2__MISP_Haz_Trees_-SOW.docx

Mill Springs Battlefield National Monument 9020 West Highway 80 Nancy, KY 42544

STATEMENT OF WORK:

Hazardous Tree Removal and Stump Grinding

DATED:

23 March. 2021

NATIONAL PARK SERVICE

SOUTHEAST REGION

Table of Contents

1. Hazardous Tree Removal SOW

2. Title to Materials

3. Conditions of Contract

4. Contractors Responsibility

5. Period Of Performance

6. Operations

7. Damage Caused by Operations

8. Safety and Accident Prevention

9. Liability

10. Pre-work Conference

11. Map of Locations

Statement of Work

1. Hazardous Tree removal Independently, and not as an agent of the Government, the Contractor shall provide The National Park Service with all labor, supplies, materials, facilities, and transportation to complete this project. Competing contractors are encouraged to visit site and self-determine project needs.

This contract requires the mechanical clearing and removal of standing hazardous trees and in the landscape of the Zollicoffer Park at the Mill Springs Battlefield National Monument. Hazardous tree identification requirements have been completed by the park staff. Pictures of trees and stumps have been identified within this Scope of Work. Approximately 3 trees have been identified within this project for removal, and/or mechanical clearing, 5 trees to be trimmed and 6 stumps grinded to ground surface. All potential bidders are encouraged to visit the site to verify quantity of trees, location and extent of work.

Manpower, equipment and skilled personnel can be arranged according to the required need for operations.

2. TITLE TO MATERIALS: All materials, including but not limited to merchantable logs, firewood, chips resulting from the removal of designated trees/brush under this contract, unless indicated or specified otherwise, shall become the property of the contractor. Remove rubbish debris from the park daily, unless otherwise directed; do not allow accumulations of rubbish or debris at the work site.

3. Conditions of Contract This contract shall include equipment to perform hazardous tree clearing operations. Heavy equipment is limited to Bucket lift or boom lift, chipper, chipper box, and stump grinder. Any other heavy equipment will be presented to the contracting officer representative prior to use. Vehicular equipment which is owned and operated by the contractor, which is used in the performance of work under this contract, and which is designed for highway use, shall be licensed in accordance with laws of the State of Kentucky. Each individual item of equipment used by the contractor shall be subject to the approval of the Contracting Officer and shall be maintained in safe and operable condition by the contractor at his own expense. There will be no “on site” storage or repair areas available for contactors equipment.

The contractor shall furnish all labor, materials and equipment including sufficient personnel to supervise the operations and to operate the equipment to be used under this contract. Supervisory personnel may serve the dual function of supervising and operating the equipment. All personnel employed by the contractor under this contract shall be competent and trustworthy and well qualified for their work. The contractor submits to the Contracting Officer (or his representative) a roster of his employees and their qualifications that will be working under this contract. The contractor and employees of the contractor shall be required to comply with all applicable regulations of Abraham Lincoln Birthplace NHP as directed, and full cooperation will be expected and required.

In order to protect potential bat habitats, any tree removal/clearing during the period of April 15 to November 15 will require the contractor to coordinate with the Contracting Officer Representative which designated trees they plan to cut on a daily basis. This is to allow park staff the time to monitor the designated trees to determine if said trees are roost for the bats. Once the contractor designates the trees to be cut daily, they shall have 24 hours to remove the designated trees. There shall be no more than three trees designated per day during this time period.

4. Contractor Responsibility Contractor’s work and responsibility shall include, but is not limited to, all planning, programming, administration, management, supervision and inspection required to assure all services are conducted in accordance with the contract and all applicable laws, regulations or directives.

In order to protect potential bat habitats, any tree removal/clearing during the period of April 15 to November 15 will require the contractor to coordinate with the Contracting Officer Representative which designated trees they plan to cut on a daily basis. This is to allow park staff the time to monitor the designated trees to determine if said trees are roost for the bats. Once the contractor designates the trees to be cut daily, they shall have 24 hours to remove the designated trees. There shall be no more than three trees designated per day during this time period.

5. Time of Performance Contractor shall begin performance not later than ten calendar days after receipt of Notice of Award. Work is to be completed with 30 days after work has initiated. Contractor is prohibited from loading and hauling merchantable timber or material on Saturday, Sunday and State or Federal holidays, during the term of this contract. Particular attention will be paid to season of work and scheduled accordingly as to not interfere with rousting.

6. Operations

1) Contractor shall follow a work schedule from 7:00 a.m. to 3:30 p.m. Eastern, Monday through Friday. Weekend work and work on Federal holidays is prohibited unless otherwise agreed upon in writing by the Contracting Officers Representative. A written request to work on weekends or on Federal holidays must be submitted to the Contracting Officers Representative 10 days prior to the requested date. Time unless otherwise agreed to in writing by the COR or designated representative.

In order to protect potential bat habitats, any tree removal/clearing during the period of April 15 to November 15 will require the contractor to coordinate with the Contracting Officer Representative which designated trees they plan to cut on a daily basis. This is to allow park staff the time to monitor the designated trees to determine if said trees are roost for the bats. Once the contractor designates the trees to be cut daily, they shall have 24 hours to remove the designated trees. There shall be no more than three trees designated per day during this time period.

2) Rubber tired/tracked equipment shall be required for use in all activities unless otherwise agreed to in writing by the COR.

3) Contractor or designated representative (in writing to the COR) shall be responsible for daily coordination of tree service activities to include the review of falling, bucking, chipping and trimming procedures; and to check progress and compliance with cleanup and site rehabilitation provisions. Contractor or designated representative also shall be available to meet with the COR or designated representative as often as necessary to ensure that work is progressing satisfactorily. These meetings will be held at the discretion of the Contracting Officer and a mutual effort will be made to discuss and resolve any problems identified. Should the contractor not concur with any finding discussed, the contractor shall so state in writing to the Contracting Officer within 5 days of the date the meeting was held. This requirement may prohibit contractor or representative from operating equipment on a regular basis.

a) Felling. Trees shall be felled to prevent damage to all facilities such as roads, walls, sidewalks, and gravesites. Trees to be removed and trimmed trees will need to be cut from top down by climbing the trees and lowering pieces to the ground for minimal ground disturba Broken limbs and hangers left in standing trees shall be removed by climbing standing trees with tree climbing equipment unless the use of other equipment is approved by the COR or designated representative. Facilities, particularly sewer, water lines and roads shall be protected by placing bumper logs across such lines. Other facilities shall be protected or moved and replaced in a usable condition at the same location. Lawn areas shall be protected from damage by vehicles and equipment through the use of plywood as a driving surface or by any other means approved in writing by the COR or designated representative.

Protection of overhead utility lines: In the event of interruption to utility services because of accidental breakage, contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service. If utility services are interrupted, cooperation shall be required until the service is restored. Contractor must also notify the COR or designated representative with one (1) hour of any such accident.

b) Chipping. Contractor shall be required to chip and dispose or load and haul all limbs, branches, logs, trunks, stumps, slash and pieces out of the park unless otherwise indicated. Piling or burning shall not be allowed.

c) Flushing of stumps. All stumps shall be flushed with the mineral soil. All stumps shall be cut with no splinters regardless of size. Pieces flushed from stumps shall be hauled from the site, unless otherwise directed by the COR or designated representative. All stumps accessible by a stump grinder in developed sites shall be flushed with ground level.

d) Tree trimming/tree surgery. All cuts shall be made flush with limb or trunk. Do not leave stubs.

e) Protection of roads and roadways. Roads shall be protected from felling operations by utilizing bumper logs and or other means as necessary.

4) Tree service work in the Zollicoffer Landscape shall include removal of designated standing trees (including merchantable logs), stumps and or all excess parts that are left over as a result of the trimming work, unless otherwise directed by the COR or designated representative. Removal shall include, felling, limbing, bucking, chipping, stump removal and disposal or loading and hauling all limbs, branches, logs, trunks, stumps, slash and pieces out of the park.

7. Damage caused by Operations All damages to facilities, structures, lawns, roads, road shoulders, culverts, and ditches shall be repaired or replaced in kind, or better, by the contractor at no expense to the Government as directed by the COR or designated representative.

Oil leaks from various pieces of equipment shall be repaired immediately on discovery. Repairs shall be performed at the site of discovery or break down. Oil pans and absorbent material shall be in place prior to beginning repair work. Contractor shall have “on scene” capability of catching and absorbing leaks or spillage of petroleum products including anti-freeze from break down or repair action with approved absorbent materials (sand or soil are not approved absorbent materials).

While servicing of equipment oil pans, absorbent materials shall be used to prevent leaks, spills and draining of petroleum fluids from falling onto bare ground and paved surfaces during servicing of equipment. Soils contaminated with such fluids shall be dug up (12” or until discoloration is removed, whichever comes first) and placed in appropriate safety containers, removed from the park and disposed of in accordance with Resource Conservation Recovery Act (RCRA), and or Kentucky State Environmental Regulations. Puddles of oil, gasoline, diesel, hydraulic fluid or other similar petroleum based fluids of one (1) gallon or more or affected area of more than one (1) square foot shall be considered “Road Damage” on road surfaces.

Absorbent materials shall also be used to prevent leaks, spills, and draining of petroleum fluids from falling onto bare ground. Soils contaminated with such fluids shall be dug up and placed in appropriate safety containers, removed from the park and disposed of in accordance with RCRA or applicable Kentucky State regulations.

Loss of any petroleum fluid of five (5) gallons or greater shall be reported through 911 emergency phone system immediately to initiate emergency response actions. After said reporting is completed, the COR or designated representative must be notified. Tree service operator is also required to submit to the COR a written report (within forth-eight (48) hours) of any such incident delineating the nature of the incident, action taken and resulting status.

8. Safety Accident Prevention

1) The contractor shall be responsible for the safe conduct of all operations, including but not limited to keeping all persons except employees of the contractor and the National Park Service out the work areas(s). Performance of all services shall assure complete safety to public visitors, workers, and all other persons in the area. The contractor shall comply with the safety standards contained in the Code of Federal Regulations, Title 29, as well as all current provisions of the Occupational Safety and Health Act (OSHA). If the contractor fails or refuses to promptly comply with safety requirements as specified herein, the COR may issue an order stopping all or part of the work until satisfactory correction action has been taken. No part of the lost time due to such a stop order shall be subject to claim for time extensions or for excess costs of damages to the contractor. The contractor will not be paid for work not performed as a result of a stop order.

a) Personal Protective Apparel and Equipment. Protective apparel and equipment shall be provided by the contractor for employees to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a hard hat and safety-toed boots during all contract work. Chain saw chaps, hearing protection, face shields or spectacles with side shields or goggles shall be worn by contractor employees when operating chainsaws. Face shields, or spectacles with side shields, or goggles shall be worn by contractor employees when operating chippers, stump grinders and other equipment as required or directed by the COR.

b) Safety Plan. Contractor shall provide a Safety and Accident Plan Prior to Notice to Proceed. This plan will include the company’s policy and procedure for dealing with Covid -19 incidents.

c) Hauling/trucking. Load all trucks or refuse containers leaving the site with loose debris in such a manner that will prevent its contents from spilling on any roads or streets. Fasten suitable tarpaulins over any load before it enters surrounding roads or streets. Any debris falling from the trucks or refuse containers shall be picked up and removed by the contractor and hauled away in the same manner as all other debris generated by performance of this contract. All refuse, debris and trash shall be removed and disposed of off the park. The disposal method shall be in accordance with local, county, state and federal government codes and regulations.

d) All logs shall be safely secured with binders before trucks move from the loading site.

e) Traffic control. Contractor shall be responsible for providing all necessary traffic control, such as street blockades, traffic cones, flagmen, etc., as required. The contractor shall install and maintain all temporary traffic controls which provide the user with adequate warning of hazardous or potentially hazardous conditions associated with tree service operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flaggers and devices shall be specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD). Flaggers shall be required when contractor equipment and or operations will block or obstruct any portion of a road or street. All traffic devices, including appropriate number of flaggers with vests, and operations will be inspected and approved before use and installation, by the COR or designated representative.

f) Fire Protection. Contractor agrees to do everything reasonably within its power to prevent and suppress fires within the park. Fire extinguishers will be available during all operations. Reporting fires: As soon as feasible after initial control action is taken, the contractor shall report through 911 emergency phone system or directly to the COR or other park employee any fire within or adjacent to the park.

g) Accident Reporting: Accidents shall be reported within 24 hours of occurrence, and all serious accidents (those resulting in death or injury requiring medical attention or lost time) shall be reported immediately.

g) Tailgate Meetings- The Contractor will schedule a kick-off safety meeting and thereafter will have weekly tailgate safety meetings. The Contractor will notify and coordinate with the Contracting Officer the date and time of these meetings. These meeting will include but not limited to Covid-19 procedures for protecting contractors’ staff, visitors and NPS staff.

h) Damage Reports. In all instances where government property, equipment, natural features, or landscape are damaged by contract employees, an immediate notification shall be made to the COR. A full report of the incident and extent of such damage shall be submitted to the COR within two working days of occurrence, excluding weekends, and holidays.

9. Liability Removal of forest products shall be at contractor’s sole risk and expense. Any damage done by operator in his/her operations hereunder shall be paid by contractor.

1) Contractor shall indemnify the National Park Service, its officers, agents and employees (including those of the General Services Administration) against all loss, damage, expense and liability resulting from injury to or death of person, including but not limited to, employees of the NPS or contractor or damage to the property, including but not limited to, property of the NPS or contractor, arising out of or in any way connected with the performance of this contract, however caused, regardless of any negligence of the NPS, whether active or passive, excepting only such damage, injury or death as may be caused by the sole negligence or willful misconduct of the NPS. Contractor shall, at the NPS’s request, defend any suit asserting a claim covered by this indemnity. Contractor shall pay all costs that may be incurred by the NPS in enforcing this indemnity, including attorney’s fees.

2) Contractor shall also indemnify the NPS against any and all claims or liens that may be asserted or filed against the NPS or against its premises for, or on account of any failure, neglect or refusal on the part of the contractor to pay for labor, power, teams, or equipment employed by contractor in the operations of this contract hereunder.

10. Pre-work Conference Pre-work conference will be held prior to beginning of tree service operations to review all operations and conditions. Contractor, contractor’s chief operator and the NPS COR or designated representative shall attend.

The attached Request for Quotations is based on the Federal Acquisition Regulation under the Simplified Acquisition Procedures.

Tree 1-To Be Removed

Tree 2- To Be Removed

Tree 3- To Be Removed

Tree 4- To Be Trimmed

Tree 5- To Be Trimmed

Tree 6- To Be Trimmed

Tree 7- To Be Trimmed

Tree 8- To Be Trimmed

Stump 2-To Be Removed Stump 1-To Be Removed

Stump 3-To Be Removed Stump 4-To Be Removed Stump 5-To Be Removed

Stump 6-To Be Removed

Project Site-Zollicoffer Park

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