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					                                                                  Contract No. ______________


                 PERFORMANCE WORK STATEMENT (PWS)
                                FOR
           TREE CUTTING & WOODY BIOMASS REMOVAL SERVICES

C.1       GENERAL

C.1.1     Purpose - U.S. Fish and Wildlife Service requires commercial tree cutting/clearing
          services for purposes of reduction and removal of the amount of dead woody material,
          i.e. woody biomass, within affected areas of Waterfowl Production Areas identified in
          this contract to reduce fuel loadings, reduce fire intensity, and reduce smoke
          management concerns when prescribed fire treatments are scheduled for these areas.
          Woody biomass utilization is an important aspect of this requirement in support of
          “Green Procurement.”

C.1.2     Scope – This PWS is the specification of the standards and the identification of the
          locations of the woody biomass projects for tree clearing, slash piling and/or
          chipping, woody biomass utilization, and related activities for.

          Work will consist of the cutting of undesired trees and removal of resulting woody
          biomass from Waterfowl Production Areas and removal of slash left from previous
          tree cutting operations. Trees may be in association with existing or former fence
          lines which may contain wire and steel posts. Tree species vary widely. Tree diameter
          at breast height (DBH) ranges from 4 inches to approximately 30 inches. Tree heights
          will vary as well. The contractor may, in some cases, be required to perform the work
          in a manner that will prevent damage to residual trees while removing adjacent trees.

C.1.3     Location – Proposed Waterfowl Production Areas (WPA) are on U.S. Fish & Wildlife
          Service Land within the Litchfield Wetland Management District located in central
          Minnesota. This project is located in the following county/counties: _Kandiyohi,
          Meeker, McLeod and Renville.

C.1.3.1   The project work area has been divided into specific groups to facilitate the bidding
          process for tree cutting and Biomass slash removal. Each group shall have its own
          bid by the contractor. See attached maps for detailed locations.

C.1.3.2   Legal Descriptions for Biomass removal of sites are as follows;
          Group 1
          Evenson WPA,          TN_ 120N____, R_35W____, Section(s) _16_____.
          Olson WPA,            TN_118N____, R_36W____, Section(s) _26__.
          Sacred heart WPA, TN_115N____, R_37W____, Section(s) _22_____.

          Group 2
          Barber Lake WPA,      TN_116N____, R_30W____, Section(s) _27_____.
          Cosmos WPA,           TN_117N____, R_32W____, Section(s) _12 ____.
          Hanson WPA,           TN_119N____, R_31W___, Section(s) __7____.

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C.1.3.3   Legal Descriptions for Tree cutting and Biomass removal of sites are as follows;
          Group 3
          Yarmon WPA,       TN_118N____, R_34W_____, Section(s) _23_____.

          Group 4
          Lake Lillian WPA,TN_117N____, R_34W_____, Section(s) _ 2_____.

          Group 5
          Raymond WPA, TN_118N____, R_36W_____, Section(s) _ 6_____.

          These WPA’s are grass lands with a mixed hardwood and softwood and brush species
          consisting of scattered, dense or isolated pockets of trees and brush. The terrain is flat
          to rolling upland prairie and wetlands. These areas are to be cleared of down and dead
          woody debris slash piles and dispersed concentrations of trees and individual trees
          occurring within the WPA’s under this contract. The total affected acres for these
          WPA’s is approximately 100 acres. Maps of the areas are attachments to this PWS.

C.1.4     Period of Performance - This project shall be completed by September 30, 2010
          unless the period of performance is extended in writing by the Contracting Officer at
          the recommendation of the Government Service Liaison/Project Leader.
          Due to the spring nesting season, tree cutting will not be conducted from March 15th
          through July 15th of each year. Removal of existing slash piles can take place from
          March 15th through July 15th of each year. The Service also reserves the right to
          limit equipment access and/or temporarily suspend operations due to wet conditions
          that could cause excessive property damage or for any other reason. Timely notice
          will be provided to the contractor to eliminate unnecessary costs.

C.1.5     Hours of work should be Monday through Friday, 8:00 a.m – 5:00 p.m., excluding all
          Federal holidays. Other hours may be possible at project leader’s discretion. The
          Service also reserves the right to limit equipment access to sensitive sites if they
          become too wet due to excessive rainfall.

C.2       DEFINITIONS

C.2.1     Contracting Officer (CO) - A person with the authority to enter into, administer,
          and/or terminate contracts and make related determinations and findings. The term
          includes certain authorized representatives of the CO acting within the limits of their
          authority as delegated by the CO.

C.2.2     Government Service Liaison (GSL) - The on-the-ground administrator for the
          Contracting Officer. The GSL’s authorities and responsibilities are defined in the
          GSL’s Designation Letter. The GSL is authorized to clarify technical requirements,

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        and to review and approve work which is clearly within the scope of work. The GSL
        is NOT authorized to issue changes pursuant to the changes clause or to modify the
        scope of work in any other way.

C.2.3   Project Inspector (PI) - The person designated by the GSL to perform, as needed, on-
        the-job Government inspection of work accomplished by the Contractor. The Project
        Inspector is responsible for checking the Contractor's compliance with the terms of
        the statement of work/specifications, work schedule, and labor provisions at the site
        of the work.

C.2.4   Woody Biomass - The trees and woody plants, including limbs, tops, needles, leaves,
        and other woody parts, grown in a forest, woodland, or rangeland environment, that
        are the by-products of management, restoration and/or hazardous fuel reduction
        treatment.

C.2.5   Woody biomass utilization - the harvest, sale, offer, trade, and/or utilization of woody
        biomass to produce the full range of wood products, including timber, engineered
        lumber, paper and pulp, furniture and value-added commodities, and bio-energy
        and/or bio-based products such as plastics, ethanol and diesel and generation of
        electricity".

C.2.6   Diameter Breast Height (dbh) - the diameter of the trunk measure at a point 4-1/2 feet
        above the ground level on the uphill side of the tree.

C.2.7   Slash - Trunks of cut trees, and/or limbs.

C.3     GOVERNMENT-FURNISHED PROPERTY AND SERVICES
        (NONE)

C.4     CONTRACTOR-FURNISHED PROPERTY AND SERVICES

C.4.1   General - The Contractor shall provide all labor, equipment, supervision,
        transportation, operating supplies, and incidentals needed to perform the work, which
        may or may not involve the removal of the debris from the District in accordance with
        the specifications, terms and conditions contained herein. Tree cutting and Woody
        Biomass debris will be ordered removed from the District, in which case it will be
        deemed the property of the Contractor and may be disposed of in any lawful way,
        including sale. If sufficient funds are not available for removal, the Woody Biomass
        debris shall remain in its current location.

C.4.2   Equipment Requirements - Throughout the period of performance, machines used to
        accomplish this contract shall be maintained in good and safe working order, and
        shall be free of fluid leaks in order to protect the District environment. All equipment
        shall be cleaned prior to operation on Government lands (all dirt, grease, and plant
        parts shall be removed, to minimize risks of contamination of the District). The

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           Contractor shall not deviate from the equipment listed in its quote unless approved by
           the Contracting Officer. This work shall be accomplished via mechanical or manual
           means, such as hand piling, hydro-mowing, chainsaw, skidder, track loader, chipper,
           chopper or other mechanical or manual methods capable of piling or removal or
           reducing woody debris on the site specific areas. All operators shall be fully trained
           in the operation and safe use of the machine(s) they use, and applicable Federal Office
           of Safety and Health Administration (OSHA) standards must be met during this work.
            Alternate means of accomplishing the work such as burning debris or slash, shall not
           be used.

           Mechanical equipment with a minimum of 130 horsepower and capable of cutting and
           carrying up to 24+ inch diameter trees is preferred, so that trees may be bunched after
           cutting for subsequent removal. Because of the low-stump height requirements of this
           contract, hotsaws or similar equipment are recommended to meet stump height
           specifications. Chainsaws may be required for larger trees or in areas where larger
           equipment may cause damage to residual trees.


C.4.3      Security of Equipment and Property - The Contractor may leave equipment at the
           work site during the period of performance so long as care is taken to minimize
           negative impact on the natural surroundings of the District. However, the
           Government will assume no responsibility for this equipment if it is lost, stolen or
           damaged while on District property or elsewhere.

C.5.       REQUIREMENT

C.5.1      The Government’s intent is to remove and reduce the amount of live unwanted trees
           and dead woody material within affected areas of Waterfowl Production Areas
           identified in paragraph C.1.3 to reduce fuel loadings, reduce fire intensity and reduce
           smoke management concerns when prescribed fire treatments are scheduled for theses
           areas.

C.5.2      Conditions of Performance

C.5.2.1    Prohibited Personnel and Activities - Only persons who have a need to be on site in
           performance of contractual requirements will be authorized access to the District,
           unless separately authorized by the District Manager or his lawful designee. No one
           is authorized to possess firearms, alcoholic beverages or illegal substances while on
           District property. Violation of any Federal or District regulations or rules may result
           in expulsion of the offender(s) from District property and/or criminal and civil
           charges as applicable. Each official, employee, independent contractor and others
           involved with this contract shall abide by these restrictions.

C.5.2.2.   Landscape Preservation - The Contractor shall give attention to the effect of contract
           operations upon the landscape, and shall take reasonable care to maintain the natural

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           surroundings. Piling, skidding, yarding, and removal of woody Biomass debris may
           be done only when the ground is frozen or when soil conditions are dry so that
           equipment will not cause permanent damage to potential archeological sites, soil or
           sensitive vegetation. Any or all mechanical operations may be temporarily terminated
           or allowed at the discretion of the District Manager (the COR) until frozen or dry
           conditions prevail on-site.

C. 5.2.3   Ditches - shall not be crossed by any mechanical equipment that will disturb the flow
           of water at any time of the year. The contractor shall access work areas designated
           but the COR. Only the designated access points will be used to enter the site. See the
           map available at the Litchfield Wetland Management District Headquarters.

C. 5.2.4   Road Conditions - The Contractor must use reasonable care when traversing all
           township roads and will be responsible for repairing at its own expense and without
           compensation any damage to the township roads that it or its agents has caused. The
           repairs will be done to the satisfaction of the COR and Township Road Supervisor.

C. 5.2.5   Archeological Survey - Archeological Surveys may or may not have been completed
           for specified area for operations to be conducted in this contract. Thus may or may not
           affect this contract. Nonetheless, areas found by disturbance or subsequently
           identified by other means may or may not affect this contract.

C. 5.2.6   Private and Government Property – This may include corner posts, signs, monuments
           culverts, fences and dikes within or adjacent to the project area(s) shall be protected
           from injury or damage. Contractor shall be responsible for any subsequent damage to
           private or government property resulting from operations conducted by the contractor
           or their employee’s.

C.6        STANDARDS OF PERFORMANCE

C.6.1      Tree Cutting - All unmarked trees 2” diameter at breast height (DBH) and larger,
           standing or downed, will be removed except any red, white or Burr oak of any size.
           Any Reserve trees marked with blue paint are not to be cut or damaged. Trees under
           2” DBH may be removed at the contractor’s discretion. All stumps where trees are
           felled are to be treated with herbicides, designated by the projected leader or their
           inspector.

           Cut trees and woody biomass debris under 2 inches DBH and longer than 12 feet shall
           be bucked to a minimum of 6 feet loped, scattered or piled. Material that has not been
           piled, shall not be more than one foot (12 inches) high off the ground and shall be
           uniformly spread out if not removed (hauled away) from the District. This work shall
           be accomplished without resort to use of fire or any other non-mechanical means.

C.6.2      Landings - Landing areas for chipping or piling trees must be approved in advance by
           the FWS site representative. On a case-by-case basis, the FWS may approve trees to

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        be yarded to a landing and “banked” for later processing. (I.e. skidding trees from
        frozen ground to upland fields for later chipping). However, tree and/or chip banks
        will not be allowed to be stored on FWS lands longer than six months. Note: Storing
        chips in proximity to cured prairie grasses carries inherent risk of wildfire and
        Contractor assumes all responsibility (see Fire Protection, C.5.2.8). Similarly,
        damages by wildfire to wood /chip storage banks caused by either the Contractor or
        other parties will not be the responsibility of the U.S. Government or the U.S. Fish
        and Wildlife Service.

C.6.3   Cut Stump Heights - All stumps must be flat-topped and cut to a maximum of 3
        inches above mineral soil whenever possible.

C.6.4   Removing Chips/Slash - All slash resulting from the tree cutting operations will be
        chipped and removed. Chip piles in landing areas will be removed completely and
        hauled from site. All trails, roads, right-of-ways, fields, openings, fence lines, lakes,
        ponds and ditches must be free of slash and damage. No trees or limbs resulting from
        logging operations shall be left leaning or hanging in other trees.

        Merchantable materials and debris removed from the District shall use pre-defined
        routs and access points. No wheeled or tracked mechanical equipment are to enter
        bogs or wet areas. Main haul routes will be seasonably established and limited to
        existing trails and roads or haul ways designated by the Government Service Liaison
        or the Contracting Officer.

C.6.5   Road/Landing Conditions -No new road construction will be allowed. All local
        government roads will be maintained in their current condition at all times. Any
        damage will be repaired at the contractor’s expense to the satisfaction of the property
        manager and/or local government. Hauling, skidding and forwarding will occur on
        frozen ground or when otherwise approved, in advance by the WMD/Refuge
        Manager. All landing areas, chip pile areas and skid/haul roads must be approved in
        advance by property manager. Contractor’s will be restricted to designated access
        roads, landings and equipment staging areas and will be required to make reparations
        if resource values adjacent to designated operational areas are damaged. All skid/haul
        roads and landings will be smoothed and leveled at the termination of the harvest
        operations.

C.6.6   Protection of Wetlands - Wetland areas will be clearly delineated by Service staff and
        Contractor will not be allowed to enter these sensitive areas with equipment. Topping
        trees or piling debris is not allowed in wetlands.

C.6.7   Invasive Species Control - Prior to entering Fish and Wildlife Service property, all
        equipment will be spray-washed and inspected by the FWS site representative in an
        effort to minimize transmission of invasive plants. Haul tractors and trailers are
        excluded from this requirement.


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C.6.8     Fire Prevention - The Contractor agrees to take reasonable precautions to prevent the
          starting and spreading of fires. Those precautions include, but are not limited to a
          minimum of one fully charged 5 pound or larger ABC fire extinguisher with a flexible
          spout and one fire tool (shovel, rake, etc) shall be carried on each off-road logging
          vehicle.

C.6.8.1   All chainsaws and all non-turbocharged off-road logging equipment used in the
          operation shall be equipped with spark arrestors which have been approved by the
          U.S. Forest Service. Such arrestors may not be altered in any manner or removed and
          shall be properly maintained. (Information on approved arrestors may be obtained
          from the Seller.)

C.6.8.2   If a fire occurs, the Contractor agrees to promptly cooperate in the control and
          suppression of the fire. A fire of any size will immediately be reported to the FWS.

C.6.8.3   The Contractor shall comply with requests regarding fire prevention and suppression
          made by the Seller and take all reasonable precautions to prevent, suppress and report
          wildland fires. Those requests may include ceasing or modifying operations.

C.6.8.4   The Contractor shall be responsible for damage and wildland fire suppression costs,
          as provided under existing Minnesota State statutes, fire laws and regulations caused
          by their operation under this Permit.

C.6.9     Safety - Contractor shall place a warning sign on each roadside/trail entrance to the
          work area.

APPENDIX – Performance Requirements Summary




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Performance             Performance Standard           Desired Quality        Monitoring Method    Disincentives for Not Meeting
Objective                                              Level                  Primarily Employed   the Performance Standards
All trees cut, except   All designated trees down to   100%                   Visual assessment    Reperformance
oak trees in oak        2” dbh
savanna or other
designated reserve
trees
Biomass removed         All contractor-processed       85%                    Visual assessment    Reperformance
from site               woody biomass and existing
                        sound downed wood ≥ 4”
                        diameter and ≥ 20’ long
Residual trees          No damage to residual trees    100%                   Visual assessment    Re-location of skid-trails
undamaged
Chips removed           Remaining chip piles on        100%                   Visual assessment    Reperformance
from landings           landings ≤ 50’ diameter,
                         ≤ 2” depth
Effective safety        Accident free                  98% of the time        By exception         Review of safety program
program                                                property damage free   Unscheduled visits
                                                       100% of the time
                                                       personal injury free
Project completed       Meets completion date of       100% of the time       By exception         Reduced assessment score
as scheduled            contract                                                                   Over 30 days late, disincentive
                                                                                                   of 5% of contract price




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