SC ALB Tree Removal SOW 420.docx

1.2 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 Charleston County, SC (2020). ALB has been successfully eradicated from Chicago, IL, New Jersey, 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 that 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 emerge from host trees in early summer, forming characteristic round exit holes that are approximately the size of a dime; beetle emergence typically takes place from May through October in South Carolina.

1.3 Type of Contract and Period of Performance

This is a single award six (6) month fixed price contract.

1.4 Definitions

Body of Water: A large depression of land manmade or natural where there is a significant accumulation of water that is a clearly distinguishable part of surface water with a small range of water level fluctuation.

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 and section 3.5 Proper Disposal/Deregulation.

Fill Material: any material that may be deposited into waters of the U.S where the material has the effect of either replacing any portion of a waters of the U.S. with dry land or changing the bottom elevation of any portion of a water. Examples of fill material include but are not limited to wood chips, tree logs and branches, rock, soil, construction debris, and materials used to create any structure or infrastructure in waters of the U.S.

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

Freshwater Wetland: Low-lying areas where water covers the soil found along the boundaries of rivers, lakes, streams, ponds, or shallow depressions that fill up with rainwater.

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 and ordered for removal.

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).

Targeted Trees: ALB host trees identified to be removed as specified on the task order.

GOV: government owned vehicle Landscaped: any area of ground that is maintained for aesthetic value. This may include but not be limited to, open lawn, yard, and/or garden beds, with or without established ground cover.

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

Marsh: An area of low-lying land flooded in wet-seasons or at high tide that typically is always waterlogged. Marshes are connected to the ocean and dominated by herbaceous rather than woody plant species.

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.

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 (RWP): 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 Contract 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.

Quarantine Zone (QZ): the geographic area under regulation for ALB. Synonymous with Regulated Area.

Wetland: areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Woodlot: a clearly unmanaged area that cannot be classified as landscaped as defined above, typically without groundcover and heavily wooded.

1.5 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 Clemson University’s Department of Plant Industry (DPI) is contracting for tree removal, deregulation of host material, and associated landscape restoration services in Hollywood, South Carolina. 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 South Carolina Code of Laws, § 46-9-40. A new infestation of Asian Longhorned Beetle was identified in June 2020 in Hollywood, SC. USDA APHIS and Clemson DPI are in the developmental phase of establishing an eradication program in the area. The goal of the South Carolina 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.

This contract will cover tree removal services in the various housing developments, wetlands, woodlots, and industrial areas under all conditions and terrain types within the Quarantine Zone. The work area is consistent with terrain types of the Atlantic coastal plain including swamps, marshlands, and tidally influenced areas, as well as upland forests. Work performed on public and private properties will require the Contractor to contact and meet with the property owner or other approved point of contact to discuss the removal operations prior to starting the work. 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 of collateral trees; removal and deregulation of all brush and woody debris resultant from the removal of targeted trees; stump treatment (herbicide treatment or stump grinding); employing methods to reduce soil disturbance/loss; and extensive landscape restoration including, but not limited to, topsoil replacement, seed sowing, and occasional tree replacement when needed (see Section 4.6.1 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 local 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.

1.6 U.S. Fish and Wildlife Requirements and Concerns

Four federally protected species may be impacted by ALB eradication efforts: northern long-eared bat (Myotis septentrionalis), wood stork (Mycteria americana), frosted flatwood salamander (Ambystoma cingulatum), and pondberry (Lindera melissifolia). Bald eagles (Haliaeetus leucocephalus) are no longer threatened with extinction, but are protected by other federal statutes. Migratory birds are also protected under the Migratory Bird Act. USDA shall be responsible for informing the Contractor of the protection measures required of the Fish and Wildlife Service (FWS) to protect these species, and any restrictions that may affect removal operations. The Contractor is required to adhere to all recommendations provided by the FWS and USDA. The Contractor and project personnel are required to be knowledgeable in identification of endangered/threatened species. If any of the aforementioned species are identified or encountered on a Removal Site where they were previously unknown to be, all work shall cease and the COR shall be notified immediately.

1.7 Historic Landmark Preservation Act Requirements and Concerns There are 197 properties and districts identified as historic within Charleston County, SC and 13 properties in Dorchester County, SC. The USDA shall notify the Contractor if work is being ordered on a property protected by the Historic Landmark Preservation Act, and advise the Contractor of any special considerations that must be implemented to adhere to the Historic Landmark Preservation Act.

1.8 Public Relations and Media Inquiries

Contractor and subcontractor personnel shall display a positive image of the USDA and the SC ALB Eradication Program. 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. 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.

2.0 CONTRACTOR REQUIREMENTS

1. Contractor must be bonded and insured at the minimum levels established by the State of South Carolina, 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 South Carolina Commercial Applicator License in the following categories: Category 2 (Forestry), Category 3 (Turf and Ornamental), and Category 5 (Aquatics), 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 ALB 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. The Contractor shall pre-screen current and any 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.

2.1 Key Personnel

Per clause 452.237-74 Key Personnel, the Project Manager and Certified Arborist are considered Key Personnel(s). In addition to the Key Personnel(s), there are requirements to have a foreman assigned to each removal site.

2.1.1 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. 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 COR by cellular phone on a twenty-four hour/seven-days-per-week basis during active removal operations. If at any time the 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.

2.1.2 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.

2.1.3 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 COR 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 2.3 Use of Subcontractors for additional Foreman requirements regarding subcontractors.

2.2 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. 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. The contractor shall submit in their technical proposal a description and image of the uniform and a sample of the ID. Uniforms and IDs shall be approved by USDA. 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

CLEMSON DEPARTMENT OF PLANT INDUSTYRY

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 South Carolina 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 DPI.

2.3 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 a Contractor Foreman being present. One Contractor Foreman may oversee multiple subcontractors on the same removal site.

2.4 Equipment Specifications

2.4.1 Types of Equipment

The contractor is responsible for furnishing all equipment necessary to accomplish the work. 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. Winch or Lever Hoist

b. Skidder

c. Bulldozer

d. 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) Crane

9) Watercraft

2.4.2 Condition of Equipment

Contractor shall ensure that all equipment is in good operating condition. Equipment that is deemed by the COR to be 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.

2.5 Telephone Communications

The contractor shall have a minimum of one cell phone per crew to maintain communications between the removal site Foreman and the COR. The Contractor shall provide phone numbers of assigned Foreman and other pertinent key personnel to the COR on a daily basis. The contractor shall be responsible for the maintenance and proper operation of the telephones at its expense.

3.0 GENERAL WORK OVERVIEW

3.1 Evaluation of Performance

The Contracting Officer (CO), Contracting Officer’s Representative (COR), or 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 progress and problems, if any, being experienced. 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 participating parties. In addition, the CO or COR may provide the contractor with supplementary documents apprising contractor of performance.

3.2 Contract Oversight/Monitoring

All work ordered against this contract shall be monitored by a COR via impromptu daily site visits, or sustained monitoring by assigned government personnel as needed. The Contractor shall notify CORs via email of daily work locations no later than 7:00AM each working day. The contractor shall notify CORs within 20 minutes of any schedule changes. COR reserves the right to assign a government employee to observe removal operations and monitor contractor performance as needed.

3.3 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 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 Contract.

3.5 Proper Disposal/Deregulation

All woody debris as a result of removal activities on a given day must be deregulated and properly disposed of the same day it is produced unless written approval is provided by the COR. Disposal and deregulation requirements are considered incidental to all tree removal contract line items. Default deregulation method is chipping of all woody debris at the removal work site, and can be achieved via three approved methods.

1. All woody debris is chipped using a chipper that can maintain a drum/disc cutting speed that is no less than 200 rpm below the factory specification while in operation. Chipper must be equipped with digital auto reverse tachometer control to coordinate feed roller stop or reverse when the engine loses rpm. Auto-reverse tachometer controllers are recognized under various trade names relative to equipment manufacturer (e.g. AutoFeed Plus – Bandit; SmartFeed – Vermeer; AutoSense – Morbark). Chipper specifications shall be provided to the COR for review to ensure individual pieces of equipment meet the criteria for deregulation under this standard.

2. All woody debris is chipped to a size of less than 1 inch in two dimensions, using any style of chipper. Chip size to be verified by USDA staff prior to leaving the quarantine.

3. All woody debris is ground twice with a horizontal/tub-style grinder.

Deregulated material shall not be mixed with regulated material.

3.5.1 Contingency Proper Disposal/ Deregulation

If Contractor cannot deregulate woody debris at the removal site as described above, the Contractor shall have an agreement in place with a vendor that is capable of deregulating woody debris resultant from ALB program tree removals. The Contractor shall provide to the COR a plan for deregulation which outlines their agreement with the local deregulation vendor, which shall be approved by the USDA prior to any work being ordered under this contract. All material taken to the deregulation vendor must meet deregulation requirements within 48 hours. Note that the deregulation specifications for chipper rpms listed above does not apply to tub or horizontal grinders. It is the Contractor’s responsibility to ensure that all woody debris is deregulated at the worksite via onsite chipping or disposed of at the approved deregulation vendor located within the Quarantine Zone. The deregulation vendor shall agree to routine survey of their premises by ALB program staff. Alternate methods of deregulation, such as incineration, may be considered. Alternative methods of deregulation must be preapproved by the COR. Disposal and deregulation requirements are considered incidental to all tree removal contract line items.

3.5.2 Permits for Transport of Regulated Material

The Contractor may not leave the Quarantine Zone with regulated articles without express permission from the COR and a valid limited permit (PPQ form 530) issued by ALB program personnel. The Contractor shall be responsible for notifying the COR or other regulatory official in advance of when a permit is needed.

3.5.3 Deregulation of Equipment

Contractor shall deregulate all equipment prior to leaving the Quarantine Zone. Deregulation involves removing all regulated material from a piece of equipment. All equipment shall be cleaned sufficiently prior to deregulation inspection. Contractor shall provide and maintain a log for each vehicle or piece of equipment that documents each instance the vehicle or piece of equipment is deregulated. The deregulation log shall be kept with the vehicle or piece of equipment and may be subject to audit by the COR.

3.6 Permission to Remove Trees

The USDA and/or DPI will notify 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 make arrangements with them to discuss the removal process and develop a Removal Work Plan. The contractor shall not conduct any work under this contract until Contract has been issued and a Removal Work Plan has been developed and approved by all parties.

3.7 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. Contractor shall inform COR when the RWP was developed with someone other than the legal property owner and explain how permission/authority was granted.

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. If the contractor is unable to make contact with a property owner for any reason, the contractor must document their efforts to contact the property owner and provide that documentation to the COR with a draft of the Removal Work Plan. 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:

Property Information:

· Address and/or Parcel Identification Number where removals are to take place

· name of property owner(s)

· Contact information obtained from property owner(s)

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

· delegated property point(s) of contact and contact information if different from property owner

· pre-existing property conditions, including any property damage (photo/video documented)

· 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 and staging areas for Contractor vehicles and/or equipment and GOVs Work to be done:

· approximate number and type of targeted trees to be removed

· property owner approval/denial to remove collateral trees

· property owner approval/denial to leave chips on site (if applicable)

· specifics on how tree removals will be accomplished

· specifics on restoration work to be done, including any deviations from restoration work required as part of this contract Administrative:

· agreed upon working hours

· a proposed schedule/timeline for completing work

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

· phone numbers/contact information for the contractor Project Manager and COR

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

· Permits obtained for work in protected areas

· A comprehensive plan outlining how the work will be accomplished with minimal damage to the property and in accordance with South Carolina’s Best Management Practices (BMPs) for Forestry (https://www.state.sc.us/forest/bmpmanual.pdf)

· Recommendations from local authorities such as the US Army Corps of Engineers, SC Department of Health and Environmental Control, SC Department of Natural Resources, 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 a RWP and any supplementary documents shall be borne by the Contractor and considered incidental to removal contract line items. The Contractor shall adhere to the RWP as approved, proposed access routes, South Carolina BMPs, and/or recommendations of local conservation authorities. Any failures to adhere to the plan shall be reported to the COR.

3.7.1 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

· specific description of work being added and/or modified,

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

3.7.2 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 any information provided to the Contractor by the USDA or landowner. 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.

3.7.3 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. At no time shall the Contractor access a targeted property through a non-target property without permission from the landowner.

3.8 Research Tree Removal

On occasion, the Government may order the removal of trees for research purposes and ask that the contractor supports the sampling efforts. The scope of the sampling efforts will be on a case-by-case basis. Sampling efforts may include but not be limited to, felling the tree and delaying the disposal for several hours, bucking the tree into smaller sections, cutting samples (tree cookies) for research purposes, and transport of material to another location. Unless otherwise stated, the contractor shall fulfill all normal contractual requirements including proper disposal and deregulation, stump grinding and/or treatment, and restoration. All research tree removal work is incidental to associated tree removal contract line items.

Research sample trees shall be clearly indicated on the Task Order and clearly marked in the field. The tree removal shall be coordinated between the contract Project Manager, COR, and the researcher requesting the samples.

3.9 Tree Removal in Wetlands

The SC Asian Longhorned Beetle Program is currently working under a “No Permit Needed” agreement with the U.S. Army Corps of Engineers (USACE) to remove trees in wetlands. However, the USACE has provided certain guidelines that the Contractor shall adhere to when removing trees in wetlands to adhere to regulation set forth by the Clean Water Act:

1. Limit the use of mechanized equipment whenever possible. If trees can be hand cut and carried out, or winched out from upland areas, that is the preferred method.

2. If equipment must be used to remove targeted trees, the Contractor shall protect the ground using swamp mats or other suitable ground protection.

3. Contractor shall not permanently deposit fill material into wetland areas. Fill is any material that may be deposited into waters of the U.S where the material has the effect of either replacing any portion of a waters of the U.S. with dry land or changing the bottom elevation of any portion of a water. Examples of fill material include but are not limited to wood chips, tree logs and branches, rock, soil, construction debris, and materials used to create any structure or infrastructure in waters of the U.S.

4. Contractor may use temporary fill on a limited basis to facilitate access into wetland areas. Use of temporary fill shall be discussed with and approved by the COR and documented in the RWP. All temporary fill shall be removed as part of the restoration process such that no discharge of fill material into waters of the U.S. occurs.

5. The contractor shall complete work in accordance with South Carolina’s Best Management Practices (BMPs) for Forestry https://www.state.sc.us/forest/bmpmanual.pdf) as described in section 3.7 Development of the Removal Work Plan (RWP), or as advised by local conservation authorities.

6. When there is a wetland present on a property, the contractor is responsible for clearly stating the presence of a wetland on a property in the RWP. In addition, the contractor shall state in the RWP any special circumstance deviations from normal restoration that may occur as a result of BMPs.

4.0 TREE REMOVAL

4.1 Protection of the Removal Site

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.

The Contractor shall repair any damage to 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.

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 and efficient manner that will minimize property damage and impact to the soils. If permanent preventable property damage occurs that cannot be rectified (e.g. root damage to non-target trees, excessive bark scraping on non-target trees, destruction of personal property of sentimental value to the homeowner), the USDA may seek a price reduction and equitable adjustment for the poorly performed work.

The Contractor shall not leave the Removal Site unattended with hazardous conditions present produced from the contractors’ activities (e.g. holes in the ground, hanging branches, standing trees with wedges cut-out, etc.).

4.2 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.

4.3 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 2.0 Contractor Requirements. Contractor shall have no less than two (2) certified employees on the removal site when work is actively being conducted 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 COR shall confirm that the chosen employees are certified and give approval for the Contractor to proceed with the work.

4.4 High Risk Host Removal

High risk host removal is the complete removal and disposal of all identifiable host material from specific host species from a given location on the Removal Site. High Risk host removal may apply to the entire Removal Site or a small section of the Removal Site. High Risk host removal areas shall be clearly defined by the Task Order and associated documents and maps. When only portions of a Removal Site are targeted for high risk host removal, ALB program personnel shall be responsible for demarcating the perimeter of the high risk host removal area prior to Task Order award. All targeted host trees within a High Risk removal area shall be removed. Contractor shall be responsible for identifying the targeted host trees to be removed within a given high risk host removal area. All woody debris that is clearly identifiable as host material on the ground prior to the start of removal operations within a high risk host removal area shall be removed from the Removal Site and is considered incidental to tree removal.

Non-targeted trees within a high risk host removal area shall not be removed nor disturbed (e.g. roots and root flares driven over and damaged) unless absolutely necessary to access the high risk trees or if the trees would represent a hazard on the property upon completion of the high risk host removal. Non-targeted trees that need to be removed to access targeted trees, or because they would become a hazard, must be approved by the property owner as collateral trees. All work associated with collateral trees and shrubs are considered incidental to the contract line items for Tree Removals. Collateral trees and shrubs removed shall be deregulated, as described in section 4.7 Deregulation/Clean-up of the Removal Site. Additionally, the stumps of collateral trees shall be cut or ground, as described in sections 4.8 and 4.9.

4.5 Emergency Tree Removal

ALB infested trees detected in especially sensitive areas (e.g a new ALB introduction in a previously uninfested area) may be considered an emergency and may require an expedited removal process. Emergency tree removal or debris pick-up shall be ordered viContract but shall be reprioritized, such that the emergency tree removal work shall commence within 48 hours of the Task Order being issued. The COR shall inform the contractor when work is issued in an emergency situation.

4.6 Collateral Trees

To gain access to targeted trees, non-target trees may need to be removed; these are referred to as collateral trees. Collateral trees are incidental to the contract line item for Tree Removal. The Contractor shall make every effort to limit the number of collateral trees. Any collateral tree that needs to be removed must be pre-approved by the property owner and captured on the Removal Work Plan during the development phase. Property owner may authorize the Contractor to remove collateral trees using their own discretion, which shall be captured on the RWP. Collateral trees shall be marked by the Contractor in such a way that they are easily identifiable to the property owner and the COR. Method of marking collateral trees shall be consistent and must be durable enough to withstand environmental conditions and persist for up to two (2) months.

4.6.1 Unplanned Collateral Trees

Any non-target tree that is removed without property owner approval is considered an unplanned collateral tree and shall be replaced with an appropriate number of two (2) inch caliper trees. The Contractor shall replace unplanned collateral trees on a one-to-one basis OR at a rate of one tree for every five (5) inches of DBH lost; whichever number is greater. For example, if there are nine unplanned collateral trees with a total DBH of 40 inches, the Contractor shall plant nine replacement trees. If there are nine unapproved collateral trees with a total DBH of 60 inches, the Contractor shall plant 12 replacement trees. Replacement trees shall not be any of the 12 genera considered to be a host for ALB. The type of replacement tree must be approved by the USDA and/or homeowner and be suitable for the USDA Hardiness Zone and soil type. All replacement plantings shall be completed under the direction of an ISA-certified arborist and in a manner consistent with best management practices.

4.7 Deregulation/Clean-up of the Removal Site

At the end of each day, any woody debris resulting from removal operations on that day shall be deregulated by the Contractor via onsite chipping or taken to the contractor’s approved vendor for deregulation (see section 3.5 Proper Disposal/Deregulation). The contractor shall not overfill chip trucks and shall ensure that all material being transported to the disposal location is adequately contained and covered to avoid spilling of material onto roadways. Daily deregulation of woody debris is considered incidental to all Tree Removal contract line items.

The contractor may chip, grind, or shred woody debris on-site and leave wood chips on the removal site only if it has been agreed upon between the contractor and property owner, and documented in the RWP. Wood chips left on-site shall be left in a manner that does not harm other trees or cause property damage (e.g. volcano mulching, chips blocking access, etc.). When permission to leave chips is granted, the Contractor shall apprise the property owner of the nature and quality of the woodchips that will be produced.

At no time shall regulated articles be left on the Removal Site overnight. In the event of an emergency or extenuating circumstance, regulated articles may be left on the Removal Site after consulting with the COR and receiving written permission from the COR. Contractor shall leave the Removal Site and access point free of debris and waste at the end of each day. If roadways have been dirtied as a result of Removal Operations, Contractor shall ensure that roadways are cleaned prior to leaving the Removal Site each day. Contractor shall ensure they are abiding by all Homeowners Association bylaws in the communities where work is being ordered.

4.8 Stumps in Landscaped Areas (manicured)

In landscaped areas, stumps shall be ground to a depth of six (6) to eight (8) inches and as far out as is necessary so that there is no noticeable change in grade from the surrounding lawn to where the tree previously stood. Stumps that cannot be ground or fully ground due to imbedded objects, underground utility lines, erosion concerns, or other unforeseen circumstances shall be treated as described in section 4.9 Stumps in Woodlots and Natural Areas. The contractor shall consult the COR on all stumps that cannot be ground. Changes from stump grinding to stump treatment shall be approved in writing via a RWP Addendum unless previously stated in the original RWP.

Stump grindings…