2. SF1449 12639523Q0008 - SOW - T&C.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-PPQ-1255UF CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1700 ET612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639523Q0008

5. SOLICITATION NUMBER

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

1 72 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BETHEL OH 45106

3079 ANGEL DRIVE

USDA APHIS PPQ ALB

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation for tree removal services in support of the Ohio ALB eradication efforts.

Period of Performance: 02/01/2023 to 01/31/2028

0001 Base Year: 2-1-23 to 7-31-23 Ohio Tree Removal Services

Delivery: 07/31/2023 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 02/01/2023 to 07/31/2023

0002 Option Period 1: 8-1-23 to 1-31-24

Ohio Tree Removal Services

(Option Line Item)

07/31/2023

Delivery: 01/31/2024

Period of Performance: 08/01/2023 to 01/31/2024

0003 Option Period 2: 2-1-24 to 1-31-25

Ohio Tree Removal Services

(Option Line Item)

01/31/2024

Delivery: 01/31/2025

Period of Performance: 02/01/2024 to 01/31/2025

0004 Option Period 3: 2-1-25 to 1-31-26

Ohio Tree Removal Services

(Option Line Item)

01/31/2025

Delivery: 01/31/2026

Period of Performance: 02/01/2025 to 01/31/2026

0005 Option Period 4: 2-1-26 to 1-31-27

Ohio Tree Removal Services

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

72 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 72

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639523Q0008

01/31/2026

Delivery: 01/31/2027

Period of Performance: 02/01/2026 to 01/31/2027

0006 Option Period 5: 2-1-27 to 1-31-28

Ohio Tree Removal Services

(Option Line Item)

01/31/2027

Delivery: 01/31/2028

Period of Performance: 02/01/2027 to 01/31/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Table of Contents

1. General Information

1.1. Type of Contract

1.2. Scope of Work

1.3. Definitions

1.4. Background

1.5. U.S. Fish and Wildlife Requirements and Concerns

1.6. Historic Landmark Preservation Act Requirements and Concerns

1.7. Public Relations

1.8. Media Inquiries

2. Contract Requirements

2.1. Contractor Requirements

2.2. Key Personnel

2.2.1. Project Manager

2.2.2. Certified Arborist

2.2.3. Removal Site Foreman

2.3. Identification

2.4. Use of Subcontractors

2.5. Equipment Specifications

2.5.1. Types of Equipment

2.5.2. Condition of Equipment

2.6. Telephone Communications

2.7. Evaluation of Performance

2.8. Contract Monitoring

3. Site Work/ Work To Be Done

3.1. Working Hours

3.2. Progression of Work

3.3. Proper Disposal/Deregulation

3.3.1. Marshaling Yard

3.3.2. Permits for Transport of Regulated Material

3.3.3 Deregulation of Equipment

3.4. Permission to Remove Trees

3.4.1. Development of Removal Work Plan (RWP)

3.4.2. Investigating the Removal Site

3.4.3. Permission to Gain Access

3.5. Tree Removal

3.5.1. Protection of the Removal Site

3.5.2. Protection of Utilities

3.5.3. Tree Removal Around Energized Lines

3.5.4. Collateral Trees

3.5.5. Deregulation/Clean-up of the Removal Site

3.5.6. Full Host Removal

3.5.7. Emergency Tree Removal

3.6. Stump Removal/Grinding

3.6.1. Stump Grinding of Landscaped Trees

3.6.2. Stump Grinding in Woodlots

3.6.3. Deregulation of Stump Grindings

3.7. Stump Treatment

3.8. Removal Site Restoration

3.8.1. Restoration of Landscaped Settings

3.8.2. Restoration of Woodlots

3.8.3. Quality of Top Soil

3.8.4. Approved Use of Subsoil Fill

3.8.5. Damage to Non-Target Trees and Pruning Requirements

3.8.6. Re-vegetation Requirements on Full Host Removal Sites

3.9. Fence Replacement

3.9.1. Residential/Property Line Fence

3.9.2. Livestock Fence

3.10. Woody Debris Pick-up

3.11. Contractor Quality Assurance

4. Safety

4.1. Traffic Disruption

4.2. Hazardous Material/Chemical Spills

4.3. Personal Protective Equipment (PPE)

5. Contract Administration

5.1. Payments

5.2 Individual vs. Woodlot Pricing

5.3. Submission of Invoices

5.4. Contracting Officer’s Representative

5.5. Fair Opportunity Process for Placing Task Orders ................... Error! Bookmark not defined.

6. List of Document, exhibits, and other attachments

6.1. Tree DBH Measurement

7. Solicitation Clauses

8. Solicitation Provisions

1. General Information

1.1. Type of Contract

This contract is a fixed price Indefinite-Delivery Indefinite-Quantity contract. Work will be ordered through the issuance of individual task orders as the requirements of the U.S. Department of Agriculture (USDA) are defined.

Each task order will include the specific requirements related to the work covered by the task order, and delivery or performance requirements. Task Order prices will be in accordance with the fixed rates established in the Pricing Schedule. Task orders shall be issued by the Contracting Office via email.

Contract and task order minimums and maximums are addressed in the following clauses: See 52.216-19, “Order Limitations” and 452.216-73 “Minimum and Maximum Contract Amounts”. The line item quantities listed in the Pricing Schedule are estimates for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government.

The period of performance for this contract shall include a six-month base period, a six-month option period, and four option years, for a total maximum length of five years from date of award. See clauses 52.216-18, Ordering and 52.216-22, Indefinite Quantity.

1.2. Scope of Work

The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ), in cooperation with Ohio Department of Agriculture (ODA), as part of the Ohio Asian Longhorned Beetle (ALB) Cooperative Eradication Program, is contracting for tree removal and associated landscape restoration services. The USDA is working under the authority of the Plant Protection Act of June 20, 2000, as amended, Section 412 (a), 7 U.S.C.7712 (a) and the Ohio Revised Code (ORC) Sections 901.051 and

927.70. The Ohio ALB Cooperative Eradication Program maintains a quarantine zone for ALB, which includes all of Tate Township, portions of East Fork State Park, and portions of the East Fork Wildlife Area. The goal of the Ohio ALB Program is to eradicate ALB from all known infested areas and to prevent the spread of the insect to uninfested areas through the survey and removal of infested and high-risk host trees. Work performed on public and private properties will require that the Contractor meet with the property owner or other approved point of contact to discuss the removal operations prior to starting the work. The current quarantine zone may expand as new infested trees are detected. Work to be performed will be on an as-needed basis as outlined in Section

1.1 Type of Contract.

The Contractor shall provide all personnel, labor, equipment and supplies required to remove ALB host trees and restore the Removal Site to conditions comparable or better than conditions prior to any tree Removal Operations. Removal and restoration activities may include, but are not limited to, total removal of trees of any size and character in any location, removal and deregulation of all brush and woody debris resultant from the removal of targeted trees, stump grinding (or herbicide treatment), and extensive landscape restoration including, but not limited to, topsoil replacement, seed sowing, and occasional tree replacement when needed to replace damaged trees (see section 3.5.4.1 Unplanned Collateral Trees) The Contractor is responsible for completing work with the highest quality standards, timeliness, and minimal public disruption.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with all Federal, State, and municipal laws, codes, and regulations applicable to the work being performed. Payment provided for in this contract shall constitute full compensation for furnishing all materials and for performing all work under this contract in a complete and acceptable manner. Incidental expenses shall be accounted for in the price for the contract line item that is most closely associated with that incidental expense. Payment items for work under this contract are outlined in Pricing Schedule spreadsheet.

Current removals are occurring at approximately 40 trees per week but have been as low as 0 trees per week and as high as 350 trees per week. The contractor shall have the capacity to expand to 8 crews within 30 days at any time.

1.3. Definitions

Collateral Trees: Non-target trees larger than two (2) inches in diameter that must be removed to access target trees. Collateral trees are pre-determined and pre-approved by the homeowner and contactor before removal work is started on a property.

Contracting Officer (CO): A person with authority to enter into, administer, and/or terminate this contract and make related determinations and findings.

Contracting Officers Representative (COR): An individual delegated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions in relation to this contract.

DBH: diameter of the tree, measured at breast height or approximately 4.5 feet from the ground. See Section

6.1 Tree Measurement for DBH.

Deregulated: unprocessed woody material that is less than one half (1/2) inch in diameter or ground/chipped/processed woody material that is less than one (1) inch in two dimensions, meeting current regulations outlined in 7 CFR 301.51.

Frass: the excrement of boring insect larvae that resembles fine wood shavings.

High Risk Host: any host tree within a ½-mile from an infested tree that has not been declared infested with ALB by program staff but has been identified to be at especially high risk of infestation.

Host: tree species belonging to the following 12 genera: Acer (maple), Aesculus (buckeye, horsechestnut), Betula (birch), Salix (willow), Ulmus (elm), Populus (poplar), Platanus (sycamore, London plane), Fraxinus (ash), Albizia (mimosa), Cercidiphyllum (katsura), Sorbus (mountain ash), Koelreuteria (goldenraintree).

GOV: government owned vehicle

Livestock: live animals commonly raised for food, fiber, and riding such as goats, sheep, cattle, alpaca, and horses.

Performance Period: the length of time allowed to the Contractor to complete the work ordered under a Task Order, as specified in the Task Order.

Project Manager: employee of the prime contractor acting as primary point of contact for the government with the authority to direct all operations under this contract.

Regulated Article: as defined by 7 CFR 301.51-2

(a) Firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Cercidiphyllum (katsura), Fraxinus (ash), Koelreuteria (golden rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm).

(b) Any other article, product, or means of conveyance not covered by paragraph (a) of this section if an inspector determines that it presents a risk of spreading Asian Longhorned Beetle and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of this subpart.

Removal Operations: any work done by the Contractor as a result of work ordered under this contract.

Removal Site: parcel or parcels where work to be done is encompassed under one Removal Work Plan.

Removal Work Plan: written document developed between the Contractor, USDA, and the homeowner/authorized property representative, outlining the work to be done on a particular parcel or parcels as ordered via a Task Order under this contract.

Restoration: any and all tasks required to repair and restore a property to conditions comparable to, or better than those existing prior to Removal Operations taking place.

Task Order (TO): the contract document issued by the Contracting Officer to the Contractor that specifies the work being ordered by the Government. May also be referred to as a Delivery Order (DO), or Purchase Order

(PO).

Quarantine Zone: the geographic area under regulation for the ALB.

1.4. Background

The Asian Longhorned Beetle (ALB) is a non-native wood boring beetle native to Asia that attacks several hardwood tree species. ALB was introduced into the United States in solid wood packing material accompanying cargo shipments from Asia. ALB was initially detected in the United States in 1996 in the Greenpoint section of Brooklyn, New York. Subsequent infestations of ALB have been found in Chicago, IL (1998), New Jersey (2002), Worcester County, MA (2008), Boston, MA (2010), Tate Township, OH (2011), and Charelston, SC (2020) ALB has been successfully eradicated from Chicago, IL, New Jersey, sections of New York, and Boston, MA. The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ) is implementing quarantine and control strategies in New York, Massachusetts, Ohio, and South Carolina that seek to eradicate this serious pest from the United States.

ALB is classified in the wood boring beetle family Cerambycidae. Adult beetles can be identified by their large shiny black bodies that have irregular white markings on the wing covers, and the characteristic long antennae which are banded black and white. ALB are large beetles, with bodies ranging from 1 to 1 ½ inches in length. Antennae are equal to or longer than the length of the body. An ALB spends most of its lifecycle within a host tree as a larva. Young larvae feed just under the bark for a short time, then tunnel into the heartwood, creating feeding galleries filled with frass. These feeding galleries weaken the structural integrity of the tree, eventually resulting in tree death. Larvae overwinter inside the tree then pupate in early spring when temperatures begin to warm. Adult ALBs begin to emerge from host trees in early summer, chewing their way out of the tree, forming characteristic round exit holes that are approximately the size of a dime;

beetle emergence typically takes place from June through October. Many exit holes will appear on a heavily infested tree frequently accompanied by frass and sap oozing from the holes. ALB adults feed on tree foliage and will then mate. After mating, adult females chew depressions into the bark of host trees in which they lay an egg. The egg will hatch and tunnel into the tree, starting the life cycle over again.

1.5. U.S. Fish and Wildlife Requirements and Concerns

There are nine federally protected species within Clermont County, Ohio. Indiana bat (Myotis sodalist) and the northern long-eared bat (Myotis septentrionalis) roost in trees during the summer and USDA follows protection measures to minimize potential effects to the survivability of these species. The U.S. Fish and Wildlife Service (FWS) also lists running buffalo clover (Trifolium stoloniferum), and five species of freshwater mussels as endangered. Bald eagles (Haliaeetus leucocephalus) are no longer threatened with extinction but are protected by other federal statutes. USDA consulted with FWS to determine the protection measures that mitigate negative impacts to the habitat of these species as well. USDA shall be responsible for meeting the recommendations of FWS and informing the Contractor of the protection measures agreed to by USDA and FWS and any restrictions that may affect removal operations.

1.6. Historic Landmark Preservation Act Requirements and Concerns

There are 27 historic places identified within Clermont County, OH. The USDA will inform the Contractor whether the site is a historic property as well as any special considerations that must be implemented to adhere to the Historic Landmark Preservation Act.

1.7. Public Relations

Contractor and subcontractor personnel shall display a positive image of the USDA and the State of Ohio. All personnel must be courteous, and work shall be completed with minimal interference, inconvenience or disruption to the general public and property owners. Arguments, fights, use of profanity, and other negative public displays that could adversely affect USDA’s public image will not be acceptable.

1.8. Media Inquiries

All inquiries received from the media shall be immediately forwarded to the USDA for official response. Rhonda Santos at rhonda.j.santos@usda.gov is the USDA point of contact for ALB inquiries. Contractor and subcontractor employees are barred from discussing or providing interviews to the media or press relative to the ALB program without the consent of the USDA. News releases pertaining to this contract shall not be made without prior written USDA approval and then only in accordance with explicit written instructions from the USDA. No results of the activities associated with this contract shall be released without prior written approval by the USDA.

2. Contract Requirements

2.1. Contractor Requirements

1. Contractor must be bonded and insured at the minimum levels established by the State of Ohio, or by contract clause AGARS 452.228-71 (Alt 1) Insurance Coverage and 52.228-5, whichever is higher.

2. Contractor must have a valid Ohio Pesticide Application Business License and shall submit a copy to the Contracting Officer’s Representative (COR) within 10 days following notice of award.

3. Contractor must have a valid Compliance Agreement (CA) with the Asian Longhorned Beetle Eradication Program before commencing any work under this contract. Compliance Agreement training shall be provided by the ALB Program after notice of award and annually after that until the end of the contract.

All contractor staff working on location, shall take the training. The training takes approximately one hour. The government can provide multiple sessions to accommodate the contractor’s staff.

4. Contractor shall have a certification protocol in place to train staff to work around energized lines in accordance with applicable ANSI and OSHA standards, including but not limited to, ANSI Z133, OSHA 1910.331, OSHA 1910.267, and OSHA 1910.269. Certification records shall be presented to the COR within 10 days following notice of award, and anytime thereafter when a new employee becomes certified to work around energized lines.

5. Contractor shall ensure that employees and sub-contractors have passed a standard commercial background check prior to conducting work for the Program. Qualifications must be presented to the USDA COR within 10 days following notice of award.

6. The Contractor shall pre-screen current and prospective personnel that are planned to work on this contract, including subcontractors, using the Department of Homeland Security E-verify Program website (https://www.e-verify.gov/) to meet the established employment eligibility requirements. The Contractor must ensure that current and prospective personnel have two valid forms of Government-issued identification prior to screening in E-Verify to ensure the correct information is entered into the E-verify system. An initial list of verified, eligible contractor and subcontractor personnel must be provided to the COR within 10 days following notice of award. Additional lists will be required for new personnel at the time when there are plans to add the new personnel.

2.2. Key Personnel

Per clause 452.237-74 Key Personnel, the contractor shall assign the following key personnel as listed below.

mailto:rhonda.j.santos@usda.gov

2.2.1. Project Manager

The Contractor shall designate a Project Manager for overseeing the work performed under this contract.

The Project Manager shall have a minimum of three years’ experience overseeing multiple work crews working simultaneously on multiple projects. Project Manager must be approved by the USDA COR and deemed fit to act in this role. The Project Manager is the primary point of contact between the contractor and the COR and is responsible for ensuring the smooth and efficient progress of day-to-day operations.

The Project Manager shall remain available to the USDA COR by cellular phone on a twenty-four hour/seven-days-per-week basis during active removal operations. If at any time the current designated Project Manager leaves the employment of the Contractor, permanently or on a temporary basis, the COR shall be notified immediately, and all removal operations shall cease until a new or acting Project Manager is appointed and approved by the USDA COR.

2.2.2. Certified Arborist

The Contractor shall employ at least one full time certified arborist with current certification from the International Society of Arboriculture (ISA) or equivalent organization. The certified arborist shall be available for immediate on-site consultation each day when any work is being conducted. The certified arborist shall be involved in all aspects of the removal process, including, but not limited to, removal work plan development, oversight of tree removal, and oversight of restoration activities. The certified arborist shall make regular site visits to every Removal Site during the course of removal operations. If at any time the Contractor does not have a certified arborist available as described above, the COR shall be notified immediately, and all removal operations shall cease. USDA COR will rely on the advice of the contractor certified arborist as well as government-employed or third-party arborists in making final determinations regarding the designation of collateral trees or other matters where the contractor’s actions affect the health of non-targeted trees.

2.2.3. Removal Site Foreman

The contractor shall ensure that one Foreman is assigned to work with and supervise each removal site, including crews consisting of subcontractor personnel. The removal site Foreman shall be present in the field with their respective crew(s) in each removal and restoration area at all times while work is being performed. If at any time the Foreman must leave the removal site, he or she shall designate a temporary Foreman to direct work in his/her absence. The Foreman shall inform the government monitor of the name and contact information for the temporary Foreman as well as the length of the expected absence prior to leaving the site. Refer to section 2.4 Use of Subcontractors for additional Foreman requirements in regard to subcontractors.

2.3. Identification

The contractor shall require each employee, including subcontractor employees, to be in possession of a photographic identification badge at all times when working under this contract during working hours. The badge placement on each person shall be consistent and it shall be readily visible to another individual. The badge shall display the contractor’s company name and phone number, “Asian Longhorned Beetle Cooperative Eradication Program,” and the employee’s full name and full facial image. Individuals actively engaged in tree work are permitted to relocate and secure badges for safety reasons but must have them on their person so that it can be produced at any time. The Project Manager and any personnel interacting with property owners shall have the identification badge readily visible.

The Contractor shall also require its employees, as well as subcontractors, to wear a uniform and high-visibility safety clothing clearly identifying them as working for the Contractor. Identifying clothing shall be the outermost layer. Uniforms and IDs shall be approved by USDA. The contractor shall submit in their technical proposal a description and image of the uniform and a sample of the ID.

The contractor shall have two signs secured to every vehicle used during the performance of this contract. Signs shall be of professional quality, clearly legible at 20 feet, and with black lettering on a white background to read as follows:

ASIAN LONGHORNED BEETLE

COOPERATIVE ERADICATION PROGRAM

USDA, ANIMAL AND PLANT HEALTH INSPECTION SERVICE

OHIO DEPARTMENT OF AGRICULTURE

(513) 381-7180

The Contractor’s vehicles shall be clearly marked to identify the vehicle as being a part of the Contractor’s fleet.

Commercial vehicles used by the contractor must have appropriate commercial plates and abide by Ohio vehicle regulations. If personal vehicles are used for transportation to the removal site, the vehicle must not have inappropriate bumper stickers or other markings or placards on it that might be offensive to the general public or political in nature. The Contractor is responsible for removing any personal vehicles from the removal site if deemed to have inappropriate markings that would reflect poorly on the USDA or the ODA.

2.4. Use of Subcontractors

When using subcontractors, the Contractor shall have one of their own employees acting as a removal site Foreman for the subcontractor crew. The Contractor Foreman shall be present at each job site, directing the work of the subcontractor(s) and acting as the point of contact between the subcontractor and the government.

No work shall be done by the subcontractor without both the Contractor Foreman and the government monitor being present (see section 2.10 Contractor Monitoring). One Contractor Foreman may oversee multiple subcontractors on the same removal site.

2.5. Equipment Specifications

2.5.1. Types of Equipment

The contractor is responsible for furnishing all equipment necessary to accomplish the work, regardless of scope of work ordered. Necessary equipment may include, but is not limited to, the following:

1) Tree felling equipment

a. Chainsaws

b. Feller buncher

c. Bucket Truck

2) Logging Equipment

a. Skidder

b. Bulldozer

c. Grapple truck

3) Wood Chippers/Chipper Shredders

a. 15” minimum diameter

4) Transport Equipment

a. Chip trucks

b. Log truck/dump trailer

c. Lowboy trailer

5) Stump grinder(s)

6) Swamp Mats/Plywood

7) Fecon/Forestry Mulcher

8) Misc. Loading Equipment (e.g. skid steer)

9) Crane

2.5.2. Condition of Equipment

Contractor shall ensure that all equipment is in good operating condition. Equipment that is in unsatisfactory condition, or unsuitable for safe and efficient performance of the services required of this contract shall be promptly replaced with equipment that is in good operating condition. Equipment that is leaking fluids shall not be used.

2.6. Telephone Communications

The contractor shall have a minimum of one cell phone per crew to maintain communications between the removal site Foreman and the government monitor and/or COR. The Contractor shall provide phone numbers to the USDA COR on a daily basis. The contractor shall be responsible for the maintenance and proper operation of the telephones at its expense.

2.7. Evaluation of Performance

The Contracting Officer (CO), Contracting Officer’s Representative (COR), and other government personnel, as appropriate, will meet periodically (generally weekly or every other week) with the Contractor to review the contractor's performance. At these meetings the CO/COR will apprise the Contractor of how the government views the Contractor's performance and the Contractor shall apprise the government of problems, if any, being experienced. The Contractor shall also notify the CO/COR, in writing, of any work being performed that the Contractor considers over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government, meetings may be in person, or teleconference as agreed to by the COR.

2.8. Contract Monitoring

All work ordered against this contract may be monitored by a staff member of the ALB Eradication Program, hereafter referred to as the contract Monitor. Under normal circumstance, daily site visits will be conducted by USDA employees with contract specific COR delegation. These site visits are conducted at the discretion of CORs, randomly throughout the workday.

In certain circumstances the USDA reserves the right to prevent work from being performed by the Contractor without the Contract Monitor being on site and within view of work being done. ALB Eradication Program COR’s will notify the contractor when a monitor is needed on site in order for the contractor to perform work. The Government is responsible for ensuring the Contract Monitor(s) are on site when needed. The Contractor is responsible for notifying the Government of where work is going to be performed and if the assigned Contract Monitor is not present on the removal site, thus prohibiting the Contractor from doing work.

3. Site Work/ Work To Be Done

3.1. Working Hours

Sites are available for work between 8:00AM – 4:30PM, Monday through Friday. Contractor shall arrive on the removal site no earlier than 8:00AM and leave the removal site no later than 4:30PM. The workday starts and ends at the removal site.

All work shall be done in daylight and weather permitting. Working hours that differ from those stated above shall be negotiated between the COR and the Project Manager.

The government will require up to 4 days per year during which operations will not run. The government will notify the contractor 2 weeks prior to the non-workdays. The government will not hold any delays caused by the non-workdays against the contractor. The purpose of these days is for training and events where all staff are required to attend and are rare in occurrence, but the exact date of these events is not known at this time.

The contractor shall not perform work on Federal Holidays. Federal Holidays are listed at the following website:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview.

3.2. Progression of Work

The Contractor shall be responsible for planning and executing all removal operations. The Contractor shall be required to (a) commence work under this contract within 48 hours after receipt of a Task Order (except otherwise provided by the contract), (b) prosecute the work diligently, and (c) complete the entire work not later than the end of the period of performance stated in the Task Order. The period of performance stated in the Task Order will be based upon the quantity of work ordered.

3.3. Proper Disposal/Deregulation

All woody debris as a result of removal activities on a given day must be properly disposed of or de-regulated the same day it is produced. The Contractor shall leave the woody debris on the removal site in a de-regulated state or transport the woody debris to the Marshaling Yard. Exceptions for non-host materials must be made in advance and approved by property owner, COR, and Project Manager.

3.3.1. Marshaling Yard

All regulated material or woody debris resultant from removal operations that is not being left on the removal site in a de-regulated state shall be disposed of at the Marshaling Yard, currently located at 2896 State Route 232, Bethel, OH 45106. The Contractor shall not dispose of refuse, excess amounts of soil, or other non-woody materials at the Marshaling Yard. Once material has been deposited at the Marshaling Yard, it becomes property of the contractor that operates the Marshaling Yard.

While transporting material to the Marshaling Yard, the Contractor shall ensure that all vehicles are secured so that material does not spill out onto roadways and adjacent areas while en route to the Marshaling Yard.

During ALB flight season, May 21 – November 12, the Contractor shall seal all loads of woody debris, to minimize the likelihood that an adult ALB could escape if one were to be accidentally transported along with the material. USDA reserves the right to change the date range for the ALB flight season for years when environmental conditions are such that Growing Degree Day models predict an earlier/later flight season.

3.3.2. Permits for Transport of Regulated Material

If the contractor must leave the quarantine with regulated articles in order to dispose of them at the Marshaling Yard, the contractor shall be issued a limited permit (PPQ form 530). The Contractor shall be responsible for notifying the COR or other regulatory official in advance of when a permit is needed.

3.3.3 Deregulation of Equipment

Contractor shall deregulate all equipment before leaving the ALB Quarantine areas. Deregulation involves removing all regulated material from the piece of equipment. Deregulation of equipment shall be certified by ALB program staff and can be done either on the removal site by the Contract Monitor, or at the Marshaling Yard by the Marshaling Yard Monitor. Contractor shall provide and maintain a log for each vehicle or piece of equipment to be used for the purpose of documenting each instance the vehicle or piece of equipment is deregulated. The deregulation log shall be kept with the vehicle or piece of equipment.

3.4. Permission to Remove Trees

The USDA/ODA will provide property owners with a legal notice upon the discovery of ALB infestation on their property. These legal notices will inform the property owner that the ALB-infested trees need to be removed, and that the Contractor will be making arrangements with them to discuss the removal process and develop a Removal Work Plan. The contractor shall not conduct any work under this contract on any property where the property owner has not been notified by USDA/ODA and which does not have an approved Removal Work Plan.

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview

3.4.1. Development of Removal Work Plan (RWP)

Prior to the start of any removal operations, the contractor shall develop a Removal Work Plan (RWP) specific to each removal site that outlines the work to be done on the property. The property owner must be given the opportunity to contribute to, review, and approve the RWP. The contractor may develop the RWP with the tenant, or other primary point of contact, with permission from the legal property owner or trustee. A copy of the completed RWP must be provided to, and approved by, the COR prior to the start of any removal operations on the property. Any demands made by the property owner that are deemed unreasonable by the contractor must be brought to the attention of the COR. The COR will consult with the property owner and the contractor and provide the final decision to the property owner and the contractor.

In the event the contractor is unable to notify the property owner for any reason, the contractor must archive documentation of each of their efforts to contact the property owner including dates, times, method of contact, and transcript of interaction. This timeline will be included with a draft removal work plan for future action. The USDA will make its own attempts to contact the property owner before moving forward with legal action.

The initial RWP shall contain, at minimum, the following:

• Address and/or Property Identification Number where removals are to take place;

• name of property owner(s);

• mailing address of property owner(s) if different from removal address;

• property point(s) of contact and contact information if different from property owner;

• specific number and type of targeted trees to be removed;

• specific or approximate number of predetermined collateral trees;

• pre-existing property conditions, including any property damage

• Photo/ video documentation of entire proposed work area, prior to start of tree removal.

• removal site hazards (this includes but is not limited to any power, communication, and/or utility lines, septic systems, presence of domesticated animals, etc.);

• designated parking for GOVs;

• designated parking and staging areas for Contractor vehicles and/or equipment;

• a proposed schedule/timeline for completing the tree removal and restoration requirements within the period of performance specified in the task order;

• any other information deemed necessary by the contractor, USDA, or property owner prior to the start of removals such as, but not limited to, permission to leave chips on site, treatment of stumps, access routes, permission to remove collateral trees, notification requirements, restoration activities to be performed;

• the respective roles, responsibilities, and delegation of authority for the Project Manager and Foremen;

• phone numbers/contact information for the contractor Project Manager and USDA COR;

• signature panel for property owner/POC, USDA COR, and Contractor to sign prior to the start of the work, acknowledging the nature and scope of the work to be completed on the property;

• signature panel for property owner/POC, USDA COR, and Contractor to sign, attesting that the work has been completed and accepted;

Supplementary documents to the initial RWP may be required depending on the scope of work being ordered and will be requested by the COR when the task order is issued. Supplementary documents may include, but not be limited to:

• An access map clearly showing designated routes for hauling/skidding out targeted host material, proposed staging areas, and other relevant information;

• A comprehensive plan outlining how the work will be accomplished with minimal damage to the property and in accordance with Ohio Best Management Practices (BMPs) for Logging (see Appendix A).

• Recommendations from local authorities such as the Soil and Water Conservation District, Ohio Department of Natural Resources Service Forester, or other consulting forester or conservation authority authorized to make determinations about environmental impacts of logging routes and procedures.

All work and costs associated with developing supplementary documents shall be borne by the Contractor and considered incidental to the contract line item for the development of the RWP.

The contractors work shall adhere to the RWP as approved, proposed access routes, Ohio BMPs, and/or recommendations of local conservation authorities. Any failures to adhere to the plan shall be reported to the COR. The COR reserves the right to ask for consideration when contractor fails to adhere to the established plan.

3.4.1.1. Addenda to a Removal Work Plan (RWP)

Addenda to the RWP will be required when there are any changes to the original work ordered for the removal site.

Similar to the RWP, the addendum/addenda shall include:

• address where removals are to take place;

• name of property owner(s);

• mailing address of property owner if different from removal address;

• property point(s) of contact and contact information if different from property owner;

• reason for addendum; specific description of work being added and/or modified,

• signature panel for property owner/POC, USDA, and contractor to approve the addendum.

All work associated with developing addenda to the RWP is considered incidental and shall be covered under the contract line item for the RWP.

3.4.2. Investigating the Removal Site

During development of the RWP, the contractor shall take all steps reasonably necessary to ascertain the nature and location of the work at a given Removal Site, and to investigate and satisfy itself as to the general and local conditions which can affect work, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the ability of labor, water, electric power, and roads; (3) uncertainties of weather, surface water conditions, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; (5) the character of equipment and facilities suited preliminary to and during work performance.

The contractor shall satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as drawings and specifications made a part of this contract.

The contractor shall document the condition of the removal site prior to removal operations by photographing or videoing the property as well as a written description of any areas of damage prior to removal operations. The contractor shall make this documentation available to the COR upon request.

The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

3.4.3. Permission to Gain Access

If the contractor determines that the best course of action is to gain access to targeted trees through a neighboring property, the contractor shall obtain written permission to access through the neighboring property(ies). Written permission to access is required any time the contractor believes that removal operations will impact a non-target property, e.g. debris falling onto a non-target property or an access route through a non-target property. All restoration shall be completed on a non-target property to consider the removal operations for a given Removal Site to be completed. In the event that the contractor is unable to obtain permission, the contractor shall document all attempts to gain permission and consult with the COR prior to beginning operations on a removal site.

3.5. Tree Removal

3.5.1. Protection of the Removal Site

a) The Contractor shall preserve and protect all structures, equipment, and non-target vegetation (such as trees, shrubs, grass, etc.) on or adjacent to the Removal Site(s), which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation, structures, equipment, fixtures, lawn decorations, etc. that will remain in place.

b) The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed by a third party and charge the cost to the Contractor.

c) The Contractor shall minimize access routes to the trees targeted for removal, which allows for the most efficient removal of the targeted trees while minimizing property damage. Excessive compaction of soil, excessive rutting, and damage to roots and root flares of living non-target non-collateral trees, is considered preventable property damage. The contractor is expected to conduct removal operations in a professional efficient manner that will minimize property damage and impact to the soils.

d) The contractor shall warrant the services performed under this contract for a period of six months. See

FAR clause 52.246-20, Warranty of Services. Defects to the work performed can include the following:

unsuitable seed selection and application resulting in a lack of growth; unsuitable planting of replacement tree(s) resulting in the death of the tree(s); inadequate erosion control measures;

inadequate protection of non-targeted tree(s) resulting in their death(s) after operations; inadequate application of soil to fill in stump holes and ruts resulting in settling and an uneven surface; any other defects observed on the property after work has been completed, which was directly caused the by the contractor’s action or inaction.

3.5.2. Protection of Utilities

The contractor shall be responsible for locating all utilities in the vicinity of each tree to be removed. The contractor shall take suitable care to protect and prevent damage to such utilities from their operations under this contract; this includes various drain fields and septic systems. The contractor is responsible for notifying the public and private utility companies (i.e. telephone, electric, gas, and cable) when needed to ensure the safe removal of the tree(s). The contractor shall be responsible for notifying the utility companies as to when service can be restored and to cooperate with the utility companies to ensure service is restored prior to nightfall each day. The contractor shall, upon request, provide USDA with its contact information at each utility company.

When performing tree and stump removal adjacent to existing sewers, drains, water and gas lines, electric or telephone or telegraph conduits or cables, poles which are to remain in operation, the contractor shall maintain such utility equipment and structures in place at his/her own expense and shall cooperate with USDA and all stakeholders owning or operating such utility equipment or structures.

The contractor shall leave utility equipment or structures in as good condition as they were found prior to the start of removal work. In the event that utility equipment or structures are damaged, the contractor shall be responsible for, and shall repair, all damage to any such utility equipment or structure caused by their act, or their omission to act, whether negligent or otherwise.

3.5.3. Tree Removal Around Energized Lines

The Removal Work Plan shall clearly indicate when energized lines are a hazard, and what trees will specifically need to be removed by an employee certified to work around energized lines. Contractor shall follow all ANSI and OSHA standards applicable to tree removal around energized lines, including but not limited to, ANSI Z133, OSHA 1910.331, OSHA 1910.267, and OSHA 1910.269. The tree removal around energized lines shall only be conducted by employees of the contractor or subcontractor that are certified, as specified in section 2.1 Contractor Requirements.

Contractor shall have no less than two (2) certified employees on the removal site when work is actively being conducted on the targeted tree(s) near energized lines. Contractor shall notify the COR one (1) day in advance of when work is to be started on targeted trees around energized lines and provide the names of the employees that will be conducting the work. The USDA COR shall confirm that the chosen employees are certified and give approval for the Contractor to proceed with the work.

3.5.4. Collateral Trees

To gain access to targeted trees, non-target trees may need to be removed. Any non-target tree that needs to be removed must be marked with flagging and pre-approved by the property owner, designating it as a pre-determined collateral tree. The property owner may give blanket permission to remove pre-determined collateral trees. Permission from the property owner to remove pre-determined collateral trees shall be described in the Removal Work Plan (RWP). All pre-determined collateral trees shall be approved by the homeowner in advance of the start of removal operations. Pre-determined collateral trees shall be marked by the Contractor in such a way that they are easily identifiable to the homeowner and COR.