HomeMy WebLinkAboutA - 25-12-RFP Sebastian Municipal Golf Course Maintenance
REQUEST FOR PROPOSAL
25-12-RFP
SEBASTIAN MUNICIPAL GOLF COURSE MAINTENANCE
Contact Person
Jessica Graham, CPPB
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: jessgraham@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify Proposers of all changes.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE: Thursday, February 27, 2025 -
PRE-PROPOSAL MEETING Tuesday, March 12, 2025 10:00 AM Local Time
QUESTION DEADLINE Monday, March 17, 2025 2:00 PM Local Time
PROPOSAL DUE DATE Thursday, March 27, 2025 2:00 PM Local Time
EVALUATION MEETING Thursday, April 3, 2025 TBD
RECOMMENDATION OF
AWARD Wednesday, April 23, 2025 6:00 PM Local Time
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REQUEST FOR PROPOSAL
1.1 PURPOSE
1.1.1 The following General Scope of Work will be an overall outline for agronomic,
horticultural, and maintenance practices for the Sebastian Municipal Golf Course
(SMGC). The General Scope of Work lists the overall requirements sought by the
City in order to ensure that SMGC’s greens, tees, fairway/roughs, sand bunkers,
driving range and bodies of water are managed at or above satisfactory levels for
the recreating public. Also included are the landscape maintenance procedures for
the golf course, clubhouse and all other structures throughout the golf course
property. Adjustments in maintenance procedures can occasionally be expected due
to changes in climatic conditions and golf course traffic.
1.1.2 Total SMGC acreage is approximately 180 acres, putting green acreage is
approximately 4 acres, tee acreage is approximately 5 acres, fairway acreage is
approximately 35 acres, rough acreage is approximately 60 acres, sand bunker
acreage is approximately 5 acres and linear feet of lakes and ponds is approximately
10,000 linear feet.
1.1.3 All solicitations are posted on VendorLink (https://www.myvendorlink.com/). It is
the sole responsibility of interested parties to monitor VendorLink for solicitation
opportunities and updates.
1.2 ELECTRONIC PROPOSAL SECURITY
Electronic proposal security shall be submitted by the proposer and made payable to the
City of Sebastian in an amount of not less than five percent (5%) of the total proposal
price. A contractor may file an alternative form of security in cash, a money order, a
certified check, a cashier’s check, or a domestic corporate bond, note, or debenture as
authorized in s. 625.317. The electronic proposal security shall be issued by a company with
a registered agent in Florida. Personal or business checks are not acceptable.
1.3 PRE-PROPOSAL MEETING
A non-mandatory pre-proposal Meeting will be held on Tuesday, March 12, 2025, at 10:00
AM local time in the City of Sebastian Council Chambers, located at 1225 Main Street,
Sebastian, FL 32958.
1.4 QUESTION DEADLINE
1.4.1 The deadline to submit questions will be Monday March 17, 2025, at 2:00 PM
local time. Any questions or communication regarding this solicitation must be
emailed to the City’s Procurement/Contracts Manager at
jessgraham@cityofsebastian.org.
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1.4.2 The Proposer is responsible for checking for addenda associated with this
solicitation.
1.5 ELECTRONIC PROPOSAL SUBMITTAL
1.5.1 All proposals must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
1.5.2 Proposals are due on the date and time indicated on the cover page or as amended
by an addendum issued by procurement.
1.5.3 The Contractor is responsible for ensuring their response is submitted through
VendorLink by the time and date specified in the solicitation or subsequent
addenda. The City shall not be responsible for delays caused by any occurrence.
1.5.4 Electronic submissions may require the uploading of attachments. All documents
should be attached as separate files. Attachments containing embedded documents
or proprietary file extensions are prohibited. The proposer is responsible for
ensuring that its proposal, including all attachments, is uploaded successfully.
1.5.5 Late proposals cannot be submitted and will not be accepted. Proposers are
cautioned to allow sufficient time to submit proposals and upload attachments. Any
technical issues must be submitted to VendorLink by emailing
support@evendorlink.com. The City cannot assist with technical issues regarding
submittals and will not be responsible for delays caused by technical or other issues.
1.6 PROPOSAL OPENING
1.6.1 All sealed proposals are due by Thursday, March 27, 2025, by 2:00 P.M. local
time.
1.6.2 The proposal opening will be held virtually. Proposals will be opened at 2:10 p.m.
local time. Only the NAME of the Company that submitted a response to this
Request for Proposal will be read aloud.
1.6.3 Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea
4df
Meeting ID: 136259113
Password: JhzXZgfvah
Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
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1.6.4 All proposals submitted to the city become public records unless exempt under
Florida or other law.
1.6.5 Late proposals will not be opened or announced. Proposers can pick up or pay
for the mailed return of their late, unopened Proposal. If this option is not
exercised within five (5) days of the Proposal Opening date, the late, unopened
Proposal will be disposed
1.6.6 At its sole discretion, the City may reject any and all proposals or accept any
proposal or portion thereof deemed to be whatever is in its best interest and to waive
any non-substantial irregularities.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Indian River Press Journal
Date Advertised: Thursday, February 27, 2025
CITY OF SEBASTIAN, FLORIDA
NOTICE TO BIDDERS
25-12-RFP
Sebastian Municipal Golf Course Maintenance
NOTICE IS HEREBY GIVEN that the City of Sebastian is accepting proposals for Sebastian
Municipal Golf Course Maintenance. The solicitation document outlining the scope of services is
available from VendorLink (https://www.myvendorlink.com/external/bids).
Proposals are due Thursday, March 27, 2025, at 2:00 pm Local Time.
A non-mandatory pre-proposal meeting will be held on Tuesday, March 12, 2025, at 10:00
am, local time, located in the City Council Chambers, City Hall, 1225 Main Street, Sebastian,
FL 32958.
Questions are due on Monday, March 17, 2025, at 2:00 pm local time. All questions shall be
directed to the Procurement/Contracts Manager, Jessica Graham, CPPB, at 772-388-8231 or by
email at jessgraham@cityofsebastian.org.
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TABLE OF CONTENTS
SECTION 1 – INSTRUCTIONS TO PROPOSERS 2
LEGAL AD 5
TABLE OF CONTENTS 6
SECTION 2 – SCOPE OF WORK 7
SECTION 3 – EVALUATION PROCEDURE 21
SECTION 4 – GENERAL TERMS AND CONDITIONS 27
SECTION 5 – REQUIRED FORMS 43
• CONTACT INFORMATION SHEET 44
• CORPORATE RESOLUTION 45
• NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER 46
• DRUG-FREE WORKPLACE PROGRAM 47
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 48
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 49
• CERTIFICATION REGARDING LOBBYING 50
• CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF
CONCERN PROHIBITED AFFIDAVIT 51
• REFERENCE LIST 52
• SUBCONTRACTOR LIST 53
• LOCAL VENDOR PREFERENCE AFFIDAVIT 54
• ADDENDA ACKNOWLEDGEMENT 55
SECTION 6 – PROPOSAL COST SHEET 56
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SECTION 2 – SCOPE OF WORK
2.1 BACKGROUND
2.1.1 Sebastian Golf Course is an 18-hole, daily-fee public golf facility owned and
operated by the City of Sebastian. It is a self-supporting enterprise fund and has
maintained that position since its inception. The specific details of the courses are
shown in the table below.
Sebastian Golf Course
Built/Open: 1981
Par: 72
Length 2,579 to 6,563 yards
Architect Charles “Chuck” Ankrom
Putting Surfaces 20 greens/approx. 4 acres
Tee Surfaces 76 tees/approx. 4 acres
Putting Surfaces 20 greens/approx. 4 acres
Range Tee approx. ½ acre
Fairways 419 Bermuda approx. 22 acres
Rough 419 Bermuda approx. 35 acres
Rough Bahia approx. 25 acres
Aquatics approx. 10,000 linear feet
Sand Bunkers approx. 4 acres
Non-play/native areas approx. 30 acres
Greens Turf Type Champion Ultra-Dwarf G-12
Tees Turf Type 419 Bermuda/Celebration Bermuda
Green Overseed None
Tees Overseed Perennial Rye
Fairway/Rough Overseed None
Range Tee Overseed Perennial Rye
Irrigation System
Toro Links Software w/ VP Satellites (19qty)
Pump Station: Pump Station: Hoover, 2-60HP Vertical Turbines, 1-
20HP Jockey
Irrigation Source Artesian well
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2.2 CONTRACTOR RESPONSIBILITIES
2.2.1 The contractor shall be responsible for:
A. Assuming the cost for total payroll, benefits, and uniforms for all
maintenance employees.
B. An annual fertilizer program for tees, greens, fairways, and rough as further
outlined in the Turf and Grounds Maintenance Guidelines.
C. An annual chemical program to include pre and post emergent programs for
nuisance weeds and other damaging pests as further outlined in the Turf and
Grounds Maintenance Guidelines.
D. Preventative maintenance and repairs of all contractor-owned golf course
maintenance equipment on site, including reel and bed knife grinding and
sharpening.
E. Preventative maintenance and repairs on the entire irrigation system
downstream of the main irrigation station.
F. All maintenance activities must be coordinated with the City Representative
G. Bi-annual soil analysis to help determine fertilizer programs. Soil analysis
must be conducted by a recognized laboratory or University.
H. Sand for top dressing mix when needed and must provide an adequate
amount of divot (dyed green) sand for golf cart sand boxes and par three
sand boxes. As mentioned under “Sand Bunkers”, must also provide 144
tons of bunker sand annually.
I. Compliance with all St. Johns River Water Management District rules and
regulations, with special emphasis on consumptive use permits and monthly
reports. Cost of maintaining C.U.P. is the City’s responsibility.
J. Compliance with all rules and regulations of debt covenants.
K. Fuels and lubricants for all turf grass maintenance vehicles and equipment
and compliance with all laws, rules and regulations for storage, use and
disposal.
L. Weekly meetings with Director of Golf (or more frequently at the request
of the Director of Golf). Monthly meetings, as requested, with the City
Manager and Director of Golf.
M. Trash removal at maintenance facility for domestic trash.
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N. Responsibility for any fines, penalties, etc. from any state, federal or local
agencies for non-compliance with laws, rules or regulations.
O. Bi-monthly safety and general meetings with maintenance staff (attended
by Director of Golf at discretion).
2.3 DETAILED TURF AND GROUNDS MAINTENANCE GUIDELINES
2.3.1 Turf and Ground Maintenance Guidelines provides additional detail and
information on performance objectives required by the Contractor.
2.3.2 Putting Greens Maintenance Requirements (On course and all practice greens)
A. Mowing: Year-round, greens must be mowed daily with a height of cut
ranging from .110” to .189” depending on weather and traffic. Triplex
mowers must be used for mowing and green perimeters must be mowed
(“clean-up lap”) every other day. All grass clippings must be removed. Of
greens are not mowed for a weather reason, rolling must be accomplished.
B. Hole Locations: Must be changed every day of the year, with a consistent
hole location schedule that will allow for adequate plug healing and spread
common putting traffic consistently throughout the entire putting green.
C. Ball marks, divots and any other damaged turf areas on all putting greens
must be repaired daily.
D. Core aerification of all greens must be performed a minimum of two (2)
times persummer. While environmental conditions can change this
requirement, normally, aerification holes must be two (2) inches from center
and a depth of no less than four (4) inches. Core aerification must also be
accomplished anytime throughout the year, depending on numerous
environment factors. Core aerification during peak periods must be with a
small, solid tine. All core aerification dates and times must be approved by
the Director of Golf.
E. Topdressing: All greens must be topdressed monthly at a rate of 0.6 to 1.0
cubic yards of material per 1,000 square feet. All greens must be properly
topdressed after all aerifications.
F. Vertical Mowing: Light vertical mowing must be performed monthly
throughout the year to control thatch build-up and reduce grain. From May
through October, if vertical mowing is required more than once a month,
the Director of Golf can request this to be accomplished.
G. Spiking: All greens must be spiked as needed between aerifications to
maintain proper surface consistency.
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H. Fertilization: Analysis and quantity must be based on the results of bi-
annual spring and fall soil and tissue samples. Only fertilizer specifically
formulated for putting green surfaces must be applied. All fertilizers will be
applied at rates that will not allow nitrogen loss due to leaching or runoff.
Approximately 12 to 18 pounds of nitrogen per 1,000 square feet of turf
must be used. High traffic areas must receive additional fertilizations,
depending on wear.
I. Fungicide: Appropriate fungicide applications must be immediately
applied when weather conditions favor the development of a fungal
infestation. Curative applications of fungicides must be used if needed.
J. Pre-Emergent Chemicals: Must be used in appropriate amounts and
appropriate times to prevent the intrusion of weeds considered difficult to
eradicate or control. Examples of such weeds would include goosegrass in
the summer and poa annua in the winter.
K. Weed Control: All greens must be maintained free of weeds to the extent
that is currently possible with modern cultural practices.
L. Insecticide: All greens must be treated as required to control insect activity
and prevent damage to the turf.
M. Overseeding: Currently, overseeding greens will not be requested.
However, in lieu of overseeding, throughout the winter, turf practices must
be accomplished that will maintain the color and overall quality of putting
green turf. These practices would include appropriate fertilizer applications,
with emphasis on sulfate.
2.3.3 Putting Greens Maintenance Requirements (On course and all practice greens)
A. Mowing: All tees must be mowed with a triplex to a height ranging from
.300” to .600”, no less than three (3) times per week. All grass clippings
must be removed.
B. Top Dressing: All tees must have daily divot repair and filling, to help
maintain a smooth surface. Top dressing tees will be at the sole discretion
of the Director of Golf.
C. Set-up: Tee markers on all five (5) sets of tees must be moved daily, litter
containers must be emptied daily, ball washers must be filled at least once
per week and new towels must be added at least once per month or when
needed.
D. Ball washers must also be painted when needed and minor painting or
“touching-up” of granite tee signs must be accomplished at the request of
the Director of Golf.
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E. Weed Control: Tees must be kept weed-free to the extent it is currently
possible with modem cultural practices.
F. Insect Control: All tees must be treated as required to control insect activity
and prevent damage to the turf.
G. Vertical Mowing: All tees must be vertically mowed a minimum of six (6)
times per year.
H. Aerification: All tees must be core aerified a minimum of three (3) times
between the months of May through October.
I. Fertilization: All tees must be fertilized with at least ten (10) pounds of
nitrogen per 1000 square feet based on bi-annual spring and fall chemical
soil analysis results to determine specific fertilizer requirements. Shaded,
par 3 and other high-traffic tee areas must be placed on a supplemental
program to ensure proper vigor.
J. Overseeding: All tees must be overseeded each fall with a perennial
ryegrass at an appropriate rate. High traffic tees, including the driving range
tee and par 3 tees, must have at least one more applications of ryegrass seed
throughout the winter
2.3.4 Fairways and Roughs (including all areas of play except greens, tee, and natural
growth areas)
A. Mowing: All fairways must be mowed a minimum of three (3) times per
week between .400” to .600” during the growing season. All roughs must
be mowed continuously or up to one (1) time per week and bunker faces
(also cut to rough height) must be mowed weekly on a year-round bases.
Mowing height for rough will be determined by the Director of Golf. On an
as-needed basis or at the request of the Director of Golf, fairways must have
loose grass and divots blown off when weather conditions allow. Any
considerable accumulation of grass clippings must be removed from the
fairways, via dragging or blowing.
B. Aerification: All fairways and roughs must be core aerified a minimum of
two (2) times per summer. Aerification holes must not exceed a spacing of
four (4) inches on center or be of a diameter of less than 5/8”, with a
minimum depth of three (3) inches. For areas throughout the golf course
where there is heavy traffic and where traffic patterns are very concentrated,
such as entrance and exit points of cart paths, supplemental core
aerifications must be conducted at the discretion of the Director of Golf.
Like all core aerifications, dates and scheduling must be approved by the
Director of Golf.
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C. Fertilization: all fairways and roughs must be fertilized with at least 2
applications based upon soil analysis results (spring and fall). Fairways
must be fertilized with 8 to 10 pounds of nitrogen per 1,000 square feet
based on soil tests. Roughs must be fertilized with 5 to 7 pounds of nitrogen
per 1,000 square feet based on soil tests.
D. Weed Control: Fairways must be kept weed-free to an extent of 98% of the
area by proper application of approved herbicides. Roughs must be kept
weed-free to an extent of at least 92% of the area by the proper use of
approved herbicides. Pre-emergent herbicides must be applied three (3)
times each year in the fairways and roughs.
E. Insect Control: All fairways and roughs must be treated as needed to control
insect activity and prevent damage to the turf.
F. Vertical Mowing: All fairways and Bermuda roughs must be vertically
mowed at least one (1) time per summer season.
2.3.5 Landscape Areas - (all areas within the perimeter of operations and SMGC property
with ornamental plants, not intended for golf play and having a definable border.)
A. Clean-Up: The golf course areas (including all golf course grounds, parking
facility, and all areas around structures) must be policed and maintained free
of trash and debris, such as paper, drinking cans, and bottles, on a daily
basis. Maintenance staff must use a blower in numerous customer areas
around the clubhouse, including all sidewalk areas around the clubhouse,
bag drop, and the area around the starter’s station.
B. Weed Control: All plant beds and tree rings must be maintained free of
weeds or grass to the extent it is possible with either mechanical or chemical
means. All plant beds must have an adequate layer of mulch, stones or other
material to help prevent the growth of weeds, retain moisture and for
aesthetic purposes.
C. Trimming – Plant material (shrubbery and ground covering) shall be
trimmed as necessary for protection from wind, insect damage and for
appearance. All Trees that come in contact with golf carts in the normal
course of play shall be trimmed as necessary.
D. Flower Beds - annual flower beds must be planted with appropriate plant
material to provide a vibrant color display at the clubhouse entrance and in
containers near and around the clubhouse, cart bam and starters station.
Flower Beds and other areas specified by the Director of Golf must also
contain mulch of the SMGC choosing.
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2.3.6 Irrigation
A. Contractor must be extremely familiar with all phases of irrigation
operations, with emphasis on the Toro Links Software and the Hoover
Irrigation Flowguard centrifugal system. Total number of irrigation heads
on SMGC property is approximately 930.
B. Repair or replace all heads, valves, controllers, wiring, and pipes
downstream of the pressure-regulating devices as needed to maintain the
proper operation of the entire golf course irrigation system (including
greens, tees, fairways, planters, flower beds, etc.) on an ongoing basis.
C. The irrigation pumps shall be serviced and maintained by a qualified
technician on a regular basis as provided in the manufacturer’s maintenance
manual, but not less than twice per year. The Contractor will provide the
City Representative a copy of service reports for its records. In the event
replacement of pumps for delivery of irrigation water becomes necessary,
such replacement will be at the expense of the City.
D. Pump Station/Irrigation Support Costs: The Contractor will be required to
continue the renewal of the Toro Irrigation Service/Support contract
annually. This cost is not part of the N.T.E. Budget in paragraph E, above.
E. Irrigation Practice
a) The contractor must follow all agency permit requirements mandated
by the St. John’s River Water Management District and all other
regulatory agencies having jurisdiction. This includes but is not limited
to the record-keeping gallonage of water discharge from the irrigation
lake to the golf course. This also includes the discharge of the County
reuse water. The Contractor will be required to provide the City
Representative a copy of all regulatory forms required with the
consumptive use permit. Contractor is also responsible for all meter
reading and record keeping to comply with the above permit.
2.3.7 Edging
A. Edging of trees, sprinklers, valve boxes, meter boxes, drainage inlets,
yardage stones, must be accomplished monthly. All cart paths must be
edged and debris (from edging of cart paths) must be removed monthly.
2.3.8 Sand Bunkers
A. Greenside sand bunkers must be mechanically raked five (5) times per
week. Fairway sand bunkers must be mechanically raked three (3) times per
week. Daily inspection of all bunkers and hand-raking obvious footprints
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left un-raked by golfers must be accomplished. At the request of the
Director of Golf, all sand bunkers must be raked for any special events. All
bunkers must be edged at least twelve (12) times per year by mechanical
means. Bunker sand must be maintained at a consistent depth. While SMGC
will provide bunker sand when budgeting permits, the Contractor will be
expected to provide a minimum of 144 tons (6 - 24-ton truckloads) per year.
2.3.9 Trash Removal
A. Domestic trash removal is at the expense of the City. Items such as grass
clippings, tree limbs, and other organic debris must be deposited throughout
the golf course property at designated inconspicuous areas or as requested
by the Director of Golf.
2.3.10 Drainage
A. Normal maintenance of the existing drainage system is expected from the
Contractor. This must include cleaning out any clogged drainage pipes and
maintaining canals in order for water to move freely.
2.3.11 Lakes
A. Grass up to the water’s edge of lakes and ponds must be maintained, mowed
and 92% weed-free. Aquatic maintenance must be accomplished at the
expense of the Contractor.
2.3.12 Utilities
A. The Contractor will pay for utilities such as water, phone and electric to run
the maintenance facility. Contractor will be responsible for any or all FPL
costs occurring from the operation of the irrigation pumps.
2.3.13 Golf Course Supplies
The contractor shall be responsible for:
A. Replacement of all flags, flag sticks, and aluminum cups as needed for a
maximum of two (2) change-outs per year. SMGC will be responsible for
covering costs associated with replacing flags, flag sticks, ball washers, and
tee markers due to acts of vandalism and/or theft.
B. Provide tee markers and tee (ball washer) towels. Towels must be replaced
at least monthly, and water in ball washers must be checked, added, or
replaced weekly.
C. Reasonable repairs and painting to ball washers, tee markers, and water
cooler (not electric).
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D. Providing at least six (6) cases (12-17 oz. cans per case) of marking paint
per one (1) year period. The Director of Golf will be responsible for
applying marking paint to the turf for golf tournaments. The contractor must
provide, maintain, paint, and (at the Director of Golf's request) move or
relocate all out-of-bounds and hazard stakes.
2.3.14 Staffing
A. Contractor must provide enough full-time staffing to accomplish the
General Scope of Work that meets the approval of City Officials. The
contractor must have a designated Head Golf Course Superintendent on site
full-time.
B. The Head Golf Course Superintendent must be an official member of the
Golf Course Superintendents Association of America and must have
appropriate licensing/certification in all areas relative to golf course
maintenance.
C. The Golf Course Superintendent must have a cellular phone to respond to
the Director of Golf at any time immediately.
D. Strict discipline and good order among employees must be enforced, and
the employment of unfit persons not skilled in tasks assigned regarding golf
course maintenance must not be permitted.
E. The Head Superintendent or Assistant Superintendent must always be on
the property during regular working hours.
F. The City reserves the right to perform the final interview of the
Superintendent prior to hire.
G. All employees must be adequately uniformed while at the golf course. Such
uniforms shall identify employees as the Contractor's employees and
include the company name and identification on the uniform.
H. The Contractor must follow all regulatory personnel laws prescribed by the
appropriate governing agency.
2.3.15 Equipment
A. The Contractor will be required to provide ALL maintenance equipment to
fulfill the terms of the agreement and perform the maintenance obligations
outlined in this RFP. All golf course maintenance equipment shall be
operated under the guidelines and requirements of the manufacturer’s
owner’s manual, and the operators will be thoroughly briefed and trained to
comply with this instruction.
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2.3.16 Protection of Persons and Property
A. While performing services for the City of Sebastian, the awarded contractor
shall be responsible for any damage to the City of Sebastian property,
personal property or visitor property due to any type of negligence on the
part of the awarded contractor, their employees or other agents. The
contractor must show reasonable attempt to avoid damage to City or private
property under all conditions. The awarded contractor agrees to repair or
replace, at its own expense, any damage that was caused by the awarded
contractor, their employees or their agents. The contractor must not drive or
park equipment on grass, sidewalks, or patios, etc. If concerns are raised
about excessively wet conditions on grassy areas, the contractor must
contact the project manager for recommendations or workarounds prior to
commencing the work. Any damages, including damage to finished
surfaces and spilled liquids, resulting from the performance of the
Agreement shall be repaired and/or cleaned to the satisfaction of the project
manager. Any public or private property damaged by the contractor or a
representative during the services shall be repaired or replaced to the
satisfaction of the project manager at no cost to the City. The project shall
not be considered complete until incurred damages, if any, have been
repaired and the worksite is cleaned to the satisfaction of the project
manager.
2.3.17 Removal of Debris
A. Contractor shall at all times, during the performance of services, keep the
worksite free and clear of all rubbish and debris. Any material or waste
generated by contractor or its employees, agents and Subcontractors shall
be removed and disposed of by the contractor at its expense, to the
satisfaction of the City. The contractor assumes all liability for accidents
that may occur due to any debris, equipment, tools, and worksite hazards.
2.4 THE CITY OF SEBASTIAN’S (SMGC) RESPONSIBILITIES
The following outlines the responsibilities the City of Sebastian will assume during the
SMGC Grounds Maintenance Contract.
A. Provide a storage facility with an employee break room, office, restroom,
mechanic area, and storage area.
B. Provide a separate chemical room, concurrent with all applicable laws
regarding storage of such chemicals.
C. Provide fuel tank for regular fuel and diesel fuel.
D. Provide county (drinking) water and sewer.
E. Electrical service.
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F. Repair parts for the irrigation system.
G. Office computer for use for irrigation programming.
H. Adequate parking spaces designated for contract maintenance employees.
I. Cost of maintaining Consumptive Use Permit.
J. Communication and Power Supply for irrigation system.
K. Dumpster and Trash pick-up service
L. Specialized equipment costs for irrigation system.
M. City to maintain Drainage/Stormwater system.
2.5 CONTRACT LENGTH
2.5.1 The proposed effective date of this contract is September 1, 2025. The initial
contract period will be 5 years (ending September 30, 2030), with one (1) additional
five-year renewals available, dependent on vendor performance and determination
that renewal is in the City’s best interest. Renewal will depend upon the successful
negotiation of agreeable terms beginning at least 120 days before the current term's
expiration. If negotiations are unsuccessful, the City will notify the contractor in
writing of non-renewal at least 90 days before the expiration date.
2.6 CONTRACT PAYMENT
2.6.1 Upon executing the agreement, the City will pay the Contractor the agreed annual
price in twelve equal monthly payments. Payments will be made on or before the
1st Friday of each month until the termination of the agreement.
2.7 BUDGET AND STAFFING
2.7.1 The Contractor must submit the proposal pricing form with a line-item budget for
five (5) separate years. The total submittal considered will be the five (5) year total.
It must also include a staff organization chart consistent with the positions listed.
2.8 CONTRACTOR MINIMUM QUALIFICATIONS
2.8.1 Contractor must currently perform golf course maintenance on at least five (5)
different eighteen (18) hole United States Golf Association-rated golf courses
throughout the Southeastern US.
2.8.2 Contractor’s staff must possess a Restricted Use Pesticide License in the
Ornamental and Turf Category.
2.8.3 Contractor must comply with SARA title requirements for all employees.
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2.8.4 No contract will be awarded to any proposer who, as determined by the CITY, has
an unsatisfactory performance record, inadequate experience, lack of organization,
labor, and equipment to perform the required services, and is in arrears to the CITY
on a debt or contract or is a defaulter on surety to the CITY or whether the
proposer’s taxes or assessments are delinquent. The City has the right to disqualify
any proposer who does not meet any or all qualifications necessary as determined
by the City.
2.8.5 If the proposer’s business is located in Sebastian, FL, or Indian River County, they
must provide a copy of their business tax receipt.
2.9 PERFORMANCE BOND
1.1.1. Before the contract execution, the Contractor will furnish a Performance Bond in
the amount of 10% of the first-year contract price. The bond must be renewed on
or before October 1 of each subsequent year of the agreement for 10% of that year’s
contract price.
1.1.2. The Bond(s) shall not contain a provision allowing the Surety(s) to can cel the
Bonds prior to the full Completion of the Contract, including the option to renew
years.
1.1.3. The bond (s) shall be provided by a surety company authorized to do business in
the state of Florida, and approved by the city manager and city attorney. In lieu of
a bond(s) the contractor may furnish as security in favor of the City a certified
check, a cashier’s check or an irrevocable letter of credit.
1.1.4. The check or letter of credit shall be drawn on or issued by a bank authorized to do
business in the state of Florida. The form of the check or letter or credit must be
approved by the city manager and city attorney.
1.1.5. Attorneys-in-fact who sign bonds must file with each bond a certified and effective
dated copy of their power of attorney. Surety companies executing bonds must
appear on the Treasury Department’s most current list (Circular 570 as amended),
and be authorized to transact business in the state of Florida.
2.10 INSURANCE
2.10.1 The City of Sebastian is to be included as an additional insured on all insurance
certificates (except Worker's Compensation). Waiver of Subrogation is required for
Commercial General Liability and Automobile Liability. A renewal certificate shall
be issued thirty (30) days before said expiration date. The certificate shall provide
a thirty (30) day notification clause in the event of cancellation or modification to
the policy.
2.10.2 Before starting and until acceptance of the work by the City, Awarded Contractor
shall, as a minimum mandatory condition precedent to this work, procure and
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maintain insurance of the types and to the limits specified below, at their own
expense and without cost to the City, until final acceptance by the City of all
products or services covered by the purchase order or contract.
2.10.3 The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
2.10.4 Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide Commercial
General Liability insurance. This shall include premises/operations,
personal & advertising injury, products, completed operations, contractual
liability, specifically confirming and ensuring the indemnification and hold
harmless clause of the contract. This insurance policy shall be considered
primary to and not contributing to any insurance the City maintains. It shall
name the City as an additional insured with a waiver of subrogation noted
on the Certificate of Liability. The policy of insurance shall be written on
an “occurrence” form.
The contractor shall obtain insurance which shall at least meet the following
minimum limits:
a) Per Occurrence: $1,000,000
b) General Aggregate: $2,000,000
B. Business Automobile: The contractor shall provide Business Coverage
Automobile Insurance, which shall protect the contractor from claims for
damage for personal injury, bodily injury including accidental death, as well
as claims for property damages which may arise from operations under this
contract whether such operations are by himself or by anyone directly or
indirectly employed by him. Coverage shall include owned, non-owned,
hired and rented vehicles.
The contractor shall obtain insurance which shall at least meet the following
minimum limits:
a) Bodily Injury and Property Damage:
• Combined Single Limit (each Accident): $1,000,000.00
C. Workers' Compensation: The contractor shall provide and maintain
workers’ compensation insurance for all employees in the full amount
required by statute and full compliance with the applicable laws of the State
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of Florida (Florida Statutes Chapter 440). Exemption certificates to this
requirement are not acceptable.
The Contractor shall obtain insurance which shall at least meet the
following minimum limits:
a) State Worker’s Compensation: Statutory
b) Employer’s Liability: $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
D. Umbrella/ Excess Liability: The contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of Commercial
General Liability, Automobile Liability and Employers Liability. *This
coverage is optional if the contractor has a $2,000,000 General Aggregate
under the Commercial General Liability Policy. **
2.10.5 An endorsement to the Commercial General Liability or Automobile Liability
policy, covering the Contractor’s or subcontractor’s liability for bodily injury,
property damage, and environmental damage resulting from sudden accidental and
gradual pollution and related clean-up cost incurred by the Contractor that arise
from the Goods delivered or Services (including transportation risk) performed by
Contractor under this Contract is also acceptable.
2.10.6 The Contractor shall declare any self-insured retention or deductible over $5,000
for any policy. The City reserves the right to reject any self-insured retention or
deductible over $5,000.
2.10.7 All insurance carriers shall be rated (A) or better by the most recently published
A.M. Best Rating Guide. Unless otherwise specified, the contractor shall be
responsible for ensuring that all subcontractors comply with the insurance
requirements outlined in this Agreement. The City may request a copy of the
insurance policy according to the nature of the project. The City reserves the right
to accept or reject the insurance carrier.
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SECTION 3 – EVALUATION PROCEDURE
3.1 The City intends for all responsive and responsible proposers responding to this RFP to be
ranked in accordance with the criteria established in these documents.
3.2 Proposals shall include all information solicited in this RFP. Proposers will provide their
best price and should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration since oral
presentations or demonstrations may not be solicited. Each proposer will be ranked based
on the criteria herein addressed.
3.3 The evaluation committee will not assign weights for cost. The Procurement Division will
score cost based on the criteria in 3.9. During the evaluation process and at the sole
discretion of the City, requests for clarification of one or more proposer submittals may be
conducted. The City may perform this request for clarification in a written format or
through scheduled oral interviews. Such clarification requests will allow proposers to
answer any questions the City may have about a proposer’s submittal. After written
clarification is completed, the Committee members can revise their individual scores for
the non-price factors.
3.4 An adjectival-based scoring system shall be applied to the qualification criteria throughout
the evaluation process to evaluate the written responses and the oral discussions. A score
of 0 is the least favorable, and a score of 4 is the most favorable in all sections.
3.5 Committee members will score the Proposer’s response in accordance with the following
scale:
Weighted
Value Description
0
“Non-Responsive”: No information was provided for the specific
criteria, and the proposal failed to address the requirements. No
documentation was provided.
1 “Insufficient Evidence”: The proposal is lacking or inadequate in
most basic requirements for the specific criteria
2 “Partial/Basic Evidence”: The proposal meets many basic
requirements for the specific criteria but lacks some essential aspects.
3
“Sufficient Evidence”: The proposal adequately meets the minimum
requirements of the specific criteria and is generally capable of
meeting the City’s needs.
4 “High-Level Evidence”: The proposal exceeds the minimum
requirements in most aspects of the specific criteria.
NOTE: The Committee member’s score times the “weighted value” assigned to the
sections listed below equals the total score for that section.
(EXAMPLE: Maximum score of 4 X’s weighted value of 10 = Maximum of 40 Points).
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3.6 Proposers submitting the required criteria will have their proposals evaluated by an
evaluation team and scored based on proposal criteria factors, including, but not limited to,
the ability of the professional personnel, past performance, willingness to meet time
requirements, and recent, current, and projected workloads.
3.7 Proposal Requirements
3.7.1 Pages should be sequentially numbered at the bottom of the page.
3.7.2 Proposals should be concise and provide only the information requested. Additional
data will not be considered.
3.7.3 The Proposal shall be limited to fifty (50) pages (Not including the required forms
listed in Tab 1 or the Required Tabs). Any responses exceeding fifty (50) pages,
not including the required forms or tabs, may be considered non-responsive and not
considered for award.
3.8 Proposal Submittal Format
Proposers shall include the following information in their written response document.
3.8.1 TITLE PAGE: (Non-scored) - The title page should show the request for the
proposal's subject, title, and proposal number; the firm's name; the name, address,
and telephone number of a contact person; and the date of the proposal.
3.8.2 TAB 1 – Transmittal Letter: (Non-scored)
3.8.3 The response shall contain a cover letter by a person authorized to commit the Firm
to perform the work included in the proposal. It shall identify all materials and
enclosures being forwarded in response to the RFP. The letter shall also provide a
brief description of the Firm’s ability to meet the requirements of the RFP, include
a statement that they are financially capable of performing the scope of work
required for this project, and provide a brief discussion about the Firm’s business
history in the marketplace.
3.8.4 TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall list all
major topics, their associated section number, and the starting page.
3.8.5 TAB 3 - Mandatory Forms: (Non-scored)
A. Required Forms
a) Contact Information Sheet
b) Corporate Resolution (If applicable)
c) Non-Collusion Affidavit Form
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d) Drug-Free Workplace Program
e) Certification Regarding Debarment and Suspension
f) Certification Regarding Scrutinized Companies
g) Certification Regarding Lobbying
h) Contracting with entities of Foreign Countries of Concern Prohibited
Affidavit
i) Reference List
j) Subcontractor List
k) Addenda Acknowledgement
3.8.6 TAB 4 – Firm Overview and Organization: (maximum 4 x 5 = maximum 20
points)
A. Provide an overview of your firm, including the size of the firm, number of
years in business, the number of employees, operational structure, and the
location of the office from which this service is to be managed.
B. Provide information indicating your firm’s financial capability to provide
the services described.
3.8.7 TAB 5 – Technical Approach: (maximum 4 x 9 = maximum 36)
A. Describe, in detail, how the requested services identified in the Scope of
Work will be provided.
B. Provide a comprehensive organizational chart including proposed project
team members.
C. Describe the qualifications, including registrations and licenses, as
applicable, for all staff proposed, including their anticipated project role.
D. Provide a list of equipment that will be dedicated to this project and any
other resources available or anticipated for our facility. Indicate whether
equipment is owned or leased and whether it will need to be acquired prior
to contract commencement.
E. Describe safety and other training programs practiced at your firm.
F. Indicate any changes your firm would propose to the attached sample
agreement. If none are submitted with your proposal, the City will utilize
the sample agreement as presented.
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3.8.8 Tab 6 – Past Performance: (maximum 4 x 3 = 12 points)
A. Provide at least three verifiable references for similar services only. Include
the organization's name, the contract's length, a summary of the work, and
the name, email, and telephone number of a responsible contact person.
B. The City may, at its sole discretion, require a complete list of customers
from proposer(s) being considered for award. At the discretion of the
Evaluation Team, the Procurement Chairman may request and tabulate
written references and make a report to the Team or assign a Team member
to do so. Reference checks are typically completed on the short-listed firms
only; however, the City reserves the right to expand reference checks to
other firms or during other phases of the evaluation process. Consideration
of responses received from reference checks may be given during the final
selection process.
3.9 Cost Proposal: (maximum 4 x 8 = maximum 32 points)
A. Cost Proposals will be scored by the Procurement Division.
B. Provide cost proposal (See Section 6) in a separate PDF labeled “25-12-
RFP Cost Proposal”.
a) Cost Proposal (see Section 6 of this solicitation) shall be emailed
to jessgraham@cityofsebastian.org.
b) DO NOT upload your cost proposal to VendorLink.
c) Failure to follow these directions may result in your proposal being
marked non-responsive.
C. Calculation of points for cost will be completed as described in the
following EXAMPLE.
Proposal
Cost
Lowest
Cost
Proposed
% of Low
(Low
proposal/Proposal
Cost)
Multiplier
Total Points
Assigned
(% of Low *
Multiplier)
Company A $100,000 $100,000 100% 20 20
Company B $108,000 $100,000 92.6% 20 18.52
Company C $120,000 $100,000 83.3% 20 16.66
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3.10 Selection & Award Process
3.10.1 The Evaluation Team will evaluate each written Qualification submittal based on
the criteria in the RFP.
Evaluation Criteria Total Possible
Points
Tab #4 – Summary of Qualifications 32
Tab #5 – Technical Approach 20
Tab #6 – Resources & Availability 20
Tab #7 – Past Performance 8
Cost Proposal 20
MAXIMUM POSSIBLE POINTS 100
MBE/WBE/DBE Business
(only used in the event for a tie to the highest total
points)
5
3.10.2 Based on the evaluation of the written submittals and the closeness of the scores
determined by said evaluation, the City may choose to conduct oral
discussions/interviews with the top three or more firms to clarify the solicitation
requirements, assure full understanding of and conformance to them, and clarify
the firms’ qualifications. Should the Evaluation Team (E-Team) request oral
discussions/interviews, the following procedures will apply.
3.11 Oral Discussions/Interviews (maximum 100 points)
3.11.1 The short-listed firms will receive written questions from the Evaluation Team. The
Evaluation Team will conduct oral discussions with the short-listed Firms. The
Evaluation Team will then score the Firms.
3.11.2 Oral discussions/interviews or presentations are exempt from Public Meeting
requirements (Section 286.011, Florida Statutes). They will provide an opportunity
for the Firm to demonstrate its ability to use time efficiently, effectively, and
economically.
3.11.3 The City’s Procurement Department will establish the schedule, and Proposers will
be notified within a reasonable time period (generally 7 calendar days) in advance
of the date, time, and place of the discussion. The time frame for oral
discussions/interviews with each firm will not exceed 45 minutes. The specific
format of each discussion will be provided to the proposers via notifications.
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3.11.4 Scoring for this phase will not be combined with the previous phase. Scoring for
the oral discussions/interviews will be based on the following Evaluation Criteria,
using the same adjective-based scoring as described previously in this section:
Evaluation Criteria Total Possible
Points
Firm Staff information presented in the oral discussions
response to questions related to Firm Staff, if any 35
Firm Experience information presented in the oral
discussions, and response to questions related to Firm
Experience, if any
40
Firm Approach/Capabilities information presented in the
oral discussions, and response to questions related to Firm
Approach/Capabilities, if any
25
3.11.5 The Evaluation Team will complete its final scores for oral/discussions
presentations for short-listed firms.
3.11.6 The Chairman (Procurement/Contracts Manager) will complete the final
Evaluation Team scores. The Procurement/Contracts Manager reserves the right to
request additional analysis/review by the Evaluation Team if he/she deems
additional evaluation warranted.
3.11.7 The Procurement/Contracts Manager shall review the ranking and post a Notice of
Intended Decision. The recommendation will then be sent to the City Manager for
placement on the Council Agenda to request City Council permission to enter
negotiations and award contracts with the selected proposer(s).
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SECTION 4 – GENERAL TERMS AND CONDITION
4.1 DEFINITIONS
4.1.1 Request for Proposal (“RFP”): This solicitation document, including any and all
addenda.
4.1.2 City: Refers to the City of Sebastian.
4.1.3 Days: Refers to calendar days, unless otherwise stated.
4.1.4 Contract or Agreement: Request for Proposal, all addenda issued thereto, all
affidavits, the signed agreement, and all related documents comprising the totality
of the agreement between the City and the Contractor.
4.1.5 Contractor: Selected proposer awarded a contract to provide the goods or services
to the City.
4.1.6 Proposal: Submission in response to this RFP.
4.1.7 Proposer: Contractor submitting a response to this RFP, “pre-award”.
4.1.8 Responsible Proposer: Proposer with integrity, reliability, and capability to fulfill
the contract requirement stated in the RFP.
4.1.9 Responsive Proposer: Proposer whose proposal fully conforms in all material
respects to the RFP and its entire requirement, including form and substance.
4.1.10 Shall, Must, and Will: Interpreted as mandatory language.
4.2 CONE OF SILENCE
Potential respondents and their agents shall not communicate with City Council Members,
the City Manager, or any City staff other than Purchasing personnel regarding this
solicitation. This restriction shall be effective from the time of proposal advertisement until
the City Council meets to authorize ranking and/or award. Such communication may result
in disqualification.
4.3 EXTENSION
In addition to any renewal options contained herein, the City has the right to extend any
award resulting from this RFP for the period necessary to release, award, and implement a
replacement agreement for the commodities or contractual services provided in this RFP.
Such extension shall be based on the same prices, terms, and conditions this RFP outlines.
4.4 CANCELLATION
The City reserves the right to cancel this RFP, in whole or in part, when it is in its best
interest. Notice of cancellation will be posted on VendorLink.
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4.5 RFP GUARANTEE
RFP submittals may not be withdrawn after the due date. The proposer shall warrant that
the unit prices, terms, and conditions quoted in the RFP are for a period of not less than
ninety (90) days from the solicitation opening date and shall remain in effect for the
contract period.
4.6 PROPOSAL SUBMISSION
4.6.1 All proposals must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
4.6.2 Proposals are due on the date and time indicated on the cover page or as amended
by an addendum issued by procurement.
4.6.3 The Contractor is responsible for ensuring their response is submitted through
VendorLink by the time and date specified in the solicitation or subsequent
addenda. The City shall not be responsible for delays caused by any occurrence.
4.6.4 Electronic submissions may require the uploading of attachments. All documents
should be attached as separate files. Attachments containing embedded documents
or proprietary file extensions are prohibited. The proposer is responsible for
ensuring that its proposal, including all attachments, is uploaded successfully.
4.6.5 Submittals sent by mail, facsimile, electronic mail, telephone, or any other
means not specified herein will not be accepted.
4.6.6 Late proposals cannot be submitted and will not be accepted. Proposers are
cautioned to allow sufficient time to submit proposals and upload attachments. Any
technical issues must be submitted to VendorLink by emailing
support@evendorlink.com. The City cannot assist with technical issues regarding
submittals and will not be responsible for delays caused by technical or other issues.
4.7 EXECUTION OF RFP SUBMITTAL
Each RFP submittal must include the signature of an officer or employee having authority
to bind the contractor in the space(s) provided. Only the terms and conditions of this RFP,
as released by the City or amended via addendum, are valid. Any modification to any term
or condition by the contractor is not binding unless it is expressly agreed to in writing by
the City in advance.
4.8 INTERPRETATIONS
No oral interpretations will be made to any submitter as to the meaning of the request for
proposal documents. Every request for such an interpretation shall be made in writing,
addressed, and forwarded to the City of Sebastian Procurement Division ten (10) or more
days before the date fixed for the opening of the proposals. The City shall not be
responsible for oral interpretations given by any City employee. Every interpretation made
to submitters will be in the form of an Addendum, which, if issued, will be sent promptly
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as is practical to all persons to whom RFP documents have been issued. All such Addenda
shall become part of the RFP documents. Further, it shall be the responsibility of each
submitter, prior to submitting their response, to contact the City of Sebastian Procurement
Division at (772) 388-8231 to determine if addenda was issued and to make such addenda
a part of their submittal.
4.9 PUBLIC RECORDS
Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that
municipal records shall at all times be open for personal inspection by any person.
Information and materials received by the City in connection with all proposers’ responses
shall be deemed to be public records subject to public inspection upon award,
recommendation for award, or thirty (30) days after the RFP opening, whichever occurs
first. However, certain exemptions to the public records law are statutorily provided for in
Section 119.07, F.S. Therefore, if the proposer believes any of the information contained
in his or her response is exempt from the Public Records Law, the proposer must in his or
her response specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption, otherwise, the City will treat all materials received as
public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-
388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
4.10 CONFIDENTIAL OR TRADE SECRETS INFORMATION
Proposals submitted in response to this request are public records. Pursuant to section
119.071, Florida Statutes, any financial statement that the City requires a contractor to
submit in order to prequalify for bidding or for responding to a proposal for a public works
project is exempt from the Public Records Law. Therefore, any financial statement that
you submit that you wish to remain confidential shall be submitted in a sealed opaque
envelope and marked “Confidential Financial Statement Enclosed.” Trade secret
information must be identified as instructed per section 812.081(1)(c), Florida Statutes.
Proposers are requested to specifically identify any information contained in their
proposals which they consider confidential as a trade secret and which they believe to be
exempt from disclosure. They must cite to the specific facts that demonstrate that such
information is exempt as a trade secret under the applicable law. Any Proposer marking,
labeling or declaring their entire proposal “Confidential and Proprietary” may be
disqualified. By submission of a response to this solicitation the contractor agrees to
indemnify and hold the City and its commissioners, officers, employees and agents
harmless should any information marked as confidential and/or proprietary knowingly or
unknowingly be released as the result of a public records request or if any information
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marked as confidential and/or proprietary is not released as a result of a public records
request.
4.11 NON-COLLUSION
By submitting a proposal, the proposer certifies that all information contained in the RFP
is truthful to the best of their knowledge and belief. Proposer further certifies, under oath,
that this RFP is made without any colluded, conspired, connived, or agreed, directly or
indirectly, with any other firm, person, or corporation responding to this solicitation for the
same product or service. The proposer further certifies that the proposer has not divulged,
discussed, or compared this RFP with other RFPs and has not colluded with any other
proposer or parties to the RFP. Any violation of this provision will result in the cancellation
or return of proposers’ materials (as applicable) and the removal of the RFP from the list(s).
4.12 CONFLICT OF INTEREST
4.12.1 The resulting agreement is subject to the provisions of Chapter 112.313, Florida
Statutes. All proposers shall disclose within their RFP to the City the name of any
officer, director, or agent who is also an employee of the City. Please submit to the
City all information on any potential conflict of interest related to the provision of
the goods or services requested in this Solicitation.
4.12.2 The term “conflict of interest” refers to situations in which financial or other
personal considerations may adversely affect, or have the appearance of adversely
affecting, an employee’s professional judgment in exercising any City duty or
responsibility in administration, management, instruction, research, or other
professional activities.
4.12.3 Should the successful proposer permanently or temporarily hire any City employee
or Council member, who is, or has been, directly involved with the proposer prior
to or during performance of the resulting contract, the Agreement shall be subject
to immediate termination by the City.
4.13 PROTEST PROCEDURE
4.13.1 Following Chapter 120, Florida Statutes, any person who is adversely affected by
the terms, conditions, or specifications outlined in this RFP or who is adversely
affected by a decision of the City concerning the solicitation shall file a Notice of
Intent to Protest, in writing within 72 hours after the solicitation document is posted
or after the notice of decision is posted, respectively, excluding Saturdays, Sundays,
and state holidays. A formal written protest shall be filed no later than 10 days after
the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state
holidays. The formal written protest must be accompanied by a protest bond,
cashier’s check, or money order in the amount of one percent (1%) of the total
estimated contract value. The Notice of Intent to Protest and formal written protest
shall be filed at the following address: Procurement/Contracts Manager, 1225 Main
Street, Sebastian, FL 32958. The formal written protest shall state, with
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particularity, the facts and law upon which the protest is based. Failure to file a
Notice of Intent to Protest, formal written protest, or failure to post the bond,
cashier’s check, or money order within the time frames or in the manner described
above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
A. Decision - If the protest is not resolved by mutual agreement, the
Procurement/Contracts Manager shall promptly investigate the basis of the
protest and, after consultation with the originating department, the City
Attorney or any other person or entity deemed necessary, the
Procurement/Contracts Manager shall issue a decision in writing. A copy of
the decision shall be furnished immediately to the protestor and any other
party determined by the Procurement/Contracts Manager to be directly
affected by the decision. The decision shall: a) State the decision and the
basis for the decision, and b) Set forth the protestor’s right to administrative
review.
B. Administrative Review – If the protestor disagrees with the decision of the
Procurement/Contracts Manager, the protestor may appeal the decision to
the City Manager, provided written notice of such appeal shall be submitted
by the protestor to the Procurement/Contracts Manager within seven (7)
calendar days of receipt of the decision to award. Any appeal of the decision
by the City Manager shall be heard by the City Council or other appropriate
administrative or legal body.
C. Stay of Procurement – In the event of a timely and properly filed protest,
the Procurement/Contracts Manager shall not proceed further with the
solicitation or award until all administrative remedies have been exhausted,
or until the City Manager or City Council, as appropriate, makes a
determination on the record that the award of a contract is necessary to
protect substantial interests of the City.
4.14 AWARDS
The City reserves the right to cancel the solicitation, reject any and all proposals or waive
any irregularity or technicality in submittals received. The City reserves the right not to
make any award(s) under this solicitation.
4.15 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws, ordinances,
rules, and regulations that may affect their work in any manner. Failure on the part of the
Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him
from any responsibility or liability arising from the contract award. The Contractor assures
and certifies that they will comply with all laws, ordinances, rules, regulations, and all other
legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations
about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE,
safety barricades, portable fire suppression/extinguishers, job site first aid kits, and
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emergency communication. Any fines levied due to inadequacies or failure to comply with
all requirements shall be the sole responsibility of the Contractor.
4.16 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is, and shall be, in the performance of all Services and activities under this
Agreement, an independent contractor, and not an employee, agent, or servant of the City.
All persons engaged in any of the work or services performed under this agreement shall
at all times, and in all places, be subject to the contractor’s sole direction, supervision, and
control. The contractor shall exercise control over the means and manner in which it and
its employees perform the work, and in all respects, the contractor’s relationship and the
relationship of its employees to the City shall be that of an independent contractor and not
as employees or agents of the City. The contractor does not have the power or authority to
bind the City in any promise, agreement, or representation. Nothing contained herein shall
be deemed to create an association, partnership, joint venture, or relationship of principal
and agent or master and servant among the parties or any affiliate thereof, or to provide
any party hereto with the right, power, or authority whether expressed or implied, to create
any such duty or obligation on behalf of any other party. The City, in its absolute discretion,
retains the right to reject, bar, or require the replacement of any employee, subcontractor,
or agent of the contractor. Such rejection shall not relieve the contractor of the obligation
to perform all work in compliance with the RFP.
4.17 CONTRACTOR’S REPRESENTATIVE
The contractor must provide a point of contact for the term of this RFP to include the name,
email address, office telephone, and cell phone numbers of the person(s) to be contacted
for the placement of an order, coordination of services, and to address other issues. If the
point of contact differs between regular work hours, after-hours, weekends, and holidays,
this must be provided. The contractor shall ensure that all personnel assigned to work on
this project on their behalf must be dressed appropriately and clean at all times. Any person
who is present on the job site on behalf of the contractor must be provided and display on
their clothing proper identification at all times. The contractor must also provide the
procurement division with any updates to the primary point of contact. The City reserves
the right to require a change in the contractor’s point of contact at the City’s sole discretion.
4.18 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the consent and agreement of the contractor, purchases may be made under this RFP
by other governmental agencies, political subdivisions within the state of Florida, or any
other public entity. Such purchases shall be governed by the same terms and conditions
stated herein. Further, it is understood that each agency will issue its own purchase order
to the contractor. This agreement in no way restricts or interferes with the right of any other
public agency to rebid any or all of these items.
4.19 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY
The City reserves the right to utilize any other contract, including, but not limited to, the
following: any state of Florida contract, any contract awarded by any other city or county
governmental agencies, other school boards, other community colleges/state university
system, cooperative agreements, or to directly negotiate/purchase per City policy. The City
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also reserves the right to RFP separately any item(s) and/or service(s) covered under this
agreement, if deemed to be in the best interest of the City, at any time during this agreement
term.
4.20 PUBLIC ENTITY CRIMES
Pursuant to Florida Statutes Section 287.133(2)(a), all Submitters are hereby notified that
a person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity (defined as the State of Florida, any of
its departments or agencies, or any political subdivision); may not submit a bid, proposal,
or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in Florida Statutes Section
287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the
date of being placed on the convicted vendor list. A "public entity crime" means a violation
of any state or federal law by a person with respect to and directly related to the transaction
of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid, proposal, reply, or
contract for goods or services, any lease for real property, or any contract for the
construction or repair of a public building or public work, involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation
4.21 BANKRUPTCY / INSOLVENCY
At the time of RFP submission, the contractor shall not be in the process of or engaged in
any type of proceedings relating to insolvency or bankruptcy, either voluntary or
involuntary or receivership proceedings. If the contractor is awarded a contract for six (6)
months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City
may, at its option, terminate and cancel the agreement, in which event all rights hereunder
shall immediately cease and terminate.
4.22 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this RFP can be terminated immediately for cause if
contractor is found to have failed to perform services in a manner satisfactory to the City;
or the City may terminate without cause upon thirty (30) days’ written notice to the
Proposer. In the event of either termination, the contractor shall be compensated for all
services performed to the City’s satisfaction. The City shall be sole judge of non -
performance.
4.23 RIGHT TO REJECT
The City reserves the right to reject any or all RFP(s), to waive minor irregularities, and/or
to accept the RFP(s), which in its sole judgment best serves the interest of the City. More
than one RFP from an individual, proposer or association under same or different names,
will not be considered.
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4.24 INVOICING
4.24.1 Payments shall be made in accordance with Section 218, Part VII of the Florida
Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of
Sebastian, Accounts Payable, 1225 Main Street, Sebastian, FL 32958. The
Contractor shall provide fully documented invoices, which indicates the basic
information listed below.
A. Name of the business organization as specified on the Contract between
City and Contractor
B. Date of invoice
C. Contractor’s invoice number
D. Contractor’s federal identification number on file with the state
E. City purchase order number and solicitation number
F. Unit price of the goods, services or property provided
G. Extended total price of the goods, services or property
H. Applicable discounts
I. Description of provided goods or services
J. Quantity of provided goods or services
K. Date(s) of delivery of provided goods or services
L. Location goods or services were delivered
4.24.2 Any invoice submitted as a result of the award of this RFP shall be itemized
matching the items on the purchase order. “Lump sum” invoices shall not be
submitted and will not be accepted for multiple line purchase orders. An invoice
can only reference one purchase order number. Invoices that do not reference valid
purchase order number will be returned to the contractor for resolution of the
discrepancies and resubmitted.
4.24.3 It shall be understood that invoices shall not be authorized for payment until the
work is inspected by the respective City representative and payment is approved.
The City will pay the contract price minus any liquidated damages, back charges
and/or other damages to the contractor upon final completion and acceptance. The
City shall provide partial payments for Work completed by the contractor during
various phases of the Work assignment in accordance with the unit pricing provided
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in their proposal subject to an agreement maximum or not to exceed amount.
Failure to submit invoices in the prescribed manner will delay payment.
4.25 AVAILABILITY OF FUNDS
The obligations of the City under this agreement are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City
Council.
4.26 DIRECT PURCHASES
The City of Sebastian reserves the option to purchase certain tangible materials necessary
for the performance of the Contract, and thereby save the amount of the sales tax thereon
by virtue of the Owner's status as a Tax-Exempt Institution. For the purpose of these
procedures, the Contractor will assign to the City any rights the Contractor may have under
quotes, contracts, or commitments received from the particular vendor or supplier for the
materials described in the requisition. The invoiced amount of City Purchased Materials
and applicable sales tax had the purchases not been tax-exempt, once finalized through the
Owner’s Purchase Order and after confirmation of completed delivery and acceptance, will
be deducted from the Contractor’s Contract price via Change Order.
4.27 PAYMENT
The City will only pay the dollar amounts as authorized on the purchase order. Payment
will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after
the commodities or contractual services provided by the contractor have been received,
inspected, and found to comply with award specifications, free of damage or defect, and
properly invoiced. Payment for partial shipments shall not be made unless specified in the
purchase order. Failure to follow these instructions may result in delays in processing
invoices for payment. The purchase order number must appear on invoices, bills of lading,
packages, cases, delivery lists, and correspondence.
4.28 PRICE ADJUSTMENTS
4.28.1 In the event of unforeseen circumstances that directly impact the goods/services
provided under this proposal, the City of Sebastian will consider a price adjustment
request. Upon receipt of the Contractor’s written request for a price adjustment, the
City may allow an escalation equal to the Southeaster Consumer Price Index as of
May 1st of that current year, not to exceed 3% of that current year’s annual contract
price.
4.28.2 The Contractor shall submit the price request to the Procurement Division thirty
(30) calendar days before the requested effective increase date. The City may
approve a price increase at its sole discretion.
4.28.3 Any purchase order issued before the approval of the price increase will not be
modified.
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4.28.4 The contractor shall only be entitled to an automatic increase in labor rates due to
minimum wage increases if providing a request for adjustment at least 30 days
before the effective change.
4.29 CHANGE ORDERS
4.29.1 Without invalidating the contract documents, and without notice to the surety, the
City of Sebastian reserves the right to make increases, decreases or other changes
in the character or quantity of the work under the proposal and contract documents
as may be considered necessary or desirable to complete the work in a manner
satisfactory to the City of Sebastian. The City reserves the right to order changes
which may result in additions to or reductions from the amount, type or value of
the work shown in the proposal or contract documents, provided that they are within
the general scope of the proposal documents or contract documents.
5.1.1. All changes will be authorized only by a written change order utilizing the City’s
standard form and approved in advance of the change by the designated project
manager of the City. The contractor is required to provide the project manager with
a detailed cost breakdown of material costs, labor costs, labor rates by trade, and
work classification and overhead rates supporting the amount of the change, as well
as an explanation of the cost and any revision to the Project completion time. If the
contractor fails to notify the project manager of any schedule changes associated
with the proposed change, it will be deemed to be an acknowledgement by
contractor that the proposed work will not have any scheduling consequences. Any
net increase to the pricing must also be approved and documented with a revised
purchase order by City.
4.30 SUBCONTRACTORS AND SUPPLIERS
The proposer is required to identify any and all subcontractors and/or suppliers that will be
used in the performance of the proposed contract and to clearly identify in their submission
the names, portions and percentages of work to be performed by their subcontractors or
suppliers. Contractor shall be solely responsible for all acts and omissions of its
subcontractors or suppliers. Nothing in the RFP and contract documents creates any
contractual relationship between any subcontractor or suppliers and the City of Sebastian.
Contractor shall be responsible for the timely payment of its subcontractors and suppliers
as required by Florida Statute Chapter 218.735. Failure to comply with these payment
requirements will place the contractor in default of the contract.
4.31 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this
agreement, or of any or all of its rights, title, or interest therein, or its power to execute such
agreement to any person, firm, or corporation without prior written authorization by the
City.
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4.32 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the
commodities from use, as specified herein, will not relieve the contractor from
responsibility.
4.33 DISCRIMINATION
The proposer shall not practice or condone personnel or supplier discrimination of any
nature whatsoever, in any manner proscribed by federal or state of Florida laws and
regulations. The City of Sebastian will not knowingly do business with vendors, proposers,
or contractors who discriminate on those protected by state and federal law. Through the
course of providing services to the City, contractors shall affirmatively comply with all
applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights
Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other
applicable regulations, guidelines and standards. Any person who believes their rights have
been violated should report such discrimination to the City.
4.34 AUDIT AND INSPECTION
The City or their representative reserves the right to inspect and/or audit the contractor's
documents and records as they pertain to the products and services delivered under this
RFP. Such rights will be exercised with notice to the contractor to determine compliance
with and performance of the terms, conditions, and specifications on all matters, rights,
duties, and obligations established by this RFP. Documents or records in any form shall be
open to the city’s representative and may include but are not limited to all correspondence,
ordering, payment, inspection, and receiving records, contracts or sub-contracts that
directly or indirectly pertain to the transactions between the City and the contractor.
4.35 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City,
and its officers and employees, from all third-party claims, demands, liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the contractor
or its Sub-Contractor(s) and other persons employed or utilized by the Contractor or its
subcontractor(s) in the performance of the agreement. Upon request of the City, the
contractor or its subcontractor(s) shall, at no cost or expense to the City, indemnify and
hold the City harmless of any suit asserting a claim for any loss, damage or liability
specified above, and the contractor or its subcontractor(s) shall pay any cost and reasonable
attorneys’ fees that may be incurred by the City in connection with any such claim or suit
or in enforcing the indemnity granted above. Nothing in this agreement shall be construed
as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or
any other sovereign or governmental immunity. This provision shall survive the
termination of this RFP.
4.36 CONTRACTS AND AMENDMENTS
The contents of this RFP and all provisions of the contractor’s submittal shall be considered
an agreement and become legally binding. Any changes to the provisions hereinafter award
must be in writing and signed by both Parties.
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4.37 SCRUTINIZED COMPANIES LIST
4.37.1 The proposer certifies that it and those related entities of respondent as defined by
Florida law are not on the Scrutinized Companies that Boycott Israel List, created
pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of
Israel. In addition, if this agreement is for goods or services of one million dollars
or more, Proposer certifies that it and those related entities of respondent as defined
by Florida law are not on the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged
in business operations in Cuba or Syria. The City may terminate this Contract if the
Company is found to have submitted a false certification as provided under section
287.135(5), Florida Statutes, been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or been engaged in business operations in Cuba or
Syria, as defined by section 287.135, Florida Statutes. The City may terminate this
Contract if the Company, including all wholly owned subsidiaries, majority-owned
subsidiaries, and parent companies that exist for the purpose of making a profit, is
found to have been placed on the Scrutinized Companies that Boycott Israel List or
is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
4.37.2 Accordingly, firms responding to this solicitation shall return with their response
an executed copy of the attached “Certification Regarding Prohibition Against
Contracting With Scrutinized Companies.” Failure to return this executed form
with submitted bid/proposal/statement of qualifications may result in the response
being deemed non-responsive and eliminated from consideration.
4.38 LICENSING, CERTIFICATION, AND REGISTRATION
Contractors must show their current Business Tax Receipt (if located in the City of
Sebastian, City of Vero Beach, or Indian River County), as well as any licenses required
by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. All licenses shall
be up to date. Contractors who are required to be registered with the Florida Department
of State, Division of Corporations or who are incorporated within the state of Florida must
furnish their Florida document number and a screenshot of their “active” status. All
registered contractors must have an active status to be eligible to do business with the City.
If the proposer is a State Certified General Contractor, or a State Registered General
Contractor the proposer must be registered with the City of Sebastian. Contractors doing
business under a fictitious name, on page 1, must submit their offer using the company’s
complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the
contractor is not located in Florida, the contractor must provide their state’s document
number and a screenshot of their current, date-identified “active” status with their
submittal.
4.39 TAXES
Although the City of Sebastian is exempt from federal and state sales and use taxes,
contractors or vendors doing business with the City are not exempted from paying said
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taxes to their supplier for goods or services purchased to fulfill the contractual obligations
with the City, nor shall any contractor or vendor be authorized to use the City’s Tax
Exemption Number in securing such materials.
4.40 LIQUIDATED DAMAGES
4.40.1 The contractor agrees to the use of liquidated damages in the event the contractor
fails to perform by the provisions herein. The Contractor hereby agrees, as part
consideration for awarding the Agreement, to pay the City the sum of Three-
Hundred Dollars ($300.00), for each and every calendar day that the Contractor
shall be in default after the time stipulated in the Agreement for completing the
Work. The Contractor and City acknowledge and agree that said sum is not a
penalty but liquidated damages for breach of contract
4.40.2 On the occasion where the contractor is in default of the Agreement, or any material
provision thereof, or fails to remedy any deficiency in performance, the City may
procure the necessary supplies or services from an alternative source and hold the
contractor financially responsible for any excess costs incurred. The difference
between the proposal price of the product or service and the actual price paid may
be deducted from any current or future obligations owed to the contractor as
liquidated damages.
4.41 FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing any duty, requirement,
or obligation under this agreement that is due to any of the following causes, to the extent
beyond its reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage,
accident, flood, acts of God, epidemic, pandemic, quarantine, riots, civil commotion, acts
of government authorities, changes in laws or regulations strikes, or other labor disputes,
or because of any other matter or condition beyond the control of either party and which
cannot be overcome by reasonable diligence and without unusual expense.
4.42 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory
performance during the term of this RFP. The report may become an important part of the
contractor’s history. The report and process will assist the City in determining whether
there is a continuing pattern of problems that may need to be addressed through termination
of contract and/or suspension of the contractor from future bidding.
4.43 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11 -116
(superseding Executive Order 11-02; Certification of Employment Status), in the event
performance of this Agreement is or will be funded using state or federal funds, the
contractor must comply with the Employment Eligibility Verification Program developed
by the federal government to verify the eligibility of individuals to work in the United
States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The
contractor shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system,
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(2) utilize E-Verify to verify the employment eligibility of all new employees hired during
the term of the contract (3) utilize E-Verify to verify the employment eligibility of all
employees assigned to the contract; and (4) shall expressly require any subcontractors
performing work or providing services pursuant to the contract to likewise utilize E-Verify
to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term. Information on registration for and use of the E-Verify system can be
obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-
Verify.
4.44 IMMIGRATION LAWS
The City will not intentionally award City contracts to any firm who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions
contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and
Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents.
4.45 DRUG-FREE WORKPLACE
4.45.1 In accordance with Florida Statute Section 287.087, Proposer certifies the
following:
A. A written statement is published notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the workplace named above and specifying
actions that will be taken against violations of such prohibition.
B. Employees are informed about the dangers of drug abuse in the work place,
the proposers policy of maintaining a drug free working environment, and
available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug
use violations.
C. Employees are notified that as a condition of working on the commodities
or contractual services being solicited, they will notify the employer of any
conviction of, plea of guilty or nolo contendere to, any violation of Chapter
893, or of any controlled substance law of the State of Florida or the United
States, for a violation occurring in the work place, no later than five (5) days
after such conviction, and requires employees to sign copies of such written
statement to acknowledge their receipt.
D. The proposer employer imposes a sanction, or requires the satisfactory
participation in, a drug abuse assistance or rehabilitation program, if such is
available in the employee’s community, by any employee who is so
convicted.
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E. The proposer/employer makes a good faith effort to continue to maintain a
drug free work place through the Implementation of the drug free workplace
program.
4.46 SUSPENSION AND DEBARMENT
The City of Sebastian will not make award to parties listed on the government-wide
exclusions in the System for Award Management (SAM). The bidder or proposer agrees
to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C while this offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
4.47 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of a proposal, Respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint
Vendor List.
4.48 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the contractor
by the City under this contract. The contractor will not use such data for any purpose other
than providing services and support to the City under this RFP, nor will any part of such
data be sold, assigned, leased, or otherwise disclosed to third parties (other than authorized
subcontractors for purposes of performance of the Services) or commercially exploited by
or on behalf of the contractor. The contractor will not possess or assert any lien or other
right against such data.
4.49 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data with
the City or any other parties shall take place via secure means using current industry
approved encryption standards.
4.50 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification Act
outlined in Section 501.171, F.S. In the event of a breach described in Section 501.171,
F.S. ("Notification Event"), Contractor will notify the City immediately and will comply
with the requirements of Section 501.171, F.S. assume responsibility for all costs
associated with complying with the breach notification and informing all such individuals
by applicable law. The Contractor agrees to indemnify, hold harmless and defend the City
and its trustees, officers, and employees from and against any claims, damages, or other
harm related to such Notification Event.
4.51 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving of
notice in compliance with the provisions of this paragraph. For the present, the Contractor
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designates the address set forth on the first page of this RFP document as its place for
receiving notice, and the City designates the following address for such notice:
The City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 5
REQUIRED
FORMS
25-12-RFP
Failure to complete and submit this form with your proposal may result in the rejection of your proposal
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CONTACT INFORMATION SHEET
DUE DATE: March 27, 2025
Proposals due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check the Addenda for any revised opening dates before
submitting your proposal. Proposal(s) received after the
date and time stated above will not be opened.
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
RFP TITLE: Sebastian Municipal Golf Course Maintenance
RFP NO.: 25-12-RFP
Proposer Name and “Doing Business As”, if applicable:
Federal Tax Identification Number:
Address:
City: State: Zip Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the RFP document and associated documents, including the Addenda, accompanying
or made a part of this solicitation. I further certify that all information contained in this proposal is truthful to the best of my
knowledge and belief and that I am duly authorized to submit this proposal on behalf of the proposer named above and that
the proposer is ready, willing, and able to perform if awarded.
In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods
and /or services specified in the RFP at the prices or rates in my proposal and prices will remain for a period of ninety (90)
days to allow the City adequate time to evaluate the proposal.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
___________________________________________ ________________
Title Date
Each proposal submitted must include the signature of an officer or employee with the authority to bind the
contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided.
If a corporate resolution is not provided for the proposal submitted, the proposal submitted shall be marked non-responsive.
The City reserves the right to reject any and all proposals or to accept any proposal or portion deemed to be in the City's best
interest and waive any non-substantial irregularities.
25-12-RFP
Failure to complete and submit this form with your proposal may result in the rejection of your proposal
Page 45 of 56
CORPORATE RESOLUTION
I, ______________________________, Board President of ______________________________, a
corporation organized and existing under the laws of the State of _____________________, hereby certify
that at a meeting of the Board of Directors of the Corporation duly called and held on
_____________________, 202__, at which a quorum was present and acting throughout, the foll owing
resolutions were adopted and are now in full force and effect:
RESOLVED that the following individual of this corporation is authorized to execute on behalf of this
corporation bids/proposals and agreements, of which bids/proposals and agreements include a hold
harmless and indemnification clause.
I further certify that the names of the officers of this corporation and any other persons authorized to act
under this resolution and their official signatures are as follows:
NAME OFFICIAL SIGNATURE
IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal
of the corporation this _____ day of ____________, 2025.
Board President Signature: __________________________________________________
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
25-12-RFP
Failure to complete and submit this form with your proposal may result in the rejection of your proposal
Page 46 of 56
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid a nd of all
pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly
or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection
with the Agreement for which the attached bid has been submitted or to refrain from proposing in
connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement
or collusion or communication or conference with any other bidder, firm or person to fix the price
or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of
the bid price or the bid price of any other bidder, or to secure through an collusion, conspiracy,
connivance or unlawful Agreement any advantage against the City of Sebastian, Florida, or any
person interested in the proposed Agreement.
(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
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Page 47 of 56
DRUG FREE WORKPLACE PROGRAM
In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with
drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal
with respect to price, quality, and service for the procurement of commodities or contractual services, a bid
or reply received from a business that certifies that it has implemented a drug-free workplace program shall
be given preference in the award process. Established procedures for processing tie bids will be followed
if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace, not later than five (5) days
after such conviction.
5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign such statement, I certify that the firm complies fully with the above
requirements and indicate the program was implemented.
Authorized Signature
Company
Date
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Failure to complete and submit this form with your proposal may result in the rejection of your proposal
Page 48 of 56
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As
such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR
§ 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is
later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR
Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and
2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
_____________________________________ _____________________________________
Authorized Signature Address
_____________________________________ _____________________________________
Printed Name & Title City, State, Zip Code
_____________________________________ _____________________________________
Company Date
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Page 49 of 56
CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH
SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-
owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for
the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created
pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby
certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority -owned
subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the
purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the
Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute.
I understand and agree that the City may immediately terminate any contract resulting from this solicitation
upon written notice if the undersigned entity (or any of those related entities of respondent as defined above
by Florida law) are found to have submitted a false certification or any of the following occur with respect
to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel
List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars
or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in
business operations in Cuba or Syria.
Authorized Signature
Printed Name & Title
Date
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Page 50 of 56
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000.00)
The undersigned certifies, to the best of his or her knowledge, that:
1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure
The Contractor, ____________________________________________, certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False
Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
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Page 51 of 56
CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN
PROHIBITED AFFIDAVIT
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form (“Form”) is
required by Section 287.138, Florida Statutes (“F.S.”), which is deemed as being expressly incorporated
into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf
of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response, or otherwise
entering into a contract with the City. The associated bid, proposal, quote, or other response will not be
accepted unless and until this completed and executed Affidavit is submitted to the City.
___________________________________________does not meet any of the criteria set forth
Bidder's/Proposer's Legal Company Name
in Paragraphs 2 (a) – (c) of Section 287.138, FS.
Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that
the facts stated in it are true.
Print Name of Bidder's/Proposer's Authorized Representative: ___________________________________
Title of Bidder's/Proposer's Authorized Representative: ___________________________________
Signature of Bidder's/Proposer's Authorized Representative: ___________________________________
Date: ________________________
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REFERENCE LIST
Proposer’s Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and performance
within the last five (5) years. At least two (2) of these references should be government entities with a
minimum of 150 or more employees. The City will conduct Reference Checks for the provided references.
If the contact information is incorrect or the reference does not respond, the proposer will lose points
awarded for this criterion. Use additional sheets as necessary.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
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SUBCONTRACTOR LIST
Proposer’s Name: Phone #:
RFP Title:
RFP #:
NOTE: List all sub-contractors and the percentages of work to be performed on this project, If sub -
contractors will not be used on this agreement, check the box below. Form must be submitted with your
proposal. Use additional sheets if necessary.
The City reserves the right to reject any proposals if the proposer names sub-contractors who have
previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar
nature, or who is not in a position to perform under this a ward. The City reserves the right to inspect all
facilities of any sub-contractor in order to make a determination as to the foregoing.
Company
Name
Work To Be Performed
and Percentage of Work
to be Performed
Contact
Person
Telephone
Number
1
2
3
4
5
6
I affirm that sub-contractor(s) will not be used to complete projects under this agreement.
Authorized Signature
Printed Name & Title
Date
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Page 54 of 56
LOCAL VENDOR PREFERENCE AFFIDAVIT
Legal Name of Firm:
Contact Person: Telephone:
Email Address:
Remit Address:
Physical Address:
Sebastian or County Tax Receipt Number: Current Date Issued
☐ Required copies attached? Previous Date Issued
Number of full-time employees working in the City of Sebastian (for
city preference) or Indian River County (for county preference):
I certify that my company meets the following qualifications to be eligible for local vendor preference:
(1) Maintains a valid business tax receipt issued by either the City of Sebastian or Indian River County, at
least one (1) year prior to the opening of a bid/proposal for which the business may seek local vendor
preference, and
(2) Maintains a physical business address located within the City of Sebastian or Indian River County, from
which the vendor is operating or performing its business, and at which it maintains full-time employees.
Note: A post office box shall not be considered a physical business address.
I certify that under the penalty of perjury, the foregoing statements are true and correct. I also acknowledge that any
person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for
local preference shall lose the privilege to claim local preference status for a period of two (2) years.
____________________________________ _____________________
Authorized Signature Date
____________________________________ _____________________
Printed Name Title
NOTARY
____________________________________ _____________________
Witness Date
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ADDENDA ACKNOWLEDGEMENT
Proposer’s Name: Phone #:
RFP Title:
RFP #:
Proposer shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding
of the issued Addenda. The proposer understands that failure to acknowledge any addenda issued may
cause their proposal to be considered non-responsive. To verify the number of addenda (if any), a proposer
may contact the Procurement Division at (772) 388-8231.
ADDENDUM
#
DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
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Page 56 of 56
SECTION 6 – PRICE PROPOSAL
The Proposal Prices shall remain good for ninety (90) days after the due date of this RFP. By affixing their
signature to the Price Proposal Form, the Proposer hereby states that they have read all proposal
specifications, terms and conditions outlined in the Request for Proposal and agree to such. Proposer
declares that the individual signing this Price Proposal Form has the legal capacity to sign on behalf of
Proposer and to contractually obligate Proposer.
Furthermore, Proposer hereby agrees to provide the Services described in the Request for Proposal for the
unit or lump sum prices as noted below, which includes all salaries, employee benefits, supervision, labor,
materials, equipment, supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead,
profit, applicable taxes and costs of all kinds necessary to complete the Services.
ITEM DESCRIPTION LUMP SUM AMOUNT
Year 1 Total Cost – Golf Course Maintenance a b c $
Year 2 Total Cost – Golf Course Maintenance a b c $
Year 3 Total Cost – Golf Course Maintenance a b c $
Year 4 Total Cost – Golf Course Maintenance a b c $
Year 5 Total Cost – Golf Course Maintenance a b c $
YEAR 1 – 5 TOTAL COST $
Notes:
a - The price calculation referenced in Section 4.9 will be based on the Year 1 – 5 Total Cost.
b - Total Costs for Golf Course Maintenance shall include the entirety of the work, including but not limited to,
salaries, employee benefits, equipment, profit, ov erhead, general requirements, general conditions, etc., and any
expenditure required to perform golf course maintenance services per the RFP documents
C: The contractor must include an itemized list of operating costs (including salaries and equipment) wit h their
proposal.
Proposer Name:
Signature: Date:
Print Name: Title: