HomeMy WebLinkAbout2016 First AmendmentFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SEBASTIAN
AND INTERNATIONAL GOLF MAINTENANCE, INC.
This First Amendment to the Agreement ("Amendment") is hereby made and entered into
this 28th day of September, 2016, between CITY OF SEBASTIAN, FLORIDA ("City") and
International Golf Maintenance, Inc., ("Contractor")
WITNESSETH
WHEREAS, the City and Contractor
September 2014, for the provision of Golf
Municipal Golf Course (the "Agreement"); and,
are parties to that certain Agreement dated 25
Course maintenance services at the Sebastian
WHEREAS, the parties desire to amend Section 4 of the Agreement regarding
Contractor's obligations surrounding the use of the City provided Golf Course Storage Building;
and,
WHEREAS, the parties agree that the amendments are desirable and in the best interests
of the Golf Course, the City and its residents.
NOW THEREFORE, in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and the Franchisee agree to the additions to Section 4 of the
Agreement as follows:
(h) With respect to the Golf Course Maintenance Building (hereafter referred to as
the Golf Course Storage Building), International Golf Maintenance, Inc. (IGM) agrees to
maintain the building is a clean and orderly fashion; and to keep the building and its
surrounding grounds groomed, clean and in an orderly condition. Furthermore IGM shall
bear the cost of repairs to doors, fixtures, panels, fuel service equipment, or other items
that may become damaged while IGM has use of the building.
(i) Equipment storage: IGM will park equipment as to maintain a neat and orderly
appearance. Non-operating and/or abandoned equipment shall be stored in such a fashion
that it is out of sight from the golfing public and from visitors approaching from the
driveway.
0). The City of Sebastian has the right to conduct unlimited, unannounced site visits
to inspect the building and its surrounding grounds and structures.
Except as amended herein, the Agreement shall remain in full force and effect as written:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year above written.
International Golf Maintenance, Inc.
Attest:
i
anette Williams, MMC
ity_�Terjt_
CITY OF SEBASTIAN
�.r
Joe Griffin / ��
City Manager
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
iGl
Robert A. Ginsburg
City Attorney
CONTINUATION CERTIFICATE
RLI Insurance Company hereby continues in force
Dated 10/01/2014 in the amount of $ 150,000.00
on behalf of International GQjf Maintenance Inc. as Principal,
in favor of City of Sebastian , for the period beginning:
9/30/2016 and ending 9/30/2017 subject to all the
terms and conditions of said bond;
PROVIDED that the liability of al T Tnsurance Company
shall not exceed in the aggregated the amount above written, whether the loss shall
have occurred during the term of said bond or during any continuation or
continuations thereof, or partly during said term and partly during any continuation
or continuations thereof.
Signed and Sealed this 14th day of September , 2016
RLI Insurance Company
By: O -Q,4 Oylj . 2'a'h�y►��
Tensa L. Durham Attorney -in -Fact
and Florida Licensed Resident Agent
Inquiries: (407)786-7770
RLI• Su ety
902
9025 N. Lindbergh Dr.1 Peoria, IL 61615
Phone; (800)645-24021 Fax: (309)689-2036
www.rlicorp.com
Know Al/ Men by These Presents:
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
Jeffrey W Reich Susan L Reich Kim E Niv, Teresa L Durham Leslie M Donahue Patricia L Slaughter Don Bramlane Cheryl
Foley. Gloria A Richards Lisa Roseland Jointly or severally
in the City of Maitland . State of Florida its true and lawful Agent and Attomey in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 18th day of September , 2014
State of Illinois
SS
County of Peoria
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On this I8th day of September 2014 , before me, a Notary
Public, personally appeared Roy C. Die . who being by me duly swom,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLi Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
Notary Public
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0922656070212
RLI Insurance Company
By:
Roy C. Di Vice President
CERTIFICATE
f, the undersigned officer of RLI Insurance Company, a stock
corporation of the Stale of Illinois, do hereby certify that the attached
Power of Attorney is in full force and effect and is irrevocable; and
furthermore, that the Resolution of the Company as set forth in the
Power of Attorney, is now in force. In testimony whereof, I have
hereon set my had and nding sal of I Insurance Company
this hday of ag
RLI Insurance Company
By:
Roy C. Di Vice President
A0058514
SEBASTIAN MUNICIPAL GOLF COURSE
air OF
SE
NOME OF PELICAN ISIAND
AGREEMENT BETWEEN
THE CITY OF SEBASTIAN
and
INTERNATIONAL GOLF MAINTENANCE, INC.
AGREEMENT
THIS AGREEMENT, made this 25th day of September, 2014 by and between the City
of Sebastian, a municipal corporation (hereinafter called the "CITY"), and International
Golf Maintenance, Inc. (hereinafter called "CONTRACTOR").
WITNESSETH
The CITY and CONTRACTOR for good and valuable consideration as hereinafter set
forth, do mutually agree as follows:
1. SCOPE OF WORK
CONTRACTOR agrees to furnish all materials, equipment, labor, supervision and
services necessary to complete the work as described in the Contract Documents with
respect to maintenance at the Sebastian Municipal Golf Course.
2. CONTRACT DOCUMENTS
(a) The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the work by CONTRACTOR. The Contract
Documents are binding.
(b) The Contract Documents consist of this Agreement; the General Scone of Work
(Appendix 1); the Detailed Turf and Grounds Maintenance Guidelines (Appendix 2);
City Responsibilities (Appendix 3); and any written modifications authorized by the
City Council approved after execution of this Agreement.
3. CONTRACT SUM AND PAYMENT TO CONTRACTOR
(a) Contract Sum: The CITY shall pay to the CONTRACTOR for performance
hereunder the annual amount of $535,672 for years one (1) through three (3) (October
1, 2014 through September 30, 2017); $546,385 for years four (4) and five (5)
(October 1, 2017 through September 30, 2019); for years six (6) through ten (10)
(October 1, 2019 through September 30, 2024), the annual contract payment shall be
an escalation equal to the Southeastern Consumer Price Index as of July ls` of that
current year, not to exceed 2% of that current year's annual contract price.
(b) Contract Payments: The CITY shall make equal monthly payments on the
Contract Sum to CONTRACTOR as provided below:
(i) Each invoice for Payment by CONTRACTOR shall be submitted to the
CITY by the twenty-fifth (25th) day of a month.
(ii) Provided an invoice for payment is received by the CITY not later than the
twenty-fifth (25th) day of a month, the CITY shall make payment to
CONTRACTOR not later than the tenth (10`h) day of the following month.
If an invoice for payment is received by the CITY after the 25th, payment
shall be made by the CITY not later than twenty (20) days after the CITY
receives the Invoice for Payment.
4. CONTRACTOR'S OBLIGATIONS
(a) CONTRACTOR shall supervise and direct the work using the CONTRACTOR'S
best skill and attention. CONTRACTOR shall be solely responsible for and have
control over maintenance means, methods, techniques, sequences and procedures and
for coordinating all potions of the work under this agreement, unless the Contract
Documents give other specific instruction concerning these matters.
(b) Unless otherwise provided in the Contract Documents, CONTRACTOR shall
provide and pay for labor, materials, tools, maintenance of CONTRACTOR
equipment and machinery, transportation and other facilities and services necessary
for the proper execution and completion of the work.
(c) Unless otherwise provided in the Contract Documents, CONTRACTOR shall pay
all sales, use and other similar taxes and shall secure and pay for all permits and
government fees, licenses and inspection necessary for proper execution and
completion of the work.
(d) CONTRACTOR shall enforce strict discipline and good order among its
employees and other persons carrying out the work. CONTRACTOR shall not
permit employment of unfit persons or persons not skilled in tasks assigned to them.
(e) CONTRACTOR currently holds and shall maintain at all times during the term of
the AGREEMENT all required federal, state and local licenses necessary to perform
work required under the Contract Documents.
(f) CONTRACTOR shall be responsible to the CITY for the acts and omissions of
CONTRACTOR'S employees, Subcontractors and their agents and employees and
other persons performing portions of the work under a contract with the
CONTRACTOR.
(g) CONTRACTOR shall pay the City $24,346.87 upon execution of this Agreement.
Upon payment, City shall transfer ownership, including warranties, of all City owned
Golf Course vehicles and equipment to CONTRACTOR. CONTRACTOR will take
full responsibility for maintenance and replacement of any/all Golf Course vehicles
and equipment for the duration of this Agreement.
5. CITY'S OBLIGATION
(a) The CITY shall, at no cost to the CONTRACTOR, provide the following services
and materials or facilities:
• Electric, water and sewer service.
• Repair parts for the irrigation system.
• Adequate parking spaces designated for CONTRACTOR employees.
• Storage facility meeting all applicable standards.
(b) The CITY shall provide an on-site CITY representative at the golf course to
represent the City Manager for supervisory decisions regarding the golf course
maintenance and other related activities as outlined within the Contract Documents.
6. CONTRACTOR WARRANTS
The CONTRACTOR shall warrant to the CITY that all materials and labor furnished
under this Agreement shall be free from any and all defects and that the work will
conform with the requirements of the Contract Documents. Work not conforming to
these requirements including substitutions not properly approved and authorized, may be
considered defective.
7. CORRECTION OF WORK
(a) CONTRACTOR shall, at no cost to the CITY, promptly correct any work,
completed by Subcontractors, or employees of CONTRACTOR, that fails to conform
to requirements of the Contract Documents. CONTRACTOR shall correct any work
found to be not in accordance with the requirements of the Contract Documents
within a period of thirty (30) days from the date of receipt of written notice of default
or by the terms of an applicable special warranty required by the Contract
Documents.
(b) Nothing contained in this Paragraph 7 shall be construed to establish a period of
limitation with respect to other obligations which CONTRACTOR might have under
the Contract Documents. Establishment of the time period of thirty (30) days as
described in Subparagraph 7(a) above related only to the specific obligation to
comply with the Contract Documents may be sought to be enforced, nor to the time
within which proceedings may be commenced to establish CONTRACTOR'S
liability with respect to CONTRACTOR'S obligations other than specifically to
correct the work.
& SUBCONTRACTS
(a) A Subcontractor is a person or entity who has a direct contract with the
CONTRACTOR to perform a portion of the work.
(b) A Supplier is a person or entity who has a direct contract with the
CONTRACTOR to provide materials and/or supplies required to perform a portion of
the work.
(c) CONTRACTOR, as soon as practicable after execution of the Contract, shall
furnish in writing to the CITY the names of the Subcontractors and Suppliers to be
utilized in performing the work. CONTRACTOR shall not contract with any
Subcontractor or Supplier to whom the CITY has made reasonable objection.
Contracts between CONTRACTOR and its Subcontractor and Suppliers shall require
each Subcontractor and Supplier be bound to the CONTRACTOR by the terms of the
Contract Documents, and to assume the proportionate obligations and responsibilities
which CONTRACTOR, by the Contract Documents, assumes toward the CITY.
9. TERM
The Term of this Agreement shall be ten years (10) years, beginning October 1, 2014.
The parties reserve the right to extend the term of the Agreement for an additional term of
five (5) years on the same terms and conditions upon mutual written agreement.
10. TERMINATION
(a) For Cause: If CONTRACTOR defaults, or fails or neglects to carry out the work
in accordance with the Contract Documents, or fails to perform a provision of this
Agreement, the CITY, after ten (10) days written notice to CONTRACTOR and
without prejudice to any other remedy the CITY may have, may terminate this
Agreement.
(b) Without Cause: The CITY retains the right to cancel this Agreement at any time,
without cause, upon sixty (60) days written notice to CONTRACTOR.
(c) Payment Upon Termination: In the event of termination as provided herein,
CONTRACTOR shall be paid on a pro -rata for services performed through the date
of termination less, if termination is for cause, damages incurred by the CITY as a
result of CONTRACTOR'S failure to carry out the work in accordance with the
Contract Documents.
11. INDEMNITY
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold
harmless the CITY and the CITY'S agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to attorney's fees, arising
out of or resulting from performance of the Work, except for injuries, damages or claims
which are the result of the sole negligence of the CITY, its agents, servants, or employees
and CONTRACTOR shall at its own cost and expense defend the CITY against any such
claim, suit, action or proceeding which may be commenced against the CITY by reason
thereof. CONTRACTOR hereby acknowledges that the obligations imposed upon the
CITY and the terms of this Agreement are the specific consideration for the
indemnification provided herein.
12. INSURANCE
CONTRACTOR shall procure and maintain during the life of this Agreement insurance
of the types, and subject to the limits, set forth below. CONTRACTOR shall also
provide the CITY with evidence of this insurance prior to commencement of the work in
the form of Certificates of Insurance, which shall be subject to the CITY'S approval of
adequacy.
(a) Worker's Compensation: CONTRACTOR shall purchase and maintain, from a
company or companies lawfully authorized to do business in Florida, workers'
compensation insurance for protection from claims for damages because of bodily
injury, including death, which may arise out of or result from CONTRACTOR'S
operations under this Agreement, whether such operations be by CONTRACTOR or
by Subcontractors or by anyone directly or indirectly employed by any of the above.
This insurance shall be written for not less than the limits of liability required by law,
and Coverage B, Employer's Liability, shall be written for a minimum liability of
$100,000.00 per occurrence.
(b) Commercial General Liability: CONTRACTOR shall provide and maintain
during the life of this Agreement, at CONTRACTOR'S own expense, Commercial
General Liability insurance on an occurrence basis for a minimum of $1,000,000.00
per occurrence for claims of bodily injury including death, and $500,000.00 for
property damage.
(c) Commercial Auto Liability; CONTRACTOR shall provide and maintain during
the life of this Agreement, at CONTRACTOR'S own expense, Commercial Auto
Liability insurance on an occurrence basis for a minimum $1,000,000.00 per
occurrence for claims of bodily injury, including death and $300,000.00 for property
damage.
13. PERFORMANCE BOND
CONTRACTOR shall purchase and maintain throughout the duration of this Agreement
a Performance Bond in an amount of $150,000, unless such requirement is specifically
waived or modified in writing by the CITY. Said bond shall be with a surety insurer
authorized to do business in the State of Florida. In lieu of said bond, CONTRACTOR
may obtain and deliver to the CITY an irrevocable letter of credit from a qualified
lending institution in an amount equal to the Performance Bond required.
CONTRACTOR shall submit to the CITY proof of said surety bond or letter of credit
upon execution of this Agreement.
14. ASSIGNMENTS
CONTRACTOR shall not assign this Agreement to any other persons or firm without
first obtaining the CITY'S written approval.
15. NOTICES
All notices, requests, consents and other communication required or permitted under this
Agreement shall be in writing and shall be (as elected by the person giving such notice)
hand delivered by messenger or courier service, or mailed by registered or certified mail
(postage prepaid) return receipt requested, address to:
IF TO THE CITY: City of Sebastian
Office of the City Manager
1225 Main Street
Sebastian, Florida 32958
WITH COPY TO: City of Sebastian
Office of the City Attorney
1225 Main Street
Sebastian, Florida 32958
IF TO CONTRACTOR: International Golf Maintenance, Inc.
8390 Champions Gate Blvd.
Suite 200
Champions Gate, FL 33896-8312
16. TIME
Time limits stated in the Contract Documents are the essence of this Agreement. By
executing this Agreement, CONTRACTOR confirms that the contract times are a
reasonable period for performing the work.
17. CONFLICT OF INTEREST
(a) CONTRACTOR represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder, as provided by law. CONTRACTOR
further represents that no person having any such interest shall be employed in
performance of the work.
(b) CONTRACTOR shall promptly notify the CITY in writing by certified mail of
all potential conflicts if interest prohibited by existing state law involving any
prospective business association, interest or other circumstance which may influence
or appear to influence CONTRACTOR'S judgment or quality of services being
provided hereunder. Such written notification shall identify the prospective business
association, interest or circumstance, the nature of work that CONTRACTOR may
undertake and request the opinion of the CITY as to whether the association, interest
or circumstances would, in the opinion of the CITY, constitute a conflict of interest if
entered into by CONTRACTOR. The CITY agrees to notify CONTRACTOR of its
opinion by certified mail within thirty (3) days of receipt of notification by
CONTRACTOR. If, in the opinion of the CITY, the prospective business
association, interest or circumstance would not constitute a conflict of interest by
CONTRACTOR, the CITY shall so state in the notification and CONTRACTOR
shall, at its option enter into said association, interest or circumstance and it shall be
deemed to be not a conflict of interest with respect to services provided to the CITY
by CONTRACTOR under the terms of this Agreement.
18. COMPLIANCE WITH ALL APPLICABLE FEDERAL LAWS
The CONTRACTOR expressly agrees to comply with all laws and regulations relating to
providing services under this Agreement. The failure of the CONTRACTOR to adhere to
any known law or regulation pertaining to furnishing services under this Agreement shall
constitute a material breach of this Agreement.
19. PUBLIC ENTITY CRIME
The CONTRACTOR shall file a sworn statement with the CITY which is attached
hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida
Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in
accordance with the provisions of section 287.133 of the Florida Statutes.
20. ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Contract Documents constitute the entire
Agreement between the parties and supersede all Agreements, representations,
warranties, statements, promises and understandings not specifically set forth in the
contract Documents. Neither party has in any way relied, nor shall in any way rely, upon
any oral or written agreements, representations, warranties, statements, promises or
understandings not specifically set forth in the Contract Documents.
21. SUCCESSORS AND ASSIGNS
Except as otherwise provided in the Contract Documents, all covenants and agreements
of the parties contained in the Contract Documents shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties.
22. REMEDIES
No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise.
23. GOVERNING LAW
The Contract Documents shall be construed and enforced in accordance with and
governed by the laws of the State of Florida, and venue for any action pursuant to the
Contract Document shall be in Indian River County, Florida.
24. AMENDMENTS
Neither the Contract Documents nor any term thereof may be changed, waived,
discharged or terminated orally, except by an instrument in writing signed by the party
against which enforcement of the change, waiver, discharge or termination is sought.
25. WAIVER
The failure of any of the parties at any time to require performance of any provision of
the Contract Documents shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver by any party of any
condition or breach shall be construed or deemed to be a waiver of any condition or any
other breach of any term, covenant or warranty contained in the Contract Documents.
26. CONFLICT
In the event of any conflict between the provision of this Agreement and any attachments
hereto, the provisions of this Agreement shall prevail.
27. PUBLIC RECORDS
Contract Name: Agreement between the City of Sebastian and International Golf
Maintenance, Inc. Project Description: Maintenance of the Sebastian Municipal Golf
Course. In accordance with the requirements of Chapter 119 Florida Statutes, as
amended, the contract between the City of Sebastian and the CONTRACTOR shall
require the CONTRACTOR to:
(a) Comply with the public records law of the State of Florida, as the same may be
amended from time to time.
(b) Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform services, and
(c) Provide the public with access to public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law, and
(d) Meet all requirements of retaining public records and transfer, at no cost, to the
City all public records in possession of the contractor upon termination of the
contact and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
IN WITNESS WHEREOF, the CITY has hereunto subscribed and CONTRACTOR has
affixed its name on the date first set forth above.
ATTEST (SEAL):
Sally A. M ' , MMC
City Clerk
THE CITY OF SEBASTIAN
Joe Griffin
City Manager
APPROVED AS TO FORM AND LEGALITY FOR
RELIANCE BY THE CITY OF SEBASTIAN ONLY:
Robert A. Ginsburg, City Attorney
Signed, sealed and delivered
In the presence of:
Print Name: • 4 &
CONTRACTOR
International Golf Maintenance, Inc.
By: o V'
Name: _ ?U(71)CC
Title: ]0—J-Z0I4
ECU T DiiF
SEBASTIAN MUNICIPAL GOLF COURSE
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;am�I1a CC -1 PE. �L'_ 1CAN ISLAND -:
AGREEMENT BETWEEN THE CITY OF SEBASTIAN
and
INTERNATIONAL GOLF MAINTENANCE, INC.
GENERAL SCOPE OF WORK
GENERAL SCOPE OF WORK
The following General Scope of Work is intended to 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.
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.
General Scope of Work -
A. Successful contractor must currently perform golf course maintenance on at least
five (5) different eighteen (18) hole United State Golf Association -rated golf
courses throughout the state of Florida.
B. Contractor shall provide and assume cost for total payroll, benefits, and uniforms
for all maintenance employees.
C. Annual fertilizer program for tees, greens and all fairways and rough as further
outlined in the Turf and Grounds Maintenance Guidelines.
D. 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.
E. Preventative maintenance and repairs of all CONTRACTOR owned golf course
maintenance equipment on site, including reel and bedknife grinding and
sharpening.
F. Preventative maintenance and repairs on entire irrigation system downstream of
the main irrigation station.
G. All maintenance activities must be coordinated with the Director of Golf.
H. Bi -annual soil analysis to help determine fertilizer programs. Soil analysis must
be conducted by a recognized laboratory or University.
I. 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.
J. All licenses and permits including a Restricted Use Pesticide License in the
Ornamental and Turf Category, OSHA, right -to -know -laws, drug free workplace
and SARA title compliance for all employees. Must comply with all applicable
federal laws, including, but not limited to, The Clean Air Act, The Endangered
Species Act, The Fish & Wildlife Coordination Act, The Safe Water Drinking Act
Section, The Wild & Scenic Rivers Act, The Civil Rights Act, The Age
Discrimination Act and the Americans with Disabilities Act.
K. 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.
L. Compliance with all rules and regulations of debt covenants.
M. Fuels and lubricants for all turf grass maintenance vehicles and equipment and
compliance with all laws, rules and regulations for storage, use and disposal.
N. 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.
O. Land-based telephone at maintenance facility. Head Golf Course Superintendent
must also possess a cellular phone, in order to immediately respond to Director of
Golf at any time.
P. Trash removal at maintenance facility for domestic trash.
Q. Responsibility for any fines, penalties, etc. from any state, federal or local
agencies for non-compliance with laws, rules or regulations.
R. Bi -monthly safety and general meetings with maintenance staff (attended by
Director of Golf at discretion).
S. Inspection of SMGC by U.S.G.A. agronomist when requested by Director of
Golf, not to exceed two (2) inspections per year.
T. Must provide SMGC and the City of Sebastian with evidence of insurance in the
form of Certificates of Insurance.
U. Must provide and maintain worker's compensation insurance.
V. Must provide and maintain Commercial General Liability insurance on an
occurrence basis for a minimum of $1,000,000 per occurrence for claims of
bodily injury including death and $500,000 for property damage.
W. Must provide Commercial Auto Liability insurance on an occurrence basis for a
minimum of $100,000 per occurrence for claims of bodily injury, including death
and $300,000 for property damage.
X. Must provide and maintain a Performance Bond in an amount equal to 100% of
the face amount of the Contract Sum. The Performance Bond must be with a
surety insurer authorized to do business in the State of Florida.
SEBASTIAN MUNICIPAL GOLF COURSE
c.TPY OF
AGREEMENT BETWEEN THE CITY OF SEBASTIAN
and
INTERNATIONAL GOLF MAINTENANCE, INC.
DETAILED TURF AND GROUNDS MAINTENANCE
GUIDELINES
Detailed Turf and Grounds Maintenance Guidelines
Turf and Ground Maintenance Guidelines provides additional detail and information on
performance objectives required by the Contractor.
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.
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 per
summer. 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.
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
which will maintain color and overall quality of putting green turf, which would
include appropriate fertilizer applications, with emphasis on sulfate.
Tee Surface (on course and all practice tees)
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.
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.
D. Weed Control — tees must be kept weed -free to the extent it is currently possible
with modern cultural practices.
E. Insect Control — all tees must be treated as required to control insect activity and
prevent damage to the turf.
F. Vertical Mowing — all tees must be vertically mowed a minimum of six (6) times
per year.
G. Aerification — all tees must be core aerified a minimum of three (3) times between
the months of May through October.
H. 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.
I. 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
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.
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.
Landscape Areas — (all areas within 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 clubhouse, bag drop and area
around 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 — all plant material 15 feet or less (trees, shrubbery and ground
covering) must be trimmed as necessary to provide for good appearance,
protection from the wind and insect damage.
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 barn and starters station. Flower Beds and other
areas specified by the Director of Golf must also contain mulch of the SMGC
choosing.
Irrigation
A. Contractor must provide all necessary labor to maintain irrigation systems. Must
be responsible for normal repair or replacement of all sprinkler heads, valves,
wiring, pipe and controllers downstream of the pump station. Parts and materials
will be provided by SMGC.
B. The irrigation station will be serviced and maintained on a regular basis, not less
than twice per year at the expense of SMGC.
C. Contractor must be extremely familiar with all phases of irrigation operations,
with emphasis on the Osmac System and the Hoover Irrigation Flowguard
centrifugal system. Total number of irrigation heads on SMGC property is
approximately 610.
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.
Sand Bunkers
A. Greenside sand bunkers must be mechanically raked a minimum of five (5) times
per week. Fairway sand bunkers must be mechanically raked a minimum of three
(3) times per week. Daily inspection of all bunkers and hand -raking obvious
footprints 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 a minimum of 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) of bunker sand per year.
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.
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.
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.
Golf Course Supplies
The contractor shall be responsible for:
A. Replacement of all flags, flag sticks and cups as needed for a maximum of two (2)
change -outs per year. SMGC will be responsible for covering costs associated
with replacement of flags, flag sticks, ball washers and tee markers as a result of
acts of vandalism and/or theft.
B. Providing 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 on a
weekly basis.
C. Reasonable repairs and painting to ball washers, tee markers and water coolers
(not electric).
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 request) move or relocate all out-of-bounds and
hazard stakes.
Staffing
A. Contractor must provide enough full-time staffing to accomplish the General
Scope of Work that meets the approval of City Officials. Contactor must have a
designated Head Golf Course Superintendent on site on a full-time basis.
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. Must enforce strict discipline and good order among employees and must not
permit employment of unfit persons not skilled in tasks assigned regarding golf
course maintenance.
D. Contractor must follow all regulatory personnel laws as prescribed by the
appropriate governing agency.
Equipment
A. Contractor must maintain & provide parts for all golf course maintenance
equipment and provide accurate, complete and detailed records of such
maintenance, both preventative and repair -oriented. Contractor must provide all
types of equipment which will be necessary to adequately and completely satisfy
all golf course maintenance tasks as outlined in the guidelines, requirements,
specifications and scope of work.
SEBASTIAN MUNICIPAL GOLF COURSE
CITY O
Ir
rim
AGREEMENT BETWEEN THE CITY OF SEBASTIAN
and
INTERNATIONAL GOLF MAINTENANCE, INC.
CITY OF SEBASTIAN RESPONSIBILITIES
APPENDIX 3
THE CITY OF SEBASTIAN'S (SMGC) RESPONSIBILITIES
The following outlines responsibilities the City of Sebastian will assume during the
SMGC Grounds Maintenance Contract.
A. Provide a storage facility complete with 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 (septic).
E. Electrical service.
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. Costs for USGA agronomist.
M. Specialized equipment costs for irrigation system.
N. City to maintain Drainage/Stormwater system.
DESCRIPTION
STATUS
TAG #
SERIAL/PARCEL
CLASS CD
SUBCLASS
DATE ACQ
ACQ COST
Book Value 10/1/14
WORKMAN MODEL 7279 PERSONNEL CARRIER
A
2145
312Q00913
60
668
12/04/12
7,108.00
4,501.73
WORKMAN MODEL 7279 PERSONNEL CARRIER
A
2146
312000914
60
668
12/04/12
7,108.00
4,501.73
TORO GREENSMASTER 3150 TRIPLEX MOWER
A
2143
312000995
60
673
12/03/12
21,980.00
13,920.67
TORO GREENSMASTER 3150 TRIPLEX MOWER
A
2144
312000998
60
673
12/03/12
21,980.00
13,920.67
CLUB CAR CARRYALL
A
1390
EG0518501590
60
670
11/29/04
5,756.00
0.00
2010 CLUB CAR CARRY -ALL TURF
A
2198
461048-154036
60
670
10/01/10
1,350.00
0.00
2007 CLUB CAR CARRY ALL TURF
A
2199
HG0740-818625
60
670
10/01/07
1,350.00
0.00
1999 CLUB CAR CARRY ALL TURF 2
A
2201
XG9943-820031
60
670
10/01/99
1,350.00
0.00
CARRY ALL 11 1997 GASOLINE CUB CAR W/ 9.
A
606
EG9747-624265
60
670
07/31/97
4,655.00
0.00
KUBOTATRACTOR-LOADER-BACKHOE-BUCKET
A
1218
81603
60
672
08/20/02
20,755.00
0.00
KUBOTA BACKHOE
A
798
L2650-10056
60
672
12/31/91
15,500.00
0.00
GREENSMASTER 3250 TRIPLEX RIDING MOWER W
A
1388
240001136
60
673
12/13/04
20,358.00
0.00
VERSA -GREEN 1860PS GREENSMOWER
A
1883
60
673
09/30/08
15,195.00
0.00
CUTTING UNIT GREENSMOWER (3)
A
1884
60
673
09/30/08
2,949.75
0.00
RYAN MODEL 544283 MATAWAY HAND VERTICUTT
A
785
91109-507075
60
673
12/31/91
2,783.00
0.00
RYAN MODEL 544844SOD CUTTER
A
786
91109-504402
60
673
12/31/91
2,740.00
0.00
THATCHING REEL
A
817
60
673
09/30/81
1,235.00
0.00
MUD PUMP
A
937
60
676
09/30/99
1,420.00
0.00
2 POST LIFT WITH TURF ADAPTERS
A
1455
09860BN19802
60
677
03/18/05
4,595.00
0.00
ICE - 0 - MATIC S/S 1109/811
A
1882
06101280014699
60
677
06/20/08
2,467.40
0.00
1000 EXPRESS DUAL REEL GRINDER
A
2030
60
677
08/08/10
2,750.00
0.00
2000 ANGLE MASTER AUTOMATIC G RI NDER
A
2031
ED1000/9983
60
677
08/08/10
2,250.00
0.00
WESTERN EQUIPMENT HYDRAULIC LIFT
A
809
23525
60
677
01/31/88
750.00
0.00
MTDS TIRE CHANGER 8"" RIM
A
814
2526586
60
677
01/31/90
500.00
0.00
JOHN DEERE TRACTOR
A
231
CD4239T944903
60
673
01/31/90
38,795.00
100.00
TORO REELMASTER 5 GANG ROUGH MOWER
A
33455-21000243
60
673
09/09/14
100.00
100.00
1991 TORO PARKMASTER TRACTOR - RECONDITI
A
1981
33677-60177
60
673
12/20/09
10,000.00
333.33
TORO GREENSMASTER 3150
A
2109
311001209
60
673
10/25/11
23,406.00
9,362.40
VIBRATOROY PLOW
A
2165
330122
60
673
05/01/13
7,100.00
5,088.33
TAYLOR -WAY DUMP TRAILER
A
2065
900145908
60
681
11/30/10
4,699.00
1,018.12
252,985.15 52,846.98
HOME OF PELICAN
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAX (772) 589-5570
September 25, 2014
Greg A. Plotner, CGCS
Executive Vice President
International Golf Maintenance
8390 Champions Gate Blvd.,
Suite 200
Champions Gate, FL 33896-8312
Dear Mr. Plotner:
This is to advise, that at their Regular City Council Meeting, held on Wednesday, September 24, 2014,
members of the Sebastian City Council approved the Agreement between the City of Sebastian and
International Golf Maintenance, Inc., to furnish all materials, equipment, labor, supervision and services
necessary to complete the work in respect to maintenance at the Sebastian Municipal Golf Course.
As stipulated in the Agreement, you are required to submit a Performance Bond in the amount of
$150,000 and Liability and Worker's Compensation Insurance Certificates, in the amounts designated in
the Agreement. Upon the receipt of these documents, a signed Agreement will be forwarded to you for
final execution.
In the meantime, if you should have any questions or concern, please feel free to contact the office of
the City Manager, at 772-388-8200.
Sincerely,
Jean M. Tarbell
Executive Assistant