MA Pre sol notice draft sow.doc

SECTION C – 2010 STATEMENT OF WORK (SOW) FOR CHEMICAL TREATMENT APPLICATIONS FOR MASSACHUSETTS

TABLE OF CONTENTS

3SECTION C – 2010 STATEMENT OF WORK (SOW) FOR CHEMICAL TREATMENT APPLICATIONS FOR MASSACHUSETTS

4C1. BACKGROUND

4C2. SCOPE OF WORK

5C3. WORK ORDERS

6C4. CONTRACTOR QUALIFICATION REQUIREMENTS

6C5. POST AWARD CONFERENCE & PREPARATION

7C6. CONTRACTOR PERFORMANCE REQUIREMENTS

8C7. CONTRACTOR QUALITY CONTROL

8C8. FAILURE TO PERFORM

8C9. USDA QUALITY ASSURANCE

9C10. CONTRACTOR LIABILITY

10C11. CONTRACTOR EMPLOYEE & EQUIPMENT REQUIREMENTS

12C12. NOTIFICATION OF THE PUBLIC PRIOR TO TREATMENT

12C13. TREATMENT PROTOCOL

14C14. ACCESS ISSUES INTO PRIVATE PROPERTY

17C15. SOIL INJECTION – APPROVED FORMULATION, APPLICATION METHOD AND RATE OF APPLICATION

21C16. TREATMENT PROCEDURES FOR PRESSURIZED TRUNK INJECTION

27C17. DBH MEASUREMENT, STANDARD AND SPECIAL REQUIREMENT FOR JAPANESE MAPLES

29C18. PRECAUTIONS / PUBLIC RELATIONS

30C19. RECORD KEEPING AND REPORTING

31C20. GOVERNMENT-FURNISHED TRUNK INJECTION SYSTEM AND BASAL SOIL / SOIL DRENCH METERS

31C21. GOVERNMENT FURNISHED PERSONAL DIGITAL ASSISTANTS (PDAs)

32C22. DEFINITION

32SECTION D – Packaging and Marking

32SECTION E – Inspection and Acceptance

32SECTION F – Deliveries or Performance

32SECTION G – Contract Administration Data

35SECTION H – Special Contract Requirements

37SECTION I – Contract Clauses

37SECTION J – List of Documents, Exhibits, and Other Attachments

C1. BACKGROUND

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), in conjunction with the State of Massachusetts, is planning a program to apply a systemic insecticide (Imidacloprid), for the control of the Asian Longhorned Beetle (ALB), Anoplophora glabripennis (Motschulsky). The program is intended to reduce the potential for damage from this significant pest species. Three methods of chemical treatment shall be applied for the control of ALB in MA during the 2010 treatment–soil injection, trunk injection, and soil drench.

The ALB bores into and kills a variety of tree species including, but not limited to, species of maple, elm, ash, horsechestnut, birch, poplar, and willow. This exotic beetle has the potential to spread across the United States and cause extensive loss to ornamental and commercial tree species. As a consequence, the Secretary of Agriculture has declared an emergency, committed resources to eliminate the ALB, and pledged to restore urban forests.

C2. SCOPE OF WORK

In the spring of 2010, USDA intends to chemically treat ALB host trees located in portions of the ALB infested areas in the Massachusetts counties of Worcester. USDA reserves the right to add and/or remove treatment areas as deemed necessary.

The Contractor shall provide all personnel, labor, supervision, supplies, equipment, and materials required to apply pesticides for the control of ALB, in accordance with this Statement of Work (SOW) and contract. The contract prices shall include all costs associated with the performance of all work issued against this contract for the control of ALB in the State of Massachusetts, including but not limited to, furnishing and transporting personnel and equipment, materials (including insecticides) necessary to chemically treat trees on public and private property, insurance, licenses, permits, fees, tolls, general and administrative, and other such costs required to perform the services specified herein. Any costs that the contractor may incur in replacing employees for poor performance or due to employee personal situations will not be charged to contract costs. The Contractor is also responsible for obtaining access rights and work permits for nonresidential properties as required. Such properties include, but are not limited to, schools (public and private), railroads, public utilities, and highways. These permits and permissions must be obtained in a timely manner, usually prior to the treatment work order period, to ensure adequate time for training and processing. It is important to note that obtaining access rights to railroads can be a lengthy process. Therefore, attempts to obtain these rights should begin immediately following contract award.

It is anticipated that treatments of all host trees identified within this SOW will be applied during the spring of 2010. All treatment shall be scheduled for Monday through Saturday. The program anticipates that the start time will be 7:00 a.m., with actual applications commencing by 7:30 a.m. and concluding at 6:30 p.m. Starting and ending times may be changed, for both appointments routine application hours, as agreed upon by the COR and the Contractor CR. The time of the last daily application should normally be no later than ½ hour before the end of the work day. All work hours are daylight permitting. Lunch breaks will be 30-45 minutes long (or more if necessary up to 1 hour) to secure and consume lunch and will be coordinated in the field between the Contractor and USDA. The lunch interval is to be scheduled within the 11:30 a.m. to 1:30 p.m. time frame.

The chart below indicates the projected start and end date for each of the contract areas.

Between 5,000 and 70,000 trees

USDA anticipates applying chemical treatments as estimated in the following table. Maps of each contract area are included as an attachment to this work statement.

In no event shall the failure of the Contractor to visit these treatment areas and consider general and local site conditions prior to submitting their proposal be grounds for a claim or price adjustment after award.

*Totals are estimates to provide an idea of expected work load. There may be more or less trees/dbh.

C3. WORK ORDERS

The delivery and management of work under this contract shall be through the issuance of work orders as written by the Contracting Officer Representative (COR) or the Contracting Officer Technical Representative (COTR), as authorized. Individual work orders will include specifics regarding treatment zones, approximate locations of host trees, estimated number of trees, estimated total DBH, treatment area maps, and other pertinent information. Daily and/or weekly work progression will be scheduled by the USDA in consultation with the Contractor. USDA will determine when a work order is closed.

The Contractor must provide the USDA with the necessary documentation to support invoiced line items to receive payment.

C4. CONTRACTOR QUALIFICATION REQUIREMENTS

The Contractor shall meet the following minimum qualification requirements.

Minimum Skills and Experience

1. A valid pesticide applicator’s license for the State of Massachusetts.

2. All licenses, registrations, and permits required by the State of Massachusetts to apply pesticides to soil, trees, etc.

3. Bonded and insured at the minimum levels established by the State of Massachusetts, or by the Federal Acquisition Regulation (FAR), whichever is higher. The minimum insurance levels of the FAR are contained elsewhere in the solicitation.

4. Minimum 3 years of arboriculture experience.

5. Prior commercial contracts performing application of soil injection and/or trunk injection treatments for trees within the last 3 years.

6. At least one full time arborist certified by the International Society of Arboriculture, employed on a full time basis, and dedicated to work for the duration of the contract.

7. There must be one category 36 certified pesticide applicators for every 4 applicators in each contract area for the duration of the contract as part of the applicator crews. Work shall not be delayed due to the lack of certified applicators available to treat schools and other properties that require a certified applicator.

8. The Contractor must train all field personnel engaged in applications or supervision for this contract to identify ALB host material. The USDA maintains the right to review the training materials used by the Contractor and make suggestions for improvement. Materials should be submitted to USDA upon request. In addition, the USDA has the right to attend any training hosted by the Contractor. The Contractor shall notify the USDA COR of training dates two weeks in advance. ****All field personnel must be able to identify sugar maples and distinguish them from other maples)***

9. All field personnel must pass a host identification test created by USDA with a score of 90% or better.

10. All Contractor applicator personnel will be trained and certified to conduct treatment using all methods included in this SOW.

11. If there are identified rail road lines and other transportation locations in the treatment area, safety training or clearance for access must be accomplished before the start of treatment activities. Insurance or security bonds for applications must be secured before application.

12. Contractors shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program.

C5. POST AWARD CONFERENCE & PREPARATION

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. Post award preparation shall be completed before ALB control treatments can be started. These formalities include approval of employee identification, uniforms, marking of vehicles, and inspection of equipment. Post award preparation shall be completed prior to the issuance of the first work order.

C6. CONTRACTOR PERFORMANCE REQUIREMENTS

The Contracting Officer (CO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO or 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 Contracting Officer (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.

The goal of this contract is to chemically treat all the Asian Longhorned Beetle host trees within the USDA designated treatment area as detailed in this SOW within the designated time frame. After award and prior to the start of the contract, USDA shall provide available information for host trees within treatment areas, detailing the property address, tree species, tree DBH, and other applicable information. Additional properties and trees may be added during the contract period as additional treatment releases (permissions) are received or obtained from residents. ALB program staff shall accompany the treatment crews in the field throughout the treatment process to facilitate any issues that would delay the treatment process and/or jeopardize the success of treatment applications. The USDA will record all treatment data and shall assist the Contractor in locating host trees and gaining access into difficult to access properties.

ALB program staff and the Contractor shall work together to ensure that all host trees within the USDA designated treatment areas are treated with the appropriate application method. All host trees shall be correctly identified, treated, and marked with an approved USDA marker to indicate that treatment has been completed. It is essential that only host material receives treatment. The Contractor shall ensure proper identification of trees and shall take corrective action if treatment of non-host material occurs due to improper tree identification. There will be no payment for non host trees treated by the contractor.

The USDA COR/COTR shall issue work orders to identify the work progression. USDA shall coordinate with the Contractor the daily production and progression to ensure the timely and effective treatment of all host trees as identified within this SOW. The USDA will provide the Contractor with the number of program personnel available to monitor the work. The Contractor should anticipate having a minimum of one program representative with each applicator team. The Contractor is responsible for the pesticide application to all host trees within the area designated by the work order.

C7. CONTRACTOR QUALITY CONTROL

The Contractor shall develop and maintain an effective pro-active quality control program to ensure services are performed in accordance with this SOW. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall ensure management oversight and supervision, training to employees (including subcontractor employees), error-free work, early problem detection and corrective actions, increased productivity and efficiency, and superior public relations. The Contractor shall provide the USDA with daily quality control field observations. This report should include any problems identified and corrective actions taken. The Contractor shall submit a copy of the Quality Control Plan to the COR two weeks prior to the start of treatment for review and approval.

C8. FAILURE TO PERFORM

Chemical treatment of host trees protects trees from becoming infested with ALB. Failure to properly treat 100% of the host trees within the USDA designated treatment areas provides host material for ALB populations to continue to survive and the time line for the eradication program to be extended. Each year the program is extended requires additional resources applied toward survey, control, and regulatory activities and increases the potential for failing to eradicate this exotic insect from the United States.

If the USDA determines that the Contractor is not meeting the requirements set forth in this contract, the government may temporarily stop all work being performed until the Contractor can rectify the problem or require the Contractor to re-perform the work at no additional cost to the government. The Contractor program manager must meet with field supervisors and applicators to rectify the situation. USDA reserves the right to observe such meetings. The Contractor will be held to original time period designated in any current work order.

C9. USDA QUALITY ASSURANCE

USDA staff will be monitoring treatment operations in the field on a daily basis. They will be available to assist the Contractor in resolving contractual, technical or property access problems encountered by the Contractor during the delivery of the contract. The government will evaluate the Contractor’s performance and record surveillance observations. The Contractor will be presented with a daily performance report. The COR, COTR, or designated APHIS representative will require the Contractor’s project manager, or representative on site, to initial the report. When an observation indicates defective performance, the initialing of the report does not necessarily constitute concurrence with the observation, only acknowledgement that they have been made aware of the defective performance. When an observation indicates defective performance, the Contractor shall immediately incorporate corrective actions into their quality control system, provide training to the employee responsible for the defective performance, and or replace the employee. Should the problem employee need to be replaced, the contractor will be responsible for the return transportation costs for the employee and the initial reporting transportation costs for the replacement employee.

The COR and COTR monitor all technical aspects of the contract and assist in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements including Government drawings and specifications, monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies.

To assure proper coverage and uniformity of application, government calibration checks will be conducted on all equipment prior to the issue of the first work order and anytime during the course of the contract when there is a reason to believe that the equipment is not functioning properly. USDA reserves the right to require additional calibrations, checks, and inputs as required during the period of performance.

C10. CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, vegetation, or animals which occur directly or indirectly from work performed by the Contractor and their subcontractor’s under this contract. For the purpose of this contract, indirect damages include, but are not limited to, damage to other plant materials and killing of non-host plants, shrubs, and trees near the treated host. This could, for example, occur during soil injection when roots of surrounding plants come in contact with soil injection area.

When remediation to a property is required due to incorrect application or unauthorized application, the entire cost of the remediation will be borne by the contractor.

The Contractor shall have and maintain insurance at the minimum levels specified herein throughout the effective period of performance of the contract. A certificate of insurance shall be provided by the insurance company demonstrating proper insurance coverage for the contract and properly endorsed with USDA as the certificate holder.

The Contractor shall immediately notify USDA COR and Contracting Officer of any damage, loss, or injury occurring during the effective period of performance of the contract. Each instance shall require an insurance claim, when in the judgment of the COR, corrective action can not be completed within 48 hours of the occurrence to the satisfaction of the COR and property owner or injured party. When in the judgment of the COR, an insurance company claim needs to be filed, the Contractor shall file the claim within 24 hours of receipt of the notification to file an insurance claim from the COR. Corrective action shall be completed within 2 weeks thereafter unless an extension of time is authorized by the COR and is acceptable to the property owner or injured party. The Contractor, or the Contractor’s insurance company, shall provide a written notice to the COR explaining the corrective action and showing the property owner or injured parties acceptance of the corrective action taken. The notification shall be on letterhead and include the Contractor’s policy number, claim number, Contractor’s name and address, contract number, work order number, location, claimant’s name and address, brief description of loss, damage, or injury, date of occurrence, corrective action taken, and acceptance by the property owner or injured party.

C11. CONTRACTOR EMPLOYEE & EQUIPMENT REQUIREMENTS

The Contractor shall designate a Project Manager for overseeing all contracts and a Contractor’s Representative and Contractor Field Supervisors for each contract area. The Contractor will define their respective roles, responsibilities, and delegation of authority on the contract in their detailed work plan. These individuals shall be referred to as key personnel and are subject to the terms and conditions of the key personnel clause. USDA shall not pay the travel costs for replacement of unacceptable staff or emergency staffing changes.

Contractor Field Supervisors shall be present in the field (in close proximity to the actual work being performed rather than a remote office location) in each contract area at all times while work is being performed and maintain direct contact with their pesticide applicators during the period any work ordered by USDA for treatment and control of ALB in Massachusetts is being completed. The Contractor’s Representative shall be present in the field as administrative duties permit. The Project Manager, Contractor’s Representative, or authorized designee shall remain available to the USDA COR/COTR by cellular phone twenty-four hours per day during active field operations. The Contractor’s Representative and/or Contractor’s Field Supervisor and the COTR will coordinate when and where each of the applicators will be working before the start of the work day. This may be accomplished at the conclusion of the previous work day or via a weekly schedule; the Contractor’s Representative and/or Contractor’s Field Supervisor and the COTR will determine when this coordination will occur. The Contractor’s Representative and/or Contractor’s Field Supervisor will inform the COTR when individual trucks or applicators have completed their assignments for the day and request additional work or permission to release the crew(s) from the work site. State of Massachusetts guidelines regarding pesticide applicator supervision must be followed.

The Contractor shall require each employee (including subcontractor employees) to visually display a photographic identification badge. The badge placement on each person shall be consistent and it shall be readily visible to another individual. The badge shall be worn at all times during working hours. The badge shall display the Contractor’s company name and phone number, “Asian Longhorned Beetle Cooperative Eradication Program,” and the employee’s full name.

The Contractor shall also require all employees, as well as subcontractors, to wear a uniform clearly identifying them as working for the Contractor. The uniform shall be readily visible at all times to another individual. All employees working on this contract shall portray a positive image (in dress, mannerism, actions, and speech). Uniforms and IDs will 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.

Contractor applicators must possess the required training and licensing as necessitated by MADCR and MADAR. Contractor applicators must demonstrate knowledge of and ability to identify woody tree ALB host species in Massachusetts. All Contractor field personnel providing services under this contract must be able to identify host species by common name in both winter stage and foliated.

The Contractor must have all appropriate equipment available for treatment. Adequate back ups of equipment including, but not limited to, soil injection/drench wands with and without kick plates, ArborJet injectors, drill bits, charged batteries, chemical, and personal protective equipment must be available. There should be 1 back up ArborJet unit for every 2 injectors. Prudent preventative maintenance should minimize delays due to equipment malfunction. Malfunctioning equipment shall be removed from service and replaced with a working unit, or may be repaired and returned to service if the problem can be corrected within 2 hours. Work shall not be unduly delayed due to malfunctioning equipment.

The USDA as an agency of the Federal government is a self-insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the Federal worker’s compensation insurance if injured while in the performance of their duties.

The Contractor shall have 2 signs secured to every vehicle used during the performance of this contract. Signs shall be of professional quality, clearly legible at 20 ft, and with green lettering on a white background to read as follows:

ASIAN LONGHORNED BEETLE COOPERATIVE ERADICATION PROGRAM

USDA, ANIMAL AND PLANT HEALTH INSPECTION SERVICE

MA DEPARTMENT OF CONSERVATION AND RECREATION

MA DEPARTMENT OF AGRICULTURAL RESOURCES

1-866-702-9938 The Contractor’s vehicles shall be clearly marked as 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 Massachusetts vehicle regulations.

C12. NOTIFICATION OF THE PUBLIC PRIOR TO TREATMENT

USDA Notification Requirements:

The Contractor shall notify all residents and businesses in the treatment areas via a written notice (door hanger) approved by USDA. The Contractor is responsible for reproduction and distribution of the written notice. All properties within the treatment area shall be notified via this written notice of potential treatment regardless of the host status of the property. The door hangers will be provided by the contractor. The language on the door hanger shall be approved by USDA in advance of public distribution.

Public notification to all residents and businesses in the treatment area must be completed no later than 48 hours prior to the commencement of chemical treatments. The Contractor will not be paid for any trees treated prior to the 48 hour lapse period. In addition to the minimum 48 hour general public notification via door hangers, the contractor shall notify local community boards, local poison control, local hospitals, police, schools (public and private), etc within the treatment area prior to the start of treatment. Notification to local communities via the chief elected officials will be made in writing a minimum of 14 calendar days before actual commencement of treatment applications and include at a minimum the following information, 1- company name, 2- local company telephone contact number, 3-name and telephone number of contract project manager, 4- Labels for each chemical to be applied, 5- anticipated dates of operation within the community board jurisdiction. The contractor may be required to attend pre- treatment community board meetings with program officials if needed. Written confirmation of community board notice will be provided to the USDA prior to commencement of treatment application. Notification to locally elected government officials will be handled by USDA through a general news release prior to treatment. The Contractor shall notify the COR, or designated COTR, in writing immediately upon completion of the notification in a scheduled treatment zone specifying the date and time of completion.

Massachusetts Department of Agricultural Resources and Massachusetts Department of Conservation and Recreation Requirements:

In addition to USDA notification requirements, the Contractor shall be required to meet Massachusetts Department of Agricultural Resources (MADAR) and Massachusetts Department of Conservation and Recreation (MADCR) regulations as they apply to the chemical treatment application for ALB. This includes the distribution of the appropriate pesticide label(s) to property owners or their representatives for actual treatment properties. Such notification may be accomplished in coordination with door hanger notification only with the concurrence of the MADAR and MADCR. The Contractor is strongly encouraged to contact the MADAR and MADCR. The Contractor shall submit to USDA in their technical proposal the protocol they will follow in meeting these requirements.

Special Notification Procedures for Schools, Day Cares Facilities, and Playgrounds

C13. TREATMENT PROTOCOL

The Contractor shall apply a systemic insecticide, Imidacloprid, via soil application or trunk injection methods approved by this contract, to all host trees within the treatment area(s) designated on work orders issued under this contract for the control of ALB. Treatment applications to host species trees shall be performed in an organized method that ensures treatment of 100% of available host material. The Contractor shall ensure 100% treatment of the available host material within each city block or designated program work unit before the treatment team assigned to that location proceeds to the next progression.

Instructions for measuring the diameter breast height (DBH) of host trees are found in the following sections:. C15 - Soil Injection – Approved Formulation, Application Method and Rate of Application; C16 - Treatment Procedures for Trunk Injection; and C17 - DBH Measurement, Standard and Special Requirement for Japanese Maples The program is responsible for providing information and data about the location of host species within zones/units or city blocks. The Contractor shall cooperate with inspectors in order to treat all host trees within zones/unit/city blocks even if they are not identified in the data records or on the maps. For properties identified as stands or woodlots, the program will assist the Contractor in locating and ensuring the treatment of all host trees. One-hundred percent treatment is defined as all properties with secured written releases being treated or determined as no access, refusal, no host, or not treatable due to various valid reasons including, but not limited to, dead tree and tree in standing water. The Contractor and COTR shall identify and concur on the staging area(s) for their treatment teams so that program staff will know where to meet the Contractor crews each treatment day.

Applicators shall physically measure the diameter at breast height (DBH) of each host tree immediately prior to its treatment, and the proper amount of chemical shall be applied based on this measurement in accordance with the contract. Visual estimates or guesses will not be acceptable.

The host trees to be treated under this contract include all species listed below. USDA reserves the right to add or subtract host trees listed for treatment.

· Elm (Ulmus spp.)

· Maple and Box Elder (Acer spp.)

· Birch (Betula spp.)

· Willow (Salix spp.)

· Horsechestnut and Buckeye (Aesculus spp.)

· Mountain Ash (Sorbus spp.)

· Hackberry (Celtis spp.)

· Ash (Fraxinus spp.)

· Poplar (Populus spp.)

· London Plane Tree and Sycamore (Platanus spp.)

· Mimosa (Albizia spp.)

· Katsura (Cercidiphyllum spp.)

USDA shall provide, at a minimum, available information in the form of a spreadsheet of host trees within treatment areas, detailing the property address, tree species, tree DBH, resident contact information, tree identification number (where applicable), release/access permission information, and area/zone maps with each work order issued under the contract. Transfer of this information to the Contractor may be accomplished using the Contractor’s FTP website or other electronic means as agreed upon by the Contractor and the COR. Updates to the information provided will be presented to the Contractor as available. Treatment sites include, but are not limited to, streets, highways, rail yards, private property, high rise buildings, schools, medians, alleys, parks, woodlots, and marshes. The Contractor is responsible for treating all available host trees within the treatment areas.

A line, approximately 2 inches long, shall be placed lightly by the contractor on every treated tree (once per tree) with a yellow forestry crayon once treatment has been applied. The mark will only be placed once a tree has been treated; placing marks on trees ahead of treatment is prohibited. Marks shall be placed on the side of the tree most easily seen from the point of access approximately 4 inches off the ground. Marks on signs and placards attached to trees are unacceptable.

Exceptions to this marking rule will be those containerized trees growing in private residential situations where durable marks would be unsightly. To avoid confusion in these situations the Contractor may apply a small flag or easily removable marker to the container to distinguish the treated from untreated plants during the treatment process.

All treated sugar maples will be marked with a permanent tag that has been approved by the USDA.

When possible, applicators should complete the area they are working in rather than another applicator taking their place to reduce the incidence of trees treated twice or not treated at all.

The Contractor shall take special care not to soil or damage the resident’s property during the treatment process and shall leave the property in the same condition as it was upon entry. Contractor should be aware that there may be the need for disposable booties to prevent soiling of floor surfaces, and application equipment may need to be carried in to prevent marring floor surfaces. All necessary spill clean up materials shall be readily accessible.

C14. ACCESS ISSUES INTO PRIVATE PROPERTY

A written release is required for all private trees to be treated. This “Treatment Release” may not be obtained for all private properties located within the treatment area prior to the start of treatments. The master treatment list provided to the Contractor by USDA shall indicate which properties have a “Treatment Release” and the properties for which no release has been obtained. Trees on properties with a treatment release are considered to be “Available Trees.” The Contractor shall not treat any property without a “Treatment Release.” If a USDA employee is acting within the scope of his or her employment and causes injury to a member of the public, any claim for money damages for personal injury, death, damage to property, or loss of property caused by the USDA employee’s negligent or wrongful act or omission is a claim against the United States and must first be presented by the injured party to the appropriate federal agency for administrative action under the Federal Tort Claims Act.

USDA may continue to receive “Treatment Releases” from property owners/residents throughout the treatment period. If the Contractor is still working within the treatment zone, the Contractor will treat these locations in conjunction with previously issued work. A separate work order may be issued to complete no access properties and these “late release” properties.

The Contractor shall be responsible for treating all available (see above) street, park, and private host trees (with a “Treatment Release”). For private properties (with a “Treatment Release”), the Contractor shall acknowledge their presence to the property owner/resident. If the property owner/resident is not home and the Contractor can access the property, the Contractor shall treat the host trees located on that property.

There are many private properties throughout Massachusetts which are not accessible for entry due to physical barriers (locked gates, dogs, row houses, courtyards enclosed completely by buildings, etc.). USDA will have obtained “Treatment Releases” for many of these properties at the time of treatment or throughout the treatment period. The Contractor shall be responsible to gain access into the property from the owner/resident to treat the host trees located on the property. The program personnel present may assist in gaining access. There may be properties where some trees are accessible and some are not. All accessible trees will be treated by the Contractor. If a location is deemed to be unsafe by the accompanying USDA representative and/or the applicator, the location will not be treated. These properties will be brought to the immediate attention of the COTR and the Contractor’s Representative for final treatment determination.

The Contractor shall attempt to gain access from the resident/property owner to treat private host trees using the following methods:

1. ALB Treatment Notice - delivered to the property/resident in advance of treatment. This notice shall be delivered to every property owner within the treatment area, regardless of host tree status. USDA shall approve the wording of the notice. The Contractor shall reproduce and distribute the notice.

2. Personal Contact the Day of Treatment – The Contractor shall knock on the doors of all property owners/residents for properties that have host trees. The program representative accompanying the Contractor will inform the Contractor of host properties.

With Signed Treatment Release

a. If the property owner/resident is NOT HOME and the Contractor CAN access the tree(s), then the Contractor shall treat the host tree(s) on the property.

i. For properties under treatment without the property owner/resident at home, an “ALB Treatment in Progress” notice alerting the property owner/resident to the treatment in progress shall be left on the entrance door or gate of the property. The Contractor shall remove this notice at the end of treatment. The Contractor shall produce and distribute this notice. The language of the notice shall be reviewed and approved by USDA.

ii. Upon completion of the treatment, the Contractor shall leave a written “ALB Treatment Completion” notice for the property owner/resident. The Contractor shall produce and distribute this notice. The language of the notice shall be reviewed and approved by USDA.

b. If the property owner/resident is NOT HOME and the Contractor CAN NOT access the tree(s), then the Contractor shall leave a written “Notice for ALB Treatment” for the property owner/resident. The notice will provide the property owner/resident with the name and phone number of the USDA in order to schedule an appointment for treatment. The Contractor shall reproduce and distribute this notice as required. The language of the notice shall be approved by USDA. The USDA shall indicate in the treatment records the trees that were not treated on the property due to “NO ACCESS.”

Without a Signed Treatment Release

a. If the property owner/resident is HOME, the Contractor shall attempt to contact the property owner/resident so that they may sign a treatment release.

i. If a treatment release is signed, the Contractor will treat the host trees on the property. The Contractor will retain the signed release and submit to the program representative present or to the COTR at the staging area. The program representative will record the release information in the PDA.

ii. If the property owner/resident requests to make an appointment, and/or review the release and return it to the program at a later date or by mail, or refuses treatment the Contractor will leave treatment information and a release with the owner/resident. The program representative will record the property as not treated with the appropriate reason noted.

b. If the property owner/resident is NOT HOME, the Contractor will leave treatment information and a release at the front door or other appropriate location. The program representative will record the property as not treated due to No Release.

Follow up visits for non-accessible properties will be scheduled by the USDA. USDA shall consider other options provided by the Contractor to maximize treatments on all private host trees.

Appointments will be scheduled and organized by the USDA and provided electronically to the Contractor on a daily basis. The Contractor will distribute scheduled appointments to applicators. USDA will upload and download appropriate treatment records for appointments in the PDAs on a daily basis.

The Contractor shall be aware and sensitive to the needs of predominantly ethnic and or religious communities in the timely completion of the work.

C15. SOIL INJECTION – APPROVED FORMULATION, APPLICATION METHOD AND RATE OF APPLICATION

Basal soil injection treatments shall be used on all trees available for the preferred treatment method, inclusive of public, private and park locations (see Precautions and Special Situations for exceptions).

BASAL SOIL INJECTION

Rate of use: 1.42 grams of active ingredient of imidacloprid formulated products (Merit brand or other as noted below) per inch of tree diameter. This is the maximum soil injection rate allowed by the label. For the treatment of schools and rooftops, at least one of the crew members will be a fully Certified Applicator in New York (not an apprentice or technician).

**CLARIFICATION** Acceptable formulations include Merit 75 WSP, Merit 75 WP, Touchstone 75 WSP, Criterion 75 WSP, Hunter 75 WSP, Lesco Bandit 75 WSP, Prokoz Zenith 75 WSP, Submerge 75 WSP (EPA Reg. Nos. 432-1318), Merit 2F (EPA Reg. No. 432-1312), Xytect 75 WSP (EPA Reg. No. 42750-117-74779) and Xytect 2F (EPA Reg. No. 42750-115-74779).

NOTE: FIFRA Section 2(ee) are approved in New York for all these formulations for the treatment of Asian longhorned beetle, or label wording does not require a 2(ee).

**Notification** The contractor will notify the ALB program of the formulation(s) they intend to use no later than 6 weeks prior to the initiation of work in this contract. This is in order to ensure that all necessary pesticide labels and approvals (2(ee), etc.) are in place.

OPTION 1: - USING LARGE TANK TRUCKS WITH MECHANICAL PUMPS *** Tank trucks shall be used whenever possible*** Mixing and Agitation:

1. Large tanks may be filled with water the night before treatment using a water metering system. Filling large tanks by site gauges will not be allowed.

2. Add 9 mL of Wex (wetting agent, Conklin Co., Inc.) for each 3 gallons (or, 10 oz per 100 gallons), agitate tank well during mixing. Any alternative suspending and wetting agents used shall receive prior approval by USDA.

3. Mixing of Merit (or program approved alternate) into the tank must be in the presence of USDA. While agitating the tank, add the appropriate amount of Merit into the tank per table below.

4. The solution will be mixed and/or agitated at the start of each treatment location. Chemical mixture shall be dispensed through a mechanical pumping system set at no greater than 50 psi.

OPTION 2: USING PORTABLE 3.5 GALLON TANKS

Mixing and Agitation:

1. Add 9 mL of Wex (wetting agent, Conklin Co., Inc.) to empty 3 gallon tank and fill tank to 3 gallon mark with water. (Wex wetting agent optionally may also be added to a nurse tank truck used for filling the smaller tanks. If this method is used, all of the water/wetting agent mixture must be used before additional mixture is added to the nurse truck tank). Any alternative suspending and wetting agents used shall receive prior approval by USDA.

2. Mix Merit 75 WSP (or program approved alternate) as follows:

a. Add FOUR water soluble packets of Merit 75 WSP (or program approved alternate) in 3 gallons of water and mix well. Treat at an application rate of ½ cup per inch of tree DBH.

3. The solution will be mixed and/or agitated at the start of each treatment location. Agitation may be accomplished by stirring, mixing or shaking of the canister contents; tipping and raising the canister from horizontal to vertical several times is sufficient to meet this requirement.

Soil Injection Equipment:

The equipment used for basal soil application shall be capable of delivering chemical through a soil injection wand without leakage. A kick-plate will be placed on the wand so that the injection depth is approximately 6”. The units must be of a design that allows for the accurate measurement of chemical being applied. The Contractor shall provide USDA a description of the application equipment and the delivery method to be used in the contract. Approved metering devices shall be used with the 3.5 gallon tanks and will be installed in-line using a Government approved configuration.

All tanks used for ALB treatments shall be triple rinsed prior to use in the ALB treatment application. USDA-APHIS reserves the right to observe the triple-rinsing process. The Contractor shall notify USDA if tanks are used for other applications outside of the USDA contract during the performance of this contract. If a tank is used for any other treatment application outside of this contract, then the tank shall be triple rinsed prior to use again in the ALB treatment application.

Soil Injection Calibration

At the start of each work day, the soil application units will be calibrated in the presence of USDA representative(s) by injecting no less than 1 quart of mix into a graduated container and then repeating twice more. Measured amounts will be compared with the output of the metering system. Application units or meters that differ by greater than 5% of the target will not be used. This should also be repeated during the workday as needed. Chemical expended during calibration, or remaining in the application lines and system, should be captured and recycled for operational use.

Soil Injection Treatment Procedure

1. The DBH of each tree will be measured as stated in section C17. Trees shall be treated per the enclosed table (Table 1).

2. Dispense the proper amount of product in a minimum of 4 injection sites, placed evenly around the base of the tree. Proper amount dispensed for either method shall be determined by a digital flow meter attached to the injection wand. This flow meter shall be calibrated daily to ensure the correct chemical amount is applied.

3. In general, the number of injection sites for trees 12” and greater will be determined by dividing the tree diameter by two, but this may be reduced if injection sites are limited.

4. The treatment mixture shall be applied under the soil around the base of the tree, normally no more than 12 inches from the base. In no case will material be allowed to puddle and run off-site. Any appearance of treatment solution moving from the site will halt the treatment. All spills will be properly and promptly cleaned up by treatment crews. The Contractor shall document all spills and remedial actions performed on the daily treatment record report to USDA.

5. Treated areas will be monitored until all puddles of liquid chemical are absorbed by the soil.

6. USDA does not require posted marking of the treated trees, other than that required by NYSDEC.

7. After treatment, all data will be recorded by the ALB staff member. Complete treatment records will be provided to the Contractor as stated in Section C19. Record Keeping and Reporting.

Table 1 – Rates to Apply Merit 75 WSP or approved alternative products when treating trees with single or multiple stems1

½ cup rate

1 Reference measurement protocols in “DBH Measurement, Standard and Special Requirement for Japanese Maples” for DBH determination of multi-stem trees.

Soil Injection Precautions and Special Situations

1. The applicator should ensure that the soil around the tree to be treated will absorb the specified dose and that no run-off from the treatment area occurs. If any chemical bubbles to the surface, the applicator will remain at the tree until any surface liquid is absorbed.

2. Basal soil applications with potential for run-off, either because of slope, because of proximity to surface water, etc. will not be permitted.

3. Basal soil applications will not be made to trees in close proximity to vegetable gardens or edible fruit/nut bearing trees.

4. For difficult to treat trees where obstructions exist within 12 inches of the base (i.e. large pit trees in sidewalks, trees with overgrown root masses, etc.), the application may be made to the nearest extent of the base of the tree while evenly distributing chemical within the available injection sites. In addition, these trees can be treated using an injection wand without a kick-plate, so as to enable an application within a confined area. Should this be impractical the tree should be trunk injected or noted for future trunk injection.

5. Trees growing within dense stands (e.g. woodlots) should not be treated with soil injection if the total amount of active ingredient applied will exceed the amount per acre per year specified on the label.

6. Trees identified specifically by the COTR as appropriate for trunk injection treatment shall be treated in this manner.

SOIL DRENCH

Soil drench treatments may be used on containerized tree plantings of any nature or location (i.e. roof tops, private balconies, patios, public streets) and on specific hard to reach open-grown trees with the approval of the COTR on a case by case basis. The formulations, rates of use, mixing and agitation, calibration, and precautions and special situations listed above for basal soil injection apply to soil drench as well.

Soil Drench Equipment

For soil drench the basal soil injection tip may be utilized or may be replaced with an appropriate drenching wand. The Contractor shall provide USDA with a description of the application unit and the delivery method to be used in the contract. A soil drench wand must be readily available to each application crew working in areas where soil drench applications may be reasonably anticipated. These areas may be identified in planning discussions with the COTR involved.

Containerized trees are defined as trees in planters, beds not directly in the soil, pots, or other similar containerized locations. Trees may be treated using the soil injection apparatus described above or a unit modified with a drenching wand rather than injection tip. Care must be taken that drench treatments do not result in run-off from the treatment area.

Soil Drench Calibration

If the application unit used with the soil drench wand has not yet been calibrated for any reason, the same calibration procedures listed above for basal soil injection will be followed.

Soil Drench Treatment Procedure

1. The DBH of each tree will be measured as stated in “DBH Measurement, Standard and Special Requirement for Japanese Maples” and any exceptions listed in this section.

2. Before application, a layer of soil from around the stem will be loosened and pushed to the side to facilitate uptake; after application, the soil…