36C78618Q9585-008.doc

Cemetery: Danville National Cemetery Project Title: Tree Removal POC: Steve Fezler Tele: (704) 636-2661

1.1 PRICE SCHEDULE

Scope: The Contractor shall furnish all equipment, parts, materials, labor, and supervision necessary to remove Elm tree and grind associated stump, located at the Danville National Cemetery, 721 Lee Street, Danville, Va. 24541. Performance includes filling of stump cavity with clean topsoil, properly grading soil into the surrounding area and seeding with turf type tall fescue grass seed upon completion.

Completion Time: The Contractor will complete all work within fourteen (14) working days after receipt of notice of contract award, subject to all terms, conditions, provisions and schedules of the contract.

Tree Removal / Stump Grinding /

(a) Removal and pruning of all trees shall be accomplished under the direction and guidance of an ISA Certified Arborist provided by the Contractor. All trees shall be topped prior to falling and all limbs over 3 ½” in diameter must be lowered to the ground by ropes. At no time should any branches, tree limbs or sections of the trunk be dropped to the ground or on any headstones. The Contractor will be responsible for any damage to the turf, roads or headstones caused by dropping parts of the tree or from heavy equipment on turf.

(b) All stumps shall be ground to a maximum of 4" below soil level, or to the lateral roots, if reached before the specific depth. The Contractor shall never grind the stumps to the depth that would interfere with the roots of any adjacent tree(s) that the Government intends to retain. All grindings will then be removed from the cavity of the stump. Stump cavities will be filled with clean topsoil, compacted and evenly graded. After grading has been completed the top soiled area will have grass seed (100% turf type tall fescue) evenly applied and graded.

(c) All wood chip particles and debris from the tree removal shall be cleaned up thoroughly and removed from the cemetery. The Contractor shall take every precaution to prevent any falling branches or trees from damaging any headstones, roadways, adjacent plant material or structures.

(d) The Contractor shall be responsible for repair and or replacement to any damaged turf, headstones or other property. All work will be completed within ten (10) working days of award of contract.

Utility Lines Compliance: Where pruning / stump grinding / tree removal conflicts with existing utility service lines (above or below ground), cemetery personnel and the appropriate utility company shall be notified by the Contractor. The Contractor shall obtain all necessary permits and cooperate with the utility company to avoid any damage or liability.

Debris & Waste Removal: Removal of debris and waste away from the cemetery grounds shall be the responsibility of the Contractor. At the end of each day, the Contractor will remove all pruning / trimming cuts, tree limbs, dead branches, bush / shrub / hedge clippings and other debris from the cemetery site resulting from the work. The Contractor shall ensure at all times that debris and waste generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. NOTE: The Government shall not provide receptacle(s) for disposal of debris related to this contract.

Communication & Coordination of Work with COR: Contractor shall participate in regular meetings with Government personnel and other Contractors at the cemetery to coordinate contract work schedules and contract related issues. Communication with the COR is strongly encouraged. Burial activities at NCA shall take precedence over contract work activities. Work activity and noise cannot disturb Burial Services. Trucks and workers are prohibited from passing through the service area during this period.

Cemetery Activities: To cause the least possible interference with cemetery activities, contract personnel will stop (cease) all work in areas where burials are taking place. As a general "rule-of-thumb", work should not take place within 1,000 feet of an ongoing committal service or ceremony. The Site Manager will re-direct work throughout the rest of the Cemetery – so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely manner, the COR may then do so.

Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government shall provide, at the time of contract award, a list of Government personnel authorized to act as Contracting Officer's Technical Representatives.

Contract MANAGEMENT

Site Manager: A “Certified Arborist” shall serve as the “site manager” for this contract and will be provided by the Contractor for not less than eight (8) hours a day whenever work is being performed - other than trash and debris pick-up. The Certified Arborist must have not less than three (3) years experience as a direct supervisor of a commercial tree maintenance operation that has included large shade tree removal, tree pruning and stump grinding/removal in industrial, commercial or public sites and must be certified by International Society of Arboriculture. The Certified Arborist will ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained.

Representatives of the Contracting Officer: The VA Contracting Officer will designate one (or more) representatives to serve as the Contracting Officer’s Technical Representative (COR). Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation(s) shall be furnished to the Contractor at time of award.

The COR is responsible for furnishing technical guidance and advice or generally supervises the work to be performed under this contract. The COR may direct and arrange the Contractor’s work schedule in specific areas of the cemetery to coordinate with daily cemetery activities and operations. Duties and responsibilities of the COR include, but are not limited to, the following:

(i) Provides contract oversight and technical guidance to the Contractor.

(ii) Acts as technical liaison between the Beverly National Cemetery and the Contractor and between the cemetery and the Contracting Officer. (Note: The COR may not modify the intent or the terms and conditions of the contract.)

(iii) Placing orders for services.

(iv) Determining whether contract deliverables meet functional, technical and performance specifications.

(v) Verification / certification of payments to the Contractor for services rendered.

(vi) Assuring that any changes effecting work involved, price, terms and/or conditions under the contract are not implemented before written authorization is issued by the Contracting Officer.

Contracting Officer: Contract Administration and administrative functions are the responsibility of the VA Contracting Officer. Any modifications to the contract, including those involving no-cost changes, increases and decreases in cost or level of services provided, termination or extension of the contract (in part or in whole) and decisions concerning claims or disputes, must be authorized in writing by the Government Contracting Officer.

Payment: Upon completion of all tree removals, stump grinding and soil and seeding of stump cavities the Contractor shall submit an invoice in arrears for services rendered. Prior to certification of payment, invoices will be verified for accuracy by the COR. The COR shall verify the services provided and authorize payment. VA reserves the right to reject any work that does not meet contract specifications.

Federal Holidays: All work required under this contract will be performed during normal business days and daylight hours between 8:00 am and 4:30 pm, local time, Monday through Friday, excluding Federal holidays. Deviations from the work schedule shall require prior written authorization from the COR. The following is a list of the Federal holidays:

New Year's Day

Martin Luther King's Birthday

President's Day

Memorial Day

Fourth of July Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

RESPONSIBILITIES & STANDARDS OF CONDUCT

Responsibilities

(a) The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Inclement weather - other than prolonged snow cover or unusual amounts of rain will not be considered an excusable delay in meeting specifications. The government expects the Contractor to work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines.

(b) All portions of the trunk and any tree limbs or branches over 3 ½ inches in diameter must be lowered to the ground by crane or ropes and may not be dropped. Any headstones that may have to be removed in order to obtain access to a particular tree must be performed by the cemetery staff and will be correctly replaced by the staff after the tree removal has been completed. At no time may the contractor drop any branches onto cemetery headstones or turf.

(c) The Contractor shall be aware of performance requirements necessary to meet contract specifications and deadlines. If the Contractor's work force is unionized, the Contractor will ensure the labor agreement has a “no-strike” provision to ensure Government contract requirements are met.

(d) The Contractor shall obtain all necessary licenses and permits necessary to perform the work involved and will take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor is responsible for any injury or damage during the performance of this contract including injury to himself/herself, his/her employees, or others.

(e) The Contractor shall be liable for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees' fault or negligence.

(f) The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of Virginia.

(g) Cooperation with other Contractors: The government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with other Contractors and with Government employees and shall carefully adapt scheduling and performance of work, adhering to any direction provided by the COR.

(h) More than one Contractor may have access to storage areas designated by the COR. The Government will not be liable to the Contractor for costs associated with claims, damages, loss or replacement of equipment or personal property while on Cemetery property.

(i) The Contractor shall not operate trucks, tractors, or other heavy equipment on any turf area except as provided in this contract or as authorized by the COR. The Contractor will be responsible for repairing turf damage caused by the Contractor during all weather conditions that is deemed excessive by the COR at no additional cost to the government.

(j) The Contractor shall provide adequate safety warning devices, barricades and cover boards, etc., at all work sites to eliminate hazards from public visitors and cemetery employees at no cost to the government.

(k) At the end of each day, the Contractor shall remove all debris from the cemetery site. At all times rubbish and trash generated by the Contractor shall be kept clear of vehicular and pedestrian traffic throughout the site. The government shall not provide receptacles for the disposal of debris related to this contract.

(l) Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract. Contractor will notify the COR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This will be followed up by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

Standards of Employee Conduct: Contractor and contractor personnel are required to adhere to the following standards of dress and conduct while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C. Section 218. Contractor and Contractor Personnel --

(m) Shall be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist. Clothing shall be clean each day. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited. Shoes/boots will have no holes or loose soles. Steel-toed shoes will be required in accordance with OSHA. Contractor employees will maintain personal hygiene.

(n) Shall not engage in loud or boisterous behavior or use profane or abusive language. Will show proper reverence during committal service.

(o) Shall not eat or drink beverages except water or non-alcoholic drinks while in the work area or in site of committal shelter during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

(p) Contractor personnel shall not lean, sit or stand on or against headstones or monuments. No tools, equipment or other items will be placed or leaned on headstones or monuments.

(q) SMOKING is not permitted within the Beverly National Cemetery. This restriction includes offices, restrooms, stairwells, entrances, exits or any other public area.

(r) It will be the discretion of the COR to implement immediate removal of Contractor and/or Contractor personnel from cemetery grounds if these standards are not adhered to during the performance of the contract. Contractor shall administer disciplinary action immediately as required to Contractor employees.

Supervision & Training

(a) The Contractor is responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required.

(b) The Contractor shall remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the Government's best interests.

(c) The Contractor shall also be responsible for training and safety precautions for contractor employees performing work under these specifications. OSHA standards shall be observed by the Contractor in all work performed.

(d) Appropriate safety equipment shall be furnished by the Contractor to contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices.

Use Of Cemetery Facilities

(a) The Government shall not be responsible for any loss, damage, or theft of contractor items, nor shall free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affair’s facilities used by contractor's employees.

(b) The Government will provide limited storage, housing and shop area. Space offered will be in “as-is" condition. Prior to making any modifications or alterations to the space, Contractor shall obtain written approval from the COR. Any such modifications or alterations shall be at the expense of the Contractor. Upon completion of the contract, the facility shall be returned to the government in the same condition as received at the expense of the Contractor, except for reasonable wear and tear.

(c) The Government shall not provide the Contractor with any fuel storage, equipment or telephones. If available, electric and gas utilities at the designated work and storage areas will be provided for purposes of contract performance only. The Contractor shall take adequate safety precautions to prevent hazardous product spills, fire hazards, odors and unsanitary conditions.

(d) The Contractor is responsible for safely handling any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturers recommendations. An MSDS (Material Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

(e) Only the Contractor’s equipment, supplies and property necessary to perform work under this contract shall be stored at the Contractor's designated storage area at the end of each workday. No maintenance or repair of Contractor equipment shall be conducted on cemetery property without the COR’s written approval.

(f) Contractor employees may park privately owned vehicles in the area designated for parking by the COR.

A.5.4 Liability & Indemnification

(a) The Contractor shall possess and maintain all necessary insurance, licenses and permits required for contract performance. Contractor is responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Virginia.

(b) The Contractor shall take all necessary precautions to prevent damage to headstones, markers, monuments, flower vases, turf and other cemetery structures during execution of this contract. The Contractor shall be charged current replacement costs for headstones or other property damaged because of actions by Contractor personnel.

(c) It is agreed and understood that there is no limitation on the Contractor’s liability. In no event shall the Government indemnify and hold harmless the Contractor from all damages, expenses or harm incurred by the Contractor, or from all damages, expenses, or claims, which may arise from third party claims.

(d) The Department of Veterans Affairs, shall indemnify and hold harmless the Contractor from and against any and all claims, demands, damages, liabilities or causes of action resulting from the negligent acts or omissions of the Department, its agents, and employees, acting within the scope of their Federal employment, arising from the performance of this contract.

(e) Contractors shall provide proof of insurance, licenses and permits required for contract performance within ten (10) days of receipt of notification of contract award.

(f) Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract. Contractor will notify the COR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This will be followed up by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

(End of Statement of Work / Specifications)

END OF WORK STATEMENT