Sol_140P5120R0021.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

0009060274 CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPSE

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/09/2020 0900 ET

08/27/2020

(404)5075747Edward Dingle (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P5120R0021

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 45 0040504729OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Atlanta GA 30312-1504 450 Auburn Avenue, NE National Historic Site NPS, Martin Luther King Jr.

15. DELIVER TO

Atlanta GA 30303-8701 1924 Building 100 Alabama St., SW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS SER EAST MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Legacy Doc #: NPS Delivery: 09/13/2021 Period of Performance: 09/14/2020 to 09/13/2021

00010 Landscape Maintenance: Provide turf mowing, trimming, edging and debris removal for the Martin Luther King, Jr., NHS, Site. The areas to be service are the Visitor Center, Parking Lot, Life Home, Birth Home Block and Tennis Court.

Planting the seasonal colors flower garden in

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Edward Dingle

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

accordance with the attached statement of work

(SOW).

Product/Service Code: S208

Product/Service Description: HOUSEKEEPING-

LANDSCAPING/GROUNDSKEEPING

00020 Landscape Maintenance: Provide turf mowing, trimming, edging and debris removal for the

Martin Luther King, Jr., NHS, Site. The areas to be service are the Visitor Center,Parking Lot, Life Home, Birth Home Block and Tennis Court.

Planting the seasonal colors flower garden in accordance with the attached statement of work

(SOW).

Product/Service Code: S208

Product/Service Description: HOUSEKEEPING-

LANDSCAPING/GROUNDSKEEPING

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

Combined Synopsis/Solicitation for Commercial Services

FAR 12.603

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5120R0021 Posted Date: August 27, 2020 Original Response Date: September 09, 2020 Current Response Date: September 09, 2020 Product or Service Code: S208 Set Aside: 100% Small Business NAICS Code: 561730

Contracting Office Address:

National Park Service East Buying Office 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303

Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested, and a written solicitation document will not be issued.

The National Park Service, East Buying Office has a requirement to procure Landscaping Services for Martin Luther King, Jr., National Historic Site located in Atlanta, GA. This solicitation is a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561730, with a small business size standard of $8,000,000.00. The Product Service Code is S208;

Landscaping/Groundskeeping Services

In accordance with FAR Subpart 28, a certificate of insurance is required, and coverage must be at a minimum of: $200,000 per person; $500,000 per occurrence; and $20,000 per property. The insurance certificate must be submitted within 10 calendar days of receipt of the award.

The contractor must provide current Representation and Certifications with their proposal.

The Government contemplates the award of a single Firm-Fixed Price Contract using the BEST VALUE

– source selection procedures. All eligible and responsible sources may submit a proposal, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with the System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 561730 in the Representations and Certifications portion of SAM.gov.

A site visit is scheduled, and prospective offerors are encouraged to visit the site to satisfy themselves as to the conditions of the site before providing a proposal. Attachment 0004 covers the site information.

Place of Performance:

Martin Luther King Jr.

National Historic Site 450 Auburn Avenue, NE Atlanta GA 30312

All eligible and interested companies shall provide proposals for the following:

Services:

STATEMENT OF WORK (SOW)

1. Historical Background.

Martin Luther King Jr National Historical Park is located in Atlanta Georgia. The park was established in 1980 to preserve the places where Martin Luther King Jr was born, lived, worked, worshipped, and is buried.

The park’s mission is to protect, preserve, and interpret the natural, cultural, and historical resources in its care for the benefit and inspiration of present and future generations.

2. Required Services.

The park desires to secure a maintenance contract to care for select landscapes and associated landscape elements within the park. The contractor shall provide all labor, tools, equipment, materials and supervision required to execute the work as described in the attached drawings and specifications.

3. Terms.

National Park Service (NPS)

Martin Luther King Jr National Historic Site (MALU or Park)

NPS Contracting Officer (NPS CO)

NPS Contracting Officer’s Technical Representative (NPS COTR)

Scope of Work (SOW)

4. Attached Documentation.

Specifications and Drawings

5. Contractor Responsibilities:

a. Provide all necessary labor, equipment, materials, insurance, permits, etc., to perform the described work.

b. Dispose of unwanted materials off of Park property in accordance with local, state and federal regulations.

c. Obtain all equipment, supplies, materials and personnel protective equipment to perform the work.

d. Ensure worker and public safety around work sites. Control all traffic in and around work sites.

5. Government Furnished Property, Materials & Supplies.

None or as otherwise specified in the SOW.

6. Work Restrictions.

a. On-site work may occur during normal business hours of 7:00 am to 4:00 pm, Monday through Friday, excluding Federal holidays or as otherwise described in the SOW.

b. The COTR may be reached by mobile phone during normal business hours.

c. The contractor shall follow the guidelines and recommendation according to the Secretary of the Interior Standards for historic properties. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

d. Under no circumstances the contractor shall alter, removed, mutilate the cultural landscape features and vegetation that could create an adverse effect to the parks cultural character areas. If any action is requiring the contractor shall communicate with the park COTR.

7. Management.

The contractor shall manage all aspects of the total work effort in accordance with effective and efficient management principles and safe working practices to ensure on-time completion of this contract.

8. Safety & Environmental Compliance.

a. The contractor shall comply with pertinent provisions of the Occupational Safety and Health Act (OSHA), state, and local safety laws and regulations.

b. The contractor shall comply with pertinent local, state, and federal Environmental Protection Agency (EPA) laws and regulations.

c. The Park safety officer has the authority to issue restraint or cease-and-desist orders to the contractor when violations or unsafe acts are present and threaten Government and contractor employees or damage to Government property.

d. The contractor shall immediately report to the COTR all accidents resulting in employee injury or death or damage to property while performing this contract.

e. The park has completed a compliance consultation for categorical exclusion for

Routine Landscaping Maintenance Services.

9. Insurance.

a. The Contractor shall be insured in accordance with the State of Georgia insurance regulations. The Government is not responsible for damage to Contractor’s equipment, vehicles, tools or materials or their employees and the personal property brought on-site. The Government will not accept any liability due to contractor employee negligence.

b. Workers Compensation: The contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to this contract and shall comply with the Workman’s Compensation Laws of the State of Georgia.

c. Liability: The Contractor shall maintain a level of insurance that will protect the contractor and the Government from any claims as a result of bodily injury (including death) and property damage which may arise from and during the performance of this contract, and shall submit proof of insurance to the Contracting Officer.

10. Motor Vehicle & Traffic Regulations.

Contractor employees operating motor vehicles shall possess a valid driver's license. Driver and vehicle permits, licenses, registrations and proof of insurance shall be maintained in the vehicle at all times and made available upon request. Contractor employees shall comply with all posted speed limits and directional signage when in park. Federal vehicle motor law requires seat belts be worn at all times.

11. Existing Utilities.

The Contractor shall be responsible for locating all underground utilities before digging to prevent any safety hazards, damage or break in service to the underground utilities. If damage occurs to utilities service, the contractor will be held responsible for the cost of the utility repairs at no additional responsibility to the Government. If damage occurs to unknown utilities service, an equitable adjustment in the contract price will be made in accordance with the applicable FAR clause. Interruption of existing utilities service must have prior approval from the NPS COTR.

12. Field Verification.

The measurements and quantities specified are estimated and provided for information only.

The Contractor shall verify all dimensions and conditions affecting the work.

13. Replacement of Contractor Employee for Security Reasons.

The Government retains the right to request removal of the contractor’s employee(s), regardless of prior clearances.

14. Non-Payment for Additional Work.

Any additional contractor performed services not specified in contract, either at its own volition or at the request of an individual other than an appointed Contracting Officer, except as may be explicitly authorized in the contract, shall be performed at the financial risk of the contractor.

Only an appointed Contracting Officer is authorized to bind the Government to a change in specifications, contract terms, or conditions.

15. Conflict of Interest.

The contractor shall not employ off-duty COTR’s or other Government employees if such employment would create a conflict of interest or be contrary to the policies contained in conflict-of-interest directives utilized by the Park.

16. Contractor’s Bid Package.

In addition to other elements required in the SOW, the following deliverables are to be submitted with offer. There will be a mandatory site visit prior to the submission of bids from contractors.

a. Description of work plan activities and schedule to perform required services.

b. IPM specification and annual application schedule

c. Contractor safety plan/accident prevention plan

d. Contractor’s Quality Control Plan.

e. Letter designating job superintendent

f. List of subcontractors

g. Written labor law compliance letters

h. Proof of Insurance–Business Liability & Workers Compensation

i. Unscheduled/Extra Work Rates – See Attachment 4.

17. Inspection.

The Government will conduct inspections periodically and upon completion of the required services. Payment will be processed as described in the SOW and reflect a sum that includes adjustments related to contractor performance.

TABLE OF CONTENTS

SUMMARY OF WORK

SERVICES TO BE PROVIDED

1. General Work Requirements

2. Work Affecting Public Access

3. Description of Work

4. Sites to be Maintained

5. Unscheduled/Extra Work

6. Failure to Perform

7. Damage Caused by Contractor

8. Emergency and Complaint Response

9. Safety

10. Hours and Days of Maintenance Service

11. Contractor’s Staff

12. Signs / Improvements

13. Utilities

14. Interference with Public Use

15. Storage Facilities

16. Leaf Blower Requirements

17. Turf / Mowing Operations

18. Mechanical Edging

19. Aeration

20. Vertical Mowing

21. Use of Chemicals

22. Chemical Edging

23. Chemical Weed Abatement

24. Litter Control

25. Leaf Removal

26. Tree Pruning and Care

27. Tree Staking and Tying

28. Trees - Unscheduled / Extra Work

29. Hedge and Shrub Pruning and Care

30. Ground Cover

31. Watering

33. Maintenance Schedules

ATTACHMENTS

Attachment 1 – Map of Areas to be Maintained ...................................................................................... XX

Attachment 2 – Maintenance Treatment Plan .......................................................................................... XX

Attachment 3 – Landscape Maintenance Inspection Report .................................................................... XX

Attachment 4 – Unscheduled/Extra Work ............................................................................................... XX

Attachment 5 – Integrated Pest Management Provisions ........................................................................ XX

SERVICES TO BE PROVIDED

OVERVIEW OF SERVICES

Services may include, but will not be limited to the following; mowing, edging; approved watering of landscape plants; fertilizer application; weed, pest and disease control; approved methods and techniques used for pruning shrubs and trees; chemical controls, turf aerification; trash and debris control; ground cover care; irrigation systems maintenance; tree staking; immediate reporting of vandalism and/or safety hazards to NPS COTR; and related Integrated Pest Management (IPM) methods and practices (see Attachment 5). It will be the Contractor's responsibility, without further direction from the NPS, to meet all contract requirements in this agreement. Specific site requirements, time periods and schedules will be specified for each job required by the NPS.

1.00 GENERAL WORK REQUIREMENTS

1.01 Work to be performed comprises general horticultural maintenance, related IPM services, the operation of manual and automatic irrigation, cleanup of landscape areas as designated in the attached list of locations and, when necessary, repairs of irrigation systems and replacement of plant materials. Requirements vary by location depending upon the landscaping present.

1.02 The work to be performed shall be by a Landscape Maintenance Contractor. Contractor shall have at least two (2) years actual experience in providing landscape maintenance services for commercial and/or governmental entities.

1.03 It is the Contractor's responsibility, without further direction from the NPS COTR (except as specified herein), to assure all work is being done per specifications. Contractor shall inspect every site once per week at a minimum; regardless of minimum requirements stated on the Maintenance Performance Schedule (see Attachment 2).

1.04 The Contractor will be required to have a twenty-four (24) hour emergency phone number where he/she can be reached with no more than a fifteen (15) minute delay in call back time.

Once notified, contractor shall respond to an emergency within thirty (30) minutes. Contractor is further required to have an active email address with enough capacity to receive electronic correspondence of up to 10 Megabytes per transmission.

1.05 Contractor shall have fully trained and competent employees, who can use power equipment safely, prune trees and shrubs and install plants.

The installation and maintenance of woody plant materials will be in accordance with the techniques as defined in the current edition of the Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture, Propagation and Uses by Michael A. Dirr.

The installation and maintenance of perennial and annual plants, including ornamental grasses will be in accordance with the most recent edition of Armitage’s Garden Perennials by Allan M. Armitage. The installation and maintenance of turf grasses will be in accordance with the most current publications from the Clemson University Cooperative Extension Office. Current publications can be downloaded from the Clemson University Extension Service website at the following url: www.clemson.edu/extension/hgic/plants/landscape/lawns.

Annual plant material installed by the Contractor shall have a 120-day warranty period.

Perennial plant material installed by the Contractor shall have a 12-month warranty.

1.06 The Contractor must have a full-time employee who can competently work on irrigation systems, including the testing, rebuilding and/or replacement of valves, controllers and main irrigation line breaks.

1.07 The Contractor shall have a full-time staff employee who has a Pesticide Contractor’s License and who is registered at all times with the Georgia Department of Agriculture. Contractor will check the certification of all Subcontractors at regular intervals to verify that the Subcontractor’s Pest Control License is valid and acceptable.

The Contractor is reminded that the NPS’s Integrated Pest Management policy (IPM) goal is to implement and administer a comprehensive landscaping maintenance program that assures the quality, beauty, and overall appearance of its responsible maintenance areas while utilizing best horticultural and biological practices, and least-toxic methods to facilitate a healthy landscape environment.

1.08 The NPS COTR will make regular inspections of contract sites. Contractor shall meet as required with the NPS COTR (see Attachment 2) to review a Landscape Maintenance Inspection Report (see Attachment 3) and visit any sites deemed necessary by either party.

1.09 Contractor shall be aware of and shall comply with all applicable State of Georgia and City of Atlanta ordinances governing landscape maintenance work as applicable to the individual locations being maintained.

1.10 The Contractor shall be responsible for maintaining local property access and access to existing public cross-streets within the limits of this contract.

2.00 WORK AFFECTING PUBLIC ACCESS

2.01 PUBLIC CONVENIENCE AND SAFETY

Contractor acknowledges and agrees that public safety is of utmost importance, and Contractor agrees that during the progress of the Work, Contractor shall constantly protect and preserve the safety of the public. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the Work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the Work site, traffic lane and pedestrian closures and deliveries of material and equipment.

2.02 TRAFFIC CONTROL REQUIREMENTS

Should work affect a public street or parking area, the Contractor shall be responsible for obtaining City of Atlanta approval, creating a plan or complying with an established local government traffic control plan, providing for the maintenance of construction areas affected by http://www.clemson.edu/extension/hgic/plants/landscape/lawns the Work, protecting existing facilities in the Work area, repairing any existing facilities damaged by Contractor’s operations, and notifying the public prior to performing the Work in accordance with local regulations.

Contractor shall be solely responsible for furnishing, installing and maintaining all warning signs and devices necessary to safeguard the general public and the Work, and to provide for the proper and safe routing of vehicular and pedestrian traffic during the performance of the Work. This requirement shall be continuous for the duration of the project and shall not be limited to working hours.

2.03 Contractor shall provide safe pedestrian and disabled access through or around the work area at all times. Sidewalk closure shall comply with the all federal and state disability access laws and regulations. Contractor shall provide access to all existing driveways, adjacent parking areas, and buildings at all times unless other arrangements are made with the NPS CO or NPS COTR.

Access for emergency vehicles shall be clear at all times.

2.04 All Work shall be done in an expeditious manner so as to cause as little inconvenience to the public as possible.

3.00 DESCRIPTION OF WORK

3.01 Area/Maintenance Service Changes - The NPS reserves the right to add, delete or change areas and/or maintenance services under this contract and may do so upon giving written notification to Contractor. If these changes cause an increase or a reduction in the maintenance costs of this contract, said costs shall be adjusted and, when agreed upon, incorporated into this contract.

Contractor shall receive documentation from the NPS CO regarding any amendments.

3.02 The NPS reserves the right to provide the Contractor with supplies and materials such as irrigation components and plant materials, which the Contractor shall install at the hourly rate bid.

3.03 A General Maintenance Performance Schedule must be included with the contractor’s bid package. The General Maintenance Performance Schedule must include weekly mowing and frequency of watering, fertilization, edging and other services that will be provided for each location at the time of bid and will be incorporated into this agreement upon contract award.

Typical areas to be maintained are defined as:

a. Areas identified in Section 4.01.

b. Areas as identified in the drawings (Attachment 1)

c. Areas identified during the on-site pre-bid conference

d. Areas as detailed in the Maintenance Performance Schedule (Attachment 2)

Individual maintenance activities shall conform to the following standards:

a. The Contractor shall maintain the landscape area in a clean, healthy and well-groomed condition. All of the Contractor's work shall be performed in a professional manner, using equipment in good condition and quality materials.

Contractor shall provide the labor, materials, transportation and equipment necessary in order to provide landscape maintenance services as specified. Contractor shall provide a level of service at whatever frequency is necessary in order to maintain the landscape area in the professional manner expected, even if the frequency of service exceeds the minimum required by the NPS.

Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, turf areas, trees or shrubs. Any debris or litter which collects as a result of inclement weather or flooding, shall be removed during the next scheduled service day.

The Contractor recognizes that, during the course of this Agreement, other activities and operations may be conducted by NPS work forces and/or other contracted parties.

These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain functions of its operations and shall promptly comply with any request therefore by the NPS COTR. To the extent that any such modifications may alter the specifications in the agreement, the NPS CO will evaluate the need to amend the contract.

If a scheduled service day falls on a Federal holiday, Contractor must provide scheduled service within two days before or after the holiday.

In case of equipment failure Contractor shall notify the NPS COTR of the failure immediately and reschedule that week’s service to be completed within two days of said failure upon approval of NPS CO.

The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the NPS COTR for specialty type maintenance as set forth in Section 3.04 or, in the Maintenance Performance Schedule (see Attachment 2).

3.04 Contractor shall notify the NPS COTR within 48 hours prior to the date and time of all "Specialty Type" maintenance operations as listed in the annual schedule. "Specialty Type” operations are defined below as:

a. Fertilizer application

Turf renovation/reseeding

Micro-nutrients/soil amendments

Use of pesticide/herbicide control chemicals

Aesthetic tree pruning

Pruning of shrubs

Other items as determined by the NPS CO

4.00 SITES TO BE MAINTAINED

4.01 Sites to be maintained are generally identified as;

a. The Birth Home Block (Boulevard to Bradley Street)

b. The Visitor Center and Promenade (Auburn to Irwin Street)

c. Parking Lots, Maintenance Shop, and Tennis Court (Irwin and Cain Street)

d. 443/445 Edgewood Avenue

e. 461 Edgewood Avenue

f. Ebenezer Baptist Church and Fire Station #6

g. 234 Sunset (Life Home) work includes: gutter cleaning, bi-weekly maintenance (March-October), leaf removal (November –February).

Maps of the sites and a list of address to be maintained are shown in Attachment 1.

4.02 The sites to be maintained under the provisions of this Agreement will be examined by the Contractor prior to submitting a bid. The Contractor will be initially accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and scope of work described herein. If the site is not in a state of satisfactory condition at the time of bid award, the contractor will submit a schedule to bring the site to a satisfactory condition and will thereafter maintain the site to that standard.

4.03 The Contractor shall take adequate measures to insure that their operations do not harm any existing underground facilities. The toll-free number for Underground Service Alert (U.S.A.) is

(800) 227-2600. The Contractor is required to call this number, two working days in advance of performing excavation work.

5.00 UNSCHEDULED/EXTRA WORK

5.01 The NPS CO may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises. Should such repairs or replacements be necessary as a result of Contractor's negligence, Contractor will be responsible for completing such repairs or replacing damaged property at no additional cost to the NPS.

5.02 Contractor may not change the regular maintenance schedule or work force to do unscheduled/extra work unless authorized by the NPS CO.

5.03 In order to be considered for extra work projects both in and outside of their contracted sites, the Contractor must maintain their landscape maintenance sites in a manner that meets or exceeds NPS Standards for landscape maintenance. In all cases, the NPS CO upon advisement by the NPS COTR will determine the NPS standards.

5.04 Prior to performing any additional work, the Contractor shall give a verbal or written estimate of labor and materials to the NPS CO. No work shall commence without a verbal or written estimate. Within 48 hours of verbal or written authorization from the NPS CO, Contractor shall submit a written estimate. Should a lane closure be required for unscheduled work, cost of permit and equipment shall be detailed in the estimate. No percentage mark-up shall be added to equipment rental fees.

Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the NPS CO may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor.

5.05 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. All replacements of plant material or irrigation components shall be the same like and kind as what is missing or needed to be replaced, unless authorized by the NPS CO. Contractor is required to submit highlighted copies of receipts for materials purchased. Receipts shall be turned in with contractors invoice for said repair and replacements.

5.06 The NPS CO shall authorize verbally or in writing, any unscheduled work prior to work being done. Contractor will submit a written quote, detailing materials and labor charges used for extra work.

6. FAILURE TO PERFORM

6.01 Contractor will receive from the NPS COTR a “Landscape Maintenance Inspection Report" (see Attachment 2.), with a performance rating. Ratings will reflect work performance of Contractor at the site locations under the terms and conditions of this contract. The inspection report may include comments with recommendations for improvements, but is does not take away the contractors responsibility to maintain each site per contract specifications and to the satisfaction of the NPS.

6.02 Thirty (30) days from the expiration of the contract, the NPS CO may deem it necessary to conduct an exit inspection to assure all sites within the contract are satisfactory and per contract specifications. The contractor will be held financially accountable with deduction in payment or withholding of payment if contract sites are not ready to turn over in a satisfactory condition.

This will include, but not limited to the health of plants, proper function of all irrigation systems and weed and litter free.

6.03 If Contractor or his representative fails to perform in accordance with the terms and conditions of this contract, the NPS COTR will document the problems requiring correction on the "Landscape Maintenance Inspection Report" form, which will serve as written notice to the Contractor regarding said deficiency(ies). The NPS CO may email the report which will serve as a notice of the rating and corrections required with the date and time stated on the email. The date and time stamp of the email serves as the official notice time.

A “needs improvement” rating, will require the Contractor to correct any stated deficiency (ies) within seven (7) calendar days or as otherwise specified by NPS COTR.

An "unsatisfactory” rating will require the Contractor to correct any stated deficiency(s) within forty-eight (48) hours or as otherwise specified by NPS COTR. Upon receiving two consecutive ratings of “unsatisfactory” performance on the inspection report, a formal letter of “Failure to Comply” will be issued and two (2) weeks maintenance fees will be deducted from the monthly service fee.

A “Failure to Comply” rating represents a final notice. The NPS may at this time terminate the contract, or at the discretion of the NPS COTR, may require the vendor to correct deficiencies within 24 hours. Under this contract, should a Contractor receive more than two “unsatisfactory” inspection report warnings within a 90-day time span, a letter of “failure to comply” may be issued. If two letters of “failure to comply” are issued within 180 (six (6) months) days, the NPS may immediately terminate the contract without further notice. The warnings may not necessarily be for related deficiencies. The NPS may further, at its discretion, contract with another landscape Contractor or complete the work itself in order to affect the necessary repairs. Once the repairs are initiated by another Contractor or by the NPS, the work in progress will not be terminated. Contractor may be required to pay to the NPS or have deducted monies due by the NPS, the amount required to correct the deficiencies. In the event of a termination due to Contractor’s lack of performance, the Contractor may be precluded from bidding for up to 5 years from the date of termination. Notwithstanding the above, the NPS may terminate this contract with a 30-day formal written notice.

6.04 In the event of termination, the NPS shall be responsible only for payment of those services performed and accepted by the NPS prior to the date of termination; and Contractor and his surety may at the NPS’s option, be held liable and assessed for any and all costs for the re-procurement of the contract services.

7.00 DAMAGE CAUSED BY CONTRACTOR

7.01 Any damage to either the NPS or private property, which was caused by the Contractor, shall be repaired or replaced at the Contractor's expense and to the NPS’s satisfaction. Damages may be the result of, but not limited to:

a. Power equipment damage to trees, shrubs, turf and sprinklers.

b. Pruning methods not consistent with NPS specifications.

c. Over watering or under watering of plant materials.

d. Failure to make irrigation inspections, adjustments and repairs within schedules specified.

e. Chemical overspray or leaching or lack of chemical control.

7.02 All repairs or replacements shall be completed in accordance with the following maintenance practices:

a. Trees - the NPS COTR shall check minor damage such as bark loss from impact of mowing equipment. If in the NPS COTR’s judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at Contractors expense to comply with the specific instructions of the NPS COTR.

b. Shrubs - Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the NPS COTR.

c. Chemicals - All plant damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil reconditioned to ensure its ability to support plant life.

d. Irrigation Parts – All Irrigation parts shall be repaired and replaced with same brand of like type and kind as approved by the NPS COTR.

8.00 EMERGENCIES AND COMPLAINTS RESPONSE

8.01 Whenever, in the NPS's opinion, immediate action is required to prevent impending injury, death or damage to private or NPS property being maintained under this contract, the NPS will, at its discretion attempt to contact the Contractor to affect the necessary repairs. Should the Contractor be unreachable, as specified in Item 1.04 of this agreement, the NPS may cause such action to be taken by the NPS work force and/or other contractors, and shall charge the cost thereof to the Contractor, or may deduct such cost from an amount due Contractor. If the Contractor is unable to respond to the emergency after being contacted within the time frame specified in Item 1.04, the NPS reserves the right to effect such repairs itself or with another contractor. Should it also be determined that the necessary repairs were due to the Contractor's lack of performance under the terms and conditions of this contract or through Contractor's negligence, the Contractor may be liable for all charges to effect such repairs.

8.02 All complaints shall be abated as soon as possible after notification; but in all cases within forty-eight (48) hours or as required by NPS CO. If any complaint is not abated within forty-eight (48) hours, the NPS COTR shall be notified immediately of the reason for not abating the complaint, followed by a written report within five (5) days. If the complaints are not abated within the time specified and to the satisfaction of the NPS COTR, the total cost for eliminating the problem or completing necessary repairs may be deducted from the payments owing to the Contractor from the NPS.

9.00 SAFETY

9.01 Contractor agrees to accept the sole responsibility for complying at all times with local, County, State or other legal requirements including but not limited to full compliance with the terms of the applicable O.S.H.A. Safety Orders, so as to protect all persons, including employees from foreseeable injury, or damage to property.

9.02 It shall be the Contractor's responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as any unsafe practices occurring thereon. The NPS COTR shall be notified immediately of any unsafe condition that requires correction.

Contractor shall be responsible for making routine corrections such as, but not limited to: filling holes in all turf areas, along curbs, sidewalks, and paving, replacing valve box covers, and vehicular and pedestrian viability and clearance of trees and shrubs. Contractor shall cooperate fully with NPS in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the NPS CO within five (5) days following the occurrence.

9.03 Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc. for cracks, crevices, graffiti and deterioration and shall report any deterioration or graffiti to NPS COTR immediately.

9.04 It shall be the Contractor's responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on NPS property.

10.00 HOURS AND DAYS OF MAINTENANCE SERVICES

10.01 Contractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. Contractor may work on Saturdays and Sundays only with advanced approval of the NPS COTR.

10.02 Any modification in the hours and days of maintenance service as stated in the Contractor's Service Schedule is subject to approval by the NPS COTR. The NPS COTR shall be notified of any temporary change to the day’s service schedule by no later than 7:30 AM the morning of the scheduled change. Failure to notify NPS COTR of service day change by 7:30 a.m. may result an unsatisfactory rating for the week. Permanent changes to the Contractor’s Service Schedule shall be in writing and turned into the NPS COTR, one (1) week prior to change taking effect.

11.00 CONTRACTOR'S STAFF

11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified supervisor in the employ of the Contractor shall supervise all of the Contractor’s maintenance personnel.

11.02 Supervision - Contractor shall provide a competent supervisor during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. Contractor shall furnish the names of all such supervisors to the NPS CO prior to the commencement of a contract and further advise the NPS CO in writing of any changes.

The Contractor's supervisor will be able to communicate verbally, in writing and in English, with the NPS CO and NPS COTR.

11.03 Dismissal of Unsatisfactory Employees - Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the NPS CO, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on NPS property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract.

Contractor shall meet with the NPS CO to consider the appropriate course of action with respect to such matters and Contractor shall take reasonable measures under the circumstances to assure the NPS CO that the conduct and action of Contractor's employees will not be detrimental to the interest of the NPS and/or premises.

11.04 Contractor shall, at its own expense, establish an identification system for personnel assigned to the maintenance areas under this agreement which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services.

11.05 The Contractor shall require that all workers wear company uniforms at all times with appropriate safety gear (goggles, gloves, etc.) while performing duties at park and there should be a supervisor monitoring worker every time work is being performed. Supervisor should have proficiency in English in order to communicate with COR as needed. No advertisements or logos other than the Contractor's shall be on employee’s uniforms. Contractor’s employees shall be clean in appearance at the start of each workday.

11.06 Contractor vehicles shall be in good condition and shall have the company name and phone number clearly visible to the public at all times.

12.00 SIGNS/IMPROVEMENTS

12.01 Contractor shall not post signs or advertising material upon the site.

12.02 Contractor will remove all advertisements and election signs from the work site, including from utility poles and trees, each time site is serviced.

13.00 UTILITIES

The NPS shall provide and pay for all utilities with the exception of the telephone. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the NPS COTR. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor, as scheduled, irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage on similar sites, for the same time period. The excess cost factor, to be deducted from payments to Contractor from NPS will be presented to the Contractor by the NPS CO prior to actual deductions to allow for explanations.

14.00 INTERFERENCE WITH PUBLIC USE

Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

15.00 STORAGE FACILITIES

NPS will not provide any storage facilities for Contractor's use.

16.00 LEAF BLOWER REQUIREMENT

16.01 OPERATION WITHIN 200 FEET OF RESIDENTIAL PROPERTY

a. Hours of Operation: Use of portable gasoline-powered blowers within 200 feet of any residential property is restricted to the hours of 9:00 A.M. to 6: P.M., Monday through Saturday, and 1:00 P.M. to 4:00 P.M. on Sunday.

b. Maximum sound Levels: Blowers cannot exceed 70 dBA when used within 200 feet of any residential property and may require mufflers or other modifications to meet the 70-dBA limits. Blowers purchased after November 15, 1995 cannot exceed 65 dBA’s when used within 200 feet of any residential property.

16.02 OPERATION MORE THAN 200 FEET FROM RESIDENTIAL PROPERTY:

a. Hours of Operation: No restrictions

b. Maximum Sound Levels for Existing Equipment: No restrictions

c. Maximum Sound Levels for New Equipment: No restrictions

17.00 TURF/MOWING OPERATION

17.01 Turf shall have the appearance of being healthy and well during the entire term of the contract.

a. Irrigate as required to maintain healthy growth and appearance.

b. Lawns shall be kept reasonably free of weeds by use of selective weed killers. Turf pre-emergent applications shall be applied in February and May to control broadleaf weeds and crabgrass. The Contractor may use, upon approval of the NPS COTR, an additional broadleaf herbicide application if additional weed control is needed. Extreme caution shall be used to avoid damaging any other plants when selective weed killers are used.

c. Lawn Fertilization: Use three (3) applications of slow release fertilizers that are a complete pellet type, with appropriate amounts of nitrogen, phosphorous, potassium and trace elements during the growing season of April through September. Use cool season fertilizer October through February. The NPS COTR must approve all such applications. The Landscape Contractor shall provide an annual fertilization schedule to the NPS COTR. The Contractor shall notify NPS COTR twenty-four (24) hrs in advance of fertilizer application.

d. At the time of each application, Contractor shall submit current copies of receipts for purchase of fertilizer.

17.02 Mowing operations shall be performed in a manner that ensures a smooth surface appearance throughout the year, without scalping or allowing excessive cuttings to remain. Precautions shall be taken to prevent rutting, damage to trees, shrubs and sprinklers.

17.03 All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened.

17.04 Turf shall be maintained at heights of no less than 2 inches and should not be greater than 4" inches year-round. During winter months of November 15th through February 15th, the mowing frequency may be less, depending on inclement weather. If the NPS COTR observes during the winter months an uneven height, which presents a poor appearance, the Contractor shall mow the turf additional times as required to maintain the smooth appearance.

17.05 Before mowing operation begins, all debris including stones and limbs shall be removed.

17.06 Mowing shall be done on the same scheduled service day each week.

17.07 Walkways and gutters, etc. shall be cleaned immediately following each mowing/edging. All grass clippings shall be collected and removed from the site and disposed of at an appropriate landfill on the same day the area is mowed and edged.

17.08 Areas planted with ornamental native grass areas shall be maintained weed free as ornamental turf. Weeds shall not be allowed to exceed four (4) inches in height. Contractor shall use a pre-emergent weed control method upon notification to the NPS COTR. Contractor shall be required to hand pull weeds upon direction of the NPS COTR. Native grass areas will be mowed two (2) times per year and all clippings will be removed from site and disposed of at a Landfill.

Contractor may use chemical controls for weeds, insects, and fungus with notification to the NPS COTR. Non-irrigated native grass areas will be mowed three (3) times per year or as specified by the NPS COTR.

18.00 MECHANICAL EDGING

All turf edges including, but not limited to, sidewalks, patios, drives, curbs, shrub beds, flowerbeds, ground cover beds shall be edged to a neat and uniform line each time turf is mowed.

19.00 AERATION

19.01 Aeration of all turf areas shall be done by using a device that removes cores to a depth of two inches (2") at not more than a six-inch (6") spacing and shall be done three (3) days before fertilizer application.

19.02 All cores shall be removed from the turf and disposed offsite or thoroughly pulverized within twenty-four (24) hours after aerating.

20.00 VERTICAL MOWING

20.01 Vertical mowing shall be done to remove thatch in turf areas, to encourage healthy growth and to maintain acceptable appearance using standard renovating or vertical mowing equipment.

20.02 Vertical mowing shall be done at least annually, on an as needed basis for turf health and growth, or as required by the NPS COTR.

20.03 Care shall be taken to avoid unnecessary or excessive injury to the turf grass.

20.04 Dislodged thatch will be swept or raked from the turf areas and immediately removed from the site and disposed of at an appropriate landfill.

20.05 Over seeding shall be done on an as needed basis or as required by the NPS COTR.

20.06 Renovation-Turf

a. Renovate to the soil line and remove all excessive thatch in turf area.

b. After thatch is removed and upon completion of turf renovation all turf areas shall be over seeded, mulched and watered.

c. Areas to be over seeded will utilize blends or mixtures of seed at the application rate approved by…