY shall be responsible for all other expenditures and obligations in connection with the Courses and the Property, including without limitation, all federal, state and local taxes and all principal and interest payments on indebtedness, as well as all Excluded Services.
3.2. CITY's Advances. CITY shall advance funds to the Operating Expense Account described in Section 2.4.1 to conduct the affairs of the Courses (the "CITY's Advances") as set forth below. Such CITY's Advances may be paid by check, wire transfer or authorization to apply funds from the Deposit Account towards the payment of such CITY's Advances. CITY 8 #10..
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acknowledges and agrees that it has sole responsibility for providing CITY's Advances and SUBCONTRACTOR shall have no responsibility to provide funds for the payment of any Operating Expenses, Gross Payroll, debts or other amounts payable by or on behalf of the Courses, the Property or CITY.
3.2.1. Operating Expense Account. On or before the Commencement Date (and in any event, prior to SUBCONTRACTOR' s incurrence of any Operating Expenses), CITY shall remit to SUBCONTRACTOR for deposit into the Operating Expense Account, CITY's Advances equal to six weeks' estimated Operating Expenses, including Gross Payroll obligations (as specified in the approved Budget) (the "Operating Expense Minimum"). CITY shall replenish the Operating Expense Account in order to maintain the Operating Expense Minimum in the Operating Expense Account as described below. SUBCONTRACTOR shall use the funds in the Operating Expense Account to pay the Operating Expenses of the Courses. On a monthly basis by the 15th day of the preceding month, SUBCONTRACTOR shall provide CITY with a statement describing the anticipated source and use of funds for the Courses for the next monthly period. In each such statement, the SUBCONTRACTOR shall calculate the amount to be deposited by CITY by netting from the existing funds in the Operating Expense Account the amount of estimated expenses payable from such funds; any excess funds (the "Excess Funds") remaining in the Operating Expense Account after such netting shall be applied to the amount of the Operating Expense Minimum. Within thirty (30) days after CITY's receipt of such statement from SUBCONTRACTOR, CITY shall remit to the Operating Expense Account the amount of the Operating Expense Minimum less the amount of Excess Funds, as set forth in such statement. The parties agree to adjust the Operating Expense Minimum seasonally or as otherwise required from time to time, in order to reflect the then-current payment obligations of the Courses.
3.2.2. Naming Rights and Advertising. All naming of and advertising on any golf course subject to this Scope of Work shall be permitted or allowed in the CITY's sole discretion. The CITY shall exercise its discretion in a reasonable manner.
Any revenue earned from Naming Rights or Advertising would be included in Gross Revenues.
SECTION 4. COMPENSATION
4.1. Consulting Fee. CITY acknowledges and agrees that in consideration of, and as an inducement to, SUBCONTRACTOR entering into this Scope of Work and in lieu of SUBCONTRACTOR receiving any management fee hereunder, during at least the initial Term of this Scope of Work, SUBCONTRACTOR will receive certain remuneration from Bright View pursuant to a separate Scope of Work for consulting services with BrightView (the "Consulting Scope of Work"), to which the CITY is not a party. If and to the extent that SUBCONTRACTOR fails to receive payment from BrightView in accordance with the Consulting Scope of Work, SUBCONTRACTOR shall have the right, upon notice to the CITY, to suspend or terminate its services hereunder. However, SUBCONTRACTOR acknowledges that ifBrightView defaults in any of its payment obligations under the Consulting Scope of 9 #10..
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Work, CITY shall have the right to make such payments to SUBCONTRACTOR and assume the obligations of Bright View under such Scope of Work in order to avoid termination of SUBCONTRACTOR's services hereunder. CITY is familiar with the terms of the Consulting Scope of Work and has been involved in negotiations with Bright View in connection with the Consulting Scope of Work.
4.2. Out-Pocket Expenses. In addition to all other fees and expenses recited herein payable to SUBCONTRACTOR, and subject to CITY's approval of same in the Budgets, it is agreed that CITY shall reimburse SUBCONTRACTOR within thirty (30) days of invoice for all actual out-of-pocket expenses incurred by SUBCONTRACTOR, limited to $2,000 per twelve (12) month period, incurred by SUBCONTRACTOR in the performance of this Scope of Work, including without limitation, reasonable travel for employees employed on-site at the Property and SUBCONTRACTOR's other employees while engaged in performing the obligations of SUBCONTRACTOR under this Scope of Work, and air express. Reimbursement for such outof-pocket expenses will be made at actual cost and may be made directly from the Operating Expense Account.
4.3. Late Fees. CITY shall pay to SUBCONTRACTOR all of the expenses described above, and other sums due SUBCONTRACTOR, at the times, at the places, and in the manner herein provided. If any payment or any part thereof to be made by CITY to SUBCONTRACTOR pursuant to the terms hereof shall become overdue for a period of thirty (30) days, a "late charge" may be charged by SUBCONTRACTOR for the purpose of defraying the expense incident to handling such delinquency. The late charge shall be equal to one percent (1 %) per month. In the event any portion of this Section violates any state or federal law or regulation, this Section shall be deemed void and shall have no other effect or make waiving invalid any other provision of this Scope of Work. Further, nothing herein shall be construed as waiving any rights of SUBCONTRACTOR arising out of any Events of Default of CITY by reason of SUBCONTRACTOR assessing or accepting any such late payment or late charge; the fright to collect the late charge is separate and apart from any rights relating to remedies of SUBCONTRACTOR after default by CITY in the performance or observance of the terms of this Scope of Work. CITY shall bear the costs of any legal or collection fees and expenses incurred by SUBCONTRACTOR in attempting to enforce CITY's payment obligations hereunder.
4.4. Deposit. In the reasonable discretion of SUBCONTRACTOR, upon the occurrence of an Insecurity Event, SUBCONTRACTOR will require the payment of a security deposit which will not be applied against amounts owing by CITY to SUBCONTRACTOR and will be retained by SUBCONTRACTOR as security for the payment of fees and expenses and any unused amount of such security deposit shall be returned to CITY upon the termination of this Scope of Work and payment of all outstanding obligations owed hereunder to SUBCONTRACTOR. The terms and conditions applicable to such deposit are set forth below.
4.4.1. Amount of Deposit. The initial deposit ("Deposit") shall be set at an amount equal to the expected out-of-pocket expenses of SUBCONTRACTOR, to be estimated by SUBCONTRACTOR in its reasonable discretion based on expected amounts due and owing from CITY to SUBCONTRACTOR during a one (1) month period. SUBCONTRACTOR shall have the right to request that CITY add to the Deposit in the event that, at any time, the amount of the monthly expected #10..
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out of pocket expenses exceeds the amount of the Deposit.
4.4.2. Security Interest in Deposit. The Deposit is a separate obligation of CITY and CITY understands and agrees that SUBCONTRACTOR will be under no obligation to perform any service under this Scope of Work until payment in full of the Deposit. The Deposit shall not be applied or credited to amounts due from CITY as they come due, but will be returned to CITY once all amounts due hereunder are paid in full. CITY hereby grants a security interest in the Deposit to SUBCONTRACTOR to secure payment of all amounts due hereunder and expressly authorizes SUBCONTRACTOR to pay itself any amounts past due from the Deposit. CITY acknowledges and agrees that this security interest is perfected by virtue of SUBCONTRACTOR's possession of the Deposit.
4.4.3. Interest on Deposit. Interest earned on the Deposit is the property of CITY and shall be returned to CITY once all amounts due under the Scope of Work are paid in full. The Deposit is not intended to be an estimate for the total cost of the work to be performed.
4.5. Payment Prior to Insolvency Proceeding. Prior to the initiation of an Insolvency Proceeding (as defined below) by CITY, if applicable, CITY shall pay all amounts then outstanding and owing to SUBCONTRACTOR in immediately available funds by wire transfer.
SECTION 5. INSURANCE
5.1. Description oflnsurance. During the Term, SUBCONTRACTOR shall secure and maintain for the duration of the contract Insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the SUBCONTRACTOR's "Management Services", the cost of which shall be an Operating Expense. (A) Property Insurance covering loss or damage to the buildings, structures or other Improvements, contents, equipment and supplies. CITY shall provide SUBCONTRACTOR with the appropriate written specifications for all property to be insured under such policy.
CITY understands that coverage for flood, earthquake or wind damage shall be excluded from coverage and damages connected with such events shall be an Operating Expense. Upon CITY's written request, SUBCONTRACTOR will attempt to obtain coverage for flood, earthquake and/or wind damage and, if available, such coverage shall be an Operating Expense. Such Property Insurance shall include a waiver of all right of recovery by way of subrogation against SUBCONTRACTOR and CITY in relation to any damage covered by such policy.
(B) Commercial General Liability (COL) Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including property damage, bodily injury, personal injury, and products liability/complete operations with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Courses or the general aggregate limit shall be twice the required occurrence limit._ (C) Automobile Liability Insurance: Insurance Services Office Form Number CA-001 11 #10..
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covering Code 1 (any auto), or if SUBCONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1 ,000,000 per accident for bodily injury and property damage.
(D) Commercial Liquor Liability including coverage for damages arising out of the selling, serving or furnishing of any alcoholic beverage with a limit of $2,000,000 per occurrence/$4,000,000 aggregate limit or the minimum limits required by statute if higher.
Special Note: the limits of liability specified in A, B, C and D above can be satisfied or supplemented through a combination of primary, umbrella or excess liability policies, provided that the coverage under such umbrella or excess liability policies is at least as broad as the primary coverage. The costs of any umbrella or excess liability policies provided by SUBCONTRACTOR shall be included as an Operating Expense. (E) Business Interruption, Loss of Income and Extra Expense Insurance that will reimburse CITY and SUBCONTRACTOR for direct and indirect loss of earnings attributable to six months of business interruption and for the actual loss sustained until the structures are substantially rebuilt after an insured property loss.
(F) Employment Practices ("EPLI"), Directors and Officers, Fiduciary and Crime Liability Insurance of not less than $5,000,000 each occurrence and which will include coverage for all employees of SUBCONTRACTOR performing work with respect to either of the Courses. (G) Workers' Compensation Insurance in such amounts that comply with applicable statutory requirements, and Employer's Liability limits, including Umbrella Liability Insurance, if necessary, of not less than $1 ,000,000 per accident, $1 ,000,000 disease-policy limit, and $1 ,000,000 disease each employee.
(H) Fidelity Bond or Fidelity Insurance covering all employees who have access to or responsibility for or who handle CITY funds or due to dishonesty of any employees resulting in loss of funds or incurred costs to the Courses having a limit of no less than $5,000,000 per occurrence and in the aggregate.
All such insurance coverage maintained by SUBCONTRACTOR (except as set forth in (F), (G) and (H)) shall name CITY as additional insured to the extent of the indemnification by CONTRACTOR under Section 5.2 and shall be maintained with insurance companies rated at least A- by Best Key Rating Guide and shall be licensed to do business in California. SUBCONTRACTOR shall deliver to CITY certificates and endorsements of such insurance evidencing the required policies. Property insurance shall include a waiver of all recovery by way of subrogation against SUBCONTRACTOR and CITY in relation to any damage covered by such policy. CITY acknowledges that SUBCONTRACTOR has made no representations or warranties that the above coverages are sufficient to fully protect CITY.
The expenses for all the coverages outlined in (A) through (H) above shall be Operating Expenses.
5.2. CITY's Option to Provide Insurance. Upon CITY's prior written notification to SUBCONTRACTOR, CITY may procure and maintain, at CITY's sole cost and expense, with insurance companies rated at least A- by Best's Key Rating Guide, and licensed to do business in 12 #10..
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California, sufficient insurance fully covering the Property and operation of the Courses, in at least the amounts specified in Section 5.1 (A) through (H) above. All such insurance shall name SUBCONTRACTOR and its shareholders, officers, directors, employees, agents and representatives as additional insureds. CITY shall deliver to SUBCONTRACTOR certificates of insurance evidencing the above-required policies. Property insurance shall include a waiver of all recovery by way of subrogation against SUBCONTRACTOR in relation to any damage covered by such policy.
Within fifteen (15) days after receipt of such written notification from CITY, along with appropriate certificates of insurance, SUBCONTRACTOR shall no longer secure the coverage specified in Section 5.1 (A) through (E) above; provided, however, that SUBCONTRACTOR shall continue to secure the coverage specified in Section 5.1 (F), (G) and (H) above. The expenses for the coverages provided by SUBCONTRACTOR shall be Operating Expenses.
5.3. Waiver of Subrogation. Notwithstanding any other provision in this Agreement, CITY and SUBCONTRACTOR each hereby waive all rights of recovery against the other and their Affiliates, and against each of their officers, employees, agents and representatives, on account of loss by or damage to the waiving party's property or the property of others under its control, to the extent that such loss or damage is (i) insured against under any insurance policy which either may have in force at the time of the loss or damage; or (ii) is required to be insured against in accordance with this Agreement; or (iii) given the facts and circumstances surrounding the Property and the Courses, should reasonably be insured against by the CITY (in any case, regardless of whether or not such insurance policy is in effect). CITY shall, upon obtaining any policies of insurance required under this Agreement, give notice to its insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Agreement. This waiver of subrogation shall survive the expiration or termination of this Agreement.
SECTION 6. DAMAGE AND CONDEMNATION
6.1. Substantial Destruction.In the event the Real Property, Tangible Personal Property, and/or Improvements are damaged or destroyed by frre or other casualty to the extent that the damage cannot be materially restored with due diligence within two hundred seventy (270) days following such event, either party hereto may terminate this Scope of Work upon written notice to the other party given within ninety (90) days following the date of such destruction. In the event of termination of this Scope of Work pursuant to this Section, the Term shall cease and come to an end as of the effective date of termination specified in the termination notice (which shall in no event be prior to the date of receipt of the termination notice) as though such date were the date originally fixed for the expiration of the Term. Both parties shall pay all amounts due to the other party up to such effective date of termination ( or, with respect to amounts due to SUBCONTRACTOR, after such date if it is reasonably necessary to incur additional expenses in the wind-down of operations of the Courses). ·
6.2. Partial Destruction. In the event the Real Property, Tangible Personal Property, and/or Improvements, or any portion thereof, is damaged or destroyed by fire or other casualty and such damage can be materially restored with due diligence within two hundred seventy (270) days following such event, CITY shall have the obligation to repair the damaged Real Property, Tangible Personal Property, and/or Improvements as nearly as practicable to the condition the same were in prior to such damage. CITY shall cause such repair to be made with all reasonable 13 #10..
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dispatch so as to complete the same at the earliest possible date.
6.3. Substantial Condemnation. In the event (i) all or substantially all of the Real Property is taken in any eminent domain, condemnation, compulsory acquisition, or similar proceeding by any competent authority for any public or quasi-public use or purpose, or (ii) a substantial portion of the Real Property is so taken, but the result is that it is unreasonable to continue the Clubhouse Operations for the purposes contemplated by this Scope of Work, then either party hereto may terminate this Scope of Work upon written notice to the other party given within ninety (90) days following the conclusion of the condemnation proceedings. In the event of termination of this Scope of Work pursuant to this Section, the Term shall cease and come to an end as of the effective date of termination specified in the termination notice (which shall in-no event be prior to the date of receipt of the termination notice) as though such date were the date originally fixed for the expiration of the Term. Both parties shall pay all amounts due to the other party up to the date of termination (or, with respect to amounts due to SUBCONTRACTOR, after such date if it is reasonably necessary to incur additional expenses in the wind-down of Clubhouse Operations).
The provisions of this section shall be valid to the extent permitted by applicable law.
6.4. Partial Condemnation. In the event a portion of the Real Property shall be taken by any of the events described in Section 6.3 above, or is affected but on a temporary basis, and the result is not to make it unreasonable to continue the Clubhouse Operations for the purposes contemplated by this Scope of Work, this Scope of Work shall not terminate. It is further agreed that any portion of any award, damages or other compensation paid to CITY on account of such partial taking, condemnation, or sale as is necessary to render the Property equivalent to its condition prior to such event shall be used for such purpose. The balance of such award, if any, shall be fairly and equitably apportioned between the parties in accordance with their respective interests. The provisions of this section shall be valid to the extent permitted by applicable law.
SECTION 7. INDEMNIFICATION
7 .1. CITY's Indemnification Obligations. Except as provided in Section 5 .1 , CITY shall defend, indemnify and hold SUBCONTRACTOR and its Affiliates and each of their shareholders, members, officers, directors, managers, employees, agents, and representatives (the "SUBCONTRACTOR Related Parties") harmless of and from all liability, loss, damage, cost, or expense arising from or relating to: (i) the performance of the Management Services on behalf of CITY, (ii) the ownership, leasing, organization, development or construction of the Courses or the Property; (iii) Hazardous Materials or other conditions existing at the Courses or the Property; (iv) the use by SUBCONTRACTOR of any of the Courses' trade names, trademarks, logos or other intellectual property used in connection with the Courses; (v) any breach by CITY of any of CITY's covenants, representations, and warranties herein; (vi) any acts or omissions of CITY (or its officers, directors, agents, employees, representatives, SUBCONTRACTORs and others for whom CITY is responsible); and (vii) any acts or omissions occurring in connection with the operation or management of the Courses prior to the Term; to the fullest extent permitted by law, except to the extent such liabilities were caused by SUBCONTRACTOR's negligence ( or in the case of (iii) above, the SUBCONTRACTOR's gross negligence) or fraud. CITY's duty to defend and indemnify SUBCONTRACTOR and the SUBCONTRACTOR Related Parties shall extend to all liability, loss, damage, cost, or expenses hereunder arising from or relating to any event or occurrence taking place prior to, during or after the Term. 14 #10..
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7.2. SUBCONTRACTOR's Indemnification Obligations. Except as provided in Section
5.1 , SUBCONTRACTOR shall defend, indemnify and hold CITY and officers, employees, agents, and representatives (the "CITY Related Parties") harmless of and from all liability, loss, damage, cost, or expense arising from or relating to the negligent acts or omissions of SUBCONTRACTOR ( or its officers, directors, agents, employees, representatives, SUBCONTRACTORs and others for whom SUBCONTRACTOR is responsible), to the fullest extent permitted by law, except to the extent such acts or omissions were directed or approved by CITY, or such liabilities were caused by CITY's willful or criminal misconduct, negligence or fraud. SUBCONTRACTOR's duty to defend and indemnify CITY and the CITY Related Parties shall extend to all liability, loss, damage, cost, or expenses hereunder arising from or relating to any event or occurrence taking place prior to the Term.
7.3. Survival. The defense and indemnification obligations contained in this Section 7 shall survive the expiration or termination of this Scope of Work for any reason.
SECTION 8. RIGHT TO CURE
8.1. Performance. Other than with respect to CITY's payment obligations pursuant to Sections 4.4 and 4.5 hereof, if, after the expiration of any permitted grace period or notice and cure period, a party hereto shall have failed to cure any default in the performance of any representation, covenant, or obligation on its part to be performed, then the other party may, at any time thereafter, upon written notice, perform the same for the account and at the expense of the other party. Notwithstanding the above, in the case of an emergency, either party may, after notice to the other party, so reasonably perform in the other party's stead prior to the expiration of any applicable grace period; provided, however, the other party shall not be deemed in default under this Scope of Work.
8.2. Reimbursement. If, pursuant to this Article, either party at any time is compelled or elects (as permitted by the immediately preceding Section) (i) to pay any sum of money or (ii) to do any act which will require the payment of any sum of money, or (iii) to incur any expenses (including reasonable attorneys' fees) in instituting, prosecuting, and/or defending any action or proceeding instituted by reason of the other party's failure to perform, as described in the immediately preceding Section, the sum or sums paid or payable by such party, with all interest, cost and damages, shall be immediately due from the other upon receipt of a statement and reasonable documentation therefore.
8.3. Disgorgement. To the extent permitted by applicable law, if the incurring the payments of money or transfers of property made to SUBCONTRACTOR by or on behalf of CITY, pursuant to this Scope of Work or any related documents shall subsequently be declared to be "void" or "voidable" within the meaning of any state or federal law relating to creditors' rights, including, without limitation, fraudulent conveyances, a preference, or otherwise voidable or recoverable, in whole or in part, for any reason under the federal Bankruptcy Code or any other federal or state law (individually, a "Voidable Transfer" ), and if SUBCONTRACTOR is required to repay or restore any such Voidable Transfer or the amount or any portion thereof, or upon the advice of its counsel is advised to do so, then, as to any such Voidable Transfer or the amount repaid or restored (including all reasonable costs, expenses and attorneys' fees of 15 #10..
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Servicer on behalf of SUBCONTRACTOR related thereto), the obligations to SUBCONTRACTOR, or portion thereof, paid or deemed satisfied by such Voidable Transfer or such amount shall automatically be revived, reinstated and restored to the extent that such obligation to SUBCONTRACTOR, or portion thereof, existed immediately prior to such Voidable Transfer, and such indebtedness to SUBCONTRACTOR, or portion thereof, shall exist as though such Voidable Transfer had never been made, and this Scope of Work and all liens granted hereunder shall be revived, reinstated and restored as though such Voidable Transfer had never been made. Moreover, SUBCONTRACTOR shall be entitled to the imposition of a constructive trust and equitable lien on all of CITY' s assets to the extent any liens and security interest under this Scope of Work are not revived, reinstated or restored and there remain amounts due and owing under this Scope of Work as a consequence of a Voidable Transfer.
SECTION 9. EVENTS OF DEFAULT
The occurrence of any one or more of the following events which is not cured within the specified cure period, if any, shall constitute a default under this Scope of Work (hereinafter referred to as an "Event of Default"):
9.1. Failure to Pay Sums Due. Either party's failure to pay any sums payable under this Scope of Work when and as the same shall become due and payable and such failure shall continue for a period of ten (10) days after written notice (specifying the item not paid) thereof from the other party to the defaulting party.
9.2. Failure to Comply. Either party's material failure to comply with any of the covenants, Scope of Works, terms, or conditions contained in this Scope of Work and such failure shall continue for a period of thirty (30) days after written notice thereof from the other party to the defaulting party specifying in detail the nature of such failure. Notwithstanding the foregoing, in the event any such failure cannot with due diligence be cured within such 30-day period, if the defaulting party proceeds promptly and diligently to cure the same and thereafter diligently prosecutes the curing of such failure, the time within which the failure may be cured shall be extended for such period as may be necessary for the defaulting party to cure the failure.
9.3. Bankruptcy. If either party (i) applies for or consents to the appointment of a receiver, trustee, or liquidator of itself or any of its property, (ii) is unable to pay its debts as they mature or admits in writing its inability to pay its debts as they mature, (iii) makes a general assignment for the benefit of creditors, (iv) is adjudicated as bankrupt or insolvent, or (v) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors, or taking advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law or statute, or admits the material allegations of a petition filed against it in any proceedings under any such law, or if any action shall be taken by said party for the purpose of effecting any of the foregoing (collectively, an "Insolvency Proceeding").
9.4. Reorganization; Receiver. An order, judgment, or decree is entered without the application, approval, or consent of either party by any court of competent jurisdiction approving a petition seeking reorganization of said party or appointing a receiver, trustee, or liquidator of said party, or of all or a substantial part of any of the assets of said party, and such order, 16 #10..
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judgment, or decree remains unstayed and in effect for a period of ninety (90) days from the date of entry thereof.
SECTION 10. REMEDIES
10.1. CITY's Remedies. Upon the occurrence of an Event of Default by SUBCONTRACTOR, CITY may:
10.1.1. Seek specific performance of SUBCONTRACTOR's obligations or injunctive relief, as applicable;
10.1.2. Demand and receive payment of all amounts due CITY under the terms of this Scope of Work and the payment of all costs, direct damages, expenses of CITY arising due to SUBCONTRACTOR' s Event of Default; and terminate this Scope of Work by written notice of termination to SUBCONTRACTOR. Upon proper termination of this Scope of Work, SUBCONTRACTOR shall surrender occupancy of the Courses to CITY.
No remedy granted to CITY is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, or by statute. No delay or omission by CITY to exercise any right accruing upon an Event of Default shall impair CITY's exercise of any right or shall be construed to be a waiver of any Event of Default or acquiescence thereto.
IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS TO THE PARTIES FROM
THE PERFORMANCE OF THIS SCOPE OF WORK, IT IS AGREED THAT
NOTWITHSTANDING ANY OTHER PROVISION, IN NO EVENT SHALL
SUBCONTRACTOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SCOPE OF WORK
OR PERFORMANCE OR NON-PERFORMANCE HEREUNDER (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOST BUSINESS AND LOSS OF GOODWILL) EVEN IF ADVISED OR A WARE OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. SUBCONTRACTOR's Remedies. Upon the occurrence of an Event of Default by CITY, SUBCONTRACTOR may:
10.2.1. Seek specific performance of CITY's obligations or injunctive relief, as applicable;
10.2.2. Demand and receive payment of all amounts due SUBCONTRACTOR under the terms of this Scope of Work and the payment of all costs, damages, expenses, due to CITY's Event of Default;
No remedy granted to SUBCONTRACTOR is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, or by statute. No delay or omission by SUBCONTRACTOR to exercise any right accruing upon an Event of Default shall impair SUBCONTRACTOR's exercise of any right or shall be construed to be a waiver of any Event of Default or acquiescence thereto.
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10.3. Litigation. To the fullest extent permitted by applicable law, in the event of any litigation or arbitration relating to or arising under this Scope of Work, the prevailing party shall be entitled to reasonable attorneys' fees and court costs through all pretrial, trial, appellate, administrative, and post-judgment proceedings. The "prevailing party" shall mean the party whose position is substantially upheld by the final court or arbitration panel to consider the matter; the prevailing party shall be as determined by the court or arbitration panel in such proceeding.
SECTION 11. GENERAL TERMS
11.1. Exhibits. All Exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. If any Exhibits are subsequently changed by the mutual written Scope of Work of the parties, the Exhibits shall be modified to reflect such change or changes and dated and initialed by the parties.
11.2. Entire Scope of Work. This Scope of Work and the Exhibits hereto embody the entire Scope of Work and understanding of the parties relating to the subject matter hereof and supersede all prior representations, Scope of Works, and understandings, oral or written, relating to such subject matter.
11.3. Amendment and Waiver. This Scope of Work may not be amended or modified in any way except by an instrument in writing executed by all parties hereto; provided, however, either party may, in writing, (i) extend the time for performance of any of the obligations of the other, (ii) waive any inaccuracies and representations by the other contained in this Scope of Work, (iii) waive compliance by the other with any of the covenants contained in this Scope of Work, and (iv) waive the satisfaction of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Scope of Work.
11.4. Proprietary Information. The trade names, trademarks and logos of CITY (collectively, the "CITY Marks") shall be used by SUBCONTRACTOR only in connection with the performance of the services provided under this Scope of Work and as otherwise provided in this Scope of Work or as agreed upon by CITY; provided, however, that CITY agrees that SUBCONTRACTOR may use the CITY Marks in its marketing and promotional materials as a course managed by SUBCONTRACTOR. All specifically identifiable information developed by SUBCONTRACTOR for CITY at the expense of CITY shall be the property of both SUBCONTRACTOR and CITY and such information may continue to be used by CITY at the Courses beyond any expiration or termination of this Scope of Work; provided, however, that CITY may not use or grant others the right to use such information at any other location nor disclose or grant any rights to such information to any third party. All of SUBCONTRACTOR's proprietary information, including (i) trade names, trademarks and logos as well as programs that have been or may be developed by SUBCONTRACTOR, and (ii) software and technology, shall remain the exclusive property of SUBCONTRACTOR and neither CITY nor any of its affiliates or successors may use or disclose such proprietary information without the advance written consent of SUBCONTRACTOR. The obligations and restrictions contained in this Section shall survive the expiration or termination of this Scope of Work for any reason. 18 #10..
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11.5. No Partnership or Joint Venture. Nothing contained herein shall be deemed or construed by the parties hereto or by any third party as creating the relationship of (i) a partnership, or (ii) a joint venture between the parties hereto; it being understood and agreed that neither any provisions contained herein nor any acts of the parties hereto shall be deemed to create any relationship between the parties hereto other than the relationship of independent SUBCONTRACTOR.
11.6. Restriction as to Employees. During the Term and for a period of two (2) years after the end of the Term, it is agreed that CITY and/or its agents and SUBCONTRACTORs shall not, directly or indirectly, seek to contact, entice, or discuss employment or contracting opportunities with any General manager of the Course.
11. 7. Assignment; Successors and Assigns.
11. 7 .1. This Scope of Work may not be assigned by either party hereto without the express written consent of the other party.
11.7.2. This Scope of Work shall be binding upon and ensure to the benefit of the parties hereto and their respective successors, legal representatives, and permitted assigns.
11.8. Severability. Except as expressly provided to the contrary herein, each section, part, term, or provision of this Scope of Work shall be considered severable, and if for any reason any section, part, term, or provision herein is determined to be invalid and contrary to or in conflict with any existing or future law or regulation by a court or governmental agency having valid jurisdiction, such determination shall not impair the operation of or have any other effect on other sections, parts, terms, or provisions of this Scope of Work as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the parties hereto, and said invalid sections, parts, terms, or provisions shall not be deemed to be a part of this Scope of Work.
11.9. Survival. All covenants, Scope of Works, representations, and warranties made herein shall survive the execution and delivery of (i) this Scope of Work, and (ii) all other documents and instruments to be executed and delivered in accordance herewith, and shall continue in full force and effect.
11.10. Applicable Law. This Scope of Work shall be interpreted under and be governed by the laws of the State of California.
11.11. Venue. Should either party institute suit for enforcement or interpretation of any provision contained herein, the venue of such action shall be in Stanislaus County, California.
11.12. Accord and Satisfaction; Allocation of Payments. No payment by CITY or receipt by SUBCONTRACTOR of a lesser amount than that which is owed to SUBCONTRACTOR shall be deemed to be other than on account of such amounts owed to SUBCONTRACTOR, nor shall any endorsement or statement on any check or letter accompanying any check or payment to SUBCONTRACTOR be deemed an accord and satisfaction, and SUBCONTRACTOR may 19 #10..
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accept such check or payment without prejudice to SUBCONTRACTOR's right to recover the balance of the amounts owed to SUBCONTRACTOR or pursue any other remedy provided for in this Scope of Work or as otherwise provided at law or in equity.
11.13. Construction and Interpretation of Scope of Work. This Scope of Work shall be governed by and construed under the laws of the State of California. Should any provision of this Scope of Work require judicial interpretation, it is agreed that the court interpreting or considering same shall not apply the presumption that the terms hereof shall be more strictly construed against a party by reason of the rule or conclusion that a document should be construed more strictly against the party who itself or through its agent prepared the same. It is agreed and stipulated that all parties hereto have equally participated in the preparation of this Scope of Work and that legal counsel was consulted by each party before the execution of this Scope of Work.
11.14. Captions. Captions, titles to sections, and paragraph headings used herein are for convenience of reference and shall not be deemed to limit or alter any provision hereof.
11.15. Governing Document. This Scope of Work shall govern in the event of any inconsistency between this Scope of Work and any of the Exhibits attached hereto or any other document or instrument executed or delivered pursuant hereto or in connection herewith.
11.16. Outside Businesses. Nothing contained in this Scope of Work shall be construed to restrict or prevent, in any manner, any party or any party's affiliates, parent corporations, or representatives or principals from engaging in any other businesses or investments, nor shall CITY or SUBCONTRACTOR have any right to share or participate in any such other businesses or investments of the other party.
11.17. Counterparts; Facsimile or E-Mailed Signatures. This Scope of Work may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same Scope of Work. Facsimile signature or scanned and e-mailed signature shall be as effective as an original signature.
11.18. Force Majeure. The provisions of this Section shall be applicable if there shall occur during the Term any (i) strikes, lockouts, or labor disputes, (ii) inability to obtain labor or materials, or reasonable substitutes therefor, (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire, or other casualty, or (iv) other conditions beyond the reasonable control of the party obligated to perform.
If either party shall, as the result of any of the above-described events, fail punctually to perform any obligation on its part to be performed under this Scope of Work, then such failure shall be excused and not be a breach of this Scope of Work by the party claiming an unavoidable delay (an "Unavoidable Delay"), but only to the extent the delay is occasioned by such event. If any right or option of either party to take any action under or with respect to the Term is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time or such named date shall be deemed to be extended or delayed, as the case may be, upon written notice, as provided above, for a time equal to the period of the Unavoidable Delay. Notwithstanding anything contained herein to the contrary, the provisions of this Section shall not be applicable to either party's obligation to pay any sums, 20 #10..
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monies, costs, charges, or expenses required to be paid pursuant to the terms of this Scope of Work.
11.19. Certain Services Excluded. Notwithstanding anything else contained in this Scope of Work to the contrary, SUBCONTRACTOR's services are limited to those specifically noted in the Scope of Work and do not include, among others and without limitation, architectural, engineering, design or general contracting services, facility planning services, accounting or taxrelated assistance or advice, legal advice or services, expert witness services, cost report preparation, data processing or information services, or feasibility studies.
SUBCONTRACTOR's services will not constitute an audit, review or compilation or any other type of financial statement reporting or consulting engagement subject to the rules of the AICP A or other similar bodies. SUBCONTRACTOR will not be expressing any professional opinions and makes no representations or warranties in conjunction with this engagement.
11.20. Bankruptcy Obligations. SUBCONTRACTOR shall have no obligation to provide any services under this Scope of Work in the event that CITY becomes a debtor under the Bankruptcy Code, and, in accordance with the termination provisions hereof, may terminate this Scope of Work in such event. In the event that CITY is or becomes a debtor under Chapter 11 of the Bankruptcy Code and SUBCONTRACTOR agrees to provide services to CITY post-petition; the parties shall enter into a revised written Scope of Work or an amendment to this Scope of Work to govern their respective rights and obligations as part of CITY's bankruptcy case.
Notwithstanding the foregoing, CITY expressly agrees that SUBCONTRACTOR shall be compensated by CITY for any and all efforts by SUBCONTRACTOR to comply with all requirements or requests for information placed upon SUBCONTRACTOR in an Insolvency Proceeding by CITY, any receiver, trustee or liquidator for CITY or any property of CITY, any assignee for the benefit of creditors, or any trustee in any case under chapter 7 of the Bankruptcy Code, at an hourly rate set by SUBCONTRACTOR in its reasonable discretion, in addition to the out-of-pocket expenses incurred by SUBCONTRACTOR in connection with the Insolvency Proceeding (the "Insolvency Administration Fees" ). All such Insolvency Administration Fees shall be considered "Operating Expenses" under this Scope of Work.
11.21. No Third-Party Beneficiaries. Nothing herein contained shall be deemed to establish any rights of third parties against the parties hereto; it being the intent that the rights and obligations set forth herein are those of the parties hereto alone, with no third-party beneficiary rights intended.
11.22. Closure of a Course. In the event that CITY decides, for whatever reason, to close one of the Courses during the term of the Scope of Work the parties shall negotiate in good faith to restructure this Scope of Work to consider that new circumstance and its effect upon the services to be provided by SUBCONTRACTOR and the Management Fees and other expenses to be paid by the CITY.
11.23. Discretion of CITY. CITY's execution of this Scope of Work in no way limits the discretion of CITY in the permit and approval process in connection with any improvements by SUBCONTRACTOR.
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of the respective Parties represents and warrants that he/she is duly authorized to execute this Scope of Work on behalf of the respective Parties.
11.25. Non-Liability of CITY Officials, Employees and Agents. No member, official, employee or agent of CITY shall be personally liable to SUBCONTRACTOR in the event of any default or breach by CITY or for any amount which may become due to SUBCONTRACTOR or its successor or on any obligation under the terms of this Scope of Work.
11.26. Arbitration. Any dispute or claim arising out of or related to this Scope of Work, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award &ttorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages, except that attorney's fees may be awarded to the prevailing party in accordance with Section 12.3 above. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section. The arbitration shall be held in Sacramento, California; both parties give their irrevocable consent to jurisdiction of the courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection. 22 #10..
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EXHIBIT (i)
DEFINITIONS
All capitalized terms referenced or used in the Management Services Scope of Work (the "Scope of Work") and not specifically defined therein shall have the meaning set forth below in this Exhibit (i), which is attached to and made part of the Scope of Work for all purposes.
1. Affiliate(s). The term "Affiliate(s)" shall mean a Person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with the Person in question and any officer, director, or trustee, and any stockholder or partner of any Person referred to in the proceeding clause owning fifty percent (50%) or more of such Person. For purposes of this definition, the term ' control' means the ownership of fifty percent (50%) or more of the beneficial interest of the voting power of the appropriate entity.
2. Courses. The term "Courses" shall mean the golf courses to be operated as "Dryden Golf Course" and "Creekside Golf Course" located on and operated from the Real Property.
3. Comparable Courses. The term "Comparable Courses" shall mean other municipal golf courses with comparable operating budgets in California, including Swenson Golf Course in Stockton and Haggin Oaks Golf Course in Sacramento.
4. Environmental Laws. The term "Environmental Laws" shall mean all current and future federal, state and local statues, regulations, ordinances, and rules relating to (i) the emission, discharge, release, or threatened release of a Hazardous Material into the air, surface water, groundwater, or land; (ii)the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation, or investigation of a Hazardous Material; or (iii) the protection of human health, safety, or the indoor or outdoor environment, including, without limitation, the Clean Air Act, the Federal Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Occupational Safety and Health Act, all amendments thereto, all regulations promulgated thereunder, and their state or local statutory and regulatory counterparts.
5. Gross Revenues. The term "Gross Revenues" shall mean all monthly receipts related to or derived from the Clubhouse Operations from cash or credit transactions recognized during the Term, computed on an accrual basis, including, but not limited to, greens fees, golf car rental fees, income derived from the investment of Gross Revenues, the amount of all sales (wholesale or retail) of food, beverages, goods, wares, or merchandise on, at, or from the Property, or for services of any nature performed on, at, or from the Property in accordance with generally accepted accounting principles applied on a consistent basis. Gross Revenues shall be reduced by any refunds, rebates, discounts, and credits of a similar nature given, paid, or returned by SUBCONTRACTOR or CITY in the course of obtaining such Gross Revenues.
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Gross Revenues shall not include:
• Applicable gross receipts taxes, admission, caberet, excise, sales, and use taxes, or similar governmental charges collected directly from customers or their guests or as a part of the sales price of any goods or services; • Proceeds of borrowings by CITY;
• Proceeds paid as a result of an insurable loss, unless paid for the loss or interruption of business, to the extent such sums are used to remedy said loss; or • CITY' s Advances.
Any of the above provisions resulting in a double exclusion from Gross Revenues shall be allowed as an exclusion only once.
6. Hazardous Material. The term "Hazardous Material" shall mean any solid, liquid, or gaseous substance, chemical, compound, product, byproduct, waste, or material that is or becomes regulated, defined, or designated by any applicable federal, state, or local governmental authority or by any Environmental Law as hazardous, extremely hazardous, imminently hazardous, dangerous, or toxic, or as a pollutant or contaminant, and shall include, without limitation, asbestos, polychlorinated biphenyls, and oil, petroleum, petroleum products and petroleum byproducts.
7. Improvements. The term "Improvements" shall mean the improvements, structures, and fixtures placed, constructed, or installed on the Real Property for the Courses, and any additions or subsequent modifications thereto.
8. Insecurity Event. The term 'Insecurity Event" shall mean the occurrence of any one or more of the following events: (a) there shall occur a default under any Scope of Work, document or instrument, other than this Scope of Work, to which CITY is a party, the consequences of which could reasonably be expected to have a Material Adverse Effect; (b) any statement, report, financial statement or certificate made or delivered by CITY, or any of its officers, employees or agents, to SUBCONTRACTOR is untrue, incomplete or incorrect in any material respect; ( c) any of CITY' s assets are attached , seized, levied upon or subjected to a writ or distress warrant, or come within the possession of any receiver, trustee, custodian or assignee for the benefit of creditors and the same is not cured within thirty (30) days thereafter; ( d) an application is made by any person, other than CITY, for the appointment of a receiver, trustee, or custodian for any of CITY's assets and the same is not dismissed within thirty (30) days after the application therefor; (3) any material change in CITY's capital structure or in any of its business objectives, purposes and operations which might in any way adversely affect the repayment of its obligations to SUBCONTRACTOR pursuant to this Scope of Work; or (f) any other event or occurrence, which, in the reasonable discretion of SUBCONTRACTOR, could materially and adversely affects CITY's ability to repay its obligations to SUBCONTRACTOR pursuant to this Scope of Work.
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9. Intangible Personal Property. The term "Intangible Personal Property" shall mean all intangible property or rights owned or held by CITY in connection with the Courses, including, but not limited to, security deposits, prepaid rents, liquor and operating licenses, and all trademarks related to the Courses.
10. SUBCONTRACTOR. The term "SUBCONTRACTOR" means Kemper Sports Management, Inc., an Illinois corporation, and its successors, legal representatives, and permitted assigns.
11 . Management Services. The term "Management Services" shall mean the services provided by SUBCONTRACTOR pursuant to this Scope of Work.
12. Material Adverse Effect. The term "Material Adverse Effect" shall mean any event that has a material adverse effect on (i) the business, assets, operations or financial or other condition of CITY, and (ii) CITY's ability to pay the amounts owed to SUBCONTRACTOR in accordance with the terms hereof.
13. Operating Expenses. The term "Operating Expenses" shall mean all operating expenses incurred or paid in connection with the Clubhouse Operations, computed on an accrual basis, including, but not limited to, the following items:
• Salaries, wages, employee benefits, and payroll expenses, including without limitation, payroll service bureau fees, payroll taxes, profit sharing programs, and insurance for all employees employed on-site in for the Clubhouse Operations (collectively, the "Gross Payroll");
• Marketing, advertising, and promotional expenses;
• Purchase and replacement, as necessary, of inventories of parts and supplies, food stores and bar supplies;
• Purchase and replacement, as necessary, of silver, chinaware, glassware, cooking utensils, and other similar items of equipment;
• Purchase and replacement, as necessary, of office supplies, computers, restaurant and kitchen equipment, printers, facsimile machines, photocopiers, postage, printing, routine office expenses, and accounting services incurred in the on-site Clubhouse Operations;
• Rental or lease payments and applicable taxes for golf cars, and any other major items of furniture, fixtures, or equipment;
• The costs of IT consultants and other consultants utilized for the Clubhouse Operations;
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• Reasonable travel expenses of on-site employees incurred exclusively in connection with the business of the Clubhouse Operations;
• Accrual of a reserve for insurance (including workers' compensation) and property taxes each month in an amount or at a rate that it sufficient to pay such insurance premiums or property taxes when they become due and payable; • Insurance premiums and property taxes, to the extent not provided for in the reserve established therefore and any deductible amounts required to be paid pursuant to the Courses' insurance coverage;
• Accounts receivable previously included within Gross Revenues, to the extent they remain unpaid ninety (90) days after the first billing; • Auditing, accounting costs, computer fees (including costs to license and maintain accounting software), and legal fees incurred in respect of the Clubhouse Operations, including any reasonable financial management and reasonable accounting fees paid to third party accounting firms, if included in the Budgets; • Costs incurred for utilities, including, but not limited to, all electric, gas, and water costs, and any other private utility charges incurred in connection with the Clubhouse Operations;
• Ordinary maintenance and repairs ( other than the course maintenance and other maintenance included in the definition of Excluded Services), exclusive of any capital improvements or capital replacements, which are hereby excluded; • The amount to be retained for purposes of maintaining Working Capital at an appropriate level;
• Out-of-pocket expenses, limited to $2,000 over a 12-month period at the outset of the Agreement, incurred by SUBCONTRACTOR in providing the Management Services under the terms of the Agreement, including without limitation, reasonable travel for employees employed on-site at the Property and SUBCONTRACTOR's other employees while engaged in performing the obligations of SUBCONTRACTOR under the Scope of Work;
• All expenses set forth in the approved Budgets; and
• All other customary and reasonable expenses incurred in the Clubhouse Operations and Improvements, excluding course maintenance.
Any of the above provisions resulting in a double inclusion as an Operating Expense shall be allowed as an inclusion only once.
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Operating Expenses shall not include (i) depreciation or amortization, (ii) principal or interest payments on indebtedness, and (iii) federal, state and local income taxes of any nature or kind incurred by CITY or SUBCONTRACTOR.
14. Unanticipated and Emergency Expenditures. The term "Unexpected Expenditures" and "Emergency Expenditures" shall include all expenses incurred or paid as a result of damage to equipment and physical plant including, but not limited to, the golf courses and the buildings.
15. CITY. The term "CITY" means the City of Modesto, California and its successors, legal representatives, and permitted assigns.
16. Person. The term "Person" shall mean any individual, partnership, corporation, association, or other entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such Person where the context so permits; and, unless the context otherwise requires, the singular shall include the plural, the masculine shall include the feminine and the neuter, and vice versa.
17. Personal Property. The term "Personal Property" shall mean the Intangible Personal Property and the Tangible Personal Property.
18. Property. The term "Property" shall mean (i) the Improvements, (ii) the Personal Property and (iii) the Real Property.
19. Real Property. The term "Real Property" shall mean that certain parcel of land upon which the Courses are located, the legal description of which is attached hereto as Exhibit B.
20. Tangible Personal Property. The term "Tangible Personal Property" shall mean all equipment, machinery, fixtures, furnishings, accessories, and other tangible personal property placed or installed, or to be placed or installed on or about the Real Property and used as a part of or in connection with the operation of the Courses.
21. Working Capital. The term "Working Capital" shall mean an amount sufficient to pay Operating Expenses for any given month.
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EXHIBITE
PRICING SCHEDULE
THE PAYMENT OF PREVAILING WAGE IS REQUIRED
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct in the reasonable discretion of the City. * * Management and Maintenance for all (3) Golf Courses unless otherwise specified Annual Expenditures
Landscape Maintenance
Operation Management (Dryden & Creekside)
Water Utility
Marketing Budget
Vandalism/Arbor Care/Capital Improvements
Irrigation Repairs
Field Maintenance (MUNI)
Green Waste and Litter Removal (MUNI)
Subtotal
Faithful Performance and Payment Bond (One-Year Cost renewed annual I
Grand Total I
Labor Rate for Additional Services (Prevailing Wage)
$1 ,184,000/Yr
$1 , 135,850/Yr
$150,000/Yr
$18~000/Yr
$66,000/Yr
$28,000/Yr
$ 33,500/Yr
$4,250/Yr
$2,619,600/Yr
$13,048/Yr
$2,632,648Nr I
$25.00/Hourly Rate
Any additional work outside of the scope of service specified in the proposal shall be billed at the hourly rate. The CONTRACTOR shall submit a quotation to the City Representative for review and approval.
Materials shall be at the CONTRACTOR's landed cost less any earned discounts, plus a mark-up of 20%, plus sales tax. When called for by the CITY, the CONTRACTOR shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the CITY. #10..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
November 7, 2023
Date: October 11, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Mary E. Grogan Park Synthetic Turf Replacement Design Award CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement project for a total amount not to exceed $88,000. (Funding Source: American Rescue Plan Act) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
Mary E. Grogan Park is a 43-acre master planned Community Park that is located on Cityowned property in the Village One Community Planning Area, in northeast Modesto. The park was master planned in 2004. In 2011, the Master Plan was updated to include a police precinct and fire station into the park design.
In Phase 1, approximately twenty-eight (28) acres of the Community Park have already been constructed. This phase includes seven (7) lighted soccer fields enclosed with a perimeter fence and gates, of which three (3) are synthetic turf fields. These three (3) synthetic turf fields are heavily utilized throughout the year for various local and regional soccer tournaments, as well as seasonal youth soccer leagues. The sports complex is the largest of its kind in Modesto and hosts several regional soccer tournaments annually.
DISCUSSION:
The Mary E. Grogan Community Park Synthetic Turf Replacement project will replace the existing three (3) synthetic turf fields with new synthetic turf. In addition, the project will include related repairs to the existing irrigation and drainage systems as needed.
In accordance with Administrative Directive 3.1, “Selection Procedures for Professional Consultants Who Provide Architectural & Engineering for Capital Projects”, staff initiated a #11..
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City Council, November 7, 2023
Mary E. Grogan Park Synthetic Turf Replacement Design Award