CITY OF AUBURN HILLS GOLF COURSE RFQ, MAINTENANCE CONTRACT & SPECIFICATIONS

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1 CITY OF AUBURN HILLS GOLF COURSE RFQ, MAINTENANCE CONTRACT & SPECIFICATIONS Golf Course Course Maintenance City Administration 1984 Taylor Road 2234 Taylor Road 1827 N. Squirrel Rd. Auburn Hills, MI Auburn Hills, MI Auburn Hills, MI Revision 11/27/12/golffiles/maintenance/maint contract/ 1

2 INVITATION TO BID BID: GOLF COURSE MAINTENANCE CONTRACT & SPECIFICATIONS FIELDSTONE GOLF CLUB OF AUBURN HILLS CITY OF AUBURN HILLS Description: The City of Auburn is soliciting proposals from experienced and qualified firms to provide maintenance services for the Fieldstone Golf Club. All documents listed below and within the specifications shall be received prior to the specified time of opening. Bid opening is scheduled for Thursday, the 17 th of January, 2013 at 11:00 a.m. NO LATE BIDS WILL BE ACCEPTED. Bids are considered received when received and date stamped by the office of the City Clerk. Envelopes are to be clearly marked. Sealed bids will be submitted to the Office of the City Clerk at 1827 N. Squirrel Road, Auburn Hills, Michigan The City reserves the right to reject any or all bids or waive any irregularities which it deems in the best interest of the City. The following summarize the necessary documents needed for completion of the bid process: 1. Details Listed within the RFQ (Request for Qualifications) Sections (page 5). 2. Fill in Company Information, page Fill in Consideration & Payment Schedule (Company Information & Contract Amounts), page 14, No. 20, Section Notarized Page will be finalized with the final approval by the Auburn Hills City Council and forwarded to Contractor if awarded (page 17). 5. Additional pricing (page 35). 6. Exhibit E, Equipment Inventory (pages 39 & 40). 7. Bid Bond: a Cashier s Check, a Company Check or a Money Order made out to the City of Auburn Hills in the amount of $2, must accompany each bid. The bid bond will be returned upon award of the contract by the City Council (page 12). 8. Value Added Items (page 41). All questions regarding this contract should be directed to the City of Auburn Hills, Fieldstone Golf Club at (248) , extension 2 or 4, ask for Gordon Marmion (248) cell. Golf course meetings / tours / site visits will be made by contacting Gordon to set appointments. Note: Topography maps, golf course construction plans and irrigation plans are all available at the golf course for further review (copies available). 2

3 TABLE OF CONTENTS I. REQUEST FOR QUALIFICATIONS (RFQ) 5 II. AGREEMENT TERMS & CONTRACT CONDITIONS 1. Agreement 6 2. Interpretation & Addenda 6 3. Examination of site / Golf Course Plans & Specifications 6 4. Price Guarantee 6 5. Definitions 6 6. Locations 7 7. Terms of Contract 7 8. Level of Maintenance 8 9. Reporting Records Emergency Services Course Temporarily Out of Play Course Out of Operation Materials to be provided by Contractor & City Claims by Contractor s Employees Use of City Maintenance Buildings Liability for Damages Bonds Insurance Consideration and Payment Schedule Contractor s Labor & Wage Rate Unsatisfactory Employees Policy on Drug Free Workplace Assignment of Contract Compliance with Applicable Laws Advertising Golf Course Improvements Vandalism Recovery of Attorneys Fees Qualifications of Contractor Notary 17 III. GOLF COURSE MAINTENANCE SERVICE DESCRIPTION AND SPECIFICATIONS EXHIBIT A Golf Course Topographical & Hole Designs Plans Existing 1. Bentgrass Greens, Collars & Practice Greens Bentgrass Tees & Practice Facility Tee Bentgrass Fairways / Practice Facility Fairway Bluegrass / Ryegrass / Fine Fescue Roughs Native Grass Areas Bunkers Clubhouse & Common Areas Shrubs & Ground Cover Tree Care Mulching Plant Material Disposal 25 3

4 III. GOLF COURSE MAINTENANCE SERVICE DESCRIPTION AND SPECIFICATIONS EXHIBIT A 12. Severe Weather Cleanup Typical Weather Weed Control Soil Management Monofilament Trimming Perimeter Maintenance Fences Cart Path Maintenance Lakes, Ponds and Streams Irrigation Golf Course Set-Up Fertilization, Disease, Weed and Insect Programs Miscellaneous Responsibilities Work Schedule & Addenda 31 IV. EXHIBIT B ITEMIZED BID FORMS 1. Bentgrass Greens & Collars Bentgrass Tees Bentgrass Fairways Bluegrass / Ryegrass / Fine Fescue Roughs Native Grass Areas Bunkers Clubhouse & Common Areas Supplemental Maintenance Items Supplemental Pricing & Signature Page 35 V. EXHIBIT C - PUMPS 1. Commercial Pumps Golf Course Irrigation Plans Plans Existing VI. EXHIBIT D MAINTENANCE WORKSHEET 38 VII. EXHIBIT E GOLF COURSE EQUIPMENT INVENTORY 39 (sample format) VIII. VALUE ADDED ITEMS 41 4

5 I. REQUEST FOR QUALIFICATIONS (RFQ), CITY OF AUBURN HILLS, FIELDSTONE GOLF CLUB GOLF COURSE MAINTENANCE CONTRACT We invite you to participate in our contractor qualification process. The intent of the RFQ (Request for Qualifications) is to better understand the capabilities of the contractor. All aspects of the bid process will be assessed to include RFQ (up to 400 points) and the final bid cost (up to 400 points) which will enable the evaluation group to award the contract to the most qualified bidder. (Please provide answers to all questions, identifying the number of the question you are answering.) Company Information & Management Plan (400 points maximum) 1.0 Provide the legal entity with whom the City of Auburn Hills will contract, i.e., sole proprietorship, joint venture or corporation. 2.0 List a company directory of employees that will be considered mangers of the maintenance contract. Company address, company representative names, phone numbers and Describe Company size, structure and statement describing financial capability to perform. 4.0 Provide a list of all golf courses that your company performed entire course maintenance programs within the past ten years. List all golf courses on your golf maintenance portfolio scheduled for Provide References. 6.0 Include a minimum of three (3) superintendent resumes that would be considered for full time employment to fulfill the maintenance contract at Fieldstone Golf Course. Each candidate must be a G.C.S.A.A., Class A Superintendent with a minimum 5 years experience as the head superintendent at an 18 hole golf course. 7.0 Submit a staff summary detailing number of employees, positions according to spring, summer, Fall & Off Season that will be necessary in order to fulfill the obligations of the Maintenance Contract. 8.0 Describe you company training, safety, certifications and quality assurance programs. 9.0 Include a complete list of all equipment that will be utilized to perform the contract. Include building equipment and supplies that your company will be providing Include a chemical & fertilizer program that summarizes a typical golf season for applications Points for Bid Amounts 400 points = Low Bid 350 points = Second Low 300 points = Third Low 250 points = Fourth Low 200 points = Fifth Low 150 points = Sixth Low 100 points = Seventh Low 5

6 II. AGREEMENT TERMS & CONTRACT CONDITIONS 1. AGREEMENT GOLF COURSE MAINTENANCE CONTRACT CITY OF AUBURN HILLS, FIELDSTONE GOLF CLUB 1984 TAYLOR ROAD AUBURN HILLS, MICHIGAN THIS AGREEMENT made and entered into this day of, by and between THE CITY OF AUBURN HILLS & Hereinafter designated as "CONTRACTOR". ARTICLE I: All attachments and exhibits to this Agreement and every other Contract Document are hereby incorporated in and made a part of this Agreement, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns to hereby agree to full performance of the covenant contained therein. IN WITNESS WHEREOF, the parties agree, and have executed this instrument in duplicate on the day and year first above written. 2. INTERPRETATION AND ADDENDA No oral interpretations will be made to the vendor as to the meaning of the Specifications and Drawings. Interpretations, if made, will be written in the form of an addendum and agreed upon by both parties. 3. EXAMINATION OF THE SITE/GOLF COURSE PLANS & SPECIFICATIONS No additional compensation nor relief from any obligations of the Contract will be granted because of lack of knowledge of the site or conditions under which the work will be executed, i.e., general working conditions, labor requirements, weather conditions, accessibility, condition of the premises, any obstructions, drainage conditions, actual grades, and irrigation systems. 4. PRICE GUARANTEE The Contractor is responsible for his prices throughout the life of any Contract entered into between Contractor and Owner. 5. DEFINITIONS Whenever the definition of words or pronouns occur in the document, they shall have the following meaning: A. The words CITY or CITY OF AUBURN HILLS shall refer to the present CITY OF AUBURN HILLS. B. The words "CLIENT REPRESENTATIVE" shall refer to the person holding the position of legal representative of the CITY OF AUBURN HILLS. C. The word CONTRACTOR shall be CONTRACTOR NAME, which is entering into a contract with the CITY OF AUBURN HILLS for the performance of work and the furnishing of material, equipment and supplies required by the Contract documents, and the legal representatives or the agent appointed to act for said CONTRACTOR in the performance of the contract. Said party is referred to throughout the Contract documents as if of the singular number and neuter gender. 6

7 D. The word SUPERINTENDENT shall mean the qualified and certified by the Golf Course Superintendent s Association of America, in the employment of CONTRACTOR, and is responsible for the supervision of all maintenance personnel assigned to the golf course by the CONTRACTOR. E. The word SUBCONTRACTOR shall mean any person, firm, corporation or entity performing work or labor, or rendering services or furnishing materials or supplies to CONTRACTOR in any amount in excess of one-half (1/2) of one percent (1%) of CONTRACTOR'S total bid. F. Whenever in the Contract documents the words "directed", "required", "permitted", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the CLIENT REPRESENTATIVE is intended, and similarly the import, shall mean approved by, acceptable to, or satisfactory to the CLIENT REPRESENTATIVE unless otherwise expressly stated. G. The word MANAGER shall mean the person holding the position of GOLF COURSE MANAGER, GOLF PROFESSIONAL at the golf course. H. HOLES #1-18 shall refer to and include greens, collars, tees, fairways, roughs, bunkers, natural areas, water hazards and lateral water hazards as defined by the boundaries of the golf course. DRIVING RANGE shall include all of the practice area, tee, target greens, fairway and surrounding rough areas. PRACTICE GREENS refer to all practice green areas. CLUBHOUSE AND COMMON AREAS encompass the non-golf course grounds around Clubhouse, Golf Car Storage Building, Parking Lot, Roadway and Main Entrances. 6. LOCATION FIELDSTONE GOLF CLUB OF AUBURN HILLS MAINTENANCE BUILDING 1984 TAYLOR ROAD 2234 TAYLOR ROAD AUBURN HILLS, MICHIGAN AUBURN HILLS, MICHIGAN IRRIGATION PUMPHOUSE GIDDINGS ROAD Contact Persons: Mr. Peter Auger, City Manager (248) Mr. Tom Tanghe, Assistant City Manager (248) Mr. Gordon Marmion, Golf Course Manager (248) TERMS OF CONTRACT The term of this Agreement shall be for a period of five (5) years (to begin on February 20, 2013 and completing on February 19, 2018). The CITY OF AUBURN HILLS reserves the right to terminate the Agreement unilaterally, for cause, at any time upon sixty (60) days written notice by certified or registered mail to the CONTRACTOR. "For Cause", shall be deemed to include, but not be limited to; the breach of any material provision of this Agreement; the failure to timely correct any deficiency which has been noticed as herein provided; the willful neglect of the CONTRACTOR'S duties; or the intentional or negligent conduct or misconduct of the CONTRACTOR, or any subcontractor, as a result of which the CITY OF AUBURN HILLS has been or is likely to be subjected to substantial liability and as to which CONTRACTOR does not defend and indemnify the CITY OF AUBURN HILLS. The CITY OF AUBURN HILLS and CONTRACTOR shall, ninety (90) days prior to expiration of each term, notify the other as to the intent of the negotiating of the renewal of the agreement term. A meeting shall be scheduled no later than sixty (60) days before the expiration of the existing term to discuss renewal. 7

8 If negotiations are still in progress at the end of any term previously agreed upon, the CITY OF AUBURN HILLS and CONTRACTOR may continue performance as required herein on a month-to-month basis until a new agreement is entered into or the CITY OF AUBURN HILLS terminates the relationship in accordance with the described provisions in the above paragraph. During such period of month-to-month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least sixty (60) days after written notice to the CITY OF AUBURN HILLS of its decision to terminate the relationship, and the CITY OF AUBURN HILLS shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 8. LEVEL OF MAINTENANCE A. STATEMENT OF INTENT The Golf Course Maintenance Contractor is hereby made aware that the CITY OF AUBURN HILLS anticipates that the golf course landscape maintenance at this site shall be of the very highest quality. All work to be performed within the scope of these specifications shall be strictly managed, executed, and performed by experienced personnel. B. SCOPE OF WORK The Golf Course and Landscape Maintenance shall include the complete care, maintenance and guarantee, as defined within these specifications, of Holes #1-18, driving range, practice greens, clubhouse, common areas, tees, fairways, roughs, planted trees, plants, groundcovers, lawn areas, restrooms and rain shelters within the limits of work of the FIELDSTONE GOLF CLUB OF AUBURN HILLS as well as work set forth on Exhibits A & B. The CONTRACTOR shall provide all materials, equipment, and labor required and/or inferred to perform all tasks identified within these specifications. C. GOLF COURSE MAINTENANCE INSPECTIONS 1.) Maintenance Worksheets The CONTRACTOR will also be responsible for notifying the CITY OF AUBURN HILLS and the MANAGER through Maintenance Worksheet of any turf or maintenance problems, incidents on the golf course with employees, guests or residents and accidents, damage, injuries or vandalism. The worksheet need not to contain normal required or routine maintenance covered within the maintenance specifications. This worksheet shall be prepared on Monday the first week of each month and left with the CITY OF AUBURN HILLS on that day (incidents such as vandalism, injuries, etc shall be written and delivered within one working day). Copies of the worksheet must be left with the MANAGER on that day. These forms are very important in protecting both the CITY OF AUBURN HILLS and CONTRACTOR when discrepancies arise. Any items not called to the attention of the CITY OF AUBURN HILLS that result in any damage to the property will fall under the liability of the CONTRACTOR. 2.) Monthly Golf Course Maintenance Inspections The CITY OF AUBURN HILLS, MANAGER and a REGIONAL REPRESENTATIVE FROM THE CONTRACTOR will perform a grounds inspection on the entire property once a month. At that time, the CONTRACTOR will compile a list of the landscape and other facility related items that should be performed before the next grounds inspection. The MANAGER AND CONTRACTOR will be responsible for scheduling the monthly landscape maintenance inspections. D. GUARANTEE 1.) The CONTRACTOR shall replace, at the CONTRACTOR'S expense, all turf grasses and plant material which, in the opinion of the representative of the CITY OF AUBURN HILLS fails to maintain a healthy, vigorous condition as a result of the CONTRACTOR'S failure to perform the work specified herein. This shall include but not limited to turf damage caused by equipment or golf cars, traffic wear areas, irrigated areas that fail due to faulty heads, etc.. The CONTRACTOR shall replace, at the CONTRACTORS expense, all other elements that are identified within the attached specifications. 8

9 2.) It is the responsibility of the CONTRACTOR to notify the CITY OF AUBURN HILLS of any conditions beyond the control of the CONTRACTOR or scope of work of these specifications which may result in the damage and/or loss of plant material. This responsibility includes, but is not limited to the following: a. Vandalism and/or other abuse of the property which results in damage to the plant material. b. Areas of the site which continually hold water. c. Areas of the site which are consistently dry. The CONTRACTOR shall list any such items on the MONTHLY MAINTENANCE WORKSHEET along with recommended solutions and related cost. Projects discussed during monthly inspections shall be detailed according to line item expenses to complete. Failure of the CONTRACTOR to report such items within three weeks shall cause CONTRACTOR to incur full responsibility and cost for repair of such items. Projects discussed during monthly inspections shall be detailed according to line item expenses to complete. E. The CONTRACTOR shall provide a Superintendent, two Assistant Superintendents, a Mechanic and maintenance crew at the golf course daily, including weekends and holidays, during normal working hours, as determined by the CITY OF AUBURN HILLS & CONTRACTOR. The SUPERINTENDENT shall be the resident SUPERINTENDENT for the CITY OF AUBURN HILLS and the maintenance of the FIELDSTONE GOLF CLUB OF AUBURN HILLS shall be his sole responsibility. The CITY shall be involved in the interview and selection process of the resident SUPERINTENDENT. Final selection will be under the sole discretion of the CITY. The CONTRACTOR shall also employ sufficient English speaking supervisory personnel to act for the CONTRACTOR at all times when the SUPERINTENDENT is absent from the course, including weekends or Holidays. A personnel worksheet will be produced as part of the proposal that will detail the CONTRACT budgeted personnel to be staffed throughout the entire year and the life of the contract. The worksheet will detail the number of employees to be on hand for each work week (52 weeks) which will determine the level of services provided. January, February -- Off Season March, April -- Spring Season. May, Jun., Jul., Aug., Sept. -- Peak Season October, November -- Fall Season December -- Off Season. The golf course has been open for golf business in March and the Fall season has extended into December. The peak operating season requires a superintendent and assistant superintendent that understand 80% of the course revenues are attained during the peak season and this position will require overtime hours in order to maintain the course at its highest standards. This provision in the contract will require the contractor to detail the additional work required during such timeline as to achieve the highest performance results during the peak season. F. The CONTRACTOR must employ sufficient personnel to perform all work as specified and approved by the CITY OF AUBURN HILLS. In the case of irrigation system maintenance and repair, the CONTRACTOR shall agree to employ qualified personnel to perform this work as approved by the CITY OF AUBURN HILLS. G. All of the CONTRACTOR'S personnel shall be neat and clean at all times & wear approved uniforms. 9. REPORTING The CONTRACTOR or its representative shall meet with the MANAGER on a weekly basis and at such other times as may be required by the CITY OF AUBURN HILLS to review the performance of the Agreement and to discuss any problems or matters as determined by the CITY OF AUBURN HILLS. 9

10 10. RECORDS The CONTRACTOR shall maintain accurate books and records concerning all of its employees or agents and provide the CITY OF AUBURN HILLS with names, addresses, and telephone numbers of appropriate persons to be called in the event of an emergency by January 1 st of each year. The CONTRACTOR shall also complete a monthly maintenance report, on which is indicated the CITY OF AUBURN HILLS approval of additional work performed outside the specifications of this maintenance contract, and shall submit their completed report to the MANAGER. This report shall also contain a description, including man hours, equipment, and materials breakdown and costs used to accomplish any additional work which the CONTRACTOR and the CITY OF AUBURN HILLS agree to be beyond the scope of the contract. Payment for additional work will not be authorized unless the additional work, and costs thereof, are first approved by the CITY OF AUBURN HILLS with an approved departmental purchase order. The CONTRACTOR must also submit within the proposal a written annual maintenance schedule to the CITY OF AUBURN HILLS. This maintenance calendar shall clearly indicate all of the major maintenance tasks required by this agreement and the weeks of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the CITY OF AUBURN HILLS for approval prior to the date the changes are to take effect. The CONTRACTOR shall also permit the CITY OF AUBURN HILLS to inspect and audit its books and records at any reasonable times. 11. EMERGENCY SERVICES The CONTRACTOR shall provide the CITY OF AUBURN HILLS with the names and telephone numbers of at least two (2) qualified persons who can be contacted by the CITY OF AUBURN HILLS representatives when emergency maintenance conditions occur during hours when the CONTRACTOR'S normal workforce is not present. During periods of sufficiently inclement weather, the CONTRACTOR will provide sufficient personnel twenty-four (24) hours per day at the golf course for the purpose of sandbagging, keeping drains clear, and/or any other tasks required to prevent damage to golf course improvements and facilities. 12. COURSE TEMPORARILY OUT OF PLAY Whenever play on the golf course is temporarily suspended due to inclement weather conditions, The MANAGER shall agree as to when play can resume and carts are allowed on the course. The Golf Course MANAGER shall make the final decision. 13. COURSE OUT OF OPERATION If the golf course area is unusable for golf for any reason, including acts of nature or vandalism, the CITY OF AUBURN HILLS may declare, that an emergency condition exists and that the golf course is out of operation. The CITY OF AUBURN HILLS and CONTRACTOR will then jointly determine what changes in the normal level of maintenance, if any, may be necessary, including additional hours of labor and materials to be used. The normal consideration to be paid to the CONTRACTOR under the terms of this contract on a pro ratio basis during the period of such an emergency shall be diminished or increased only if there is a change in the overall level of service rendered by the CONTRACTOR as determined by both parties. Any increase in consideration to the CONTRACTOR shall be calculated on the basis of additional actual cost, plus fifteen percent (15%) profit. A decrease in consideration shall be calculated on the basis of the value of labor and materials which the CONTRACTOR does not have to expend as a result of an emergency condition. If the parties are unable to agree on any aspect herein, an arbitrator shall be appointed by them jointly to resolve the issue. Notwithstanding any provisions contained elsewhere in this Agreement, the CITY OF AUBURN HILLS reserves the right to perform any repair or construction work it deems advisable, including normal routing maintenance contemplated by this Agreement, with its own labor and equipment or through a third party. 10

11 14. MATERIALS TO BE PROVIDED BY CONTRACTOR & CITY The CONTRACTOR at his own cost and expense shall furnish all necessary equipment, supplies and materials necessary to complete all details as specified in Exhibit A, Golf Course Maintenance Service Description and Specifications, Holes #1-18, Practice Facility, Practice Greens, Clubhouse and Common Areas to accomplish the professional level of maintenance. These supplies and materials must be Owner approved and shall include, but not be limited to: A. All equipment necessary or appropriate for the performance of services under this Agreement, together with all necessary gas, oil, and spare parts for all equipment used by the CONTRACTOR. B. All necessary top dressing, seed, sod, fertilizers, fungicides, insecticides, and herbicides. C. Tee towels, soap, daily supplies, trap rakes, and other similar pertinent golf course equipment. D. Materials for the maintenance of drains. E. Sand for bunkers being checked frequently and added as needed. Divot mix for all fairways, tees and practice facility. F. The CITY OF AUBURN HILLS will be responsible for the payment of water bills, pump house electric bill and electricity for the five sump pumps located throughout the golf course. G. The CONTRACTOR shall not be required to bear the cost of replacing capitalized items which are part of the irrigation systems such as pumps (3), controllers (24), valves (200), irrigation heads (1,800), wiring, piping; but shall be required to perform repairs and service to the same as part of its obligations under this Contract. The contractor should maintain minimal stock of repair items needed to handle quick repairs to the system. The CITY will provide irrigation system computer and software. H. Permanent Granite monuments, tee markers, tap in markers, ball washers, waste receptacles, spike cleaning brushes & permanent golf course supplies are the responsibility of the CITY but annual painting and maintenance of such is the responsibility of the CONTRACTOR. 15. CLAIMS BY CONTRACTOR'S EMPLOYEES The CONTRACTOR shall hold harmless the CITY OF AUBURN HILLS and all of its agents, employees, consultants, directors, officers and representatives, from any and all damages, claims, liabilities, lawsuits and causes of action, of any kind or nature, which may be made or may arise directly or indirectly from the performance of duties by the CONTRACTOR, including, but not limited to any and all damages, claims, liabilities, lawsuits and causes of action which may arise either directly or indirectly from the use of any equipment, tools, or materials which the CITY OF AUBURN HILLS may supply or sell to the CONTRACTOR. In connection with possession and use of said equipment, tools, and materials the CONTRACTOR expressly acknowledges that it has examined same and hereby waives any claim, damages, lawsuits and causes of action now or in the future, against the CITY OF AUBURN HILLS arising directly or indirectly from any injuries that may be suffered by the CONTRACTOR or any of its employees or agents, or any other party from the use or condition of said equipment, and acknowledges further that the CITY OF AUBURN HILLS makes no representations or warranties of any kind or nature as to quality, quantity, fitness for use or condition of said equipment or of the golf course or any of the improvements thereon and that said equipment and the golf course and improvements thereon are acceptable, and will be used by the CONTRACTOR in their "as is, where is" condition. 16. USE OF CITY OF AUBURN HILLS MAINTENANCE BUILDINGS The CITY OF AUBURN HILLS shall provide an adequate facility and storage space for the CONTRACTOR'S supplies and equipment. The CITY OF AUBURN HILLS shall have the right of access to the service yard and buildings therein. This facility shall have the general facility structure upkeep made available at the CITY OF AUBURN HILLS expense. This facility shall have all utilities (phone service, electricity, natural gas, alarm system, water) made available at the CONTRACTOR'S expense. The maintenance building and storage buildings for maintenance will be used by the CONTRACTOR for the sole purpose of maintaining the CITY golf course. Organization and cleanliness will be required of the CONTRACTOR for use of the maintenance buildings and surrounding areas. 11

12 17. LIABILITY FOR DAMAGES The CONTRACTOR shall be fully and solely responsible for any and all damage done to the CITY OF AUBURN HILL'S property, equipment or other property of the public on golf course premises that results from the CONTRACTOR'S operations under this Agreement. This shall include but not be limited to the replacement, at the CONTRACTOR'S expense, of shrubs, trees, vines, turf, groundcover or other landscape items that are lost due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, or lack of proper maintenance and care. Except as otherwise required by law or this Agreement, lost plant material shall be replaced by comparable sized plants and of the same species and horticultural variety as the shrub or tree being replaced unless the CITY OF AUBURN HILLS and CONTRACTOR agree to the contrary. 18. BONDS The CONTRACTOR shall promptly furnish at its sole cost and expense the requisite Faithful Performance and Labor and Material Bonds with a responsible corporate surety authorized to issue such bonds in Michigan and secured through an authorized agent in the County of Oakland, said surety and bonds and their amount being subject to approval of the CITY OF AUBURN HILLS. A. Bid Bond The Contractor is to provide a Bid Bond: A Cashier s Check, a Company Check or a Money Order made out to the City of Auburn Hills in the amount of $2, must accompany each bid. The Bid Bond will be returned upon award of the contract by the City Council. B. Performance Bond: The contractor whose bid proposal is accepted and approved by the City Council will furnish at his own expense, a performance bond in the amount of five hundred thousand ($550,000.00) dollars made in the favor of the City of Auburn Hills. Release of which is conditioned upon the faithful performance of the contractor s duties as set forth in this document, provided, however, that the performance of the bonding company under the term of this contract shall in no event exceed twelve (12) months from the date of default of the Contractor. Said performance bond will be provided to the city prior to the commencement of any work associated with this contract. Failure to provide the required bond will be considered a default and the bid will be rejected. Should the contractor fail, neglect, or refuse to perform his duties under the contract, the City shall exercise its right to call upon the Bonding Company issuing the Performance Bond to take over the duties vacated by default, for a period not exceed twelve (12) months, following the date of such default. The Performance Bond must be presented to and accepted by the City and before Contract negotiations can be considered as complete Once the Performance Bond is received by the City of Auburn Hills, the Bid Bond will be released and returned to the successful bidder. 19. INSURANCE REQUIREMENT FOR WORK ON OR WITHIN CITY PROPERTY/FACILITIES A. Liability Insurance An ACORD certificate of insurance, or its equivalent, shall be furnished to the City of Auburn Hills at 1827 North Squirrel Road, Auburn Hills, Michigan evidencing insurance in force for the duration of and applicable to this contract with an insurance company acceptable to the City of Auburn Hills with a minimum A.M. BEST rating of A, and the following minimum requirements: 1.) General Liability (affording coverage not less than ISO Commercial General Liability coverage form): i. Check mark indicating occurrence as opposed to claims made form ii. Limits of Liability: $2,000,000 each occurrence iii. $4,000,000 general and products-completed operations aggregates iv. Personal Injury: $2,000,000 aggregate 12

13 2.) Automobile Liability: Check mark indicating coverage as to any automobile i. Certificate must reflect Michigan No Fault PIP and PPI statutory coverages are also afforded ii. Limits of Liability: $2,000,000 combined single limit 3.) Acceptable alternate limits are combinations of primary and excess or umbrella limits to equal not less than those shown in (a) and (b) above. 4.) Description section of ACORD form is to read: It is understood and agreed that the following shall be additional insured: The City of Auburn Hills, including all elected and appointed officials, all employees and volunteers, city consultants, all boards, commissions, and/or authorities, including but not limited to the Tax Increment Finance Authority,Brownfield Redevelopment Authority, the Building Authority, the Fieldstone Golf Course and their employees, representatives and volunteers. The coverage shall be primary to the additional insured and not contributing with any other insurance or similar protection available to the additional insured. This shall not apply to the contractor s required worker s compensation/employer s liability. 5.) The Description of Operation section of the Certificate shall also name or describe the project and/or event for which coverage is provided. B. Owner s and Contractor s Protective Liability The Contractor shall procure and maintain during the life of the contract Owner s and Contractor s Protective Liability and Insurance in the name of the City of Auburn Hills, in an amount not less than $2,000,000 per occurrence, and $4,000,000 aggregate for injuries, including death, to persons and property damage including loss of use thereof. This insurance shall be in an insurance company acceptable to the City of Auburn Hills. C. Workers Compensation The Contractor shall procure and maintain during the life of the contract, statutory Michigan Workers Compensation and Employers Liability Insurance for all employees employed at or in the vicinity of the Contractor s property, or any property used in connection with the Contractor s operation or in carrying out any work related to this contract. The CONTRACTOR shall require each and every subcontractor to secure similar Workmen's Compensation insurance unless already covered by the CONTRACTOR. Michigan Workers Compensation and Employers Liability Insurance shall be procured and maintained with the following limits of liability: - $100,000 E.L. each accident - $100,000 E.L. each disease each employee - $500,000 E.L. Disease Policy Limit This insurance shall comply with all applicable rules and regulations of the State of Michigan, and shall be in an insurance company acceptable to the City of Auburn Hills. D. Certificate of Insurance The Contractor agrees that he/she will file all required Certificates of Insurance satisfactory to the City of Auburn Hills with the City of Auburn Hills simultaneously with or prior to the execution of this contract indicating that the insurance required herein has been issued and is in full force and effect. Further, the Contractor will provide updated certificates annually prior to the policies expiration dates, to indicate that the policies and conditions required hereunder are in full force & effect during the life of this contract. E. Damage and Theft: The CONTRACTOR may insure the equipment, materials and work to cover the CONTRACTOR'S interest in the same from time to time as required. The CITY OF AUBURN HILLS will not, under any circumstances, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed in fully completing the contract, until after its acceptance by the CITY OF AUBURN HILLS. 13

14 F. Notice of Cancellation: It is understood and agreed that thirty (30) days advance written notice of cancellation, non-renewal, reduction and/or material change in coverage shall be mailed to: City Clerk s Office City of Auburn Hills 1827 North Squirrel Road Auburn Hills, MI CONSIDERATION AND PAYMENT SCHEDULE Having carefully examined the Contract, entitled "Golf Course Maintenance", CITY OF AUBURN HILLS, FIELDSTONE GOLF CLUB, in AUBURN HILL, MI, as well as the premises and conditions affecting the work, the undersigned proposes to furnish all services, equipment, labor, and materials called for by them for the entire work, in accordance with said document for the period of five years beginning at the date of execution of contract and concurrent thereof and which is inclusive of the materials listed on the Itemized Bid Form(s), as included within this proposal FIRM NAME: ADDRESS: CONTRACTOR SIGNATURE: NAME & TITLE: TELEPHONE: A. Total consideration for the five (5 ) year term of this Agreement shall be not more than the sum of ($ ), broken down as follows: START DATE YEAR 1 FEBRUARY 20, 2013 to FEBRUARY 19, 2014, the sum of $. YEAR 2 FEBRUARY 20, 2014 to FEBRUARY 19, 2015, the sum of $. YEAR 3 FEBRUARY 20, 2015 to FEBRUARY 19, 2016, the sum of $. YEAR 4 FEBRUARY 20, 2016 to FEBRUARY 19, 2017, the sum of $. YEAR 5 FEBRUARY 20, 2017 to FEBRUARY 19, 2018, the sum of $. B. INVOICING The annual consideration for any given twelve month period established pursuant to this Agreement shall be divided into monthly payments based on the percentages shown below. Yearly purchase orders will be made available to the CONTRACTOR by THE CITY OF AUBURN HILLS, payments will be made within in each month following invoicing received from the CONTRACTOR, except for cause as outlined in these General Conditions. Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec %

15 C. ADDITIONAL WORK / PROJECTS Payment for any seasonal plant installation, mulching, and any other additional work will be invoiced as the work is completed and approved by MANAGER. Contractor must provide a detailed break down on the specific costs associated with such additional work. The CITY OF AUBURN HILLS, GOLF COURSE MANAGER will attach a purchase order number and sign for the work prior to execution of any additional work. Estimates regarding additional work will detail all options and related costs. D. The CITY agrees to pay the CONTRACTOR on the last day of each invoice period during the term hereof for the Services rendered by the CONTRACTOR during such invoice period. E. Invoices are payable upon receipt and are due on the last day of the invoice period. In the event that any balance remains outstanding for more than 60 days, the CITY hereby acknowledges the CONTRACTOR'S right to terminate this Agreement upon thirty (30) days written note to the CITY. The CITY agrees to pay the CONTRACTOR all costs, including attorney's fees, incurred by the CONTRACTOR in collecting any overdue balances. Failure of the CONTRACTOR at any time to exercise its rights hereunder shall not be construed as a waiver of such rights or as a bar to the later exercise thereof. 21. CONTRACTOR'S LABOR AND WAGE RATES A. There shall be paid to each craft or type of workman employed by the CONTRACTOR or subcontractor, engaged in the work under this contract, not less than the applicable wage rate, including legal holiday and overtime rates, as required by law regardless of any contractual relationship which may exist between the CONTRACTOR or any subcontractor and such workman. B. The CONTRACTOR will comply with all applicable provisions of the Labor Code of the State of Michigan and shall indemnify and hold the CITY OF AUBURN HILLS harmless from any and all claims or demands made as a result, whether direct or indirect, of the CONTRACTOR'S employment of personnel pursuant to this Agreement. C. The CONTRACTOR shall be responsible for all payroll taxes and payments required under employment insurance laws with respect to employees of the CONTRACTOR performing under the Agreement. 22. UNSATISFACTORY EMPLOYEES Persons employed by the CONTRACTOR who are found not to be satisfactory by the CITY shall be discharged or reassigned by the CONTRACTOR immediately and on no longer than five (5) days' notice from the CITY. 23. POLICY ON DRUG FREE WORKPLACE The final award of a contract is contingent upon the CONTRACTOR certifying to the CITY, that a drug free workplace will be provided for the Contractors employees during the performance of the contract as required by the Drug Free Workplace Act. 24. ASSIGNMENT OF CONTRACT This Agreement, or any part thereof, shall not be assigned, hypothecated, sold, alienated or transferred by the CONTRACTOR or by operation of law or otherwise, and will not be recognized to create any liability upon the CITY thereby, with the sole exception and unless the prior formal approval of the CITY has been obtained thereto and the surety has consented thereto in writing filed with the CITY. 25. COMPLIANCE WITH APPLICABLE LAWS The CONTRACTOR shall have in its possession, and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances, and regulations governing Affirmative Action Programs and health and safety. The CONTRACTOR shall provide all safeguards and protective devices and take any other action necessary or appropriate to protect the health and safety of employees on the job and safety of the public at large, in connection with the performance of the work required by this Agreement. Nothing in this Agreement shall be construed to relieve the CONTRACTOR from compliance with all applicable laws whether municipal, county, state or federal. 15

16 26. ADVERTISING No advertising of any kind or description, bill or poster, whether printed, painted or by the use of any other method or application legible to human sight, shall appear on any building, structure, fence, canopy, post or sign except valid and authorized legal notices required to be placed thereon and except as may be specifically authorized in these General Conditions. 27. GOLF COURSE IMPROVEMENTS The construction of golf course improvements, such as cart paths, new greens or tees, and irrigation system installations may be done by the CONTRACTOR on a negotiated price basis when required by the CITY, provided however, that the CITY shall have the option to perform the work itself, or take bids for the doing of such work and may award the bid to the lowest responsible bidder, or such other bidder as the CITY deems appropriate. 28. VANDALISM It shall be the responsibility of the CONTRACTOR to repair and/or replace the CITY OF AUBURN HILL'S property, whether real or personal, which is lost, or damaged or destroyed through vandalism, while in the possession or under the control of the CONTRACTOR, or which is damaged or destroyed as a result of the failure of the CONTRACTOR to protect said property. 29. RECOVERY OF ATTORNEYS FEES Should action be instituted to enforce any of the terms and provisions of the Agreement, the prevailing party in such action shall be entitled to recover such reasonable attorney's fees as may be affixed by the Court. 30. QUALIFICATIONS OF CONTRACTOR In order to be eligible to enter into this contact with the CITY OF AUBURN HILLS, the CONTRACTOR shall: A. Agree to and employ a GCSAA CERTIFIED SUPERINTENDENT who shall hold a Class "A" certification from the Golf Course Superintendents' Association of America. B. Agree to provide a SUPERINTENDENT a minimum of six (6) days per week during the peak season, five (5) days per week during the Spring & Fall Seasons and available during the Off Season, with two qualified assistants to assist in the operations, along with a maintenance crew at the golf course daily, including Weekends and Holidays, during normal working hours, as determined by the CITY. The SUPERINTENDENT shall be the resident SUPERINTENDENT for the CITY and the maintenance of the Golf Course shall be his sole responsibility. In the event that the resident SUPERINTENDENT should resign, become unable to perform the assigned task, or be terminated, the CONTRACTOR must have a qualified temporary or permanent CITY OF AUBURN HILLS approved replacement Superintendent on site within 72 hours. The CONTRACTOR shall also employ sufficient English speaking supervisory personnel to act for the Contractor at all times when the Superintendent is absent from the course, including Weekends and Holidays. Any deviations from these requirements must be by written approval from the CITY. C. The CONTRACTOR must employ sufficient personnel to perform all work as specified and approved by the CITY 0F AUBURN HILLS. In the case of irrigation system maintenance and repair, the Contractor shall agree to employ qualified personnel to perform this work as approved by the CITY OF AUBURN HILLS. D. The CITY OF AUBURN HILLS shall have the authority to request that the CONTRACTOR replace any personnel with cause, that in their opinion, are not qualified or performing to standards. The Contractor shall have thirty (30) days to make these personnel adjustments. E. All of the CONTRACTORS personnel shall be neat and clean at all times and must wear approved uniforms. All personnel must start each work day with neat, non-soiled, approved uniform. F. All of the CONTRACTOR S personnel shall be drug free and submit to a pre-employment drug screening test within sixty (60) days of employment. 16

17 CITY OF AUBURN HILLS 1827 N. Squirrel Road Auburn Hills, MI By: James D. McDonald Mayor By: Terri Kowal Clerk Date: Date: STATE OF MICHIGAN COUNTY OF OAKLAND On this day of, 20, before me, the undersigned, a Notary Public in and for said County and State, personally appeared, James D. McDonald, Mayor of the City of Auburn Hills and Terri Kowal, Clerk of the City of Auburn Hills known to me (or proved to me on the basis of satisfactory evidence), to be the person(s) who executed the within instrument on behalf of the City of Auburn Hills and acknowledged to me that they executed the within instrument on behalf of the City of Auburn Hills. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires: Notary Public in and for said County & State Contractor: By: Title: STATE OF MICHIGAN COUNTY OF OAKLAND On this day of, 200, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me (or proved to me on the basis of satisfactory evidence), to be the person(s) who executed the within instrument as President of the corporation that executed within instrument, and acknowledged to me that such corporation executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires: Notary Public in and for said County & State 17

18 III. EXHIBIT A GOLF COURSE MAINTENANCE SERVICE DESCRIPTION AND SPECIFICATIONS HOLES #1-18, PRACTICE FACILITY, PRACTICE GREENS, CLUBHOUSE AND COMMON AREAS. The indications for Frequencies after each specification correspond to the Golf Course Maintenance Itemized Bid Forms - Exhibit B 1. BENTGRASS GREENS, COLLARS & PRACTICE GREENS A. Mowing / Rolling Greens and collars are to be mowed in accordance with a schedule in order that no more than 20% of the leaf surface shall be removed at any one time. Collars will be mowed a minimum of three times weekly during the growing season and will be cut at a height between.115 and.135", maintaining a width in keeping with desired mowing patterns. Greens are to be maintained at a height of 1/8" to 3/16" depending on weather, season, traffic, and owner specifications regarding normal speed requirements. Mowing patterns are to be alternated each mowing. All clippings are to be removed and properly disposed. Owner approved greens mowing equipment is to be used. Green repairs of ball marks will be done by each maintenance employee prior to each mowing. Clean up is required during any days in which rollers are solely utilized. Clean up laps around greens are not to be done no more than three times per week. A weekly pin sheet agreed upon by both parties will be made available to all golfers whom play the course. Mowing or rolling of greens shall be done to a minimum of the frequency specified in the MAINTENANCE ITEMIZED BID FORM. (Frequency Item: Mowing) B. Fertilization The program is to be based on annual soil tests. A combination of water soluble and slow release nitrogen are to be used. Applications are to be scheduled as to provide a consistent turf growth so growth flushes are not apparent. Greens and collars are to be maintained for maximum turf health, density, color, consistency, and playability. Fertilization of greens and collars shall be done to a minimum of the frequency specified in the MAINTENANCE ITEMIZED BID FORM. (Frequency Item: Fertilization) C. Weed Control All greens and collars are to be maintained to control and strive to eliminate all weeds. The program will included preemergent, post emergent mechanical weed controls. Herbicides are to be applied on an annual basis. Weed control of greens and collars shall be done to a minimum of the frequency specified in the MAINTENANCE ITEMIZED BID FORM. (Frequency Item: Weed Control) D. Disease Control Greens and collars are to be kept disease free. Systemic and contact fungicides are to be utilized to control all turf diseases. Fungicides are to be alternated in order to control resistant diseases. Disease control of greens and collars shall be done to a minimum of the frequency specified in the MAINTENANCE ITEMIZED BID FORM. (Unit Price Line Item: Disease Control) E. Insect Control Greens and collars are to be treated to prevent insect damage. Insecticides are to be applied on a preventative and curative basis. Alternate insecticides are to be used to control resistant insects. A preventative program shall be maintained and supplemented with a curative program. Insect control of greens and collars shall be done to a minimum of the frequency specified in the MAINTENANCE ITEMIZED BID FORM. (Frequency Item: Insect Control) F. Aerification All greens and collars are to be aerified a minimum of two (2) times annually with tines penetrating a minimum of 3" on 2" spacing. 3/8" to 1/2" coring tines will be used. This will be done once in the spring and once in the fall. The Contractor shall be responsible for an additional 1 to 2 aerations with 1/4" solid tines as needed for stress relief. This will be done on a program of one (1) in the spring and one (1) in the fall. Aerification of greens and collars shall be done to a minimum of the frequency specified in the MAINTENANCE ITEMIZED BID FORM. (Frequency Item: Aerification) 18