A2._PWS_Tree_Removal.pdf

PERFORMANCE WORK STATEMENT

HAZARD TREE REMOVAL AND SPILLWAY CLEARING

FALLS LAKE

WAKE FOREST, NC

1. GENERAL

1.1 SCOPE OF WORK. The work shall consist of furnishing all labor, personnel, supervision, equipment, supplies and materials necessary to satisfactorily perform tree removal, tree and brush trimming, stump grinding and herbicide application at various designated locations (see attached map) at the Falls Lake Visitor Assistance Center located at 11405 Falls of the Neuse Road, Wake Forest, NC 27587. All work shall be performed to the satisfaction of the contracting officer.

1.2 DEFINITIONS – As used throughout this description / specification, the following terms will have the meaning set forth below:

1.2.1 CONTRACTOR - The “Contractor” is the individual whose proposal was accepted by the U.S. Army

Corps of Engineers and who has gained the responsibility of performing the duties governed by the specifications of this contract. The Contractor shall be responsible for ensuring that all subcontractors comply with the provisions of this contract.

1.2.2 CONTRACTOR REPRESENTATIVE - A foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract. The individual will be able to speak and understand English without difficulty.

1.2.3 CONTRACTING OFFICER (CO) – The term “Contracting Officer” means the person executing this contract on behalf of the Government, and any other officer of civilian employee who is properly designated Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

1.2.4 DIAMETER AT BREAST HEIGHT (dbh) – The diameter of a tree at 4.5 feet above the ground.

1.2.5 QUALITY CONTROL – The term “Quality Control” refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to insure they meet the specifications and requirements of this contract.

1.2.6 QUALITY ASSURANCE – The term “Quality Assurance” refers to action taken by the Government to ensure the Contractor’s quality control system is functioning and effective and that the Contractor is providing services, which are in accordance with the contract.

1.3 SAFETY. All equipment used and work performed shall be in accordance with safety requirements set forth in the U.S. Army Corps of Engineers Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, copies of which are available from the Falls Lake Corps office and available to download at:

http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/.

1.3.1 SAFETY INFORMATION. The Contractor shall maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies, and equipment incident to work performed under this contract. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.

1.3.2 ACCIDENT PREVENTION PROGRAM. The Contractor shall develop and submit an abbreviated accident prevention plan. This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of this contract. The plan shall show how the Contractor intends to perform all services in full compliance with the safety requirements set forth in the “Safety and Health Requirements Manual”, EM 385-1-1.

The Contractor shall submit an abbreviated accident prevention plan to the Contracting Officer for approval a minimum of fourteen working days prior to the commencement of services under this contract. See section 6.1 Health and Safety for additional safety requirements and details.

1.3.3 EQUIPMENT SAFETY. All equipment or materials found not to be in compliance with the requirements of EM 385-1-1 shall be removed from Government property immediately.

1.4 NORMAL WORKING HOURS. Normal working hours for the contractor shall be Monday through Friday (0730-1630), unless otherwise specified, or as specifically approved in advance by the Contracting Officer.

All federal holidays shall be observed by the Contractor and no work on site other than specified will be permitted without specific approval by the Contracting Officer.

1.5 WORK PERIOD. The contractor shall complete the work within 30 days from receiving notice to proceed.

1.6 OMISSIONS. This contract may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish contract work. In case of omission, the normal industry standards, practices, specifications and/or guides will prevail. In no instance shall an omission be reason to perform inferior work, produce a less than acceptable product or service, or refuse to perform an intended activity.

1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits, including but not limited to Commercial Driver’s License, herbicide applicator’s license and landfill dumping permits, required to perform this contract. The Contractor must provide documentation of its NC herbicide applicator’s license prior to commencement of services. The Contractor shall comply with all current Federal, State and local laws and regulations and shall comply with any subsequent changes.

1.8 OTHER CONTRACTS. Other Contractors and Corps of Engineers employees may be in close proximity to the Contractor’s designated area of work. The Contractor shall cooperate fully with all Contractors in the area and shall not impede the work of others in any way.

1.9 CONTRACT AREA. Work may be performed at any area directly managed by the Corps at Falls Lake, including the Tailrace, Dam, Visitor Assistance Center, radio tower area and undeveloped areas. General location of work areas are shown on the attached map. Prospective bidders should view work locations on site.

1.10 VEHICLES. All vehicles utilized under this contract shall be presentable, serviceable and shall comply with all applicable Federal and State motor vehicle regulations. The Contractor shall not drive off the paved or gravel access roads at any time without prior approval of the Contracting Officer. All vehicles utilized under this contract must meet all safety requirements set forth in EM 385-1-1. All Contractor vehicles shall be identified with the company name or logo, type of business and address conspicuously displayed on the door panels.

Professionally done hand lettering, magnetic signs, or pressure sensitive decals with 1½” or larger lettering may be used to comply with this specification.

1.11 DAMAGE TO PROPERTY. It shall be the Contractor’s responsibility in the course of performing the contractual work or at any time on Government property to guard against destruction, injury, defacement, removal or any alteration of public and/or private property including, but not limited to, developed facilities and vegetative growth. Heavy equipment operations will be cautioned to avoid damage to existing tree trunks, and roots.

In the event public or private property is damaged, it shall be the Contractor’s responsibility to notify the

Contracting Officer of the incident within 24 hours. The Contractor shall be responsible for repairing or replacing damaged property to the satisfaction of the Contracting Officer within seven days or less of the incident, or, with the prior approval of the Contracting Officer, the Government will make all necessary repairs or replacement of damaged property and all costs associated with said repairs or replacement will be deducted from the next invoice received from the Contractor.

1.12 COMMENCEMENT OF WORK. The Contractor Representative shall be available to attend all site visits prior to commencement of work. The Contractor Representative shall obtain all maps, photos, and instructions from the Government necessary to direct the work force in the accomplishment of work items. It shall be the responsibility of the Contractor to describe the work to subsequent employees and sub-contractors.

2. DESCRIPTION OF THE WORK

2.1 GENERAL. The Contractor shall perform vegetation and debris removal services consisting of clearing hazardous trees and vegetative debris in designated areas along roadways and parking lots, around buildings and storage areas, trails and in the emergency spillway (see Reference Map 1), and dispose of the material off-site in an approved landfill location. Remaining stumps shall be grubbed or treated with an approved herbicide.

2.2 LOCATION OF WORK. Work shall be performed in the locations indicated on the attached map.

Locations are adjacent to paved and gravel roads, parking areas, sidewalks, trails, Emergency Spillway and fishing platform.

2.3 HAZARD TREE REMOVAL. Contractor shall remove trees/limbs in the designated areas that are dead, diseased, or fallen, posing hazardous conditions to public safety or interfering with the use of project facilities. Trees shall be felled in such a manner as to avoid damaging trees to be left standing or to structures.

High visibility hazard trees – Hazard trees that are in a public use area or within 20 feet of the wood line of a public use area are considered high visibility trees, approximately 6 trees in total. These trees and stumps shall be completely removed or chipped. Stumps of highly visible trees felled will be removed to below ground level. This work includes complete removal and disposal of all felled trees, brush and stumps, etc. In addition, any depressions resulting from the above removals must be backfilled to the original ground elevation.

Low visibility hazard trees - In lower visibility areas, hazard tree stumps can be left in place up to the height in which they would cause a hazard, and vegetative debris can be left on the ground. There are approximately 20 total hazard trees in low visibility areas.

High visibility and low visibility hazard trees will be individually flagged prior to commencement of work.

2.4 EMERGENCY SPILLWAY TREE REMOVAL Contactor shall clear all trees and brush from the floor of the spillway up to (and including) the first rock bench, see attached map. Stumps for trees on the floor of the spillway will be removed, but stumps of trees on the slopes and 1st rock bench may be left in place. The limits for tree removal in the spillway will be marked by flagging in the field by the COR. Any remaining hardwood stumps shall be treated with herbicide in compliance with section 2.5. Pine tree stumps do not need to be treated with an herbicide.

2.4 TREE CHIPPING. In several of the designated work locations, trees may be chipped in place, with the chips remaining on site but are to be spread out and not left in large piles. However, in areas of high public visibility, the government will request that chips be transported off site for disposal.

2.5 HERBICIDE. Herbicide treatment shall be used on those stumps that are not grubbed or ground up.

The Contractor will treat stumps within 5 minutes of cutting. A marking agent such as dye shall be used in the application for quality control and quality assurance purposes. Herbicide specifically labeled for use over water will be required for applications over water, including creeks and bottomland wet areas. 95-percent kill of undesirable target species in the designated locations is required. Achieving this kill rate is likely to require 1-2 follow-up spot treatments, in order to achieve 95% kill for one year. All herbicides shall be used in compliance with label directions and federal, state, and local regulations.

2.6 HERBICIDE SELECTION PROCEDURE. The contractor is responsible for proposing the specific herbicides to be used to accomplish the vegetation control goals at each location, and will request prior approval from the Contracting Officer for use of these herbicides in accordance with Paragraph III.E. Triclopyr and glyphosate herbicides are effective against most of the target species. These herbicides will be categorized by the Environmental Protection Agency (EPA) as “general use”, and will be appropriately labeled for specific application (i.e. aquatic label for use directly over water). Herbicides used where spray mist could make contact with water must be registered for aquatic use. No restricted use herbicides are allowed. No herbicides can be used on Corps of

Engineers property without prior approval from the Contracting Officer. In addition, all carriers and adjutants must be non-toxic and registered for water applications. To further increase rain-fastness and enhance performance, a surfactant shall be added per label instructions to all herbicide mixtures when recommended.

Alternative Herbicides: At any time during the contract period, the contractor may submit a written request to apply alternative herbicides to those submitted in the initial proposal. The Contracting Officer must receive submission of such a request a minimum of 15 working days in advance of the desired application date. This submission shall be electronic and shall include, but not limited to, hyperlinks to an EPA product label, manufacturer’s catalog sheet or specification data sheet and safety data sheet (SDS), area to be treated, target pest, and reason for the. The request will be reviewed and evaluated, taking into consideration relative effectiveness compared to the currently specified herbicide, toxicity and costs.

The only herbicide application allowed is spot treatment to individual plants using a back pack or hand sprayer, wick applicator, cloth glove applicator, stem injection or herbicide clippers. No broadcast herbicide applications from vehicle mounted sprayers are allowed.

2.7 HANDLING, MIXING, AND APPLICATION RATES

A. Handling and Mixing: All herbicides will be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment. Mixing water is available at the maintenance area. The contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. This containment system must be constructed of impervious materials. In addition, the contractor will ensure that no contamination of any water source occurs and that emergency spill containment equipment is at the worksite and is capable of containing all potential herbicide spills from contractor vehicles/equipment. Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines.

Prior to leaving a worksite for the day, the contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers and litter resulting from contract activities on government property.

B. Equipment: The equipment used by the contractor shall be land-based, designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide.

C. Rates and Method of Application: Application rates will be determined by the contractor and are to be based on the type and density of vegetative growth, the labeling and manufacturers suggested rate tables. Varying conditions occur throughout the treatment areas. In some cases, the woody vegetation has been cut previously and new growth has occurred from the stumps. The contractor shall use discretion and professional judgment in determining the rate and extent of treatment necessary to achieve the treatment objective. The treatment objective is to prohibit growth of targeted vegetation for one year from the date of contract application. If the contractor chooses to not treat some areas because no growth is present at the time of application, the one-year guarantee will be invoked should new growth occur. This may require subsequent herbicide treatments to achieve the specified results.

3. EQUIPMENT

3.1 CONTRACTOR – FURNISHED EQUIPMENT. All Contractor-furnished equipment used in the performance of this contract shall be suitable in size and type for the intended use. Prior to commencement of any work, the Contractor shall submit to the Contracting Officer for approval a list of the Contractor’s available equipment. The Contractor shall be required to have tree care industry equipment.

3.1.1 INSPECTION. The contractor shall inspect all equipment daily. Any equipment found to be unsafe or not in conformity with the contract, specifications shall be removed from Government property immediately.

3.1.2 EQUIPMENT STORAGE. The Contractor may store his equipment at the work site during continuous working days if notification is given to the Contracting Officer in advance. The Government assumes no responsibility for the safety or security of equipment left on Government property. Equipment shall be removed as soon as possible after the completion of the work specified herein.

4. ENVIRONMENTAL PROTECTION

4.1 SCOPE. This paragraph prescribes actions required for prevention of environmental pollution during and as the result of operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemicals, physical or biological elements or other agents, which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water and land; and involves noise, solid waste management of radiant energy and radioactive materials as well as other pollutants.

4.2 PROTECTION OF LAND RESOURCES. The work areas on which the work is to be performed under this contract and the adjacent land resources shall be protected in their present condition. Damage caused as result of the Contractor’s operations shall be repaired by the Contractor at no additional cost to the Government.

4.3 PROTECTION OF WATER RESOURCES. Lakes and other water bodies shall not be polluted with fuels, lubricants, pesticides, fertilizer or other similar materials harmful to aquatic and terrestrial organisms or detrimental to outdoor recreation.

4.4 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State and Local laws, regulations, and standards regarding environmental protection. All environmental protection matters shall be coordinated with the Contracting Officer or his/her authorized representative. The Contractor may be inspected by the Contracting Officer or other Federal, State and Local officials without notice.

4.5 PROTECTION OF FACILITIES. The Contractor shall be responsible for restoring any facilities or structures damaged as a result of his operations. Care shall be used to avoid damage to existing structures and equipment. Any such damage shall be repaired or the items replaced as directed by the Contracting Officer at no cost to the Government. If the Contractor does not make such repair or replacement, the cost thereof will be deducted from payments made to him. The Contractor shall advise the Contracting Officer of any damage to the facilities immediately.

4.6 PERMITS AND RESPONSIBILITIES. The Contractor shall be responsible for obtaining any necessary licenses and permits as described in Section 1.7, and for complying with all applicable Federal, State and Local laws, codes, and regulations in connection with the accomplishment of the work. The Contractor shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence; shall take proper safety and health precautions to protect the work, the workers and the public.

4.7 REMOVAL OF MATERIALS AND RUBBISH. Before final payment is made, the Contractor shall remove from the site of work, all his equipment and any waste materials and rubbish resulting from the operations performed herein.

5. INSPECTION AND ACCEPTANCE

5.1 CONTRACTOR INSPECTIONS. The Contractor shall provide and maintain an inspection system acceptable to the Government cover the services under this contract.

5.2 GOVERNMENT INSPECTIONS. The Government has the right to inspect all services called for by the contract. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

5.3 ACCEPTANCE. Formal acceptance will be made by the Contracting Officer or authorized representative for and in behalf of the Government. All elements of the contract shall be satisfactorily performed and accepted in order to receive payment.

6.1 HEALTH AND SAFETY

A. In order to protect the health and safety of employees and other persons, to prevent damage to property, materials, supplies, and equipment, and to avoid unnecessary work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the US Army Corps of Engineers’ Safety and Health Requirements Manual, EM 385-1-1, dated 30 November 2014.

B. The Contractor shall also undertake additional safety measures that the Contracting Officer or COR determines to be reasonable and necessary.

C. Corps safety requirements do not permit the use of machetes.

D. Prior to the commencement of work, the Contractor shall submit an Abbreviated Accident Prevention Plan to the COR.

E. Work-related accidents involving the Contractor or his employees shall be reported promptly to the COR.

F. The Contractor shall obtain Safety Data Sheets (SDS) for all chemical materials used to complete this contract and submit copies to the COR.

G. Copies of all SDS shall be included in the Accident Prevention Plan and must be available to the Contractor’s employees in the field in case of an emergency.

H. The Contractor shall be responsible for ensuring that his employees strictly observe the laws of the United States, North Carolina and any other governing bodies which may affect the work to be completed under this contract.

I. The Contractor shall ensure that all hazardous or toxic materials are handled in a manner which prevents contamination of the environment, and that these materials are disposed of in accordance with Federal, State and local regulations.

J. The Contractor shall ensure that wastes generated by the contracted work (including tools, herbicide containers, bottles, cups, food wrappers, etc.) are removed from the work area and disposed in a lawful manner.

7.1 ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS (AT/OPSEC)

A. The Contractor will be required to adhere to the following conditions:

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Pre‐screen candidates by using E‐Verify Program. The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

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