Attachment 2 Performance Work Statement amendend.docx

Price Schedule

Subtotal

Performance Work Statement: Harvest of Ash Trees within the Infested Area of Emerald Ash Borer

1.0 Introduction

The mission of Plant Protection and Quarantine (PPQ) is to safeguard U.S. agriculture and natural resources against the entry, establishment, and spread of economically and environmentally significant pests, and to facilitate the safe trade of agricultural products. The emerald ash borer (EAB) is a non‐ native wood‐boring beetle that is devastating ash trees in the United States. Since its discovery in Michigan in 2002, APHIS, in conjunction with state and other federal agencies, has led an aggressive campaign to slow the spread of the pest with quarantines, surveys, tree removal, and public outreach programs. In spite of these efforts, the range of EAB has expanded to 36 states. To control the pest, PPQ has implemented an EAB biological control program. A major goal of this program is to release a parasitoid in every known infested county in the Nation. In order to achieve this goal, trees infested with EAB are harvested to support mass rearing efforts of four natural enemies of EAB.

1.2 Objective

This USDA APHIS Plant Protection and Quarantine (PPQ) has a requirement for a contractor to perform tree removal, bucking, disposal, transportation, and loading services. The predominant purpose for these services is to acquire Emerald Ash Borer Beetles (EAB) from harvested infested trees to maintain EAB biological control production.

1.3 Type of Contract

This is a firm‐fixed‐price contract with a base requirement and two option requirements.

1.4 Scope of Work

The USDA PPQ is contracting for harvesting of 308 EAB infested trees located within Winnebago County in the state of Wisconsin. (See Exhibit A, Site Summary.)

Services involve, but are not limited to, tree removal, disposal, transportation, bucking, loading, and stacking services. The Government will be responsible for marking trees for removal. Trees shall be harvested and then transported to Government facilities in Howell, MI and Brighton, MI. Great care will be taken to keep the bark on the trees intact throughout the harvesting and storage process.

The contractor must maintain crews at sufficient levels to support the harvest schedule.

1.5 Period of Performance

All work for this contract shall be completed by March 1, 2026. The completion date is based on the assumption that the successful quoter will receive notice of award by January 2, 2026. The completion date will be extended by the number of calendar days after the above date that the contractor receives notice of award. Timely performance is critical to avoid emergence of the EAB from harvested material.

1.6 Tree Harvesting and Transportation

Trees shall be harvested from the following locations:

Total

The trees to be harvested will be marked by the Government prior to commencement of work.

A list of trees to be removed and transported is provided in Exhibit B, Tree Inventory.

Transportation of Harvested Material The contractor shall be responsible for transporting whole trees (everything ≥ 2 inches in diameter). Trees will be bucked into 20in sections at harvest site or at destination. The contractor shall transport trees to the following facilities (located ~10 miles of each other):

United States Department of Agriculture Emerald Ash Borer Biological Control Rearing Facility 5936 Ford Ct., Suite 500 Brighton, MI 48116

Michigan Department of Natural Resources Tree Improvement Center 4631 Bishop Lake Road Howell, MI 48843

The Brighton facility may reach capacity during the unloading process and as determined by the Government, may require remainder to be delivered to the Howell facility at no additional cost to the Government.

1.7 Permits and Licenses

See Exhibit C, Site permits and licenses.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary certifications, licenses, and additional permits to complete the full scope of work, such as a permit for temporary road closures or to transport infested wood out of or through quarantines. The Contractor shall comply with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for implementing the terms and requirements of the permits and licenses held by the Government or the contractor.

This contract requires proof of liability insurance to be provided before work commences to the Field Team Leader to obtain final approval on for harvest in Winnebago Community Park, located in Winnebago County. Additional requirements for insurance are also required for Winnebago Community Park; they can be found in exhibit C permits. This contract requires a road closure permit and excavation permit to be obtained at the Scharine property site in Fox Crossing prior to beginning work. Permit fees are to be covered by the Contractor, a copy of the permit needs to be sent to the Field Team Leader prior to work commencing. Any questions and permit applications can be directed to and obtained from the Field Team Leader (see exhibit C permits).

1.8 Applicable Documents

The publications listed below form a part of this performance work statement to the extent referenced.

Regulations and Quarantines

1.8.1 USDA APHIS | Spongy Moth (SM)

Best Management Practices Guidelines

1.8.2 Wisconsin

Safety

1.8.3 OSHA

1.8.4 ANSI

1.9 Performance Requirements

The contractor must perform the work as follows:

a. Wood Harvest

1. Work at harvest sites, including loading transport vehicle must take place during normal business hours (7:00am – 6:00pm local time).

2. The contractor shall provide the Government with at least a 24-hour notice that work will be finished at the current site. The Government will inform the landowner of the Contractor’s plan and coordinate access to the next site.

3. The contractor shall post signage when on public property stating work is being performed in the area. Signs shall be posted at public entrances and near active work areas within each site. Where necessary trails need to be blocked off to ensure safety of the public with appropriate signage for wood harvesting.

4. Staging

a) Location of sites to stage trees and equipment will be determined by land manger and indicated on sites maps.

b) Posting adequate signage notifying the public of logging operations and equipment storage in these designated areas is mandatory as noted in this section.

c) All requirements for remediation and clean‐up set forth in this section apply to the staging and bucking areas as well.

5. Access properties in a manner so as to avoid damage to the landscape and/or property.

6. Remove USDA tree identification tags from harvest trees and return to USDA personnel.

7. Remove the designated infested trees without damage to neighboring trees.

a) Trees must be removed using acceptable industry practices for such removals.

b) Great care will be taken to keep the bark on the trees intact throughout the process from harvesting to storage at government facilities.

c) The work site shall be accessed from public roadways when possible. The contractor must prevent traffic hazards by erecting barricades, lights, or signs at the contractor’s expense. The contractor shall have staff dedicated to the direction of traffic anytime lanes of traffic are blocked by equipment or fall within the work zone. The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the coordination and written consent of the land manager or the appropriate delegated party. The contractor is advised to post signs prior to commencing work informing the public that tree removal work is occurring. Stapling, nailing, or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work at the end of each day.

d) Collateral trees

i. Collateral trees are defined as any non‐targeted tree that needs to be removed in order to fell selected (targeted) ash trees. Unmarked trees can only be cut with approval from USDA personnel. Costs associated with removing and disposing of collateral trees are included in the established unit prices and will not be separately reimbursed.

ii. The contractor shall coordinate removals so that all work can be completed in the most efficient way possible, with the least amount of collateral damage incurred. The contractor shall minimize damage and removal of collateral trees to the maximum extent practicable.

iii. Non‐target trees that are significantly damaged will be cut up and disposed of following the methods for disposal of ash tree portions left behind.

iv. Excessive collateral damage including permanent scarring of non‐targeted trees is not acceptable and will result in the Government’s remedies described in Section 1.11 of this Performance Work Statement. “Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements”.

8. The whole tree, from 2 inches in diameter and greater, will be included in the harvest. Trees are to be cut as close to level with the ground as possible but left no taller than 4 inches.

9. Harvested trees will be cut into segments no longer than 27 inches and no shorter than 20 inches. Logs that are greater than 15 inches in diameter will be split into smaller sections. The width of any split section will not be greater than 10 inches at the widest point.

10. Dispose of the waste and collateral trees. This will be the responsibility of the contractor.

a) All tops and brush debris will be mitigated as indicated in the applicable site permit or as landowner determines with either one or a combination of the following:

i. Tops and brush will be limbed and lopped so they are no higher than 5 feet from the ground. A reasonable effort will be made to bring this height to ~2 feet.

ii. Tops and brush will be chipped and spread to a depth not exceeding 6 inches.

b) Tops and brush debris will be spread at the location and not left piled.

c) All tops and brush debris will be moved off mow zones, roadsides, trails, etc. and into the forest (~20 feet). In the case of the rail property, brush will be moved to the fence line.

d) Stumps located in mow zones will be ground to prevent tripping and mowing hazards.

e) No debris will block or be left within any drainage features.

f) Burning will not be permitted on the project site.

g) The contractor will follow all regulations regarding the handling and disposal of infested trees and debris (Federal Regulations of SM are of special concern)

11. The contractor will perform the necessary preparation and clean‐up to secure the property, its contents, and any occupants from damage or injury during the removal process.

12. The contractor will restore the property to its original condition. Any surface disturbance resulting in exposed mineral soil shall be rehabilitated following State Best Management Practices, (Seeding, mulching, proper water diversions, grading, etc.). Rehabilitation efforts will be inspected and approved prior to completion.

13. Several trees on Scharine property site will require advanced tree felling methods, including but not limited to sheering, use of climber, use of fall suppression ropes. Great care must be taken to properly and safely fell trees. (see Exhibit A)

14. To the extent possible, the contractor shall limit any disruption to the occupants of the property.

15. USDA personnel will perform frequent on‐site monitoring. A final site inspection to approve disposal and remediation efforts will be conducted prior to finalizing work at all sites.

16. See attached for specific site information

a) Exhibit A, Site Summaries

b) Exhibit B, Tree Inventory

c) Exhibit C, Permits

b. Transport

1. Properties will be accessed in a manner that avoids damage to the landscape and/or property.

2. Approved access routes are indicated in exhibit A.

3. Harvested Logs shall be loaded onto the transport vehicle in a manner that minimizes tree/bark damage.

4. Transport vehicles will be filled to capacity before each delivery, unless extenuating circumstances exist.

5. Harvested Logs will be transported to the facilities specified in Section 1.7, Transportation of Harvested Material.

Chamber entrance dimensions are as follows:

Michigan Department of Natural Resources Tree Improvement Facility 4631 Bishop Lake Road Howell, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 6ft Inside Chamber – Height: 10ft Width: 29ft Length: 54ft Maximum height of stacked wood: 6ft 6in.

United States Department of Agriculture EAB Biological Control Rearing Facility 5936 Ford Ct., Suite 500 Brighton, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 5ft Inside Chamber – Height: 8ft Width: 13ft Length: 29ft Maximum height of stacked wood: 5ft 5in.

6. At a minimum, a 24-hour notice will be given prior to arriving to unload.

a) Arrivals will take place between 8:00am and 4:30pm Monday – Friday, excluding federal holidays.

b) Work associated with the arrival must be completed within this time.

c) USDA personnel will be on‐site to provide access to property and confirm load quality.

c. Stacking Logs

1. Offload infested wood from transport vehicle and stack neatly in coolers at predetermined location (listed above). The contractor shall provide all necessary personnel and equipment for unloading at the Government facilities (i.e. forklift).

a) Logs will be stacked in closely positioned rows. All logs in each row will be aligned, parallel, and stacked in a compact fashion.

b) Driver will take care to reasonably avoid blocking driveways, passageways, and entries/exits.

c) USDA personnel will be onsite to provide desired orientation and height of stack rows of wood.

d) USDA personnel will provide access to Government facilities, arrangement will need to be made 24 hours prior to arrival of contracting personnel. Codes and keys required for access will not be provided to contracting personnel.

2. Stacked logs will be elevated off the ground with USDA provided 4x4s or pallets to facilitate air circulation. If transported on pallets, the material must be unloaded from the contractor’s pallets prior to placement into the cooler.

3. Logs will be kept together from harvest site locations. Location of stacks of wood in coolers will be communicated to USDA personnel when multiple sites are contained in the same cooler.

d. Contractor Requirements All tree harvesting services shall be performed under the guidance of an International Society of Arboriculture Certified Arborist or company with State Master Logger Certification (any state). The contractor shall conduct all operations in connection with this contract in compliance with all applicable Federal, State, and local labor safety, health and sanitation laws, codes, and regulations. The contractor shall supervise and direct the work, using skillful labor and proper equipment for all work. The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

1.10 Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) or adjacent to the work sites, 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 that will remain in place.

b. The contractor shall protect from damage all existing improvements and utilities

(1) At or near the work site, and

(2) On adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

c. 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. This shall include but not be limited to all areas of paving, lawns, walkways, sidewalks, fixtures, fences, flower beds, etc. that were damaged, dirtied, altered or displaced by the tree removal work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. The contractor will not be liable for normal wear and tear, or damage caused by third parties. The contractor shall make USDA aware of any pre‐existing damages prior to commencing activities at the work site. The contractor shall provide photographic or video documentation of all pre‐existing damages prior to the start of removal operations and upon completion of all work at the site.

e. Excessive compaction of soil and excessive ruts is considered preventable property damage.

1.11 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a pet or livestock, if injured, or killed by contractor operations.

The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or were reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR via cell phone or in person. All damage shall be repaired within two (2) weeks or other time frame as agreed by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter‐signed by a Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred, unless a later time has been agreed upon by the Contracting Officer, to submit the release to the USDA for final approval.

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.

1.12 Safety

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

1.13 E‐Verify

Contractor shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program. The contractor shall verify employment eligibility of employees in accordance with the E‐verify Program (http://www.dhs.gov/E‐Verify). See clause 52.222‐54, Employment Eligibility Verification.

1.14 Unusual and Differing Site Conditions

(a) the contractor shall take steps reasonably necessary to ascertain the nature and location of the work at a given property site, and to investigate and satisfy itself as to the general and local conditions which can affect work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site; (4) conditions of the ground; (5) the character of equipment and facilities needed 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 maps and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

(b) The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Contracting Office (by submission through the Contracting Officer’s Representative) of:

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and are generally recognized as inhering in work of the character provided for in the contract.

(c) The Contracting Officer’s Representative shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made, and the contract modified in writing accordingly.

(d) No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the Contracting Officer.

(e) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Requests for equitable adjustments must include the following: a price breakdown in sufficient detail to permit an analysis of profit, and of all costs for material, labor, equipment, subcontracts, and overhead; and must cover all work involved in the effort, whether the work was deleted, added, or changed; as well as any time adjustments.

1.15 Payment

Payments will be made in accordance with clause 52.212‐4. Prior to final Government inspection and acceptance, the contractor shall complete all work, including but not limited to, completing all restoration requirements, final clean‐up of the premises.

The payment provided in the contract shall constitute full compensation for furnishing all materials, equipment and labor, and performing all work under the contract in a complete and acceptable manner. Payment items for the work of this contract are listed in the Pricing Schedule and described in this Performance Work Statement.

The Base Requirement and each Option Requirement will be paid on a “per job” basis.

The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract. Except as otherwise specified in this contract, all costs associated with incidental work shall be included in the Pricing Schedule item with which that incidental work is most closely associated. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract.

1.16 Invoices

All invoices shall be submitted through the Invoicing Processing Platform (IPP) at: www.ipp.gov The IPP is a government‐side secure web‐based invoice processing service offered free of charge to government agencies and their contractors by the U.S. Department of Treasury’s Financial Management Service (FMS)