PR 8-10 APPENDIX B Request for Proposal #RFP-10-02 Title ... · PR – 8-10 APPENDIX B Request for Proposal #RFP-10-02 Title: Lease of the Entire Tyandaga 18-hole golf course, which

PR – 8-10 APPENDIX B

Request for Proposal #RFP-10-02

Title: Lease of the Entire Tyandaga 18-hole golf course, which

includes the Play, Operation of the Food & Beverage Concessions

and Maintenance of the Tyandaga Golf Course

Date Issued: February 12, 2010

Deadline for Submission: April 30, 2010 at 2:00 p.m.

Deliver* to:

The Corporation of the City of Burlington

390 Brant Street, 3rd Floor

Sims Square

Finance Department-

Purchasing Reception Counter

Burlington, ON

L7R 4J4

Not intended as a mailing address.

Canada Post does not deliver to the Purchasing Reception Counter.

Located one block south of City Hall on the S.W. corner of Brant and Elgin

Street.

UPPER MIDDLE ROAD

L

IN

Lease of the Entire Tyandaga 18 hole golf course, which includes the Play, Operation of the Food & Beverage Concessions

and Maintenance of the Tyandaga Golf Course # RFP-10-02 Page 2 of 61

Table of Contents

NOTICE OF NO BID ................................................................................................................................................. 4

PROPOSAL AUTHORIZATION FORM (MANDATORY TO COMPLETE) ....................................................................... 5

PROPOSAL AUTHORIZATION FORM (MANDATORY TO COMPLETE) ....................................................................... 6

PRICING SCHEDULE (MANDATORY TO COMPLETE) .............................................................................................. 10

1.0 BACKGROUND ............................................................................................................................................ 11

2.0 CURRENT TYANDAGA OPERATION .............................................................................................................. 12

2.1 SITE LOCATION AND PHYSICAL CHARACTERISTICS: ..................................................................................................... 12 2.2 OFFICIAL PLAN DESIGNATION AND ZONING: ............................................................................................................ 12 2.3 FINANCIAL HISTORICAL PERFORMANCE AND CONTEXT: .............................................................................................. 13 2.4 STAFFING STRUCTURE: ........................................................................................................................................ 13 2.5 ADDITIONAL INFORMATION: ................................................................................................................................. 14

3.0 LEASE ARRANGEMENT ................................................................................................................................ 15

3.1 PREFACE: .......................................................................................................................................................... 15 3.2 IN-SEASON OPERATING SCHEDULE: ....................................................................................................................... 15 3.3 OFF-SEASON USAGE: .......................................................................................................................................... 15 3.4 DAY-TO-DAY OPERATIONS: .................................................................................................................................. 15 3.5 BUSINESS SERVICES:............................................................................................................................................ 16 3.6 RATES AND FEES: ............................................................................................................................................... 17 3.7 ONGOING REPAIRS AND MAINTENANCE: ................................................................................................................ 18 3.8 NEIGHBOUR RELATIONSHIPS: ................................................................................................................................ 19 3.9 PORTABLE EQUIPMENT: ....................................................................................................................................... 20 3.10 NON-CAPITAL IMPROVEMENT: ............................................................................................................................. 21 3.11 CURRENT LEASE CONTRACTS (TBC) ....................................................................................................................... 21 3.12 FIXED COSTS: .................................................................................................................................................... 21 3.13 CAPITAL MAINTENANCE: ..................................................................................................................................... 21 3.14 CAPITAL IMPROVEMENT: ..................................................................................................................................... 22 3.15 ON-GOING COMMUNICATIONS WITH THE CITY: ....................................................................................................... 22 3.16 RESPONSIBILITIES OF THE CITY: .............................................................................................................................. 22

4.0 LEASE TERMS AND CONDITIONS ................................................................................................................. 23

4.1 GOVERNMENT LAWS, BY-LAWS, LEGISLATION & REGULATIONS: ................................................................................. 23 4.2 PROPERTY TAXES: ............................................................................................................................................... 23 4.3 COLLECTION OF TAXES: ........................................................................................................................................ 23 4.4 INSURANCE: ...................................................................................................................................................... 24 4.5 INSURANCE TERMS AND CONDITIONS: .................................................................................................................... 25 4.6 WARRANTIES AND COVENANTS: ............................................................................................................................ 26 4.7 FINANCIAL MATTERS: .......................................................................................................................................... 26 4.8 CONTRACT SECURITY: .......................................................................................................................................... 26 4.10 LEASE PAYMENT:................................................................................................................................................ 27 4.11 FINANCIAL REPORTING: ....................................................................................................................................... 27 4.12 INDEMNITIES: .................................................................................................................................................... 27 4.13 SUB-CONTRACTORS: ........................................................................................................................................... 28 4.14 ASSIGNMENT: .................................................................................................................................................... 28 4.15 PERSONNEL AND PERFORMANCE: .......................................................................................................................... 28 4.16 HUMAN RESOURCES: .......................................................................................................................................... 28



4.17 INDEPENDENT CONTRACTOR: ................................................................................................................................ 29 4.18 TERMINATION PROVISIONS: ................................................................................................................................. 29 4.19 RIGHT TO AUDIT: ............................................................................................................................................... 30 4.20 WORKPLACE SAFETY AND INSURANCE ACT: ............................................................................................................. 30

5.0 PROPOSAL DOCUMENTATION AND DELIVERY ............................................................................................ 31

5.1 THE DOCUMENTATION FOR EACH PROPOSAL: ........................................................................................................... 31 5.2 PROPOSAL CONTENT: .......................................................................................................................................... 31

Section 1— Executive Summary: ........................................................................................................................ 31 Section 2 — Proponent Profile: .......................................................................................................................... 32 Section 3 — Experience and Qualifications of the Proponent: ........................................................................... 33 Section 4 — Staff Team and Resources: ............................................................................................................. 33 Section 5 — Operating Model: ........................................................................................................................... 34 Section 6 — Workplan and Deliverables: ........................................................................................................... 35 Section 7 — Financial Aspects: ........................................................................................................................... 35

6.0 EVALUATION CRITERIA ................................................................................................................................... 39

6.1 THE RFP EVALUATION COMMITTEE ........................................................................................................................... 39

7.0 MANDATORY REQUIREMENTS ....................................................................................................................... 39

APPENDIX A ......................................................................................................................................................... 41

APPENDIX B ......................................................................................................................................................... 52

Table 1 - Number of Rounds Played (exclusive of volunteer rounds) ................................................................. 52 Table 2 - Number of Tournaments and Tournament Rounds ............................................................................. 52 Table 3 - Tyandaga Membership Profile (Season Ticket Holders)* .................................................................... 53 Table 4 -Tyandaga Green Fee History – Posted Green Fee Rates ....................................................................... 53 Table 5 -Green Fee Analysis – Net Rate per Round* (18-holes) ......................................................................... 54 Table 6 - Food and Beverage Operations - Revenues from Concession and Liquor Sales .................................. 54 Table 7 - Junior Golf Program ............................................................................................................................. 55 Table 8 - Tyandaga Financial Performance (000’s) – 2001 to 2009 ................................................................... 55

APPENDIX C ......................................................................................................................................................... 56

APPENDIX D ......................................................................................................................................................... 57

APPENDIX E ......................................................................................................................................................... 58

APPENDIX F – PORTABLE EQUIPMENT - LIST 1 ..................................................................................................... 59

APPENDIX G - PORTABLE EQUIPMENT - LIST 2 (KITCHEN EQUIPMENT INVENTORY)............................................. 61



If unable to submit a bid, this No Bid Form can be signed and returned with an explanation. FAX 905-335-7663

NOTICE OF NO BID

City of Burlington, Purchasing Section requests a response from Proponents not submitting a

bid.

Check the appropriate statement(s) indicating the reason for not bidding, or explain briefly in the

space provided.

We do not offer this product/service

We do not manufacture/supply to this specification

We are a subcontractor to the general Bidder/Proponent

Insufficient time to respond

Unable to bid competitively

Our schedule would not allow us to perform

We are unable to meet bonding requirements

We are unable to meet insurance requirements

Quantity/work too large

Quantity/work too small

Cannot meet delivery/completion requirements

Other reasons/additional comments

Company Name Print Name

Date Authorized Signature

Email address Phone/Fax



PROPOSAL AUTHORIZATION FORM (Mandatory to Complete)

THE CORPORATION OF THE CITY OF BURLINGTON

PURCHASING SERVICES

REQUEST FOR PROPOSAL #RFP-10-02

Managing the Play, Pro Shop, Golf Carts along with the operation of Food &

Beverage Concessions and Maintenance of Tyandaga Golf Course

DATE ISSUED

February 12,

2010

REQUEST FOR

PROPOSAL

THIS IS NOT AN ORDER

RESPONSES MUST BE DELIVERED

BY:

Closing Date: April 30, 2010 at 2:00 P.M. Deliver via courier or in person to the

following address:

The Corporation of the City of Burlington

* 390 Brant Street, 3rd Floor – Sims

Square

Finance Department – Purchasing

Reception Counter

Burlington, ON L7R 4J4

* Not intended as a mailing address.

It is the sole responsibility of each Bidder to ensure that its Bid is delivered to the correct

address no later than the closing date and time.

Canada Post does not deliver to the Purchasing Reception Counter.

Purchasing Services Contact Person:

Jazz Thandi, B.A.S., C.P.P., C.P.M.

Manager of Purchasing

Telephone: 905-335-7600

Ext.: 7660



PROPOSAL AUTHORIZATION FORM (Mandatory to Complete)

PRICES & SOURCES WILL BE TREATED AS CONFIDENTIAL INFORMATION.

PRICES AND SOURCES WILL NOT BE SHARED WITH COMPETITORS. AT THE CONCLUSION OF

THE AWARD PROCESS ONLY THE NAME OF THE SUCCESSFUL RESPONDENT WILL BE

DISCLOSED.

VENDOR MUST COMPLETE THE FOLLOWING INFORMATION AND INCLUDE

WITH BID SUBMISSION

Date:

Corporate Name:

Contact Person:

Signature Of Authorized

Officer: X

Print Authorized Officer’s

Name:

(if submitted by or on behalf of a corporation it must be signed by the duly authorized officers.)

Address:

City/Town, Province,

Postal Code:

Telephone No.:

Fax No.:

E-Mail Address:

Best Delivery (If Applicable)

Terms (E.G. 2%-10 Days-Net 30)

Warranty (If Applicable)

Your completion of this form conveys acceptance of the City of Burlington’s

Standard Terms and Conditions.

(If applicable)

Receipt of Addendum Number(s)________________is hereby acknowledged.



PROPOSAL SUBMISSION

Sealed Proposals, in a clearly marked envelope and/or outer packaging, which includes

the prescribed form(s) as instructed are to be delivered to 390 Brant Street, 3rd Floor,

Sims Square, Purchasing Services Reception Counter, Finance Department, Burlington,

Ontario, by the latest, April 30, 2010.

The Proposal, must be submitted by the Proponent and time stamped by the

Purchasing Services Division at the Designated Location no later than 2:00 p.m. local

time, on the specified closing date (the Closing Time). Late Proposals will not be

accepted; however they will be time and date stamped and returned to the Proponent

unopened.

Proposals received after the deadline, whether delivered personally, or if mailed, or

courier service will be time stamped by Purchasing Services Division and shall result in

the Proposal being rejected, regardless of postal markings. The Proposal will not be

opened and returned to the Proponent. Fax or electronic (email) submissions will not

be accepted.

Proposals will be evaluated and a recommendation will be made to Council, seeking

authorization to award to the preferred Proponent to lease the Tyandaga Municipal Golf

Course. This process may be terminated if the City concludes that a lease option is not

the option best able to meet the City’s expectations.

Delays caused by any delivery service (including Canada Post and courier) shall not be grounds for any extension of the Deadline, and Proposals that arrive after the Deadline will not be considered.

DECLARATION OF CONFLICT OF INTEREST

All Vendors retained by the City of Burlington shall disclose to the City prior to

submitting a bid and/or accepting an assignment any actual or potential conflict of

interest. If Purchasing Services staff determine such a conflict of interest does exist, the

City may, at its discretion, withhold the assignment from the Vendor until the matter is

resolved. If a significant conflict of interest is deemed to exist, then the Vendor shall be

ineligible for the contract or shall take such steps that are deemed necessary to remove

the conflict of interest without penalty to the City.

LITIGATION CLAUSE

Active or pending litigation against the City by a Vendor will prevent consideration of

any bid submitted by that Vendor.



ELIGIBILITY

Respondents must have previously purchased the respective bid request document,

when a fee is applicable, and be on the corresponding City list of document purchasers.

SUBMISSION COPIES

Unless otherwise noted in the following instructions, please supply eight (8)

copies of your submission, i.e. at least one unbound copy with original signature, plus

seven additional copies.

ELECTRONIC DOCUMENTS SUPPLIED BY THE CITY OF BURLINGTON

N.B. - All of, or a part of, this bid request document may be available in an electronic

format. In these cases, please note very carefully that no alteration to the document's

supplied text should be made. Amendments to our supplied information, i.e. the pre-

printed text, that alter the scope of work or terms of reference will result in your bid

submission being non-compliant and disqualified.

Your quotation/submission must be open to acceptance for 90 days from the due

date of our request.

The attached Standard Terms and Conditions will form a part of any subsequent

contract or purchase order.

Any party who submits a proposal is advised that further negotiations may take

place with one or more of the parties.

Any party recommended for the project may be required to enter into a written

contract with the City prepared by the City Solicitor.

Can you provide detailed computer generated USAGE reports (broken down by

contract item) upon Request? YES __ NO __

If unable to submit a bid this form must be signed and returned with an

explanation.

The City reserves the right to:

a) Terminate the process described in this Request for Proposal at any time,

including before the closing date, for any reason whatsoever and will not be

responsible for any costs incurred by Vendors in the preparation and

submission of their responses to this Request for Proposal.

b) Not to accept any proposal and is expressly permitted to reject any or all

proposals.

c) To terminate negotiations with an RFP Proponent at any time. N.B. The RFP

process is designed to allow the City the option to select one or more

Proponents with whom it may attempt to negotiate an arrangement



responsive to the City’s needs. Selection as a Proponent with whom the city

may negotiate does not guarantee that the City will conclude an arrangement

with the Proponent. The City expressly reserves the right to terminate the

RFP process before a Proponent is selected, to terminate negotiations with

the selected Proponent(s) or to determine that the City’s needs can be met, or

have been met, in a different manner.

HARMONIZED SALES TAX (HST)

Changes in taxes, due to the introduction of the new Harmonized Sales Tax (HST), are

set to take effect starting July 1, 2010. Effective July 1, 2010, the quoted unit prices will

be adjusted to account for new HST tax change. The adjusted unit prices will reflect

your lower costs as you can claim full HST on your purchases. Currently, you cannot

claim the Ontario retail sales tax recovery on your purchases. After July 1, 2010, you

can claim full HST recovery on your purchases. Accordingly, contract payments for

work performed after HST takes effect, will be based on the adjusted unit prices.

Provide necessary detailed documentation as requested by the City, to support changes

to the unit prices due to the implementation of the new HST in advance of requesting

payment. Contract payments after July 1, 2010 will not be made without the necessary

HST support documentation.

Accessibility for Ontarians with Disabilities Act (ADOA) Requirements: "Pursuant to Section 6 of Ontario Regulation 429/07 (―Regulation‖), Accessibility Standards for Customer Service made under the Accessibility for Ontarians with Disabilities Act, 2005, the contractor, i.e. successful bidder/proponent, shall ensure that all of its employees, agents, volunteers, or others for whom it is at law responsible, receive training about the provision of the goods and services contemplated herein to persons with disabilities. Such training shall be provided in accordance with Section 6 of the Regulation and shall include, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. This training will take approximately twenty minutes and is available on-line at http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html. The contractor, i.e. successful bidder/ proponent where requested by the City shall

provide written proof that all employees, agents, volunteers, or others for whom it is at

law responsible have been trained as required under the act as well as any

documentation regarding training policies, practices and procedures.

http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html

http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html


and Maintenance of the Tyandaga Golf Course # RFP-10-02

Page 10 of 61

Pricing Schedule (Mandatory to complete)

It is mandatory to complete this pricing schedule as part of your submission. The

pricing provided will be used and compared with other submissions. All pricing provided

below is exclusive of all taxes. Financial Information is referenced in section 3.12, 4.7

and 5.0 - Section 7.

Description: Unit Cost:

(Rent per year)

x QTY

(# of years)

= Total

A. Minimum Base Rent

B. Additional Rent above the base rent: (Fixed Costs: Page 22 Section 3.12)

$125,000

C. Capital Maintenance (3% of gross operating revenues annually) (Section 3.13)

TOTAL: (A + B+ C)

A percentage based fee tied to the overall gross annual revenues for the provision of

the services paid annually. (Please be specific)

%___________

Provision of New Capital:

Outline your plan, if any, regarding additional capital investments you would

employ on the property over the term of the lease along with the appropriate

costing and payment plan.

**If this page does not entirely encompass your solution, please submit supplementary

pages – labeled ―Pricing Schedule‖



Page 11 of 61

1.0 BACKGROUND

The City of Burlington initially issued a Request for Expressions of Interest in September 2009 called Leasing Options for the Tyandaga Municipal Golf Course. As a result of that process, the City is moving into the 2nd stage of the competition – a formal RFP process.

Through this RFP process, the City will be accepting formal offers to enter into a

lease agreement with a single operator that will manage the entire operation of

the Tyandaga Golf Course, which consists of the golf program, the food services

and the operations & maintenance of the golf course.

The City is currently managing all elements of the golf course and all proposals

will be benchmarked against the 2010 operating budget for the Tyandaga Golf

Course. Additionally any transitional costs that will be incurred by the City as a

result of switching to a third party operator that will manage the course will be

considered prior to any award.

The City expressly reserves the right to accept or reject all or parts of any

Proposal and also reserves the right to cancel this Call for Proposals at any time.

The City will not reimburse any company or person for any costs associated with

the preparation and / or participation in this RFP process. It is anticipated that

Stage 3, negotiation, will follow the RFP process.

Any selected leasing option may be subject to any authorities or approvals

required under the Municipal Act or any other statute and / or City Council.

All information will be considered highly confidential, subject to the provisions

and the disclosure requirements of the Freedom of Information and Protection of

Privacy Act, and any other disclosure requirements imposed by law.

Stage Three would be the final phase of the process and would involve the City

and successful Proponent entering into negotiations with the objective of

concluding a satisfactory agreement based on accepted business practices. The

agreement may include a mutually agreeable lease for the entire golf course or

portions of the golf course. The foundation of this negotiation will be based on the

RFP document and the submission of the successful Proponent. If agreement

cannot be reached in a timely basis or based on mutual consent, the City will

move onto the next Proponent, until a successful agreement can be reached.



Page 12 of 61

2.0 CURRENT TYANDAGA OPERATION

2.1 Site Location and Physical Characteristics:

Tyandaga Municipal 18-hole Golf Course is owned by the City of

Burlington and encompasses 110 acres in size, excluding a 7.5 acre hydro

corridor that bisects the property. The golf course is 5,319 yards from the

yellow tees (forward) and 5,756 yards from the blue tees (back). The City

purchased this land from a former private golf course Vendor in 1973

when the Parks and Recreation department assumed responsibility for this

business enterprise.

The facilities on-site include a single storey clubhouse, built in 1999

(approx. 8,000 square feet) consisting of a dining area, welcome foyer, pro

shop, administration offices and washroom facilities (no showers), an

outdoor covered patio that seats approximately 60, a maintenance facility

built in 1964 (approx. 4000 sq ft) and an outdoor parking lot. There is a

small practice area, but currently no driving range/learning academy on

the property. The local Tyandaga Tennis Club independently operates a

seasonal program adjacent to the lower parking lot through a Joint-

Venture Agreement with the City (One small building and two outdoor

courts).

The property is the largest, city-owned, contiguous open space in the

urban area and has a variety of flora, fauna, wildlife, woodlots and creeks

that traverse the property in a number of locations. The land is undulating

with a combination of flat tableland pockets (4) and a series of ravines.

The Clubhouse and dining areas have a liquor license and can be

provided upon request.

Given the physical characteristics of the site, the golf course offers a

challenging experience in a scenic natural setting – a unique feature within

a mature urban community.

2.2 Official Plan Designation and Zoning:

The Tyandaga Golf Course property is currently designated ―Major Parks

and Open Space‖ in the City of Burlington Official Plan. The hydro corridor

that transects the site is designated ―Utility Services‖. The property is

zoned ―01 Zone‖ or Open Space zoning. The surrounding residential

neighbourhood is predominantly low density, single family with the



Page 13 of 61

exception of a few medium density townhouse areas along Brant Street

and the south end of Tyandaga Park Drive.

2.3 Financial Historical Performance and Context:

A historical financial performance profile from 2000-2009 (budget) as

well as the proposed 2010 current budget for Tyandaga is contained in

Appendix B.

A list of capital improvements that have been completed between

1998-2007 are found in Appendix C.

The existing business operation is intended to net zero annually with

no impact on the tax payers of Burlington. Any surplus revenues are

directed to a reserve fund to be used for capital improvements to the

golf course over time.

2.4 Staffing Structure:

Responsibility for the overall management of the golf course is overseen

by the Manager of Enterprise Services, in the Parks & Recreation

Department.

On-site operations are managed by two full-time positions; the

Supervisor of Golf Maintenance and Supervisor of Golf Operations.

They are accountable for their specific areas of the operation and

make decisions in a team environment.

Administrative duties including tournament bookings are handled by 1

full-time Facility Associate that reports to the Supervisor of Golf

Operations.

2 full-time maintenance staff (equipment and landscaper/gardener).

15 part-time/seasonal maintenance staff report to the Supervisor of

Golf Maintenance.

7 part-time seasonal pro shop staff report to Supervisor of Golf

Operations.

55 volunteers report to the Supervisors (e.g. divot crew, starters,

rangers).



Page 14 of 61

2.5 Additional Information:

Additional background information on Tyandaga Municipal Golf Course is

available on the City’s website by following this link:

http://cms.burlington.ca/Page5266.aspx. The website includes detailed

information related to staff reports, business plans and studies, power

point presentations and mapping of the property and floor plans of the

clubhouse. The Tyandaga home page includes information on

memberships, tournaments, green fees, golf programs and the layout of

the golf course.

More recently, on the above link, Proponents will find a number of recent

reports including:

Tyandaga Municipal Golf Course – Results of the Request for

Expression of Interest (REI # 09-04) for Leasing Options & Next Steps.

Tyandaga Municipal Golf Course - Preferred Practice Facility/Learning

Academy Preliminary Design and Business Plan (not approved).*

Tyandaga Municipal Golf Course Practice Facility/Learning Academy

Tender Award Contract 09-40 (tender cancelled).**

Note:

* The proposed site for the Practice Facility/Learning Academy is on

a portion of lands owned by the Roman Catholic Diocese of Hamilton

(approximately 4.5 acres). The City has finalized a land use

agreement with the owner.

** On December 14 2009, Council cancelled the construction tender for

the Preferred Practice Facility/Learning Academy. Council has

decided to include the proposed practice facility / learning academy

concept as a possible inclusion option within the RFP process.

Tyandaga Municipal Golf Course – Proposed 2010 Business Operating

Model and Pricing Structure. Report to be posted on-line as of

February 10, 2010. Link: http://cms.burlington.ca/Page5266.aspx.

The Tyandaga is a year-round operation including, but not limited to all

business operations related to:

o Golf Programming, Memberships & Tournaments

http://cms.burlington.ca/Page5266.aspx

http://cms.burlington.ca/Page5266.aspx



Page 15 of 61

o Food & Beverage

o Pro Shop Merchandise and Rentals

o Facilities & Grounds, Operations and Maintenance

o Facility Rentals (including off golf season)

o The course is operational between 6:00am and dusk and that

the course is supervised until the last registered player

completes the course and exits the property.

3.0 LEASE ARRANGEMENT

3.1 Preface:

This request for proposal is for a 10 year lease plus an option to renew for

an additional 5 year term for the entire ―As Is‖ Tyandaga Municipal Golf

Course. The City is open to entertaining any other lease terms that a

Proponent may have, other than a 10 year lease mentioned above.

3.2 In-Season Operating Schedule:

Ensure that public usage of the grounds prior to opening and after

dusk is permitted, within reason, based on the understanding that the

golf course is currently designated as ―Major Parks and Open Space‖.

Public usage would include, but not limited to, public access to trails

and recreational tobogganing in the off-season.

3.3 Off-Season Usage:

The typical golf season operates annually from April to November. The clubhouse is to be a year-round operation under the management of the Vendor. As such, the Vendor would be required to maximize use of the clubhouse in the off season for functions like, but not limited to, banquets, weddings, meetings, and community use (e.g. program rental).

3.4 Day-to-day Operations:

The Vendor shall be responsible for all aspects of the day-to-day

operation of the facilities including all operational costs (i.e. buildings

staff, property and etc).

The Vendor shall comply with all public health regulations under the

Region of Halton.



Page 16 of 61

The Vendor shall comply with City of Burlington and the Region of

Halton Policies, and By-Laws.

The Vendor shall pay for all associated costs for utilities usage and

servicing.

Water for the course is mainly supplied from onsite ponds. However in

the event the ponds become depleted, Tyandaga accesses water

which is permitted through the Ministry of the Environment. The

Vendor would be responsible to apply for a permit and adhere to all

conditions within as part of the operating expenses.

3.5 Business Services:

The responsibility of the Vendor will include, but may not be limited to, all

operations and expenses related to the following:

1. Merchandise Services:

Operation of the ―Pro Shop‖ for the sale and rental of golf

equipment and merchandise at the Vendors own expense and all

labour in connection with the sale and rental of such equipment.

The Vendor will have the opportunity to purchase any remaining

merchandise stock available through the pro shop.

Providing insurance for any stock or equipment associated with

retail sales or rentals or equipment at the golf course.

2. Golf Services:

The Vendor shall provide a provision of a full range of instructional

opportunities to be carried out by qualified instructors and employ,

at the Vendor’s expense, personnel to provide such instruction;

The Vendor shall provide coordination and supervision of play at

the golf course to ensure orderly and effective use of the golf

course; supervision of the conduct of all patrons on the golf course

and in the clubhouse; and provision at all time of adequate course

marshalling including power golf carts to be used by the marshals

to ensure that all patrons are suitably attired and demonstrate golf

etiquette.;



Page 17 of 61

The Vendor shall ensure all golf marshals are at least eighteen

years of age;

3. Customer Service:

The Vendor shall provide provision of, and payment for all costs

associated with, any alarm system installed within the facilities.

The Vendor will provide a link from their website to the City’s

website to ensure clarity of information to the customer.

4. Food Services:

The Vendor shall comply with all food services standards and

expectations set by the Region of Halton.

The Vendor shall comply with and be licensed by the Alcohol and

Gaming Commission of Ontario (AGCO).

The Vendor shall be responsible for all associated costs (staff,

food, alcohol, advertising and promotion, etc.).

5. Tournament Services:

The Vendor will be responsible for all tournament requests as a

component of the overall operational model. This would include, but

not limited to communications to the current membership of events.

6. Banquet / Meeting Services:

The Vendor will be responsible for all banquet, wedding and

meeting requests as part of the operating model. This would

include and is not limited to membership communication of events

and integration within the daily operation.

3.6 Rates and Fees:

The Vendor holds the responsibility and authority to set and adjust all

rates and fees for the business enterprise including, but not limited to

memberships, merchandise, rentals, food & beverage, golf clinics /

lessons, and green fees.



Page 18 of 61

The Vendor shall build in affordability strategies within their operating

model. Affordability strategies may include, but not limited to, fee

assistance programs, group rates, and targeted rates for specific

demographic groups (e.g. Juniors, Seniors).

3.7 Ongoing Repairs and Maintenance:

The Vendor shall maintain at their expense the greens and

surrounding grounds to a similar or higher standard currently

established by the City. The current grounds maintenance program

can be found in Appendix E. The City, at its discretion, has the right

to evaluate maintenance practices and standards being maintained by

the Lessee at any time.

The Vendor at their expense shall ensure adequate snow removal from

parking lot and entry/exit points around facility.

The Vendor at their expense shall be responsible for winterizing and

de-winterizing any facilities, equipment, vending equipment and mobile

equipment which may require such maintenance during the term of the

Agreement.

The Vendor at their expense shall be responsible for the ongoing

repairs to and maintenance of the facilities. The facilities shall be kept

in a first-class state of repair and cleanliness at all times. The Vendor

shall develop and implement a preventative maintenance program for

all facilities and equipment, and shall ensure that service contracts are

in place for all major equipment, including but not limited to exhaust

hoods, refrigeration equipment, fire suppression systems and

equipment and heating/cooling systems. Copies of the preventative

maintenance program and all service contracts shall be made available

to the City. See Appendix D for the current facilities equipment lisiting

– preventative maintenance.

The Vendor at their expense shall repair or replace any equipment or

other improvements that become damaged during the term of the

agreement, and competent personnel shall carry out all such repairs in

a good and worker like manner. Any replacements of equipment or

other improvements shall be of a quality and quantity comparable to

the original, unless otherwise agreed to by the City. The Vendor will

make any repairs or undertake any maintenance requested by the City



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in an expeditious manner. If the Vendor fails to do so, the City may, at

its sole discretion, undertake such work for the account of the Vendor.

The Vendor shall have in place a program of regular pest control, and

shall operate the facilities in such a manner as to minimize the

occurrence of pests of all forms. The Vendor shall provide the City

with a copy of its pest control service agreement upon request. All

pest control methods and products must be reviewed by and are

subject to the approval of the City.

The Vendor will be responsible for an agronomy review to be done

annually, up to a maximum cost of $5,000. This review will be done by

an impartial organization that is at arm’s-length to the Vendor. Copy of

the results will be provided to the City on an annual basis.

3.8 Neighbour Relationships:

The local Tyandaga Tennis Club independently operates a seasonal

program adjacent to the lower parking lot through Joint-Venture

Agreement with the City. The operation includes one small building

and two outdoor courts. The Tennis Club shares parking facilities with

the golf course. The Vendor will ensure good neighbour relations are

maintained with the Tennis Club over the duration of the lease.

The surrounding residential neighbourhood is predominantly low

density, single family housing, with the exception of a few medium

density townhouse areas along Brant Street and at the south end of

Tyandaga Park Drive. The Vendor will ensure good neighbour

relations with the surrounding community are maintained ensuring all

by-laws are followed (i.e. legislation re: pesticide use) and any matters

of neighbour concerns are addressed through appropriate

communication strategies.

The Vendor will be required to host a minimum of one open house

annually with the surrounding neighbourhood as a forum for

communication.

The Vendor will consider usage of the current Tyandaga Liaison

committee as part of the Vendor’s operating model. Tyandaga Liaison

committee Terms of Reference may be supplied to proponents upon

request.



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The Vendor will ensure that the naming of Tyandaga Golf Course be

maintained throughout the duration of the lease. The Vendor will have

the ability to adjust logo / graphic imagery while maintaining the

Tyandaga name brand.

3.9 Portable Equipment:

The Vendor will have the option to purchase current portable

equipment from the City OR, The Vendor may choose not to use City

equipment and therefore be responsible for providing own such

equipment.

The vendor shall be responsible for all costs associated with the

purchase, operation and maintenance of such equipment.

The Vendor shall provide and maintain all portable equipment

necessary for the successful operation of the facilities. All non-

portable equipment (e.g. HVAC, walk-in refrigeration unit) would not be

considered portable and would be part of the lease. A listing of all the

current portable equipment can be found in Appendix F & G. Various

portable equipment categories would include, but not limited to:

o Food Services Equipment o Office Equipment o Maintenance Equipment o Golf Equipment o Sales and Service Equipment o Dining Room and Bar Furnishings

The Vendor at their expense is responsible for any installation of

equipment prior to contract start date. If the Vendor is providing own

equipment, then the Vendor is responsible for the removal of

equipment at the end of the contract at no cost to the City. The

installation of the equipment shall be scheduled at a date and time

agreeable with the City. The Vendor must ensure that all installations

are completed using certified trades people. The Vendor may be

required during the term of the contract, to remove any equipment

deemed not suitable at any cost to the City.

The Vendor is to provide in their RFP submission, an inventory list of

all equipment that will be used to operate the golf course.



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The Vendor will have the responsibility to supply all IT equipment

(hardware, software and network) and be responsible for all expenses

related to the installation, on-going maintenance and upgrading that

would be required.

3.10 Non-Capital Improvement:

The Vendor shall be responsible for all leasehold improvements, furniture, fixtures and equipment required for all facilities, and shall pay all costs associated therewith. Non-Capital improvements are typically minor in nature and are under a $5,000 threshold.

3.11 Current Lease Contracts (TBC)

There are currently 3 capital leases for the Tyandaga golf course and

the intent is that the all three leases will be assigned to the successful

Proponent. All three leases have financial obligations to either buy out

the equipment, or trade – in for new equipment, or return to the lessor

to sell the equipment. The successful Vendor will be given the

opportunity to review existing contracts and have the option to assume

responsibility.

3.12 Fixed Costs:

The City has built in fixed costs as part of the RFP process. These fixed

costs are for Property Taxes, the Hydro Land Lease and the Tyandaga’s

Vehicle Deprecation Reserve Fund (VDRF). These fixed costs total

$125,000 to be paid annually for the duration of the lease. Fixed costs are to

be shown within submission as well as on the Pricing Schedule in the

―Additional Rent above the Base Rent‖ category. Note: of the $125,000 fixed

costs paid annually, $60,000 is directly attributed to the VDRF. The city will

consider alternate proposals for equipment payment as part of the

proponent’s submission.

3.13 Capital Maintenance:

The Vendor will be required to contribute to a capital reserve fund at a

rate of 3% of the annual gross revenues.

Vendors will be required to contribute to a capital reserve for

replacement of existing assets (not including furnishings and fit up)

with the funds held by the City in a capital reserve account. The City

will consult with the Vendor to determine how funds held in a capital



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reserve will be utilized and draws will be authorized by the City

Treasurer.

At the end of the lease or upon termination of contract with the City, all

funds within the capital reserve account will be that of the City and not

the Vendor.

Capital Maintenance costs are to be shown within submission as well

as on the Pricing Schedule in the ―Capital Maintenance‖ category.

3.14 Capital Improvement:

The Vendor shall be responsible for all capital improvements within the

facilities and grounds and shall pay all associated costs. Capital

Improvements are typically larger scale items at a cost over the $5000

threshold.

All non-portable capital improvements made to the property (golf

course, clubhouse, etc.) must be approved by the City. Costs

associated with any capital improvements will be subject to negotiation

between the Vendor and the City. Payment for any non-portable capital

improvement may be made by the City to the Vendor in the event the

contract is terminated or not renewed.

All Capital Improvements will be presented formally by the Vendor to

the City for required approvals.

3.15 On-Going Communications with the City:

The Vendor shall appoint a designate to be the principle contact with

the City throughout the duration of the contract.

3.16 Responsibilities of the City:

The City shall allow facility access to the Vendor once the contract is

awarded.

The City shall provide approvals and subsequent support services for

all capital investment related to the properties or facilities.

The City shall provide opportunities / suggestions for cross promotion

or joint marketing initiatives. .

The City shall appoint the General Manager of Community Services or

designate to be the principle contact for the Vendor.



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The City will provide a link from our website to the Vendor’s website to

ensure clarity of information to the customer.

4.0 LEASE TERMS AND CONDITIONS

4.1 Government Laws, By-Laws, Legislation & Regulations:

The Vendor will comply with all applicable municipal, provincial and

federal laws, by-laws, legislation and regulations regarding the use and

storage of hazardous materials, including but not limited to propane,

cleaning supplies and chemicals of all sorts. A list of all such materials

must be provided to the City upon commencement of this Agreement,

and must be updated as required.

The Vendor shall be responsible for the removal of all waste, garbage,

recyclables, and organic debris from the facilities and greens in relation

to the Vendor’s operations.

The Vendor will be required to comply with all federal, provincial and

municipal laws and regulations in performing any services including,

without limitation, the Occupational Health and Safety Act and the

Workplace Safety and Insurance Act, 1997, or any successor

legislation, as applicable, and to provide to the City, upon request,

periodic reports confirming such compliance.

The Vendor shall install and maintain all signs at its sole expense, in

compliance with the City’s by-laws and regulations.

4.2 Property Taxes:

Property taxes are part of the fixed costs included in section 3.12.

Such property taxes will be paid by the Vendor through this rental

payment.

4.3 Collection of Taxes:

The Vendor shall be responsible for the collection and remittance of

the Goods and Services Tax (GST), the Provincial Sale Tax (PST),

including the Harmonized Sales Tax (HST) all employee withholdings

and any other taxes that are levied on the operation of the business.

Proof of such collection and remittance must be furnished to the City if

requested.



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4.4 Insurance:

The Vendor shall maintain public liability, property damage, auto, and

crime insurance in amounts and from an insurer acceptable to the City.

This coverage must remain in place throughout the term and any

extension of the Agreement. Such insurance must be in an amount

acceptable to the City.

At all times during the Term and any renewal thereof, the Vendor at its own expense, shall take out and keep in full force and effect:

All risks property insurance in an amount equal to one hundred (100%) percent of the full replacement cost, insuring all property owned by Vendor or for which Vendor is legally liable or installed by or on behalf of Vendor, or located on the premises including, without limitation, leasehold improvements, chattels, furniture, stock, equipment, fixtures; and other contents. Business interruption insurance that reflects at least 12 months of the net income.

Commercial General Liability insurance including owners' and contractors' protective, products liability, bodily injury, personal injury, contingent/employer's liability, tenant's legal liability, blanket contractual liability, non owned automobile liability; and provisions for cross liability and severability of interests with limits of not less than Five Million Dollars ($5,000,000.00) per occurrence: If serving alcohol on the premises for compensation, liquor liability insurance. The City is to be added as an additional insured on the policy.

Professional Liability (errors and omissions coverage) for the performance of Services by the Vendor providing that the policy is:

In the amount of not less than One Million Dollars ($1,000,000). Not to be construed as a limit of the liability of the Vendor in the

performance by the Vendor of the Services under this Agreement. Notwithstanding anything to the contrary contained in this

Agreement, kept in full force and effect for a period of time ending no sooner than TWO YEARS after the termination or expiry of this Agreement, as the case may be.

Crime insurance against the loss of money and other valuable instruments, which includes employee dishonesty, robbery & burglary, theft, disappearance, destruction, forgery or alteration, in the amount of not less than $25,000.

Automobile liability insurance with limits of not less than two million dollars ($2,000,000.00) in respect of any one accident, for all licensed motorized vehicles used in the performance of services.



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Any such other forms of insurance as the City, acting reasonably, may require from time to time.

4.5 Insurance Terms and Conditions:

Approval of insurers by the City.

All policies of insurance required to be taken out by Vendor shall be placed with insurers that are licensed in the Province of Ontario and are in a form acceptable to the City.

Notice of Material Change or Cancellation by the Vendor to the City.

Each policy shall contain an endorsement requiring the insurers to notify the City in writing, by registered mail, at least thirty (30) clays prior to any material change that restricts or reduces the insurance required under this clause, or cancellation thereof.

Breach of Conditions:

Each policy will contain a waiver in favour of the City of any breach of a policy condition or warranty such that the insurance policy in question will not be invalidated in respect of the interest of the City by reason of a breach of any condition or warranty contained in such policies.

Deductibles:

The parties agree that insurance policies may be subject to deductible amounts, such amounts to be subject to the approval of the City and which amounts shall be borne by Vendor.

Primary Coverage:

The insurance policies required pursuant to this clause shall be primary and shall not call into contribution any insurance available to the City.

Failure to Maintain Insurance:

Vendor shall promptly advise the City of any cancellation, material alteration or lapse of any policies of insurance required under this clause.

No such insurance taken out by the City shall relieve Vendor of its obligation to insure hereunder.

Evidence of Insurance:



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Upon execution of this agreement, the Vendor shall deliver to the City evidence of the insurance required hereby in the form of Certificates of Insurance, in form and detail satisfactory to the City, not acting unreasonably, signed by an authorized representative of the insurer. The Vendor will make available the complete original certified copies of all applicable policies delivery to the City if required. Certificates of insurance evidencing renewal or replacement of policies shall be delivered to the City fifteen (15) days prior to the expiration of the current policies, without demand having to be made therefore by the City.

4.6 Warranties and Covenants:

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying thereon) that any deliverable resulting from or to be supplied or developed under the Agreement will he in accordance with the City's functional and technical requirements (as set out in the RFP) and, if applicable, will function or otherwise perform in accordance with such requirements.

4.7 Financial Matters:

During the term of the lease, the Vendor shall pay the City the following

amounts. This information is summarized in the Pricing Schedule and is

summarized below.

1. Annual Minimum Base Rent

2. Annual Additional Rent above the Base Rent (Fixed Costs Section

3.12)

3. Annual Capital Maintenance Contribution: 3% of total gross revenues

4. A percentage fee tied to the overall gross annual revenues for the

provision of the services.

4.8 Contract Security:

The successful Proponent shall submit a contract security upon request promptly before the award of the RFP: a) In the amount of Twenty Five ($25,000) dollars in the form of a certified

cheque or irrevocable letter of credit. b) The contract security shall be deposited by the City for the entire term

of the contract period and 1 year after contract expiry.



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c) It is understood by all parties involved that this money will be forfeited

to the City by the Contractor upon termination of the contract, which is a result of a default by the Vendor

d) This contract security will be applied to any deficiencies left by the Vendor upon termination or expiry of the contract.

e) Contract security will be returned to the Vendor, 1 year after termination or expiry of contract, minus any deductions for deficiencies.

4.10 Lease Payment:

The Vendor will be responsible for monthly lease payments.

4.11 Financial Reporting:

The Vendor shall provide financial statements, audited by a certified

Chartered Accountant or approved Auditor, no later than 60 days after

Dec 31st of the previous year, for each year of the agreement. The

City and/or its designate may audit, examine and copy any and all the

books, records and information relating to the operations at the facility;

further agreeing that failure to keep, maintain and make available

these records, whether within the company’s control or not, shall

constitute a material breach of the agreement.

The Vendor shall provide proof of their ability to provide adequate financing of any capital improvements over the term of any resulting agreement. This must be in the form of references from a financial institution.

Financial reports will be provided by the Vendor to the City at any time requested by the City.

4.12 Indemnities:

The Vendor shall indemnify and save harmless the City of Burlington, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the Vendor's performance or non-performance of its obligations, including payment obligations to its approved subcontractors and suppliers and others, and including breach of any confidentiality obligations under this Agreement.

Upon assuming the defense of any action covered under this section the Vendor shall keep City of Burlington reasonably informed of the status of the matter, and the Vendor shall make no admission of



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liability or fault on City of Burlington's part without City of Burlington's written permission.

4.13 Sub-contractors:

The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or willful misconduct of its sub-contractors.

4.14 Assignment:

The Agreement or any portion thereof shall not be assigned or sublet

without the prior written consent of the City, whose approval may be

withheld for any reason.

4.15 Personnel and Performance:

The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.

The Vendor will ensure that its personnel (including those of approved sub-contractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.

4.16 Human Resources:

All proposals shall identify a specific staffing plan, including intentions

on use of City staff or providing other staffing arrangements. Below

shows the current City of Burlington pay ranges for all positions

associated directly with Tyandaga.

JOB TITLE PAY RANGE Percentage of time used for Tyandaga Operation

Supervisor of Golf Maintenance $60,976 - $87,653/year 100%

Supervisor of Golf Operations $60,976 - $87,653/year 100%

Facility Associate $38,728 - $55,572/year 100%

Maintenance – Full time – (Union) $21.84 - $23.47/hour 100%

Maintenance – Part time $14.53/hour (average) 100%

Part time Seasonal Pro Shop Staff $11.72 - $12.07/hour 100%

The Vendor shall ensure the following as related to Human Resources:



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The Vendor shall be solely responsible to the applicable government

bodies with respect to making all necessary deductions from wages,

and remittance of any applicable fees to those appropriate bodies.

The Vendor will ensure all staff serving alcohol are qualified and

trained under a ―Smart Serve program‖ recognized by the Alcohol and

Gaming Commission of Ontario.

The Vendor will ensure that staff who use pesticides follow all

Government Regulations governing the use of pesticides.

The City reserves the right to audit such Human Resources

requirements as deemed necessary by the City.

4.17 Independent Contractor:

The relationship of the City and the Vendor is one of landlord and tenant and not one of employer-employee. Neither is there any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City.

4.18 Termination Provisions:

Failure of the Vendor to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon thirty (30) calendar days' written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall not incur any liability to the Vendor apart from the payment for the goods, material, articles, equipment, work or services that have been satisfactorily delivered or performed by the Vendor at the time of termination.

All rights and remedies of the City for any breach of the Vendor's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law.

No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy.

Upon termination, all originals and copies of data, plans, specifications, reports, estimates, summaries, photographs, and other documents that



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have been accumulated and/or prepared by the Vendor in performance of the Agreement shall be delivered to the City in a clean and readable format.

4.19 Right to Audit:

The City may audit all financial and related records associated with the terms of the contract including timesheets, reimbursable out of pocket expenses, materials, goods, and equipment claimed by the Contractor. The Contractor shall at all times during the term of the contract, and for a period of 7 years following completion of the contract, keep and maintain records of the work performed pursuant to this contract. This shall include proper records of invoices, vouchers, timesheets, and other documents that support actions taken by the Contractor. The Contractor shall at his own expense make such records available for inspection and audit by the City at all reasonable times.

The Vendor shall immediately advise the General Manager of Community Services or designate in the event of any of the following:

o A critical injury that arises out of Services that is the subject of this

agreement; o An order(s) is issued to the Vendor by the Ministry of Labour arising

out of the Services that is the subject of this agreement; o A charge is laid or a conviction is entered arising out of the

Services that is the subject of this agreement, including but not limited to a charge or conviction under the Of1SA, the Criminal Code, R.S.0 19R5, c. C-46, as amended and the Workplace Softly and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

The parties acknowledge and agree that employees of the City, including senior officers, have no authority to direct, and will not direct, how employees, workers or other persons employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.

The Vendor shall be responsible for any delay in the progress of the Services as a result of any violation or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the Services or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Services without additional cost to the City.

4.20 Workplace Safety and Insurance Act:



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The Vendor shall be in good standing with the Workplace Safety and

Insurance Board ("WS113") throughout the term of this agreement. If requested by the General Manager or his designate, the Vendor shall produce certificates issued by the WSIB to the effect that they have paid in full their assessment based on a true statement of the amount of payrolls. If the Vendor is considered by WSIB to be an independent operator without coverage, the Vendor shall provide a letter to that effect from the WSIB.

5.0 PROPOSAL DOCUMENTATION AND DELIVERY

5.1 The documentation for each Proposal:

Must be submitted in a sealed envelope or container (submissions made by fax, telephone, electronic message or telegram will not he accepted) displaying a full and correct return address.

Should be limited to preferably 25 pages, double sided, minimum 11 point font, with unlimited appendices.

Must consist of one (1) original (clearly marked as such on its first page) and preferably six (7) full photocopies of:

o Main Proposal Document as described in the section below titled

Proposal Content, including all attachments and appendices as required. (Mandatory)

o Form 1 (Proposal Submission Form – page 5 & 6) completed and signed by an authorized official of the Proponent. (Mandatory)

o Pricing schedule – page 11 (Mandatory) 5.2 Proposal Content:

The proposal should contain the following items:

Letter of Introduction — Introducing the Proponent and signed by the person(s) authorized to sign on behalf of and to bind the Proponent to statements made in response to this RFP. This should contain the same signature as the person signing the submission forms.

Table of Contents — Include page numbers and identify all included materials in the proposal submission.

Section 1— Executive Summary:

The Proponent should provide a summary of the key features of the proposal.



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Section 2 — Proponent Profile:

Proponents should have staff, organization, culture, financial resources, and market share to ensure their ongoing ability to manage the golf operations, maintenance and food and beverage operations.

To permit the Proponent to be evaluated fully as a viable and sound enterprise, include the following information with respect to the Proponent, and if the submission is a joint Proposal, for each consortium member. Please note that where Proposals are being submitted by consortiums, the information requested should be provided for each consortium member and a lead consortium should be indicated. If there is a successful Proponent, the intention is to enter into an agreement with the lead consortium member.

A profile and summary of corporate history including: date company started; products and/or services offered; total number of employees; major clients; and business partners and the products/services they offer;

A profile and summary of corporate history of any parents or subsidiaries and affiliates and the nature of the Proponent's relationship to them (i.e., research, financing).

Financial viability providing the following information as required for Publicly Held companies and Privately Field companies:

Publicly Held companies:

Audited financial statements for the two (2) most recent years available (or annual report).

Privately Held companies:

Letter from their financial institution or from their auditor providing assurance to the City that the Proponent has been and is financially viable and solvent as a going concern; confirmation that the Proponent has the financial capacity to complete this project; and that the undertaking of this project will not put any undue financial burden on the Proponent.

If the proposal is being presented by a consortium, provide a description of the relationships between consortium members.



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Section 3 — Experience and Qualifications of the Proponent:

It is important that the work be undertaken by a Proponent who can

demonstrate specific knowledge of, and experience in performing similar work for projects of comparable nature, size and scope. In particular, the Proponent should demonstrate the following in its Proposal:

The Proponent should be able to demonstrate extensive experience related to the operation of golf courses. This experience should include involvement with marketing, product development, customer service, and operations. The Proponent should be able to demonstrate a strong understanding of' the current and future golf market in the Halton Region.

Proponents should describe the necessary skills, experience and expertise they have in the areas of golf management, maintenance and food and beverage operations, and, based on these skills, experience and expertise, how they would ensure that the objectives of the RFP are met.

Provide a minimum of three (3) references for the purpose of evaluating the Proponent's experience and track record of success. Note that the City prefers references for solutions that are similar to the solution being proposed in response to this RFP. For example, solutions for similar operations for the municipal/public sector, projects of similar size, scale and complexity. Each reference should include:

o the identity of the reference client organization; o a contact name and title, address and telephone number; o the size and nature of the client's business; o the number of years dealing with the client; o a description of the project; o Client's URL address.

Please note that Proposals being presented by consortiums that do not

include the information requested for each consortium member will not be awarded full marks during the evaluation process. In providing references, Proponents agree that the City can contact the individuals provided as part of the evaluation process. The City will make its own arrangements in contacting the references. Substitution of references will not be permitted after the close of the RFP.

Section 4 — Staff Team and Resources:

It is important that the work be undertaken by a staff team who can

demonstrate specific knowledge of, and experience in performing similar



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work for projects of comparable nature, size and scope. In particular, the Proponent should provide the following in the proposal:

Interests in existing City staff compliant as shown in 4.16.

A list of key staff that the Proponent would propose to use, with a listing of their professional qualifications, related project experience and an indication of their duties and responsibilities on this particular project. Proponents should also provide details of the management structure.

A list of qualified instructors that the Proponent would propose to use for the provision of full range instructional opportunities.

Include strategies and individuals that can fulfill the roles and responsibilities for any unforeseen events requiring replacement of team members.

Resumes for proposed individuals are to be included as an Appendix to the proposal.

Provide a statement of any conflict of interest, if applicable.

Section 5 — Operating Model:

Proponents should confirm and explain that they understand the goals and objectives of this RFP including a comprehensive understanding of the lease arrangement and terms and conditions.

Proponents must provide a detailed description of how the Proponent intends to achieve the goals and objectives of the project for the duration of the lease (2011-2021) including, but not limited to:

A description outlining the specifics of your 10-year business plan,

including but not limited to:

o business continuity planning, o marketing plans, o business performance (e.g. expected rounds of golf), o risk management (A summary of risks/problems/issues

associated with this project and how they will be mitigated, o rates and fees for all areas of the business (e.g greens,

tournaments, food and beverage), o food and beverage services, o facility usage and rentals, o interests in a possible extension of the lease past the 10

year term, o a description of the instructional and programming plans, o a description of the capital plans including projects, financing

strategies, timing and expectations, o A description of your preventative maintenance plans for

greens/grounds & facilities.



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Proponents will provide a plan showing how you will become involved in community events through sponsorship and provide examples of previous successful similar programs and ideas for recruitment of new players.

Proponents will provide program commitments to youth and development of junior golf programs.

Proponents will provide details on how you will implement customer service mechanisms that will enhance and maintain the satisfaction of patrons, including, but not limited to, ideas to promote faster speeds of play.

Proponents will provide details on their plans for tournaments.

Proponents will provide details on food and beverage operational plans including off season use of the clubhouse.

Section 6 — Workplan and Deliverables:

It is important that the operation of service is started and maintained in an efficient and effective manner so the customer has little or no interruption. The Proponent is to provide:

A detailed plan indicating the operational approach to the overall scope of work.

An overall timeline of construction and renovations to the facilities along with plans to cover the cost of any modifications to the facilities prior to entry and at the end of the leased term.

Section 7 — Financial Aspects:

As part of the proponent’s submission, the Pricing Schedule must be submitted outlining:

Annual Minimum Base Rent,

Annual Additional Rent above the minimum Base Rent,

Annual Capital Maintenance Contribution: 3% of total gross revenues,

A percentage based fee tied to the overall gross annual revenues for the provision of the services paid annually. Percentage to be generated through proponent’s submission and should be specific.

In addition to the Pricing Schedule, Proponents will provide a detailed financial proposal for the golf operation that covers the following:



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The City will be open to a longer or shorter term than 10 years. Please

outline in your submission what your preference is.

Any capital improvements by the Vendor at the expiry of the lease, a capital settlement will be considered based on a reasonable market value.

Proponents will provide a plan to deal with possible enhancements to the facilities including funding expectations and timing. Enhancements may include, but are not limited to: Practice Facility/Learning Academy and Clubhouse expansions, new irrigation system, washrooms on the golf course, halfway clubhouse, and new maintenance facility.

Proponents will also outline intentions regarding the proposed Practice

Facility / Learning Academy. City Council deferred the staff report to

move forward with the Facility, and further requested this initiative be a

part of the RFP request. Report can be found in:

http://cms.burlington.ca/AssetFactory.aspx?did=12616. Proponents

are asked to outline interest in this initiative along with their funding

expectations if so desired.

Notes & Conditions:

A Historical Financial Performance Profile can be found in Appendix B.

Proponents must outline interests in the use of existing City owned portable equipment.

All capital renewal and enhancements (including fixtures) become the property of the City upon completion or installation unless otherwise agreed upon.

In the event of mathematical errors found in the Proposal, the City reserves the right to make corrections as it deems necessary in deriving the net present value of the Proponent's financial submission.

Costs/Revenues submitted in a Proposal are to be firm for the duration of the RFP process and the term of any resulting Agreement.

All prices must be stated in Canadian currency. The Proponent shall assume all currency risk.

The City shall not be responsible for any additional costs.

Taxes are to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call.

Taxes for the supply and delivery of materials/goods are shown as additional separate charges.

Taxes for construction services and real property improvements/services where the applicable Provincial Sales Tax is currently embedded in the price quoted (GST extra) are bound by the following:

o Changes in taxes applicable to the lump sum bid prices and/or unit prices, due to the introduction of the new Harmonized Sales

http://cms.burlington.ca/AssetFactory.aspx?did=12616



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Tax ("HST"), are anticipated to take effect starting Jul y 1, 2010. Assuming these tax changes are implemented as scheduled, lump sum bid prices and/or unit prices will be adjusted to account for the tax change by deletion of the PST from prices and by payment of the HST based on the applicable legislation as required.



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Detailed Project Schedule

Item Dates

Issuance of RFP February 12th (Friday)

Site Meeting March 3rd (Wednesday)

Deadline for Proponent Questions April 9th (Friday)

Last Addenda (if required) April 15th (Thursday)

Proposals Due April 30th (Friday)

Interviews – if required. Week of May 17rd – 23rd

Approval and Award July 6, 2010 (Council July 5th)

Start of new service provider operations January 3, 2011 (Monday)

RFP Communications:

If any Proponents have any questions during this process, please direct them in writing

to the following:

Jazz Thandi, B.A.S., C.P.P., C.P.M.

Manager of Purchasing

City of Burlington, Finance Department

426 Brant Street,

Burlington, Ontario, L7R 3Z6

(905) 335-7600, ext. 7660 (phone)

(905) 335-7877 (fax)



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6.0 Evaluation Criteria

The evaluation of the RFP submissions will be based on the following criteria and

weightings:

Criteria Weighting

Experience & Qualifications of Proponent

As per:

Section 2 -Proponent Profile

Section 3 – experience & qualifications of the Proponent

30

Level of Service to the Public

As per:

Section 4- Staff team and resources

Section 5 – Operating Model

Section 6 – Work plan and deliverables

20

Financial Aspect

As per:

Section 7 – Financial Aspects

50

TOTAL

100

6.1 The RFP Evaluation Committee

The Evaluation Committee will consist of City staff from Parks & Recreation, the

General Manager of Community Services, Purchasing Services staff, and external

consultant.

The Evaluation Committee will review and analyze all RFP submissions. Interviews

may be held as required or further information requested. The Evaluation

Committee will make recommendations subject to the approval of Council for the

City of Burlington.

7.0 Mandatory Requirements:



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All submissions MUST submit all mandatory forms – Pricing Schedule – page 13, Proposal Form – page 7

All submissions MUST have the Proposal Form (page 7) signed

All submissions MUST be submitted, stamped and received at the Purchasing Reception Counter no later than 2pm on April 30th 2010.

All submissions MUST submit a proposal for operation of the entire Tyandaga Golf Course.

If any of the above Mandatory requirements are not meant, your Proposal will not be considered.



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Appendix A

THE CORPORATION OF THE CITY OF BURLINGTON STANDARD TERMS AND CONDITIONS

PERTAINING TO THE PURCHASE OF GOODS AND SERVICES (revised 11-03-04)

Unless otherwise stated, the following Terms and Conditions form part of all Tender, Proposal and Quotation offers to sell goods and services to the Corporation of the City of Burlington. DEFINITIONS: 1. “Corporation” means The Corporation of the City of Burlington. 2. “City” means The Corporation of the City of Burlington. 3. “Tender” means an offer to supply products and/or services to the Corporation

at a stated price of $100,000.00. or more. 4. ―Request for Proposals” differ from Request for Quotations and Tender

Requests in that no particular specification is supplied. Instead, a need is described for supplier recommendations and respective prices are to be submitted. Proposals differ from Tenders in the following ways:

- Proposals are not opened in public - Proposal prices and sources are not disclosed to the competitors. After

the contract award only the name of the successful vendor is disclosed. - Proposals may be open to price negotiation - Proposals may be valued over or under $100,000.00 5. “Quotation” means any offer to supply products and/or services to the

Corporation at a stated price under $100,000.00. Prices and supplier identities are not disclosed.

6. “Vendor” means the person or organization submitting a Tender, Proposal or Quotation including the person or organization submitting the successful Tender, Proposal or Quotation.

GENERAL TERMS

1.0. DOCUMENT SUBMISSION

1.1. Tenders must be submitted to the Purchasing Reception Counter, Sims Square, 390 Brant Street, 3rd Floor, Burlington, Ontario, L7R 4J4 by 2:00 p.m. on the stated date for public opening at 2:15 p.m. local time unless stated differently. Vendors or representatives may be present at the public Tender opening.

The Vendor names and respective total Tender values will be read aloud at a public Tender opening. Tenders will be reviewed by staff after the opening.



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Responses other than Tenders should be submitted to the same location as tenders as detailed above. In Non-Tender circumstances only the name of the successful bidder is disclosed subsequent to a purchase order award. All prices and the other Vendor identities are NOT disclosed in Non-Tender circumstances.

1.2. A Vendor may withdraw or qualify his bid at any time prior to the official closing time by submitting a letter bearing his signature on his letterhead. In the case of a Tender this will be directed to the Clerk’s Department who will stamp thereon the time and date of receipt. Other bid formats should have communication directed to Purchasing Services.

1.3. Telephone Calls or facsimiles are not acceptable for Tender related communication.

1.4. Bid submissions are irrevocable after the official closing time. 1.5. Bid submissions must be signed.

2.0. THE CITY’S RIGHTS IN RELATION TO BID REQUESTS

The City reserves the right to:

a) terminate the process described in a Bid Request at any time, including before the closing date, for any reason whatsoever and will not be responsible for any costs incurred by vendors in the preparation and submission of their responses to Bid Requests.

b) Not to accept any bid and is expressly permitted to reject any or all bids.

c) To terminate negotiations with a bid proponent at any time. N.B. The bid request process is designed to allow the City the

option to select one or more proponents with whom it will attempt to negotiate an arrangement responsive to the City’s needs. Selection as a proponent with whom the City may negotiate does not guarantee that the City will conclude an arrangement with the proponent. The City expressly reserves the right to terminate the bid process before a proponent is selected, to terminate negotiations with the selected proponent(s) or to determine that the City’s needs can be met, or have been met, in a different manner.

3.0. SECURITIES

Where required the Vendor will provide the Corporation with a valid bid, performance, and labour and material payment bond. This will be issued by a Canadian Surety Company acceptable to the Corporation in its sole discretion. Alternatively, an irrevocable letter of credit from a Canadian chartered bank in the Corporation’s format and in accordance with the Corporation’s requirements may be supplied. A certified cheque is also acceptable.



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4.0 OWNERSHIP IN TRANSIT

All prices are F.O.B. destination, freight prepaid to Burlington, Ontario unless otherwise specified.

5.0. CURRENCY

All references to dollar amounts will be Canadian funds unless otherwise specified.

6.0. PRICE AND SOURCE DISCLOSURE

6.1. Tenders are for purchase values of $100,000. or more. The names of the respondents and the total Tender prices are read aloud at a public opening.

6.2. In Non-Tender situations only the successful Vendor’s name will be disclosed after the award. All prices and the names of other bid process participants will be confidential and not revealed. Non-Tender situations include R.F.P.s, Formal Written Quotation Requests, Verbal Quotation Requests and purchase by Negotiation. This policy is supported by the Municipal Freedom of Information and Protection of Privacy Act.

6.3. For Non-Tender situations as noted above in 6.2 an exception will be made if a City councillor becomes a participant in the competition. In this circumstance an addendum will be sent to all of the competitors before the bid submission closing date advising that a Councillor is now a participant. Consequently, prices and sources will be disclosed following the award of a contract whether the councillor is successful or not. Proponents may withdraw, replace or allow their non-tender submission to remain ―as is‖ if already submitted.

7.0. PRICE DISCREPANCIES

If the extended value, based upon the estimated quantity, is inconsistent with the unit price, the unit price shall prevail, and the total price will be corrected accordingly.

8.0. ESTIMATED QUANTITY

8.1. The Corporation shall not be bound to accept the estimated quantity referenced in a Tender, Proposal or Quotation Request or any similar quantity.

8.2. The supplier shall be required to provide either the estimated or subsequently confirmed quantity called for in the Corporation’s Tender, Proposal or Quotation Request.



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9.0. AWARD

9.1. The lowest or any other bid will not necessarily be accepted 9.2. The evaluation of bids is not based solely on price, but will take into

consideration other factors such as quality of previous work, ability to meet construction schedules on previous work, co-operation with the Corporation or other persons on previous jobs, experience, references, senior staff to be used, equipment, plant facilities, sub-contractors, provisions of securities, etc. as detailed in the specific bid request document and will take into consideration the best value for the Corporation.

9.3. The City reserves the right to accept or reject all or any part of a submission contingent upon the terms of the specific bid/proposal request.

10.0. ACCESSIBILITY

Pursuant to the Ontarians with Disabilities Act, 2001, S.O. 2001, c32, as amended, in deciding to purchase goods or services, the City will have regard for persons with disability. The City is committed to accessibility principles and is taking steps to improve accessibility in accordance with the Act.

11.0. PREPARATORY MATERIALS

Materials necessary for the manufacture of designated finished products such as artwork and colour film separations for printing work or casting patterns in the case of foundry work, etc. once paid for by the Corporation remain the property of the Corporation and must be returned in good condition upon request.

12.0. COPYRIGHT

The copyright for respective purchased concepts and/or materials will become the property of the City of Burlington unless otherwise mutually agreed upon by the successful proponent and the City.

13.0. SKID AND DRUM DEPOSITS

If returnable skids, drums or reels are supplied, the Vendor must indicate if an extra charge applies and if this is fully refundable. The Corporation prefers that the Vendor pick up skids, drums or reels when empty with no deposit or demurrage charge.



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14.0. INSPECTION

All shipments shall be subject to final inspection after receipt by the Corporation at destination. Delivery to the Corporation is not to be an acceptance unless inspected and approved by the Corporation and subject to rejection based upon: a) defective products or workmanship discovered within one year of the

date of receipt b) latent defects, frauds and mistakes

15.0. REJECTION

15.1. If any of the goods are found at any time to be defective in material,

workmanship, quality, quantity or otherwise not in strict conformity with the specifications or requirements of the original bid request and any subsequent order, the Corporation in addition to any rights to which it may have under warranties or otherwise shall have the right to reject and return such goods for full credit. All freight charges are to be at the Vendor’s expense.

15.2. Without limiting the foregoing right of rejection, the Corporation shall have the right to require prompt replacement, repair or correction of defective work or goods at the Vendor’s risk and expense. If the Vendor is unable or unwilling to effect such replacement, repair or correction the Corporation may do so by using its own workers, goods or facilities or by outside contract and shall be entitled to charge the original Vendor for excess costs directly or indirectly occasioned thereby.

16.0. UNSATISFACTORY PERFORMANCE

The Corporation reserves the right to cancel any order or contract at no cost to the Corporation if goods and services are unsatisfactory.

17.0. CONTRACT CANCELLATION

The City may terminate a subsequent contract with thirty (30) days written notice. Such termination will be without penalty, damages or liability to the City.

18.0. DELIVERY DEFAULT / NON-COMPLIANCE / LACK OF FULFILMENT

18.1. Default of delivery or non-compliance with the Tender, Proposal, Quotation Request or Contract will make the Vendor responsible for any increased cost. Compensation will be the City’s choice of cash



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or certified cheque payable to the Corporation to obtain proper commodities or services in the open market. Consequences can include exclusion from City bidding opportunities for up to 3 years.

18.2. If the bid is withdrawn after the closing date and before the validity term expires, the Vendor shall forfeit any deposit/bid bond and shall continue to be liable to the City for any damages beyond the deposit/bond amount. The City may advertise for new Tenders, Proposals or Quotations in this event.

19.0. RISK

If services and/or other goods are being supplied, such other goods remain at the complete risk, responsibility and loss of the Vendor until this contract is fully completed. If damage, loss, theft, robbery or impairment occurs to any goods, the Vendor shall replace such goods at the Vendor’s sole cost and expense. In the event that the Vendor terminates or abandons the services either temporarily or permanently the Corporation may take all necessary steps to complete the services and the Vendor will be responsible for all damages incurred by the Corporation.

20.0. COLLUSION

The Vendor declares that the bid response is NOT made in conspiracy with any other Vendor bidding for the same products/services and is without collusion or fraud.

21.0. CONFLICT OF INTEREST

The Vendor insures that advance disclosure before accepting a purchase award will be made if a member of City Council or staff has a conflict of interest or a financial interest related to the purchase order/contract.

22.0. VENDOR RESPONSIBILITIES

22.1. It is mutually agreed and understood that the Vendor shall not assign, transfer, convey, sublet or otherwise dispose of the Tender, Proposal, Quotation or Contract or the right, title or interest therein, or the powers to execute the same, without the previous written consent of the Corporation.

22.2. Acceptance of a purchase order issued by the Corporation for a bid or any part of a bid shall constitute a contract between the Corporation and the Vendor which shall bind the Vendor on his part to furnish and deliver the goods or services at the prices given and in accordance with the conditions of the bid and these Standard Terms and Conditions.



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22.3. If requested by the Corporation, the Vendor shall execute a written

contract, as an appendix to, and further detailing of, the purchase order.

23.0. CONTRACT AND VENDOR REQUIREMENTS

23.1. The vendor hereby covenants and agrees that if their Tender, Proposal or Quotation or any part thereof is accepted by the Corporation, they:

a) Shall perform the contract in accordance with the

specifications, terms and conditions under which it is awarded.

b) Shall indemnify and save harmless the Corporation from any claim or action arising from the alleged infringement of any patent or trade mark as a result of the use or sale of these goods.,

c) Shall guarantee for a reasonable period, goods against defective material or workmanship and to repair or replace any damage which occasioned in transit.,

d) Shall furnish adequate protection from damage for all work and to repair damage of any kind for which the Vendor is responsible, to the premises or equipment, to his own work or the work of other contractors.

e) Shall pay for all permits, licences, fees and inspections and shall give all notices and comply with all by-laws and regulations of the Corporation and Regional Government.,

f) Shall comply with all statutes and regulations of Canada and Ontario applicable to the work and persons employed on or in connection with the work. (The Corporation and Vendor agree that the sale offer, a subsequent purchase order and any schedules attached shall be governed by and construed according to the laws of the Province of Ontario where the Corporation is located and the courts of such Province of Ontario shall have sole jurisdiction. The Vendor agrees to and attorns to the jurisdiction of the Province of Ontario including all executions and processes issued there from.),

g) Shall address and be subject to Withholding Tax, if applicable, i.e. i Payments to non-resident Vendors will be subject to

the required Withholding Tax from payment for any services rendered in Canada as required by the Canadian Income Tax Act.,

ii Collection of the Withholding Tax by the City may be waived or reduced upon written confirmation by Revenue Canada.,



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h) Shall use due care that no person is injured and that no

property is damaged in the performance of the work. The successful Vendor shall further indemnify the Corporation from all claims that may result from this work. Proof of such indemnification will be required prior to commencement of work. (Certificate of Insurance) (see below).,

i) Shall covenant and agree to maintain during this agreement, at the Vendor’s own expense, public liability, property damage and comprehensive liability insurance coverage satisfactory to the Corporation, in the amount of not less than $2,000,000.00 (two million dollars) per incident and the policy to include the Corporation as an additional insured. This insurance shall include protection against claims that might be brought against the Corporation by any employee of the Vendor and also protective coverage for all sub-contracted operations. A certified copy of the policy of insurance is to be forwarded to the Corporation. This policy of insurance shall not be cancelled without giving the principal thirty (30) days notice of intention to cancel such policy of insurance.,

j) Shall pay compensation to the Corporation for time spent to prepare for, and attend, any hearings and for all legal fees concerning any suits or legal action taken against the Vendor, contractors, etc., not directly involving the Corporation.

k) Shall not, except with the consent of the Corporation in writing, release information relating to any subsequent order for advertising, promotional or technical purposes or otherwise give it publicity in any fashion, nor shall the name of the Corporation be used for, or in connection with, any advertising or promotional purpose of the Vendor.

l) Vendors are to treat information gained while working with the City confidentially and not use it for any other project and return it to the City if requested with no copies to be retained.,

m) Shall comply with all requirements of the Workplace Safety Insurance Board, and its regulations as amended. The Vendor/contractor shall supply a Workplace Safety Insurance Board Clearance Certificate before commencing work, and one after work is completed.

n) Shall, where work is performed on City property or on behalf of the City, comply with the Occupational Health and Safety Act and its regulations, as amended, and applicable Industry Standards for the work and shall be responsible for and take every precaution reasonable in the circumstances for the protection of all workers associated with the work being performed, whether employed by the Vendor, the City or a third party. The successful Vendor shall indemnify and



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save harmless the Corporation, its officers, employees, servants and agents from any liability incurred as a result of the Vendor’s negligence or any latent or obvious violation of the Occupational Health and Safety Act.,

o) (i) Shall provide a complete list of all controlled products, hazardous materials, products containing hazardous materials, and all biological or chemical agents or devices or equipment producing or emitting a physical agent and any substance, compound, product or physical agent that is deemed to be, or contains, a designated substance as defined under the Act and the Regulations, which will be supplied or used in the work, before commencing. The Vendor/contractor shall provide appropriate information and Material Safety Data Sheets, where required, with the shipment (ii) Shall ensure that contractors, sub-contractors and all of their employees are trained in W.H.M.I.S.

24.0. INDEMNITY

The Vendor shall comply with all statutes and regulations of Canada and Ontario. Without the limitation of the foregoing, the Corporation relies upon the skill and judgment of the Vendor and the Vendor covenants and agrees that having acquired full knowledge of the use, function, purpose and application of the goods to be supplied, hereunder it shall include in its price for and forthwith advise the Corporation of any alterations which may be necessary to ensure that the goods are fit for the said use, function, purpose and application contemplated. The Vendor further covenants and agrees to indemnify and save harmless the Corporation from any and all claims, loss or damages (including special and consequential damages and damages for loss of use) arising directly or indirectly from any breach of the terms of this purchase order or any contract following thereupon and from any claims, loss or damage of whatsoever nature and kind for injury to persons and the destruction of, or damage to, property arising directly or indirectly from the construction, installation and supply of goods to be furnished hereunder or from anything undertaken or done in fulfilling the provisions of this purchase order or any contract following thereupon.

25.0. VENDOR PROFILE A Vendor must be prepared, if requested, to present evidence of experience,

ability, service facilities and financial status necessary to satisfactorily meet the requirements set forth or implied in the Tender, Proposal or Quotation Request. With this concern the City may request a credit report and/or a current bank history report for the company, or person, submitting a bid.

26.0. WARRANTY



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The manufacturer’s warranty shall be clearly stated and the manufacturer’s

specifications shall be submitted with Tenders, Proposals and Quotations.

27.0. CONSTRUCTION LIEN ACT

27.1. The successful Vendor shall comply with the provisions of the Construction Lien Act, as may be amended, and supply any proof of compliance with the Act as required by the Corporation. The Vendor shall fully relieve and indemnify the City from any and all liability or expenses in respect to any claim, e.g. a lien, liability, etc. The City shall not in any case be liable to any greater extent than the amount owing by it to the Vendor pursuant to the contract.

27.2. Holdback Improvements to City lands or buildings valued at more than $10,000. will have a 10%* payment hold back in effect for 45 days. This will be released upon confirmation that no liens related to the work have been registered against the City.

* Construction contracts may have an additional 1% or 2% holdback applicable for a warranty or maintenance period. This will be described in the specific bid invitation document. Further, we reserve the option to utilize discretion for work valued between $5,000. and $10,000. in relation to applying a 10% payment holdback for 45 days.

28.0. DELIVERIES

28.1. Deliveries to City Hall, 426 Brant Street, are to be made between the hours of 9:00 a.m. and 3:30 p.m. local time, Monday through Friday. The City Hall receiving area has a receiving dock but its bay doors restrict vehicles to a maximum height of 3.4m (11 feet).

28.2. Deliveries to the Civic Operations Centre, 3330 Harvester Road, are to be made between the hours of 8:00 a.m. and 3:00 p.m. local time, Monday through Friday. The City’s Harvester Road location does not have a shipping/receiving dock. Delivery trucks should have open sides to facilitate unloading with a forklift truck.

28.3. Deliveries to the Transit Maintenance Facility, 3332 Harvester Road are to be made between the hours of 8:00 a.m. and 10:00 p.m. local time, Monday through Friday. The Transit Maintenance location does not have a shipping/receiving dock. Delivery trucks should be equipped with tailgate lifts or the shipment should be accessible for forklift trucks.



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29.0. INVOICE REQUIREMENTS

All invoices are to be sent to the shipping address, or: The Corporation of the City of Burlington Department of Finance/Accounts Payable P.O. Box 5013, Burlington, Ontario, L7R 3Z6

All applicable taxes are to be itemized separately on invoices, i.e. P.S.T. and G.S.T.

Include the purchase order number on each invoice. (Invoices will be returned if this information is omitted.

30.0. PAYMENT TERMS

Net 30 days after receipt of invoice unless a discount for quick payment is offered. No other terms of payment will be accepted whether stated/implied without written approval. Payment may be delayed if the goods/services are not acceptable to the Corporation. Standard Terms and Conditions, 2004 Standard T & C – Nov. 3, 04



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Appendix B

Historical Financial Performance Profile

Table 1 - Number of Rounds Played (exclusive of volunteer rounds)

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

Season Tickets

13,895 13,728 9,292 7,549 8,102 9,125 8,071 6,088 7,596 6,050

Green Fees

23,071 23,508 23,763 22,820 23,786 23,181 23,193 19,133

18,066 20,059

Total 36,966 37,236 33,055 30,369 31,870 32,306 31,264 25,221 25,662 26,109

The number of rounds played at Tyandaga declined from 37,236 in 2001 to

25,221 in 2007 and saw a slight increase in both 2008 and 2009. Reduced green fee rates were piloted in 2009 and are proposed to be continued for 2010.

Table 2 - Number of Tournaments and Tournament Rounds

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

No. of Events

194 180 112 111 73 64 51 54 57 55

No. of Rounds

7710 8577 6862 7108 3261 2991 2661 2886 2736 2255

Tournament Revenue (000’s)

$462 $515 $412 $426 $196 $179 $160 $173 $164 $124

Numbers of tournaments held at Tyandaga have decreased from 194 events in 2000 to 55 events in 2009 (71%).

Tournament revenue has dropped from $462,000 in 2000 to $124,000 in 2009 (73%).

There is no designated staff to coordinate tournaments (i.e. Tournament Coordinator).

Average number of players per event ranges between 40 and 60. Clubhouse dining room is too small to comfortably host larger events which affect ability to increase revenues and to meet existing and future client needs.



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Table 3 - Tyandaga Membership Profile (Season Ticket Holders)*

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

Total Members

296 298 175 149 166 174 160 126 116 121

Adult Members

37 45 31 30 31 32 28 24 21 1

% of total

12.5% 15.1% 17.7% 20.1% 18.7% 18.3% 17.5% 19.0% 18.1% 0.8%

Senior Members

79 72 83 77 94 111 116 91 83 54

% of total

26.7% 24.2% 47.4% 51.7% 56.6% 63.1% 72.5% 72.2% 71.6% 44.6%

Junior Members

150 159 39 23 22 14 4 1 1 56

% of total

50.7% 53.5% 22.3% 15.4% 13.3% 8.0% 2.5% 0.8% 0.9% 46.3%

* Couples, Weekday and Student pass holders account for the remaining number of

members.

In 2009 seniors represented 44.6% of all memberships sold (54 of 121). In 2000 seniors represented 26.7% of all memberships sold (79 of 296).

2009 saw the revitalization of the Junior Program with an increase to 56 members. This increase can be attributed to the reduction of junior membership fees.

Adult memberships accounted for less than 1% of all memberships sold in 2009. Tyandaga lost adult members to competitor that offered special membership drive.

Table 4 -Tyandaga Green Fee History – Posted Green Fee Rates

Posted Green Fee Rates

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009* pilot

Monday – Thursday

$32.71 $33.64 $35.51 $36.92 $37.39 $39.25 $41.10 $42.00 $43.40 $42.86

Friday - Sunday

$37.38 $39.25

$42.06

$43.92

$44.86 $46.26 $47.66 $48.59 $50.94 $42.86

In 2009, Tyandaga implemented a 7-day green fee rate of $45.00 (Open –Noon) and $35.00 (Noon – 4pm). The same pricing strategy is proposed for 2010 and will include the Harmonized Sales Tax (HST).



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Table 5 -Green Fee Analysis – Net Rate per Round* (18-holes)

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

Season Ticket

$16.06 $17.87 $17.84 $19.81 $22.26 $21.65 $23.05 $26.57 $21.66 $18.65

Green Fee

$30.33 $31.89 $31.05 $30.40 $30.58 $30.23 $26.80 $35.01 $36.83 $36.18

The 2009 net rate per round for season ticket holders and green fee customers was $18.65 and $36.18 respectively. For season ticket holders this represents a 58.6% discount off regular 7-day green fee rates of $45. For regular green fee patrons this represents a 19.6% discount off regular 7-day green fee rates of $45. The latter discount rate is consistent with industry averages which average 25% off regular posted green fee rates.

* Net rate per round calculated by dividing total season ticket and green fee revenues by number of rounds played in each category. The net rate per round for each category is compared to regular posted green fee rates. For example, in 2009 regular green fee rates were $45 Monday through Sunday.

Table 6 - Food and Beverage Operations - Revenues from Concession and Liquor Sales

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

Concession $151 $160 $150 $144 $144 $141 $127 $128 $123 $114

Liquor $98 $108 $109 $110 $121 $128 $113 $137 $124 $105

Total $249 $268 $259 $254 $265 $269 $240 $265 $247 $219

Food and Beverage (―F&B‖) operations are managed offsite by Food Services Supervisor

F&B revenues (concessions) have dropped from $160,231 in 2001 to $114,165 in 2009, a decrease of 28.7%, primarily driven by a decrease in tournaments and green fees

Golf concession after 9th hole - clubhouse serves as halfway house

One licensed food service cart is provided on the course that generates revenue



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Table 7 - Junior Golf Program

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

# of Participants

150 159 39 23 22 14 4 1 1 56

While Junior participation increased dramatically in 2009, the overall decline in junior participation is largely due to the lack of an industry standard practice facility/learning academy. The absence of other amenities such as lockers and showers are also a contributing factor.

Opportunity exists to strengthen the junior golf program by working with the RCGA and GAO and adopting their junior and golf-in-schools programs.

Table 8 - Tyandaga Financial Performance (000’s) – 2001 to 2009

2001 2002 2003 2004 2005 2006 2007 2008 2009*

Revenues $1,502 $1,391 $1,564 $1,536 $1,546 $1,393 $1,453 $1,444 $1,459

Expenses $1,411 $1,433 $1,542 $1,652 $1,574 $1,511 $1,504 $1,515 $1,454

Operating Profit/ (Loss)

$91.4 ($41.3) $21.7 ($116.6) ($27.7) ($117.9) ($50.7) ($71.3) 5.1

Reserve Fund Balance

$562 $393 $427 $325 $296 $66 $26 $27 $32

* Financial information is subject to year-end adjustments.



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Appendix C

Capital Improvements (1998-2007)

Year Description Reason

2007 Net netting #4 Address safety - abuts residential

2006 Shop drainage repair Health & Safety requirements - building renewal

2006 New cart path #1 & #10 Cart path renewal to improve drainage, decrease turf damage and improve slope

2006 Rebuild # 6 Green Address safety - abuts residential and playability

2006 New chipping green Practice feature for player development

2006 Paving Cart path #8 to #9 Cart path renewal to improve drainage, decrease turf damage and improve slope

2004 New shop water line Environmental requirement and building renewal

2003 New tee #14 Relocation of tee based on technical report - safety reasons - abuts residential

2002 Rebuild #9 tee Renewal of tee and increase area size for better turf condition and recovery

2001 New pump system Pump system renewal

2001 New pump house and wet well Requirement for new pump system

2001 New tee #6 Relocation of tee based on technical report - safety reasons - abuts residential

2000 Rebuild # 18 tee Relocation of tee based on technical report for safety reasons - abuts residential

1998 Enlarge # 8 tee and removal traps #4

Removal of traps to address safety - abuts residential and tee renewal to improve turf condition and flower beds

1998 Clubhouse irrigation system Replacement for new clubhouse to irrigation flower beds and lawn

Total Capital Improvements $ 357, 300



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Appendix D

Facilities Equipment Listing – Preventative Maintenance

Qty Component Make / Model Misc Year Estimated Lifespan

1 Condenser Lennox 12.5 Tons 1998 25 years 1 Condenser Lennox 4 Tons 1998 25 years

1 Condenser Lennox 6 Tons 1998 25 years

1 Exhaust Fans Fumex 1.5 HP 1998 25 years

1 Exhaust Fans – Kitchen Canarm .25 HP 1998 25 years

1 Exhaust Fans Broan Fractional HP 1998 25 years

1 Exhaust Fans DYUA-10 .5 HP 1998 25 years

1 Furnace Lennox Fractional HP 1998 25 years

1 Furnace Lennox Fractional HP 1998 25 years

1 Water Tank – Gas A.O. Smith 75 Gallon 1998 25 years

3 Unit Heaters Chromalox n/a 1998 20 years

The Vendor shall operate, maintain and keep the Facilities in such condition and state of repair (including repainting and redecorating at reasonable intervals and obtaining janitorial services) as would a prudent owner of a similar building in the vicinity, taking into account the age and nature of the Facilities, the standards established by the City from time to time, and any requirements or directions from the City. The Vendor shall, at its own expense, properly and diligently carry out all maintenance, repairs and replacement of the Facilities and leasehold improvements therein, thereon or used in connection therewith (whether or not any repairs or replacements are major, are of a capital nature or are exterior or interior) and, without limiting in any way the generality of the foregoing, shall maintain, repair and replace the roof and all component parts thereof including, without limitation, the waterproof membrane, exterior walls, parking areas, entrances, glass windows, plate glass, lighting fixtures and systems, plumbing fixtures and systems, heating, ventilating and air-conditioning equipment, electrical systems, water, sewer and gas connections, wiring, pipes, drains and mains attributable to the Facilities and which serve the Facilities, interior and exterior signs and all other machinery and Facilities and leasehold improvements belonging to or connected with the Facilities or any part thereof. If the Vendor, at any time, fails to make any such repairs or replacements when needed, then the City may make them or cause them to be made, and the cost thereof, together with any interest, shall be charged to and paid by the Vendor forthwith. The Vendor shall permit the City and its agents, at all reasonable times, to enter upon and view the Facilities and the state of repair thereof and make such needed repairs and replacements as the City may specify in writing.



Page 58 of 61

Appendix E

Tyandaga Golf Course - Grounds Maintenance Program MONDAY TUESDAY WEDNESDAY THURSDAY

Duties Duties Duties Duties GREENS GREENS GREENS GREENS TEES AND APRONS HOLES AND BLOCKS TEES AND APRONS HOLES AND BLOCKS FAIRWAYS ROUGH FAIRWAYS ROUGH HOLES AND BLOCKS TRIMMING AROUND TREES HOLES AND BLOCKS TRIMMING AROUND TREES AROUND GREENS & TEES TRAPS ROUGH TRAPS TRIMMING TRIMMING AROUND GREENS AND TEES CLUBHOUSE TRIM TRAPS ROLL GREENS TRIMMING TRIMMING (2 1 PEOPLE) ROLL GREENS SHOP CLEANING TRAPS ROLL GREENS SHOP CLEANING SHOP CLEANING SHOP CLEANING

Total Hours and Staff to complete Total Hours and Staff to complete Total Hours and Staff to complete Total Hours and Staff to complete

58 HRS 58 HRS 70 HRS 67 HRS

8 Staff / Volunteers 8 Staff / Volunteers 10 Staff / Volunteers 9 Staff / Volunteers

FRIDAY SATURDAY SUNDAY Additional Duties Assigned

Duties Duties Duties Duties GREENS GREENS GREENS IRRIGATION REPAIR TEES AND APRONS HOLES AND BLOCKS HOLES AND BLOCKS CART PATH MAINTENANCE FAIRWAYS TRAPS TRAPS NIGHT WATERING HOLES AND BLOCKS ROLL GREENS SHOP CLEANING SPRAYING ROUGH SHOP CLEANING FERTILIZING AROUND GREENS & TEES TOPDRESSING TRIMMING OVERSEEDING TRAPS AERATION SHOP CLEANING TREE MAINTENANCE

Total Hours and Staff to complete Total Hours and Staff to complete Total Hours and Staff to complete STRUCTUAL MAINTENANCE

70 HRS 28 HRS 24 HRS SPRING & FALL CLEAN-UP 10 Staff / Volunteers 5 Staff / Volunteers 5 Staff / Volunteers POND & CREEK MAINT.

BUNKER EDGING MAINT.

SUMMARY FLOWER BEDS

Summer work -375 h/wk X 17 weeks = 6375 Hours SPECIAL PROJECTS

Spring work - 120 hrs/wk X 6 weeks = 720 Hours Total Hours to complete / week

Fall work - 120 hr weekday X 17 weeks = 1560 Hours 375 HRS

Fall weekends -32 hrs/weekend X 6 weekends = 192 Hours

Total Routine Work = 8850 (approx) = 8847 Hours



Page 59 of 61

Appendix F – Portable Equipment - List 1

Here is a detailed list of equipment that the Golf course currently owns:

ID Description Life Exp.

2519-09 2009 Tur-Turf Riding Greens Roller 12

2515-09 2009 Jacobsen Fairway Mower LF3400 8

2514-09 2009 Jacobsen Fairway Mower LF3400 8

2502-09 2009 E-Z-GO ST SPORT II G 7

2523-08 2008 Ventrac 4200 Tractor 5

2543-08 2008 Stihl Trimmer 5

2505-08 2008 Cushman Truckster 10

2552-08 2008 Bannerman Simple Dimple 15

2512-07 2007 Toro Greensmower 3250-D 10




2547-07 2007 Remax Hand Power Edger 5

2532-07 2007 Kubota L4630gstc 4wd Tractor 15

2540-07 2007 Hover Mower 5

2509-07 2007 Electric Turf Vehicle 7

2527-06 2006 Toro Procore 648 15

2510-06 2006 Toro 1000 Walkbehind Greensmower 10

2520-06 2006 Smithco Super Star 10

2508-06 2006 John Deere Turf Gator 7


2560-06 2006 JDJ single axle trailer 6'x 12' 22

2504-06 2006 Cushman Truckster 10

2525-06 2006 Aerway AWGHP60 15

2535-05 2005 Vicon Pendulum Spreader 15

2522-05 2005 Ventrac 4200 5

2521-05 2005 Kubota Zero Turn Mower 10

2554-05 2005 3" Trash Pump 20

2513-04 2004 Toro 3250 Greensmower 10

2546-04 2004 Stihl Backpack Blower 7


2503-04 2004 Cushman Spraytek 10

2516-03 2003 Toro 1000 Walk Behind Greensmower 5


2524-03 2003 Lastec 721-X Rotary Mower 10

2523-02 2002 Jacobsen Tri-King 1900-D 7



Page 60 of 61

Appendix F - Portable Equipment – List 1 Continued

2511-01 2001 Toro 3250-D greensmower 10

2550-00 2000 Stihl Chainsaw 21" Bar 10

2501-00 2000 GMC Sierra 1/2 ton p/u 10

2559-98 1998 J & J Scissor Lift Dump Trailer 15

2529-98 1998 Cushman GA60 Aerifier 15

2556-97 1997 Turfco Mete-r-matic III Topdresser 15

2558-97 1997 Greensgoomer Topdressing Brush 10

2530-96 1996 Kubota L4200GSTC 4WD Tractor 15

2534-95 1995 Cushman Towed Leaf Vacuum 15

2533-94 1994 Toro 44520 blower attachment 15

2551-94 1994 Ryan Jr. Sod Cutter, 18" 15

2553-94 1994 Homelite Generator EH2500HDC 9

2526-93 1993 Toro Hydroject 3000 High press. water aerif. 15

2546-93 1993 Stihl Leaf Blower Backpack 7

2552-93 1993 Ryan Mataway Overseeder 15

2528-93 1993 Ryan GA30 Aerifier 15

2531-92 1992 John Deere 1070/L80 Tractor/Loader 15

2557-92 1992 Cushman Core Harvester 15

2549-90 1990 Stihl Chainsaw 16" Bar 10

2537-86 1986 Landpride Gill, 3pt Hich Type 15

2536-85 1985 Danuser Digger Post hole Auger 16

2538-85 1985 Blade, 3pt Hitch Type, 6 feet 17

2541-80 1980 Powerfab Mirco Digger Backhoe 25

2539-80 1980 I.H. Lift forks Attachment 21



Page 61 of 61

Appendix G - Portable Equipment - List 2 (Kitchen Equipment

Inventory)

Note: All equipment is in good working condition and well maintained

Make Description Quantity Leased

Owned Estimated Date of

Purchase

Estimated

Life Expectanc

y

Garland double Oven 2 Convect.

x 1990 20 years

Microwave 1 x 2003 5 years

Garland Flat top Stove and oven

1 x 1990 20 years

Garland Grill 1 x 1990 20 years

Charbroiler 1 x 1990 15 years

Garland Fryer 1 x 1984 10 years

MKE Fryer 1 x 1984 10 years

South Bend Strato Stream

Steamer x 2008 25 years

Fans Range Hood 1 x 1999 5 years

Overhead 1 x 1999 5 years

True Refrigerator sandwich table

Commercial 1 x 1990 15 years

Refrigerator Walk-in 1 x 1999 20 years

Freezer Residential 3 x 2000 3 years

Flagro Silver Giant Barbeque (180,000 BTU)

Commercial 1 x 2007 -

Ice maker 1 x 2005 30 years

Dish Washer 1 x - -

Prep Table 2 short order prep tables

x - -

Documents

PR 8-10 APPENDIX B Request for Proposal #RFP-10-02 Title ... · PR – 8-10 APPENDIX B Request for Proposal #RFP-10-02 Title: Lease of the Entire Tyandaga 18-hole golf course, which