12363N21Q4027 RFQ_Snowy Plover Habitat- Mech Dune and Veg Removal.pdf

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Snowy Plover Habitat-Mechanical Dune & Veg Removal
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12363N21Q4027
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USDA, Forest Service, Stewardship Branch Snowy Plover Habitat Restoration- Mechanical

Dune & Vegetation Removal Siuslaw National Forest

Blanket Purchase Agreement (BPA) 12363N21Q4027

The objective of this Blanket Purchase Agreement (BPA) is to set up multiple agreements for the Snowy Plover Habitat Restoration on various locations on the Siuslaw NF, Corvallis, OR.

Agreements will be good for a period of 5 years (date of award=5 years). The first BPA Call is expected to start approximately between October and November 2021.

The USDA Forest Service intends to award no more than three (3) Blanket Purchase Agreements (BPAs) from this combined synopsis/solicitation. This work will be performed on various Forest Service locations as indicated below. Resulting Award(s) BPA calls will be issued against any resultant Blanket Purchase Agreements and reference the parent Blanket Purchase Agreement when ordered by warranted contracting personnel. In accordance with the Ordering Procedures Provision herein, BPA calls placed against the Agreements may be competed within the awardee pool or sole source when determined to be in the Governments best interest.

As needed, Snowy Plover habitat-mechanical dune and vegetation restoration will be acquired by placing calls against a BPA. The contractor is responsible for following the Statement of Work (SOW) attached to this solicitation. Each order becomes a binding contract at acceptance of the order by telephone or email or failure to reject the order within two (2) working days after notice.

Quoter’s submitting prices should refer to the Attached Schedule of Items, Specifications, and Requirements. Prices submitted shall remain in effect for one full year from date of award. After the initial year and subsequent years after, offeror’s new competed price quote must be sent to the Contracting Officer for each BPA Call request or original proposed pricing will remain in effect.

Evaluation of Quotes will be based on Best Value factors per the Contracting Officer, such as price, past performance, and availability.

In order for a BPA to be awarded to a Contractor, the Contractor shall be current in the System of Award Management (SAM system) https://www.sam.gov. If you do not have a DUNs number or are not current in SAM, PTAC within your state can help you with registering and/or updating your account. PTAC website https://www.aptac-us.org/find-a-ptac/

PLACING ORDERS AGAINST THE BPA

Orders by a warranted contracting officer within the USDA, Forest Service will be placed against this agreement. Authorized users will place orders and provide information needed to identify work area and requirements to the specific call to the appropriate vendor. U.S. Forest Service authorized personnel and the contractor are required to maintain a log of services.

Payment will be made at BPA call completion or monthly by Electronic Fund Transfer (EFT) after vendor submits invoice in the Invoice Platform Process system (IPP) www.ipp.gov.

The TOTAL ordering capacity for ALL BPAs issued is not limited. However, each BPA shall be valid for up to a period of five years. Each call off the BPA cannot exceed $250,000.

12363N21Q4027 Snowy Plover Habitat Restoration Page 1 of 65 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.aptac-us.org%2Ffind-a-ptac%2F&data=02%7C01%7C%7Cc7c537f8b2e34ff551df08d7c9efd3dc%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637199904197628177&sdata=P%2FBh5FayB0wm01h5N76wziLWbEKLcVlqvYpeOepVAhs%3D&reserved=0 http://www.ipp.gov/

The Government will evaluate all BPA call quote/proposals for price and selection criteria pertinent to that designated work activity. At a minimum, the Government will evaluate on selection criteria addressing relevant past performance, availability, and price.

Evaluation of relevant past performance will be based on each awardee’s original past performance data based on the original base BPA and the information that the awardee will provide to this solicitation. As work proceeds under these BPAs, it is probable that the relevant past performance data provided to this solicitation will be disregarded for current performance reports on BPA calls performed under the Snowy Plover Habitat Solicitation. Some BPA calls will ask for specific selection criteria that are relevant to that particular call only.

The BPA call quote request will include a due date for quote submission, Schedule of Items, applicable Map and a specific Statement of Work (SOW) which includes a detailed description of work to be accomplished, and additional data as appropriate. The BPA call quote request will also include specific instructions for the submission of quotes, the selection criteria factors and other appropriate information prior to the issuance of an OF-347 (signed - by the CO).

Awardees under their Blanket Purchase Agreement will generally be allowed 5-10 working days to prepare and submit BPA call quotes. However, more or less time may be necessary based on the requirements. The due date shall be set forth in each BPA call quote request. If an awardee is unable to perform a requirement, the awardee may “NO QUOTE” the BPA call quote request. All “NO QUOTE” shall include a brief statement as to why the awardee is unable to perform (i.e., Conflict of Interest).

While no mandatory requirement exists for the submission of a quote, firms consistently declining to submit offers for availability reasons may jeopardize their ability to receive future BPA calls.

Each Individual Project BPA Call is separable to the extent that it will be initiated, performed, administered, completed, and closed independently. Individual BPA calls may have separate Contracting Officers and Contracting Officer’s Representatives. The acceptance of a vendor’s quote/proposal by Contracting Officer and any subsequent issuance of a signed BPA call makes said call a binding contract.

The Government reserves the right to award additional BPAs from this solicitation for the duration of the BPA term.

This is a Federal project and Service Contract Act (SCA) wages apply. Please refer to wage determination WD 1977-0079, Rev. 65, dated 7/21/2021. An updated Service Contract Act Wage Determination will be included in each BPA call.

BPA CANCELLATION

This BPA may be cancelled by either party with 30 days written advance notice. BPA cancellation does not release the BPA Contractor from the duty to continue performance on existing calls.

EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases actually made under this BPA by authorized individuals. Funds are obligated when an authorized BPA Call (Order) is placed pursuant to this BPA. Each authorized purchaser is obligated only to the extent of the obligation of the issued BPA order that is actually placed under this BPA.

52.212-2 Commercial Item Evaluation Factors; Best Value

• Price

• Past performance and Technical capability to accomplish the work (Experience

Questionnaire)

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SCHEDULE OF ITEMS

This is for a five-year Blanket Purchase Agreement. No funding is attached until individual BPA Calls are requested. No Calls are guaranteed. Projects will vary on treated acreage and Units each year.

*Unit Price will be a Daily Rate (DR) = DR is based on minimum 8 hours of equipment use, proration to daily rate will be calculated if 8 hours is not provided.

Weekly rate is based on 5 consecutive days minimum (40) hours Optional Transport Fee (TF) = TF is to transport/mobilization rate each time equipment is transported and/or Optional Mileage Rate is cost per loaded mile.

Item No.

Description/Line Item Quantity Unit Daily Rate Price

Weekly Rate

1. Habitat Restoration- Dozer with Operator, Minimum 130hp with blade.

1 DR

1a. Optional Transport - Mobilization/Move-In/Move-Out Per Each Separate Location

1 TF

&/or

MI

2. Habitat Restoration- Excavator with bucket and thumb with Operator, Minimum 140hp

1 DR

2a. Optional Transport - Mobilization/Move-In/Move-Out Per Each Separate Location

1 TF

&/or

MI

3. Habitat Restoration with Misc/Optional Equipment & Operator. (I.E Skid Steer, or Mini excavator exp)

1 DR

3a. Optional Transport - Mobilization/Move-In/Move-Out Per Each Separate Location

1 TF

&/or

MI

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Signature:

Phone:

Email:

Mailing Address:

DUNS #

NOTES:

• Quote on all items to be awarded as a BPA holder.

• All quantities are estimated quantities only and will be used for evaluation purposes. Actual quantities will be provided in each individual BPA order. Actual work ordered will be based on prices submitted and funds available at times of needs.

• Past projects are attached as an example of this type of work.

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BACKGROUND

This project is primarily focused on restoring and maintaining breeding and wintering habitat for the western snowy plover bird. The coastal population of the western snowy plover (Charadrius alexandrinus nivosus) was listed as a threatened species by the U.S. Fish and Wildlife Service in 1993. The western snowy plover spends its entire life on the sandy beaches of Washington, Oregon, California, and the Baja peninsula. The population has increased in Oregon and ranged from 30 to 563 adults since 1993. Of the eight nesting sites in Oregon, five occur on the Siuslaw National Forest and the Oregon Dunes National Recreation Area (ODNRA). From March 15 through September 15 each year western snowy plovers lay their eggs in small depressions on open sand and rely on camouflage for protection. When hatched, the young chicks need access to the shoreline where they feed at the “wrack line”, or the line of kelp, debris and invertebrates left behind by high tide.

The Siuslaw National Forest has developed a Dune Restoration Plan in order to maintain and restore dune habitat throughout the ODNRA, including the foredune where western snowy plover nest, and this contract takes place. The profile of the foredune has changed significantly due to the introduction of European Beachgrass (Ammophila arenaria) in the early 1900’s. European beachgrass was planted to halt the movement of sand across roadways, jetties and other human infrastructure. European beachgrass is a resilient invasive grass which grows readily in open sand. The plants extensive root systems reduce the mobility of sand and growing foredunes along the shoreline over 20 feet in some locations. By growing in thick mats, or ‘hummocks’, European beachgrass has crowded out much of the western snowy plovers’ historical nesting habitat. What available habitat remains is narrower, between these foredunes and the shoreline, making nests more vulnerable to human recreation, predators and ocean over wash.

The goal of this contract is to remove European beachgrass from designated habitat restoration areas (HRAs) with the Western Snowy Plover critical habitat within the Siuslaw National Forest. Work areas may include beach foredunes within the Sutton Recreation Area directly north of the city of Florence, Oregon and beach foredunes within the ODNRA. The main objectives to reach this goal are a) maintain previously treated HRAs and b) remove European beachgrass and lower foredune height of untreated dunes in order to expand existing HRAs or habitat available for plover nesting. In order to achieve this goal, the pursuit of quality habitat is just as significant as the quantity of habitat. Ideal habitat for the western snowy plover is a patchwork of mobile open sand, low growing native plants, some camouflage in the form of shell or small woody debris, and a few hummocks of native beachgrass. An open sand area devoid of any debris may leave them vulnerable to predators and little protection from the strong winds of the coastal Oregon summer. The contractor will work around the present topography and conditions at each designated work site in order to restore work areas to this preferred habitat for the Western Snowy Plover.

DESCRIPTION/STATEMENT OF WORK

The Contractor shall furnish all labor, supervision, transportation, supplies (except those designated as Government-furnished), and incidentals to perform all work specified herein. Provide equipment necessary for controlling and removing European beachgrass and other unwanted vegetation including, but not limited to, Scotch broom and small conifer trees. Work will consist of maintaining existing nesting and over wash areas by scalping and burying beachgrass hummocks as well as lowering the height of previously untreated sections of foredune. Untreated dunes will vary in height from 8-55 feet.

Project objectives include creating, improving or maintaining open sand nesting habitat for the Federally threatened snowy plover within beach sand dune areas on the Central Coast Ranger District/Oregon

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Dunes National Recreation Area (CCRD/ODNRA), Siuslaw National Forest within Lane, Douglas and Coos Counties, Oregon.

PRE-WORK CONFERENCE

Pre-work meeting between the Contractor and the Government may be held prior to beginning work on any task order. The purpose is to discuss specific requirements, and to clarify work performance and work schedule described in the specific call order. The conference will be held at the Headquarters of the Siuslaw National Forest, 3200 SW Jefferson Way, Corvallis, OR 97331, or at the District Ranger Station, unless otherwise stated.

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under the BPA Call as specified on the notice to proceed, (b) execute the work diligently, and (c) complete the entire work as mutually agreed upon. The BPA Call time stated for completion shall include final cleanup of the project sites.

A Progress Work Schedule shall be prepared by the Contractor based on priorities provided in the BPA Call unless superseded by the Contracting Officer in advance of work.

The Contractor shall maintain progress at a rate which will ensure completion within the contract time indicated. If the Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve progress; in addition the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

The Government shall determine the order and time period of the project sites. The Contracting Officer Representative (COR) may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

Weather Conditions It is strongly recommended that the contractor obtain complete marine and coastal weather forecasts daily from reputable sources such as the National Weather Service (NOAA Weather, for example). Contractors should check daily for beach hazard statements and/or surf warnings for the work/travel area prior to accessing the beach. These warnings or alerts are frequently posted during the work period, especially during stormy weather. It is recommended that work be suspended when there are active surf or beach hazard alert for the work and/or travel area. The contractor will be responsible for intimate knowledge of beach driving conditions, pinch points and other hazards that can occur along beach travel routes to the work site. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the contract period. Work sites are exposed, and suspension of work may at times be necessary.

Tides can fluctuate greatly throughout the project period and in some cases range from about -2.0 to over

9.0 feet in one day. High tides may at times, block access to work areas for a portion of the workday.

Strong winds from intense storms can push sea water onto the ocean shore producing storm surge.

Inundation of beaches can cause dangerous working conditions on the ocean beach.

Unsuitable Conditions When environmental or physical conditions become unsuitable or unsafe for work, the Contractor shall (1) move to another area identified by the Contractor and agreed to by the Contracting Officer; and/or (2) take other actions agreed to by the CO to adequately mitigate the unsuitable condition.

When environmental or physical conditions become unsuitable for work (e.g. storm, etc.) for a period of

12363N21Q4027 Snowy Plover Habitat Restoration Page 5 of 65

10 consecutive calendar days or more, and when the Contractor cannot move to another area or take any mitigating measures, the Contractor may request an equitable adjustment in contract time for each day, in excess of 10 calendar days, that the Contractor was unable to perform work due to the unsuitable environmental or physical conditions. The Contractor is eligible to be considered by the CO for this adjustment to contract time when (1) the Contractor makes the request in writing and provides evidence to support the request, (2) the Contracting Officer concurs that the environmental or physical conditions at the site were unsuitable for work for a period of 10 consecutive calendar days or more; and (3) the Contractor was mobilized to the worksite and actively working at the onset of the unsuitable work conditions, unless otherwise approved by the CO. The Contracting Officer reserves the right to deny the request for contract time if the CO determines that the Contractor was not delayed by the unsuitable conditions or circumstances otherwise do not warrant granting the additional time.

When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date.

It is the Contractor's responsibility to keep the CO and COR currently advised as to where the Contractor or Contractor's Representative may be reached by phone and email during periods of work suspension.

HOURS OF OPERATION

All projects under this BPA typically have an operating period between October 1 - March 4. Operational periods outside this timeframe must be mutually agreed upon by the Forest Service and Contractor. Work hours shall be limited to one-half hour before sunrise to one-half hour after sunset each day to avoid vehicle strikes to the snowy plover and for worker safety.

SPECIFICATIONS

PERFORMANCE WORK STATEMENT (PWS) TASK/CRITICAL SUBTASKS

Work may include but is not limited to tasks requested below.

Performance will be evaluated accordingly to the Schedule of Items:

LINE ITEM # 1 – 3 Habitat Restoration

Includes two main categories of tasks:

1) Mechanical Dune & Vegetation Removal

2) Equipment Requirements and Operations

1. MECHANICAL DUNE & VEGETATION REMOVAL- Contractors shall use equipment necessary meeting requirements and operations to remove vegetation such as European beachgrass, scotch broom, small conifers (< 10’ in height). Beachgrass excavation will occur a minimum of 2’ below the dune surface to prevent re-growth. Sand removed will be pushed into untreated upland dune areas directly adjacent to the work area or used to fill in low, scoured out areas within the nesting habitat or foredune area.

Leveling and re-contouring of previously untreated foredunes.

• Untreated foredunes can range from approximately 8-55 feet and are, on average, 15-30 feet tall. Dunes will be re-contoured to approximately 8-30 feet or to the extent possible within the project unit. Foredune work areas are typically a mixture of dense European beachgrass, 12363N21Q4027 Snowy Plover Habitat Restoration Page 6 of 65 open sand and areas of dense woody shrubs including small conifer less than 10 feet in height.

• Within a specified work area the contractor will cut down/lower high dune peaks by redistributing that portion of the dune to fill in low areas within the same work area.

Vegetation and sand from foredune high points will be redistributed/pushed into low areas and covered by additional sand (2-3 feet, where possible) to create a level to slightly rolling dune profile. The finished area should have a level to slightly rolling appearance with very sparse vegetation.

• Work area next to current nesting habitat should be a smooth transition (approximately 50-60 percent slope) between the two area so that the transition area could be navigated by flightless chicks. Along the western face of the foredune the contractor will remove vegetation and moderate the ground slope to construct corridors for chick passage from the foredune to the ocean beach. Corridors will be placed at intervals along the face of the foredune. Naturally occurring low areas should be utilized where possible.

• A smooth transition (approximately 50-60 percent) between the ocean beach and foredune will be constructed. The amount of material to be removed will vary across the project area.

A site visit is highly recommended to gain an understanding of the amount of material to be moved.

• Driftwood encountered within the work area may be relocated to the upper beach or buried on site (see Driftwood, specifications below).

• Spoils/sand must be placed so that they do not travel beyond flagged work area boundary lines. Flagged work area boundaries and associated buffers protect sensitive wetland plant communities (primarily adjacent to the east of work areas) and ocean beach areas (primarily to the west of work areas). All spoils will be deposited within the flagged work area boundary, for example, on uplands on the eastern portion of the foredune or low/scoured areas. Deposited material will be capped with at least 2’-3’ of “clean sand”, where feasible, or unless otherwise directed by the COR or inspector.

• If a hiking trail intersects with the work area a sand berm will be created to form a visual barrier between the nesting area and the hiking trail. See details under maintenance in snowy plover nesting areas below.

Removal of European beachgrass and maintenance in snowy plover nesting areas.

• The contractor shall remove (by burying) dense areas of European beachgrass, designated by the FS, within current snowy plover nesting habitat or HRAs. All material will be redistributed/buried on site within a flagged boundary. The amount of material to be removed will vary between project areas, generally between 2-12 feet of sand dune. Work will include removal/cleanup of miscellaneous hummocks of European beachgrass from specified areas in the interior of nesting areas.

• Much of the nesting area has been covered with oyster shell hash to enhance the plovers ability to camouflage. Care must be exercised by the contractor to minimally disturb shell covered areas as well as avoiding marked native plants or wetlands within the work area. The areas will be clearly marked by the Forest Service. In some cases, if shell is in a scoured low

12363N21Q4027 Snowy Plover Habitat Restoration Page 7 of 65 area, it may be necessary for the contractor to remove shell into a pile, fill the low area and then redistribute the oyster shell.

• Methods for vegetation removal and burial used may include trench digging and capping with clean sand, scalping of top 2-3 feet of vegetation, and filling depressions within treatment area and capping with clean sand. Method used will vary by site topography as well as presence of shell hash, native plants and wetlands. The contractor must work within these boundaries in order to achieve the desired habitat.

• Any trenches or pits constructed by the contractor must be completely filled in within the same workday that they were created. Finished work areas should have a relatively smooth surface with no hills of sand exceeding 1 foot in height or sharp depressions or drop-offs greater than 1 foot elevation change. Overall surface of the dune should be level to slightly rolling.

• Overwash areas within current nesting habitat may need to be maintained through removal of accumulated sand, driftwood and/or vegetation. Sand, driftwood or vegetation removed would be redistributed/buried on site. If an overwash area is damaged due to tides or inclement weather while working on a site, contractor may have to correct damage to restore the contour.

• If a hiking trail intersects with the work area the contractor will need to create a sand berm to create a visual barrier between the nesting area and the hiking trail, potentially on both sides of the trail if dune re-contouring is taking place north and south of the trail. The sand berm should be approximately 7 feet high and extend the length of the intersection of trail and snowy plover habitat area

Driftwood (single log or piles) and other materials (sand, wood, vegetation)

• Driftwood is present on ocean beaches and within foredune areas. Storms can redistribute driftwood along the ocean shore. Some driftwood can create undesirable conditions in snowy plover nesting habitat. Driftwood provides cover for deer mice that prey on snowy plover eggs. It can also create perches for raptors that may prey on plover nests, chicks and adults. Large accumulations of driftwood can create a physical barrier to plover broods trying to access the ocean beach. The project attempts to mitigate adverse circumstances for snowy plover although due to the quantity of driftwood along the ocean shore, it cannot, nor should it be, eliminated entirely. Large pieces of driftwood and rootwads that may be creating adverse conditions for plovers present will be disbursed within the work site, buried on site or dispersed on the upper beach.

• If driftwood is blocking overwash areas, contractor will remove it to restore the overwash area. Driftwood may be moved to the ocean beach but must remain directly adjacent to the foredune and should be placed perpendicular to the ocean unless the piece is long enough to prevent or create a safety hazard to vehicles driving to and from the work site. Most driftwood logs and root wads on the ocean beach should be left undisturbed.

• If a particular piece of driftwood is blocking access to a work site or may become an obstacle/safety hazard/prevent driving on the upper beach in the event of high tides, a contractor may, while moving equipment to the work site, move the driftwood higher on the beach or reposition it, for example turn a log so that it is parallel to the ocean instead of

12363N21Q4027 Snowy Plover Habitat Restoration Page 8 of 65 perpendicular, in order to provide safer accessibility to a site by work vehicles. Moving logs or root wads should be done with very little disturbance/tracking or gouging of the beach surface. Driftwood must be placed so that it is in full contact with the ground surface, so it does not create a safety hazard to the public. Whenever possible orient limbs or long roots parallel with the ground to avoid creating unnecessary raptor perches.

• Driftwood logs may not be pushed into the ocean surf.

Maintenance/Improvement of sand trails and beach accesses routes

• Shifting sands due to winds and water table fluctuations throughout the year result in the need for minor maintenance of beach access routes. In addition, winter storms can occasionally scour the face of the foredune creating a vertical drop-off to the beach, typically from 1-8 feet in height. Slight maintenance to an existing drainage dip may be needed at one location, dependent on winter rains.

• Maintenance and or storm damage repair to utilized roads for beach access and work sites may be included and designated by the BPA Call. Sand trails that provide access to the beach, primarily the foredune portion should be repaired/maintained so as to be easily traversed by a standard 4-wheel drive pickup truck. Typically, this involves moving sand drifts and moderating the slope of the portion of the road traversing the foredune. The width of the road should be maintained so as to last for the duration of the project.

2. EQUIPMENT REQUIREMENTS AND OPERATIONS

Equipment Requirements

Suitable equipment size and horsepower to perform the service requesting with an experienced operator.

The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel and equipment during work at the project site.

Equipment shall be free of fluid leaks and in good operating condition. All equipment must be clean and free of soil, seeds, vegetative matter or debris that contain or hold seeds prior to accessing work sites. (No separate payment will be made for cleaning or repairs.)

Pre- and post-inspections of equipment will be conducted by the COR or designated Inspector.

Additional inspection of equipment may be conducted on a regularly scheduled basis as the project progresses.

Any equipment found not in compliance with the contract specifications, to include leakage of petroleum products, will be corrected by the Contractor at no additional expense to the Government and may be grounds of an immediate shutdown of operations until corrected.

Operations The Government shall determine the order and time period of the project sites to be worked as listed on each BPA Call.

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a. The Contractor must satisfy all applicable OSHA and DOT requirements or certifications for the operation of the offered equipment and always perform in a safe manner.

b. Any holes/trenches excavated in sand dunes as a result of the project must be filled by the end of the workday and not left overnight to ensure public safety.

c. The Contractor shall generally operate equipment adjacent to streams and estuary areas with proper permits. All operations of the Contractor shall be conducted so as to minimize damages to soil, stream courses, and estuarine areas within the project area.

d. Any maintenance work and refueling of equipment shall be done at least 150 feet from stream channels or estuarine areas. Equipment shall be reasonably clean of dirt and grease prior to entering the streambed. Should any fuel or oil leakage occur while working within 150 feet of streams or estuarine areas, immediately remove the equipment from the area. All activities will be stopped until cleanup is completed, and the machinery can be operated in a safe and functionally clean manner. The Contractor will be responsible for any costs incurred during the cleanup operation.

e. The Contractor shall provide skilled operators experienced to properly perform the work assigned and for which the equipment is being ordered in a manner that is safe. If during prosecution of the work the COR determines through observation and or discussion that an operator is inexperienced in the work and/or is unable to safely maintain a reasonable rate of production, the operator will be rejected. If the operator is removed the Contractor will be notified in writing to furnish a replacement operator immediately within 24 hours.

f. The Government assumes no responsibility for damage to equipment due to work which is within the scope of this contract. If the Contractor believes that a particular order from the Government is unsafe, the Contractor shall immediately notify the Contracting Officers in writing. If the Contractor believes that a particular order is outside the scope of the contract, the Contractor shall notify the Contracting Officer in writing prior to following the order.

g. The Contractor shall be responsible for all repairs, maintenance, and operating supplies required in the use of the equipment. Should the need for repairs develop, such repairs shall be accomplished within two (2) calendar days or the equipment shall be replaced with an appropriate piece of equipment at no additional cost to the Government. Should the cumulative breakdown time constitute 50% of the contract time, the Contractor shall replace the equipment at no additional cost to the Government.

h. All off-road equipment shall be cleaned prior to leaving the work area or going to another project. No separate payment will be made. Cleaning will be with compressed air, high pressure water, or other specified method to assure equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The use of solvents, detergents, etc. to clean equipment on National Forest Lands if prohibited. Cleaning will take place in areas specified by the Forest Service. Either on site or at a facility with a catch basin. Run-off will not be allowed to enter streams and soil contaminated with invasive plants and seedpods will be disposed of by the Contractor off National Forest land. The Contractor will be responsible for any costs incurred during the cleanup.

12363N21Q4027 Snowy Plover Habitat Restoration Page 10 of 65

i. Service and refueling areas will be designated by the COR or The Inspector. Dumping of any waste material at any time, including any waste generated by the Contractor during commission of work under this BPA, on Federal Lands is a violation of Federal Law (43 CFR 8365.1-1(b)(1) and (4)). All fuel, oil and fluid containers shall be removed from the project site and disposed of in a legal manner.

Mobilization- All Equipment Transport shall be point of hire to job site requested until project is completed. Each additional work site will pay transportation fees to relocate only if loaded on transport/hauler. Contractor is responsible for mobilization of personnel, equipment, supplies and incidentals to and from the project site.

If the Contractor withdraws any equipment from the job site before completing all work required under the contract, no move-out will be paid, unless the failure to complete the work is excusable under the clause entitled "Default (Fixed-Price Supply and Service)" (FAR 52.249-8). No move-in will be paid for replacement equipment or move-out for the replaced equipment. Move-out shall not be paid for equipment which cannot be repaired or replaced. Payment for move-in shall not be paid for equipment which is rejected for failure to meet initial inspection.

DEFINITIONS

Clean Sand – Sand that is free of European beachgrass roots

Deflation Plain – Area east of the foredune which has been scoured down to wet sand. This area holds standing water during portions of the year.

Drainage Dip – A dip in the vehicle route which intercepts surface runoff and diverts the water off the vehicle route.

Foredune – Large, continuous, stabilized sand ridge above the beach high tide line. The foredune is formed from sand that accumulates in beachgrass.

HRA – Habitat Restoration Areas. These are area that snowy plover currently use for nesting. Typically they include areas of high and moderate quality habitat.

Overwash – Where the foredune has been cut down low enough to allow ocean water to wash over and into the deflation plain. These areas connect the inland foredune to the ocean beach.

Travel Corridors - Travel corridors are breaks in foredune vegetation that provide plover adults and chicks access to the ocean beach.

Contractor Communications Requirement Regular communications between contractor and COR and Inspectors will be crucial for the success of this project. The frequency of this communication must be conducted at a minimum of three times a week for contractors to provide updates and for the COR and/or Inspectors to provide guidance regarding proceeding direction and completion. Some portions of this project may require more frequent communication.

CONTRACTOR-FURNISHED CRITICAL ITEMS/ SERVICES

1. All Equipment. See equipment requirements.

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2. All fuels, lubricants, parts, labor and maintenance included in price.

3. All transportation (haul in/haul out) of all equipment

4. Spill Containment Kit

5. Permit- State law requires a permit to operate power driven machinery on the ocean beach. A permit must be obtained from Oregon Parks and Recreation Department prior to operation of power-driven machinery on the beach.

PROJECT LOCATIONS AND ACCESSIBILITY

Work sites are located on the Siuslaw National Forest/Oregon Dunes National Recreation Area in Lane, Douglas and Coos Counties, Oregon. Operations shall be confined to lands within the boundaries of the Siuslaw National Forest’s Sutton Recreation Area (Baker and Sutton Beach) and Oregon Dunes NRA specifically beach areas between Siltcoos Estuary and Tahkenitch Creek, and North and South of Tenmile Creek (Coos County) snowy plover nesting sites (See Maps). Maps using aerial photos of the project areas are provided by the government.

Project areas below include total acreage, but NOT ALL acreage is maintained. Maintained acreage and location varies each year. Drive times are approximate.

At times it may be determined by the Contracting Officer that the original areas or portions thereof are unsuitable or unavailable for performance of the specified work. The Contracting Officer reserves the right to delete areas or substitute, at the contract price, the same type and amount of work in other areas similar in topography and conditions in one of the other units listed below.

Unit A. Sutton /Baker Beach (276 acres) Work area is located on the Central Coast Ranger District/ODNRA, Siuslaw National Forest in T17S, R12W, Section 28, Willamette Meridian, in Lane County, Oregon. This work site is approximately 6 miles north of the city of Florence, Oregon. The work site can be accesses via Baker Beach Road off of Highway 101. At the end of Baker Beach Road continue through the gate and travel 0.5 miles to the beach. The work area is south on the beach approximately 1.8 miles. Approximate one-way travel time for service vehicles between the gate and work area is 13 minutes.

Unit B. Siltcoos Estuary (116 acres) The work area is located on Central Coast Ranger District/ODNRA, Siuslaw National Forest in T19S, R12W, Section 32, Willamette Meridian, in Lane County, Oregon. The project site is approximately 7 miles south of Florence, Oregon. The south spit of the Siltcoos River can be accessed via the gated Waxmyrtle road. Travel approximately 1 mile to the beach and then .02 miles north to the south Siltcoos sand spit. Daily one-way travel time is approximately 7 minutes.

North Siltcoos spit can be accessed by taking the OHV sand road from Siltcoos beach parking lot north approximately 1 mile then turn left over the foredune to the beach at entrance 109A. Then drive about 1 mile south on the beach to the north spit of the Siltcoos river.

Unit C. Dunes Day Use/ Overlook- Tahkenitch (383 acres) Dunes Day Use/Overlook is located on the Central Coast Ranger District/ODNRA, Siuslaw National Forest in T20S; R12W; Section 17, Willamette Meridian, in Douglas County, Oregon. Access to the project site is via the Waxmyrtle Road as stated above, then 2.5 miles south on the beach. Tahkenitch Creek work area is located on the Central Coast Ranger District-ODNRA, Siuslaw National Forest in T20S, R12W, Section 30, Willamette Meridian, in Douglas County, Oregon. Access to this area is via the same route described for the Dunes Overlook and Siltcoos work areas. The Tahkenitch work area is

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1.5 miles south of the southern end of the Dunes Overlook work area. Daily one-way travel time to this site is approximately 25 minutes.

For work between Siltcoos Estuary and Tahkenitch Creek equipment will be mobilized to work sites using the Well Road located on Highway 101 at milepost 200.3 Travel west on Well Road about 1 mile to its end at the beach. Well Road ends within the Overlook work area. Siltcoos south spit is approximately

1.8 miles to the north and Tahkenitch north spit is approximately 2.6 miles to the south. Service vehicles may access sites through Waxmyrtle Road or Well Road.

Unit D. North & South Tenmile Creek (223 acres) Access to these sites are described below. There are no alternate accesses to these work areas.

North Tenmile is located on the Central Coast Ranger District/ODNRA, Siuslaw National Forest in T23S;

R13W; Section 22, Willamette Meridian, Coos County, Oregon. The project site is approximately 12 miles south of Reedsport, Oregon Access to this site is at Winchester Bay then west on Salmon Harbor Drive to second beach parking lot and approximately 5.5 miles south on the beach. This site is not accessible during many high tide or high surf winter storm events. Daily one-way travel time from the gate to the work site is approximately 20 minutes.

South Tenmile is located on the Central Coast Ranger District/ODNRA, Siuslaw National Forest in T23S;

R13W; Section 22, Willamette Meridian, Coos County, Oregon. The project site is approximately 12 miles south of Reedsport, Oregon. Access to the project site is via Spinreel ATV staging parking lot (near milepost 224 on Hwy. 101) and Tenmile Sand Road. Then southwest 2 miles to the access trail. This site can also be accessed by a sand road that extends north from the Tenmile sand road therefore beach driving is not necessary to access this work site. Daily one-way travel time from Spinreel ATV staging area to the work site is approximately 25 minutes.

ACCESSIBILITY

• Beaches adjacent to work areas are CLOSED TO MOTOR VEHICLES year-round. Work areas are closed to hiking and all entry to dry sand between March 15 and September 15 due to bird nesting therefore the pre-bid tour will be the ONLY opportunity to visit these areas.

• A 4X4 or similar vehicle is required to access sand roads and work sites. At times access points can be washed out by high tides resulting in walking by foot to reach equipment.

• All sand access roads used for this project are also used by pedestrians and horses. Extreme caution should be used whenever traveling on these routes to avoid injury to pedestrians, horses and their riders, and threatened species. Vehicles need to drive with headlights on at all times.

Vehicle speed on sand access routes should be limited to less than 10 mph. The state of Oregon limits vehicle speed on non-motorized beaches to 10 mph. Gates should be shut and locked at all times.

• Should a vehicle become stuck in the sand the operator has full responsibility for extricating the vehicle and repairing any and all damage to the vehicle and the natural resources affected.

• To prevent damage to sand access roads and excessive rutting on the beach all vehicles accessing work areas will be required to air down to < 25 psi of tire air pressure.

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• To comply with Oregon State law all service vehicles accessing the project area must have a red or orange 8”x12” flag capable of being displayed 9 feet above ground level.

• Vehicle access to some work areas may be restricted at times by high water, high tides, storm events and NOAA surf warnings. Contractors should consult a local tide table and plan work accordingly.

• Staging areas for vehicles (parking lots or roadside pull-outs) are typically paved or graveled and accessible by paved roads). Once you leave those areas dunes and beaches are accessible by using a standard four-wheel drive during normal operating seasons, unless otherwise indicated.

Vehicles shall not operate off system roads without prior written approval of the Contracting Officer

• Inaccessibility due to snow, fallen trees, slides or washouts on roads will not be corrected by the

Government. If road access is blocked, the Government may: (1) provide an alternate access route, (2) delete the inaccessible project area(s), or (3) substitute similar project area(s).

• Roads shown on unit maps indicate access to units and are not to suggest the roads are open within the project area or for any further travel. No vehicle shall by-pass any officially blocked road (barrier, locked gates, posted signs, rocks/log/dirt, etc.) without approval of the Contracting Officer.

KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Name of Project Foreman/Superintendent: _________________________________ Name of Equipment Operator: ___________________________________________

b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SUPERINTENDENCE BY THE CONTRACTOR

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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The Contracting Officer designates the Contracting Officer's Representative (COR). The Contracting Officer Representative for each BPA Call will be designated at that time. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

MATERIALS AND WORKMANSHIP

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

STORAGE OF MATERIALS AND EQUIPMENT

Materials shall be stored to assure the preservation of their quality and fitness for work. Pre-approved portions of the right-of-way or other areas on Government land may be used for storage purposes or staging sites. All storage & staging sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense. The Contractor shall be responsible for equipment if it should be lost, stolen, or damaged.

CONTRACTOR QUALITY CONTROL

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met. Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final payment is made under this contract.

The Contractor shall provide a Quality Control Plan (QCP). The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract, to include Inspection. The QCP shall specify items such as:

- How quality will be monitored to ensure performance standards are met.

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- How the work will be supervised.

- How results of the monitoring will result in quality performance.

- Identify the personnel responsible for performing quality control.

WORK PLAN AND SCHEDULE

The Contractor shall submit for approval a work plan with schedule for each project call order that demonstrates how each project order will be completed within the contract time identified.

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