Region_3_aerial_mulch_seeding_SOW_02052017_(002).pdf

11/21/2017

Aerial Mulching &/or Aerial Seeding

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

A. Purpose

This contract is for aerial mulching and or aerial seeding services to be provided on National

Forest System ((NFS) lands within Region 3 of the US Forest Service, which includes national forests in Arizona and New Mexico as well as national grasslands in northeastern New Mexico, western Oklahoma, and the Texas panhandle.

B. Scope of Contract

Forest Service management of public lands includes both emergency and non-emergency land treatments to protect watershed values and land uses. The land treatments that are part of this contract are aerial applications of agricultural or wood mulch. Application of mulch has been found to be effective at reducing erosion and runoff on burned areas and other disturbed areas

(e.g., construction sites) where a protective surface cover can lessen recovery time. Mulch applications are commonly used for Burned Area Emergency Response (BAER) after a major fire and for non-emergency land treatments such as watershed improvement, road maintenance, and habitat improvement. The land treatments could also include the application of seed with or without mulch. The success of emergency response, rehabilitation, and restoration of watersheds relies on the ability to mobilize and implement expeditiously.

The intent of this solicitation and any resultant contract(s) is to obtain the services described herein to meet objectives of protecting, rehabilitating, or restoring watersheds and other land resources. Requirements for the solicitation include:

1. All services procured shall be accomplished in a safe, effective, environmentally aware manner, and in accordance with all Federal, State, and local laws and regulations. All work will be done in compliance with contract terms, specifications, and provisions that are established in this contract or at time of work order.

2. The Contractor shall develop and maintain measures necessary to assure safety of ground and flight operations as required. The development and maintenance of safety measures are a material part of the performance of the contract. Safety measures should address but are not limited to (a) Personnel Activities, (b) Equipment Operation and Maintenance, (c)

Safety Programs, and (d) Compliance with Regulations. When, in the sole judgment of the Contracting Officer (CO) or his representative, implemented measures do not adequately promote the safety of operations, the Forest Service may suspend operations until the unsafe activity is corrected or may terminate the contract for default.

3. Contract personnel shall conduct themselves in a professional and cooperative manner in fulfilling this Contract

C. Equipment Requirements

1. Aircraft Operation – The Contractor shall comply with all applicable Federal, State, and local regulations and directives pertaining to safety, maintenance, and performance of all aircraft proposed for use under this contract. Additionally, aircraft shall be maintained in accordance with all manufacturer’s guidelines and bulletins.

2. Condition of Equipment – Contractor-furnished aircraft and equipment shall be operable, free of damage, and in good repair. Equipment shall be free of weed seed and dirt.

Aircraft systems and components shall be free of leaks except within limitations specified by the manufacturer.

D. Contractor’s Environmental Responsibilities

1. The Contractor is responsible for ensuring that all maintenance, fueling, and flight activities do not cause environmental damage to property or facilities.

2. The Contractor shall be responsible for all cleanups of fuel, and oil on airport ramps, staging areas, parking areas, landing areas, etc., when caused by Contractor aircraft or personnel. When cleaning paved areas, the Contractor shall utilize cleaning agents that are biodegradable and non-toxic. Contaminated soils shall be removed, placed in appropriate containers, and disposed of as hazardous waste.

3. The Forest Service may, at its option, assign an area to be utilized by the Contractor for storage of equipment used in support of Contract performance. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with applicable safety, health, and environmental regulations or concerns.

4. The Contractor shall ensure that he or she is in compliance with 40 CFR Part 112: Oil

Pollution Prevention; Spill Prevention, Control, and Countermeasure Plan Requirements

(SPCC). An SPCC plan is required for each mobile fueling operation used during this contract regardless of container (tank) size.

E. Location and Description

Contracted work will occur only on NFS lands (national forests and national grasslands) in the

States of Arizona and New Mexico and national grasslands in western Oklahoma and the Texas panhandle that are administered by Region 3 of the Forest Service.

Work under this contract is for applications of agricultural straw mulch or wood mulch for emergency response, rehabilitation, and restoration projects on NFS lands. The Contractor shall provide but not be limited to all equipment, supplies, transportation, labor, and supervision necessary to complete the project, except for that which the contract clearly states is to be furnished by the Forest Service.

Work under this contract may include applications of mulch on contiguous land areas that range from tens to thousands of acres in size depending on project needs. Most work will occur during the months of April-August, although the work may occur at any time during the year.

Mulching Projects: Mulch (agricultural straw and/or wood) will be applied by aerial equipment and labor to the ground as a continuous cover of uniform thickness that can (1) replace ground cover, (2) maintain soil moisture, and (3) accelerate recovery of native vegetation. The

Contractor is responsible for (1) furnishing mulch material which will be agricultural straw or wood mulch as specified by individual project objectives, (2) finding staging areas, and (3) providing labor, equipment, supervision, transportation, operating supplies, clean-up, rehabilitation, and incidentals to complete all facets of the contract. Special precautions will be taken to minimize the spread of any mulch material that has seed or propagules of noxious weeds or other weeds prohibited by the national forest or grassland where the mulch is to be applied.

Seeding Projects:

Work under this contract is for the furnishing and application of seed on contiguous land areas that range from tens to thousands of acres in size depending on project needs. Most work will occur during the months of April-August, which is the typical fire season for the Southwest

Region, although the work may occur during any time of the year.

If specified by a project task order, the Contractor is responsible for (1) finding staging areas and

(2) providing labor, equipment, supervision, transportation, operating supplies, clean-up, rehabilitation, application, seed storage at staging area and protection of seed for each project, and incidentals necessary to complete all facets of the work order for seeding. When advantageous to the Forest Service, the Contractor may also be responsible for furnishing seed material to reduce overall cost and time for implementation. Precautions will be made to minimize the spread of seed or propagules of noxious weeds and other invasive species, away from staging areas.

F. Site Visit

No specific site visit is planned for this contract. Site visits may or may not be planned for individual task order requirements.

G. Technical Specifications

Agricultural wheat straw, barley straw and/or wood mulch will be applied by aerial applications

(and spread by hand crews as necessary) in a uniform cover in the designated areas.

MULCHING-Supply of Certified Weed-Free Agricultural Mulch (Begin Specs for

Mulching)

Agricultural straw mulch and methods of application that have previously been demonstrated to be effective in distribution during application and erosion control will be utilized. All agricultural straw provided must have been grown during the current growing season or during the previous growing season. The straw must be dry (less than 12 percent moisture on an air-dry basis) to ensure proper dispersal during applications. Straw shaft length will not exceed 12 inches.

Suitable agricultural straw includes certified wheat or barley straw. Agricultural straw must be certified to be free of noxious weeds through a State certification program, which must adhere to standards of the North American Invasive Species Management Association (NAISMA). The straw must be free of noxious weeds listed by the States of origin and destination as well as weeds listed in the North American Noxious Weed List, which is part of the standards of

NAISMA’s North American Weed Free Program.

In addition to being free of noxious weeds, straw must also be free of common weeds, particularly specific weeds prohibited by a national forest or grassland. The Forest Service reserves the right to reject straw containing seed from weed species such as cheatgrass, Japanese brome, Russian thistle, yellow bluestem (Bothriochloa ischaemum), or Caucasian bluestem

(Bothriochloa bladhii) that may not be on a State’s noxious weed list but could be established when the straw mulch is applied. This includes weedy species prohibited for introduction or spread as identified in Forest Plans, NEPA decisions, or weed management plans of the National

Forest or National Grassland in which mulch application will occur.

At its discretion, the Forest Service may specify limits on invasive or common weed seed or plant material within the straw mulch. The limits will be provided to the Contractor within a task order prior to Contractor acceptance of the terms of the individual project. If a suitable source of mulch material cannot be found to meet the time frames and limitations of costs, the Forest

Service may cancel the order.

Straw mulching application: The rate of application is determined by qualified individuals for each project. The wheat or barley straw mulch will be applied at uniform soil cover to the specifications of each treatment unit. This will vary from 80-90% soil surface cover over a minimum of 90% of each treatment unit. Each treatment unit will be identified with minimum straw mulch soil surface cover requirements in task orders. Percent of each unit to be mulched with a minimum surface cover may or may not be identified in the task order. If the percent of a treatment unit to be mulched is not identified in a task order, then it will be assumed that 100% of a treatment unit is to receive the minimum mulch cover and task order bids will be made on

100% of a treatment unit.

The Contractor will be responsible for any unused wheat or barley straw mulch material once contract specifications have been attained. In order to utilize any unused mulch material, the

Forest Service has the discretion to allow the Contractor to apply the unused mulch materials to treatment units that have met contract specifications thereby increasing percent ground cover above minimum requirements. The Forest Service may also allow the Contractor to apply any unused mulch materials to adjacent burned areas. The Forest Service is under no obligation to pay the Contractor for any application or removal of unused mulch material after contract specifications have been met. The Contractor is under no obligation to apply or use any unused mulch material beyond contract specifications but is responsible for removal of unused mulch materials.

Special ground support, equipment, and documentation requirements:

1. Staging area tasks include delivery, unloading, neatly stacking, and loading straw in nets for aerial distribution or into ground-based equipment for ground distribution. Weather conditions may require covering mulch material to within 2 feet of the ground on all sides by using canvas tarps or plastic covers to keep the wheat or barley straw dry. Staging areas on lands that are not administered by the Forest Service may have other requirements.

2. To signify certification, individual bales will be appropriately identified with purple-and-yellow twine, galvanized wire, or certification tags. If colored twine or galvanized wire is used to mark bales, at least one strand must be wrapped around each bale. For each truckload of wheat or barley straw mulch material transported across a State line, the

Contractor will submit an original or copy of the “Certificate of Transit” for field(s) that produced the straw mulch material. A certifying agency can issue a transit certificate if one hasn’t been previously issued. In situations where a transit certificate is unavailable

(as possibly happens with intrastate shipments), the Contractor must obtain a “Certificate of Inspection” from the straw producer or certifying agency. Such certificates will be fully completed to include the names of the straw producer and the inspector(s), the inspection certificate number, and the origin and quantity of straw certified in number of bales and estimated weight. Bale twine, wire, or tags that do not correspond with an applicable Transit or Inspection Certificate will be rejected.

3. In addition to providing the documentation proving compliance with the NAISMA criteria described above, the Contractor will provide the location(s) for the stacks or lots where the mulch material to be used is currently stored. Forest Service personnel will go to the storage sites to verify that bale tags, colored twine, or galvanized wire match the associated Certificates of Transit or Inspection and to collect samples for testing when necessary.

4. At the end of each operational period, or prior to the morning briefing, all documentation will be submitted to the COR or representative for review. No work will commence that day without documentation submitted.

5. Apply methods of application that have previously demonstrated effectiveness in both distribution of mulch during application and erosion control capabilities.

Optional: Forest Service procedure for acceptance of non-certified straw mulch material:

In situations where a sufficient supply of certified straw is unavailable for mulch, uncertified straw may be used after thorough inspection and testing for noxious or other types of weeds.

Testing of uncertified straw is particularly necessary due to the possible presence of jointed goatgrass, brome grasses, Russian thistle, or other weeds commonly found in grain-producing fields. Inspection and testing should be arranged by the Contractor and/or Forest Service prior to loading and shipment. Should testing of uncertified straw be required when a sufficient supply of certified straw is unavailable, the testing of the straw shall generally be the responsibility of the

Contractor unless the Forest Service, at its discretion, assumes this responsibility.

Uncertified straw used for project mulching must be analyzed by a seed lab that follows standards of the Association of Official Seed Analysts (AOSA). The seed lab must be capable of testing bulky samples such as straw mulch. This should be determined beforehand since not all seed labs may be capable of processing and testing bulky samples. The Contractor or CO must consult the seed lab on appropriate procedures necessary for testing of samples and the time required for analysis. Ten bales (typically large round or rectangular, approx. 4-6 ft. width) out of every 30 bales in a stack or lot must be randomly selected for sampling prior to loading and shipping. For stacks or lots with fewer than 30 bales, the sampling percentage should still be

33% of the total number of bales. A coring instrument or hay knife should be used to obtain subsurface samples of equal size by coring or thrusting into the bale. When Forest Service personnel are unavailable to pull samples, the Contractor must use an independent third-party contractor who is responsible for pulling straw samples from bales and then sending the samples to the seed lab in accordance with standard chain-of-custody procedures. Individual samples obtained from bales in the 30-bale lot (or smaller lots) should be (1) thoroughly mixed in a 5-gal.

bucket into a composite sample, (2) divided down to an amount (usually 2 lb.) required by the seed lab, and (3) put into a securely sealed container (paper bag, cloth bag, etc.) for shipment to the seed lab.

Uncertified straw samples sent to a seed lab must be tested for presence of weeds according to

(1) noxious weed lists of the States of origin and destination and (2) noxious weed listings for all

50 States found in USDA’s State Noxious – Weed Seed Requirements Recognized in the

Administration of the Federal Seed Act. The Contractor must inform the seed lab of all States whose noxious weed lists should be considered during the analyses. The straw should also be tested for cheatgrass, Japanese brome, Russian thistle, yellow bluestem, Caucasian bluestem or any other common weed species that is not on a particular noxious weed list but may be prohibited by the forest.

Prior to final purchase of uncertified straw, the purchase must be approved by the Forest Service.

No agricultural wheat or barley straw mulch material will be accepted until test results have been accounted for by the Forest Service. All mulch from any 30-bale lot (or smaller lot if less than 30 bales) at the point source for the straw will be rejected if the respective sample tests positive for noxious or forest-prohibited weed species. In addition, Forest Service personnel may conduct an inspection of each incoming truckload for presence of weeds in bales and reject any truckload with these weeds present. The Forest Service reserves the right to conduct testing of straw mulch for seed from noxious, prohibited, restricted, or forest-prohibited weeds prior to application.

Supply of Wood Mulch and Wood Mulch Treatment

Wood mulch for erosion control is an all wood, long-strand material comprised of loose wood pieces. The length to width ratio shall be such as to cover exposed soil at a surface as outlined by contract specifications. The length of wood mulch shall be 2-8 inches, and the diameter shall be

1 inch or less. No more than 2% by volume of the wood mulch shall be less than 2 inches and/or greater than 1 inch in diameter. All wood mulch must be free of any additives to preserve product. All wood mulch must also be free of noxious weeds or common weeds as identified and required for the area in which to be treated.

Source of Wood Mulch: It is desirable that wood mulch used for rehabilitation is appropriate for project sites on NFS lands. Therefore, preference will be given to weed-free wood mulch collected locally or at least in the same ecophysiological region as the intended site of application.

Inspection Standards: Wood mulch obtained outside the area of application must follow standards of the North American Invasive Species Management Association (NAISMA)

(http://www.naisma.org/weed-free-forage). The mulch must be free of noxious weeds listed by the States of origin and destination for the wood mulch as well as weeds listed in the North

American Noxious Weed List, which is part of NAISMA’s North American Weed Free Forage

Certification Standards. An onsite inspection must be conducted at the site of origin for the wood mulch by either the Contractor or Forest Service personnel. Therefore, one of the following two options for inspection must be chosen for the project:

Option 1 – The Contractor is responsible for onsite inspection of mulch materials for invasive weeds according to a specific weed list provided by the Forest Service and State/NAISMA noxious weed lists. Contractor-provided expertise and methods to establish weed-free status must be appropriate for weeds of concern in the local area.

Option 2 – The Forest Service is responsible for approval of wood mulch sources based on inspection of proposed sources by a Forest Service invasive species coordinator or other qualified specialist to determine weed-free status based upon a reasonable and prudent visual inspection.

Wood Mulch Application: The rate of application is determined by qualified individuals for each project. The wood mulch will be applied at uniform soil cover to the specifications of each treatment unit. This will vary from 30-60% soil surface cover over a minimum of 60% for each treatment unit. Each treatment unit will be identified through task orders as to minimal requirements for coverage of soil surfaces by wood mulch. Percent of each unit to be mulched with minimum surface cover may or may not be identified in the task order. If the percent of a treatment unit to be mulched is not identified in a task order, then it will be assumed 100% of a treatment unit is to receive the minimum mulch cover and task order bids will be made on 100% of a treatment unit.

http://www.naisma.org/weed-free-forage

Special ground support, equipment and documentation needs:

1. Staging area tasks include delivery, unloading, neatly stacking/piling, and loading mulch in nets for aerial distribution. Weather conditions may require covering the mulch material on all sides using canvas tarps or plastic covers to keep the mulch dry. Staging areas on lands that are not administered by the Forest Service may have other requirements.

2. At the end of each operational period or prior to the morning briefing, all documentation will be submitted to the COR or representative for review.

The Contractor will be responsible for any unused wood mulch material once contract specifications have been attained. In order to utilize any unused wood mulch material, the Forest

Service has the discretion to allow the Contractor to apply unused mulch materials to treatment units that have met contract specifications thereby increasing percent ground cover above minimum requirements. The Forest Service may also allow the Contractor to apply any unused mulch materials to adjacent burned areas. The Forest Service is under no obligation to pay the

Contractor for any application or removal of unused mulch material after contract specifications have been met. The Contractor is under no obligation to apply or use any unused mulch material beyond contract specifications but is responsible for removal of unused mulch materials.

Storage: Storage of wood mulch on NFS lands will be limited to sites that are not infested by noxious or other invasive weeds. Mulch stockpiles must be visually inspected for weeds on a random basis.

Acceptance: Prior to final purchase of the selected wood mulch, the purchase must be approved by the Forest Service. For projects involving a contract, the Contractor will provide written documentation of (1) the Contractor’s expertise in assessing weed-free status for mulch and (2) methods used to determine the weed-free status of any and all materials furnished by a

Contractor. Written approval of the specific source will be provided to the Contractor. The Forest

Service reserves the right to reject wood mulch that has not been inspected or otherwise not proven to be free of invasive weed seed or plant parts. If weed species are present in the proposed source, appropriate mitigation measures may allow conditional use of the source as required by the COR.

Treatment Locations and Staging Areas

The areas to be included as treatment units may be within Forest Service-administered lands in the States of AZ, NM, OK, and TX. Most areas will be in mountainous terrain with elevations ranging from 3,000 to 11,000 ft. Aerial applications of mulch will generally be conducted in areas that are not accessible by ground equipment or in areas where it is more efficient to use aerial applications due to amounts of material to apply and large sizes of treatment units.

Treatment units will be identified in each task order.

Staging and landing areas will be the responsibility of the Contractor. The Forest Service has not identified potential staging areas on NFS lands for storage/net loading or aviation service landings and makes no representation as to the actual or practical use of potential staging or landing areas on NFS lands in or near the burned area. If the Forest Service determines that there are no reasonable staging or landing areas on NFS land, it will be the responsibility of the

Contractor to gain access to a location off of NFS-administered lands for staging and landing zones. Final decisions on the use of any staging areas on NFS lands will be agreed upon by the

Contractor, the CO, local officials (such as the District Ranger, or acting), and BAER

Implementation Team Leader.

For staging areas located on lands other than NFS administered lands, the Contractor will be responsible for all use arrangements, rental agreements, liability to property, and transporting of equipment and supplies necessary to execute this contract as necessitated by weather conditions.

If staging areas occur on land other than NFS-administered lands, the Contractor shall take measures to ensure the staging areas are free of noxious weeds to ensure operations are not contaminated by weed seeds. The Contractor must comply with restoration and rehabilitation requirements of staging areas on all lands. The requirements for staging area restoration and rehabilitation may be different for NFS administered lands than other lands.

Contractor will be responsible for all restoration and rehabilitation of staging areas on NFS administered lands. Clean-up and restoration of sites must facilitate recovery to original pre-use conditions. Special precautions will be in place prior to aerial operations to limit spread of seed from staging areas. This may include, but is not limited to, fencing and daily clean-up of work site to reduce the spread of project materials.

Contractor-Furnished Items/Services

1. The Contractor shall furnish mulch (wheat straw, barley straw or wood) material to a pre-determined staging area(s). This includes transportation, support equipment such as loaders, application/installation equipment, support personnel, clean-up, and restoration of staging areas, and services required to perform the requirements of the contract in accordance with specifications herein. The Contractor is responsible for all costs incidental to equipment move-in and move-out, movement of equipment within the project area, and transportation of all Contractor-furnished property.

2. The Contractor shall furnish originals or copies of certificates of transit or inspection as appropriate for all truckloads of certified straw mulch delivered to staging area(s). During operations at staging areas, the Contractor shall retain any colored twine, galvanized wire, or bale tags (labels) signifying weed-free certification from all used-up straw bales and present the twine, wire, and/or tags to the COR to verify proper utilization of bales.

For uncertified straw, the Contractor must submit documentation as necessary to show that delivered truckloads have been properly inspected and tested for noxious weeds and weeds prohibited by the national forest or grassland where application is to occur.

3. Selection of staging and service landings. Any arrangements for use of lands that are not administered by the Forest Service will be made by the Contractor. The Contractor assumes all liability for operation and rehabilitation of sites.

4. Warning signs on roads leading to operations at the staging area, and application sites shall be installed. The Contractor shall be totally responsible for signing, barricades, and traffic control on city streets, roads, and trails to maintain a safe environment to the public and Forest Service employees. It will be the responsibility of the Contractor to contact local municipalities and FSs for applicable operating permits to assist with signing of areas, and public safety.

5. Road Guards for all aviation operations that require flying over roads or near homes.

6. Trail Guards on the access points to trails that are within the flight paths of aerial operations.

7. Disposal of spilled mulch, packing materials, pallets, and other waste material is the responsibility of the Contractor. Contractor will be responsible for all restoration and rehabilitation in staging areas. Clean-up and restoration will require that the restoration of sites will allow recovery to original pre-use conditions or conditions as agreed with land owner. To limit spread of mulch materials, special precautions will need to be in place prior to aerial or ground operations. This may include but is not limited to adding fencing and daily clean-up of work site to reduce spread of project materials. Contractor shall submit a plan outlining what precautions and mitigation will be in place to limit spread of material prior to project initiation. This will include daily clean-up plans, mitigation strategies, and equipment that will be used to meet above mentioned specifications. A written plan shall be provided to the Contracting Officer for evaluation.

8. Contractor is responsible for providing spill containment kits for all petroleum products used to complete contract. All fueling shall be at a distance greater than 100’ from perennial or intermittent streams and/or wetlands. A written plan shall be provided to the

Contracting Officer for technical evaluation regarding spill containment strategies.

9. Contractor is responsible for cleaning up any spills of diesel fuel, aviation fuel or gasoline, all considered hazardous materials. If a spill occurs, the Contractor will assume all liability and responsibility for clean-up to meet EPA and applicable state water quality standards. A written plan for dealing with such spills shall be provided to the Contracting

Officer for evaluation prior to starting operations.

10. Contractor is responsible for rehabilitation of the staging area following clean-up. On lands administered by the Forest Service, this shall include de-compaction of soil, seeding, and rehabilitation of roads that receive damage from excessive wear and tear, examples include but are not limited to stuck vehicles, damage to trees, fences, gates, and trails.

11. Contractor is responsible for cleaning of all vehicles and equipment to ensure they are free of soil, seeds, vegetative matter, or other debris that could contain or hold non-native noxious weed seed prior to entering Forest Service, Bureau of Land Management, State, county, or private lands. Contractor shall certify compliance with terms in writing prior to moving equipment onto job site.

12. Contractor is responsible for providing a personal computer and printer to complete daily progress report for CO or their designee.

13. Contractor shall provide a communication system such that Contractor personnel, aircraft, and Forest Service project inspectors can communicate at all times with each other to discuss performance matters, or safety issues. VHF-FM radios must have high band capabilities, and must be capable of reaching narrow band frequencies.

14. Contractor-furnished aircraft must have electronic equipment capable of capturing coordinates using a Global Positioning System (GPS). The Forest Service will provide coordinates for each treatment area as GIS shapefiles or .kmz files. All aerial treatment sites are required to be flown using geo-referenced shape files that are available as polygons to be downloaded in aircraft GPS units. A completed map of coverage areas shall be provided by the Contractor during and at the end of the project denoting where all aerial and/or ground operations have occurred.

Project Safety and Resource Protection Objectives

All plans referenced below shall be submitted with the written proposal for review. Contractor shall comply with all Forest Service Safety and Health regulations and the Department of Labor

Occupational Safety and Health (OSHA) standards, and Department of Transportation (DOT) regulations.

Site Safety Plan: At time of task order the Contractor shall submit a written site specific safety plan for each project site, staging areas, and Forest Service or private roads leading to staging area(s). This includes procedure for traffic control (air traffic if applicable), communication, equipment use, signing, and protection of personnel and public. This plan will be used during the pre-work and subsequent meetings to ensure safe operations. This document will also be used for quality assurance standards during the project. Special permits if required for operation within the applicable state, county, and/or city will be required at the pre-work meeting.

Aviation Safety Plan: At time of the task order, the Contractor will be required to submit a detailed Aviation Safety Plan for conducting aerial operations. The plan shall include flight routes to avoid homes or areas in use by the public as well as provide for use of security personnel to stop traffic over roads, limit travel on trails in project areas, or other situations where security is necessary. Coordination with commercial and private aviation traffic will also be required for review. The plan will also include communication procedures to monitor location of aircraft assigned to the project and separate contingency plans for either a crash rescue or missing aircraft.

Documentation

Required documents include:

1. Daily Operational Report – Daily progress reports are to be provided to the Forest

Service representative at the end of each operational period or the next day during the morning briefing. No additional work that day will commence unless the following documentation is provided.

a) Updated map indicating the area within the unit that has been treated.

b) The approximate number of acres treated within each unit by treatment type.

c) Estimate of total straw or wood mulch (tons) applied to unit(s).

d) Total flight time (hours) for each aircraft per treatment or assignment.

e) Total straw or wood mulch (tons) delivered to Staging Area(s) including copies of weight tickets for each load delivered.

f) Original or copy of Transit Certificate or Inspection Certificate as appropriate from a

State certifying agency for each load of certified straw delivered.

g) Seed lab test results for each 30-bale lot of uncertified straw delivered.

2. Final Report – A final report (one hard copy on 8.5 x 11 paper) shall be provided to the

COR with the submission of the final invoice. The report will include at a minimum (a) daily field conditions, (b) application rates and areas covered, (c) site conditions, and (d) any other pertinent data that records the application of the product. The report shall contain a summary of the results of the application.

SEEDING-Supply of Tested Seed (Begin Specs for Seeding)

Seed will be applied by aerial applications in a uniform application in the designated areas according to contracted seeding rates and seed mix percentages as determined by the respective national forest where seeding is to take place.

Contractor-Furnished Seed: The Contractor shall supply seed to meet project specifications. All seed furnished by the Contractor shall meet the following requirements as a minimum. Other requirements may apply depending on project needs.

1. Supplied seed must be in compliance with seed laws for the State of origin of the seed and the State where the seed will be applied. The certification process of the State serving as the seed source must be met unless the seed is tested according to the certification process of the State where the wholesaler is located. Seed must be tested and certified to be free of noxious weed seed according to (1) the noxious weed lists of the States of origin and destination and (2) noxious weed listings for all 50 States found in USDA’s

State Noxious–Weed Seed Requirements Recognized in the Administration of the Federal

Seed Act. Seed must also be free from prohibited and restricted weed species as determined by seed laws of the States of origin and destination unless the CO specifically authorizes seed lots with restricted seed to meet or exceed minimum standards for those

States. This information will be a part of the task order. In addition, seed lots should not contain seed from cheatgrass (Bromus tectorum), Japanese brome (Bromus japonicus), Russian thistle (any Salsola species) or any other weeds specifically prohibited by a

National Forest unless authorized by the CO. The Forest Service is especially concerned about cheatgrass, Japanese brome, Russian thistle, or other weed species such as yellow bluestem or Caucasian bluestem that are adapted to arid conditions but are not addressed in State noxious weed laws but have the potential to be injurious when seeded on NFS-administered land. The combined total weight of seed from all other weed species (apart from noxious, prohibited, restricted, and forest-prohibited species) should not exceed

0.5% in a seed lot. Also, the seed lot should contain no more than 2% by weight (total) of non-weedy types of seed which includes seed from agronomic crops and native, non-weedy plant species other than those specified in the contracted seed mix. Seed test certification sheets shall be provided as part of the certification process. The CO may reject seed lots that exceed the requirements listed above.

2. Seed Testing: Test results must be satisfactory to the Forest Service before final acceptance of the seed is made. The Forest Service may conduct separate seed tests where needed to ensure adequate seed quality. Should third party seed testing be required in the task order, the seed tests generally shall be the responsibility of the Contractor but in some instances the Forest Service may assume this responsibility. Specific requirements for seed testing include:

a) If commercially possible and dependent upon certain circumstances (scheduling, fire activity, monsoonal weather, etc.), testing of representative seed samples of individual seed lots may be performed before receiving a task order for a seeding project or else pulled after the task order is received. Seed testing prior to receipt of a task order may be needed particularly if there is a time-sensitive requirement (e.g., scheduling to meet BAER actions). The CO or Contractor should consult the seed laboratory beforehand on time required for sampling as well as sample quantities and procedures necessary for testing. If required by the CO, Contractors must use an independent third party contractor who will be responsible for pulling seed samples from seed lots of individual species to be used in the mix and then sending the samples to the seed laboratory in accordance with standard chain-of-custody procedures. Seed must be stored securely after samples are pulled.

b) Seed Sampling Protocol: Samples taken from seed bags, tote containers, or bulk lots must be representative of seed variability. For seed lots consisting of 1 to 5 bags (or totes in some cases), each bag shall be sampled by taking cores, scoops, or handfuls of the same size as necessary. For lots consisting of 6 or more bags, 5 bags must be selected at random across the lot and sampled including at least 10% of the total number of bags in the lot. As an example, 6 bags out of a 10-bag lot should be randomly selected and tested (6 bags = 5 bags + (0.1 x 10 bags)). However, no more than 30 randomly selected bags or totes will be sampled from the lot regardless of the total number of bags or totes. Individual samples of equal size taken from the bags or totes will be (1) thoroughly mixed into a composite sample, (2) divided down to the amount required by the seed lab, and (3) put into a single, securely sealed container

(paper bag, zip-lock bag, cloth bag, heavy-stock envelope, etc.) for shipment to the seed lab.

For bulk lots of loose seed in a bin or truck bed, samples of the same size must be taken across evenly distributed portions of the bulk lot. A long probe or trier that can reach all depths of seed should be used to sample randomly within each same-sized portion of the bulk lot. If a probe or trier is unavailable or impractical, the samples will be taken manually by thrusting a hand into the seed. To derive the number of samples to be taken, the gross amount of seed in the lot should be divided by the average wt. of a seed bag, which typically is 50 lbs. (e.g., 1,000 lbs. seed ÷ 50 lbs.

seed = 20 samples of seed). However, no more than 30 cores or handfuls will be taken from the bulk lot regardless of the total amount of seed. Individual samples of equal size taken as cores or handfuls will be (1) thoroughly mixed into a composite sample,

(2) divided down to the amount required by the seed lab, and (3) put into a single, securely sealed container (zip-lock bag, cloth bag, heavy-stock envelope, etc.) for shipment to the seed lab.

c) Samples sent to the seed laboratory must be analyzed for specified seed mix percentages, purity, germination, moisture, noxious/prohibited/restricted weed seed, cheatgrass/Japanese brome/Russian thistle//yellow bluestem/Caucasian bluestem seed, other weed or crop seed, and inert materials. The seed laboratory must test each sample according to standards of the Association of Official Seed Analysts (AOSA).

Seed lots required to be Source Identified Seed shall also meet AOSA standards when specified by a task order. A tetrazolium test (TZ) may be made in lieu of a germination test for a seed viability test with the approval of the CO. This decision may be based on the species involved or time constraints. Required testing must have been conducted within the last 12 months. The Forest Service may conduct separate seed tests where needed to ensure adequate seed viability.

3. Seed moisture content shall ordinarily not exceed 15 percent by weight unless modified by a task order.

4. All seed must be cleaned so that no stems or debris longer than ¾ inch remain.

5. Harvested and cleaned seed shall be bagged or stored in bulk lots that have been secured.

Contracted seed must be stored securely after samples are pulled.

6. All bulk lots or bags shall be tagged and labeled to meet appropriate State seed labeling requirements and marked with the following information:

a) Name and variety of each seed component in excess of five percent (5%) of the whole. Hybrids shall be labeled as hybrids.

b) Lot number or other lot identification.

c) Origin (State or County, if known). This includes information on yellow certification tags used for the Source Identified Seed class when requested by a task order. If the origin is unknown, that fact shall be stated.

d) Net weight. Percentage by weight of all Pure Live Seed (PLS)

e) Percentage by weight of inert matter.

f) Percentage by weight of all other crop seeds.

g) The name and rate of occurrence per pound of weed seed present.

h) The name and rate of occurrence per pound of each kind of noxious weed seed present.

i) Percent germination or tetrazolium test for each seed species:

j) The calendar month and year the test was completed.

k) Name and address of the company or person responsible for analysis of seed

l) Name and address of the company selling seed.

m) Additional labeling information may be requested by the CO, such as the Project

Name, National Forest or unit, etc.

7. Bags or bulk lots of seed shall be stored in a cool and dry storage facility to assure optimal viability of seed until seed application to treatment units or delivery to the Forest

Service. Seed bags must be made of a material that maintains seed viability during storage.

Required Documentation from Contractors: In addition to daily operational reports and a final report, required documents for a contract must include:

1. Written documentation of the total amount (in pounds) of seed delivered.

2. Seed tags or transportation paperwork from each lot of seed delivered (including any yellow Source Identified Seed tags) that must be attached to a separate sheet.

3. Seed lab test results.

Applicable Laws: Contractor will be responsible for compliance with all laws pertaining to selling and/or transporting of seed or noxious weeds. The Federal Seed Act (7 U.S.C. Sections

1551 – 1610) applies to all acquisitions of seed. The State seed laws in which the seed is applied are also applicable.

Treatment Locations and Staging Areas

The areas to be included as treatment units may be within lands administered by the Forest

Service in AZ, NM, western OK, and the TX panhandle. Areas will range from desert lands to mountainous terrain with elevations ranging from 3,000 to 11,000 ft. Aerial applications of seed will generally be conducted in areas that are not accessible by ground equipment or in areas where it is more efficient to use aerial applications due to amounts of material to apply and large sizes of treatment units. Treatment units will be identified in each task order.

The Contractor is responsible for labor, equipment, supervision, transportation, operating supplies, clean-up, rehabilitation, seed application, seed storage at staging area, and protection of seed for each project, and incidentals to complete all facets of the seeding work order.

Staging and landing areas will be the responsibility of the Contractor. The Forest Service has not identified potential staging areas on NFS lands for storage/net loading or aviation service landings and makes no representation as to the actual or practical use of potential staging or landing areas on NFS lands in or near the burned area. If the Forest Service determines that there are no reasonable staging or landing areas on NFS land, it will be the responsibility of the

Contractor to gain access to a location off of NFS-administered lands for staging and landing zones. Final decisions on the use of any staging areas on NFS lands will be agreed upon by the

Contractor, the CO, local officials (such as the District Ranger, or acting), and BAER

Implementation Team Leader.

For staging areas located on lands other than NFS administered lands, the Contractor will be responsible for all use arrangements, rental agreements, liability to property, and transporting of equipment and supplies necessary to execute this contract, including the storage of seed as necessitated by weather conditions. If staging areas occur on land other than NFS-administered lands, the Contractor shall take measures to ensure the staging areas are free of noxious weeds to ensure operations are not contaminated by weed seeds. The Contractor must comply with restoration and rehabilitation requirements of staging areas on all lands. The requirements for staging area restoration and rehabilitation may be different for NFS administered lands than other lands.

Contractor will be responsible for all restoration and rehabilitation of staging areas on NFS administered lands. Clean-up and restoration will require that the restoration of sites will allow recovery to original pre-use conditions. Special precautions will be in place prior to aerial operations to limit spread of seed from staging areas. This may include, but is not limited to, fencing and daily clean-up of work site to reduce the spread of project materials.

Contractor-Furnished Items/Services

15. The Contractor shall furnish seed to a pre-determined staging area(s). This includes transportation, support equipment such as loaders, application/installation equipment, support personnel, clean-up, and restoration of staging areas, and services required to perform the requirements of the contract in accordance with specifications herein. The

Contractor is responsible for all costs incidental to equipment move-in and move-out, movement of equipment within the project area, and transportation of all Contractor-furnished property, including Forest Service provided seed.

16. Warning signs on roads leading to operations at the staging area, and application sites shall be installed. The Contractor shall be totally responsible for signing, barricades, and traffic control on city streets, roads, and trails to maintain a safe environment to the public and Forest Service employees. It will be the responsibility of the Contractor to contact local municipalities and FSs for applicable operating permits to assist with signing of areas, and public safety.

17. Road Guards for all aviation operations that require flying over roads or near homes.

18. Trail Guards on the access points to trails that are within the flight paths of aerial operations.

19. Disposal of spilled seed, packing materials, pallets, and other waste material is the responsibility of the Contractor. Contractor will be responsible for all restoration and rehabilitation in staging areas. Clean-up and restoration will require that the restoration of sites permits recovery to original pre-use conditions or conditions as agreed with land owner. To limit spread of seed materials, special precautions will need to be in place prior to aerial or ground operations. This may include but is not limited to adding fencing and daily clean-up of work site to reduce spread of project materials. Contractor shall submit a plan outlining what precautions and mitigation will be in place to limit spread of material prior to project initiation. This will include daily clean-up plans, mitigation strategies, and equipment that will be used to meet above mentioned specifications. A written plan shall be provided to the CO for evaluation.

20. Contractor is responsible for providing spill containment kits for all petroleum products used to complete contract. All fueling shall be at a distance greater than 100 ft. from perennial or intermittent streams and/or wetlands.

21. Contractor is responsible for cleaning up any spills of diesel fuel, aviation fuel or gasoline, all considered hazardous materials. If a spill occurs, the Contractor will assume all liability and responsibility for clean-up to meet EPA and applicable state water quality standards. A written plan for dealing with such spills shall be provided to the CO for evaluation prior to starting operations.

22. Contractor is responsible for rehabilitation of the staging area…