Everton Creek Timber Sale Preparation

(Forestry Services)

US Department of Agriculture (USDA)

Statement of Work

12443926Q0187

Contents Project Title General Information

1.0 Background and Purpose

1.1 Project Location

Contractor Requirements

2.0 Technical Requirements / Tasks

2.1 General Specifications

2.2 Designation (Marking) of Boundary Trees and Cut Trees

2.3 Paint Security

3.0 Commencement, Prosecution and Completion of Work (FAR 52.211-10) (APR 1984)

4.0 Government Furnished

5.0 Contractor Furnished

6.0 Contractor’s Key Personnel

7.0 Data Rights

Performance Requirement Measures

8.0 Quality Control Plan

8.1 Government Inspections

8.2 Specific Inspection Procedures

8.3 Acceptance

8.3.1 Acceptance Level

9.0 Site Visit

Project Title Everton Creek Conifer Timber Sale Preparation

General Information

1.0 Background and Purpose

The purpose of this request is to secure services to perform forestry services in timber sale preparation: boundary layout, boundary tracking/polygon creation using GPS, boundary marking, cut tree marking (CTM) and sample tree (STR) cruising of sawtimber and pulpwood in stands of conifers to be thinned in the Hodge Podge Timber Sale on the Blackduck Ranger District - Chippewa National Forest.

1.1 Project Location

Chippewa National Forest - Blackduck Ranger District - Blackduck, MN Units are in all or portions of T149N, R30W, Sections 21, 22, 26, 27, 31, 32, 33 and 34 See Vicinity Map.

Contractor Requirements

2.0 Technical Requirements / Tasks

Mandatory Item 001. Everton Creek Conifer Timber Sale Preparation – 413 acres

1. Use the provided silvicultural prescriptions and cruise design to perform boundary layout, boundary tracking/polygon creation using GPS, boundary marking, cut tree marking (CTM), designation by species (DXSPD) total tree count, and sample tree (STR) cruising.

2.1 General Specifications

The intent of this work is to provide the Forest Service with timber sale layout and cruise data to facilitate the timber sale appraisal and contract processes. The Forest Service has included the cruise plan and design, attached. The Contractor shall adhere to the cruise plan and design, and all data collected shall meet the accuracy requirements in FSH 2409.12.

The Chippewa National Forest is soliciting timber sale preparation and professional forestry services on lands within its administrative boundaries. For this requirement, the contractor shall furnish all labor, equipment, supervision, transportation, supplies, materials, services, and any incidentals necessary to perform the work in accordance with the specifications described below, except that blank payment unit summary sheets, cruise cards, flagging/ribbon, aerial photos, shapefiles, and Forest Service tracer paint will be provided by the Forest Service.

A) Accessibility Timber Sale Project areas may be reached by forest roads that are accessible by truck during periods when resource damage to roads is not occuring as a result of such use. Some areas may require an ATV, snowmobile, or access by foot.

The Forest Service assumes no obligation to do special maintenance to keep roads open. In order to minimize soil erosion and damage to National Forest lands and roads, all roads within the contract area, or roads used for access to the contract area, are subject to closure during spring and fall break-up season or whenever soil or weather conditions require a closure.

B) Boundary Layout and Designation Approximate project areas are shown on silviculture prescription unit maps. Layout requires the inclusion of at least the number of treatment acres identified in the prescription for each stand. Deviation from established treatment acres shall be approved by the COR. Additional maps can be made available after award. All payment unit boundaries will be established by the Contractor and will have boundary trees marked with ORANGE paint according to specifications herein. Laminated or electronic aerial photos of the project may also be used to view and layout boundaries.

C) Area Determination A traverse shall be completed using a GPS with the capability of producing a track and subsequent GIS shapefile that shall be given to the Forest Service. All payment units shall be GPS’d. All tracks shall be saved as follows: "Sale Name_Payment Unit#" and, for interior exclusion areas; "Sale Name_Payment Unit #_Exclusion". If there are multiple separated stands or exclusions in a payment unit use 1 of 2, 2 of 2, for example, after the Payment Unit #. The same goes for stands that have multiple interior exclusion areas. For the purpose of this contract, all acreages for payment units have been determined using Garmin GPS, Trimble GPS or ArcPro/ArcMap GIS, by the Forest Service. For the purposes of this contract, these acreages will be considered final.

D) Timber Marking and Cruising The proposed harvest units to be marked and cruised will be Cut Tree Marked (CTM, thinning units) or total tree tallied when designated by species (DXSPD, clearcut units). Specific information about each stand and/or payment unit is outlined in the attached silvicultural prescriptions.

Cruising shall consist of tree counts of all species being marked and/or designated for removal within each payment unit meeting specifications listed in the attached silviculture prescriptions and cruise plan. Volume estimates will be made on sample trees using the sampling intervals in the cruise plan.

Sample groups will be tree counted and sampled individually. Stratification and sample group details can be found in the cruise plan.

All sample trees must be arrived at in a random and unbiased fashion. Selecting samples trees in a biased fashion will result unsatisfactory work and a complete re-cruise and re-count, by the contractor, of the effected units and/or sample groups will be required. Use the following method to achieve an unbiased selection of sample trees. Other methods may be used as approved by the COR.

1. For the first sample tree in each sample group, sample the tree nearest the midpoint in the sample ratio.

2. For each subsequent sample tree in each sample group, sample the first tree in all of the following ratio intervals.

Example: Sample group 1 ratio is 1:50. Sample the 25th tree in the count as your first sample tree. Your second sample tree will be the 51st tree. Your third tree will be the 101st, forth the 151st and so on.

Sample trees will be marked as follows:

1. The sample number and cruiser's initials will be painted legibly using yellow or blue tracer paint between ground level and DBH.

2. A pink arctic grade vinyl flag will always be tied around the tree at or near DBH and will have written on it the sample tree number and the cruiser's initials marked with a permanent marker. If the certified cruiser is using an apprentice cruiser, the initials of both the apprentice and certified cruiser must be on every sample tree the apprentice cruises.

The following is a summary of highlights meant to cover some of the usual situations found in measuring cruise trees that shall be used and referred to in the performance of this contract, including details in the Timber Sale Cruising Handbook (FSH 2409 .12).

Diameter at Breast Height (DBH)

1. Tree DBH is defined as the diameter outside the bark at 4½ feet above the ground measured on the high ground side of a tree.

2. DBH shall be recorded to the nearest tenth of an inch.

3. In cases where DBH falls at an abnormal swelling, measure the diameter above and/or below swelling and project taper back to estimate DBH.

4. A Forked tree is a tree with two or more stems originating from one stump. Consider forking to start at the point where daylight is seen between stems.

a. Trees that fork above DBH shall be considered as one tree and DBH shall be measured at 4½ feet or lower depending upon where the smallest diameter can be measured. Height shall be measured using the best fork.

b. Trees that fork below DBH shall be considered as two+ trees and DBH shall be measured accordingly above the ground on the high ground side.

5. Hardwood Sawlogs will have a minimum DBH of 11.0 inches.

6. Softwood Sawlogs will have a minimum DBH of 9.0 inches.

7. Pulpwood for all species (including aspen), will have a minimum DBH of 5.0 in.

Product Length

1. All products must have at least an 8-foot minimum length to be merchantable.

Product Heights

1. A relaskop/clinometer or other instrument of equivalent precision capability shall be used for all measurement. Height measurement procedures are described in Chapter 20, 2409.12 of the Timber Cruising Handbook.

2. Sawtimber heights shall be measured to a 7.6 inches Diameter Inside the Bark (DIB) top height for softwoods and 9.6 inches DIB top for hardwoods allowing for no stump.

3. Hardwood Pulpwood, including all aspen, heights shall be measured to a 4 inch DIB top allowing for no stump.

4. Softwood Pulpwood heights shall be measured as the total tree height, tip top of the tree.

5. Maple species will always be considered a pulpwood product. Other mixed hardwood species may also be tallied and cruised as pulpwood if approved by the COR.

Defect

1. Percent defect will be determined according to procedures in Chapter 20, 2490.12 of the Timber Cruising Handbook.

2. Defect, as estimated from visible indicators, shall be recorded as a net percent of the gross volume of that major product within the tree.

3. All cull trees (defect > % allowed) shall not be included in the tally or cruise.

Cruise Card and Payment Unit Summary Sheet Instructions

A cruise card(s) shall be prepared for each payment unit. Each cruise card shall record sale name, date, payment unit, paint batch#, paint color used in designation and cruise data for each sample tree. The total number of trees tallied by Sample Group shall be recorded on the cruise card at completion of the payment unit and submitted to the COR.

The method for entering information on the cruise card will be prescribed by the COR.

1. The Contractor shall, on a weekly basis or as agreed to with COR, submit all completed cruise cards, payments unit summary sheets and maps. All sample tree data shall be recorded on the R9 Timber Sale Cruise Tally Card form to allow for processing of the cruise data.

2. The Contractor shall edit all cruise cards to ensure that all cards are filled out properly and are legible before delivery to the COR. All incomplete, incorrect, or illegible cards will be returned to the Contractor for completion and/or corrections before acceptance.

3. Total number of trees for each sample group by payment unit must be recorded on a payment unit summary sheet (provided by the Forest Service) before clearing the tally counter. All cut species shall be recorded on the summary sheet. This summary sheet shall be filled out completely and notes added as necessary. See Attachment: Payment Unit Summary Sheet.

E) Cruise Evaluation The cruise must be evaluated by a Forest Service check cruiser and meet standards described in FSH 2409.12. Chapter

60. The evaluation includes office data audits and field measurement comparisons. The number of samples checked during a field review will be a minimum of 25 trees per sale. If the results are unsatisfactory with the specified number checked, 10 additional trees per major species will be checked, or as determined necessary by the COR. If the results are still unsatisfactory, a complete or partial re-cruise may be required, depending on the issue(s) identified. Measurement tolerances for each element are as follows:

Species 0 Product 0

DBH 0.2”

Saw Height 8’ 4-in Height 8’ Total Height 8’ Saw Defect 10%

2.2 Designation (Marking) of Boundary Trees and Cut Trees

All marking shall meet the standards and guidelines in the Timber Cruising Handbook WO and R9 Supplements of FSH 2409.12, Chapter 70, and the forest’s Timber Theft Prevention Plan (TTPP). The below specifications supersede any conflicting information contained in the cruise plan.

Considerations that shall be considered include:

1. For any tree designated by Cut-tree-marking (CTM) or designation by species (DXSPD): The contractor shall designate trees as specified in each stand silviculture prescription’s marking guide. The contractor shall ensure each marked tree is accessible by harvest equipment. Consider cut-to-length processors for thinning prescriptions and tracked or rubber-tired feller bunchers for clearcuts.

2. Cut trees in CTM units shall be marked with yellow or blue tracer paint, as issued. Paint a highly visible band or vertical slash 2” to 3” wide at eye level. This mark shall be visible from 360 degrees and from at least 50 feet.

The contractor shall paint one stump mark on all marked trees. The stump mark shall be placed in the furrows of the bark, and not on moss, at ground level on the downhill side of the tree. Stump marks shall be at least 16 square inches and touch the ground with approx. 90% on the tree and 10% touching the ground.

3. Trees counted as part of a clearcut where trees are DXSPD shall be marked with a small spot at least 2 square inches in size at approx. eye level with yellow or blue tracer paint, as issued, to show the tree has been tallied/counted. No stump mark shall be placed on trees that are designate by species.

4. Boundary trees shall be marked with orange tracer paint. Marking shall be a single orange spot at least 144 square inches facing into the unit at approx. 6’ to 8’ above ground level. Boundary trees shall have a stump mark as described above and be intervisible while walking the boundary during leaf on periods. Choose large, live trees with furrowed or rough bark as boundary trees to help ensure paint longevity. Areas excluded from the interior of units for reasons such as legacy patches shall be marked the same as boundary trees, but shall also include as orange painted “X” above and below the orange spot. The “X” should be approx. 12”x12”.

5. Use black tracer paint to cancel a mark on a tree. Apply black marks entirely over the existing paint band or slash, cruise tree number, and stump mark. The original marking shall not be visible as to make certain that the tree has been deleted from the timber sale. The black paint must be visible from all directions. Describe the location of areas with extensive deleted cut trees or boundary trees on the Payment Unit Summary Sheet.

6. Record the tracer paint batch number for each unit. This must be done on the cruise card and Payment Unit Summary Sheet.

If it becomes necessary to modify the cruise plan after implementation has begun, the contractor shall notify the COR.

2.3 Paint Security

The Contracting Officer's Representative (COR), or designated inspectors, shall provide marking paint containing registered tracer(s). Tree marking paint is USDA Forest Service accountable property and shall be kept secured at all times. Access to paint shall be limited to the Contractor and/or designated representative. All Government-issued paint, aerosol, gallons and quarts, shall be securely locked when stored or transported in a vehicle. Paint shall be removed from any vehicle when someone uses the vehicle other than the Contractor or designated representative to whom the tracer paint was issued. The Forest Service may inspect Contractor's security of paint and accountability records at any time.

The Contractor shall notify the Government of the quantity of paint needed each week, or as agreed to with COR, prior to commencing work. The paint needed will be transferred only to the Contractor, or designated representative at the designated US Forest Service office during normal business hours. The Contractor shall maintain a daily inventory of all paint cans. All cans received, used, and returned by the Contractor must be accounted for and Contractor records of daily inventory must be submitted upon the COR’s request. All aerosol paint cans will be returned to the Forest Service with all propellant out of the can for drying purposes. All empty gallon and quart paint cans will be returned to the Forest Service on a weekly basis, or as agreed to with COR, emptied and rinsed for drying purposes. Failure to maintain adequate safeguards and security over the paint, or loss of tracer paint, will result in a law enforcement investigation and/or may result in Contractor liability for damages and/or default of the contract.

3.0 Commencement, Prosecution and Completion of Work (FAR 52.211-10) (APR 1984) The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 1, 2024. The time stated for completion shall include final data package consisting of complete payment unit summaries, cruise cards, maps created and GPS shapefiles of layout polygons. ALL WORK MUST BE COMPLETE BY THE PERIOD OF PERFORMANCE END DATE REGARDLESS OF WHEN CONTRACTORS BEGIN WORK.

4.0 Government Furnished

The Government will deliver to the Contractor the following listed materials, supplies, property, and/or services (hereinafter referred to as “Government-furnished property”). The Contractor shall be liable for all losses or damage of such Government-furnished property until completion and final acceptance of all work required under this contract.

1. Applicable chapters of Forest Service Handbook 2409.12 – Timber Cruising Handbook, along with regional supplements.

2. Current Timber Cruiser Reference Guide

3. The most recent version of the Forest’s Timber Theft Detection and Prevention Plan

4. Project area map and unit maps

5. GIS shapefiles of layout and marking units

6. Silvicultural Marking Guidelines by unit/stand

7. Tree marking paint with registered tracer and material data sheets.

8. Flagging for cruise trees (Arctic Vinyl Pink)

5.0 Contractor Furnished

Except for those items listed in section 5.0 Government Furnished, the Contractor shall provide all labor, housing, supervision, transportation, tools, and material necessary to perform the requirements of the contract. Specifically, but not necessarily inclusive, the Contractor shall furnish:

1. Global Positioning System unit (GPS) or Mobile device with appliable application such as Avenza or Field Maps.

2. Compass with azimuth set to local declination

3. Timber cruising equipment (i.e. clinometers, relaskops, lasers, logger’s tape, etc.)

4. Paint marking guns

5. Personal Protective Equipment and other incidentals such as insect repellant.

6.0 Contractor’s Key Personnel

The Contractor shall be a Forest Service Certified Qualified Cruiser. Previously certified, but non-current Qualified Cruisers shall obtain recertification prior to commencement of timber cruising. The Chippewa National Forest can facilitate the recertification process within a reasonable timeline after a request. Contract period of performance will not be adjusted to accommodate time needed for certification/recertification.

7.0 Data Rights

The Contractor shall not provide any information produced though performance of this contract, including layout or cruise data, to any individual or party outside of the CO, COR, or Forest Service Check Cruisers.

Performance Requirement Measures

8.0 Quality Control Plan

The Contractor shall conduct inspections on all units in accordance with their Quality Control Plan (QCP). The Contractor’s QCP shall be submitted and accepted by the Government prior to any work starting.

8.1 Government Inspections

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

The Contractor has the option of coordinating with the Forest Service during implementation of the contract for input and direction. This is highly recommended to ensure work commences and remains at an acceptable level of quality.

Compliance Inspections.

Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections.

Final (formal) inspections for payment will be made on completed work only. Contractor shall request final inspections in writing, or other means as agreed to with the COR, and give the Forest Service at least four working days advanced notice. Inspections will be completed within five working days after the notice is received. Final inspection will involve a USFS check cruise. A check cruise will be conducted by the a Forest Service Check Cruiser and must pass with 80 percent for each element and 85 percent overall or better. Check cruise that does not pass with 85 percent or better will need to be re-cruised at the contractor’s expense. Refer to USFS Timber Cruising Handbook 2409.12 Chapter 60 for specific requirements. Final check cruise will be completed within 10 business days of receiving written request form contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

At reinspection the same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

Reinspection after Rework.

Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

Sampling (Government’s inspection system).

A minimum of one plot for every ten acres will be sampled across a unit by a random series of plots distributed over the entire unit. Plot size will be 10 BAF variable plots.

8.2 Specific Inspection Procedures

Walk-through Inspections:

Compliance inspections shall be held throughout the performance of the contract. Inspections may be in the form of “walk-throughs” to visually confirm the proper application of the contract specifications. The Government reserves the right to perform formal inspections for verification of compliance to contract specifications.

Formal Inspections:

The Government will inspect marking to determine compliance with prescription marking guide specifications.

Formal inspection of prescription marking guide specifications in thinning units will use a grid pattern determined by the COR at time of inspection of each unit. A minimum of one plot for every ten acres will be sampled. In thinning units, each inspection plot will use a 10 BAF variable radius plot and will determine the following on a per plot basis as well as the residual basal area:

A=Total number of trees marked.

B=Number of trees not marked that meet the marking guidelines.

Contract compliance for each unit will be calculated as follows:

(A) / (A+B) X 100= % COMPLIANCE

Formal inspection of prescription marking guide specifications for clearcuts will use a grid pattern or walk through visual inspection of at least 25% of the unit, determined by the COR at time of inspection of each unit. To be compliant in clearcut units, each tree identified as being designated in the prescription marking guide must have total tree count tally marking on it. 100% compliance is required for total tree count tally marking.

Stump Marks: Any plot that contains one or more marked trees without a proper stump mark will result in a need for rework by the contractor to ensure stump marks are in compliance. 100% compliance is required for stump marks.

Upper CTM, Boundary and Exclusion Marks: Compliance for upper CTM marks will be determined by 25% visual inspection in each unit. COR will determine need for remarking of upper CTM marks on a case by case basis depending on the extent of marking not meeting specifications and determined to be beyond incidental amounts.

Boundary Layout: Compliance will be determined by inclusion of at least the number of treatment acres identified in the prescription for each stand. Deviation from established treatment acres shall be approved by the COR.

Residual Basal Area: Compliance for the residual amount of basal area left in a unit as per the prescriptions will be determined by the average of all the plots in each unit.

Boundary Tracking/Polygon Creation: Compliance will be determined by successful upload of compatible data to the GIS program and by the Government.

Inspection results for each unit will stand on their own and will not be combined with the results from any other unit.

Any remarking/reworking required as determined by the COR will be at no additional cost to the Government.

8.3 Acceptance

For all units, determination of acceptability of the work performed will be based on the Government inspections and shall be considered conclusive except as otherwise provided in the Contract. The inspection results of each unit will not be averaged with the results of any other unit. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

8.3.1 Acceptance Level

For all units, the Government will inform the Contractor or a designated representative of marking inspection results with 2 working days of completion. Unacceptable work will not be accepted and shall be corrected by the Contractor at no additional cost to the Government. The contractor shall complete all corrections of unacceptable work within 10 calendar days following notification of unacceptable work, or another timeline agreed to with the COR on a case by case basis. Unless otherwise agreed to with the COR, each unit shall be at a satisfactory level of acceptance before the Contractor can start marking another unit.

Payment for marking work completed will be based on the following inspection results:

Inspection score % payment 90 -100% 100%

<90% = UNACCEPTABLE.

9.0 Site Visit

Offerors are expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

9.0 Site Visit