FEMA Lot and Open Space Grounds Maintenance Services

(v.12/06/2021) Request for Proposals # 274-PRCR FEMA Lot Maintenance 2023 Title: FEMA Lot and Open Space Grounds Maintenance Services Issue Date: January 12, 2023 Due Date: January 26, 2023 not later than 4:00 p.m. EST *LATE PROPOSALS WILL NOT BE ACCEPTED* Issuing Department: Parks, Recreation & Cultural Resources Direct all inquiries concerning this RFP to: Michael Gagliano, Crew Supervisor Email: michael.gagliano@raleighnc.gov Table of Contents 1. Introduction .............................................................................................. 1 1.1 Purpose ............................................................................................. 1 1.2 Background ........................................................................................ 1 1.3 RFP Timeline ..................................................................................... 2 1.4 Pre-Proposal Conference

.................................................................. 2 1.5 Proposal Question ............................................................................. 2 1.6 Proposal Submission Requirements & Contact Information .............. 3 1.7 MWBE Participation Form ................................................................. 4 1.8 Rights to Submitted Material .............................................................. 4 1.9 Communications ................................................................................ 4 1.10 Lobbying ............................................................................................ 4 1.11 Conflicts of Interest ............................................................................ 5 1.12 Proposer Expenses ........................................................................... 6 1.13 Proposer Acceptance ........................................................................ 6 2. Proposals ................................................................................................. 9 2.1 Request for Proposals Required Document Format .......................... 9 2.2 RFP Documents ................................................................................ 9 3. Proposal Evaluation ................................................................................ 9 3.1 Proposal Evaluation Criteria (Stage 1) ............................................... 9 3.2 Interview/Demonstration (Stage 2) .................................................. 11 3.3 Final Selection ................................................................................. 11 3.4 Notice to Proposers Regarding RFP Terms & Conditions ............... 11 3.5 Contract Term......................................................................11 4. Scope of Services .................................................................................. 12 Appendix I – Proposal Cost Form ................................................................... 17 Appendix II – Proposer Questionnaire ........................................................... 18 Appendix III – Reference Questionnaire (Instructions) ................................. 19 Appendix III – Reference Questionnaire Form ............................................... 20 Appendix IV – MWBE Participation Form ....................................................... 22 Appendix V – Contract Standard Terms & Conditions .................................. 23 Appendix VI – Exceptions to RFP ................................................................... 32 Appendix VII-List of Property Maps 33+ 1 INTRODUCTION 1.1 Purpose The City of Raleigh (COR) is solicitating proposals from one or more firm(s) with which to contract for the following services: The Parks, Recreation and Cultural Resources Department desires to contract with a private landscape maintenance company for the maintenance of a number of residential properties acquired through the FEMA Hazard Mitigation Grant Program as public open space. Pre-existing houses, driveways, outbuildings and other structures have been demolished and removed from these properties and disturbed areas graded and seeded. Maintenance schedules vary depending on the location of the specific open space property. A list of property addresses is provided. This list also provide requested maintenance tasks and task frequency for ‘in season’ and ‘out of season’ maintenance. Maps of the properties are available vis this link https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal- prod/COR17/2921%20Anderson%20Drive.pdf The estimated budget for this project is between $85,000-95,000 per year. A detailed scope of services is provided in Section 4 of this document. All information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/. All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Michael Michael.gagliano@raleighnc.gov Questions submitted via telephone will not be answered. 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live. Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleigh’s existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens. 1.3 Request for Proposal (RFP) Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Time (EST): 1.4 Pre-Proposal Conference If the City of Raleigh elects to conduct a Pre-Proposal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance. Date, time, and location of pre-proposal conference is shown above in the RFP Timeline (Section 1.3). 1.5 Proposal Questions Requests for clarification and questions to this RFP must be received by the City not later than the date shown above in the RFP Timeline (Section 1.3) for the submittal of written inquires. The firm’s failure to request clarification and submit questions by the date in the RFP Timeline above shall be considered to constitute the firm’s acceptance of all City’s terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFP, if any, and shall be posted to North RFP Process Date and Time RFP Advertisement Date Thursday, December 12, 2023 Pre-Proposal Conference (if required) Thursday, January 19, 2023 9:00-10:00 a.m. Marsh Creek Operations Center 4225 Daly Rd. Raleigh, NC 27604 Deadline for Written Questions 4:00 pm Thursday, January 20, 2023 City Response to Questions (anticipated) 12:00 pm Monday, January 23, 2023 Proposal Due Date and Time Thursday, January 26, 2023 4:00 pm Evaluation Meeting (anticipated) Friday, January 27, 2023 Interviews (if required) Selection Announced (tentative) Monday, January 30, 2023 Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFP. It is important that all Respondents submitting to this RFP periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned. All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Michael Gagliano Michael.gagliano@raleighnc.gov Questions submitted via telephone will not be answered. 1.6 Proposal Submission Requirements and Contact Information Proposals must follow the format as defined in Section 2 (PROPOSALS), and be addressed and submitted as follows: DELIVERED BY US POSTAL SERVICE MAIL: DELIVERED BY OTHER DEIVERY SERVICES: City of Raleigh City of Raleigh ATTN: Michael Gagliano ATTN: Michael Gagliano 4225 Daly Road 4225 Daly Road Raleigh, NC 27604 RFQ No. 274-PRCR FEMA Lot Maintenance 2022 Raleigh, NC 27604 RFQ No. 274-PRCR FEMA Lot Maintenance 2022 Proposals must be enclosed in an envelope or package and clearly marked with the name of the submitting company, the RFP number, and the RFP Title. Proposers must submit: A. one (1) signed original; B. one (1) electronic version of the signed proposal and; C. and three copies of the signed proposal. The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a USB Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in RFP Timeline (Section 1.3). Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package. Any requirements in the RFP that cannot be met must be indicated on Appendix VI: Exceptions to the RFP and submitted with the proposal. Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Proposals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the firm elects to mail in its response, the firm must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in the RFP Timeline (Section 1.3). Regardless of the delivery method, it is the responsibility of the firm to ensure that their proposal arrives at the designated location specified in this Section by the due date and time specified in the RFP Timeline (Section 1.3). 1.7 MWBE Participation Form The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises. Complete and submit the MWBE Participation Form (Appendix IV) with your proposal. 1.8 Rights to Submitted Material All proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposer of the conditions contained in this Request for Proposals. Proposals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process. 1.9 Communications All communications of any nature regarding this RFP with any City staff, elected City officials, evaluation committee members, are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1 (Purpose), prior to the deadline provided in the RFP Timeline (Section 1.3). Violation of this provision may result in the firm’s proposal being removed from consideration. 1.10 Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP. 1.11 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. § 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves. City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states: No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person. 1.12 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation. 1.13 Proposer Acceptance Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise on Appendix VI Exceptions to RFP and submitted with proposal. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City of Raleigh has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities and reserves the right to re-advertise this RFP with either the identical or revised scope and specifications if it is deemed to be in the best interests of the City of Raleigh to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the best interest of the City of Raleigh to do so. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City of Raleigh. 2 PROPOSALS Responses must follow the format outlined below. The City may reject as non-responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. 2.1 Request for Proposals Required Document Format Responses should be divided using tabs to separate each section, listed sequentially as follows: Tab 1: Cover Letter Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this service requirement. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Additionally, include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation. Tab 2: Corporate Background and Experience Include background information on the firm and provide detailed information regarding the firm’s experience with similar projects. Provide a list of all similar contracts performed in the past five number of years, accompanied by at least three (3) references (contact persons, firm, telephone number and email address). Include the total amount invoiced for each listed project, the length of the project, and list of those involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects. Tab 3: Financial Information Review and provide one of the following three (3) financial statement options: 1. Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)). OR 2. Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability. OR 3. Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firm’s financial information verifying the financial viability of the firm. All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows: “CONFIDENTIAL – DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF PROPOSAL EVALUATION. “ “Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP. Consolidated financial statements of the Proposer’s parent or related corporation/business entity shall not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements, (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above. The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm. Tab 4: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included. Tab 5: Team Firm, Experience and Certifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the Proposals and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included. Tab 6: Cost In a separate sealed envelope provide a minimum of three (3) complete copies of cost schedule. Hourly rates shall be fully burdened to include all costs, all applicable overhead and profit (including lodging, meals, and transportation). Attach any additional pricing details. 2.2 RFP Documents This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 3 PROPOSAL EVALUATION 3.1 Proposal Evaluation Criteria (Stage 1) This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Committee in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not on the basis of what is inferred. After thoroughly reading and reviewing this RFP, each Evaluation committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. The maximum interview/demonstration points a Proposer can receive is five (5) points. The Proposers selected for interviews/demonstrations under this section will be notified in writing of the date and time. The Proposers’ interview/demonstrations shall be based solely upon information provided in each Proposer’s original proposal. No new information may be presented. Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Corporate Background and Experience 15 Firm Financial Stability 10 Project Understanding 25 Project Approach 25 Team Firm Experience 10 Proposed Cost 15 Total Score (without Interview/Demonstrations) Interview/Demonstration (if applicable) Final Score (with Interview/Demonstrations) Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation Cost Formula: The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the following formula: 1 - B - A x C = D A A—the lowest Proposer’s cost. B—the Proposer’s cost being scored. C—the maximum number of cost points available. D—Proposer’s cost score (points). Note: If the formula results in a negative number (which will occur when the Offeror’s cost is more than twice the lowest cost), zero points shall be assigned. 3.2 Interview/Demonstration (Stage 2) A short-list of firms may be invited to Stage 2 of the evaluation process, the Interview/ Demonstration. Interview/demonstrations are an important aspect of the evaluation process that offers the City an opportunity to see how the proposer’s solution meets the critical components of the RFP. 3.3 Final Selection Proposals will be evaluated and ranked according to the criteria and weighted values set forth in Section 3.1. Either a final selection for recommendation will be made at this time or the short-list of firms will be invited to participate in Stage 2 of the evaluation process. If Stage 2 is implemented, each firm will be evaluated and assigned a score to determine the best firm for recommendation. After which negotiations of a contract with the most qualified firm will commence. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. All Proposers will be notified of their standing immediately following the City’s decision. The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract. 3.4 Notice to Proposers Regarding RFP Terms and Conditions It shall be the Proposer’s responsibility to read the Instructions, the City’s Standard Contract Terms and Conditions (Appendix V), all relevant exhibits, attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Proposers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. 3.5 Contract Term The Contract shall have an initial term of two (2) years, beginning on the date of the Contract award (the “Effective Date”). At the end of the Contract’s current term, the City shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to three (3) additional one-year terms. The City will give the Contractor written notice of its intent whether to exercise each option no later than 60 days before the end of the Contract’s then-current term. In addition, the City reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 4 SCOPE OF SERVICES Awarded Contractor shall provide services, all as set forth in this RFP and more particularly described in this Section 4. Maintenance Schedules: Please view Appendix I: FEMA Lot Maintenance Cost Proposal Sheet Sites on Maps 1-8, 43, 9-40, 41-42, 53-62, 71, & 64 shall be maintained on a bi-weekly basis-on the second week and the fourth week of each month for ‘in-season services’ (between March 1 and October 31). These sites shall be serviced on the second week of each month (between November 1 and February 28/29) for ‘out of season services’ Sites on Maps 44, 51, 45-50, 52, 63, 65-70 shall be maintained on a monthly basis-on the second week of each month for ‘in-season services’ (between March 1 and October 31.) These sites shall be serviced on the second week of each month (between November 1 and February 28/29) for ‘out of season services’ o Note that the 8 lots that require a single mulch installation between November 1 and February 28/29 annually. Sites: 517 Bailey Drive, 1809 Waller Place, 1813 Waller Place, 1817 Waller Place, 3602 Woodlea Drive, 3604 Woodlea Drive, 1817 Capital Boulevard, and 1625 Capital Boulevard. Any lots not maintained on schedule must be serviced before the end of the following week. If upon repeat inspection lots have not been maintained, they will be deducted from the monthly invoice. The City of Raleigh reserves the right to suspend maintenance services from specific properties for periods of time to perform site demolition work, to add properties to the contract by a signed amendment by both parties, or to permanently remove properties from the contract if they are sold. City staff will assist the selected vendor in reconciliation of invoices to account for the occasional changes. Note: The following sites are not being serviced as of January 2023, however, please include these sites in your cost proposal. City staff will let you know when to resume scheduled maintenance service for you to include in your maintenance schedule and invoicing.  3112 Long Bow Drive (Map 57)  3113 Long Bow Drive (May 58)  3116 Long Bow Drive (Map 59)  4012 Ingram Drive (Map 60)  3014 Arrowwood Drive (Beaman Lake Dam) (map 45)  4512 Brockton Drive (Brockton Drive Lake) (map 49) The following sites may be temporarily removed from service at some point in calendar year 2023 for demolition on these sites. During this time, maintenance services shall be suspended, and the monthly invoice reduced accordingly. 7312 Harps Mill (map 67) Planned demo in FY23 514 Glenbrook (map 68) Planned demo in FY23 600 Glenbrook (map 68) Planned demo in FY23 The following two properties may be sold in the future and permanently removed from the contract:  Greywood Drive (map 42)  3112 Comstock Rd (map 53) 4.1 In Season Tasks (to be performed March 1-October 31) The following are task descriptions for all sites referenced in this RFP.  Litter and Debris Removal: Consists of, but not limited to, the removal of paper, glass, cans, plastic, cardboard, wood, limbs, metal and all other trash and debris from the property prior to each mowing. The contractor shall be responsible for legally and properly disposing of all litter and debris removed from the property (including large, bulky items).  Mowing of Turf: All turf shall be mowed to a finished height of four (4) inches. The contractor shall repair any damage caused by operation of mowing equipment – rutting of turf areas, damage to fences, etc. It shall be the responsibility of the contractor to remove excess grass clippings either by raking or vacuuming if mowing frequency is not adhered to. grass, weeds and small woody vegetation should be mowed and trimmed to a height of 4 inches.  Edging: Sidewalks and curbs shall be edged with each mowing. Clippings will be removed from curbs, gutters and sidewalks after edging. Do not allow clippings and debris to enter curb inlets or storm drains.  Trimming: All grass and other growth adjacent to fence lines, sign posts, trees, walls and other vertical elements will be trimmed with each mowing to maintain a neat appearance.  Weed Control Around Tree Rings- Following Departmental Policy, maintain excessive weed around tree rings through the application of approved pesticides. Only an aquatic approved herbicide and adjuvant can be applied on FEMA properties.  Clean up: All debris, litter, clippings and other extraneous debris caused by the contractor’s maintenance of the property shall be removed at the completion of work at each location. 4.2 Out of Season Tasks (to be performed November 1 to February 28/29) The following are task descriptions for all sites referenced in this RFP.  Litter and Debris Removal: Consists of, but not limited to, the removal of paper, glass, cans, plastic, cardboard, wood, limbs, metal and all other trash and debris from the property prior to each mowing. The contractor shall be responsible for legally and properly disposing of all litter and debris removed from the property (including large, bulky items).  Leaf Removal: Leaves will be removed from turf areas, curbs and sidewalks with scheduled non-peak season mowing (November-March). Leaves must be removed and disposed of legally and properly. As an alternative, leaves may be mulched and dispersed by mowing, as long as litter accumulation does not negatively impact turf growth.  Mulching*: The contractor is expected to replenish mulch beds at the following 8 sites between November and March annually. Contractor must deliver approved mulch product to sites. Mulching should be applied 3 inches high and placed 3 inches from the trunk of any tree. o Sites: 517 Bailey Drive, 1809 Waller Place, 1813 Waller Place, 1817 Waller Place, 3602 Woodlea Drive, 3604 Woodlea Drive, 1817 Capital Boulevard, and 1625 Capital Boulevard.  Weed Control Around Tree Rings- Following Departmental Policy, maintain excessive weed around tree rings through the application of approved pesticides. Only an aquatic approved herbicide and adjuvant can be applied on FEMA properties.  Clean up: All debris, litter, clippings and other extraneous debris caused by the contractor’s maintenance of the property shall be removed at the completion of work at each location. 4.3 Sites with Stormwater Control Measures: The following sites have Stormwater Control Measures. Notes are provided below. 3609 Greywood Drive (map 42) This property may be sold in the future and removed from the contract. 1817 Capital Boulevard (map 44) Contractor will maintain a 30 foot no-mow buffer along the stream. 3014 Arrowwood Drive (Beaman Lake Dam) (map 45) Access to Beaman Lake shall be made using the access easement at the downstream end of Beaman Lake off Huntleigh Drive adjacent to the Lakeside Condominiums. Contractor shall not park in the Lakeside Condominium Parking lot with the exception of unloading supplies. Once unloaded, vehicles should be relocated to an alternate parking location. Access to the other side of the spillway may be accessed off the lot on Long Bow Drive. Trim down to the water line along the dam. Woody vegetation is not allowed to grow on the dam. 1109 Carolina Pines Avenue (Carolina Pines Lake Dam) (map 46) Trim down to the water line along the dam. Woody vegetation is not allowed to grow on the dam. Cut and trim small trees and bushes to prevent future growth; remove from site. 8406 Glenwood Avenue (Dry Detention Basin) (map 48)  Service includes mowing and trimming of the entire property including the right of way, grassed level spreader, the side slopes of the embankment of the dry detention basin, the dam and side slopes of the dam on the property. The vegetation on the front and backside of the dam needs to be mowed and trimmed from the top of the dam to the toe of the dam.  The grass and other vegetative growth inside the detention area of the basin will need to be cutback during each service. Any large vegetative growth must be removed from the basin and taken offsite. Vegetation within 10 feet of an inlet or outlet structure needs to be cutback regularly to a height of 4 inches. The level spreader and grass swale will need to be cleared of debris and the grass cut to a height of 4 inches. 4512 Brockton Drive (Brockton Drive Lake) (map 49) Low tree limbs and shrubs shall be trimmed back out of the roadway. Debris shall be removed from the site and disposed of by Contractor. 8109 Marvino Lane (WQ Swale) (Map 52)  0.07 acres (mowing/trimming area)  The swale will need to be mowed 8 times per year during the growing season. Special considerations for this site:  Access the easement via the Water Garden Park driveway and parking lot. (See attached ROEA)  Mow/trim the swale and a 10-foot buffer on both sides of the swale for the length of the swale.  Remove accumulated trash and debris from the swale and surrounding area. 3112 Comstock Rd (map 53) This property may be sold in the future. 2541 Albemarle/Lower Longview (map 63) Mow the property area and right of way indicated on the map. Trim down to the water line along the dam. Woody vegetation is not allowed to grow on the dam. Pullen Rd Extension (Bilyeu Dr) (map 69) Mow within the property boundary indicated on the map. Do not cut down landscaping trees and bushes, trim around those plants. Trim to within three feet of waterline. Do not enter wetland wetted perimeter. Abbotts Creek (map 70) Mow the property area and path indicated on the map and around the wetlands. Do not cut down landscaping trees and bushes, trim around those plants. Trim to within three feet of waterline. Do not enter wetland wetted perimeter. 4.4 Adverse Site Conditions The contractor is to inform the Project Manager if any of the following conditions exist on any of the properties:  dead animals  safety hazards  vandalism  curb/pavement damage  erosion  homeless encampments  dead, diseased, or dying trees  other problems/ hazards 5.4 Contractor Responsibilities 1. The Contractor shall exercise care in mowing lots that may have recently planted trees installed by the City or by authorized City volunteers. The Contractor shall mow with the chute away from tree mulch rings and blow grass clippings away from the tree to avoid buildup and bury root flares. 2. Contractor shall abide by excerpts of the Department Pesticide Management Policy (Appendix VIII) when applying pesticides to tree mulch rings. 3. Parks, Recreation and Cultural Resources Department staff will conduct routine inspections of each property. The contractor will be notified of any deficiencies in maintenance and will be expected to correct problems or complete maintenance within 24 hours of notification by the Department. 4. Any maintenance task not covered above shall be considered additional services and shall not be performed by the contractor without prior written approval of the Parks, Recreation and Cultural Resources Department. The City reserves the right to add additional FEMA lots as necessary based on comparable sized lot square footage. APPENDIX I PROPOSAL COST FORM Awarded Contractor shall perform the services to be performed as set forth in this RFP and more particularly described in Section 4 for a not to exceed total amount of $___________________________________________________. Proposer shall attach proposal cost breakdown sheet to this Appendix I Proposal Cost Form. Firm Name: ____________________________________________________________ Authorized Signature _______________________________Date__________________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ Templates for cost proposal forms can be viewed here. A cost proposal form template must be submitted for each of the five years of this project. Please email Christy.cornell@raleighnc.gov if you would like fillable files emailed to you. APPENDIX II PROPOSER QUESTIONNAIRE The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under company’s present name: Fed Tax ID #: DUNS # Are you registered with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable: Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work? YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO: Contact for this Contract: Title: Phone: Fax: E-Mail: Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO: List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references. PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR REFERENCES. 1. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 2. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 3. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 4. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 5. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: The undersigned swears to the truth and accuracy of all statements and answers contained herein: Authorized Signature: Date: APPENDIX III REFERENCE QUESTIONNAIRE (Instructions) 274-FEMA Lot and Open Space Maintenance 2023 The City of Raleigh, as a part of the RFP, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of the references is to document the experience of the proposer relevant to the scope of services and assist in the evaluation process.  The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire.  The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process.  The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response.  It is the Proposer’s responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form. APPENDIX III REFERENCE QUESTIONNAIRE FORM 274-FEMA Lot and Open Space Maintenance 2023 _______________________________________________________________ (Name of Business Requesting Reference) This form is being submitted to your company for completion as a business reference for the company listed above. This form is to be returned to the City of Raleigh, Michael Gagliano via email to michael.gagliano@raleighnc.gov no later than 4:00 p.m. EST, January 26, 2023 and MUST NOT be returned to the company requesting the reference. For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above. Company Providing Reference Contact Name and Title/Position Contact Telephone Number Contact Email Address Questions: 1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful. Comments: 2. How would you rate this company’s knowledge and expertise? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 3. How would you rate the company’s flexibility relative to changes in the scope and timelines? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 5. How would you rate the dynamics/interaction between the company and your staff? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 6. Who were the company’s principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating? (3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable) Name: Rating: Name: Rating: Name: Rating: Name: Rating: Comments: 7. With which aspect(s) of this company’s services are you most satisfied? Comments: 8. With which aspect(s) of this company’s services are you least satisfied? Comments: 9. Would you recommend this company’s services to your organization again? Comments: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ MWBE SUBCONTRACTORS APPENDIX IV MWBE PARTICIPATION FORM IDENTIFICATION OF MWBE PARTICIPATION FOR INFORMAL CONTRACTS Contract amount is between $30,000.00 ‐ $299,999.99 This Identification of MWBE Participation Form is for the purpose of capturing information regarding the utilization of MWBEs and other subcontractors and suppliers on Informal City Contracts. MWBE participation is encouraged for all City of Raleigh contracting opportunities. Please refer to the City’s MWBE Policy for any contract specific requirements. Copy this Form as needed. COMPANY NAME PROJECT NAME PROJECT NUMBER CITY DEPARTMENT CONTRACT TYPE Services Other ______________________________________________________*   PRIME IS MWBE Classification: ________ ̈ Certified with NCHUB ̈ Certified with NCDOT‐DBE RFP SUBMITTAL DATE *MWBE Classifications: American Indian (AI), Asian American (AA), Black/African‐American (B), Hispanic (H), Non‐Minority Female (NMF), Socially/Economic Disadvantaged (D)  WORK TO BE SELF‐PERFORMED Check this box only if you intend to perform 100% of the work for this Contract with your own current work forces, and you normally perform and have the capability to perform all elements of this work for this Contract with your own current work forces. Complete the chart below for all MWBE subcontractors that you intend to use for this Contract regardless of dollar amount. Company Name MWBE Classification* Description of Services Percentage of Total Contract Total Projected Utilization ($) *MWBE Classifications: American Indian (AI), Asian American (AA), Black/African‐American (B), Hispanic (H), Non‐Minority Female (NMF), Socially/Economic Disadvantaged (D) Total Estimated MWBE Utilization* $ Total Proposal Amount* $ Percent Estimated MWBE Utilization* (Total Estimated MWBE Utilization divided by Total Bid Amount) ________________________% APPENDIX V CONTRACT STANDARD TERMS AND CONDITIONS The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions. 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Workmanship and Quality of Services All work performed under this Contract shall be performed in a workmanlike and professional manner, to the reasonable satisfaction of the City, and shall conform to all prevailing industry and professional standards. 3. Non-discrimination To the extent permitted by North Carolina law, the Parties for themselves, their agents, officials, directors, officers, members, representatives, employees, and contractors agree not to discriminate in any manner or in any form based on actual or perceived age, mental or physical disability, sex, religion, creed, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in connection with this Contract or its performance. The Parties agree to conform with the provisions and intent of Raleigh City Code §4- 1004 in all matters related to this Contract. This provision is incorporated into the Contract for the benefit of the City of Raleigh and its residents and may be enforced by an action for specific performance, injunctive relief, or any other remedy available at law or equity. This section shall be binding on the successors and assigns of all parties with reference to the subject matter of the Contract. 4. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises. 23 5. Assignment This Contract may not be assigned without the express written consent of the City. 6. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. 7. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a COR site. Worker’s Compensation & Employers Liability – Contractor agrees to maintain Worker’s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and employees liability of no less than $1,000,000 each accident. Additional Insured – Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read ‘City of Raleigh is named additional insured as their interest may appear’. Certificate of Insurance – Contractor agrees to provide COR a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractor’s insurer. If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590 Umbrella or Excess Liability – Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest ‘Each Occurrence’ limit for required policies. Contractor agrees to endorse City of Raleigh as an ‘Additional Insured’ on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a ‘Follow-Form’ basis. Professional Liability – Limits of no less than $1,000,000 each claim. This coverage is only necessary for professional services such as engineering, architecture or when otherwise required by the City. All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleigh’s Risk Manager. 8. Indemnity Except to the extent caused by the sole negligence or willful misconduct of the City, the Contractor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including all claims, costs (including defense) and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims, costs (including defense) and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this Contract. This representation and warranty shall survive the termination or expiration of this Contract. The Contractor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including claims, costs (including defense) and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Contract. 9. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Contractor under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the City and not the Contractor. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of this Contract shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Contractor’s performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Contractor’s performance of this project are hereby agreed to be ‘works made for hire’ within the meaning of 17 U.S.C. 201. 10. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. 11. Advertising The Contractor shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without the prior written approval of the City. 12. Acknowledgement of City Brand and Tree Logo Ownership and Restrictions The City of Raleigh has developed proprietary branding (the “City Brand”) centered around the Raleigh tree mark logo (the “Tree Logo”). The City’s exclusive rights and ownership in and to the Tree Logo are protected under trademark and copyright, including U.S. Copyright Reg. No. VAu1-322-896, N.C. State Trademark Registration Reg. No. T-23070 and Federal Trademark Registration Reg. No. 5,629,347, as well as under other federal and state laws. Contractor acknowledges and understands that the City is not conferring any license to Contractor under this Agreement to use or depict the Tree Logo or other aspects of the City Brand. Contractor shall not make any use or depiction of the Tree Logo or other aspects of the City Brand without the prior express written approval of the City. In this regard, should any materials being produced by Contractor for the City under this Agreement contemplate use or depiction of the Tree Logo, including, but not limited to, printed materials, digital media, signage and/or display materials, Contractor shall proceed under the auspices and direction of the City’s Communications Department and shall comply with all guidelines and restrictions governing use or depiction of the Tree Logo. 13. Cancellation The City may terminate this Contract at any time by providing thirty (30) days written notice to the Contractor. In addition, if Contractor shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Contractor and termination will be effective upon receipt. Contractor shall cease performance immediately upon receipt of such notice. In the event of early termination, Contractor shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Contractor under this section exceed the total amount due Contractor under this Contract. The Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Contractor for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach. Payment of compensation specified in this Contract, its continuation or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the City for the purpose set forth in this Contract. 14. Laws/Safety Standards The Contractor shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority. All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Electrical Engineers for pressure vessels; the Underwriters' Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type(s) of devices offered and furnished. Further, all items furnished by the Contractor shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. Contractor must comply with North Carolina Occupational Safety and Health Standards for General Industry 13 NCAC 07F (29CFR 1910). In addition, Contractor shall comply with all applicable occupational health and safety and environmental rules and regulations. Contractor shall effectively manage their safety and health responsibilities including: a. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. b. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. c. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 15. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Contractor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Contractor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Contractor understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control. 16. Miscellaneous The Contractor shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract and will reimburse the City for the replacement value of its loss or damage. The Contractor shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 17. Right to Audit and Access to Records a. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. b. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. c. “Records” shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. d. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. e. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. f. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. g. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the City’s findings. h. Contractor shall, upon request, provide any records associated with this engagement to the North Carolina State Auditor that are necessary to comply with the provisions of G.S. § 147-64.7. 18. E – Verify Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. § 64-25 et seq. In addition, to the best of Contractor’s knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E- Verify and N.C.G.S. § 64-25 et seq. 19. Iran Divestment Act Certification Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147- 86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 20. Companies Boycotting Israel Divestment Act Certification Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. § 147- 86.81. APPENDIX VI EXCEPTIONS TO THE RFP CHECK ONE: ☐ NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFP. ☐ EXCEPTIONS ARE LISTED BELOW: # RFP Page #, Section, Name, Title, Item # Exceptions (Describe nature of Exception) Explain Why This is an Issue Proposed Alternative Indicate if exception is Negotiable (N), or Non-negotiable (NN) 1 2 3 4 5 6 7 8 9 10 11 12 FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFP AND ANY CORRESPONDING ADDENDUM ISSUED. THE CITY, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED CHANGE. Firm: Authorized Signature: Title: Printed Name of Signer: Date: APPENDIX VII List of Property Maps Please visit: https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal- prod/COR17/2921%20Anderson%20Drive.pdf APPENDIX VIII Departmental Pesticide Policy City of Raleigh Parks, Recreation and Cultural Resources Pesticide Management Policy Landscape and Grounds Revised November 2019 PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 2 Pesticide Management Policy Acknowledgements Pesticide Core Team Wayne Schindler, Parks Superintendent Ivan Dickey, Assistant Parks Superintendent Kelvin Morgan, Assistant Parks Superintendent Sally Thigpen, Assistant Parks Superintendent Brian Johnson, Greenway Manager Charles Falls, Highway Manager Gretchen Sedaris, Horticulturist Jeff Bryant, Athletic Field Maintenance Manager Neal Wisenbaker, District 4 Supervisor Reviewers Lisa Wallace, Horticulturist (Retired) Christy Cornell, Senior Staff Analyst Leigh Bragassa, Invasive Plant Volunteer Coordinator David Shouse, Natural Resources Administrator Melissa Salter, Land Stewardship Coordinator Amy Corbally, Durant Nature Preserve Manager Bryan England, Annie Louise Wilkerson Nature Preserve Assistant Mgr. Brian Taylor, Environmental, Health and Safety Coordinator Kathy Capps, Manager Learning Development and Risk Management PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 3 Pesticide Management Policy Table of Contents A. Purpose Page 4 B. Policy Requirements and Practices Page 4 C. Definitions Page 6 D. Departmental Qualified Pesticide Applicator Requirements Page 10 E. Pesticides Page 15 F. Pesticide Application Procedures Page 19 G. Pesticide Spill Procedure Page 21 H. Contractor and Non-Departmental Pesticide Application Page 24 I. Neuse River Buffer Rules Internal Guidelines Page 24 J. Violations of Policy Page 26 K. References and Resources Page 27 Pesticide Management Policy Appendix (attachment) A. Approved List of Pesticides B. Pesticide Application Sites C. Qualified Applicator and Spotter List D. Pesticide and Application Report E. Pesticide Distribution Record F. Invasive Species List PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 4 A. Purpose The City of Raleigh Parks, Recreation and Cultural Resources Department (PRCR) promotes environmentally sensitive landscape pest and vegetation management by using Integrated Pest Management (IPM) and reducing overall pesticide use while preserving landscape assets and protecting the health and safety of the public and our employees. The PRCR Department has adopted IPM as a comprehensive approach to pest management including biological, cultural, mechanical and chemical controls. This policy regulates the use and application of pesticides on the landscape and grounds of city parks, greenways, right-of-way, medians and any other property owned, controlled or managed by the City of Raleigh Parks, Recreation and Cultural Resources Department. B. Policy Requirements and Practices 1. The Parks, Recreation and Cultural Resources Department (PRCR) shall employ an Integrated Pest Management (IPM) program utilizing biological, mechanical, cultural, and chemical control methods to effectively achieve desired maintenance goals specific to each site. 2. It shall be the policy of the PRCR Department to limit the use of pesticides to the extent practicable, taking into consideration public health and safety, environmental stewardship, budgetary and staffing constraints, and the need and desire of the public to have well-maintained grounds and facilities. 3. Limiting pesticide use shall take into account specific locations, targets, pest threshold levels, environmental hazard potential and other factors like the use of pre- emergent herbicides to reduce the need for and application frequency of post- emergent herbicides. 4. Inspection frequency shall be set based on park maintenance standards. 5. It shall be the policy of the department to use, to the extent practicable and available, pesticides that carry a Caution signal word under EPA FIFRA label requirements. 6. Plans for new construction and landscape projects shall be reviewed by the Horticulturist and Parks Superintendent or designee. Poorly planned landscape designs may require intensive maintenance and greater reliance on pesticides for pest control than landscapes created with integrated pest management design specifications. Use design elements to reduce or eliminate pest habitats in new or renovated landscapes during the planning phase. These include: a. Using proper soil preparation and amendments. b. Specifying weed-free soil amendments. PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 5 c. Using mulches to control weeds, conserve water, and build healthy, biologically diverse soils. d. Use site adapted and pest resistant plants: “the right plant for the right place.” e. Group together plants with similar horticultural needs. f. Retain and use regionally native trees, shrubs, and perennials where appropriate. g. Control noxious weeds and invasive, non-native plant species (Appendix H). h. The City will reduce and strive to eliminate the purchase and installation of exotic invasive plants (Appendix F). i. Plant for erosion and weed control. j. Assess whether landscapes can still meet the intended site use objectives if changing the aesthetic standard, simplifying the design, and or looking for opportunities for reduced maintenance. k. Match maintenance standards to site objectives in the design stage. l. Plant vegetation that will encourage the presence of beneficial insects and birds. 7. Staff who are assigned to purchase, handle, mix and apply pesticides in city parks, greenways and other property shall possess a current and valid North Carolina Public Operator Pesticide License in the required category or categories for the specific area of assignment or application (Ornamental and Turf, Right-of-way, Aquatic, etc.). 8. Pesticides shall be handled, mixed and applied in strict accordance to the product label. THE LABEL IS THE LAW. 9. Only approved pesticides on the approved list for department use shall be purchased, mixed and/or applied. Product substitutions, additions and/or deletions must be reviewed by the Pesticide Core Team and approved by the Parks Superintendent or designee. Relevant quantities shall be reported to PRCR Risk Management in adherence to the EPA List of Lists, NC DENR and local Tier II requirements. 10. Pesticide applications shall be made in compliance with the approved list of Pesticide Application Sites (Appendix B). Applicators shall be knowledgeable of prohibited and restricted locations, approved pre-emergent locations and targets, and approved targets for post-emergent applications. 11. Additional requirements apply to sensitive areas including aquatic sites, nature preserves and cultural/historic landscapes including selective use of herbicides and additional management plans outlined in this document or other relevant documents (Appendix B-Pesticide Application Sites). 12. No Restricted Use Pesticides shall be purchased, handled, mixed or applied in any city park, greenway or other property. The published lists of EPA and North Carolina Department of Agriculture Restricted Use Chemicals shall be reviewed by the PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 6 Horticulturalist to determine if any products currently in use have been added or deleted from the list. If it is found that a product currently in use has been added to the list, use of that product shall be suspended immediately and any remaining quantity on hand shall be disposed of in accordance with this policy. 13. Any organization applying chemicals on PRCR Department owned, controlled or managed property shall adhere to the requirements of this policy (See section H. Contractor and Non-Departmental Pesticide Application). 14. Changes to the PRCR Department Pesticide Management Policy can be made by request to the Pesticide Core Team with final approval by the Parks Superintendent. Relevant stakeholders shall be included in the review process. C. Definitions 1. Area: The number of square feet or acres to be treated. 2. Application Site: Property where pesticide application occurs. 3. Approved List of Pesticide Application Sites: The approved list of application sites including prohibited and restricted locations, approved sites for pre-emergent applications, and approved post-emergent targets (Appendix B). 4. Approved List of Pesticides: The approved list of permitted pesticides for use in city parks, greenways and other properties under the management of the Parks, Recreation and Cultural Resources Department. 5. Broadcast Application: A pesticide application made in a uniform pattern over the areas to be treated (blanket application). 6. Calibration: The process of measuring and adjusting the amount of pesticide your equipment will apply to the target area. 7. Departmental Trainer: A PRCR department staff person who is qualified to train Qualified Applicators. 8. Fungicide: Biological organisms used to kill or inhibit fungi or fungal spores. 9. Herbicide: A pesticide formulated to control weeds or other unwanted vegetation. Herbicides can be contact or systemic, selective or non-selective, pre-emergent or post-emergent. 10. Horticulturist: Staff person responsible for developing and maintaining the PRCR Departmental Pesticide Management Policy and all applicable documentation and training. Implements a comprehensive IPM program and provides educational opportunities and design resources for gardeners, planners and managers. PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 7 11. Insecticide: A pesticide specifically formulated to control insects and/or other insect- like pests. 12. Integrated Pest Management (IPM): The use of a combination of methods to prevent pest damage from exceeding acceptable levels. IPM employs a comprehensive approach including biological control, cultural control, mechanical control, sanitation, and chemical control. a. Pest Control Options i. Biological control: The conservation of naturally occurring or purchase of biological control agents that acts as predators or parasites of pest species, or the use of other beneficial organisms that improve plant health by enhancing soil quality. ii. Mechanical control: The use of manual methods that may include a variety of tools and equipment for the purpose of excluding, suppressing or eliminating pests. iii. Cultural Control: The use of sound horticultural maintenance practices to optimize plant health and to suppress insects, disease, and weed growth. Other cultural controls include site-appropriate design and the use of disease or drought resistant plants. iv. Chemical control: The application of various products such as pheromones, growth regulators, herbicides, insecticides, fungicides or other chemical compounds to a target pest or plant as a means of control. 13. Invasive Plant: Non-native (or alien) to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. A comprehensive list is in Appendix F. 14. Miticide: A pesticide formulated specifically to control mites. 15. Nature Preserve: Park units that contain examples of high quality plant or animal populations, natural communities, landscapes or ecosystems, documented by subject matter experts through local or state programs, which contribute to biodiversity and environmental health. The size of a Nature Preserve should be sufficient to buffer, conserve and protect the target element or area. Efforts should be made to protect and manage significant natural resources in these areas through stewardship and best- practice management that do not degrade the resources present. Opportunities for the public enjoyment of natural resource based recreation and environmental education may be provided that are compatible with the protection and enhancement of the Nature Preserve and the nature experience. Examples of these sites include: Annie PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 8 Louise Wilkerson, M.D. Nature Preserve Park, Horseshoe Farm Park, Durant Nature and Lake Johnson Park- southern portion. 16. MSDS/SDS: The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, or importers to provide Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) to communicate the hazards of hazardous chemical products. 17. Personal Protective Equipment (PPE): Protective clothing, equipment or devices required by the label to be worn during the handling of pesticide containers, mixing and/or application of pesticides. 18. Pest: Living organisms (eg. animal, plant, insect) that are not wanted and cause problems for humans. 19. Pesticide: A chemical used to destroy pests, control their activity or prevent them from causing damage. 20. Pesticide Core Team: Interdepartmental team representing applicators, supervisors and experts. Superintendent, Assistant Parks Superintendent(s), Horticulturist, Gardener, Greenway Manager, Athletic Field Maintenance Manager. Policy changes shall be made upon recommendation from a majority of the Pesticide Core team and with approval of the Parks Superintendent. 21. Pesticide Label: Written information printed on or attached to the container of pesticide. 22. Pesticide License: North Carolina Public Operator Pesticide License in the required category or categories for the specific area of assignment or application (Ornamental and Turf, Right-of-way, Aquatic, etc.) 23. Playground: Designated play structure for public use. 24. Post-emergent Herbicide: Herbicides formulated to kill weeds or other unwanted vegetation during their growth. 25. Pre-emergent Herbicide: Herbicides formulated to prevent weed emergence. 26. Protected Natural Areas: Portions of park units that contain examples of high quality plant or animal populations, natural communities, landscapes or ecosystems, documented by subject matter experts through local or state programs, that contribute to biodiversity and environmental health. In the case of existing parks, Protected Natural Areas should be identified as part of an inventory process based on the natural resources, buffers, educational opportunities, and consistency with adopted master plans. Efforts should be made to protect and manage significant natural resources in these areas through stewardship and best-practice management that do not degrade the PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 9 resources present. The designation of a Protected Natural Area should be differentiated from areas reserved for future development eg. Anderson Point Park. 27. Qualified Applicator: Staff person who has successfully completed the requirements for a North Carolina Public Operator Pesticide License in the required category or categories and who has successfully completed additional classroom and field training as described in this policy (Appendix C). a. Qualified Applicator Level 0, 1, Level 2, and Level 3: Levels are recommended by the Horticulturist based on experience, competency, product and application history. Level for applicator shall be approved by the Pesticide Core Team. Level 0: Product may be applied by any trained city employee. Product is limited to approved organic weed control and bee/wasp spray insecticides distributed by the PRCR Department warehouse. Level 1: Based on applicators, knowledge, skills, and experiences in applying product. Generally applicators in this category are limited to products which have lowest potential for negative consequences to the environment, to the target area, or personal health. Products applied in this category are post-emergent herbicides via backpack sprayer and ant bait insecticides. Qualified Applicator with less than 6 months applicable experience and/or a reduced level of competence as observed by poor application reporting, incorrect application rates and field application or damage in the landscape. Chemical use is controlled by Horticulturist. Level 2: Based on applicators, knowledge, skills, and experiences in applying product. Products applied in this category are pre-emergent and post-emergent herbicides and ant bait insecticides. Applicator is responsible for mixing and applying large quantities of chemicals. Qualified Applicator with more than 6 months of applicable experience and proven competency to correctly apply pesticides. Level 3: Based on applicators, knowledge, skills, and experiences in applying product. Generally products in this category have highest potential for negative consequences to the environment, to the target area, or personal health, if misused. Products applied in this category are pre-emergent and post-emergent herbicides and greenhouse products (i.e. fungicide, 'warning' and/or 'danger' labeled products, insecticides, work-protection standard chemicals.) May require additional PPE. Qualified Applicator with more than 12 months of applicable experience and proven competency to correctly apply pesticides. 28. Qualified Spotter: A qualified spotter assists the applicator to keep unauthorized individuals out of spray area, assist with application, and monitor the equipment. PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 10 29. Rate: The quantity of product to be used in a given application per the instructions on the label. 30. Sensitive Area: To include Nature Preserves and Protected Natural Areas. Carefully assess use of pre-emergent herbicides and surfactants. 31. Signal Word: Provides precautionary information on how acutely toxic the pesticide is to humans and appears in large letters on the product label. On MSDS sheets the signal words Caution, Warning and Danger reflect toxicity categories which rate oral, dermal, or inhalation acute toxicity levels along with skin irritation and eye irritation factors. On SDS sheets the signal words are Warning and Danger. 32. Spot Treatment: Pesticide application directed to a small area or individualized targets. 33. Target Pest: The pest at which a particular pesticide or other control method is directed. D. Departmental Qualified Pesticide Applicator Requirements Newly licensed applicators must receive additional classroom and field training by a Departmental Trainer developed by the Horticulturist or designee prior to handling, mixing, and/or applying any pesticide. 1. All Qualified Applicators (applicators) shall review and sign a copy of this policy. A copy shall be placed in the employee’s personnel file. 2. All applicators shall maintain an Applicator Notebook a. This notebook shall be maintained by the applicator and shall be kept with the applicator during the course of handling, mixing, and/or applying any pesticide. The information contained in the notebook shall be made available upon request to any department supervisor, NC Pesticide Inspector, Department Safety Coordinator and/or City Safety Officer. The Horticulturist will distribute updated information as changes occur. b. The Applicator Notebook contains the following information: i. A signed copy of this policy ii. Signed training record iii. A copy of a valid NC Public Applicator Pesticide License iv. The Approved List of Pesticides v. Pesticide Application Sites vi. Copies of the product Label and MSDS/SDS for each pesticide being applied by the applicator vii. Sprayer Calibration Guide PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 11 viii. Sprayer Maintenance Procedure ix. Spill Response Information x. PPE Hazard Assessment 3. The applicator shall submit the Pesticide Application (Appendix D) and Distribution (Appendix E) reports to the Horticulturist. 4. It shall be the responsibility of the licensed applicator to insure that they obtain any recertification credits required to keep their license current and valid. A record of recertification credit requirements and accrued credits is mailed annually to the licensed applicator from the State. In addition, this information is available online. The applicator is not monetarily responsible for the cost of training or seminars, but must monitor their own record. 5. The department is responsible for notifying applicators of training and recertification opportunities. The department will pay the cost of training for all qualified pesticide applicators with an “active” or “applicator” status only. Those staff with an “inactive” status can maintain their license through recertification credits at their own expense. 6. Failure of required staff to maintain a current and valid license through either recertification credits or successful re-examination shall result in the applicator’s loss of status as a Qualified Applicator and in some cases, depending on pay grade and job requirements, could result in demotion or termination of employment. 7. Licensure and Training Requirements a. Only employees that have a current and valid North Carolina Public Operator Pesticide License in the categories required for their particular job shall purchase, handle, mix and/or apply pesticides in city parks, greenways or other property managed by the PRCR Department. This department requirement exceeds State pesticide laws and regulations which allows someone to handle, mix and apply pesticides under the supervision and guidance of a licensed individual. No department staff person shall be permitted to purchase, handle, mix or apply pesticides under the license of another individual. b. In addition to state licensing requirements, newly licensed staff must complete 8 hours of classroom training prior to handling, mixing or applying any pesticide. Once classroom training has been completed, newly licensed staff must complete 16 hours of “hands on” field training under the guidance of a Departmental Trainer before they are permitted to make applications on their own. One additional day shall be monitored by the supervisor. c. During training, newly licensed applicators shall be restricted to handling, mixing and applying Level 1 pesticides to specific targets as described in the PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 12 training program section of this policy below (Appendix C). A newly licensed applicator that does not successfully complete all sections of the department training program will be prohibited from handling, mixing and/or applying pesticides in city parks, greenways and other properties until such time as this requirement is met. All training shall be documented and a record placed in the employee’s personnel file and the department training record. d. Training Program The training program shall be developed and administered by the Horticulturist. Training shall be documented and the Applicator Level assigned (Appendix C). i. The classroom component shall consist of a minimum of 8 hours or the additional time necessary to cover the content. The training program shall include a review of the following topics: 1. The Departmental Pesticide Management Policy. 2. Hazard Communication. 3. Potential Hazards and Benefits Associated with the Use of Pesticides. 4. Handling Pesticides Safely (mixing, loading, and applying). 5. Personal Protective Equipment (PPE). 6. First Aid and Pesticide Poisoning Recognition. 7. Pesticide Laws and Regulations. 8. The Pesticide Label and application rate calculations. 9. MSDS/SDS. 10. Approved Application Equipment Types and Use. 11. Equipment Calibration Procedures. 12. Equipment inspection and maintenance 13. Department’s Approved List of Pesticides. 14. Required Recordkeeping. 15. Other topics as necessary. ii. The hands on, field component (16 hours) of the training program shall be conducted by the Departmental Trainer and consist of the following: 1. Use of pesticides and equipment approved for training purposes. 2. Application of the pesticide(s) on an approved target at an approved location. 3. Step by step instruction on handling, mixing and applying the pesticide(s) and application rate calculations. 4. Review of proper use, transport and storage of the pesticide(s) and the application equipment. PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 13 5. Review of equipment calibration. 6. Review of spill clean-up procedures. 7. Observation of a proper application made by the trainee. 8. Continual observation by the Departmental Trainer of all applications made by the trainee. iii. 8 Hour Training for spill clean-up is required for all Qualified Applicators and spotters through the Learning Development and Risk Management Division. 8. Personal Protective Equipment a. Required personal protective equipment (PPE) is determined by the specific product used and found on the product label. However, at a minimum, all staff handling, mixing and/or applying pesticides shall wear long pants, a long-sleeved shirt, chemical resistant gloves and either a face shield or chemical resistant eye protection. Tyvek apparel may be worn as appropriate over short pants and/or short-sleeved shirt in lieu of long pants and a long- sleeved shirt. It shall be understood that some pesticides will require additional or specific personal protective equipment, above and beyond the minimum requirements described above. b. It shall also be understood that personal protective equipment requirements may be different for mixing and loading as opposed to application of the same product. c. No handling, mixing or application of a pesticide will occur without the personal protective equipment required by the product label. d. In addition, each qualified applicator shall carry a minimum of two (2), 16 ounce bottles of eyewash on the spray application vehicle in the event of product contact with the eyes. e. Respirator use has additional training requirements from both the State and City including a physical and annual evaluation. Preference will be given to products that do not require the use of respirators. f. Personal protective equipment will be inspected annually by the Horticulturist and/or supervisor during truck inspections and more frequently as determined by the supervisor. g. PPE Disposal: Used Tyvek suites shall be removed and placed in a trash receptacle. Clothing that has come in contact with chemicals shall be removed and washed separately. Severely contaminated clothing should be placed in a plastic bag and disposed of in an appropriate trash receptacle. PRCR Pesticide Management Policy Revised: 01/27/16 Thigpen/Sedaris/Schindler 14 9. Recordkeeping a. State law mandates that records be maintained only if Restricted Use Pesticides are applied. The PRCR Department shall exceed State requirements and maintain the following records related to the use of any pesticide: i. Daily Pesticide Application Reports ii. Department Approved List of Pesticides iii. Pesticide Inventory iv. Pesticide Distribution Records v. Pesticide Usage Reports b. Copies of appropriate forms are maintained by the Horticulturist. c. It shall be the responsibility of the applicator to maintain Distribution and Application Reports and submit them to the Horticulturist. Reports shall be filled out accurately and completely and entered electronically into the work order database (eg. Cityworks). d. All MSDS/SDS and medical records shall be retained for the length of employment plus 30 years per the NC Department of Labor. 10. Spotters a. During pesticide applications, applicators are required to have a spotter for public safety. A spotter assists the applicator to keep unauthorized individuals out of the spray area, assist with application, and monitor the equipment. Spotter training is required. Part time gardeners are required to have spotter training. b. The spotter’s role and responsibilities are as follows: i. Assist with posting (signage) of the site prior to beginning the operation. ii. Double check condition of the sprayer unit prior to use. iii. Monitor equipment during operation. iv. Assist applicator with positioning of hoses. v. Monitor area during the application for people and/or pets that might inadvertently enter the site. Approach and warn people that a pesticide application is in progress and that re-entry may occur only when the product has dried (or ...