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HomeMy WebLinkAboutStaff Report 390-10City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: OCTOBER 25, 2010 CMR: 390:10 REPORT TYPE: CONSENT SUBJECT: Approval of a General Services Agreement with ValleyCrest Golf Course Maintenance, Inc. in the Amount of $1,850,000 for Maintenance Services and Sale of Used City Golf Course Maintenance Equipment to ValleyCrest for $125,000 EXECUTIVE SUMMARY At the October 18 th Council meeting staff made a presentation, as summarized in CMR 382: 1 0 , . (Attachment A), recommending the following four actions: 1. Authorize the City Manager or his designee to execute the General Services Agreement (Attachment B) in the amount of $1,850,000 with ValleyCrest for a term of 30 months beginning November 1, 2010 ending April 30, 2013, and the sale of used golf course maintenance equipment (Attachment D) to ValleyCrest for $125,000; and 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the. contract with ValleyCrest Golf Maintenance for related, additional but unforeseen work that may develop during the term, the total value of which shall not exceed $185,000 (10% Contingency); and 3. Refer to the Finance Committee the question of how staff should propose fair and reasonable mitigation for anticipated lost revenues at the Golf Course due to the construction of the San Francisquito Creek Joint Powers Authority's (JPA) flood control project. 4. Refer to the Finance Committee the question of whether staff should develop for the Council's approval a proposal to establish a new infrastructure reserve fund in the amount of the annual savings realized above the fully loaded operating costs of the Golf Course for the eventual replacement of anticipated infrastructure needs at the Palo Alto Municipal Golf Course. Recommendations 3 and 4 (above) were approved by Council on October 18 and items 1 and 2 were deferred to the October 25, 2010 consent calendar for approval. The deferred action for items 1 and 2 pertain to contract revisions, as described in the Council Memo, dated October 18 th (Attachment C). CMR390:1O 10f2 The final General Services Agreement with ValleyCrest is attached as Attachment B. RECOMMENDATION Staff recommends that the Council: 1. Authorize the City Manager or his designee to execute the General Services Agreement (Attachment B) in the amount of $1,850,000 with ValleyCrest for a term of 30 months beginning November 1, 2010 ending April 30, 2013, and the sale of used golf course maintenance equipment (Attachment D) to ValleyCrest for $125,000; and 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with ValleyCrest Golf Maintenance for related, additional but unforeseen work that may develop during the term, the total value of which shall not exceed $185,000 (10% Contingency). ATTACHMENTS Attachment A Attachment B Attachment C Attachment D CMR 382:10, October 18, 2010, recommending approval of a General Services Agreement with ValleyCrest Final version of the General Services Agreement between the City of Palo Alto and ValleyCrest, also provided to Council on October'18 Supplemental Council' Memo, October 18, 2010, summarizing key contract revisions List of used City Golf Course maintenance equipment to be sold to ValleyCrest /~!/ //J P~PMrnDBY: __________ (_"~,/~~~~~ /.~~ __ ~~~~ __ ~~~ ______ _ ROBDEGEUS DEPARTMENT HEAD APPROVAL: Division Manager, Recreation Services ~ '!:1izJ (~';) ~T~ ----------- rector, ommunity Services Department .~ ..... -.} ""---- CITY MANAGER APPROV AL: ----"~~/:-:)-~-t~'f-M-¥:..-/--;/ ",4~~.~<:::::~L:"'::'·~""/_//~)--t.---f~ft::::, "::.::..'?'L~ ____ _ City Manager CMR390:10 20f2 ATTACHMENT A TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: OCTOBER 18, 2010 CMR: 382:10 REPORT TYPE: ACTION SUBJECT: Approval of a General Services Agreement with ValleyCrest Golf Course Maintenance, Inc. in the Amount of $1,850,000 for Maintenance Services and Sale of Used City Golf Course Maintenance Equipment for· $125,000; and Referral of Golf Course Financial Planning Issues to the Finance Committee EXECUTIVE SUMMARY Due to the ongoing fiscal challenges facing the City of Palo Alto's (City) General Fund the Community Services Department (CSD) recommended, and the Council approved, the exploration of "contracting out" Palo Alto Municipal Golf Course ("Golf Course") maintenance services during the 2011 budget process. The",recommendation to explore private maintenance was also suggested in the findings of the Golf Course operational study conducted by Economic Research Associates (ERA) in 2008. The Executive Summary of the ERA study is attached as Attachment A. This report describes the Request For Proposal (RFP) process for Golf Course maintenance that has resulted in the recommendation of an award of contract to ValleyCrest Golf Course Maintenance, Inc. (ValleyCrest) to assume Golf Course maintenance responsibilities, beginning November 1, 2010 for a 30-month term ending on ·or soon after April 30, 2013 at a cost of $1,850,000 and a purchase of used golf course equipment at a cost of $125,000. ValleyCrest is recommended for an award of contract due to its extensive golf course maintenance services experience, low cost proposal relative to the public maintenance option, and its commitment to enhance the City's existing Integrated Pest Management (IMP) program, customer service and, most importantly, to improve the quality of Golf Course maintenance services to ensure the Golf Course will remain competitive with neighboring golf courses. The proposed contract between the City and ValleyCrest is attached as Attachment B. The report also discuses related Golf Course issues that require the Council's direction and action in the near future. The current outstanding issues include: • The need for flood control project mitigation, not only for the physical disruption to the Golf Course but also for anticipated revenue losses from decreased play during levee reconstruction; and CMR382:10 10f8 ATTACHMENT A • Consideration of the establishment of an infrastructure reserve for the Golf Course to pay for capital improvements from positive Golf Course cash flow to reduce the need for future capital improvement-related debt. Staff requests that these two items be referred to the Finance Committee for further discussion. Finally, the report also discusses the intent to make coterminous both the Golf Professional contract with Brad Lozares and the Pro-Shop lease agreement with Brad Lozares, so the agreements will terminate concurrently in the month of April 2013. Staff will make a recommendation to the Council before the end of calendar year 2010. RECOMMENDATION Staff recommends that the Council: 1. Authorize the City Manager or his designee to execute the General Services Agreement (Attachment B) in the amount of $1,850,000 with ValleyCrest for a term of 30 months beginning November 1, 2010 ending April 30, 2013, and the sale of used golf course maintenance equipment (Attachment C) to ValleyCrest for $125,000; and 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with ValleyCrest Golf, Inc., for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $185,000 (10% Contingency); and 3. Refer to the Finance Committee the question, of how staff should propose fair and reasonable mitigation for anticipated lost revenues at the Golf Course during the San Francisquito Creek Joint Powers Authority's (JPA) flood control project. 4. Refer to the Finance Committee the question of whether staff should develop for the Council's approval a proposal to establish a new infrastructure reserve fund in the amount of the annual savings above the fully loaded operating costs of the Golf Course for the eventual replacement of anticipated infrastructure needs at the Palo Alto Municipal Golf Course. BACKGROUND The Golf Course was constructed in the mid-1950's on 184 acres of flat former salt-marsh and bay fill. The course was designed by noted golf course architect William R. Bell of Pasadena, California. The Golf Course was designed as an I8-hole facility with a par of 72. The Golf Course is a classic I8-hole championship course that measures over 6,800 yards from the back tees. The facility includes a large practice putting green, a three-building Eichler-designed­ clubhouse/golf shop complex and parking lot. In the mid 1970's, improvements were made to replace the clubhouse buildings. At that time, holes 3, 10, 11, & 18 were renovated under the direction of golf architect Robert Trent Jones, Jr. The Golf Course is a City of Palo Alto General Fund operation. All excess revenues or shortages are returned to the City'S General Fund. The Golf Course currently generates sufficient revenues to support debt service, direct and indirect expenses, and City cost plan charges. There is no reserve or replacement fund for the Golf Course, consequently; additional debt service is taken on by the Golf Course when new capital improvement needs arise. The debt service for the Certificates of Participation, which represents approximately $570,000 annually, will be fully retired in June 30, 2018. CMR382:1O 20f8 ATTACHMENT A Presently, the City has entered into both a Golf Professional management agreement and a Pro Shop lease agreement with Brad Lozares (Lozares) for golf operations. As a result of Internal Revenue Services (IRS) debt issuance limitations, the management agreement and the lease for the building are separate contracts. The management agreement includes the following responsibilities: reservations; green fees collection; starting; and marshalling services. The lease agreement for the building includes: responsibility for managing golf cart rentals; the driving range; merchandise sales; and instruction services. The Lozares management agreement with the City for operating the Golf Course expires December 31, 2010. The lease agreement with Lozares for lease of the building expires in April 2013. The building lease also includes an option to extend the term of the concession 10 additional years, if the option is exercised at the City's sole discretion. There is also a separate lease agreement with R&T Restaurant Corporation (R&T) for food and beverage services at the Golf Course. The R&T lease agreement for food and beverage operations expires April 20, 2018. Currently Golf Course turf and irrigation maintenance services are provided by CSD's Parks, Open Space and Golf Division. CSD oversees daily turf and ground maintenance operations that include coordination of services between the tenants and City maintenance staff in order to provide a seamless experience for visitors to the Golf Course. The Real Estate Division of the Administrative Services Department oversees tenant leases. The Club House and Pro Shop building rriaintenance (exterior) and janitorial services are provided by the City's Public Works Department, Facilities Management Division. In 2007, the City Council authorized staff to proceed with an operational analysis of the Golf Course. The operational analysis was conducted by Economics Research Associates (ERA) (Attachment A), and provided information on the Bay Area golf market and conditions of the Golf Course facility; and the current and alternative operating models available for the Golf Course. The ERA study was presented to the City Council on November 17, 2008 (CMR: 446:08; Attachment D). The study concluded that, despite a Bay Area wide decline in golf play, the Golf Course performance has been relatively strong when compared with similar municipal facilities in the market area. The recommendations to sustain the long-term viability of the golf course program from the staff report are summarized below: 1. Retain a golf course design consultant to work with the JPA and the City's staffs to design an environmentally friendly flood control project that will balance flood control and recreational use solutions and also benefit the Golf Course. 2. Recalculate the Cost Plan allocation for the Golf Course to a more traditional golf course operation allocation. This would allow for excess funds to be set aside to establish a replacement reserve to fund ongoing minor capital improvement and/or more intensive maintenance. 3. Align the two tenant leases and management contract so they expire concurrently. This would allow consideration of other, potentially more effective and efficient, operating options and a smoother transition of operation, should that be deemed advantageous in the future. CMR382:10 30f8 ATTACHMENT A 4. Commit to a plan of cost-neutral capital improvements to ensure the Golf Course remains competitive. That is, proceed with improvements that are economically justified by increased net operating income stemming from the improvements. 5. Direct Community Services and other relevant City staff to work in cooperation with the labor union to further evaluate the advantages and disadvantages of private versus public maintenance. Since the 2008 Golf Course study was presented to Council, the Golf Course has continued to experience a decline in annual rounds of play from 74,000 in 2008, to 72,000 in 2009, and to 68,500 in 2010. In order to keep the Golf Course financially viable budget cuts were made in 2009 and 2010 that continued to erode the resources available for the City-operated maintenance program. Although the Golf Course managed to end FY 2010 with net revenues of $77,000, this was achieved with a 40% reduction in staff, which is less than the level of staff needed to provide comprehensive quality Golf Course maintenance. As the FY 2011 budget process began, it became clear the City needed to make significant structural budget reductions to the General Fund with an anticipated deficit of $7.3 million. As CSD considered alternatives for budget reductions, the "contracting out" of Golf Course maintenance services was recommended, not only for the potential cost savings, but also to return maintenance levels to a standard that allows the Golf Course to remain competitive with the objective of increasing golf rounds, which has been compromised through numerous years of program budget cuts. Staff recommends the approval of a Golf Course maintenance services agreement with ValIeyCrest and replacing in-house maintenance staff with contract personnel. Below, staff will provide information on the process that was used to arrive at this recommendation and will discuss the progress and current thinking on the other recommendations listed above, stemming from the ERA Golf Course study . . DISCUSSION The process for exploring "contra~t out" Golf Course maintenance services began in spring 2010 by notifying SEIU of the City's intent to explore contract maintenance services for the Golf Course. The City and SEIU engaged in a discussion about the City's financial challenges and rationale for the need to consider an alternative service delivery for Golf Course maintenance. Although some ideas were discussed to mitigate the need for contracting out Golf Course maintenance, such as a regional golf course maintenance agreement between several neighboring cities, this suggestion was deemed by the City to be financially infeasible. CSD staff prepared a detailed scope of service, with input from several other City departments including Public Works, Utilities and Administrative Services (ASD). The Request for Proposal (RFP) was released in June. A mandatory pre-solicitation meeting was held at the Golf Course which included a tour of the Golf Course that allow all interested parties to walk the Golf Course and ask specific questions during the hole-by-hole walk. Five potential bidders attended the pre­ bid meeting. Four proposals were received in August when the responses to the RFP were due. CSD assembled an evaluation panel to evaluate the proposals. The eight member panel included members of the Golf Advisory Committee, CSD Director, Palo Alto's Golf Course CMR382:1O 40f8 ATTACHMENT A Superintendent, Recreation Division Manager and the Parks, Open Space and Golf Division Manager. The stated RFP criteria used to evaluate the proposals were: A. Quality and completeness of proposal; B. Qualifications & experience of proposer in providing Golf Course Maintenance Services as stated in this RFP; including experience and qualifications of project manager & key staff to be assigned to project; C. Similar experience and expertise in the type of work required, with the City, or with other municipal golf courses or private golf courses; D. Demonstrated understanding of the scope of services requested, timeframes, scheduling ability, ability to provide back up or follow up services, if needed; E. References/Financial stability of Firm; and F. The Cost to the City. Of the four proposals, based on the RFP criteria above, two were determined by the evaluation panel as more responsive to the RFP. The proposals were submitted by Lozares and ValleyCrest. Both companies were invited to interview with the panel; the interviews occurred in Septymber. At the conclusion of the interviews each company was asked to provide a Best and Final proposal with an emphasis on reducing overall costs with minimal or no impact to the scope of services defined in the RFP. The "Best and Final" offers were received in mid September. Concurrently, reference checks were made and, where feasible, site visits were conducted to evaluate maintenance levels at other golf courses maintained by the firms. At the conclusion of the RFP process ValleyCrest was unanimously determined by the evaluation panel to have provided the most complete responsive proposal and thereby it recommended ValleyCrest as the party to provide private Golf Course maintenance services to the City. The factors that weighed most heavily on the ValleyCrest recommendation was the depth of experience exhibited by ValleyCrest and the proposed overall cost savings, which is approximately $300,000 below the Lozares' "Best and Final" proposal, and approximately $500,000 below what it would cost the City to continue Golf Course maintenance services in­ house over the 30-month term of the proposed contract. Furthermore, the ValleyCrest management team displayed a commitment to customer service and high quality maintenance that the City desires for the Golf Course. ValleyCrest is very interested in working closely with the City's water quality control program, environmental goals and the IMP program. ValleyCrest brings a wealth of knowledge and expertise in horticulture and agronomy that staff believe will serve the City well as we continue push the boundaries toward excellence in Golf Course maintenance, sustainability and environmental conservation. ValleyCrest Golf Course Maintenance is one of five operating divisions of the ValleyCrest Holding Co. and Subsidiaries. It is the country's largest horticulture maintenance, golf course maintenance and construction company. ValleyCrest currently maintains· over fifty golf CMR382:10 50f8 ATTACHMENT A properties located in California, Texas, Florida, Georgia, North Carolina, South Carolina, Pennsylvania, New Jersey, Massachusetts and Michigan. Furthermore, ValleyCrest is open and enthusiastic to providing displaced City Golf Course maintenance staff with an opportunity to join the ValleyCrest Company. Staff was very encouraged to hear this and will work with ValleyCrest to connect displaced employees with ValleyCrest. Of the seven regular staff affected by contracting out Golf Course maintenance four have already made the decision to retire, one has found other employment, and one has bumping rights per the SEIU labor agreement with the City and will move to the Parks, Open Space and Golf division of CSD. The remaining staff member will be laid-off as of November 1, 2010; however, staff is hopeful that a vacancy may emerge in the Parks Open Space and Golf division over the next month that will provide an opportunity for a transition. As CSD staff will need to maintain the Golf Course until the effective date of the transition to ValleyCrest, the proposed negotiated sale of City-owned Golf Course maintenance equipment to ValleyCrest is preferred for the effective and efficient transition from public to private maintenance. The City's Public Works fleet management staff valued the existing Golf Course equipment, staff then negotiated a fair and reasonable price with ValleyCrest, which has agreed to pay $125,000 for all major equipment. As described in the contract (Attachment B), ValleyCrest will occupy the Golf Course maintenance yard and facilities therein to deliver the Golf Course maintenance services. The City Attorney's office, ASD Budget and Purchasing Divisions together with Risk Management provided support in drafting the contract, including review and approval of the occupancy terms and insurance requirements for use of the City facilities and property. A third party furniture, fixtures and equipment consultant will be retained by the City to determine the fair market value (FMV) of all other minor items (tools, supplies and materials) that remain at the Golf Course maintenance yard. ValleyCrest has agreed to pay for the remaining items based on this FMV independent furniture, fixtures and equipment consultant's valuation, This will be completed on or before November 1,2010. . Discussion of Related Golf Course Issues The topics below relate to the staff recommendations from the 2008 ERA Golf Course study, summarized on page 3 of this staff report and in CMR: 446:08 Operational Analysis of the City of Palo Alto Municipal Golf Course (Attachment D) The action items before Council at this time is the recommendation refer items 1 and 2 below to the Finance Committee for further discussion. 1. San Francisquito Creek Joint Powers Authority -Flood Control The Council has requested that the JP A retain a golf course design consultant to work with the Joint Powers Authority andCity staff to design an environmentally friendly flood control project that will balance flood control and recreational use solutions and that will also benefit the Golf Course. The JPA has been very supportive of the City'S need for fair and reasonable mitigation measures to the Golf Course for levee improvements; the impact to the Golf Course will include the need to re-design 4 to 6 holes due to levee realignment and encroachment onto the Golf Course. The JP A hopes to begin work in summer 2011, but the likelihood of this occurring is CMR382:1O 6.of8 ATTACHMENT A unknown at this time. The impact and related mitigation to the physical impacts to the Golf Course is moving in a positive direction and staff is confident that a workable win/win design will be developed. However, the loss of City revenue during the levee reconstruction is difficult to quantify. Staff does not have a specific recommendation to mitigate expected lost revenues at this time but does want to bring this issue to the Council's attention and ask that this issue be referred to the Finance Committee. A possible mitigation to consider is to seek additional and more comprehensive Golf Course design and planning beyond mitigating for the golf holes impacted by levee realignment. For a point of reference, during the major capital improvements at the Golf Course in 1998-99 the City experienced a 25% reduction in annual play; such a reduction today would translate to $500,000 annually in lost revenues. Staff is working with the JP A to explore appropriate mitigations as the timeline and levee design work progresses and look forward to discussing options with the Finance Committee. 2. Golf Course Infrastructure Reserve Regarding the revision of the Cost Plan allocation for the Golf Course to a more traditional golf course operation allocation will occur with the reduction of 7 Full Time Equivalent (FTE) to .45 FTE staff previously dedicated to the in-house Golf Course maintenance operation, as city Cost Plan is allocated based on FTE. The result of the Cost Plan revision, coupled with the lower . overall cost of private Golf Course maintenance, will be a positive cash flow for the Golf Course, if annual rounds played hold steady at 68,000 or more. It is recommended that revenues above and beyond the cost of operating the Golf Course be considered for a infrastructure reserve for ongoing capital improvement needs· for the Golf Course. This recommendation aims to reduce the need for debt when the 1998 bond debt of $~70,000 annually expires in 2018. The Golf Course Advisory Committee believes creating an infrastructure reserve, paid for by the golfing community, as a very important step for the long-term financial health of the Golf Course. Staff recommends that this item also be referred to the Finance Committee for further discussion Other related items for that staff would like Council to be aware of are: 3. Aligning Golf Course Contracts -Food and Beverage, Professional Services, Golf Course Maintenance and Pro Shop The recommendation to align the two tenant leases and management contract at the Golf Course, so they will expire concurrently, remains a staff recommendation. Specifically alignment of contracts would allow consideration of other, potentially more effective and efficient, operating options and a smoother transition of operation, should that be deemed advantageous in the future. The ValleyCrest maintenance contract is strategically aligned with the existing lease agreement with Brad Lozares for operating the Pro-Shop. Moreover, staff intends to bring an extension of the existing management agreement with Lozares to the Council before the end of 2010 to align the management agreement with the Pro-Shop Lease and the proposed ValleyCrest maintenance agreement expiration date. This would result in 3 of the 4 Golf Course contracts to expire at the same time, April 2013. The lease with R&T Restaurant Corporation, who operates the Bay Cafe, has a term that expires in 2018; options for re-aligning this lease with the other three Golf Course contracts is also being considered. 4. Capital Improvement Lastly regarding the recommendation to commit to a plan of cost neutral capital improvements, to ensure the Golf Course remains competitive, the only CIP improvements recommended at this CMR382:10 70f8 time are those related to the improvements derived at through cooperation with the JPA to design an environmentally friendly flood control project that will balance flood control with long-term financial viability and improvements to the Golf Course. RESOURCE IMPACT The cost of the proposed ValleyCrest contract for Golf Course maintenance is $1,850,000 for a term of 3D-months and a contingency of $185,000. The CSD budget has sufficient funds to address the contract and 10% contingency. In addition staff has negotiated a fair and reasonable price ~th ValleyCrest for all major City-owned Golf Course maintenance equipment on-site for $125,000. The total cost savings to the City for entering into the ValleyCrest contract, as compared to the cost of the City to provide Golf Course maintenance, is expected to be approximately $500,000 over the term of the proposed contract. ENVIRONMENTAL REVIEW No environmental review is needed 'at this time. However, should a Golf Course capital improvement project be considered at a future date all appropriate environmental review and consideration will take place prior to approval. ATTACHMENTS Attachment A Attachment B Attachment C Attachment D PREPARED BY: Economics Research Associates Golf Course Operational Study - Executive Summary General Services Agreement between the City and ValleyCrest List of used City Golf Course maintenance equipment CMR: 446:08 Operational Analysis of the City Palo Alto Municipal Golf Course ~hmenlS available online: ~ ~. " www~ci1yofpaloallo~org ROBDEGEUS Division Manager, Recreation Services DEPARTMENT HEAD APPROVAL: _~-=.=~ ...... ~-.~~---=-... '--________ _ ~S ~ Director, Community Services Department CITY MANAGER APPROVAL: ----2IC-J-----r;.--41J------- CMR 382:10 80f8 ATTACHMENT B CITY OF PALO ALTO CONTRACT NO. Cl1136681 GENERAL SERVICES AGREEMENT THIS GENERAL SERVICES AGREEMENT (the "Agreement"), made and entered into on the 1st day of NOVEMBER, 2010 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California Chartered Municipal Corporation (the "City"), and V ALLEY CREST GOLF COURSE MAINTENANCE, INC., a California corporation, located at 24151 Ventura Blvd, Calabasas, Ca 91302, Telephone Number: 818-737-3110 (the "Contractor") (individually a "Party" and collectively the "Parties"). In consideration of their mutual covenants, the Parties agree; as follows: . AGREEMENT 1. SERVICES. The Contractor shall provide or furnish the services (the "Services"), as described in Exhibit "A" Scope of Services and as may be agreed to from time to time. . 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: rg] "A" -Scope of Services rg] "B" -Schedule of Performance rg] "c" -Schedule of Fees rg] "D" -Insurance Requirements rg] "E" -Bonds (Performance and/or Payment Bond) I2l "F" -Liquidated Damages . rg] "0" -Schematic of Facilities to be accessed by the Contractor CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED. 3. TERM. The term ofthis Agreement (the "Term") begins on November 1,2010 and ends on April 30, 2013, subject to earlier termination by a Party and further is subject to the provisions of Sections Q and V of the General Terms and Conditions. The Term does not include any period of time after April 30, 2013, which may be the subject of the renewal of this Agreement or any other contract relating to golf course maintenance services between the Parties. 4. SCHEDULE OF PERFORMANCE. During the Term, the Contractor shall perform the Services in a prompt and timely manner based upon the circumstances and directions communicated to the Contractor, and, if applicable, in accordance with the schedule set forth in Exhibit "B" Schedule of Performance. Time . is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. The City shall pay the Contractor, and the Contractor shall accept, as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: . The total maximum lump sum compensation of dollars ($ );OR The sum of amount of dollars ($ dollars ($ ) per hour, not to exceed a total maximum compensation );OR o A sum calculated in accordance with Exhibit "c" Schedule of Fees, not to exceed a total maximum compensation amount of One Million Eight .Hundred and Fifty Thousand Dollars ($1,850,000.00), payable during the Term, as follows: The Contractor covenants and agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth in this Agreement, including Exhibit "C". Any hours worked or Services 1 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\Cll136 681-ValleyCrestGolf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINALl 0.12.201 O.doc perfonned by the Contractor, for which payment would result in a sum total exceeding the maximum amount of compensation set forth in this Agreement for perfonnance of the Services, shall be performed at no additional cost to the City, except as expressly provided in this Agreement. The Contractor acknowledges that the City has infonned it that the current Palo Alto municipal golf course (the "Golf Course") configurations could be changed or re-designed after the: Effective Date, and that the City's collaboration with the San Francisquito Creek Joint Powers Authority (the "JP A") to implement any reasonably necessary flood control measures with respect to the San Francisquito Creek, which lies adjacent to the Golf Course, could result in the temporary closure of one or more areas of the Golf Course and, consequently, could affect ona temporary or periodic basis the' Contractor's duties and obligation to perfonn the Services hereunder. In that event, the Parties shall in good faith timely negotiate an adjustment to the Services, including, without limitation, the compensation otherwise payable to the Contractor, as set forth in this Agreement, in order to reflect any changes, including, without limitation, modifications to the scope of the Services. The City has set aside the sum of One Hundred Eighty-Five Thousand Dollars ($185,000.00) for the Contractor's perfonnance of Additional Services, if any may be required to be performed by the Contractor. The Contractor shall provide any Additional Services only after receipt of the prior written authorization of the City Manager or designee. Thereafter, the Contractor, at the City's request, shall submit a detailed written proposal, including a description of the Additional Services' scope of services, 'schedule, level of effort, and the maximum compensation, including reimbursable expenses. Such compensation shall be based on the hourly rates set forth in Exhibit . "C" or, if such rates are not applicable, a negotiated lump sum. The City shall not authorize, and the Contractor shall not perfonn, any Additional Services, for which any payment would cause the total :\um compensation for Additional Services to exceed the amount of $185,000.00. Payments for Additional Services shall be subject to in the provisions of this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. C! CONTRACTOR'S compensation rates for each additional tenn shall be the same as the original tenn;OR . 13 The Contractor's compensation rates shall be adjusted effective on the commencement of each Additional Term, if any. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco­ Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most iliunediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring tenn. Notwithstanding the foregoing, in no event shall the Contractor's compensation rates be increased by an amount exceeding five percent (5%) of the rates in effect during the immediately preceding Tenn. Any adjustment to the Contractor's compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. The Contractor shall send all invoices to the City, Attention: the Golf Services Manager (the "GSM"). The present GSM is Joseph Vallaire, Golf Course Superintendent, CommunitY Services Dept., Parks and Golf Division, Telephone: 650-329-2175. The invoices: (a) shall be submitted in arrears for the Services performed; (b) shall not be submitted more frequently than monthly; and (c) shall provide a detailed statement of the Services perfonned during the invoice period. which statement may be subject to verification by the City Manager or City Auditor or designee. The City shall pay the undisputed amount of any invoice within thirty (30) days of its receipt. GENERAL TERMS AND. CONDITIONS A. ACCEPTANCE. The Contractor accepts and agrees to the general terms and conditions of this Agreement, Sections A through AA, inclusive. This Agreement includes Sections 1 through 6 above, these general terms and conditions, and the attached exhibits and any amendments thereto. B. QUALIFICATIONS. the Contractor represents and warrants that (1) it has the expertise and 2 Rev. January 11.2010 S:\ASD~URCH\SOLICITATIONS\CURRENT BUYER-eM FOLDERS\K.ATI-ly\Contra cts\CI1l36681-Valley Crest Golf Maintenance\Cl 1 136681 Valleycrest GC Maintenance Agreement FINAL 1 0.12.201 O.doc qualifications to perfonn and complete the Services and (2) every individual acting on behalf of the Contractor who is charged with the perfonnance of the Services has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perfonn the Services. The Contractor acknowledges and agrees that the City expressly relies on .the Contractor's representations .. and warranties regarding its and its employees' skills, know ledge, and certifications in entering into this Agreement C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, the Contractor and any individual or other person employed by it shall at all times be deemed or considered an independent contractor to, and not an agent or employee of, the City. The Contractor shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D, SUBCONTRACTORS. The Contractor may not employ, hire or otherwise use any subcontractor to perform any of the Services, unless the Contractor obtains the prior written consent of the City Manager or designee. The Contractor shall be solely responsible for directing the perfonnance of any approved subcontractors and for any compensation due to those subcontractors. E. TAXES, FEES AND CHARGES. The Contractor shall pay and shall be responsible for.the payment of all taxes, fees, and charges that are applicable to the conduct of the Contractor's business, including any income or other remuneration or compensation paid by the City in accordance with the provisions of this Agreement. . F. COMPLIANCE WITH LAWS. The Contractor shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, rules, regulations, and orders. G. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. The Contractor shall, at its sole cost and expense, repair in kind, and shall, as the City Manager or designee shall direct, pay any damage to public or private property that may be incurred as a result of or in connection with the Contractor's performance of the Services, including, but not limited to, damage to or destruction of the Golf Course storage and maintenance facilities (the "Facilities"). The City may decline to approve and may withhold payment, in whole or in part, as may be necessary to protect the City from any liability, loss or damage arising in connection with or otherwise due to any defective perfonnance not remedied and occurring during the Contractor's performance of the Services. Upon the receipt of the Contr~or's request, the City shall submit to the Contractor any written documentation in support of such decision to withhold payment. Whenever the City determines that the failure of performance of Services is otherwise remedied, then the City.shall make payment of the amount or amounts withheld. H. SERVICE WARRANTIES. The Contractor expressly warrants that the Services that it shall provide under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the golf course maintenance services industry, including all federal, state, and local operation and safety regulations, and the requirements of this Agreement. The Contractor expressly warrants that all materials, goods and equipment provided by the Contractor under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. The Contractor agrees to promptly replace or correct any material, good· or equipment that is defective or otherwise not in compliance with these warranties at no additional cost to the City. The warranties set forth herein shall be in effect for a period of one (1) year from the date of completion of the Services, and shall survive the expiration or earlier termination of this Agreement. I. MONITORING OF SERVICES. The City may monitor the Services performed under this Agreement to detennine whether the Contractor's performance is rendered in a satisfactory manner and otherwise complies with the provisions of this Agreement. J. CITY'S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of the City without restriction or limitation upon their use and will not be made available to any individual or organization by the Contractor or its subcontractors, if any, without the prior written approval of the City Manager. ' 3 Rev. January 11.2010 S:\ASD\PURCH\SOLICITATIONs\CURRENT BUYER-CM FOLDERS\KATHY\Contta cts\Cll136681-Va11ey Crest Golf Maintenance\Clll36681 Valleycrcst GC Maintenance Agreement FINALIO.l2.2010.doc K. AUDITS. The City and its authorized representatives may audit, at.any reasonable time during the Term . and for three (3) years after the date of final payment, the Contractor's records pertaining to matters covered by this Agreement. The Contractor shall maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the expiration or earlier termination of this Agreement. . L. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by the City shall operate as a waiver.on the part of the City of any of its rights under this Agreement. M. INSURANCE. The City, at its sole cost, sliall purchase and maintain in full force during the Term, the insurance coverage described in Exhibit "D". Insurance must be provided by companies with a Best's Key rating of A-:VII or higher and which are otherwise acceptable to the City's Risk Manager .. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, . certificates and/or binders are subject to approval by the Risk Manager as to form and content. The Contractor shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. The Contractor shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing thirty (30) days' prior written notice of the cancellation or modification to the Risk Manager. The Contractor shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to the City concurrently with the execution of this Agreement and shall during the Term provide current certificates evidencing the required insurance coverage and endorsements to the Risk Manager. The Contractor shall include all subcontractors as insured under its policies or shall obtain and provide to the City separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit the Contractor's liability or obligation to indemnify the City under this Agreement. N. HOLD ~ARMLESS. To the fullest extent permitted by law and without limitation by the provisions of Section M relating to insurance, the Contractor shall indemnify, defend and hold harmless the City, its officials, officers, employees and agents from and against any and all damages, demands, claims, injuries, losses, or liabilities of any nature, includfug death or injury to any person, property damage or any other loss, including, without limitation, damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney's fees, courts costs and costs of al~rnative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. The Contractor's obligations under this Section N apply regardless of whether or not liability is caused or contributed to by any negligent (passive or active) act or omission of the City, except that the Contractor shall not be obligated to indemnify for liability arising from the sole negligence or 'willful misconduct of the City. The acceptance of the Services by the' City shall not operate as a waiver of the right of indemnification. The provisions of this Section shall survive the completion of the Services or the earlier termination of this Contract. O. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, the Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person.because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. The Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code, relating to Nondiscrimination Requirements and the penalties for violation thereof, and it agrees to meet the requirements of Section 2.30.510 pertaining to nondiscrimination in employment. P. WORKERS' COMPENSATION. The Contractor, by executing this Agreement, certifies that it is aware of the provisions of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that the Labor Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. . Q. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days' prior written notice thereof to the Contractor. If the Contractor fails to perform any of its material obligations under this Agreement, in a4dition to all other remedies provided by law, the City Manager may 4 Rev. January 11, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRBNT BUYER-CM FOLDERS\KATHy\Contra cts\CI1136681-Valley Crest Golf Maintenance\Clll36681 Valleycrest GC Maintenance Agreement FlNALI0.12.2010.doc tenninate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, the· Contractor shaH immediately discontinue performance. The City shall pay the Contractor for services satisfactorily performed up to the effective date of termination. If the termination is for cause, the City may deduct from such payment the amount of actual damages, if any, sustained by the City due to the Contractor's failure to perform its material oblig!\tions under this Agreement. Upon teimination, the Contractor shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by or given to the Contractor, in connection with this Agreement. Such materials shall become the property of the· City. IIi addition, the Contractor may terminate this Agreement in the event the City fails to pay compensation to the Contractor, as pr!)vided by SectiQn 5 of this Agreement and Exhibit "C," provided the Contractor provides the City with written notice of termination, which becomes effective thirty (30) days of the date of notice. R. ASSIGNMENTS/CHANGES •. This Agreement binds the Parties and their successors and assigns to all covenants ofthis Agreement: This Agreement shall not be assigned or transferred without the prior written consent of the City. No amendments, changes or variations of any kind are authorized without the written cOnsent of the City. . . S. CONFLICT OF INTEREST. In accepting this Agreement, the Contractor.covenants that it presently has no interest, and will not acquire any interest, direct or indirect, fmancial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. The Contractor further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. The Contractor certifies that no City officer,. employee, or authorized representative has any fmancial interest in the business of the Contractor and no person associated with the Contractor has any interest, direct or indirect, which could conflict with its obligation of faithful performance of this Agreement. The Contractor shall inform the City whenever a conflict may arise. T. GOVERNING LAW. This Agreement shall be governed and interPreted by the laws of the State of California. U. ENTIRE AGREEMENT. This Agreement, including all exhibits,.·represents the entire agreement between the Parties with respect to the Services. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement shall control over any conflicting provisions in the exhibits. This Agreement super~edes aU prior agreements, representations, statements, negotiations and undertakings whether oral or written . . V. NON-APPROPRIATION. This Agreement is subject to the flScalprovisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in·the event that funds are not appropriated for the following fiscal year, or (b) at any time within.a fIscal year in the event that fimds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. . W. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. The Contractor shall comply with the City's Environmentally Preferred Purchasing policies, which may be obtained from the City's Purchasing division; the policies are ·incorporated by reference and may be . amended by the City from time to time. The Contractor. shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero waste best practices include fITst minimizing and reducing waste; second, reusing waste and third, recycling or composting w.aste. In particular, the Contractor shall comply with the following zero waste requirements: • . All printed materials provided by the Contractor to the City generated from a personal computer and printer, including, but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer. material and printed with vegetable based inks. . • Goods purchased by the .Contractor on behalf of the City shall be purchased in accordance with the City's .Environmental Purchasing Policy, including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy· of this policy is on file and 5 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER·eM FOLDERS\KATHy\Contra cts\Cl1l36681-Valley Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINALIO.l2.2010.doc available for inspection at the Purchasing Division. • Reusable/returnable pallets shall be returned by the Contractor, at no additional cost to the City, for reuse or recycling. The Contractor shall provide documentation from the facility, which accepts the pallets, verifying that pallets are not being improperly disposed. . x; AUTHORITY. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and du~ authority to do so on behalf of the Contractor. Y. CONTRACT TERMS: All unchecked boxes do not apply to this Agreement. Z. STORAGE AND MAINTENANCE FACILITIES. The City hereby grants a license and right of entry to the Contractor to access, occupy and use the site of the Facilities (the "Site"), which comprise several building facilities, including sheds and shops, and the two surrounding areas that are bounded by chain-link fencing and that straddle the Golf Course holes and the Palo Alto airport, which the City shall make available to the Contractor during the Term at no additional cost to the Contractor. The Contractor shall maintain the Site and the Facilities in the same condition existing' as of the date· when the Contractor is takes possession thereof, ordinary wear and tear excepted. The Contractor shall use due care and caution with respect to (1) whenever its employees. agents. representatives, contactors or subcontractors use the equipment maintenance shop, depic!ed in Exhibit "G"· and located closest to the Palo Altp airport above­ ground jet fuel storage tanks (the "Fnel Tanks"), for purposes of performing equipment repairs as a part of . the Services, (2) the fertilizer storage shed. in which fertilizer and other potentially hazardous materials are stored, and (3) the oil storage shed, to ensure that the potential for accidental ignition and resulting frre­ related damage and hazardous materials losses will be substantial mitigated. The Contractor will exercise such due care as, for example, the Contractor shall close the roll-down door of the equipment maintenance shop, located closest to the Fuel Tanks, whenever an ignition source such as an acetylene torch is used therein for equipment welding purposes, and whenever using and ensuring the utility and integrity of sand bags and other materials that are located around catch basins in the event of a chemical spill. Th<l City will conduct quarterly inspections of the Site and the Facilities, including the Fuel Facility, upon prior reasonable notice given to the Contractor. AA.FUEL FACILITmS. Nothing in this Section AA 0.1 other provision of this Agreement shaH be deemed or . construed to require the Contractor to purchase from the City any fuel for sue by any equipment or vehicle or other instrument that the Contractor uses to provide the Services. The City shall retain ownership and control of the card reader, fuel pump and fuel tank (collectively, the "Fuel Facility") located at the Site. The Contractor acknowledges and agrees that, if the Contractor uses the Fuel Facility to withdraw fuel, then it shall compensate the City for the quantities of fuel at the charges then in effect. The Contractor acknowledges and agrees that the City currently imposes a fuel charge, which inCdrporates the cost of fuel delivery, fuel commodity charge, based on the Oil Price Information Service Index) and direct overhead costs (the "Fuel Price"). For Fuel Price e~ate disclosure purposes only, the City represents that the Fuel Price for August 2010 was $3.43 for unleaded gasoline and $3.12 for diesel fuel. Notwithstanding any provision in this Agreement to the contrary, the Contractor further acknowledges and agrees that .the City shall access the Fuel Facility for its own purposes and it has permitted the golf course operator and Pro­ Shop tenant, currently Brad Lozares, to enter upon the Site and use the Fuel Facility, and that the City will not require the Contractor to assume any such fueling obligation with resPt:ct to the operator-tenant Lozares. IN WITNESS WHEREOF, the Parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. . 6 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl1136681.Val1ey Crest Oolf Maintenancc\Cl1136681 Valleycrest OC Maintenance Agreement FINAL 1 0.12.201 O.doc CITY OF PALO ALTO City Manager or Designee (Required on contracts. $85,000 and over) Approved as to fOnD: Senior Assistant City Attorney VALLEYCREST GOLF .COURSE MAINTENANCE, INC. By ~A,&< . Name G-'CjfltCY A. Pte.s"\...Q;l~ Title Pruilh t= Telephone~ K \3"''''' 3, .. ) I'~ .~ 5 ~ev.1aouery II, 2010 C:\DOCII1lIen1J and SctIingslgpielOhalalLocal SeI1Inga\"fcmpomy Internet FiIos\OLK29\C11136681 VaUayuest ac Maint.nan •• Agroement FlNALIO 12 2010.doc EXHIBIT "A" SCOPE OF SERVICES SPECIFICATIONS & REQUIREMENTS Contract No. C11136681 GOLF COURSE MAINTENANCE PROJECT Specifications for the Services to be provided by the Contractor of the Golf Course: . I. SCOPE OF WORK-Golf Course Maintenance The Contractor shall provide the highest quality of Golf Course maintenance services and materials: The Contractor agrees to provide the highest quality commercially accepted methods, procedures and. scientific controls for Golf Course maintenance. The term "scientific controls" means the practices based upon the recommendations of the University of Califorrl'ia, the U.S. Forest Service, or similarly qualified experts, a'nd the recommendations set forth in the University of California Cooperative Extension Publications, the Consumer Products Safety Commission Playground Guidelines and information in standard landscape industry references. The obligations set forth herein shall include the use of proper .knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the Term. The Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise·prompt and proper corrective action. Action times will be prioritized, and. low priority items will be given a time line for corrections. A PRELIMINARY WRITTEN REPORT SHALL BE SUBMITTED FOR MAJOR CORRECTIVE PROBLEMS NOT COVERED IN THE AGREEMENT. The Contractor shall communicate to the City ALL hazards that are seen while on site. II. GOLF COURSE MAINTENANCE SERVICES SPECIFICATIONS 1.0 GENERAL REQUIREMENTS The following specifications shall apply to the Golf Course. The Contractor shall furnish all labor, equipment, materials, tools, services and special skills required to perform the Services as set forth in these specifications . and in keeping with the highest industry standards of quality and performance. NOTE: Any and all· references to the role or duties of the Golf Services Manager (GSM) in this Agreement shall not be deemed or construed to relieve the Contractor of any duty or obligation to maintain the Golf Course in conformance 7 Rev. January 11,2010 S:\ASD\PURCH\SOLIClT ATlONS\CURRENT BUYER·CM FOLDERS\KATHY\Contra cts\CI I 136681-Valley Crest Golf Maintenance\Cl I 136681 Valleycrest GC Maintenance Agreement FINAL! 0.12.201 O.doc to the specifications of Exhibit "A". 1.1 SAFETY 1.1.1 The Contractor shall perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices .. dur.ing the maintenance and operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; ~nd agrees additionally to accept the sole responsibility for complying with all·local, County, State or other legal requirements, including, but not limited to, full compliance with the terms of the applIcable OSHA and CAL OSHA Safety Orders, and at all times protecting all persons, including the Contractor's employees, vendors, members of the public or others from foreseeable injury or damage to their property. On and after the Effective Date, the Contractor shall identify and inspect all potential hazards existing or subsequently occurring at the Site and the Facilities, and shall create and maintain a written log, indicating the ·dates of inspection and actions taken. . 1.1.2 The Contractor shall ensure that all required certifications and training methods are adhered to and current. Evidence of the same shall be maintained at the Site or as otherwise approved by the City. 1.1.3 For the safety of the general public at the Golf Course and the Palo Alto airport and its employees, agents, representatives, contractors and subcontractors, the Contractor shall adhere to the appropriate handling and use requirements for hazardous materials, pesticides, chemicals and fungicides used in connection with the rendering of the Services. The use of the aforementioned items will require proper certification of applicators, evidence of which shall be maintained at the Site or· as otherwise approved by the City. Notices will be prominently posted in public areas for the use of hazardous chemicals or pesticides .. ·1.1.4 When its employees are performing the Servic~s, the Contractor shall make every effort to keep sidewalks, vehicle travel lanes and driveways open and unobstructed at all times, and shall honor standard golf etiquette by performing maintenance tasks within acceptable golf play conditions. 1.1.5 The Contractor shall inspect and identify any condition(s) that renders unsafe.anY portion of the. areas of the ~olf Course or the Site under its care and maintenance, as well as any unsafe practices occurring thereon. The Contractor shall notify the GSM immediately upon the discovery or knowledge of the existence of any l:lnsafe condition that will require remedial action, attention or other appropriate correction. The Contractor shall be responsible for making corrections, including, but not limited to,. filling holes and replacing valve box covers so as to protect golfers and· other members of the public from injury. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death by 8 Rev. January 11.2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\CII136681-Valley Crest Golf Maintenance\C 11136681 Valleycrest GC Maintenance Agreement FINAL 1 0.12.201 O.doc . the public, the Contractor's employees, agents, representatives, contractor and subcontractors as well as by any other entity present or occurring in at the Golf Course or the Site, including a complete written report thereof to the GSM within twenty-four (24) hours following the occurrence of such event. 1.2 PROTECTION OF PROPERTY 1.2.1 During Periods of Inclement Weather: The Contractor will provide supervisory inspection of the Golf Course during regular hours to prevent or minimize possible damage. The Contractor shall submit a report identifying any storm damage to the GSM, which shall be attached to a site map" that identifies the location of damage." The Contractor's employees shall continue to perform the Services that are or will not be affected by such inclement weather (e.g., "clean-up a·nd. facility maintenance, as well as work caused by the inclement weather). "" 1.2:2 The Contractor shall exercise due care during the performance of the Services in protecting from damage all existing facilities, structures and utilities, including both aboveground and underground City property. Any damage to. the City's property that is determined to be caused by the " Cantractor's act or omission shall be corrected and paid far by the Contractor, upon request, at no cost to. the City. 1.2.3 If the City requests or directs the Co.ntractar to. perfarm Services wark in a specified area, then the Contractor shall be responsible for verifying and locating (and markin"g by USA) any underground utility systems and far taking reasonable precautians whenever its employees are or will be· working in these areas. Any damage or problems shall be reported immediately to the GSM. 1.3 INTEGRATED PEST MANAGEMENT. 1.3.1 The Contractor shall satisfy and athelWise comply with the follawing IPM provisians: a. T\1e Cantractar must wark clasely with the GSM and the City's IPM Coordinatar (the "IPMC") to achieve annual IPM goals which strive to. reduce the amaunt and taxicity of pesticides that are used while maintaining the health and aesthetics of the Golf Course. The Cantractar must attend annually City IPM meeting, caordinate with the IPMC an annual goals, and meet quarterly to track progress on annual gaals and troubleshaot IPM problems and respond to public requests. b. Within thirty (30) days of the Effective Date and annually on the anniversary date (Navember 1st or as othelWise specified) af this , 9 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\CIII36681·Valley Crest Golf Maintenance\CI I 136681 Valleycrest GC Maintenance Agreement FINALIO.l2.2010.doc Agreement, the Contractor shall submit to the GSM and the IPMC, an Integrated Management Plan (the "Plan") that compli~s with the City's IPM Poiicy. The Plan ·shall be reviewed annually for currency . updates and modifications. Frequent and thorough site inspections on foot will be needed to ensure no major fungal or insect infestations shall occur. c. Fungicides, insecticides and herbicides will be approved prior to use by the GSM with IPMC consultation. New pesticides may not be used without the GSM's prior written authorization. Pesticides ·win·be selected in accordance with the City's goal to minimize the use of ecotoxic "Tier 1" pesticides and the total amount of pesticides (active ingredient) as defined in the CitY's annual pest report .. d. The Contractpr must maintain any pre-existing IPM strategies used at the Golf Course, unless it is otherwise determined by the GSA in conSUltation with the IPMC. e·. The Contractor acknowledges that the City believes and is informed that the reduction in use of Tier 1 fungicides at the Golf Course has been a key component of the reduction of pesticide toxicity at the Golf Course. Whenever the use of fungicides is deemed necessary by the Contractor, Tier 2 fungicide use shall be maximized prior to the Contractor's use of Tier 1 fungicides. If Tier 1 fungicides must be used, then Tier 1 fungicides that are not ecotoxic (a subset of Tier 1 pesticides) must be used first. Attachment 3 contains a list of current fungicides that are used, which includes the preferred Tier 2 products. The City's Environmental Compliance Program will provide technical assistance in· determining product toxicity and Tier rankings. f. The City reserves the right to disallow and otherwise prohibit the Contractor from using any pest control measure that the City determines may jeopardize the public health, safety and welfare at the Golf Course or threaten the environment or which conflicts with the intention of the City's IPM policy .. g. Rodent control will be performed by trapping. Baiting or fumigant use is prohibited unless authorized by the GSM in consultation with the IPMC. Trapping will be performed using devices that are preapproved .by GSM using humane trapping procedures in order to minimize stress or animal discomfort. h. For. insect or other invertebrate control in, on or about the Golf Course, Golf Course buildings and other structures, the Contractor's first priority will be to address conditions that are conducive to insect pests' infestation and conserve naturally· 10 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\Cll136681-Valley Crest Golf Maintcnance\C 11136681 Valleycrest GC Maintenance Agreement FINAL 1 0.12.201 O.doc beneficial insects (or other invertebrates). Selective applications of the least-toxic pesticides may be used only when non-chemical control measures have been exhausted. The following products shall not be used for insect control: i. Products labeled with the signal word "danger" ii. Organophosphate products (e.g.,diazinon or chlopyrifos) . . iii. Carbamate products (e.g., carbaryl) iv. Pyrethroid-containing products Biological controls will be based upon sound information such as that provided by the University of California. The CSD staff will provide Site-specific historical data for known infestations. . i.. The Contractor must provide regular pesticide reporting information in electronic format using the City's Contractor's Pesticide Application Form (Attachment 2) and to be emailed to the GSM and the IPMC by the 15th day of each month for the previous month's work, unless it is otherwise agreed to and approved by the IPMC. The Contractor must also have internet access and the ability to ehter pesticide use information online if the City provides that· reporting mechanism. " j. For the City's Annual Pest Management and IPM Report, the Contractor must also provide information confirming appropriate training of staff, an annual inventory of hazardous materials and hazardous wastes to ensure expired or prohibited products are appropriately disposed and a written summary of the ·challenges and successes of IPM program efforts annually. The brief report format (Attachment 2) shal~ be provided by the City, and shall be . due to the IPMC by December 3.1 of each year. k. In accordance with the City's shared Municipal Regional Storm water permit, IPM training must be provided to the Contractor's staff at a minimum of once every three (3) years, or at a minimum of one time during the Term, as shall be established by the GSM. I. . Requests for information from the GSM or IPMC must be responded to within 48 hours . . All materials used shall be in strict accordance with and applied within the standards set forth in the EPA regulations and the California Food and Agricultural Code. The Contractor is responsible for obtaining a'lI required permits and maintaining the required usage documentation and to comply with all requests from the Santa Clara County Agricultural Department to fnspect records, licenses, training 11 Rev. January 11,2010 S;\ASD\PURCH\SOLICITATIONS\CURRENT BUY.ER-CM FOLDERS\KATHY\Contra cts\CI I 13668I-Valley Crest Golf Maintenance\CII136681 Valleycrest GC Maintenance Agreement FINALIO.l2.2010.doc certificates, equipment and storage facilities. All applicable regulations shall ~e strictly adhered to, and all required reporting shall be the responsibility of the ' Contractor. 1.3.2 Pesticide Application Timing: Pesticides shall be applied at times that limit the possibility of contamination from weather, irrigation or other factors. Early morning or evening application shall be used when possible to avoid contamination from drift. If applicable', drift control skirted booms must be used when golfers are present if applicable. Small backpack applications may be performed based on weather protection and with provisions made for the safety of golfers. The applicator shall monitor and forecast weather conditions. to avoid making application prior to the occurrence of inclement weathet in order to eliminate the potential for the runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. Whenever water shall be required to increase pesticide efficiency, it shall. be applied only in quantities specifi~d on the label requirements and of which each area is capable of receiving without excessive runoff. 1.3.3 Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials·are confined to the target area. Spray tanks containing leftover materials shall not be drained on or about the Site to prevent contamination. Disposal of pesticides' and tank-rinsing materials shall be handled in accordance With the guidelines established in the California Department of Food and Agricultural Code and/or EPA regulations, whichever imposes the higher ~uty of care on the Contractor. 1.3.4 Equipment and Methods:' Spray equipment shall be in good operating condition, quality, and design to efficiently apply material to the target area. The Contractor shall avoid the use of high pressure applications, but it will be permitted to use water soluble drift agents that will minimize drift. 1.3.5 Recommendations: All pesticide applications shall be made jn accordance with written recommendations provided by a licensed Pest Contro'l Advisor (PCA); a copy of each written recommendation of the PCA will send to the GSM. A licensed Qualified Applicator (who possesses a Qualified Applicator Certificate) shall be kept at the Site during application. 1.3.6 Selection of Materials: Pesticides shall be selected from those approved for golf course use by California Department of Food and Agriculture and in compliance with Section 1.3, which lists the prohibited pesticides. 1.4 SOUND CONTROL REQUIREMENTS 1.4.1 The Contractor shall comply with all local sound control and noise level rUles', regulations and ordinances, which apply to any work performed , . 12 Rev. January 11,2010 S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cll136681:. Valley Crest Golf Maintenance\Clll36681 Valleycrest GC Maintenance Agreement FINALl 0.12.20 1 O.doc · . pursuant to the contract. 1.4.2 Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a 'muffler of a type recommended by the manufacturer of such equipment. No .internal combustion engine shall be operated on the project without said muffler. 1.5 EQUIPMENT AND ACCESSORIES 1.5.1 The Contractor shall provide all necessary equipmentneeded to perform the Services as set forth in this Exhibit "A". 1.5.2 As of tlie Effective Date, the Contractor shall purchase from the City the equipment, listed in Attachment A, in the "as-is", "where-is" condition in the amount of $125,000, which sum shall be paid to the City on or before the Effective Date. The Contractor will assume all rights and obligations relating to the equipment as of the Effective Date. To the extent that the City will require the Contractor to execute a bill of sale for such equipment, the Contractor will execute and deliVer the same promptly to the City. 1.5.3 A third party 'furnishings, fixtures and equipment' consultant will value the remaining supplies, materials and minor tools and equipment (not the subject of the .sale and purchase) at the Site that is related to Golf Cours~ maintenance. The Contractor shall pay the City for the cost of the .' independent consultant's valuation by the Effective Date or as soon as practicable as agreed to by the City. 1.5.4 The Contractor shall take all necessary precautions for safe operation of purchased equipment and the protection of the public from injury and damage from such equipment. 1.5.5 All accessory equipment must be maintained in a clean, safe, functioning condition at all times and repainted as required to present an aesthetically pleasing appearance. . 1.5.6 The Contractor shall be responsible for the repair and repl.acement of Golf Course signage, shoe brushes, trash receptacles, ash urns, greens cups, NCGA tee markers, benches, s~nd rakes, flags and poles, ball washers, fairway yardage poles, and sprinkler yardage markers. 1.6 INQUIRIES AND COMPLAINTS .; 1 ~6.1 The Contractor shall have at the Golf Course and the Site designated responsible management personnel who will be authorized to take the necessary action regarding inquiries and complaints that may be received by the City, the golf course management services professional and/or patrons during regular business hours. Copies of any and all public correspondence will be provided to the GSM. 13 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Conlra cts\Cl1 136681-Valley Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINAL 1 0.12.2010.doc 1.6.2 Whenever immediate action is required to prevent impending injury, death or property damageto the Site and/odhe Facilities and the Golf Course facilities to be maintained or serviced by the Contractor, the City may. after . reasonable attempt to notify the Contractor,cause such action to be taken by the City's employees, agents, representativ~s, contractors and subcontractors and shall be permitted to charge the full cost thereof to the· Contractor .. The Contractor shall reimburse the City for such .costs and expenses within ten (10) days of demand. . . 1.6.3 . All complaints shall be abated as soon as possible after notification to the satisfaction of the City. If-any complaint is not abated within a reasonable time, the Contractor shall notify immediately the City of the reason for not abating the complaint, which shall be followed ·by a ·written report. sent to the GSM within three (3) days of the incident giving rise to the complaint. 1.6.4 Monthly golfer surveys will be conducted; golfer satisfaction of Golf· Course conditions, indicating 'good' or 'excellent' is expected from 80% or more of responses. The City reserves the right to consult with the Contractor in the event the responses fall below such threshold. . 1.7 MAINTENANCE EMPLOYEES/UNIFORMSNEHICLES 1.7.1 Employees: The Contractor shall designate a full-time Class "A" Golf Superintendent and Mechanic (the "Superintendent"), who shall be assigned to full-time service at the Golf Course. There shall be present at the Golf Course an English-speaking supervisor,who shall be fully trained in all maintenance responsibilities and who sh~1I remain on-site at all times while the Services are being performed at the Golf Course. The Contractor shall provide to the City on or before the Effective Date, all job classifications and descriptions for personnel who will be assigned duties, responsibilities and services to be performed at the Golf Course in 'furtherance of the Con~ractor's obligations under the Agreement. A minimum .of ten (10) full-time equivalent maintenance employees, between March 1st and October 30th , and eight (8) full-t.ime equivalent maintenance employees, between November 1st and February 28th , shall be assigned to work solely at the Golf Course and shall not be assigned duties or responsibilities at other sites nor shall they be rotated between . other sites that are maintained by the Contractor. The Contractor may use temporary employees in case of absences or emergencies, if those employees are trained in golf course maintenance, etiquette, and are in uniform in accordance with applicable standards. The Contractor may use temporary employees in case of absences or emergencies if those employees are trained in golf course maintenance, etiquette, and are in uniform and as otherwise will comply with industry standards. 14 Rev. January 11,2010 S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER·CM FOIDERS\KATHy\Contra· cts\CII136681·Valley Crest Golf Maintenance\C11136681 Valleycrest GC Maintenance Agreement FINALI0.~2.2010.doc All maintenance employees shall present a neat, well-groomed appearance at all times. The Contractor's employees shall act in a courteous, professional manner at all times. Every effort shall be made to perform the work while creating minimum disturbance to the golfers. Any Contractor employee, who is determined by the GSM to be incompete-nt, disorderly, and intemperate or otherwise behaves objectionably, upon request of the G8M, shall be immediately removed by the Contractor from the Golf Course crew and replaced with a satisfactory replacement. The Superintendent will attend and participate in bi-weekly Golf Course management/tenant meetings, monthly Golf Advisory Committee meetings and other Golf Course-related meetings, whenever the subject of Golf _ Course maintenance will be a topic or related topic of discussion. The Superintendent shall play the Golf Course in order to be able to discuss-the Golf Course conditions with the golf course services professiOnal and golfer patrons and experience first-hand the playing conditions. Rounds shall be limited to the weekdays, and in no event more than four (4) complimentary rollnds a month, subject to space availability, and no advance reservations will be permitted. All other Contractor maintenance staff assigned to duties at the Golf Course may play two (2) complimentary rounds a month, weekdays only, subject to space availability, and no advance reservations. The Contractor's staff, who will be assigned to duties at the Golf Course, shall be fingerprinted before they will be permitted to commencing work on behalf of the Contractor at the Golf Course. The Contractor will confirm, in writing, of such fingerprinting, upon request of the G8M. 1.7.2 Uniforms: The Contractor shall pay for and bear the maintenance cost of uniforms for all employees working on the Golf Course. The uniform shall be worn as a complete unit and be fitted properly. The uniform shall be cleaned and pressed with no rips, tears or permanent stains present. The uniform shall include an inSignia or logo that refers to "City of Palo Alto Municipal Golf Course." In cool weather when a jacket or sweatshirt is needed, the jacket or sweatshirt shall be worn as the outer garment. All shirts and jackets shall have the golf course logo and the worker's first name on them. Protective golf staff equipment shall be determined by the Contractor when working on the golf Gourse. When working elsewhere at the facility, but not within the actual field of play, a cotton uniform cap with either of the golf course logos may be worn, but must be worn with the bill facing forward at all times. 15 Rev. January 11,2010 -S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\K.ATHy\Conlra cts\CII136681.Va1ley Crest Golf Maintenance\Cll1366~1 Va1leycrest GC Maintenance Agreement FINALIO.l2.2010_doc 1.7.3 ,vehicles: All vehicles owned, controlled or used by the Contractor afthe Golf Course shall be maintained in good mechanical and body repair. The vehicles shall be in clean condition, both inside and outside at all times. The vehicles driven on public roadways shall bear the Contractor's , company name or seal, which shall be visible on both sides of the vehicles. The,vehicles used on the Golf Course will also display an adopted insignia or logo that refers to "City of Palo Alto Municipal Golf Course." ' Each vehicle shall be equipped to hold all necessary tools and equipment in a neat and orderly fashion. 1.8 THE CITY'S RIGHT TO DO WORK The City reserves the right to perform work as required on the Golf Course, including all areas, grounds, buildings and structures, and to access the Site to use any building or shed thereon and perform maintenance or other work on City-owned lighting and other facilities on or about the Site. The work referenced herein may include, but is not limited to, capital improvements and/or alterations intended to improve the Golf Course facilities and infrastructure. If such project(s) will affect the Contractor's cost to provide the 'Services as agreed to in the Agreement and the Contractor desires to seek compensation fpr ,addjtional costs, then the Contractor shall be required to submit, in writing, justification to support the additional costs before incurring any such costs. The. Parties will review the justification .in order to be able to address any desired modifications to the compensation provisions of this Agreement. 2.0 SPECIFIC MAINTENANCE REQUIREMENTS 2.0.1. The Contractor shall notify the City prior to use of a subcontractor on the Golf Course. All subcontractors shall obtain and maintain appropriate insurance alid comply with safety requirements and shall be trained in golf course etiquette procedures prior to any work being performed. 2.0.2 The Contractor shall provide to the golf course services professional and Pro-Shop tenant upon request any fuel located at the Site and Facilities in connection with the operator-tenant's golf course-specific equipment, such as a ranger vehicle and one or more smick carts. As set forth in Section Z and in Section AA of the General Terms and Conditions, the Contractor and operator-tenant shall collaborate on an agreement relating to fueling operations and compensation for fuel. 2.0.3 All Golf Course-related plans, blueprints, and drawings are the property of the City and shall not be removed from City property. The Contractor shall be permitted to make copies as required, to ensure the original set of plans, blueprints and drawings remain in good condition. 16 . Rev. January 11,2010 \\Cc·tcrra\shared\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cll 136681-Valley Crest Golf Maintenancc\Cll136681 Valleycrest GC Maintenance Agreement FINALIO.l2.2010.doc ·2.0.4 The Contractor shall perform any required maintenance activities, including, but not limited to, ropes, stakes, traffic control, turf aerification, and overseeding as a result of golf cart use on the Golf Course. . 2.0.5 The Contractor shall-meet weekly with the golf professional to coordinate golf events and maintenance activities. 2.1 MAINTENANCE RECORDS The Contractor shall provide the GSM with a written schedule of the work to be performed during the following month, which shall include, but is not limited to: general Golf Course maintenance, aerification, tree trimming, pond maintenance, herbicide/insecticide application, fertilization and replacement of plants with ~right colors. The report shall be provided in a format developed by the Contractor and approved by th~ GSM. If the Contractor finds that it is not possible to maintain the submitted .schedule, the GSM shall be advised, and arevised schedule shall be submitted. 2.1.1 The Contractor shall maintain and keep current a log that records all on­ going, seasonal and additional work, and maintenance functions performed on a daily basis by the Contractor's personnel. The report shall be in a form and content acqeptable to the GSM and shall be submitted to the City concurrent with the monthly invoicing. The monthly payment will . not be made until such rep'ort is received by the City. . 2.2 TREES' 2.2.1 Trees trimmed as needed. All tree trimming activities shall be performed on a schedule approved by the GSM and in accordance with the tree, shrub and other wood plan maintenance pruning practices outlined by the American National Standards Institute, Inc. (ANSI) and International· Society of Arboriculture (ISA) Best Management Practices standards. However, such trimming and pruning is a minimum level and shall not relieve the Contractor of other responsibilities set forth herein. The Contractor shall consult with the City's Managing Arborist on issues concerning the removal or treatment of trees at the Golf Course. 2.2.2 Trees shall be kept in healthy condition and pruned as required to remove broken or diseased branches. The Contractor shall develop a pruning . program, which will promote proper tree scaffolding, strength, and . appearance consistent with its intended use. The Contractor shall prune trees to allow wind to pass through the tree, reducing and preventing B­ "sail" effect when needed. 2.2.3 Trees located adjacent to vehicular and/or pedestrian traffic ways shall be maintained so as not to obstruct vehicle and/or pedestrian visibility and clearance. Trees interfering with airport tower vision must be trimmed and 17 Rev. January 11,2010 S;\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\I(ATIIy\Contra C1s\CII136681-Valley Crest Golf Maintenance\Cll136681 VaIJeycrest GC Maintenance Agreement FINALI 0.12.201 O.doc lowered a~ needed. 2.2.4 Fertilization shall be scheduled as often as required to keep trees in a healthy and desirable condition per soil analysis and identification of. nutrient deficiencies as outlined in the pruning specifications. The Contractor shall not apply fertilizer to the root ball or the base of the main stem, but shall spread evenly in the area of drip zone. 2.2.5 Tree stakes, ties, and guys shall. be checked and corrected as neede~. Ties will be adjusted toprevent girdling. Remove unneeded stakes, ties, and guys as required. Re-stake trees as required using lodge pole stakes. 2.2.6 Prune trees along sidewalks and cart paths to allow a ten (10) foot clearance for pedestrians and golf carts and fifteen (15) feet above curb and gutters for vehicular traffic. 2.2.7 Ailing or stunted trees which fail to meet expected growth will receive additional nutrient treatments to correct any deficiencies. Terminally diseased trees are to be removed per the City's removal policy and procedures. . 2.2.8 . Surface roots, which become maintenance or appearance problems, will be removed or additional soil and sod cover shall be placed as required to prevent damage to adjacent areas, mowers and golf carts. No weed whip marks or herbicides around exposed roots or trunks. 2.2.9 Any trees that are blown over shall either be removed and replaced or topped and righted at the Contractor's expense. .,' 2.2.10 The Contractor shall develop a tree management plan within six (6) months of the Effective Date, which shall be approved by the GSM, for maintenance of existing trees, removal of dead or diseased trees, and replacement of aging trees. The Plan will be reviewed by the City's Managing Arborist for comments and amendments before being accepted by the City. 2.2.11 Any dead tree that exists through no fault to the Contractor shall. be removed (with the City's prior approval), including stump grinding and repair of such area at the Contractor's expense. 2.2.12 Any dead tree that is present through the fault of the Contractor shall be removed (with the City's prior approval) and replaced per the City Tree Ordinance at the Contractor's expense. 2.2.13 The Contractor shall plant and care for up to 50 new trees each year of the contract. Trees will be provided by the Contractor. Salt tolerant trees, recycled water tolerant, wind breaks, maximum height requirements (airport) will be considered when selecting trees. 18 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATrONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\CII136681-Valley Crest Golf Maintenance\CI1136681 Valleycrest GC Maintenance Agreement FINAL! 0.12.201O.doc 2.2.14 The Parties agree that the annual compensation provided her~in includes an amount not to exceed $13,000 annually, allocated for the arbor care, including tree planting, stump grinding and major tree trimming, and associated green waster disposal for ~rees above 15 feet from the ground. 2.3· SHRUBS The Contractor shall: 2.3.1 Pr~ne shrubs to retain as much of the natural informal appearance as possible. 2.3.2 Shrubs used as formal hedges or screens shall be pruned as required to present a neat, uniform appearance. . 2.3.3 Remove any spent blossoms or dead flower stocks as required to present a neat, clean appearance. 2.3.4 Plants growing over curbing and/or sidewalks shall be trimmed on a natural taper rather than vertical so as not to appear to be hedged. 2.3.5 Schedule the application of a commercial fertilizer as often as required to promote optimum growth and healthy appearance to all shrubs. 2.3.6 Any plant requiring removal shall be replaced by the Contractor. 2.4 GROUND COVER -NATIVE GRASSES 2.4.1 Apply all chemical control (e.g. pesticides) as required and in conformance with the Golf Course Integrated Pest Management Plan that will be approved each year (Section 1.3) to contro"l or prevent pest infestations to protect ornamental planti~gs. 2.4.2 Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance. 2.4.3 Cultivate and/or spray herbicide to remove broad-leafed and grass weeds as required (and in conformance with the Golf Course Integrated Pest Management Plan that will be approved each "year (Section 1.3). Shrub beds shall be maintained in a weed free condition. 2.4.4 Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees·, into curbs, or on structures or walls. Keep trimmed back· approximately 4 inches from structure or walls. 2.4.5 Fertilization: Schedule fertilization of all ground cover areas with a commercial fertilizer as often as required to promote healthy appearance. Any fertilizer or chemicals must be applied is strict adherence with 19 Rev. JlIrluary 11,2010 S:\ASD\PURCIDSOLICIT A TlONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cll136681-Valley Crest Golf Maintenllrlce\Cll136681 Valleycrest OC Maintenance Agreement FlNALI0.12.201O.doc manufacturer's directions to avoid contamination of waterways or disturbance of natural resources. Fertilizers that contain pesticides must be reported to the IPMC on the Contractor's Pesticide Application Form. 2.4.6 Ground cover plants shall be added as needed to ensure a solid mass planting in conformance with the original intent. 2.5 PEST CONTROL ON PLANTS , . 2.5.1 The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases in conformance with the Golf Course Integrated Pest Management Plan (Section 1.3): 2.5.2 The Contractor shall supply the proper chemical designated for the pests to be controlled. Any pesticides or chemicals must be applied in strict adherence with manufacturer's directions to avoid contamination of waterways or disturbance of natural resources and be in conformance with the Golf Course IPM Plan that will be approved each year. 2.5.3 The Contractor shall obtain all necessaiy regulatory permits and assume responsibiJity for the use of all chemical controls. 2.6 . IRRIGATION SYSTEM The Contractor will assume all responsibilities for maintenance and repair . of all 2 inch and smaller pipe and all components of the irrigation system such as sprinkler heads, valves, valve boxes, restraints, gaskets, swing joints, quick couplers, saddles, electrical, controller satellites, and hardware of the Golf Course irrigation system. All expenses for parts and labor will be paid for by the Contractor. When replacing steel nuts and bolts the Contractor will use only highest grade stainless steel. All components will be replaced with same manufacture and models as components being replaced unless otherwise approved by GSM. 2.6.1 EFFICIENT USE OF WATER: 2.6.1.1 Considerations must be given to soil texture, struCture, porosity, water holding capacity, drainage, compaction, preCipitation rate, run off, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of grass, . plant and root structure. This may include syringing during the day and watering during periods of windy weather. 2.6.1.2 The Contractor shall be responsible for daily monitoring all systems within premises and correcting for coverage, adjustment, clogging of lines and sprinkler heads, .removal of obstacles, including plant materials which obstruct the spray. 20 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENTBUYER-CMFOLDERS\KATHy\Contracls\C11Q6681-Valley Crest Golf Maintenance\Clll36681 ValJeycrest GC Maintenance Agreement FINAL1 O.l2.2010.doc 2.6.1.3 The soil moisture content on greens, tees and fairWays shall be checked regularly and appropriate adjustments made. Adequate soil moisture shall " be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices and programming irrigation controllers accordingly. 2.6.1.4 The Contractor shall obserVe and note deficiencies occurring from the original design of facilities and review these find ings with the "GSM so necessary improvements can be considered. 2.6.1.5 All" leaking or defective valves, lines, sprinkler heads, and quick cquplers shall be repaired within twenty-four "(24) hours at the expense of the Contractor. A report of such repairs shall be given to the GSM weekly. 2.6.1.6 The Contractor shall turn off all controllers when it is not necessary to irrigate due to adequate rainfall. 2.6.1.7 The Contractor shall monitor reclaimed water and potable water. Reclaimed water shall not exceed 65% and potable water costs shall not exceed $250,000. The Contractor shall notify GSM if these costs exceed $225,000. As conditions dictate GSM may approve additional potable water use. 2.6.1.8. The City acknowledges that the adequacy of water supply and quality cannot be guara~teed for water irrigation purposes and that, after the Effective Date, the City may adopt water usage restrictions and take other measures that could impact the amount of water available for irrigation purposes at the Golf Course. In the event that the City becomes aware of a decrease in the water supply, then the City will inform the Contractor of such occurrence, and the Parties promptly will use reasonable efforts to ascertain the effect, if any, of the decrease in water supply on the standards of maintenance to which the Contractor is required to adhere in t~e performance of the Services. To the extent practicable, the City will endeavor to prioritize water usage in order to cause the least impact to the water supply available to the Golf Course, and the Contractor's obligation to adhere to the standards of maintenance will be evaluated by the City under then prevailing conditions of a decrease in water supply for irrigation purposes. 2.6.2 SYSTEM MAINTENANCE " The Contractor is aware of the current location and general condition of the Golf Course's water irrigation system and accepts the system in its "as-is" "where-is" conditions, and agrees to be fully responsibility for the repair and maintenance of the system. Any required replacements, repairs, and maintenance to existing components of the system to ensure the system remains in operation are the sole responsibility of the Contractor. Appropriate personnel shall be trained in the use of the master 21 " Rev. January 11,2010 S:\ASD\PURCIDSOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THy\Contra cts\Cll136681-Valley Crest Golf Maintenance\Cll136681 Valleycrest OC Maintenance"Agreement FINALI 0.12.201 O.doc irrigation computer. 2.6.2.1 All controllers are to be kept pest-free, clean and visible. All parts and , repairs necessary to maintain the operation are the responsibility of the Contractor. 2.6.2.2 The computer and software (including annual service agreements) necessary to operate and maintain the irrigation control system shall be maintained by the Contractor. The Rainbird Support Agreement, a copy of which shall be made available to the Contractor by the City, shall be kept current by the Contractor at all times during the Term. Computer and Controller information will be properly kept. 2.6.2.3 Any repairs made by the operator shall be made in accordance with the industry stand~rds and conforming to all related codes and regulations. 2.6.2.4 The Contractor shall be responsible for adjusting the t)eight of sprinkler risers necessary'to compensate for growth of plant materials. 2.6.2.5 Automatic controllers and/or enclosures shall be locked while unattended. 2.6.2.6 All controller enclosures must be painted or replaced as needed to maintain a good appearance. 2.6.2.7 Sprinkler heads and valve boxes shall be kept clear of overgrowth which may obstruct m'aximum operation. Missing or broken valve boxes will be replaced by The Contractor. 2.6.2.8 Repairs and/or upgrades made to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality th~n currently provided. 2.6.2.9 The GSM shall be promptly notified of any interruption in water service to the Golf Course. 2.6.2.10 All irrigation repairs and maintenance including, but not limited to, sprinkler heads, piping, fittings, valves, controller boxes, controller supplies, and controller face plates must be performed utilizin'g the same manufacturer and type of product as existing materials. Any change to existing materials must have the prior approval by the GSM. 2.7 ANIMAL AND RODENT CONTROL The Contractor shall continuously, at a minimum on a weekly basis; control and eradicate rodents and other animal pests as necessary to prevent hazards, holes and destruction of plantings on golf course property in accordance with the Golf Course IPM Plan which will be 22 Rev. January 11.2010 S :\ASD\PURCH\SOLICrr A TIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cll136681-Valley Crest Golf Maintenance\Cll13668l Valleycrest GC Maintenance Agreement FINALl0.12.20l0.doc drafted annually and following specifications for rodent control. Damage to public or private property due to"erosion "as a result of rodent activity shall" be repaired at the Contractor's expense. The Contractor will use reasonable" efforts to several times daily remove the geese from the Golf Course. The Contractor shall contact the Palo Alto Airport Tower for their approval whenever there are attempts to remove the geese from the Golf Course. Goose guano shall be cleaned on an as­ needed basis on the Tees, Greens, Approaches, Fairways, and Cart Paths, using best management practices. 2.8 WEED CONTROL OF PAVED SURFACES The Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces by the use of mechanical weed control or with limited use of chemicals in accordance with the Golf Course IPM Plan. 2.9 WEED CONTROL IN LANDSCAPE AREAS Weed control in landscaped areas shall be accomplished by mulching and the use of mechanical weed eradication. 2.10 STRING TRIMMERS Care shall be exercised with regard to the use of string trimmers to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. A minimum of 12" bare soil or mulched buffer zone shall be maintained around the circumference at the base of all trees in I"andscaped areas. 2.11 GREENS Maintain all turf in accordance with playability and industry wide standards as determined by the GSM, observing the following minimum " requirements: 2.11.1 Greens shall be mowed daily in the s!Jmmer (March 1 -o.ctober 31) and a minimum ofthree (3) times per week during the winter (November 1 - February 28) with an approved greens reel type mower at a height of 130 or as recommended by the superintendent and approved by the GSM. Frequencies and height of cut may be modified from time to time as deemed necessary by the golf course superintendent with the prior approval of the GSM. All grass clippings must be" collected and removed from the site during each mowing operation, including dispersed in a method to prevent unplayable conditions. Greens must be mowed, and rolled if performed, prior to first golfer of day reaching each respective green, including the putting green. Care will be given on clean-up lap mowing to reduce turf loss and playability. 23 Rev. January 1l.2010 S;\ASD\PURCIDSOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Conlra cts\ClI136681-Valley Crest Golf Maintenance\Cll13668l Valleycrest GC Maintenance Agreement FINALl 0.12.20 IO.doc 2.11.2 Ball cups are to be relocated daily to USGA Standards to enable worn turf spots to recover. Putting green cups to be changed every other day. Hole positions will be rotated using front, middle, and back locations for each three hole sequence. Pin placement shall be in healthy turf area according to rotation plan. Hole plugs set at proper grade. 2.11.3 Verticutting of greens shall be scheduled bi-weekly or more including double verticutting during periods of active turf growth. Each verticutting shall be at 90 degrees to the previous cut. Verticutting activities should match the agronomic requirements of plant growth. This function shall be coordinated to compliment the aerification and topdressing schedules. Combing or brushing may also be done. Verticut depth should be . appropriate to playing conditions and agronomic needs. If play conditions are such that greens are not smooth for ball roll (bumpy), the Contractor shall utilize verticutting and 'other agronomic 'methods to improve golf ball roll. 2.11.4 Aerify greens at least two (2) times per year in spring, either March or April, and fall, either September or October, or more frequently if needed. Plugs will be removed the same day. Aerification shall be carried out with a minimum of interference to play. Aerification shall be scheduled at least 6 months in advance with the GSM and golf professional. All aerification hole sizes with a minimum of 5/8 inch hollow tine utilized, and spoil locations shall be pre-approved by the GSM. Aerification holes shall penetrate to a depth of three inches. Care should be taken to have as minimal disturbance to green surface from manual and eqUipment applications during aerification process. Aerification of greens for agronomic purposes, other than annual regularly scheduled aerifications, shall be reviewed and scheduled with the golf professional and GSM to reduce golfer impact. 2.11.5 Following all annual regularly scheduled aerifications, 'a topdressing sand material approved by the GSM shall be applied and brushed into the turf . with follow applications performed as needed. Application shall be done'; with an approved topdressing spreader or blown in with walking blowers. Spot topdressing may be applied to repair damage from ball marks or any other damage. Light topdressing will be done every two weeks during the active growth season to maintain turf playability and agronomic conditions. Turf irrigation requirements shall be adjusted during process to ensure proper agronomic conditions are met. 2.11.6 The Contractor shall have the soil analyzed after the start of the term of the contract and once every year thereafter on dates preapproved by the GSM. Apply fertilizer and nutrients in the quantity and type recommended by soil analysis and growing conditions at the time of treatment and in a manner to provide uniform growth of turf. Under normal conditions, 0.5 to 1.2 pounds of actual nitrogen per thousand 24 Rev. January 11,2010 S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER·CM FOLDERS\KATHy\Conlra cts\CI1136681-Valley Crest Golf Maintenance\Cl1136681 Valleycrest GC Maintenance Agreement FINAL I 0.12.2010.doc square feet shall be applied per growing month. Typically, a variety of granular slow release types of material or liquid sprayable fertilizer may be utilized. Use of materials to control salt damage and water infiltration shall be applied to meet the requirements of the turf and playable conditions. Fertilizer shall be applied every 3-4 weeks during the active growing season and every five (5) weeks for the remainder of the year. 2.11.7 Treat greens with proper chemicals to control insects, disease, weeds and other pests in conformance with the City's IPM Plan. 2.11.8 Greens shall be kept free of non-native and/or invasive grasses and/or broadleaf weeds that tend to creep in from the edges. A threshold level of 0-2% has been set for weeds and disease: Insect threshold has been set at 0-5%. No foreign grass encroachment from collars. 2.11.·9 EC readings should be taken during spring and fall to determine salts levels and if they are above normal, corrective action taken to reduce to appropriate levels to promote optimum health of the turf. 2.11.10 Green speed should be consistent daily on all greens with the difference between the lowest green speed and the highest green speed no more than one (1) foot in variance on the stimp meter through out golf course. G'reen speeds should be no lower than 8 feet in average daily during the months of May, June, July, August, September, and October, and no lower than 8 feet 6 inches daily for the other months. Green speeds should be maintained as high as agronomic conditions and play conditions allow. 2.11.11 Debris from trees shall be cleared prior to mowing and .during day as needed, no standing water or severe turf loss areas, pest and vandal damage to be repaired, and bare and stressed areas sodded or plugged to ensure quality playing conditions. 2.11.12 Ball marks shall b~ repaired daily. 2.12 COLLARS, APPROACH, BANKS AND GREEN SURROUNDS Maintain all turf in accordance with playability and industry wide standards as determined by the GSM observing the following minimum requirements: 2.12.1 Collars shall be mowed a minimum of two (2) times each week during the summer (March 1 -October 31) and one (1) to two (2) times each week during the winter to (November 1 -February. 28) maintain a height of % . inch, mowing with a triplex mower. 2.12.2 Green surrounds shall be mowed a minimum of two (2) times each week in the summer (March 1 -October 31) and one (1) to two (2) times per week in the winter (November 1 -February 28) to maintain a height of 1 25 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENTBUYER-CMFOLDERS\KATHY\Contracts\C11136681-Valley Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINALI 0.12.20 1 O.doc inch to 1-114' inches or a height as recommended by the Superintendent and approved by the GSM. If a rotary mower is" used, it shall be specifically designed to prevent scalping of the turf. 2.12.3 Fertilization frequency, 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, 0.50 to 0.75 pounds of actual nitrog"en per thousand square feet shall be applied every 6-8 weeks duririg the active growth season and every 8-10 weeks for the remainder of the year. Typically combinations of granular slow release . typ.e of materials may be utilized. . 2.12.4 Mowing directions should be changed to prevent turf depressions and turf loss. 2.12.5 Approach shall be mowed a minimum of two (2) to three (3) times each week in summer (March 1 -October 31) and one (1) to two (2) times per week in the winter (November 1 -" February 28) to maintain a height of % inch or a height as recommended by the superintendent and approved by the GSM, cut with a greens-type triplex mower. 2.12.6 Grass clippings shall be removed and dispersed properly to avoid affecting golf play. " 2.12.7 Bunker banks shall"be mowed to ensure no rutting occurs and proper turf heights are maintained. If rutting occurs, areas shall be sodded for repair. 2.12.8 Verticutting shall be performed at least two (2) times per year. All other provisions of section 2.11.3 shall be followed . . 2.12.9 Aerify at least two (2) times per year in spring and fall, or more freqLiently if needed, and remove plugs the same day. Aerification shall be carried out with a minimum of interference to play. Aerification shall be scheduled each year for the following year in :conjunction with the GSM and golf professional. All aerification hole sizes, with a minimum of 5/8 inch hollow tine utilized, and spoil locations shall be pre-approved by the GSM. Aerification holes shall penetrate to a depth of three inches. Care should be taken to have as minimal disturbance to the turf surface from manual and equipment applications during aerification process. Aerification for . agronomic purposes other than annual regularly. scheduled aerifications shall be reviewed and scheduled with the golf professional to reduce golfer impact. 2.12.10 Following all annual regularly scheduled aerifications, a topdressing sand material approved by the GSM shall be applied as needed. Application shall be done with an approved topdressing spreader. Turf irrigation requirements shall be adjusted during process to ensure proper agronomic conditions are met. 26 Rev. January 11,2010 S;\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KA1J-Iy\Contra cts\CI1136681-Valley Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINALI0.12.201 O.doc 2.13 TEE MAINTENANCE Maintain all turf in accordance with playability and industry-wide standards as determined by the GSM observing the following minimum requirements: 2.13.1 Service tees daily by moving tee markers, removing trash and checking benches and ball washers. Change tee towels and water weekly and . keep ball washers filled to proper level with wate(andappropriate cleaning agent. Tee markers shall be moved daily to healthy turf areas, placed at appropriate direction to play. Tee markers placed in healthy areas with tee markers .set flat to ground and direction of play .• 2.13.2 Mow tees two (2) times weekly in the summer (March 1 -Octob~r 31) and one (1) to two (2) times weekly in the winter (November 1 -February 28) with reel type mower, with baskets, at height of 112 inch or a height as recommended by the superintendent and approved by the GSM. All grass clippings will be collected and dispersed properly for playable conditions. 2.13.3 Aerify and topdress tees, with sand and mulch pre-approved by the GSM, at least two (2) times per year, or more frequently if needed, using the appropriate equipment with the minimum of inte'rference to play. Aerification shall be carried out with a minimum of interference to play and plugs removed the same day. Aerification shall be in conjunction with the golf professional and the GSM. All aerification hole sizes, with a minimum of 518 inch utilized, and spoil locations shall be pre-approved by the GSM. Care should be taken to have as minimal disturbance to tee surface from manual and equipment applications during aerification process. Bare areas sodded and leveled. 2.13.4 Fertilization frequency, materials and analysis shall be determined·from results of annual soil nutrient level testing and growing conditions at the time of treatment. Under normal conditions, 0.50 to 0.75 pounds of actual nitrogen 'per thousand square feet shall be applied every 6-8 weeks during the active growth season and every 8-10 weeks during the remainder of the year. Typically combinations of granular slow release type of materials may be utilized. 2.13.5 Repair worn and damaged turf areas as they occur by topdressing. overseeding or resoddingto ensure playability at all times. No standing water or mud holes and pest and vandal damage repaired. . 2.13.6 Tees shall be overseeded, with approved perennial rye seed by the GSM, following aerification and before topdressing at a rate of 9 Ibs. per thousand square feet of tee area. 2.13.7 Treat tees for control of insects, disease, weeds and other pests as necessary to maintain healthy turf. All treatments shall be in compliance 27 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\Cll136681-Valley Crest Golf Maintenance\Cll13668l Valleycrest GC Maintenance Agreement FINAL! O.12.2010.doc with the City's IPM Plan. A threshold level of 25% has been set for weeds and disease. Insect threshold is 33%. Spot spraying by location basis only when thresholds are exceeded. 2.13.8 Trash receptacles are to be' emptied daily. 2.13.9 A sand and seed container, approved by the GSM, must be available on all Par 3.holes, for use in repairing divots. A container must be set at each respective set of tee markers for each hole. Tee divots shall be filled with sand and seed at a minimum of once per week on all holes and twice per week on Par 3 holes. 2.13.10 Sufficient scorecard and pencil supplies shall be kept in stock at the scorecard station betwe~n the No. 1 green and the No.2 tee. 2.13.11 Tee yardag.e plaques, stations and signs shall be maintained and edged at all times. 2.13.12 Tee station items, such as markers·, signs, trash cans, ball washers, etc. shall be in good condition and repaired or replaced as needed. All tee station equipment cleaned and painted and ball washers operational. 2.13.13 Recycle trash containers shall be utilized and all recyclable glass, paper, plastic, aluminum and other recyclable material shall be collected arid turned into appropriate recycle centers. 2.14 FAIRWAY MAINTENANCE Maintain all fairways in. accordance with playability arid industry wide standards as determined by the GSM, observing the following minimum requirements: 2.14.1 Mow fairways two (2) times weekly in the summer (March 1 -October 31) and one (1) to two (2) times weekly in the winter (November 1 -February 28) at height of 5/8 inch or at a height as recommended by the superintendent and approved by GSM. 2.14.2 Aerify all fairways at least one (1) time a year. The equipment used to aerify the fairways shall be Power Take-Off (PTO) or self engine powered to enable a three (3) to five (5) inch coring depth (John Deere2000 . Aercore Aerator or equivalent) utilizing hollow coring, with a minimum of 3/4 inch hollow tine, as recommended by the superintendent and . . approved by the GSM and cores shall be removed from the fairways. Aerification shall be scheduled in conjunction with the golf professional and. the GSM. All aerification hole sizes and spoil locations shall be preapproved by the GSM. Care should be taken to have as minimal disturbance to turf surface from manual and equipment applications during aerification process. Slicing of the fairways at various intervals is 28 Rev. January 11,2010. S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KA THy\Conlra cts\CII136681-Valley Crest Golf Maintenance\C 11l3668l Valleycrest GC Maintenance Agreement FINALl O.l2.20l0.doc recommended to promote turf growth, improve water infiltration, and improve salt damage. . 2.14.30verseed all fairways.once per year, in fall and at a preapproved date with the GSM and golf professional, with perenial rye grass, pre-approved by the GSM, at a minimum rate of 400 Ibs. per acre. All seed shall be slit seeded into the soil to ensure adequate soil and seed contact. A post seed application offertilizer (15-15:-15 or equivalent) shall be applied with four (4) weeks of the overseed process at a rate of one (1) Ib per thousand of nitrogen. Overseed andtopdress (or re-sod) of worn or bare areas of fairways as necessary. 2.14.4 Treat turf to control weeds, invasive grasses (Le. Kikuyu), diseases, insects, and other pests as necessary to maintain fairway threshold level. A threshold level of 35% for weeds, 50% for disease and 40% for insects has been set. Spot spraying by location basis as needed when thresholds are exceeded. All treatments shall be in compliance with the IPM Plan. 2.14.5 A proper fertilizing and nutrient program shall be performed per soil testing recommendations each calendar year. Fertilization shall be performed a minimum of every 8-10 weeks during the active growth season and every 10-12 week during the remainder of the year. 2.14.6 Policing to control litter shall be done on a regular basis for the removal of all paper, leaves, cans, bottles, tree branches, etc. 2.14.7 Excessive turf clippings shall be dispersed by a method of dragging, baskets, vacuumed or blown to ensure proper playable conditions are· provided. Grounds under repair painted with appropriate white turf paint and roped off neatly and consistently throughout the golf course. Grounds under repair include those under repair by the Contractor and those areas where turf is at a level that is not consistent with other associated turf areas. Yardage markers and sprinkler head yardage markers in place and maintained. Cart traffic management devices in place; bare or stressed areas properly addressed. No standing water or mud holes. Pest and vandal damage repaired. 2.14.8 Excessive turf clippings shall be dispersed by a method of dragging, baskets, vacuumed or blown to ensure proper playable conditions are provided. Grounds·under repair painted with appropriate white turf paint and roped off neatly and consistently throughout the golf course. Grounds under repair include those under repair by the Contractor and those areas where turf is at a level that is not consistent with other associated turf areas. Yardage markers and sprinkler head yardage markers in place and maintained. Cart traffic management devices in place; bare qr stressed areas properly addressed. No standing water or mud holes. Pest and vandal damage repaired. 29 Rev. January 11,2010 S:\ASD\PURCHISOLICITA TIONS\CURRENT BUYER-CM FOLDERS\KA TIfY\Contra cts\Cl i 136681-Valley Crest Golf MaintenancelCll136681 Valleycrest GC Maintenance Agreement FINAL I 0.12.201 O.doc 2.15 ROUGHS MAINTENANCE Maintain all turf in accordance with playability and industry wide' standards as determined by the GSM, observing the following minimum standards: 2.15.1 Mow one (1) time per week in the summer.(March 1 -October '31) and at least biweekly during the winter (November 1 -February 28) at ~ height of . 1-1/2 inches or a height as recommended by the superintendent and approved by the GSM. . 2.15.2 Rodent control and repair as needed, All rodent control shall be in compliance with the IPM Plan. Pest and vandal damage repaired. 2.15.3 Overseed and topdress (or resod) worn or bare turf areas as necessary. 2.15.4 Fertilization frequency, materials and analysis shall be determined from results of biannual soil nutrient level testing and growing conditions at the time of treatment. Fertilization shall be performed a minimum of every 8- . 10 weeks during the active growth season and every 10-12 week period during the remainder of the year. 2.15.5 Treat turf to control we~ds, disease, insects and other pests as necessary to maintain rough threshold. All treatments shall be in compliance with the IPM Plan: A threshold level of 100% for insects and disease. Weed threshold has been set at 50%. Spot treatment by location basis only when'thresholds are exceeded. 2.15.6 Grounds under repair painted with appropriate white turf paint and roped off neatly and consistently throughout the golf cou·rse. Grounds under repair include those under repair by the' Contractor and those areas where turf is at a level that is not consistent with other associated turf areas. No standing water or mud holes, hazards properly marked, and free of debris that affects play. 2.16 OTHER TURF AND MAINTENANCE AREAS These areas consist of areas not detailed above, 2.16.1 All debris such as litter and branches shall be removed from the course daily. 2.16.2 All yardage, course markers, ropes and stakes, and signage shall be straight and damage free, and repaired and replaced as needed. 2.16.3 Any item that is a safety hazard shall.be repaired or replaced immediately, 2.16.4 The Contractor shall submit annually to the GSM a written report for the preceding .12 months detailing annual fertilizer, pesticide, fungicide and 30 Rev. January 11,2010 S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\CII1366IH -Valley Crest Golf Maintenance\CII 136681 Valleycrest OC Maintenance Agreement FlNALlO.12.2010.doc other related applications for the golf course. The report will conform to the requirements of the IPM Plan. 2.16.5 The Contractor shall flush drainage inlets once a year. 2.16.6 The Contractor shall utilize wood chipping machinery to produce wood chips from tree pruning and care. Wood chips may be spread throughout golf course in preapproved areas by the GSM. No permanent dumping of course debris such as branches, wood stumps, etc. is approved on the property. The Contractor is responsible for costs associated with any removal of debris. Any other course-generated debris such as earthen spoils shall be dispersed at locations and with methods preapproved by the GSM. 2.16.7 Turf areas surrounding the clubhouse shall be mowed one (1) time per . week at a height of 1-1/4 inches .. 2.16.8 The Contractor shall provide, at its sole expense, an effective goose control program to mitigate goose activities, including, but not limited to, the use of control dogs, motorized hand controlled boats, noise makers, and other methods. 2.17 SAND BUNKERS 2.17.1 Sand bunkers shall be cleaned and raked by mechanical method or by hand a minimum of three (3) times per week with Fridays being one of the three days. No eXCeSS sand buildup on high side. 2.17.2 Sand depth shall be randomly checked monthly for depth of sand and shall be maintained no less than four inches (4") deep. Additional sand will be added at the Contractor's expense. 2.17.3 Turf shall be mechanically edged along sand bunker edges monthly, or more frequently if required, to ensure a neat appearance. Care shall be taken to maintain the design outline of the bunkers to insure the integrity of the bunker shape. Bunkers should have 1" lip on lower side. Chemical control of sand edges through use of a non-selective herbicide or growth regulator around sand bunkers shall be allowed with preapproval of GSM. 2.17.4 Excess sand in the turf surrounding the trap shall be removed on a regular basis. 2.17.5 A minimum of two (2) to five (5) rakes are to be available, depending on bunker size, at all sand bunkers at all times. Rakes properly maintained. (Color and style are subject to GSM approval.) 2.17.6 Bunker sand shall be cultivated as needed, or at a minimum of once per . month, to ensure sand is not compacted. Methods should be used to not 31 Rev. January 11,2010 S:\ASD\PURCmsOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra c!s\Cl I 136681 -Valley Crest Golf Maintenance\CII136681 Valleycrest GC Maintenance Agreement FINAL I 0.12.20 I O.doc disturb existing soil below the sand. 2.17~ 7 All debris such as pine needles and cones, branches and other debris shall be removed as needed to ensure playable conditions and redu~e sand contamination. No animal boroughs. ·2.17.8 Excessive water ponding and silt accumulated by rain falls· and irrigation applications shall be removed prior to bunker raking. 2.18 CLUBHOUSE AREAS 2.18.1 SHRUB BEDS 2.18.1.1 Clean-up shall occur on a regular basis to ensure that beds are kept· free of trash and debris such as paper, cans and bottles, fallen branches, excessive leaves and weeds. Mulch in proper areas, beds ! to be weed free, properly trimmed, and watered properly; not overly dry or wet. 2.18.1.2 A fertilizer program shaH be a minimum of three (3) applications per year or as needed for health and color. , 2.18.1.3 . Spent flowers, leaves, dead or diseased plants, and other landscape debris shall be removed from plant areas daily, or as required. Flowers changed by schedule or as needed. 2.18.2 SEASONAL COLOR BEDS 2.18.2.1 Annual flowers in place and healthy and missing plants replaced in kind and number. All color beds shall be regularly cleared of paper, bottles and cans, fallen branches, excessive leaves and weeds. 2.18.2.2 Weed control shall be accomplished by hand weeding, mulching, by the use of mechanical equipment or by the selective use of herbicides. A prescribed pest control spray program may be done as often as necessary for pest control in accordance with the IPM Plan. 2.18.2.3 Beds shall be cultivated by mechanical means on a. regular basis or as required, or as directed by the GSM. 2.18.2.4 Color plants shall be replaced a minimum of twice annually and shall be performed on a schedule submitted to and approved by the GSM. The replacement plants shall be 4-inch potted size spaced per industry standards and planted with the appropriate soil amendments. 2.18.3 PERIPHERY AREAS (Including the Planted Traffic Island on Embarcadero Way) 32 Rev. January 11,2010 S:\ASD\PURCH\SOLIClTATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\ClI136681-Valley Crest Golf Maintenance\Cl1I36681 Valleycrest GC Maintenance Agreement FINALIO.l2,2010,doc 2.18.3.1 All periphery areas shall be maintained in a manner consistent to industry standards to ensure a healthy and aesthetically pleasing appearance at all times. 2.18.3.2 Areas shall be mowed, weeded, cleared of litter and other debris on a regular basis (a minimum of once per week). Watering should occur if the area is covered by the irrigation system. 2.18.3.3 Special attention shall be given to periphery areas adjacent to public roadways since these areas are highly visible to the general public and constitute a "first impression" of the overall service level of the course: . 2.18.3.4 All areas are to be inspected for erosion problems and repaired as needed. 2.19 PARKING LOTS 2.19.1 Parking lots shall be maintained in a safe condition for use by both vehiCles and pedestrians, and Cleaned each day to ensure.a clean, crisp. appearance free from litter, debris, ano weeds including all landscaped planters on or adjacent to the lots (including the traffic island on Embarcadero Way near the primary entrance to the Golf Course) .. 2.19.2 All parking lot lighting shall be inspected daily and repaired as needed or reported to the City's PW Facilities Maintenance Division. 2.19.3 "Disabled Parking" signage and other signage shall be rllaintained in accordance with all City, County, and State regulations. 2.19.4 All parking lot signage shall remain in place, maintained and readable. 2.19.5 Parking lot asphalt shall be inspected daily by the Contractor. The City's PW Facility Maintenance Division shall be called for the performance of repairs .. The lots shall be generally ·maintained free of debris, litter, leaves, and trimmings. The Contractor shall inspect and clean the lots daily. 2.20 GRAFFITI. 2.20.1 The Golf Course shall be inspected daily for evidence of graffiti. Special attention shall be given to restrooms, signs, markers, block walls, curbing, paving, tees, utility poles/boxes and/or any other structures or fixtures. 2.20.2 All graffiti shall be removed within twenty-four (24) hours of detection. 2.20.3 Graffiti requiring paint over shall be painted over with a color consistent with ·that of the original surface. 2.20.4 Graffiti on non-painted surfaces shall be removed by sand or water blasting and area returned to the preexisting condition. 33 Rev. January 11,2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-eM FOLDERS\KATHY\Contra cts\CII136681-Valley Crest Golf Maintenance\Cl1136681 Valleycrest GC Maintenance Agreement FINALIO.12.2010.doc 2.21 CART PATH/STEPS/RAMPSIWALKWAYSI BREEZEWAY 2.21.1 Cart paths to be swept or blown clear of debris every Friday or more often as needed. No standing water. 2.21.2 Concrete paths to be edged and scraped clean a minimum of one (1) time per month or as needed. Cart paths weed. free. See IPM Plan. 2.21.3 The Contractor shall identify all potholes and/or other surface damage or defects on concrete cart paths and report to the City for repair. If damage is the fault of the Contractor the repair cost will be the responsibility of the Contractor. Base Rock utility roads on holes #9, #12, and #13 will be graded smooth weekly. Additional base rock added as needed at the expense of the Contractor. 2.22 RE'STROOMS AT HOLE #5 2.22.1 Inspected daily by the Contractor, clean and stocked daily by the City's PW Facility Maintenance Division . . 2.22.2 Inspected daily by the Contractor, sinks, toilets, walls, screens, and floors shall be sanitized daily by the City's PW Facility Maintenance Division. 2.22.3. Paper supplies shall be checked and restocked daily or as needed. 2.22.4 Inspected daily by the Contractor for odor and operation. PW will be contacted for corrections and repairs. 2.22.5 Leaking or malfunctioning fixtures shall be reported to the City's PW Facility Maintenance Division immediately upon detection. 2.22.6 Lighting fixtures are to be checked daily with repairs of faulty fixtures provided as needed at time of detection. The City's PW Facility Maintenance Division will be contacted for repairs. 2.22.7Restroom floors which are wet for any reason, including mopping, shall be so indicated with proper temporary signage. 2.22.8 No graffiti. The Contractor will inspect daily and contact the City's PW Facility Maintenance Division for graffiti removal. 2.22.9 No worn spots in concrete, wood walls, or corrugated fiberglass barriers. The City's PW Facility Maintenance Division will be contacted for repairs .. 2.23 MAINTENANCE FACILITIES 2.23.1 To the extent not otherwise addressed in Section Z of this Agreement, the 34 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\CI1136681-Valley Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINAL I 0.12.201 O.doc City shall make available for use by the Contractor, at no charge to . . the Contractor, the Site and Facilities for the storage Qf golf courseMrelated equipment, materials and/or supplies. The Facilities will be available to the Contractor on an "as is" basis. The Contractor will conform its use of the Facilities to all applicable laws, rules and regulations regarding the storage of materials on the City's premises, including, but not limited to, the .storage of hazardous, toxi·c or flammable materials. The City assumes no responsibility for any theft, . destruction or damage to the Contractor'.s personal property that is stored at the Facilities. The Contractor will return the facility to the City in its original condition as of the date of commencement of the contract between the City and the Contractor, normal wear and tear excepted. 2.23.1.1 Permitted Usage: The Contractor may use the Site and the Facilities . for the following uses: Storage, Files, Office area or other similar uses. The Facility may not be used for any other purposes without the City Manager or designee's prior written consent, which may be granted or denied at the City's sole discretion. 2.23.1.2 Prohibited Uses. The Contractor shall not use the Site and the Facilities for any purpose not expre~sly permitted hereunder. The Contractor shall not create,. cause, maintain or permit any nuisance or waste in, on, or about the Site or the Facilities, or permit or allow the Site or the Facilities to be used for any unlawful or immoral purpose. The Contractor shall not do or permit to be done anything in any manner which unreasonably disturbs the users of the City's property or the occupants of . neighboring property. Specifically, and without limiting the .. above, the Contractor shall not cause the emanation of any foul odor or excessively loud noise,·vibration, power emission, or other item to emanate from the Site or the Facilities. No materials or articles of any nature shall be stored outside of or upon any portion of the Site or the Facilities. The Contractor will riot use the Site or the Facilities in a manner that will increase the risk of fire, cost of fire insurance or improvements thereon. No unreasonable sign or placard shall be painted·, inscribed or placed in, on or about the Site or the Facilities and no tree or shrub thereon shall be destroyed or removed or qther waste committed at the Site or the Facilities. No bicycles, motorcycles, automobiles or other mechanical means of transportation shall be placed in stored facilities at the Site, except for the garage or driveway. No repair, overhaul or modification of any motor vehicle shall take place in the Facilities or the surrounding property or the street in front of Facilities. The Contractor, at its sole cost and expense, shall keep the Site and -the Facilities in as good as the condition as of the Effective Date, excepting damage resulting from ordinary 35 . Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER·CM FOLDERS\KATHy\Contra cts\CI1 136681-Val1ey Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FINALIO.l2.2010.doc wear and tear, and except damage to the roof, sidewalks and underground plumbing, which is not the fault of the Contractor. 2.23.1.3 Condition, Use of Premises. The Contractor acknowledges that it has conducted a physical inspe,ction of the Site and the Facilities prior to executing this Agreement. In that regard, the City makes no warranty or representation of any kind concerning the condition of the Site or the Facilities, or the fitness of the Facility for the use intended by the Contractor, and hereby disclaims any personal knowledge with respect thereto, itbeing expressly understood by the parties that the Contractor has personally inspected the Facility, knows its condition, finds it fit for the Contractor's intended use, accepts it as is, and has, ascertained that it can be used exclusively for the limited , purposes as have been specified in Section 2.23.1.1. 2.23.2 The Facilities shall be kept clean and neat at all times with all material inventories and supplies stored in a manner in keeping with CAL-OSHA regulations, the City's Fire Department regulations, and all City, County and State regulations. Fire extinguishers must be operational and inspected by the Fire Department. , 2.23.3 Maintenance buildings and surrounds inspected daily. Report needed repairs to GSM within 24hrs. 2.23.4 The Site shall be locked or otherwise secured when unattended to , discourage unauthorized entry. 2.23.5 Office and lunchroom floors are to be vacuumed or swept five times per week and mopped at least once a month at the Contractor's expense. 2.23.6 Rain gutters shall be kept clear of debris and cleaned a minimum of once per year prior to fall rainfall period at the Contractor's expense. 2.23.7 Any security system shall be maintained and utilized at the Contractor's expense. 2.23.8 The Facilities shall be maintained by performing required daily, monthly and annual maintenance of garage doors, inside and outside doors, inside and outside windows, air conditioning or heater unit, lighting, shelving, etc. All repairs to such facility are the responsibility of the Contractor. The City shall be responsible for roof repairs and repairs to the external surfaces of the building structures. The Contractor shall obtain and be responsible for quarterly service to airconditioner and heating unit, and any subsequent repair or service costs, and shall supply copy of written agreement to the GSM. 2.23.9 All facility and associated Golf Course maintenance utility costs are the 36 Rev. January 11,2010 S;\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\C11136681-Valley Crest Golf Maintenance\C11136681 Valleycrest GC Maintenance Agreement FINAL10.12.2010.doc responsibility of the Contractor, including telephone, gas, potable water, sewer, and trash, except as otherwise agreed to, in writing, by the City .. The City will provide electrical service to the Site and the Facilities without an additional charge to the Contractor in excess of the compensation payable under Section 5 and Exhibit "C". 2.23.10 Adherence to all City, County, and State regulations for proper storage and disposal of materials is required. 2.24 CLUBHOUSE AND FACILITY LIGHTING All lighting systems shall be inspected by the Contractor on a regular basis for faulty bulbs, fixtures or other malfunctions repaired and/or replaced as needed by the City's PW Facility Maintenance Division. 2.24.1 Walkways, breezeway, surroundings, ramps, driving range walkway and tees cleaned of litter, dirt, and landscape debris daily. All garbage containers at clubhouse and surrounding area must be emptied daily. 2.24.2 Exterior lighting working and scheduled properly. Report needed repairs to the City's PW Facility Maintenance Division. 2.24.3 All signage accurate and readable. 2.24.4 A threshold of 50% has been set for disease and weeds 60% for insects . . Spot spraying by location basis only when thresholds are exceeded. Any use of pesticides must conform to the IPM policies and procedures. 2.25 NETS/FENCES/GATES 2.25.1 The Contractor will be responsible for net repair and material costs on . holes 3,6,10, and Driving Range. 2.25.2 All fences and gates shall be inspected regularly with repairs made as needed to ensure a safe, secure and aesthetically pleasing condition at all times, no holes in fences. Repairs and materials are the responsibility of the Contractor. 2.26 POND MAINTENANCE 2.26.1 Algae and cattail control program shall be maintained as approved by the GSM. 2.26.2 Pond shall be inspected daily with all visible litter/trash removed upon detection. 2.26.3 Pond water levels shall be maintained to ensure bank stability and aesthetic. 37 Rev. January 11,2010 S:\ASD\PURCH\sOLICITATIONS\CURRENT BUYER·CM FOLDERS\KA THY\Contra cts\CII136681· Valley Crest Golf Maintenance\CI1136681 ValJeycrest GC Maintenance Agreement FINALlO.12.2010.doc 2.26.4 Properly marked as water hazard .. 2.26.5 A threshold of 25% on Aquatic weeds. 2.27 CONSTRUCTION ANDIOR REMODELING OF GOLF COURSE Any and all changes in the physical characteristics of any portion of the course or structures such as aqdition or removal of sand traps; trees, water hazards, native vegetation or other features shall require prior approval by the GSM. The Contractor will be paid for time and-materials for any golf course renovat!on or construction work not listed in this scope of work.' Quotes will be submitted to the GSM for approval with itemized list of individual job classifications, their time and hourly rate expense. (Complete Table 3,' Attachment C-1). Material will also be added along with any. other expenses to complete the Project. Time and Material rates to be included within bid proposal. (Include on Attachment C-1; Table 3, Schedule of Rates) . 2.28 PRACTICE AREA I DRIVING RANGE MAINTENANCE 2.28.1 Turf shall be mowed weekly or as required at agreed-upon height by the .' GSM. . 2 •. 28.2 General turf maintenance shall conform to procedures outlined in Sections 2.11/Greens, 2. 13/Tee Maintenance, and 2.15/Roughs Maintenance. 2.28.3 All Artificial Turf will be inspected weekly and repaired at the designated Range closure time which is 5:00am -8:30 am every Thursday or at a time which is approved by the Pro Shop Manager. 2.28.4 Light topdressing will be done once annually followed by brushing to maintain integrity of Artificial' Turf. Supplemental brushing required every 6 months. 2.28.5 Practice Bunker will have at least 4 inches of sand and kept trimmed and edged. Bunker edges that are raised due to excessive sand build up will be lowered by the Contractor when they reach one and a half feet over original grade. Practice Bunker will be raked daily. 2.29 EXTERIOR OF THE CLUBHOUSE, RESTROOM BUILDINGS, and STORAGE FACILITY 38 Rev. January 11,2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cll136681-Valley Crest Golf Maintenance\CII136681 VaIleycrest GC Maintenance Agreement FINALIO.l22010.doc The City will be responsible for the repairs and maintenance of the building . exteriors and interiors of the Clubhouse, Restrooms and Storage Facility . . 2.30 GOLF COURSE WETLAND AREAS Wetland areas shall not be disturbed by vehicular traffic, fertilizers, pesticides and equipment. Litter and debris must be removed daily. Wetland signage must be clean, readable and placed along both sides of Wetlands. Replacements 9f all signage will the responsibility of the Contractor. V. GENERAL CONDITIONS A. Permits/Parking The Contractor shall be issued a free maintenance permit from the City's Department of Transportation. This will allow the Contractor's crews to use City parking facilities at no charge during the term of this contract and only while dOing landscape maintenance work for the City's Open Space and Parks Division. B. Payments and Inspection Payment will be made for work satisfactorily completed as called for in this contract. The City's Representative shall inspect and notify the Contractor· of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. The Contractor or the Contractor's representative shall. meet with a representative from the City at least once a month during the life of this contract to inspect Work performed .. The Contractor will bill the City by the 5th of the month following service. The City will pay the Contractor on a monthly basis for labor, eqUipment and materials provided during the monthly billing period. C. Use of Sanitary Landfill The refuse disposal facilities of the city of Palo Alto Sanitary Landfill located adjacent to East Embarcadero Road in said City will be made available to the Contractor through the 2011 calendar year for the disposal of all trees, rubbish and construction debris generated on work site. The Contractor shall pay all dump fees. The Contractor shall at its sale expense load, haul and deposit said rubbish and debris during normal landfill operating hours. All landfill regulations will apply to all debris deposited by the Contractor. Any questions regarding landfill rules and regulations shall be directed. to the Landfill Supervisor. A digest of the refuse disposed area rules and regulations have been appended to this contract. At the end of the 2011 calendar year, the Contractor shall at is 39 Rev. January 11,2010 S:\ASD\PURCIDSOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\CII136681-Valley Crest Golf Maintenance\CI1136681 VlIlleycrest GC Maintenance Agreement FINALl 0.12.201 O.doc sole expense load, haul and deposit all rubbish, debris and green waste to a transfer station located at the City of Sunnyvale. D. Spare the Air Days The Contractor must comply with regional "Spare the Air" recommendations on designated "Spare the Air Days" that occur throughout the year. At aminimum, no gasoljne :j:>owered equipmentshall be used after 10 a.m. on "Spare the Air Days". The Project Manager Will notify the Contractor when a "Spare the Air" alert has been designated. The Contractor must coordinate work schedules to accommodate "Spare . the Air" recommendations. 40 Rev. January 11,2010 S:\ASD\PURCH\SOLICITATIONs\CURRENT BUYER-CM FOLDERS\KA THY\Conlra cts\Cl 1 136681-VaHey Crest Golf Maintenance\Cl 1 136681 Valleycrest GC Maintenance Agreement FlNALI 0.12.201 O.doc . EXIllBITB SCHEDULE OF PERFORMANCE The Contractor Shall perfonn the Services so as to. complete each task within the time period sp·ecified in the Scope of Services, attached to this Agreement as Exhibit "A". The Contractor shall provide the specified services according to the frequency and schedule specified in Exhibit "A". . . the Contractor shall execute the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean; safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action,. Action times will be prioritized, and low priority items will be given a time line for corrections. . Upon request, the Contractor shall provide a detailed schedule of work consistent with completing the required Services as needed. 5 Rev. January 11,201.0 . . S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\CII136681-Valley Crest Golf Maintenance\CI1136681 Valleycrest GC Maintenance Agreement FINALIO.l2.2010.doc EXHmITC SCHEDULE OF FEES The City shall pay the Contractor for the completion of Services performed to the reasonable satisfaction of the City, a not-to-exceed sum in accordance with the schedule below. Any Services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein, without the prior authorization of the City, shall be provided at no cost to the City: A. Schedule of Payment: The City shall pay the ·Contractor a maximum compensation amount of One Million Eight Hundred and Fifty Thousand Dollars ($1,850,000.00), payable over the Term, for the Services performed, based on the current Golf Course configuration as of the Effective Date, as follows: Year One, November I, 2010 through April 30, 2011: $350,000.00, in monthly increments of $58,333.33. ' . Year Two, May 1,2011 through April 30, 2012: $750,000.00 in monthly increments of $62,500.00. ' Year Three, May 1,2012 through April 30, 2013: $750,000.00 in monthly increments of $62,500.00 .. If the City fails to make any monthly payment within thirty (30) days of the receipt of the same, then the Contractor may give the City thirty (30) days' pdor notice of termination, in writing; provided, however, if the City makes payment to the Contractor before the ,effective date of the notice of termination, then the notice of termination shall be deemed cancelled, the Contractor shall continue thereafter to perform the Services, and the notice of termination shall be deemed rescinded. B. Equipment Purchase Compensation for equipment purchased by the Contractor shall be based on the Contractor's purchase of the City's existing Equipment as listed on Attachment 5 ofRFP 136681and attached herein as Attachment 1, for a Lump Sum Total Payment of$125,000.OO, to be paid November 1'~ 2010. Contractor will be solely responsible for the equipment as of~ovember 1St, 2010. CONTRACTOR shall purchase from CITY, all other usable equipment, materials, tools and supplies at the City's Cost, based on inventory taken at transition. A third party Furniture, Fixtures and Equipment consultant will value the remaining supplies, materials and minor tools and equipment at the Golf Course that are related to Golf Course maintenance. ValleyCrest agrees to pay the City for the usable equipment, materials, tools and supplies, in the amount of the independent Furniture, Fixtures and Equipment Consultant valuation by November 1 't, 2010. ' C. Additional Services Additional work not defined in the Scope of Services, on a Time and Materials basis, will be agreed upon by the Contrac~or and the City at the following hourly rates: • Project Manager $60 • Foreman $40 • Irrigation Technician $30 • Equipment operator $25 • Truck Driver $25 • Laborer $20 8 Rev. January 11,2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THy\Contra cts\Cll136681-Valley Crest Golf Maintenance\CI1136681 Valleycrest GC Maintenance Agreement FINALI 0.12.201 O.doc EXHIBITD INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WIlli CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW' MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL B9DIL Y INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, -EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON-OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY· ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNiFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" 10 Rev. January 1 I, 2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl 1136681-Valley Crest Golf Maintenance\Cll 13668 1 Valleycrest GC Maintenance Agreement FINALIO.I2.2010.doc A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRlMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RlGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON·PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.. . 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON· PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRIITEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 11 Rev. January 11.2010 S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER-CM FOLDERSI.KATHy\Contra cts\ClI136681·Valley Crest Golf Maintenance\ClI136681 Valleycrest GC MaiiJtenance Agreement FINALI 0.12.201 O.doc EXHIBITE BONDS [ATTACH BOND FORMS IF BONDS ARE REQUIRED] 12 Rev. January 11,2010 S:\ASD\PURCIDSOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATIIY\Cpntra cls\Cll136681-Valley Crest Golf Maintenance\C11136681 Valleycrest OC Maintenance Agreement FINAL 1 O.l2.20t O.doc EXHIBIT:F LIQUIDATED DAMAGES' It is mutually agreed by the Contractor and the City that if completion of the Services by the Contractor under this Agreement is delayed beyond the date and time specified in the Schedule of Perfonnance, plus any authorized extensions of time, the City will suffer damages and will incur other costs and expenses of a nature and amount, which the Parties agree will be difficult or impractical to detennine. Accordingly, the Parties agree, as.a method to fix the damages and not as a penalty, that in the' event of any such failure to perf orin, the amount of damage which shall be sustained by the City will be the sum of $250.00 for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. If the Contractor fails to pay the liquidated damages to the City, the Contractor agrees that the. City may deduct and withhold the amoUnt of the . unpaid liquidated damages from any amounts th~n due or that may become due and payable to the Contractor under this Agreement. . BY PLACING THEIR INITIALS BELOW, THE CITY AND THE CONTRACTOR ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES' REASONABLE ESTIMATE OF THE CITY'S DAMAGES. CITY CONTRACTOR 13 Rev. January 11,2010 S:\ASD\PURCIDSOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\Cll136681-Valley Crest Golf Maintenance\Cll136681 Valleycrest GC Maintenance Agreement FlNALI0.12.20 1 Moe .. :. Co ••••• .. ~ .: '~ '~ ~ 6 ~ , !Il ~t ' c:. ·r :>: ~ ~ g i> r- 22 z (J) , . 12 o " , ," ., ;' : d.. . ' - ·.\~f-.s-,·" . .'-":).n~ '~4-~~ , ?~~. -;1 . m >< :c OJ --I G) •. , Rev, January 11,2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER,CM FOLDERSIKATHy\Contra cts\C11136681-VaUey Crest Golf Maintenance\Cl I 136681 Valleycrest GC Maintenance Agreement FINALl 0.12.20 10.doc Unit Year Manufacturer Model 2203 1997 JOHN DEERE 5200 2206 2000 FORD RANGER 2209 1997 JOHN DEERE 5310 2210 1986 CASE 480LL 2213 1997 TY-CROP TD460 TOP DRESS 2215 1997 JOHN DEERE 5300 2216 2008 TORO GREENSMASTER 2217 2008 TORO GREENSMASTER 2221 1992 TORO HYDROJECT 3000 2241 2005 TORO WORKMAN 2110 2242 2005 TORO WORKMAN 2110 2243 2005 TORO 3280-0 2248 2006 TORO PROCORE648 2250 1996 CHEVROLET C3500 2252 2001 JOHN DEERE TURF GATOR .2253 2001 .JOHN DEERE TURF GATOR 2254 2001 JOHN DEERE PROGATOR 2020 2255 2000 JOHN DEERE PROGATOR 2020 2256 2000 JOHN DEERE PRO GATOR 2020 2257 2001 JOHN DEERE 1200A 2258 2003 TORO GREENSMASTER 2259 2000 TORO GREENSMASTER 2262 2000 TORO GREENSMASTER 2263 2003 LASTEC 721XR 2264 2003 JOHN DEERE 3235 2265 2002 JOHN DEERE 3235 2266 2007 TORO REELMASTER 2267 2008 LASTEC 721XR 2275 1965 FMC (BEAN) FG1010 2276 1980 GANDY N/A 2280 1999 TURFCO SP-1530 2281 1988 TORO GROUNDMASTER 62 2282 1990 TURFCO METERMATIC II 2283 1987 FORD 786A 2295 2001 JOHN DEERE AERCORE 2000 Attachment 1 City Equipment List Description UTILITY TRACTOR -FOUR WHEEL DRIVE XCAB TURF TRACTOR TRACTOR LOADER TD-460 TOP DRESSER UTILITY TRACTOR -lWO WHEEL DRIVE . 3100 GREENS MOWER W/8 BLADE CUTTING 3100 GREENS MOWER W/8'BLADE CUTIING WALK-BEHIND TURF AERIFIER UTILITY VEHICLE (TURF) UTILITY VEHICLE (TURF) ROTARY TURF MOWER WALKING GREENS AERATOR lWO YARD DUMP TRUCK UTILITY VEHICLE UTILITY VEHICLE UTILITY VEHICLE WI2WD CARGO BOX UTILITY TRUCK WIHD200 SPRAYER BUNKER RAKE 3100 GREENS MOWER W/11 BLADE CUTIING· 3100 GREENS MOWER W/8 BLADE CUTTING 3100 GREENS MOWER WI11 BLADE CUlTlNG TRACTOR-MOUNTED ROUGH MOWER FAIRWAY MOWER FAIRWAY MOWER TRIPLEX TRIM MOWER (3100-Dt TRACTOR-MOUNTED ROUGH MOWER SPRAY RIGy TRAILER MOUNTED (200 GALLON) SPREADER BOX TOWABLE TOP DRESSER TURF MOWER TOWABLE Top DRESSER THREE-POINT FLAIL MOWER ATTACHMENT FAIRWAY AERIFIER Current Mtr ·OrlgCost 5,456 18,935 32,597 17,717 5595 23748 2993 52317 0 18,048 5796 ·24,520 852 0 637 0 590 25,000 1747 8725 1,558 8,725 523 18654 58 18426 15220 32391 24,560 6,917 20602 6917 3927 23196 3435 17,215 446 20,582 4577 11,929 3,141 18895 3911 20,297 3,433 20297 0 17861 2,685 39,817 3,992 40,602 1134 26659 0 0 out of service 0 out of service 5,000 0 0 0 0 out of service 5,500 out of service 0 0 27014 Division contact/ext: Date: October 1,2010 2010 ATTACHMENT 2 Annual Division IPM Summary and Prohibited Pesticide Inventory Report Please complete the/ollowing information and submit to Julie Weiss by December 31,2010 .1) Please list and describe the pest problem trends your division dealt with this year, including peak season problems and non-chemical/structural/landscape solutions that were used .. 2) Which IPM pesticide alternatives were considered and tested? What was their effectiveness? 3) Were any new rPM plans created or revisions made to existing plans? (IPM plans that were submitted last year will be annexed in this year's Amiual Report unless divisions submit.revised versions). 4) What training programs are you interested in receiving for your staff or program this year? 5) Per new 2009 Stormwater Permit requirements, please answer the following: a. How many of your employees apply pesticides? b. Please confirm that these employees will have been informed of and read the City's rPM Policy by December 31, 2009 (see policy statement below). D Yes DNa Per CMR 343-01: The City of Palo Alto will carry out its pest management operations using reduced-risk [PM techniques to reduce or eliminate chemicals to the maximum extent. Chemicals will be used only as a last resort/or pest management problems. Each division that applies pesticides will maintain an active IPM plan to ensure the long-term prevention or suppression of pest problems with minimum negative impact on human health, non~target organisms, and the environment. The City will actively pilot non-toxic alternatives for structural and landscape pest control, seeking to use tile most recent technology, best management practices and lea$ttoxic methods for all pest control measures. The City will use appropriate venues to educate staff and the public about its [PM commitment in an effort to role model less toxic approaches to structural and landscaping pest controL c. Please confirm that these employees have been trained in some form of IPM practices in the last three years (please submit training agendas or training description). DYes DNo (See attached) 6) Annual storage locker cleanout: Please inventory and remove any restricted pesticides (signal word Danger), unwanted or expired pesticides from your division's storage lockers." List below only those products that were removed, if any, and then bring products to the Household Hazardous Waste Program staff (x6980). None Amount. (gallons, Division Storage. Location Product Formulation pounds, ounces) EPA ID# Active ingredient: 0/0 Active Ingredient: Formulation (e.g.,granules, liquid): r-'-- Attachment 3 Monthly Report L ............. ____ , ____ .. _____ . __ ._._1 --.i-._.c.-...• _ .. , ........... _ ..... __ L ...L_. _____ . __ .--L---._. __ l TO: CITY COUNCIL FROM: CITY MANAGER ATTACHMENT C CITY OF PALO ALTO Memorandum DEPARTMENT: CITY MANAGER DATE: OCTOBER 18, 2010 SUBJECT: Item 16 -Approval of a General Services Agreement with ValleyCrest Golf Course Maintenance, Inc. in the Amount of $1,850,000 for Maintenance Services and Sale of Used City Golf Course Maintenance Equipment for $125,000; and Referral of Golf Course Financial Planning Issues to the Finance Committee Recommendation Staff recommends that the Council only discuss item 16 at its regular meeting on October 18, 2010, and that it defer approval of the proposed contract with ValleyCrest until its regular meeting on October 25, 2010. The form of contract recommended for approval is at variance with the form of contract that was submitted to the Cou,ncil on October 13, 2010; staff recommends that the Council considers the most current terms and conditions before it will take action on staff s recommendation to award a contract to ValleyCrest. BackgroundfDiscussion The contract included III the packet has had several updates; the substantive changes are referenced below: 1. CMR 382:10 title has the incorrect dollar amount negotiated with ValleyCrest for the General Services Agreement, the amount is $1,850,000. 2. Additional language was added to item 5 "Compensation for Original Term" page 2 to further define expectations should San Francisquito Creek Flood Control work begin during the term of this agreement. 3. An additional Exhibit (Exhibit G) has been added and new language -item Z "Storage and Maintenance Facilities" (page 6) was added to better define the terms and conditions related to storage and facilities to be accessed and used by the Contractor. 4. Item "AA Fuel Facilities" is new, City staff and ValleyCrest have agreed that the City retain more oversight over the fueling station than originally envisioned, language to that affect can be seen on page 6 "AA Fuel Facilities" and 2.0 "Specific Maintenance Requirements" page 16. 5. Additional language has been added to Exhibit C "Schedule of Fees" allowing ValleyCrest to terminate the contract if the City does not pay for services provided after 60 days. Page 1 of2 6. Additional language related to "Efficient use of Water 2.6.1.8" has been added to acknowledge the city's obligation to ·supply sufficient water to :the Golf Course and that in the event water restrictions do occur, the City and Va1leyCrest will work together to mintage impacts. ATTACHEMENTS: cR~~fuvrul~m ROBDEGEUS· '. Recreation Manager ) City Manger \l Attachment 8 Page20f2 ATTACHMENT D City Equipment List Unit Year Manufacturer Model Description Current Mtr Orig Cost 2203 1997 JOHN DEERE 5200 UTILITY TRACTOR -FOUR WHEEL DRIVE 5,456 18,935 2206 2000 FORD RANGER XCAB 32,597 17,717 2209 1997 JOHN DEERE 5310 TURF TRACTOR 5,595 23,748 2210 1986 CASE 480LL TRACTOR LOADER 2,993 52,317 2213 1997 TY-CROP TD460 TOP DRESS TD-460 TOP DRESSER 0 18,048 2215 1997 JOHN DEERE 5300 UTILITY TRACTOR -TWO WHEEL DRIVE 5,796 24,520 2216 2008 TORO GREENSMASTER 3100 GREENS MOWER W/8 BLADE CUTTING 852 0 2217 2008 TORO GREENSMASTER 3100 GREENS MOWER W/8 BLADE CUTTING 637 0 2221 1992 TORO HYDROJECT 3000 WALK-BEHIND TURF AERIFIER 590 25,000 2241 2005 TORO WORKMAN 2110 UTILITY VEHICLE (TURF) 1,747 8,725 2242 2005 TORO WORKMAN 2110 UTILITY VEHICLE (TURF) 1,558 8,725 2243 2005 TORO 3280-0 ROTARY TURF MOWER 523 18,654 2248 2006 TORO PROCORE 648 WALKING GREENS AERATOR 58 18,426 2250 1996 CHEVROLET C3500 TWO YARD DUMP TRUCK 15,220 32,391 2252 2001 JOHN DEERE TURF GATOR UTILITY VEHICLE 24,560 6,917 2253 2001 JOHN DEERE TURF GATOR UTILITY VEHICLE 20,602 6,917 2254 2001 JOHN DEERE PROGA TOR 2020 UTILITY VEHICLE 3,927 23,196 2255 2000 JOHN DEERE PROGATOR 2020 W/2WD CARGO BOX 3,435 17,215 2256 2000 JOHN DEERE PROGATOR 2020 UTILITY TRUCK W/HD200 SPRAYER 446 20,582 2257 2001 JOHN DEERE 1200A BUNKER RAKE 4,577 11,929 2258 2003 TORO GREENSMASTER 3100 GREENS MOWER W/11 BLADE CUTTING 3,141 18,895 2259 2000 TORO GREENSMASTER 3100 GREENS MOWER W/8 BLADE CUTTING 3,911 20,297 2262 2000 TORO GREENSMASTER 3100 GREENS MOWER W/11 BLADE CUTTING 3,433 20,297 2263 2003 LASTEC 721XR TRACTOR-MOUNTED ROUGH MOWER 0 17,861 2264 2003 JOHN DEERE 3235 FAIRWAY MOWER '2,685 39,817 2265 2002 JOHN DEERE 3235 FAIRWAY MOWER -3,992 40,602 2266 2007 TORO REELMASTER TRIPLEX TRIM MOWER (3100-0) 1,134 26,659 2267 2008 LASTEC 721XR TRACTOR-MOUNTED ROUGH MOWER 0 0 2275 1965 FMC (BEAN) FG1010 SPRAY RIGy TRAILER MOUNTED (200 GALLON) out of service 0 2276 1980 GANDY N/A SPREADER BOX out of service 5,000 2280 1999 TURFCO SP-1530 TOWABLE TOP DRESSER 0 0 2281 1988 TORO GROUNDMASTER 62 TURF MOWER 0 0 2282 1990 TURFCO METERMATIC II TOWABLE TOP DRESSER out of service 5,500 2283 1987 FORD 786A THREE-POINT FLAIL MOWER ATTACHMENT out of service 0 2295 2001 JOHN DEERE AERCORE 2000 FAIRWAYAERIFIER 0 27,014