Rush River PWS W912ES20Q0002.pdf

Performance Work Statement

Sapling Release, Gap Creation and Invasive Species Control at the Trimbelle and Rush River Sites in Pierce County, Wisconsin

1 BACKGROUND

This Performance Work Statement (PWS) describes treatments to release competitive saplings of desirable hard mast species in approximately 10 year old direct-seeded stands and creation of small gaps and subsequent planting of those gaps in areas where no desirable species are present on U.S. Army Corps of Engineers (USACE) owned land at two properties in Pierce County, Wisconsin. In addition, this PWS describes invasive species control work on just over 8 acres of land on the properties. In total, the treatment areas cover 150.66 acres.

1.1 SITE DESCRIPTION

This project will be implemented at two locations, the Rush River and Trimbelle properties, both in Pierce County Wisconsin. Both properties were acquired in the mid 2000’s as mitigation properties, with the objective of afforestation of approximately 300 acres of non-forested land that was primarily in row crops at the time of acquisition. The majority of the treatment areas in this PWS were direct-seeded to desirable species between 2009 and 2011.

The Rush River project area is just north and west of Maiden Rock, WI and is roughly bounded on the west by County Highway A and on the east by E. Rush River Road/385th Street. The Rush River flows through the middle of the property.

The Trimbelle project area is north of Beldenville, WI and is roughly bounded on the north by 770th St. and on the east by County Highway W. The western and southern boundaries are adjacent to private land. The Trimbelle River flows through the middle of the property.

Access to all areas in the current PWS in both project areas is possible from county roads via USACE-owned lands. However, treatment area s005 and the southernmost block of s008 at the Trimbelle site are accessible only by foot.

Vicinity and project area maps are attached.

1.1.1 Current Conditions

All of the release treatments and gap plantings will occur in areas direct seeded between 2009 and 2011. Most of the areas are high density thickets of small diameter saplings, between 1,500 and 2,000 stems per acre with diameters generally ranging from 1.5 to 3 inches diameter at breast height (dbh), though some cottonwood-dominated areas have stems as large as 5 inches dbh.

Species dominance varies across the treatment areas, with boxelder or cottonwood completely dominating some portions, while other areas have a desirable mix of hard mast species, primarily oaks (Quercus spp.). In some stands, black walnut (Juglans nigra) is the primary hard mast species in a competitive canopy position.

The areas being treated for invasive species are primarily old fence-rows and pasture. Densities of woody invasives are low, but stems are large, often 10-20 feet tall and 3-5 inches in diameter.

Common buckthorn (Rhamnus cathartica) is the most common, though bush honeysuckles (Lonicera spp.) are also found. Amur maple (Acer ginnala) is becoming a problem in the former pasture in the west-central portion of the property and will be controlled as part of this project.

1.2 PRESCRIPTIONS

1.2.1 Prescriptions

1.2.1.1 Canopy Gap Release and Canopy Gap Creation

The objective of this prescription is to ensure that the treated stands have about 17.4 competitive trees per acre of desirable species, which equates to a 50 foot spacing between desirable trees. To accomplish this, a combination of release treatment and gap creation, coupled with subsequent planting, will be implemented. Planting will only occur in a subset of locations where no desirable hard mast species is present for release (see table below for list of hard mast species).

Based on 2020 forest inventory data, approximately 20% of the treatment area has desirable hard mast species established in the canopy, while 80% of the area has no hard mast in the canopy.

Thus, it is estimated that, across the 141.4 acres being treated, there will be 492 crop tree release locations and 1968 gap creation and planting locations. Because these numbers are estimated from a sample of the area, the contractor will be allowed a variation of +/- 25% from these numbers.

The government will provide the contractor with a map showing a 50 x 50 foot grid and associated GPS coordinates. The contractor will be required to move through the site, stopping every 50 feet on the 50 x 50 foot grid to either release an established hard mast tree or create a gap and, if no desirable hard mast species is present, plant a large bareroot seedling in that gap (planting does not need to occur at the time of gap creation, see detailed description below). The contractor shall provide the Government with documentation of the status of each location on the 50 x 50 foot grid, indicating whether the location was treated as a competitive hard mast release or a gap with planting. This data may be in either tabular or GIS format, but must correspond with the original locations on the grid.

Descriptions of specifications for the release treatments and the gap creation and planting treatments are provided below.

Competitive Hard Mast Release Treatments

At each location on the 50 x 50 foot grid, the contractor will determine whether a competitive hard mast tree (see table below for a list of hard mast species) with good form is present within 10 feet of the grid point and available for release. A competitive tree is defined for the purposes of this contract as one that is 2/3 or greater of codominant canopy height with no evidence of epicormic sprouting or other indicators of low vigor. Good form is indicated by a straight stem, no forking below 8 feet (preferably below 16 ft.), a dominant leader, and, if forking does occur higher in the tree, it occurs as a strong (u-shaped) fork without included bark. If no competitive hard mast trees with good form are present at the grid location, then a competitive hard mast tree with low forking may be selected for release instead. If no competitive hard mast trees are present at the location, then the contractor will follow the procedure for gap creation and planting described in the next section.

When an acceptable hard mast tree is encountered at the grid location, implement a crown-touching release plus removal of a second ring of competing trees (crowns touching the crowns of the first ring of trees), or roughly a 10 ft. radius from the release tree, based on distances between stems. No treatment of stumps will be implemented for hard mast release.

When multiple hard mast trees are present at a given location on the grid, the stem for release shall be the most dominant stem of good form. Less dominant mast trees shall be removed to release the most dominant tree if their crowns touch the target release tree. If multiple equally dominant stems are present at a grid location, then the priority list in the table below shall be used to select which species is released; if multiple equally dominant stems of the highest priority species are present, then the stem with the best form shall be selected for release.

If the selected hard mast tree to be released is a black walnut, a light pruning of all dead branches and any live branches that are less than ½ the diameter of the main stem shall be implemented, up to 8.5 feet above ground level. Black walnut is the predominant hard mast species in a number of stands, including Trimbelle s001 and Rush River s004 and s006.

Hard mast species and release priority

Species Competitive release priority

Target % of Planted Seedlings

Black walnut (Juglans nigra) 1 0%

Red oak group (Quercus rubra, Q. velutina, Q. ellipsoidalis)

2 33.3%

Bur oak (Quercus macrocarpa) 3 33.3%

Swamp white oak (Quercus bicolor)

4 33.3%

Any other hard mast species 5 0%

Gap Creation, Understory Hard Mast Release and Planting Treatments

Where a competitive hard mast species is absent from the grid described above (approximately 1968 locations), gaps of the same size as the crown touching release (10 foot radius from the grid point) shall be placed at the grid location to create an opening in which to plant a new, large bareroot seedling. All non-hard mast stumps will be treated with herbicide labeled for cut stump control of the target species. No stumps of mast species will be treated to allow for coppicing and to prevent any transfer of herbicide through root grafts.

Large bareroot seedlings (minimum height of 2 feet, 75% of stems must have a root collar diameter of 3/8” or larger) will be planted in the center of each newly created gap as described above, with planting occurring between October 15 and May 31, depending on site conditions and seedling availability. As above, approximately 1968 trees will be required for this planting.

Prior to planting, trees shall be treated with an appropriate deer repellant that is formulated from greater than 99% dried bovine and/or porcine blood in a wettable powder. Trees may be dipped in, brushed or sprayed with the deer repellant formulation mixed with water. After planting, the stem of each planted seedling shall be protected with either a tree tube, protective mesh or spiral wrap applied to prevent rabbit cutting. The protection must be at least 2 feet tall and must be supported in a way that the tree seedling is not bent over by the protector.

Release and gap creation will be implemented from the time of contract award through March of 2021. Gap planting may occur in fall or spring and may occur prior to, at the time of, or subsequent to gap creation, but no later than May 31 of 2021.

1.2.1.2 Tree Planting Specifications

Tree seedling supply, storage, handling and planting

Quality hardwood tree seedlings often have large root systems, and stems may be as large as 2-3 feet tall. Large seedling size shall be accounted for in determining planting tools to use.

The contractor shall be responsible for acquisition of tree seedlings, and shall provide the government with an invoice detailing the seedling order at least two months prior to initiation of planting. If seedlings are acquired by the contractor but, due to circumstances outside of the contractor’s control the seedlings cannot be planted, the Government will be responsible for the cost of the seedlings.

Seedlings may be root pruned at the time of planting to down to a minimum of 12 inches, measured from the root collar. First order lateral roots shall not be removed in this process but may be trimmed back.

Seedlings shall be approximately equally distributed between three oak species: swamp white oak (Q. bicolor), bur oak (Q. macrocarpa) and northern red oak (Q. rubra). In the event that a species is not available, the contractor may plant two of the three species. The contractor shall inform the government of this change but is not required to receive authorization. Substitutions of more than one species, or the addition of species not currently on the list, shall receive prior written authorization from the government.

Large, vigorous seedlings are critical for planting success in this project. Thus, seedlings must be a minimum of 2 feet tall at the time of planting. A minimum of 75% of planted seedlings shall have a root collar diameter of 3/8 inches or larger.

All seedlings shall be of native stock and no cultivars shall be planted. Seed for seedlings shall have been sourced from USDA Forest Service Eastern Seed Zones 22 or 231, and the nurseries from which the contractor procures seedlings must verify that the seed origin is within these seed zones. The contractor shall not substitute species or stock types without written approval from the contracting officer.

The Government reserves the right to refuse seedlings not meeting the standards describe above, requiring the contractor to procure replacement seedlings at no cost to the government. The Government also reserves the right to assess a payment penalty upon a quality assessment of planted seedlings that falls below the thresholds described herein.

All seedlings shall be handled and stored in an appropriate manner to minimize seedling stress prior to outplanting. Seedlings shall be kept in a cooler at or below 40 degrees F until the day of planting. In no case shall seedlings be kept outside of cold storage for more than two days (48 hours). In the field, seedlings shall be stored in full shade with roots well moistened.

Trees shall be stored in planting bags or other containers to prevent desiccation of roots while being transported from the final staging area on the planting site to individual planting locations.

Trees shall not be held outside of a container for more than one minute. The government reserves the right to inspect the operation at time of planting and may levy a payment penalty up to and

1 Seed zone map available at:

https://www.arcgis.com/apps/webappviewer/index.html?id=7f1fbeefbc074301af487e817cbca927&extent=- 13595430.6254%2C1966369.9381%2C-4202848.5897%2C7122506.1181%2C102100 including the total cost of seedling acquisition and planting for failures to follow proper seedling handling requirements. The government also reserves the right to stop planting operations at any time that it determines that these guidelines are not being followed.

The Contractor shall follow guidelines in USDA-Forest Service Handbook 247 for hand planting2. Any seedlings planted outside of these specifications (e.g. exposed root collars, j-rooting, poor tamping of holes) may result in a performance penalty.

The Government Point of Contact (POC) may also specify where certain plant species or associations of plant species are to be planted within the project area. Plant material planted in inappropriate places will be subject to rejection by the Government POC during inspections.

Excess and waste material shall be removed and properly disposed of off-site pursuant to all laws and regulations.

Quality Assurance Surveillance Plan

Release treatments will be considered acceptable if the following are true:

- 95% of the release gaps meet the specifications described in the Competitive Hard Mast Release Treatments section above

Tree planting shall be considered acceptable if the following are true:

- 95% of Government sampled planted trees are > 2 feet tall

- 75% of seedlings have a root collar diameter of at least 3/8 inches

- Each species constitutes 33.3% +/- 10% of total trees planted, unless a wider variation has been approved by the Government due to seedling availability issues

- 95% of trees stay in the ground following the “tug test” (a light pull on the seedling does not dislodge it from the ground), with no roots or root collar visible at the soil surface

Up to 5% of treatments will be sampled in initial quality assessments by the government. If, based on the initial sample, quality of work appears to be below contract standards, an additional 5% will be sample to reach a total of a 10% sample of gaps.

Treatments will be considered effective if 90% of stems show evidence of the treatment prescribed for the area in section 1.2 above.

Any performance penalties will be assessed on the proportions of gaps falling outside of specifications in the 10% sample; this proportion will be assumed to be representative of the treatment as a whole and may be applied to the entire pay request associated with the quality assessment. The Contractor Performance Assessment Reporting System (CPARS) ratings are defined in FAR Table 42.1-Evaluation Rating Definitions.

2 See pages 29-31 of the handbook, available online at: https://rngr.net/publications/forest-planting-practice-in-the-united-states/forest-planting-practice-in-the-united-states-1963

Performance Requirement

Standard Acceptable Quality Level (ACL)

Surveillance Method Incentive

Release treatments

Meet PWS 95% of release gaps meet PWS.

Government on-site inspection/observation/sampling

CPARS

Performance rating/No Penalty

Tree planting PWS 95% planted trees >2’ tall

Government on-site inspection/observation/sampling

CPARS /No Penalty

Tree planting PWS 75% seedlings root collar 3/8”

Government on-site inspection/observation/sampling

CPARS /No Penalty

Tree planting PWS 33.3% +/- 10% unless otherwise approved

Government on-site inspection/observation/sampling

CPARS /No Penalty

Tree planting PWS 95% pass tug test

Government on-site inspection/observation/sampling

CPARS/No Penalty

Herbicide PWS 90% stem evidence

Go Government on-site inspection/observation/sampling

CPARS/No Penalty

1.2.1.3 Woody invasive control

Across the 8.08 acres designated for woody invasive control, the contractor will implement cut stump or basal bark treatments of all woody invasive stems, but primarily common buckthorn (Rhamnus cathartica) and amur maple (Acer ginnala). Given the generally scattered distribution of stems, hand sprayers are likely to be the more effective method of application. Herbicides used shall be labeled for the application type; tricolopyr-based herbicides are preferred-see the attached list of approved herbicides. Treatment areas will not be marked in the field; the contractor will be required to have GPS equipment to track location in the field based on government-provided field maps.

1.2.2 Treatment Schedule

Treatments must be completed within time windows that will maximize treatment effectiveness.

Begin and End Dates for each treatment in each area are provided in the Measurement and Payment section below. No treatments may begin prior to the Begin Date and all treatments must be completed by the End Date for any given area. The contractor may select any date between those two dates to perform work, given that site conditions are appropriate and that the Government has given approval to proceed. In addition, upon contract award, the contractor shall submit to the Government a tentative work schedule for the contract period. The Contractor submitted work schedule is not binding and may be updated as needed, but is intended to allow the Government to plan according to the contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the Begin and End Dates provided in this contract.

2 PERIOD OF PERFORMANCE DATES/MEASUREMENT AND PAYMENT

Acreage provided by the Government in this solicitation are Government estimates only, based on GIS area calculations. It is the Contractor’s responsibility to verify these acreages in the field.

Following the completion of each schedule item below and after the Government has completed QC and accepted the work, the Contractor may submit an invoice for payment. Invoices shall not be submitted until the entire Contract Line Item Number (CLIN) is completed.

CLINs/Period of Performance/Description of CLIN

0001; Contract award through 3/15/2021: Provide map showing release and planting locations.

0002; Contract award through 3/15/2021: Hard mast tree release (including light pruning of walnuts.

0003AA; Contract award through 12/31/2020; Gap create with stump treatments

0003AB; Contract award through completion/planting; Seedling acquisition.

0003AC; October 15 through 05/31/2021; Tree protector acquisition.

0003AD; October 15 through 05/31/2021; Seedling planting.

0003AE; October 15 through 05/31/2021; Installation of tree tubes/spiral wrap.

0004; Contract award through 03/15/2021; Woody invasive control; cut stump and/or basal bark.

2.1 Site Visit

Contractors are encouraged to inspect/view the sites where the work will be performed before quoting.

2.2 Invoices

The contractor must submit invoices to the Government POC to initiate payments.

Al l invoices shall be sent via e-mail. Invoices with errors or that are not acceptable per FAR Clause 52.212-4 will be returned and a new invoice with a new date must be submitted for payment.

POST-AWARD MEETING

A post-award meeting must be scheduled within 10 days after contract award and will be held by conference call. An on-site meeting will be discussed at that time; the on-site meeting must occur prior to work starting on the contract. The Contractor will be notified by the Government POC of the meeting time.

3 GOVERNMENT POINT OF CONTACT

Government Point of Contact information will be given to awardee.

4 HERBICIDE

4.1 Herbicide Plan

The Contractor shall submit a written plan that addresses their recommended herbicides, application rates, timing, and spray methods proposed to achieve the contract goal of vegetation control at the management area, target pest and reason for choice after contract award prior to starting herbicide procurement and application. Only herbicide formulations in the Government list (Attachment 04) shall be used; if the contractor wishes to use an alternative herbicide, a request must be made to the Government POC no less than twenty (20) working days prior to anticipated application. The request will require submission for environmental review and the contractor shall not assume that approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.

The herbicide plan shall detail the carriers, adjuvants and surfactants to be used. Also include application rates, where mixing will occur, and plans for environmental protection if mixing is to occur on government property. EPA product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) shall be submitted with the herbicide plan.

The Government POC must receive submission of this plan a minimum of five (5) working days in advance of the desired application date. The request will be reviewed, considering as a minimum, for relative effectiveness and toxicity. The Contractor is to notify the Government POC of any planned herbicide applications and receive prior approval before completing the planned application.

All treatments must be conducted during a period when target species are susceptible to the herbicide being used. All herbicides used shall be labeled for application in aquatic areas. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or wind directions are likely to result in drift to surface water or non-project lands. To protect groundwater resources, herbicide applications will not be allowed prior to precipitation that could facilitate rapid leaching of herbicide to the water table. At a minimum, herbicide(s) cannot be applied when the forecast indicates a high probability of significant precipitation during the next 24 hours. The Contracting Officer shall have the right to make these determinations and terminate any planned herbicide applications based on available weather forecasts and current conditions. Additionally, excessively dry conditions that can negatively affect herbicide performance shall also be avoided.

Herbicides shall be applied to the project areas in accordance with the weed control goals stated above. The Contractor shall take particular care to not exceed per acre limits according to the product label for basal bark applications.

4.2 Licensing

The Contractor, all of their employees, any subcontractors or other individuals performing herbicide work under this contract shall possess a valid state commercial herbicide applicator's license with certification for Forestry, Rights-of-Way, and Natural Areas (Category J) for Minnesota, (or have completed requirements necessary for license reciprocity in Minnesota) and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Quoters shall submit with their quote package (see Instructions to Quoters Section in the RFQ) a list of anticipated pesticide applicators that will complete the work and a copy of the applicable credentials for each individual. At least one individual with the proper credentials must be in the employ of the Contractor upon submission of your quote; a quote that does not include documentation of a licensed applicator may not be considered for contract award. Department of Labor as well as state regulations regarding employment of youth shall be observed.

4.3 EPA Registration Label

All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered to.

4.4 Post-Application Documentation

The Contractor shall submit completed copies of the ‘Post-Application Documentation Form’ for each day’s herbicide work and for each herbicide used. A sample form is provided in Attachment 03 and may be reproduced. The Contractor may use his or her own form if it contains all information included on the Corps form. Scanned or digital copies of this form shall be submitted electronically to the government POC within five working days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the Government POC.

4.5 Herbicide Warranty

The Contractor shall exercise his/her professional judgment as to the application rate, time and extent of application of the herbicides. The Contractor warrants that:

Should the desired results not be achieved, the Contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the Contracting Officer. If performance is determined to be unacceptable, the Government may require re-treatment of an area. If the Government determines that re-treatment will be required, written notice will be provided to the contractor by email. Areas will be retreated within the time specified by the Contracting Officer.

Site Restoration

Areas that have been damaged by planting or herbicide operations shall be restored to original condition at the Contractor’s expense. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Reseeding of non-target native vegetation damaged in this way may be necessary and will be at the Contractor’s expense. Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by spraying operations shall be restored to original condition at the Contractor’s expense.

4.6 Material Safety Data Sheets

The Contractor shall make MSDSs for all herbicides, adjuvants and other products used at the site readily available on site to all affected contract employees.

5 ENVIRONMENTAL PROTECTION

Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor's immediate response shall be to proceed with measures to limit the further spread of contaminates.

Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) if a reportable quantity is released to the environment. The appropriate state official is the Department of Public Safety Duty Officer.

There is someone on duty at this number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended by the Contracting Officer and at no cost to the government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s).

The Contractor shall guarantee that all equipment used on the site is clean and free of any soil, seed, or other biologic material that is capable of introducing invasive animals, plants, insects or pathogens. The Contracting Officer may require cleaning of equipment prior to site access if this requirement is not met.

6 SAFETY

Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in the Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) and OSHA Safety Standards to ensure the safe working conditions for his employees and government workers. Instructions for accessing the manual are available online at: https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/.

The entire Safety Manual is available for downloading or viewing on the Internet at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf.

7 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

7.1 Insurance

The contractor will carry liability insurance that will cover the application of herbicides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer within 10 working days after award of the contract. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure and maintain insurance may be grounds for termination during the performance period of this contract.

7.2 Government Liability

The Government assumes no liability from the Contractor's performance of the contract work.

The Contractor shall hold and save the Government harmless from any and all liability to others arising from the performance of the contract.

7.3 Responsibility for Damages

The Contractor is responsible for all damages to persons and property resulting from performance of the contract work.

8 SUBMITTALS

Pre-award submittals to be submitted with the quote:

1. Pricing schedule

2. Certified applicator list, with copies of certification credentials.

Post Award Submittals

1. Contractor work schedule

2. Herbicide plan with herbicide application schedule

3. Post-application herbicide reports (required following any herbicide applications)

4. Tree seedling invoice (required a minimum of one month prior to planting)

5. Documentation of tree seedling seed source (required a minimum of one month prior to planting)

9 ATTACHMENTS (Att)

Att 01- Vicinity Map for Trimbelle and Rush River Properties

Att 02- Prescription Map for Trimbelle and Rush River Properties

Att 03- Post-Application Documentation Form

Att 04- Approved Herbicide List