Attachment_1-_Statement_of_Work.pdf

Thinning, Reduction, and Planting- Northern Forest National Wildlife Refuges

STATEMENT OF WORK

Scope: The United States Fish and Wildlife Service (FWS) will be contracting services to mitigate climate change and enhance wildlife habitat on Moosehorn (near Calais, Maine), Nulhegan (near Brunswick, VT), and Umbagog (near Errol, NH) National Wildlife Refuges. This includes non-commercial reduction (NCR), thinning (PCT), and enrichment planting (planting).

NCR and PCT work to be performed across approximately 300 acres at Umbagog NWR, 300 acres at Moosehorn NWR, and 225 acres at Nulhegan NWR. Subsequent years include 300 acres at Umbagog, 225 acres at Nulhegan and 180 acres at Moosehorn in Option years 2025 and 2026 (table 1). This work includes felling unwanted vegetation, such as beech and striped maple, and thinning areas where desired regeneration occurs. A species hierarchy list will be provided for each refuge.

Planting will be done at an 8 foot by 8 foot spacing across 22 acres in Option year 2025 and across another 22 acres in Option year 2026, at each refuge, totaling 132 acres. Seedlings will be provided.

These tasks are to be accomplished within the limits of the quantities awarded under the contract.

The quantities of work authorized are listed in the Quote Schedule. Quantities are not to be exceeded without prior approval and funding by the Contracting Officer. Government is not obligated to pay for quantities performed that exceed the authorized amounts.

The Contractor is required to use hand tools, to conduct the NCR, PCT, and planting work, and shall provide all personnel, equipment, tools, materials, supervision, training, operating supplies, and services to implement the project.

Planting seedlings must be completed in the Spring (May 1st to June 1st). Acceptable planting windows shall be dictated by the availability of 2-0 seedling stock of desired species. Planting windows may occur annually, or in the absence of available seedlings, plantings will occur in later years, or not at all if seedlings are not available. Enrichment planting is an optional task that must be approved by the technical point of contact.

All work is contingent upon fund availability and other logistical and timing constraints to be determined by FWS, consequently total contract amount may not encompass entire acreage described.

Contractor is to submit a cost per acre for each refuge for NCR/PCT and for planting.

Location: The project areas are located at:

• Moosehorn NWR, approximately 3 miles South of Calais, Maine

• Silvio O. Conte NFWR, Nulhegan Basin Division, in Brunswick, Vermont

• Umbagog National Wildlife Refuges in Errol, New Hampshire

Performance schedule: NCR and PCT work may commence on August 1st, 2024 and must be completed no later than December 31st, 2024. In addition, the Government may exercise two (2) option years with the same scope of services. For planting, the work will be done in the spring season when seedlings are ready, typically between April 1st and June 1st, and may not commence until 2025 with one (1) option year with the same scope of services.

NCR/PCT Base Year- Contract award- December 31, 2024

NCR/PCT Option Year 1- January 1, 2025- December 31, 2025

NCR/PCT Option Year 2- January 1, 2026 - December 31, 2026

Optional Planting Year 1 – January 1, 2025 – December 31, 2025

Optional Planting Year 2- January 1, 2026 – December 31, 2026

Description of work: The successful vendor will cut and drop non-commercial trees across approximately 300 acres at Umbagog NWR, 300 acres at Moosehorn NWR, and 225 acres at Nulhegan NWR. Subsequent years include 300 acres at Umbagog, 225 acres at Nulhegan and 180 acres at Moosehorn in years 2025 and 2026 (table 1). Currently there are on average 5,000 – 10,0000 stems per acre ranging in size between 1-4 inches in diameter. In areas where desired regeneration is sufficient, unwanted trees will be removed to leave residual trees spaced approximately 8 feet apart, which is approximately 680 trees per acre. In areas where desired regeneration is lacking, all unwanted regeneration will be cut. Removal of trees will follow a species hierarchy dictated by the Refuge Forester. The successful bidder must be able to identify trees to the species level and follow a detailed map of the project area. All trees cut will be left on site.

In addition, in areas lacking adequate desired regeneration, trees will be planted at an 8-foot spacing across 22 acres in year 2025 and across another 22 acres in 2026, at each refuge, totaling 132 acres.

Planting areas will be designated by the Refuge Forester and will vary in size and location. Seedlings will be provided. Planting seedlings must be completed in the Spring (May 1st to June 1st). Acceptable planting windows shall be dictated by the availability of 2-0 seedling stock of desired species. Planting windows may occur annually, or in the absence of available seedlings, plantings will occur in later years, or not at all if seedlings are not available. Enrichment planting is an optional task that must be approved by the technical contact.

Ingress & Egress: The Refuge agrees to permit the successful bidder access to the project site hereinafter described for the purpose of cutting non-commercial trees.

Cutting: All trees shall be sawed or cut down as near the ground as swell of roots, defects, and growth habit will permit. In general, stumps should be less than 12” high, unless prescribed higher by the Refuge Forester

In some locations within the project area, trees may be larger than is traditionally encountered during precommercial thinning projects. The successful bidder should consider that while brush saws are likely to be effective throughout most of the project areas; chainsaws may be needed at times for larger diameter trees.

Performance evaluation meetings: Prior to commencing work, the successful bidder and any proposed subcontractors shall meet with the Refuge Forester to discuss and develop mutual understanding relative to scheduling and administering the work. Access issues will be finalized at this time.

The Successful bidder shall meet with the Refuge Forester weekly after operations begin. Thereafter, the meetings shall be as often as necessary at the discretion of the Refuge Forester, but no less than monthly. A mutual effort shall be made to resolve all problems identified. The successful bidder shall state in writing to the Refuge Forester any areas of disagreement. Upon written receipt of the successful bidder’s written statement, the Refuge Forester shall meet with the Successful bidder to resolve the issue(s) of disagreement.

Supervision: The successful bidder shall furnish all labor, lodging, materials, equipment, transportation, supplies, and supervision necessary to cut the trees within the project area. The successful bidder shall provide a competent foreman or supervisor on the project area at all times when work is being conducted under the contract, with full authority to implement daily work activities.

The foreman or supervisor must be conversant in English, particularly with respect to scientific-terms associated with forest management. The foreman must have experience using a handheld digital device to navigate to locations on the ground. He/She will be expected to follow a digitally-produced, spatially-explicit map outlining treatment areas as small as a quarter acre.

The Refuge Forester will also make visits to the site to ensure all conditions of the project are being carried out.

Fire Control: The Successful bidder shall both independently and in cooperation with the Government take all reasonable and practical action to prevent and suppress fires resulting from the Successful bidder’s operations and to suppress forest fires on the project area. Operations could be halted in the case of high or extreme fire danger determined by the Refuge Forester.

Damage of Government Property: In the event of damage, including damage by contamination, to any Government property by the Successful bidder, its officers, agents, servants, employees, subtenants, licensees or invitees, the Successful bidder, at the election of the Government, shall promptly repair, replace, clean-up, or provide monetary compensation for the repair, replacement, or clean-up of such property to the satisfaction of the Government. Some examples of structures and features constituting Government Property are culverts, bridges, water control structures, gates, signs, gravel roads, canals, ditches, and wetlands. This list is not intended to be exhaustive and damage to other Government property located within the project area but not listed herein is covered by this provision.

Intentional damage to residual trees will result in monetary compensation of no less than two times the current stumpage rate. Damage to residual trees should not exceed 10% of the residual stems;

determination of damage will be assessed by the Refuge Forester. The Service realizes that some damage will occur during normal operations.

Citizenship: No employee or representative of the successful bidder shall be admitted to the project area unless the successful bidder can provide satisfactory proof that the person is a citizen of the United States or if an alien, the person’s residence within the United States is legal. The Successful bidder shall provide, in writing, and without cost to the Government all information concerning identification and citizenship of the employees as required by the Contracting Officer. The Immigration and Naturalization Service (INS) has the authority to enter Federal property, without delay and at reasonable times, to conduct routine citizenship investigations.

Inspection by Regulatory Agencies: Work performed under this contract is subject to inspection by local, state and Federal government regulatory agencies including those described below. State and federal occupational health and safety officials have the authority to enter Federal property, without delay, and at reasonable times, to conduct routine safety and health investigations. This authority extends to safety and health investigations based on reports of unsafe conditions.

Occupational Safety and Health Administration (OSHA) officials may also investigate accidents or illnesses involving the successful bidder’s employees. Inspections may also be carried out by the Department of Labor to inspect for compliance with labor laws. The Successful bidder shall cooperate with regulatory agencies and shall provide personnel to accompany the agency inspection or review teams. Successful bidder personnel shall be knowledgeable concerning the work being inspected and shall participate in responding to all requests for information, inspection or review findings by regulatory agencies.

Safety: All operations in connection with project hereunder shall be subject to such fire, safety, security, and other rules and regulations necessary for the protection of Government personnel and property as the Refuge Forester may from time to time prescribe. The successful bidder’s tree cutting operations shall conform to OSHA’s logging safety standards as prescribed in 29 CFR part 1910.266 Logging Operations, and hazardous communication standards in 29 CFR part 1910.1200. Copies of these safety standards may be obtained from the OSHA website at www.osha.gov .

Sanitation: Successful bidder shall not discard or otherwise dispose of litter on the property of the Refuge or any private property, into bodies of water or on ice of such waters, or upon any adjacent public way, and shall be responsible for off-site disposal of garbage and refuse generated by forest operations in a lawful manner. For purposes of this paragraph, litter means all waste materials, including bottles, cans, machine parts and equipment, junk, paper, garbage and similar refuse, but shall not include the wastes of the primary processes of tree felling, such as sawdust and slash.

Debris, rubbish, and unusable material resulting from the work under this agreement shall be disposed of daily by the successful bidder at the successful bidder’s expense.

Failure to Perform: If the successful bidder fails to perform the terms of this project, the Refuge official signing this permit shall give the successful bidder written notice stating the failure.

Thereafter, regardless of any other provisions of this document, the successful bidder shall not be entitled to an equitable adjustment under this document, to the extent the equitable adjustments arise from the successful bidder’s failure to perform or from any reasonable remedial action taken by the Refuge official based on the failure. The failure of the Government to insist, in one or more instances, upon the performance of any term of this contract is not a waiver of the Government’s right to future performance of such term, and the successful bidder’s obligation for future performance of such term shall continue in effect. The successful bidder and its sureties shall be liable for any damage to the Government resulting from the successful bidder’s refusal or failure to perform any term of this contract, whether or not the successful bidder’s right to proceed with work is terminated.

Drug Free Workplace: The Successful bidder acknowledges and certifies that it understands that the following acts by the Successful bidder, its employees, and/or agents performing services on Government property are prohibited: the unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs; and any impairment or incapacitation from the use of alcohol or other drugs, except the use of drugs for legitimate medical purposes.

Indemnification: The Successful bidder will indemnify and save harmless the Refuge and their http://www.osha.gov/ authorized agent from any and all claims and actions covering loss costs, expenses (including attorney and legal fees), and damages of every kind and description which may be brought or made against the Refuge or their agent on account of or in manner arising out of the work being done under this agreement, sustained by any person, firm or the Bidder’s agent, employee(s), contractor(s), or subcontractor(s).

The successful bidder shall carry Workers’ compensation and Public Liability Insurance in a company and in an amount satisfactory to the Refuge conditioned to protect the Successful bidder(s) or their agent(s), employee(s), contractor(s) from any loss, cost, damages or expenses in any way arising out of the work being done by the Successful bidder(s) or their agent(s), employee(s), contractor(s) or subcontractor(s) hereunder.

Insurance: The Successful bidder will be required to carry Public Liability and Workers’ Compensation Insurance and provide a copy of certificate of this coverage. At a minimum, the Successful bidder shall maintain liability coverage valued at no less than $1,000,000, and Workers’ compensation coverage as required by federal and state worker’s compensation and occupational disease statutes. This insurance must be maintained during the entire performance period. The successful bidder will provide the Refuge with proof of the operator’s liability and Workers’ compensation coverage.

Other Terms of this Agreement: The Successful bidder will notify the agent for the Refuge five days before starting on any portion of this project. Should operations cease for more than five (5) days during the period of this agreement, the successful bidder will notify the Refuge Forester five days before returning to operate any portion of this sale.

Any access to the project area by persons not directly associated with operations (visitors, media, family members, etc.) shall be by approval of the Refuge.

The successful bidder agrees to observe all restrictions and provisions of this agreement and to conform to the directions and instructions given by the Refuge Forester or their agent. The Refuge and their agent reserve the right to stop the project if the conditions of this agreement are not being observed.

The successful bidder agrees not to assign this agreement in whole or in part without the written consent of the Refuge or their agent.

The successful bidder assumes all liability for damages and suppression expenses if a forest fire occurs as a result of the tree cutting operations or because of carelessness of those involved in the harvesting.

Statutory Requirements: A copy of all permits, contracts, and certificates obtained or entered into by parties to this agreement shall be provided in a timely manner to the Refuge Forester. The successful bidder will be responsible for ensuring compliance with all tree cutting notification requirements in the State that they are working - New Hampshire, Maine, and Vermont.

The successful bidder agrees to comply with all Federal and State Laws or regulations in the performance of this operation. The successful bidder agrees to indemnify and hold harmless the Refuge from any and all claims or demands which may be made against it by reason of the successful bidder’s operation or violation by the successful bidder of any laws or regulations governing said operation.

Table 1 – Management action by year

Umbagog

Action base year year 1 year 2 PCT/NCR (Acres) 300 300 300 Planting (# of seedlings) 15,000 15,000

Nulhegan

PCT/NCR (Acres) 225 225 225

Moosehorn

PCT/NCR (Acres) 300 180 180