J1 - Specifications.doc

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Healthy Forest & Fuels Reduction Project Implementation: Marking, Cruising and Layout

Specifications

General: Project areas are located off the Fernberg Road (MN Hwy 169) east of Ely, Minnesota.

The Burgo sale project area (Bid Item #1) is located approximately 4 miles north east of Ely, in St. Louis County, Minnesota; T63N, R12W, Section 13. The project area includes 113 acres scheduled for layout, marking, and cruising.

The Stub sale project area (Bid Item #2) is located approximately 9 miles east of Ely, in Lake County, Minnesota; T63N, R11W, Sections 11, 12, and 13. The project area includes 98 acres scheduled for layout, marking, and cruising.

The Rookie sale project area (Bid Item #3) is located approximately 11 miles east of Ely, in Lake County, Minnesota; T63N, R10W, Sections 8, 9, 10, and 11. The project area includes 149 acres scheduled for layout, marking, and cruising.

PERFORMANCE BASED STATEMENT OF WORK

General Specifications A. Scope of Contract The performance based services covered in this solicitation requires the Contractor to furnish all labor, quality control, equipment, supervision, transportation, operating supplies, and incidentals, except those items, if any, listed as Government Furnished Property (Section G). This project consists of laying out and painting treatment unit boundaries, performing cruises to determine tree volumes and tree quality, and tree marking on the Kawishiwi Ranger District. The end results required under this contract are to mark, cruise, and paint to the standards included herein and to the standards stated in the Timber Cruising Handbook (FSH 2409.12) and in the Forest Service’s Quality Assurance Plan (FSH 2409.12, Chapter 60).

B. Personnel Qualifications

1. Layout Personnel

The objective for layout personnel is to have the training and experience to layout on the ground, logging (treatment) units that meet the standards for efficient logging, utilizing ground based systems common for Northern Minnesota. Layout personnel should have the following minimum: A 4 year Natural Resource or Logging Systems degree or 2 year Natural Resource technical degree that includes logging systems training AND 2 years field experience in layout of ground based logging systems.

2. Marking and Cruising Personnel

a. Crew Leader

The following minimum combinations of experience and education are required for crew leaders. A “crew leader” is the individual responsible for field operations in accordance with the accuracy standards and must be available during cruising. A crew leader may also serve as the inspector as required for Contractor self inspection (see section E): A 4 year Natural Resource degree or 2 year Natural Resource technician degree with 2 years field experience in marking and cruising; or 4 years experience with no additional Natural Resource education. Region 9 cruiser certification is required for crew leaders. Crew leader is responsible for all cruising and must be present on site while cruising is being performed. The Forest Service will provide a 3 day cruiser certification training if necessary. See attached Cruiser Qualifications Reference Guide.

b. Crew Members

The following minimum combinations of experience and education are required for markers and cruisers. A season equates to greater than 90 days: 2 seasons experience with no additional Natural Resource education; or 1 season experience with 1 year Natural Resource technical education; or 0 seasons experience with at least a 2 year Natural Resource technical degree.

C. Location and Descriptions

1. Project work areas are located on the Kawishiwi Ranger District of the Superior National Forest. See attached Vicinity maps. Site-specific maps and legal description will be furnished herein.

2. Accessibility. The project areas may be reached by forest roads that are accessible by standard pickup during the normal operating season (May 15 through November 15). The Forest Service assumes no obligation to plow snow or provide special maintenance to keep roads open. The Contractor may plow snow with written authorization of the Contracting Officer. The Contractor shall follow the District’s guidelines for snowplowing. Foot travel to and from areas 0.25 to 0.5 mile will be common. Occasionally distances of 1 mile will be required. Seasonal road closures may necessitate scheduling by the Contractor in order to obtain access to the area. District Travel Maps are available upon request from the District.

3. Contractors will be required to have a signed authorized permit from the respective ranger district for any Off Highway Vehicle (OHV) use on roads not designated by the 2004 Forest Plan. Maps are available at the district or online on the Superior National Forest website.

D. Government Furnished Property

See Government Furnished Property as listed under Contract Administration section.

E. Contractor's Supplied Equipment and Supplies Contractor shall furnish equipment, supplies, labor, and tools necessary for compliance with field procedures herein. Suggested items include, but are not limited to the following.

1.

Paint guns.

2.

One inch aluminum roofing nails & hammer or staple gun.

3.

Azimuth compass with declination setting capability.

4. Tatums/Traverse Book

5. 100 foot cloth or steel tapes.

6. Relaskops

7. Indelible ink markers or grease pencils.

8. Diameter tape.

9. Clinometer.

10. 75 foot loggers’ tape

11. Tally meter

12. Blue wire flags 18’- 24’ long

13. GPS unit capable of communicating with Pathfinder; also proof that unit can produce a closure of 30 feet (pdop of 6 or lower)

14. Blue, orange, red, and fluorescent pink flagging.

15. PDA or computer capable of running FSCruiser or National Cruise program to produce a *.crz file for delivery to the Forest Service.

16. Snowmobiles for the crews if planning on winter season field work

17. ArcMap software for transfer of final unit boundaries, reserve areas, and legacy patches. Will need to supply an Attribute table for each unit, reserve area, and legacy patch.

18. Area to securely store Tracer Paint according to Forest Service Handbook, FSH 2409.12, and Superior National Forest supplement.

Technical Specifications – Boundary Designation Specifications

Treatment unit boundaries will be layed out with blue flagging. Layout of treatment unit boundaries will follow silvicultural direction as outlined in silvicultural prescriptions.

Specific silvicultural prescriptions will be provided by the Forest Service prior to layout.

See Attachment A – Silviculutural Prescriptions for Units to be Marked and Cruised for general descriptions.

Technical Specifications - Boundary Painting Specifications Treatment units (also known as Payment Units) boundaries are to be painted with orange paint. Note: The Contractor shall only use Forest Service Furnished paint and tags.

A.

Orange tracer paint shall be used to indicate treatment unit boundaries. Treatment unit boundaries must be painted so there are no questionable or borderline trees.

B.

“Payment Unit” tags shall be used to identify the unit boundary at intuitive, practical entry points.

C.

All tags shall have the following information: Color of the boundary paint, the sale name, and payment unit number.

D.

Tags shall not be posted on movable objects.

E.

Tags shall be posted with at least one aluminum roofing nail in the top center of the Payment Unit sign about ½ inch from the top edge.

F. Treatment unit boundaries will be designated with orange paint. Exterior boundaries will be designated with three orange vertical spots facing into the treatment unit at 4.5 to 6 foot height. In addition, use one paint spot facing toward the adjacent boundary tree, for a total of five spots per boundary tree. Paint spots will be a minimum diameter of 4 inches where feasible. This is to ensure that the timber purchaser can readily follow the boundary from one tree to the next. Trees will include stump marks. All stump marks will be made so the mark is below stump height. Stump marks will be located at a point where the stem of the tree meets the ground and preferably in a crevice in order to keep the paint from being rubbed off. Apply stump marks to areas relatively free of moss and lichens. Half of the paint for a stump mark will be on the ground.

G. Reserve areas will be painted to Region 9 and Superior NF specifications.

Skid trails will be painted according to R9 and Superior NF specifications.

Contractor will be resposible for flagging and designating skid trails when needed. Skid trails must be operable and take into account the terrain.

H. Painting shall be done in accordance with manufacturers’ directions and Forest Service Handbook 2409.12, Chapter 70.

I. Common boundaries will be paid at the unit price.

Treatment unit boundaries will not need painting where boundary runs along a designated road.

J. The Contractor shall keep count of the number of cans and lot numbers of paint used in each treatment unit. This information shall be turned into the Contracting Officer when the boundary marking and/or tree marking has been completed on each treatment unit.

Reference clause in Section G titled “Time of Delivery and Contractor’s Responsibility of Government Furnished Property”.

Technical Specifications - Tree Marking

Tree marking shall involve designation of trees to be Cut Tree Marked (CTM) or Leave Tree Marked (LTM) and will be identified based on a marking guide provided by the Forest Service. The Contractor shall only use Forest Service Furnished paint.

A. Cut trees will be marked with yellow paint. Paint a 4" to 6" wide band completely around the tree 4.5 to 6 feet above the ground, ensuring the paint can be seen from all directions. Trees will include stump marks. All stump marks will be made so the mark is below stump height. Stump marks will be located at a point where the stem of the tree meets the ground and preferably in a crevice in order to keep the paint from being rubbed off. Apply stump marks to areas relatively free of moss and lichens. Half of the paint for a stump mark will be on the ground.

B. Leave trees will be marked with orange paint. Paint a 4" to 6" wide band completely around the tree 4.5 to 6 feet above the ground. Trees will include stump marks. All stump marks will be made so the mark is below stump height. Stump marks will be located at a point where the stem of the tree meets the ground and preferably in a crevice in order to keep the paint from being rubbed off. Apply stump marks to areas relatively free of moss and lichens. Half of the paint for a stump mark will be on the ground.

C. Paint marks shall be highly visible.

D. Paint marks that have previously been done, that are required to be blacked out or repainted with another color, shall be completely obliterated with black tracer paint as supplied by the Forest Service, with no pay adjustment. Where it is necessary for the Contractor to correct their own markings, the contractor will be charged for the cost of the Forest Service supplied tracer paint used for the correction.

E. Paint will be applied only to dry, tight barked surfaces.

F. Unless changed by written order, no tree marking will be permitted when the snow depth is 18 inches or greater as determined by the Forest Service.

Technical Specifications - Cruising

A. General Cruise Specifications: The Timber Cruising Handbook (FSH 2409.12) is included by reference and is considered part of the technical specifications. When there is a discrepancy between these specifications and the handbook, the specifications will take precedence. Cruise method and sampling frequency by treatment unit, will be included in the cruise design provided by the Forest Service.

1. The establishment of plots and measurement of trees shall be done in accordance with the Timber Cruising Handbook (FSH 2409.12).

2. Each sample tree will have number marked on it with blue tracer paint.

3. All trees on plots shall be identified with blue tree marking paint.

4. All distance measurements will be corrected for slope to reflect horizontal distance.

5. The cruiser will be identified for each plot in the National Cruise program file.

6. A null point will be recorded in FSCruiser program if there are no trees on plot.

7. Issuance and handling of tracer paint will be as stated in clause located in Section G, titled “Time of Delivery and Contractor’s Responsibility of Governemnt Furnished Property”.

8. All trees which meet species, product, and utilization standards shall be recorded in accordance with the Timber Cruising Handbook (FSH 2409.12) and the Cruise Plan. Sawlog and non-Sawlog specifications shall be identified on the cruise plan.

9. Any cruise inspections done by the Forest Service will be with the latest version of the CheckMate – R9 Check Cruising Program to calculate, document, and summarize the results of the inspections.

10. The Contractor shall audit all National Cruise program files to ensure they are correct and valid before delivery to the Contracting Officer. All incomplete or corrupted files will be returned to the Contractor for completion and/or correction.

B. Plot Cruising

1. The Forest Service will specify the type of variable plot cruise, BAF, and number of plots. The Forest Service will provide a unit map and any cruise instructions specific to the unit. The number and location of plots will be determined by the cruise design provided by the Forest Service. The contractor will make their Garmin hand-held GPS units available for download of the location of the plots or load the plot locations on their own GPS units using a file on a CD-R disc or USB drive provided by the Forest Service.

2. All cruise trees will be measured at DBH to the nearest (1/10) of an inch (rounded down) and measured to the nearest foot in height.

3. All plot centers will be within the accuracy of the GPS unit used for the planned plot center as determined by the Forest Service provided shape file. All plot centers will be monumented with a blue wire flag put in the ground with a blue ribbon tied approximately five feet above the ground. The blue wire flag and the blue ribbon above the pin flag will have the cruiser’s initials, date, and the plot number written on them with an indelible ink marker or grease pencil.

. Each plot number shall be recorded in the FSCruiser program even if no trees exist in a plot.

5. If a cruise plot is partially outside the treatment unit boundary, the mirage method shall be used. Reference the Timber Cruising Handbook (FSH 2409.12).

6. If a change is made in the grid pattern on the ground a reason for the change and the type of change shall be recorded on the cruise map.

7. The cruise design will specify if sawlog and nonsawlog is to be cruised. Cruising will begin with the cardinal direction of North and progress clockwise on the plot. All the trees on the plots shall be identified with blue tracer tree marking paint chronologically starting with “1” painted on the first tree to the right of north. Any trees out of sequence will be mentioned in the plot remarks in the FSCruiser program. The tree numbers shall face plot center. All measure trees will be identified with an “S” painted on the bole in addition to the tree number. Trees on a plot that are borderline shall be identified as “in” or “out” with the words “in or “out” painted on the bole of the tree.

C. Sample Tree Cruising

It is anticipated that this cruise method will be combined with cut (CTM) tree marking on a treatment unit.

1. The Forest Service will provide the random number list table or use the PDR FS Crusier random number generator. The Forest Service will provide a unit map and any cruise instructions specific to the unit.

2. The establishment of cruise trees shall be by random number and by Forest Service desired sample frequency. Measure trees shall be identified consecutively numbered by starting with number one (1).

3. The Contractor shall perform Sample Tree Cruising in accordance with the Timber Cruising Handbook (FSH 2409.12). Tally person shall not mark or cruise trees. Cruise trees will be flagged with red, pink, or orange ribbon with the cruiser’s initials and unique tree number written on the flagging and on the tree in yellow or blue tracer paint given by the tally person.

QUALITY ASSURANCE SURVEILLANCE PLANS

Contractor Quality Control Plan

A. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract.

The QCP shall specify:

1.

How quality will be monitored to assure performance standards are met.

2.

How the work will be supervised.

3.

How results of the monitoring will result in quality performance.

4.

Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with Inspection of Services (FAR 52.246-4) paragraph (b), prior to requesting the Forest Service to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work.

Government Quality Assurance Surveillance Plan and Acceptance Requirements

A. Government Quality Assurance Inspection. The Forest Service will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Acceptance. Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications. Acceptance will occur once all work and final payment has been made. Acceptance will not be made for segments broken by unacceptable portions of work.

Inspection, Reinspection and Acceptance

A. Compliance Inspection

The Contracting Officer may, by formal inspection, determine if the specified methods of work have been used. Failure to use specified methods shall require prompt corrective action. Failure to take prompt and satisfactory corrective action may be cause for termination of Contractor’s right to proceed and the contract considered in default.

1. Work shall be inspected as Treatment Unit or groups of Treatment Units. Quality and pay rate shall use the same groups.

2. Both the original cruise data and the Contractor’s inspection data will be provided to the Contracting Officer before the Forest Service begins their inspection.

B. Inspection Procedures

1. Treatment unit boundary layout will be accepted on the basis of formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of five (5) percent of the total acreage listed on the treatment unit will be inspected. This will constitute a minimum inspection for determining satisfactory performance.

1. Boundary painting will be accepted on the basis of formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of five (5) percent of the total distance listed on the treatment unit will be inspected. This will constitute a minimum inspection for determining satisfactory performance.

2. Cruise plots will be accepted on the basis of formal and visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. Cruise information will be made available to the Forest Service on demand within one business day. A minimum of 2 plots per treatment unit will be inspected. This will constitute a minimum inspection for determining satisfactory performance.

3. Sample Tree cruise trees will be accepted on the basis of formal or visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of Five (5) percent of all cruise trees will be inspected. This will constitute a minimum inspection for determining satisfactory performance.

4. Tree marking will be accepted on the basis of formal and visual inspection by the Contracting Officer through the Contracting Officer’s Representative or designated inspector. A minimum of five fixed plots (1/20th acre) or variable plots will be inspected per work identified on a Treatment Unit or group of Treatment Units (depending of Treatment Unit Size). This will constitute a minimum inspection for determining satisfactory performance.

5. Whenever administratively practical, inspections will be done weekly as the work progresses.

6. All handwritten work will only be accepted if completely legible. This includes, but is not limited to paperwork, information on ribbons, stakes and trees.

7. The Contractor shall notify the Contracting Officer when work commences and shall keep the Contracting Officer informed of any changes in the Contractor’s work schedule. Forest Service inspection will take place after Contractor’s self inspection.

8. Contractor self inspection shall be done in accordance Contractor’s Quality Assurance Plan and FAR Clause 52.246-4, Inspection of Services.

a. Contractor shall provide and use an inspection system acceptable to the Forest Service.

b. The Contractor shall make periodic inspections while marking and cruising is in progress to assure work is proceeding satisfactorily. Records of the inspection shall be maintained for the life of the contract and shall be available to the Contracting Officer upon request.

C. Determination of Acceptable Work

1. Sample Tree and Variable Plot Cruising:

The Forest Service will use the CheckMate R9 Check Cruising program to calculate, document, and summarize result of inspected work done by the Contractor (FSH2409.12 Chap.60). Below is an example of the categories which will be inspected and the minimum quality for each category:

Region Item 1

Region Item 2

Overall

Percent Correct

Overall Percent Correct = Total of (e) ÷ number of items about which information is checked.

Note: To pass this check, each item checked must have at least 80 percent correct and the overall accuracy must be at least 85 percent.

The "Total Possible Correct Answers" (a) is the number of trees measured by the check cruiser. For plot or point cruises, the "Total Possible Correct Answers" of "in/out trees" is the number of trees identified by the check cruiser; for all other elements, it is the number of correctly identified in/out trees.

The volume of the plots/trees as determined by production cruisers may not exceed + 10% of the Check Cruisers volume for the same plots/trees. The total volume of the plots/trees as determined by production cruisers may not exceed + 5% of the Check Cruisers volume for the same plots/trees.

Failure to meet the required quality for any category will require rework.

2. Tree Marking Inspection:

The inspections will be made via a series of fixed or variable plots.

At each inspection plot, the inspector will determine the following:

(a) Total trees on the plot.

(b) Optimum number of trees with desirable characteristics to be left based on marking guidelines.

(c) Number of trees marked.

(d) Excess number of trees marked.

(e) Insufficient number of trees left.

(f) Number of Errors in paint application.

The total number of incorrect trees divided by the total number of optimum number tallied trees on the inspection will determine the percentage of unsatisfactory work. 100% minus percentage unsatisfactory work = percent satisfactory work.

# Incorrect trees

------------------------ X 100 =% Unsatisfactory work

Optimum tallied trees

100 - % Unsatisfactory work = % Satisfactory work

3. Boundary Layout and Painting The Forest Service inspector will check Payment Unit tags, line locations, boundary paint, spacing between painted trees, stump marks and tracer paint. Failure to meet the required minimum quality shall require rework. Must meet all current NEPA and Forest Plan mitigations for acceptable layout. Contractor shall provide a sketch map of temporary road, landings, and major skid trail locations for each treatment unit. Intent is to demonstrate how unit will be logged.

D. Unsatisfactory Work

1. Tree Marking.

If the percentage of satisfactory work falls below 95%, a notice of non-compliance will be issued notifying the Contractor in writing of the deficiency and order them to improve the quality. The Contractor will be required to revisit the work sites to bring them up to the 95% minimum acceptable standard within four consecutive workdays after receipt of the Notice of Noncompliance from the Contracting Officer’s Representative of unsatisfactory work, or the Contracting Officer may terminate the Contractor’s right to proceed and consider the contract to be in default. Repeated failure to perform work (two re-works) at 95% for acceptable work may be considered cause for contract termination and default action.

2. Variable Plot and Sample Tree If the percentage of satisfactory work falls below the required percent quality (see clause titled “Inspection, Reinspection and Acceptance, C. Determination of Acceptable Work”), a notice of noncompliance will immediately be issued notifying the Contractor in writing of the deficiency and order him or her to improve the quality. The Contractor will be required to revisit the work sites to bring them up to the required quality within four consecutive workdays after receipt of the Notice from the Contracting Officer’s Representative of unsatisfactory work, or the Contracting Officer may terminate the Contractor’s right to proceed and consider the contract to be in default. Repeated failure to perform work (two re-works) at the required quality may also be considered cause for contract termination and default action.

Failure to meet the plot locations requirements shall require rework. Plots not meeting the specifications shall be relocated.

3. Boundary Designation and Painting

Work not meeting specification shall be reworked prior to payment.

E. Re-Examination Upon Contractor’s Request

If the original inspection results are not acceptable to the Contractor, a reinspection may be requested in writing. The same inspection procedures will be followed, but different plots or trees will be measured, different parts of the boundary, or different parts of the traverse will be inspected. If the reinspection confirms the original inspection as not meeting standards, the Contractor shall reimburse the Forest Service for actual costs incurred for making reinspection. The Contractor shall redo up to two re-works on all the work that does not meet standards.

DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work Order (APR 1984)

AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award through December 30, 2012.

Superintendence One supervisor, conversant in the English language, shall be designated in writing by the Contractor for each crew. The written designation shall indicate the limits of the supervisor's authority. When two or more people are designated as supervisor, their written delegation shall indicate the priority of their designations so no more than one person shall be in charge of a crew at any one time.

Work shall be performed in an organized systematic manner. Crew members shall not be scattered within or between units as necessitated by on-the-ground conditions and only when authorized by the Contracting Officer.

Schedules for Service Contracts Contractor shall, at the pre-work meeting or within 5 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Notice To Proceed Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR). No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

CONTRACT ADMINISTRATION

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at Forest Supervisors Office, Superior National Forest, 8901 Grand Avenue Place, Duluth, MN.

Government-Furnished Property The Forest Service will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Property Description:

1. Cruise Plot location shape files.

2. Paint will be issued to the Contractor for periods up to, but not exceeding 5 days. Paint will be transferred to the Contractor using a Forest Service inventory form. Paint guns will not be furnished by the Forest Service. Paint will be water clean-up paint. See Time of Delivery and Contractors Responsibility below.

3. Work maps and a cruise plan.

4. Timber Cruising Handbook FSH 2409.12.

5. Utilization Standards.

6. Cruise Tree Defecting Instructions.

7. Payment Unit Tags.

8. Aerial photos or color copies.

Time of Delivery and Contractor’s Responsibility of Government Furnished Property All tracer paint will be transferred to the Contractor for periods not to exceed (5) five days (Monday through Friday unless otherwise arrangements are made with the Contracting Officer). Paint will be issued by agreement, either by Forest Service delivery to a point with vehicle access and/or the Contractor may make arrangements to pick up paint at the appropriate Ranger Station. It is expected that marking paint will only be issued to the Contractor when active tree marking is planned by the Contractor. Paint will be issued to, and signed for, by a Contractor designated paint custodian. The Contractor will be required to designate this paint custodian prior to receiving the first delivery of paint. The Contractor shall not change paint custodian designation on a bid item until all paint transferred to a custodian has been returned to the Forest Service and the paint transfer form has been filled out and all paint accounted for. The form shall be used to document ALL paint transfers, to and from, the Contractor’s paint custodian, which shall include transfers to and from the Contractor’s employees to accomplish work under this contract, and to and from the Forest Service. The Contractor shall keep any paint, not in use, secured by a locking system agreed to by the Forest Service. All full, partial, and empty paint cans shall be returned to the Contractor’s lock security facility at the end of each day, and to the Forest Service at the end of each check out period. The Contractor shall fill in the appropriate slots of the form, each time paint is checked in or out, and will be accountable for all cans of paint on a daily basis. The Forest Service will conduct and document inspections on the Contractor’s compliance with the daily accounting requirements and paint security during each site inspection. A minimum of one inspection per week will be made when there is active tree marking. This inspection is in addition to those made when paint is checked out and returned. A search for any missing paint will be conducted immediately by the Contractor and the Forest Service. Failure to daily account for and/or return the correct amount of full, partial, or empty paint cans will result in immediate suspension of work, until paint accountability is resolved. The Contractor will return all paint (full, partial and empty cans) to the Forest Service if the Contractor has a changes of plans by which no tree marking work is planned for periods exceeding (4) four consecutive days. Failure to properly account for paint shall be considered contract default and cause for termination and may be cause for criminal investigation.

Definitions - Administration Terms

Contracting Officer (CO) - The person executing this contract on behalf of the Forest Service, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in Section G of this contract or in a letter of designation issued by the Contracting Officer.

Inspector - The person(s) appointed in writing by the COR to conduct and document inspections according to contract specifications and provisions. The inspector's authorities are strictly limited, not to exceed the authority to issue to the contractor a Notice of Noncompliance.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the "change" clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Work Order - An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

Notice of Noncompliance - A written notice from the CO or COR which documents, for the Contractor's attention, specific performance deficiencies.

Contract Item - A pay item designated on the bid schedule and described by a specification.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor's employees and employment practices.

Specifications - That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

Definitions - Technical Terms

GPS - Global Positioning System is a method using signals transmitted from satellites to

GPS ground receivers to determine acres.

Sample Tree Cruising - System of cruising where each tree is visited and compared to a random number table to identify cruise trees.

TPA - Trees per acre

LTM - Leave tree mark

CTM - Cut Tree Mark

FSCruiser - Computer program, which creates timber sale reports.

Treatment Units – Areas to be layed out, marked and/or cruised by the Contractor. They include timber sales as shown on the Project Area Maps.

Minimum Merchantable Sawlog Tree Specifications – White spruce, Jack Pine, Red Pine, and White Pine, 9.0 DBH and one minimum stick per tree (7.6 inches top dib, 8 foot length, and net measure equals 40 percent of gross measure). Paper Birch 11.0 DBH and one minimum stick per tree (9.6 inches top dib, 8 foot length, and net measure equals 40 percent of gross measure).

Minimum Non Sawlog Tree Specifications – All coniferous species, 5.0 inches dbh and one minimum log per tree (4 inches top dib, 8 foot length, net measure equals 70% of gross measure.) All hardwood species, 6.0 inches dbh and one minimum log per tree (4 inches top dib, 8 foot length, net measure equals 70% of gross measure.)

Contracting Officers Representative - Designated of the contracting officer’s representative with authorities as applicable will be provided to the contractor in writing at time of contact award.

Pre-Work Conference - The Contractor shall meet with the Forest Service to discuss contract terms and work performance requirements, Work Progress Schedule, Safety, and Fire Prevention and Suppression Plans. Meeting shall be held prior to issuance of any notice to proceed and within 5 days from contact award at the Superior National Forest, 8901 Grand Avenue Place, Duluth, MN 55808, unless otherwise changed by mutual agreement. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference.

Approval of Subcontracting - The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

The name, address and telephone number of the subcontractor.

B.

The date upon which the subcontract was entered into and its duration

C.

A detailed description of the work being subcontracted including a listing of contract items units, etc., as appropriate.

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Measurement and Payment

A. Measurement

1. Boundary layout: The unit of measure will be acres. Acres will be determined by the traverse or GPS unit.

2. Boundary marking and GPS: The unit of measure will be linear foot of perimeter, on the horizontal plane. Measured distance will be determined by the traverse or GPS unit.

3. Common boundaries will be paid at the unit price.

4. Cruising Variable plot or Fixed Plot: The unit of measure will be by cruise plot.

5. Tree Marking: The unit of measure will be by tree based on the number of trees tallied and the number of acres marked.

6. Sample Tree: The unit of measure will be by the acre based on the number of trees marked.

B. Payment

The price listed in the Schedule of Items will be the basis for payment for accepted work. No payment will be made for unacceptable work.

1. Boundary Layout: This includes payment for common boundaries. Payment will be based on Forest Service formal and visual inspections documenting acceptable work by the Contactor. Payment will be on the Contractor’s submitted traversed acreage. Payment rate will be the price listed in the Schedule of Items. No payment will be made for unacceptable work and no partial payment will be made.

2. Traversing, Boundary marking, GPS: This includes payment for common boundaries. Payment will be based on Forest Service formal and visual inspections documenting acceptable work by the Contactor. Payment will be on the Contractor’s submitted traversed linear distance. Payment rate will be the price listed in the Schedule of Items. No payment will be made for unacceptable work and no partial payment will be made.

3. Tree Marking: Payment will be based on Forest Service formal and visual inspections documenting acceptable work by the Contactor. Payment rate will be the price listed in the Schedule of Items. No payment will be made for unacceptable work and no partial payment will be made.

4. Cruising Variable Plot : Payment will be based on Forest Service formal and visual inspections documenting acceptable work by the Contactor. The CheckMate R9 Check Cruise Program will be used to determine acceptable work by the Contractor. All five (5) categories must at least meet satisfactory passing scores as stated on the CheckMate R9 Check Cruise Program Summary Report in section J to be considered acceptable work by the Contractor. Payment will be on the Contractor’s submitted number of plots cruised. Payment rate will be the price listed in the Schedule of Items. If unsatisfactory work is not reworked by the Contractor and/or the contract is terminated, the Forest Service may determine partial payment is warranted. If partial payment is determined appropriate, payment will be calculated as follows:

PPSW = TSW x (TSC x 0.2) x 50% Where:

PPSW = Partial Payment to Contractor for Satisfactory Work

TSW = Total Satisfactory Work Dollars to be Earned

TCS = Total Satisfactory Check Cruise Categories

5. Cruising Sample Tree: Payment will be based on Forest Service formal and visual inspections documenting acceptable work by the Contactor. The CheckMate R9 Check Cruise Program will be used to determine acceptable work by the Contractor. All five (5) categories must at least meet satisfactory passing scores as stated on the CheckMate R9 Check Cruise Program Summary Report to be considered acceptable work by the Contractor. Payment will be on the Contractor’s submitted number of trees cruised. Payment rate will be the price listed in the Schedule of Items. If unsatisfactory work is not reworked by the Contractor and/or the contract is terminated, the Forest Service may determine partial payment is warranted. If partial payment is determined appropriate, payment will be calculated as follows:

PPSW = TSW x (TSC x 0.2) x 50% Where:

PPSW = Partial Payment to Contractor for Satisfactory Work

TSW = Total Satisfactory Work Dollars to be Earned

TCS = Total Satisfactory Check Cruise Categories

Layout of treatment units must meet all mitigations listed in the Prescription, Environmental Impact Statement, and the Superior National Forest Forest Plan. Operability for normal logging equipment is to be considered in layout.

The COR will not release more than one bid item at one time without written agreement to ensure quality of work. Work on each bid item will constitute the following steps:

1. Layout

2. Boundary painitng

3. Marking

4. Cruising

Contractor will not continue on to each step until the previous step has been approved by COR.