LEGAL NOTICE

Golf Course Maintenance Services for

Westborough Golf Club Contract #: FY2027-001

The Town of Westborough is accepting Proposals to provide all labor, materials, equipment and supervision necessary for professional golf course turf & grounds maintenance services for the Westborough Golf Club for a period of three years from January 1, 2027 through December 31, 2029. All Proposals shall be submitted to the Town of Westborough Accounting Office, 2nd Floor, Town Hall, 34 West Main Street, Westborough, MA 01581 on or before 3:00PM on Tuesday, December 1, 2026. No faxed or e-mailed proposals will be accepted.

Bid Documents will be available online beginning at 9:00 AM on October 26, 2026, at https://www.bidnetdirect.com/massachusetts/townwestborough. All plan holders must have an active online account on www.bidnetdirect.com to acquire documents, receive project notifications, submit questions and receive addenda. It is the responsibility of prospective proposers to check www.BidNetDirect.com for new information via any addenda to this solicitation.

An optional pre-proposal conference/site visit will be held at the Westborough Golf Club, 121 West Main Street, Westborough, MA 01581 at 11:00 AM on Wednesday, November 4th, 2026.

Questions regarding this RFP should be emailed to Jennifer Kirkland at jkirkland@westboroughma.gov and have the subject line “FY2027-001 – Questions for Golf Course Maintenance Services”. The deadline for submitting questions is Thursday, November 19, 2026, at 4:00 P.M. Addenda will be posted on BidNetDirect.com and will be distributed to all Plan holders registered on BidNet.

The bidding and Award of this Contract will be under the provisions of M.G.L. c. 30B. The Town of Westborough reserves the right to accept any bid, in whole or in part, to reject any/or all bids and to waive minor irregularities and/or informalities as it deems to be in the best interest of the Town.

The Town is an Equal Opportunity Employer and encourages MBE/WBE/DBE participation in response to the bid process.

Jaclyn Bonner Procurement Officer https://www.bidnetdirect.com/massachusetts/townwestborough mailto:jkirkland@westboroughma.gov

Town of Westborough Request for Proposals for Golf Course Maintenance Services at the Westborough Golf Club Contract #: FY2027-001

Table of Contents

I. General Information

II. Scope of Services

1) General Specifications

2) Course Maintenance Specifications

3) Equipment

4) Information Reporting and Record Keeping

5) Staffing

6) Other Conditions

IV. Proposal Requirements

V. Indemnification and Insurance Requirements

VII. Evaluation- Comparative Criteria

A. Proposer’s Experience – Golf Course Maintenance…………………………..12 B. Proposer’s Educational and Training Qualifications…………………………12 C. Staffing Plan………………………………………………………………………13 D. Evaluation Overall Quality of the Proposal and Operational Plan…………13

VIII. Rule for Award

IX. Additional Contract Terms and Conditions

Non-Collusion Form and Tax Compliance Form

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I. General Information

This Request for Proposal is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 16 and all lease documents will be awarded in accordance with this Request for Proposal and applicable law. If it becomes necessary to revise any part of the RFP or otherwise provide additional information, one or more addendum will be issued to all prospective Bidders who are on record of downloading or requesting the original RFP pursuant hereto.

Because of the need and interest in seeking an appropriately qualified entity that will provide the services sought, the Town is using the RFP process, as appropriate pursuant to Section 16 of Chapter 30B, and comparative criteria to judge this procurement based on a number of criteria.

The RFP process will enable the Town to provide higher and lower ratings to bidders when comparing qualifications and capabilities to select the most advantageous proposal taking into consideration all evaluation criteria, including financial benefit to the Town.

The Town of Westborough (“TOWN”) has an area of land together with buildings consisting of approximately 66.7 acres constituting a nine-hole golf course and accessory buildings, located at 121 West Main Street, more commonly known as the "Westborough Golf Club" (“GOLF CLUB”) and operated under the Town’s Recreation Department.

The successful proposer (“CONTRACTOR”) will report to the Recreation Director or her/his designee.

The mission of the Westborough Golf Club is to provide a premier municipal golf course for players of all ability levels, offer affordable memberships and greens fees, a quality golf course, in a welcoming environment for Westborough residents and the area golf community.

The TOWN desires to employ the services of an individual/private CONTRACTOR skilled and experienced in the care and maintenance of golf course grounds. The CONTRACTOR will be qualified by training and experience to perform the services required by the Town.

II. Scope of Services

The successful CONTRACTOR will provide for the overall care of approximately 66.7 +/- acres on which the Town of Westborough operates a nine-hole municipal golf course. The contract period will be January 1, 2027 through December 31, 2029 for a total performance period of three

(3) years. The Town shall have the option, at its sole discretion, to renew the contract for two additional one-year terms: January 1, 2030-December 31, 2030 (Year 4) and January 1, 2031 – December 31, 2031 (Year 5).

The scope of services to be provided include, but are not limited to, the following:

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A. General Specifications

1) All of the specifications, terms and conditions as specified in all documents which constitute this Request for Proposal shall be applicable to any resulting Contract Agreement.

2) The hours during which the CONTRACTOR will perform maintenance operations shall at a minimum be consistent with the needs and hours of operation of a municipal golf course.

It is required that the hours extend into the evening. Generally, the normal work hours shall extend from dawn to dusk during the peak season of March through December. It is understood and agreed that the CONTRACTOR is responsible for performing the duties outlined herein on a year-round basis and that the successful CONTRACTOR will maintain equipment and the facilities as needed throughout the year.

3) The CONTRACTOR will operate only in specified areas of the golf course.

4) The CONTRACTOR shall secure, at his/her expense, all the necessary licenses which are now or may be required later for each phase of the operation.

5) The attention of prospective proposers is directed to the fact that the municipal golf course is primarily for the use of the public for golfing purposes. The public’s rights to use shall not be infringed upon by any activity of the CONTRACTOR. The activities of the CONTRACTOR shall be undertaken in a manner that encourages the public to use the services of the golf course.

6) The CONTRACTOR will make available at all times proper safety equipment for all personnel. The CONTRACTOR will be responsible for ensuring that all safety equipment is updated, available, maintained and properly stored. The CONTRACTOR will be responsible for complying with all OSHA safety requirements and properly training all personnel on equipment safety and the proper use of all equipment.

B. Course Maintenance Specifications

1) The CONTRACTOR will be responsible for removing all fallen leaves and other debris from the golf course grounds in a timely manner, and as often as is necessary, minimizing the loss of golf balls and minimizing time needed for play.

2) The CONTRACTOR will be responsible for discovering and removing all litter and rubbish daily from the golf course and parking lot areas. The TOWN will provide a dumpster at the golf course and the CONTRACTOR shall have access to the dumpster for the purpose of disposing of litter collected at the course. The TOWN will be responsible for all refuse removal costs.

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3) Vandalism: Any damage caused by abnormal weather conditions or vandalism is the responsibility of the CONTRACTOR to repair the course to its previous condition. Any such damage shall be reported to the Recreation Director or her/his designee.

4) Greens: Greens will be cut by hand-mowing as required to maintain a cut of 3/16” inches and to provide a reasonable putting surface. Normally this would amount to a minimum of four cuts per week including Saturday and Sunday. Greens shall be whipped of moisture if not cut. Greens are required to be cut on all days a tournament is scheduled. Cups are to be moved daily to prevent excessive wear. USGA standards are in effect.

a. Water daily; morning, evening, and midday, during hot spells as required to prevent burn out. Fertilize and chemical treat with insecticides as required to prevent disease. Protect with branches or fencing, to prevent damage by winter sport participants. Cover and winter. USGA standards in effect.

b. Environmental; place caution signs on pro shop door, and each Green chemically treated for Publix awareness. Notify the public when aeration is scheduled, or temporary greens are in affect a week in advance.

c. Aeration; aerate throughout the season, normally twice per year. Apply sand as required to prevent hardness while maintaining putting condition conducive to reasonable golf play.

d. Fringe; the fringe shall consist of two cuts – first cut on fringe and fairway cut outside of fringe area.

e. Seeding: as required using bent grass seed

f. Repair: repair greens, damaged by vandalism, or any other mechanism promptly to prevent further loss.

g. Rolling; greens are to be rolled on a regular basis, as prescribed by golf industry standards.

5) Tees: Water daily and cut by hand, mowing four times per week to a height not to exceed three-quarter inches. Marker should be rotated daily to different locations, both laterally and horizontally to allocate where in a uniform manner. The entire width of the tea should generally not be utilized daily. Maintain enough sand/seed mix on all tees. Fill in divot marks on tees on a regular basis, not less than weekly on par three holes, and not less than biweekly on other holes. USGA standards are in effect.

Lime, send dress, aerate, seed, and fertilize as required to maintain maximum playing condition. There should be done, at least twice a year, more frequently is playing conditions warrant.

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6) Fairways and rough: the fairway and rough playing areas should be cut, weather, permitting, to permit, reasonable play. They should also be aerated on a regular basis, at least once per year. USGA standards are in effect.

a. Fairways: the fairway should be cut to a height of 1/2 inch, not to exceed three-quarter inches. Fairway divots, particularly in the area within 100 yards of the greens to be filled with a sand/seed mix at least once a month. As an alternative, the CONTRACTOR should work with the golf course manager, to have sand/seed mixture on the golf carts for the golfers to apply and divots.

b. Step cut: an area, at least 3 feet wide between Fairway, cut and rough cut, cut to a maximum height of 1 inch.

c. Rough: cut so as to maintain a maximum of 3 inches. It is desirable to maintain the roof so that the balls are easy to locate and keep search delays to a minimum. The rough should be caught in such a manner as to provide a distinctive line between the step cut and rough. Fertilized, lime, and seat is required to maintain suitable playing conditions.

d. Lateral water hazards: to be kept cut down and cleaned to allow proper water, drainage and expedite play. Potholes and animal dens to be kept filled at all times to prevent personal injury to players.

7) Trimming: all trees and bushes on course to be kept neatly trimmed to limit excessive growth. Poison ivy shall be controlled, (removed or killed) on trees in along the edge of rough.

8) Sand traps: sand traps shall conform to standards established by the USGA. Reasonable lips should be provided to prevent putting out of them toward greens. Traps should contain sufficient loose Santa permit, reasonable send shots. Traps are to be hand, raped, loosened and smooth as needed on some occasions, and on a daily basis, prior to using the sand pro before the start of play. Caution: send pro to be used in a manner that does not cause damage to trap lips.

9) Records: the superintendent is required to maintain a daily work log, acceptable to the recreation, Director, which identifies work items performed each day. This would include the number of greens, cut, fairways, mowed, tees, mowed, chemical applications, fertilizer applied, weed and insecticides used, etc. The daily work log shall be located in a place that provides the Recreation Director or her/his designee access for review.

10) Course alterations: alteration of the course or property is not permitted without the prior approval of the Town if a golf course architect may be required. This includes golf cart paths, sand, traps, greens, cheese, buildings, driveways, material storage areas, parking, lots, out of bounds, hazard markers, drainage, ditches, trees/shrubs, etc.

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11) Ball washers and towels: ball washers are to be filled at least once a week to maintain adequate volume of fluids; replace old towels as needed.

12) Markers: lateral water, hazards, out of bounds markers, and 150-yard fairway marker should be kept in proper locations and repaired/replaced when damaged or missing. Flush fairway distance markers (50-yard, 100-yard, 150-yard and 200-yard) and granite tee markers are to be clear of grass and are to be clearly marked and painted.

13) Clubhouse/restaurant: All grass surrounding the clubhouse and restaurant is to be mowed and kept in golf course condition. This includes the grass between the sidewalk and the street.

14) Irrigations System: The CONTRACTOR shall be responsible for repair and maintenance of the irrigation system. This shall include the following:

a. Repairing/replacing any sprinkler heads or valves not operating as required

b. Raising and leveling all sprinklers, valve boxes, and quick couplets in the spring, and on an ongoing basis to ensure proper operation, safety, and sprinkler distribution.

c. Providing an ongoing preventative maintenance to the irrigation, equipment and pump systems as recommended by the manufacture of the various equipment and is called for in specifications.

d. Winterizing the system using compressed air at the system Shelby blown out in such a manner to ensure that all water is evacuated from the system. The pump house she’ll also be winterized. All above ground piping shall be drained.

C. Equipment

1) The CONTRACTOR shall have access to use of the Town-owned equipment listed in Appendix A. The CONTRACTOR shall limit its use of this equipment to Westborough Golf Club premises at 121 W. Main Street. The superintendent is responsible for ensuring that all town provided equipment is properly maintained and operating in such a manner that damage through, neglect, or lack of operator experience by an inexperienced operator does not occur. Equipment shall be cleaned and inspected on a frequent basis. Defective equipment is not to be used at any time and the Recreation Director or her/his designee must be notified on a timely basis of any unsafe equipment or condition.

2) Equipment owned by the Town shall not be removed from the premises without the approval of the Recreation Director or her/his designee or designee.

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3) The CONTRACTOR shall be solely responsible for the provision of any additional smaller maintenance equipment necessary to perform his/her contractual duties, including but not limited to items such as chain saws, weedwhackers, leaf blowers, small push mowers and hand tools. The CONTRACTOR shall also be solely responsible for the provision of spray tank. The CONTRACTOR will provide a list of these items to the Recreation Director or her/his designee for recording purposes so that upon termination of the contract, the CONTRACTOR shall be entitled to only the equipment on this list.

4) The CONTRACTOR will maintain all areas of the facilities allocated to his/her function including all clean up and maintenance of same facility areas. The sanitary criteria will be determined by the Westborough Board of Health and its rules and regulations. The CONTRACTOR and all its employees must conform to all local Board of Health rules and regulations.

5) The CONTRACTOR will not permit refuse to accumulate or gather in or about the building areas occupied by the CONTRACTOR except in suitable covered receptacles which will be provided by the CONTRACTOR.

6) The CONTRACTOR and the Recreation Director or her/his designee will develop a written maintenance program schedule that includes oil and filter, changes, lubrication, blade, sharpening, etc. All equipment must be always operated by authorized personnel in a safe manner to prevent personal injury. Operators must be covered by the CONTRACTOR’S liability and workers compensation insurance policies. It is the responsibility of the CONTRACTOR to ensure that all operators are following insurance policy requirements.

7) The CONTRACTOR shall be held solely responsible for any damage to the storage facility, and any other facilities on the golf course caused by his personal and/or his or the town’s equipment.

8) No equipment or vehicles other than those required for on-site use at the golf course may be stored on the premises.

D. Information Reporting and Record Keeping

The CONTRACTOR shall keep a complete record of all activities performed, including the following:

1) The CONTRACTOR shall prepare a monthly operations report for submission to the

Recreation Director or her/his designee detailing all revenues, expenses, course utilization, and other activities in a format to be mutually agreed upon by CONTRACTOR and the Recreation Director or her/his designee.

2) The CONTRACTOR shall adhere to the requirements of Massachusetts General Laws Chapter 111F (“Right-to-Know”) that are applicable to public sector employees, including

Page | 7 maintaining Safety Data Sheets for all products used and labeling containers in with chemicals or chemical derivatives are stored.

3) The CONTRACTOR shall present to the Recreation Director or her/his designee a suggested/recommended plan for course improvements. The improvements, if made, shall become part of the course and the CONTRACTOR shall hold no claim to the property improvements.

E. Staffing

The CONTRACTOR shall maintain adequate staffing levels to ensure all services outlined herein are provided in an efficient and professional manner for the duration of the contract and shall designate an individual (the “SUPERINTENDENT”) responsible for the on-site supervision of staff and overall management of this agreement. In addition to the SUPERINTENDENT, the CONTRACTOR agrees to maintain a staff of at least two (2) full-time equivalent employees capable of performing the work specified in this RFP. It is understood the CONTRACTOR will also rely on additional seasonal/part-time staff to perform the requirements herein.

1) The CONTRACTOR shall always have an experienced employee (SUPERINTENDENT) at the golf course capable of fully handling problems as they relate to the requirements of this RFP. The conduct of the CONTRACTOR’s employees will be subject to reasonable regulation by the Town.

2) The CONTRACTOR must show proof of a CORI (criminal Offender Record Investigation) for each employee that will provide services under this Agreement. The CONTRACT will be required to have a sexual harassment policy in place.

3) Whenever the Town notifies the CONTRACTOR in writing that an employee of the

CONTRACTOR, while performing maintenance services under this Agreement, is incompetent, disorderly, under the influence of alcohol and/or drugs, uses insolent or offensive language to members of the public or is otherwise acting unsatisfactorily in any manner, the CONTRACTOR shall promptly investigate such complaint. If the CONTRACTOR is unable to correct the problem the CONTRACTOR shall no longer assign such an employee to perform maintenance services at the golf course under this agreement.

F. Other Conditions

1) The TOWN will be responsible for snow removal from the parking facilities. The CONTRACTOR shall be responsible for the removal of snow and treating of surfaces on all adjoining walkways to and from the garage facilities.

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2) The CONTRACTOR will not permit any agent of employee to remain in the building locations occupied by the Management for a period of time longer than is necessary to secure the premises and to perform minor clerical work after the close of operations.

3) Signage advertising the CONTRACTOR’s business will not be allowed or displayed without the approval of the Recreation Director or her/his designee and will be subject to the Town’s regulations.

4) The CONTRACTOR may, from time to time, be required to do other tasks, as assigned by the Recreation Director or her/his designee. These may include, but are not limited to the following:

a) Repairing drainage systems, including flushing, drain line be.

b) Repairing cart paths themselves and the area adjacent to same

c) Repair and upkeep at the rail fence in front of the golf course facility.

It is understood that such tasks will be done during the regular work week by the CONTRACTOR and is part of his daily functions.

5) The CONTRACTOR shall have exclusive use of the 300-gallon gasoline storage tank located at the golf course for the purpose of fueling the mowers and other equipment used to perform the scope of services within this RFP. The CONTRACTOR shall be responsible for setting up delivery and shall be solely responsible for the costs of all gasoline used to fulfill the obligations of the agreement. These costs will not be borne, or reimbursed, by the TOWN.

6) Materials necessary to maintain the golf course, including but not limited to loam, seed, fertilizer, sand, etc., and other items such as irrigation system parts, equipment parts, shall be procured by the TOWN in consultation with the CONTRACTOR. These costs are not intended to born by the

CONTRACTOR.

III. Proposal Submission Instructions

The Town of Westborough, Massachusetts invites qualified vendors to submit proposals to provide professional turf and grounds maintenance of the Westborough Golf Club, a nine-hole municipal golf course located at 121 West Main Street, Westborough. All vendors must submit their proposals in conformance with this Request for Proposals (“RFP”) document. This RFP shall be governed by the requirements of Chapter 30B of the Massachusetts General Laws, the Uniform Procurement Act. The work contemplated under this contract is not subject to Prevailing Wages.

A. Submission Deadline & Instructions

1) In accordance with Chapter 30B of the Massachusetts General Laws, all proposals shall be separated into two sealed envelopes: one envelope containing a Price Proposal, and the other containing the non-price/Technical Proposal.

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The Technical Proposal and Cost Proposal must be submitted in separately sealed envelopes clearly marked with the proposer’s name and address, and the identification “Technical Proposal for Professional Golf Course Maintenance Services” and “Cost Proposal for Professional Golf Course Maintenance Services,” respectively. Both envelopes must be enclosed in a third sealed envelope clearly marked with the proposer’s name and address and the identification “DO NOT OPEN – SEALED PROPOSAL FOR Professional Golf Course Maintenance Services”.

NO REFERENCE TO THE COST OF THE SERVICES SHALL BE CONTAINED IN THE

TECHNICAL PORTION OF THE PROPOSAL.

2) The Price Proposal should be submitted on the attached Price Proposal Form, with the attached Tax Compliance and Non-Collusion form. The Technical Proposal shall consist of all submissions related to the performance of the Scope of Services and other non-price requirements detailed in this RFP. The Town reserves the right to accept any proposal in whole or in part, and to reject any and all proposals if it shall be deemed in the best interests of the Town to do so.

3) Proposals must be signed as follows:

a) if the proposer is an individual, by her/him personally;

b) if the proposer is a partnership, by the name of the partnership, followed by the signature of each general partner; and

c) if the proposer is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

4) One original and two copies of the proposal shall be received and registered by the

Chief Procurement Officer, no later than 3pm on Tuesday, December 1, 2026. The proposal package should be mailed to the following address:

FY2027-001 Golf Course Maintenance

Town Of Westborough Attn: Katelyn Barker 34 West Main Street

Westborough MA 01581

5) An optional pre-bid conference will be held at 11:00 a.m. Wednesday, November 4, 2026 at the Westborough Golf Club, 121 West Main Street, Westborough, MA 01581.

Attendance is not mandatory but is strongly encouraged. The pre-bid conference will provide proposers an opportunity to see the layout of the course, view the equipment and to acquaint themselves thoroughly with any and all conditions.

6) Questions regarding this RFP should be emailed to Jennifer Kirkland at jkirkland@westboroughma.gov and have the subject line “FY2027-001 – Questions mailto:jkirkland@westboroughma.gov

Page | 10 for Golf Course Maintenance”. Addenda will be posted on BidNEtDirect.com and will be distributed to all Plan holders registered on BidNet. The deadline to submit questions regarding this RFP is Thursday, November 19, 2026, at 4:00 P.M.

7) All proposal prices submitted in response to this RFP shall remain firm for forty-five

(45) days following the receipt of proposals. The contract will be awarded within forty-five (45) days after the proposal submission deadline. The time for award may be extended by mutual agreement between the Town and the selected proposer.

8) After the deadline for receipt of proposals, a proposer may not change any provision of the proposal in a manner prejudicial to the interests of the Town or fair competition.

The Town will waive minor informalities or will allow the proposer to correct them. If a mistake and the intended correct language of a proposal are clearly evident on the face of the proposal document, the mistake will be corrected to reflect the intended correct proposal language, and the proposer will be notified in writing; the proposer may not withdraw the proposal after the public opening. A proposer may withdraw a proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct proposal is not similarly evident.

IV. Proposal Requirements

The following items must be addressed in a written narrative included with the RFP submission.

It is important to ensure that the information provided refers specifically to the scope of work previously described and the evaluation criteria outlined below.

A. A letter of transmittal signed by the individual authorized to negotiate for and contractually bind the successful CONTRACTOR.

B. Proposers must provide a listing of key personnel, including the name, title, role and copies of relevant certifications or training of everyone who will be providing the services described herein. Any changes to personnel assigned to this contract during the contract term shall require prior notice to the Town.

C. Proposers shall provide a Plan of Services that describes their proposed operations, taking into consideration the Scope of Services described under Section II of this RFP.

D. Proposers must provide a list of all public golf courses for which they have provided golf course maintenance services in the past ten (10) years. For each public course, provide a brief description of the services provided, contract start and end dates, and a contact name, address and phone number. The Town reserves the right to contact any of the agencies or individuals listed.

E. Proposers must complete the included Certificate of Non-Collusion and Tax Attestation Form.

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F. Proposers must provide a statement of any judicial and/or administrative proceedings pending or concluded adversely to the proposers within the past five (5) years which relate to the proposers’ performance of this type of work.

G. The Pricing Proposal Form must be included in a separate sealed envelope.

H. The successful CONTRACTOR hereby agrees to comply with all applicable federal, state, and municipal equal-employment opportunity and anti-discrimination guidelines and regulations. Failure on the part of the successful CONTRACTOR to comply with said guidelines and regulations shall, upon reasonable notice, constitute grounds for the Town of Westborough to revoke and otherwise terminate the Contract and all obligations of the Town thereunder.

I. Notwithstanding any other provision of this Contract, the Town shall not be liable for activities of the CONTRACTOR that exceed its authority, occur outside the scope of the Scope of Services contained herein, or for money considerations that exceed present appropriations of the Town for services and expenses.

V. Indemnification and Insurance Requirements

A. The CONTRACTOR shall, at its own expense, obtain and maintain General Liability and Motor Vehicle Liability Insurance policies protecting the Town of Westborough in connection with any operations included in this contract, and shall have the Town of Westborough named as an additional insured on the policies. Coverage shall be in the amount of at least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury liability and $1,000,000 per occurrence and $2,000,000 aggregate for property damage liability. The Motor Vehicle Liability Insurance, if not included in General Liability policy must have a minimum of $1,000,000 Bodily Injury and Property Damage per accident.

B. The CONTRACTOR shall also carry Workers Compensation in amounts as required by law.

C. The Town shall be included as an additional insured on each of the policies and policy endorsements. The CONTRACTOR shall name the Town and its officers, employees, and agents as additional insured with CONTRACTOR, whether liability is attributable to the CONTRACTOR or the Town.

D. All policies shall be so written that the Town will be notified in writing of cancellation or restrictive amendment at least thirty (30) days prior to the effective date of such cancellation or amendment. A certificate from the CONTRACTOR’s insurance carrier showing at least the coverage and limits of liability specified above and expiration date shall be filed with the Town before operations are begun. Such certificates shall not merely

Page | 12 name the types of policy provided but shall specifically refer to this Contract and shall state that such insurance is as required by this Contract. The CONTRACTOR shall make no claims against the Town of Westborough or its officers for any injury to any of his officers or employees or for damage to his trucks or equipment arising out of work contemplated by this Contract.

VI. Minimum Qualifications

Each Non-Price Proposal shall first be reviewed to ascertain whether the following Minimum Requirements have been met. Proposals that meet these requirements shall then be rated according to the Comparative Criteria contained in this RFP.

• Vendor has a minimum of five (5) total years of experience operating or managing 9 and/or 18-hole golf courses of comparable or greater size.

• Vendors must provide at least (3) professional references.

• Vendors must submit technical and price proposals in separate envelopes as detailed in submittal instructions.

VII. Evaluation- Comparative Criteria

The Town will evaluate further all proposals meeting the Minimum Requirements described in Section VI. of this RFP and shall be rated according to the following comparative criteria.

A. Proposer’s Experience – Golf Course Maintenance

Highly Advantageous: The proposer has more than ten (10) years of experience serving as a golf course superintendent on a public golf course delivering services similar in scope to those described herein.

Advantageous: The proposer has five (5) to ten (10) years of experience serving as a golf course superintendent on a public golf course delivering services similar in scope to those described herein.

Not Advantageous: The proposer has less than five (5) years of experience serving as a golf course superintendent on a public golf course delivering services similar in scope to those described herein.

Unacceptable: The proposer has no experience serving as a golf course superintendent on a public golf course delivering services similar in scope to those described herein.

B. Proposer’s Educational and Training Qualifications

Highly Advantageous: The proposer is a graduate of an accredited college program for Golf Course Superintendents or a related discipline and has additional relevant training or certifications. Proposer is a member of the Golf Course Superintendent’s Association of America.

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Advantageous: The proposer is a graduate of an accredited college program for Golf Course Superintendents or a related discipline. Proposer is not a member of the Golf Course Superintendent’s Association of America.

Not Advantageous: The proposer has some formal course maintenance training but is not a graduate of an accredited college program for Golf Course Superintendents or related filed.

Unacceptable: Proposer has no formal course maintenance training and no on-the-job training.

C. Staffing Plan

Highly Advantageous: The staffing proposal demonstrates highly qualified and experienced staff and adequate staffing levels to provide the services during the hours described in this RFP on a year-round basis.

Advantageous: The staffing proposal evidences qualified staff and generally adequate staffing levels to provide the services described in this RFP on a year-round basis.

Not Advantageous: Staff are relatively inexperienced and/or staffing levels may not be sufficient to provide the service levels described in this RFP on a year-round basis.

D. Evaluation Overall Quality of the Proposal and Operational Plan

Highly Advantageous: The proposal clearly and comprehensively addresses all of the requirements of this RFP and demonstrates the proposer’s capacity from a staffing and experience standpoint to deliver the services outlined in this RFP. The operation plan provides a detailed, logical, and highly efficient scheme for providing golf course maintenance services required in the RFP.

Advantageous: The proposal clearly addresses most of the requirements of this RFP and/or the proposer has demonstrated its capacity to deliver most of the services outlined in this RFP. The operation plan provides a credible scheme for providing golf course maintenance services required in the RFP.

Not Advantageous: The proposal fails to clearly address many of the requirements of this RFP and it is unclear that the proposer has the capacity to deliver the services outlined in this RFP.

Unacceptable: The operation plan is not provided with the submission in response to this RFP.

E. References Highly Advantageous: All references contacted by the Town commented substantively and positively on their experiences with the Proposer and their expertise and gave the Proposer a highly positive recommendation.

Advantageous: Most references contacted by the Town commented substantively and positively on their experiences with the Proposer and their expertise as it related to staffing, condition of the course and fulfilling all contractual obligations. If any concerns or negative experiences were raised by the reference, the reference indicated once addressed, the vendor satisfactorily resolved the issue.

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Not Advantageous: One or more references identified vendor history of repeated poor performance related to staffing, condition of the course and/or fulfilling all contractual obligations.

Unacceptable: All references identified frequent or repeated vendor poor performance related to staffing, condition of the course and/or fulfilling all contractual obligations.

VIII. Rule for Award

The Town will select the responsive and responsible proposer submitting the most advantageous proposal, taking into consideration the proposer’s experience, staff capacity, and references, as well as the proposal price.

IX. Additional Contract Terms and Conditions

The successful CONTRACTOR to whom the award is made will be required to execute a written contract, substantially in the form attached hereto as Appendix B, with the Town within ten (10) days of being notified by the Town. The contract will incorporate this RFP and the successful CONTRACTOR’s response to this RFP.

The successful CONTRACTOR will be responsible for complying with all terms and conditions contained within the RFP and the contract, in addition to all other laws, rules or regulations, as amended, which may apply to the provision of the service described herein. The Applicant will be responsible for obtaining and maintaining all required permits, licenses or other like requirements necessary to perform the duties outlined in this RFP.

The successful CONTRACTOR will promptly and completely investigate complaints made against its employees, agents and servants within seven (7) days. When warranted, the successful CONTRACTOR agrees to take appropriate action against such employee, agent or servant. The successful CONTRACTOR shall, in a timely manner, inform the Town of the results of any investigations and any disciplinary action taken. The Town reserves the right to remove any employee of the successful CONTRACTOR from providing services in the Town if the Recreation Director determines it to be in the best interest of the Town.

The successful CONTRACTOR agrees that, to the extent that such law is applicable to the duties it is to perform hereunder, it shall comply with the provisions of Chapter 268A of the Massachusetts General Laws concerning conflict of interests.

The services described herein are to be performed by the CONTRACTOR and cannot be assigned to any other person or party without consent of the TOWN.

Payment to the CONTRACTOR shall be made monthly based on terms to be negotiated upon the TOWN’S acceptance of a proposal.

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Non-Collusion Form and Tax Compliance Form

Vendors submitting a bid or proposal to provide supplies or services to the Town, or to purchase supplies from the Town, must complete and submit the following certification of non-collusion and tax compliance with the bid or proposal.

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of individual submitting bid or proposal Date

Name of business

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, the named bidder/proposer is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and CONTRACTORs, and withholding and remitting child support.

Signature of person submitting bid or proposal Date

Name of business

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Price Proposal

Having fully examined, read, and in understanding of the specifications for this job and being familiar with all of the conditions surrounding the proposed work, including any addenda for which the receipt of is acknowledged below, the undersigned proposes to complete all work as specified in the FY2027-001 documentation for the price stated below.

This proposal includes addenda numbered: __________________________

Proposals are solicited for an initial three-year contract term that is expected to commence on or about January 1, 2027 and run through December 31, 2029. The Town shall have the option, at its sole discretion, to renew the contract for two additional one-year terms: January 1, 2030- December 31, 2030 (Year 4) and January 1, 2031 – December 31, 2031 (Year 5).

Year 1 (January 1 - December 31,2027): $ __________________________

Year 2 (January1 - December 31, 2028): $ __________________________

Year 3 (January 1 - December 31, 2029): $ _________________________

TOTAL Years 1 – 3: $____________________

Year 4 -Optional (January 1 - December 31, 2030): $ ________________________

Year 5- Optional (January 1 - December 31, 2031): $_________________________

PROPOSER SIGNATURE*____________________________________________

PROPOSER PRINTED NAME:__________________________________________

TITLE:________________________________________ PHONE:_______________________

COMPANY:___________________________________________________________________

ADDRESS:____________________________________________________________________

EMAIL:_______________________________________________________________________

*NOTE: Proposals must be signed as follows: 1) if the proposer is an individual, by her/him personally; 2) if the proposer is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the proposer is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

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Appendix A – Town-Owned Equipment

Brush Fairway Mower Brush Cutter Fairway Mower

Step-cut Mower Hedge trimmer Greens Roller Chain saw

WB Greens Mower Bp blower Irrigation controllers Greens Mower

Blower Irrigation pumps Aerator Utility Tractor

Greens Mower Mower Truckster Rough Mower (2) Sweeper Robotic Lawn Mower

Trailer Robotic Lawn Mower Greens Roller Utility Vehicle (1) Rough Mower Utility Vehicle (1) Line Trimmer Trap Rake

Spreader Fairway Mower BP Blower Aerator

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Appendix B -Sample Contract

The following provisions shall constitute an Agreement between the Town of Westborough, acting by and through its Town Manager, hereinafter referred to as "Town," and __________________________, with an address of ___________________________________, hereinafter referred to as "Contractor", effective as of the ____ day of _____________________, 202__. In consideration of the mutual covenants contained herein, the parties agree as follows:

ARTICLE 1: SCOPE OF WORK:

The Contractor shall perform all work and furnish all services necessary to provide the Town with _________________________________, including the scope of services set forth in Attachment A.

ARTICLE 2: TIME OF PERFORMANCE:

The Contractor shall complete all work and services required hereunder commencing _____________, 202__ through ______________.

ARTICLE 3: COMPENSATION:

The Town shall pay the Contractor for the performance of the work outlined in Article 1 above the contract sum of $__________. The Contractor shall submit monthly invoices to the Town for services rendered, which will be due 30 days following receipt by the Town.

ARTICLE 4: CONTRACT DOCUMENTS:

The following documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein:

1. This Agreement.

2. Amendments, or other changes mutually agreed upon between the parties.

3. All attachments to the Agreement.

In the event of conflicting provisions, those provisions most favorable to the Town shall govern.

ARTICLE 5: CONTRACT TERMINATION:

The Town may suspend or terminate this Agreement by providing the Contractor with ten (10) days written notice for the reasons outlined as follows:

1. Failure of the Contractor, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement.

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2. Violation of any of the provisions of this Agreement by the Contractor.

3. A determination by the Town that the Contractor has engaged in fraud, waste, mismanagement, misuse of funds, or criminal activity with any funds provided by this Agreement.

Either party may terminate this Agreement at any time for convenience by providing the other party written notice specifying therein the termination date which shall be no sooner than thirty

(30) days from the issuance of said notice. Upon receipt of a notice of termination from the Town, the Contractor shall cease to incur additional expenses in connection with the Agreement.

Upon such termination, the Contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date as determined by the Town. Such payment shall not exceed the fair value of the services provided hereunder.

ARTICLE 6: INDEMNIFICATION:

The Contractor shall defend, indemnify and hold harmless the Town and its officers, agents, and all employees from and against claims arising directly or indirectly from the contract. Contractor shall be solely responsible for all local taxes or contributions imposed or required under the Social Security, Workers' Compensation, and income tax laws. Further, the Contractor shall defend, indemnify and hold harmless the Town with respect to any damages, expenses, or claims arising from or in connection with any of the work performed or to be performed under this Agreement. This shall not be construed as a limitation of the Contractor's liability under the Agreement or as otherwise provided by law.

ARTICLE 7: AVAILABILITY OF FUNDS:

The compensation provided by this Agreement is subject to the availability and appropriation of funds.

ARTICLE 8: APPLICABLE LAW:

The Contractor agrees to comply with all applicable local, state and federal laws, regulations and orders relating to the completion of this Agreement. This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts.

ARTICLE 9: ASSIGNMENT:

The Contractor shall not make any assignment of this Agreement without the prior written approval of the Town.

ARTICLE 10: AMENDMENTS:

All amendments or any changes to the provisions specified in this Contract can only occur when mutually agreed upon by the Town and Contractor. Further, such amendments or changes shall be in writing and signed by officials with authority to bind the Town. No amendment or change

Page | 20 to the contract provisions shall be made until after the written execution of the amendment or change to the Contract by both parties.

ARTICLE 11: INDEPENDENT CONTRACTOR:

The Contractor acknowledges and agrees that it is acting as an independent contractor for all work and services rendered pursuant to this Agreement and shall not be considered an employee or agent of the Town for any purpose.

ARTICLE 12: INSURANCE:

The Contractor shall be responsible to the Town or any third party for any property damage or bodily injury caused by it, any of its subcontractors, employees or agents in the performance of, or as a result of, the work under this Agreement. The Contractor and any subcontractors used hereby certify that they are insured for workers’ compensation, property damage, personal and product liability. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts here indicated.

General Liability

Bodily Injury Liability: $2,000,000 per occurrence Property Damage Liability $ 1,000,000 per occurrence (or combined single limit) $1,000,000 per occurrence

Automobile Liability Bodily Injury Liability: $2,000,000 per occurrence Property Damage Liability $1,000,000 per occurrence (or combined single limit) $1,000,000 per occurrence

Workers’ Compensation Insurance Coverage for all employees in accordance with Massachusetts General Laws

Prior to commencement of any work under this Agreement, the Contractor shall provide the Town with Certificates of Insurance which include the Town as an additional named insured and which include a thirty-day notice of cancellation to the Town.

ARTICLE 13: SEVERABILITY:

If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

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ARTICLE 14: ENTIRE AGREEMENT:

This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto.

ARTICLE 15: COUNTERPARTS:

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be a counterpart original.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

CONTRACTOR

By

Printed Name

Title

TOWN OF WESTBOROUGH

by TOWN MANAGER

Kristi Williams

Approved as to Availability of Funds:

Town Accountant Contract Sum