A04 North_Waugh_Stewardship_SOW_Schedule_of_Items.doc

NORTH WAUGH STEWARDSHIP PROJECT SERVICE CONTRACT WITH PRODUCT REMOVAL

PART 1, SECTION B, SUPPLIES OR SERVICES AND PRICES/COSTS

STEWARDSHIP CONTRACT: The Bureau of Land Management intends to enter into this North Waugh Stewardship contracting project to perform services to achieve land management goals for public lands that meet local and rural community needs as a Firm Fixed Price Commercial Items Stewardship Services Contract with incidental construction.

The services and commercial product removal are shown in two (2) price schedules. Schedule A identifies the services the Contractor shall perform and the unit price of payment. Schedule B identifies the forest product volume for removal by the contractor that reflect the unit price that will be credited to the Government for ownership and commercial use of the product by the Contractor.

Service Contract Act Labor Standards and Davis Bacon Act: Both the Service Contract Labor Standards wage requirements and Davis Bacon Act wage requirements are applicable to the contract line items in this contract.

SCHEDULE A – SERVICE WORK

SCHEDULE A –CONSTRUCTION WORK

(End of Schedule A)

SCHEDULE B – COMMERCIAL FUELS VOLUME REMOVAL

The price minimums for each forest product are based on the BLM’s Vegetative Product Sale Standards and Minimum Price List for 2018 (5420)

* Estimated Quantity

GT= Green Ton MBF=Thousand Board Feet NET TOTAL (Schedule A minus Schedule B)

(ALL OR NONE)

Offerors are advised that the price shown for Line Item 03 is inclusive of falling, yarding, loading, and hauling.

AWARD: This contract will be awarded based upon Technical Proposal and Best Value. Bid packages should include the following: Past Performance, Treatment Plan/Schedule (Technical Proposal) and Price. To aid in the submission of information regarding Past Performance and a Treatment Plan/Schedule, a generic proposal format has been prepared and attached at the end of this contract.

Explanation of potential outcomes depending on bid prices for the service work and forest products under stewardship contracting. In order to address all possible scenarios that could be involved in this Stewardship Contracting Action The following explanation is provided:

In stewardship contracts, the contractor has the additional option of utilizing earned conservation credits in lieu of an advance payment or a payment bond.

The scenarios described below are separated into three main categories, based on the specific stewardship contract situation. They are:

1. Stewardship Contracts where the Service Cost is greater than Product Value

2. Stewardship Contracts where the Product Value is greater than the Service Cost

3. Stewardship Contracts where Product Value and Service Cost are equal

(1.) Stewardship Contracts where the Service Cost is greater than Product Value

The end result of this stewardship contracting category is a payment by the BLM to the contractor that should total the difference of the Service Cost minus the Product Value. Stewardship contracting provisions allow for the harvesting of the forest product (the Product Value portion of the contract) prior to the performance of the service work. BLM regulations require that prior to the cutting and removal of forest products, a contractor who has not yet earned conservation credits must either pay the BLM the value of this wood or provide some form of payment bond.

a. Contractor harvests products prior to performing service work

The contractor submits a cash payment(s) for the value of the forest products to the BLM prior to the cutting/removal of the forest product.

Once the contractor performs service work that exceeds the value of the product removed, the payments deposited earlier should be refunded back to the contractor via CBS.

The contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products. The contractor has the option of providing a cash payment bond.

Conservation credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

b. Contractor performs service work prior to harvesting products

The contractor will earn conservation credits at the rate and value specified in the contract. The contractor is permitted to cut/remove forest products up to the value of the earned conservation credits without any advance payment or form of security.

(2.) Stewardship Contracts where the Product Value is greater than Service Cost

The end result of this stewardship contracting category is a payment by the contractor to the BLM that should total the difference of the Product Value minus the Service Cost.

a. Contractor harvests products prior to performing service work

If the contractor continues to harvest products above the threshold and prior to performing the service work in the contract, payments similar to the discussion in (1).a above, must be provided by the contractor.

As the contractor performs service work and earns conservation credits, the value of those credits earned can be used to offset any product value payments until all service work is completed. Once this service work is completed and accepted by the BLM, refunds of this overpayment (the amount over the threshold) can be processed.

The contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products.

Conservation credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

b. Contractor performs service work prior to harvesting products

The contractor will earn conservation credits at the rate and value specified in the contract. The contractor is permitted to cut/remove forest products up to the value of the earned conservation credits. No payments to the BLM will be necessary until the value of the forest products cut/removed exceeds the earned conservation credits.

(3.) Stewardship Contracts where there is equal Product Value and Service Cost

While the end result of this stewardship contracting category is no final payments by the contractor or the BLM, as the contract progresses there may be some Finance entries.

a. Contractor harvests products prior to performing service work

The discussion in Scenario (1).a is applicable here.

The contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products.

Conservation credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

b. Contractor performs service work prior to harvesting products

The contractor will earn conservation credits at the rate and value specified in the contract. The contractor is permitted to cut/remove forest products up to the value of the earned conservation credits. No payments to the BLM will be necessary until the value of the forest products cut/removed exceeds the earned conservation credits.

The discussion in Scenario (1).a is applicable here.

TERMS OF CONTRACT

This is a Multi-Year contract as contemplated by Section 323 of P.L. 108-7, and as such may continue for a period of up to 2 years. Multi-Year contracts specify more than one year’s requirements without establishing and having to exercise an option for each program year after the first. In the event that cost of the services/construction exceeds the value of the timber the cancellation dates required by Federal Acquisition Regulations 17.106-1 will be mutually arrived at.

ESTIMATED START WORK DATE: Within one calendar year after the contract is awarded.

CONTRACT COMPLETION DATE: Not later than two calendar years from date of effective start work date.

FAR 52.228-16 Performance and Payment Bonds -- Other Than Construction (July 2000)

(a) Definitions. As used in this clause –

“Original contract price” means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or for indefinite-quantity contracts, and the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to (NOT APPLICABLE TO THE TASK ORDER LINE ITEM 01 UNDER THIS SOLICITATION OR RESULTING CONTRACT) the percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to the total amount proposed for Line Item 03, Product Removal, in its entirety, as required under the terms and conditions cited above.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer within 10 days, but in any event before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations; certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 401 14th Street, NW, 2nd Floor, West Wing Washington, DC 20227

SITE VISIT DATE AND PREPROPOSAL INFORMATION

A site visit has been scheduled for September 9, 2020 at 10:00 AM Local Time.

Participants will meet at the entrance to the Stirrup Ranch, via CR 2 in Northwest Fremont County, Colorado (See Attachment B). Potential bidders are to provide their own transportation at no cost to the Government. The Government assumes no liability on behalf of bidders attending the site visit. Bidders intending to attend the site visit tour shall contact Jeremiah Moore (719) 269-8576 at least 48 hours before the scheduled site visit to provide the firm’s name and number of persons that will attend.

STATEMENT OF WORK

SECTION C - DESCRIPTION – STATEMENT OF OBJECTIVES

C.1 – GENERAL REQUIREMENTS

C.1.1 – PROJECT OBJECTIVES: The purpose of this contract is to provide services for forest health improvement, aspen restoration, and fuels reduction. This will be accomplished by removing vegetative materials to protect and benefit the area’s natural resources. The BLM has been directed to manage fire and resources together to protect people, natural resources and property, and to restore forest wildlife and rangeland health.

Section 323 of Public Law 108-7 as amended allows the BLM to enter into stewardship contracts.

This contract is designed to reduce tree densities of a predominately mixed conifer site improving forest health and removing trees killed by using a stewardship contracting authority.

This contract is designed to be “PERFORMANCE BASED”. The intent of performance based contracts is for the Bureau, through its contracting organization, to state what the intent of the contract is, define any specific requirements, and let any interested contractors tell us how they would propose that the work be accomplished and how they propose to ascertain quality workmanship. A contract will be awarded after a review of the technical proposal, the quality assurance plan and the best value evaluation criteria. (See the SOLICITATION PROVISIONS section).

Stewardship contracts are awarded on “best value” basis as opposed to strict revenue generation. The “Best Value” shall be determined using the evaluation criteria listed below, which are listed in descending order of importance. To aid contractors in the submission of the information regarding Past Performance and a Treatment Plan/Schedule, a generic proposal format has been prepared and attached at the end of this document and attached separately.

1. The contractor’s technical expertise, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the required work.

2. Past performance records on similar projects.

3. Service work costs and product value prices.

Note: All merchantable material to be removed shall be purchased from the government and paid for prior to removal at the total offer value shown in Line item 2A through either application of Conservation Credits earned or cash deposit. (See C.5 and C.6)

C.1.2 – SCOPE OF CONTRACT: The Contractor shall develop and submit a Treatment Plan and Schedule to accomplish the project objectives, and organize and direct all of the equipment and personnel needed to fully accomplish the work. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required. The Treatment Plan and Schedule will be agreed upon by both parties and incorporated into the contract. All changes to the Treatment Plan will be agreed to prior to the changes taking effect. These plans are not intended to evaluate the contractor’s technical writing skills but are to inform the selection committee of the contractor’s resources to complete the required work.

The contractor shall be required to:

1. Provide a Treatment Plan and Schedule (Technical Proposal)

2. Provide a Quality Control Plan.

C.1.2.1: The Treatment Plan and Schedule shall include as a minimum the following items:

Product Removal – felling, skidding and decking of forest products, hauling operations, and equipment involved.

Temporary Road construction/rehabilitation – blading and brush clearing specifications, and equipment involved.

Precommercial Thinning – equipment and techniques used to meet thinning specifications.

Workforce - The workforce that will complete the required work including the project supervisor.

Schedule for completion of objectives.

A Safety Plan to include traffic control and identification of hazards.

C.1.2.2: The Quality Control Plan shall include as a minimum the following items: Contractor inspection procedures to ensure project objectives are being met.

C.1.3 - LOCATION AND DESCRIPTION OF THE PROJECT

C.1.3.1: Location: The project area is located in Fremont County, Colorado (T. 51 N., R. 12 E., Section 33 and 34). This is approximately 12 miles west of Highway 9, accessed off CR 2. (See Vicinity Map – Exhibit B) C.1.3.2: Access: The primary access to the project area is from CR 2, through the Stirrup Ranch main entrance. Contact COR Jeremiah Moore prior to accessing.

C.1.3.3: Description: This project consists of six units, totaling 202 acres. The project area forest type is mixed conifer dominated by Douglas-fir with scatterings of quaking aspen, bristlecone pine, ponderosa pine, limber pine, and Engelmann spruce. Slopes varying between 0 and 45%.

C.1.3.4: Project Area Map: (Exhibit A) Where applicable, the following are identified on the Project Area Maps.

(a) Project unit boundary in which services will be performed.

(b) Access road through private and public lands.

(c) Public and private land boundaries.

C.1.3.5: Project Work Period: The project work may begin once the contract is awarded, depending on weather conditions and wildlife nesting restrictions. The contractor has 2 years from the agreed upon start date to complete all the work. Consideration will be given to delays caused by bad weather, wet road conditions, or unforeseen circumstances.

C.1.3.6: Operations Plan: Prior to the commencement of operations, the Contractor shall obtain from the COR written approval of a written operations plan commensurate with the terms and conditions of the contract which shall include measures needed to assure protection of the environment and watershed.

C.1.4 - DESCRIPTION OF WORK/SERVICE ACTIVITIES: This contract is designed to mechanically thin a mixed conifer stand, remove and utilize the merchantable forest products with the following requirements:

C.1.4.1 Mechanical Thinning - Line Item 03: Within Units 1, 2, and 5, Cut and remove all dead and dying Douglas-fir and Engelmann spruce greater than 6” dbh. Pile all slash. Avoid the existing hand piles where possible.

C.1.4.2 Precommercial Thinning - Line Item 01: Within Units 3, 4 and 6, remove all conifer trees and dead aspen over 4” dbh. Reserve all live aspen. All cut material less than 4” dbh will be lopped and scattered.

C.1.4.3.3 Biomass Removal: The contractor shall have the option to remove any biomass on which the contractor has offered a price at least equal to the value stated on Line Item 04, provided project work is progressing as scheduled, and removal is completed prior to expiration of contract time. The contractor shall notify the Contracting Officer of its intention to exercise this option within _30_calendar days from the execution of this contract. The Contractor must treat any woody biomass not removed in accordance with the specifications in the service contract.

C.1.4.4 ROAD WORK/IMPROVEMENTS- Line Item 02: The government guarantees access to the work site over Fremont County Road 2. The contractor shall be responsible for the maintenance of access roads from CR 2 into the treatment unit. Access shall remain open to the public during the contract period. The contractor shall provide a warning sign about the activity when entering the site. The contractor shall close temporary roads with tank traps, boulder, and/or large woody debris upon contract closeout. Any roads not designated on the project map will be considered temporary roads and will require closeout.

C.1.4.5 RESERVES:

1. Within Units 1, 2, and 5, reserve all live healthy bristlecone pine, Engelmann spruce, Douglas-fir, ponderosa pine, limber pine, and aspen.

2. Within Units 3, 4, and 6, reserve all live aspen.

C.1.4.6 PROJECT ORGANIZATION: Work shall be completed in a systematic manner. The work will be completed in one portion of the unit prior to starting a new portion. The BLM will work with the contractor on an operation plan that will include a plan that attempts to avoid sensitive time periods for wildlife and high use times for the public.

The area will not be closed to the public during the contract period. The contractor must be aware of the presence of people in the work area and adjust activities to account for their presence. The contractor is responsible for securing his equipment and supplies from possible theft and vandalism.

C.1.4.7 WILDLIFE RESTRICTIONS: No cutting of standing green trees shall occur between May 15 and July 15 due to migratory bird nesting unless surveyed for nests by a qualified person prior to any cutting, or unless work has begun within a single unit. Skidding, hauling, decking, or slash work will be allowed between May 15 and July 15.

C.1.4.8 STUMPS: All cut stumps shall be cut within 6 inches of the ground on the high side of the tree or below the last live limb.

C.1.4.9 IMPOVEMENT PROTECTION: All existing known improvements must be protected from damage.

SECTION C.2 – TECHNICAL REQUIREMENTS

C.2.1 BLM WILL FURNISH OR PROVIDE THE FOLLOWING:

1. Designate the boundaries of the commercial thin area to be treated with orange plastic flagging and orange painted boundary trees.

3. Provide maps and descriptions of the area, and go with the operator around the boundary of the area.

4. Conduct on-site inspections by the PI/COR.

5. Measurement of the area treated by Global Positioning System (GPS). Note: All GPS measurements are taken on the horizontal plane not “slope” acreage.

6.

Ascertain the COR/PI are available to inspect equipment off site for cleaning, prior to transportation of equipment to the site.

7. Flag for protection all known survey monument corners.

C.2.2 CONTRACTOR WILL FURNISH:

1. All equipment and manpower needed per the technical proposal.

2. Transportation for equipment and operator to and from the site.

3. All fuels, lubricants, parts for repairs, and repairs to the machine.

4. Safe working environment, The Contractor, in his operations under this contract, shall not do or omit to do anything by which act or omission any person or property may be injured or damaged and shall indemnify and save the United States harmless from any claim, demand, action, or damages on account of any personal injury or property damage arising by reason of anything done or omitted to be done by the Contractor, his contractors, subcontractors, or the employees of any of them.

C.2.3 CAMPING and WORKSITE CONDITIONS:

C.2.3.1 Camping: The contractor or his employees, upon documented permission from the CO/COR, may establish temporary work camps on public lands administered by the Bureau of Land Management. Camps shall be kept tidy and free of refuse. These camps may consist of mobile trailers, pickup campers, tent trailers, or tents. If camping in other than self contained trailers and or campers, the camp must also have a regularly serviced “porta-pottie” on site for each 10 employees camping. All food needs to be stored in bear proof containers to avoid conflicts that could arise with improper food storage. The contractor shall be required to rehabilitate the camping area to the satisfaction of the CO/COR. Camps are subject to all fire restrictions placed by state, county or federal authorities.

C.2.3.2. Contractor Information: The Contractor shall abide by the OSHA’s Field Sanitation Standard, Fact Sheet No. OSHA 92-25, which applies to any agricultural establishment hiring 11 or more workers for hand labor.

C.2.4 COR/PI:

COR - Contracting Officers Representative PI - Project Inspector

Jeremiah Moore

Summer Forestry Technician Forester

Office – 719-269-8500 Office - 719-269-8576

C.2.5. ENVIRONMENTAL CONSIDERATIONS:

C.2.5.1 Erosion Prevention/Surface Conditions: If on site moisture (rain/snow/hail/etc.) events exceed 0.5 inch in 1 hour or 1 inch in 24 hours, the COR may require a halt to traffic until the roads dry enough (or freeze) so that damage by vehicles does not occur. Equipment shall not be operated when the ground is muddy or the soil moisture is high enough for equipment to leave ruts over 1.5 inches in depth. When/If such conditions are encountered, the Contractor shall stop work and notify the COR/PI by telephone or facsimile machine followed by instructions in writing. Any damage to roads caused by the contractor will be repaired by the contractor to the satisfaction of the COR.

C.2.5.2 Litter/garbage: The contractor shall clean-up all generated litter and dispose of it weekly at an approved sanitary landfill or other location and in a manner approved by the CO/COR.

C.2.6 FIRE PROTECTION AND SUPPRESSION:

C.2.6.1. Fire Period and Closed Season: Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 19, which is the defined fire season start and stop dates of each year, for the area. The Bureau of Land Management may change the dates of said period by advance written notice if justified by unusual weather or other conditions.

Required tools and equipment shall be kept in serviceable condition and immediately available for initial attack on fires.

C.2.6.2 Substitute Measures: The Contracting Officer’s Representative may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

C.2.6.3. Emergency Measures: The Bureau of Land Management may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions or when the implementation of Fire Restrictions require.

C.2.6.4. Fire Control: The Contractor shall, independently and in cooperation with the BLM, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

For the purpose of fighting wildland fires on or in the vicinity of the project, which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the BLM. Any individual hired by the BLM will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters. The BLM will compensate the Contractor for equipment rented, at fire fighting equipment rates common in the area.

C.2.6.5. Compliance with State Forest Laws: Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

C.2.6.6. Fire Precautions: Specific fire precautionary measures are as follows:

1. Smoking and Open Fires - The Contractor shall not allow open fires on the project area without advance permission in writing from the Contracting Officer Representative.

Unless restricted by State Law or Federal Regulations, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

2. Fire Extinguishers and Equipment, on Trucks, Tractors, etc. - All power-driven equipment operated by the Contractor on public land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 B, C and one "D" handled or long handled round point shovel.

In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger. Equipment shall be kept in a serviceable condition and shall be readily available.

3. Power Saws - Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long handled round point shovel, size "O" or larger. The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

4. Extinguishers - One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available.

5. Spark Arresters and Mufflers - Each internal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(A) Equipped with a turbine-driven supercharger such as the turbocharger. There shall be no exhaust bypass.

(B) A passenger carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory designed muffler complete with baffles and an exhaust system in good working condition/..

(C) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this Subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

C.2.6.7. Additional Fire Precautions: If determined that fire danger indices as displayed in the National Fire Danger Rating System for a given area are exceeding the .90 percentile for Energy Release Component and Burning Index the Contractor will be required to:

1. Partial Hoot Owl: The following may operate only between the hours of ½ HOUR BEFORE SUNRISE and 2 P.M. local time:

(A) Power saws, except at loading sites

(B) Welding or cutting of metal

(C) Tractor for skidding and dozer piling operations

(D) mechanized loading and hauling

(E) Any other spark-emitting operation not specifically mentioned

2. Additional Fire Precautionary Measure 1 - Tank Truck, The Contractor shall provide a tank truck or trailer, containing not less than 300 gallons of water, during yarding, loading, land clearing, right-of-way clearing, roller crushing, hydro-axing, and mechanical treatment of slash. Such tank truck or trailer shall be maintained in a serviceable condition and located within 10 minutes, round trip, from the project area during fire period and closed season.

The tank truck or trailer shall be equipped with a pump capable of discharging 20 gallons of water per minute, using a 1/4 inch nozzle tip, through a 50 foot length of rubber lined hose. In addition, 500 feet of serviceable fabric jacket rubber lined hose of not less than 1 inch outside diameter, fitted with a nozzle capable of discharging a straight stream of 1/4 inch diameter and a spray pattern shall be immediately available for use. The tank, pump and at least 250 feet of hose and nozzle shall be connected and ready for use at all times.

If a trailer is used, it shall be equipped with a hitch to facilitate prompt movement. A serviceable tow vehicle shall be immediately available for attachment to the trailer and must meet the time requirements stated above. Such truck or trailer shall be equipped to operate for a minimum of 8 hours. Tank truck or trailer shall be available from the start of work to the end of the Fire Watch/Fire Security service.

3. Fire Security - The Contractor shall designate a person who shall perform fire security services listed below on the project area and vicinity. The designated person shall be capable of operating the Contractor's communications and fire fighting equipment specified in the contract, excluding helicopters, and of directing the activities of the Contractor's personnel on forest fires. In lieu of having the designated person perform the required supervisory duties, the Contractor may provide another person meeting the qualifications stated above to direct the activities of the Contractor's personnel and equipment during all fire fighting activities.

Services described shall be for at least 2 HOURS from the time the Contractor's Operations are shut down. For the purposes of this provision, personnel servicing equipment and their vehicles or who are engaged in cutting or welding metal are not considered on fire security.

Fire security services shall consist of moving throughout the operation area or areas constantly looking, reporting and taking suppression action on any fires detected. Where possible, the designated person shall observe inaccessible portions of remote operating areas from vantage points within or adjacent to project work.

4. Communications - The Contractor shall provide adequate two-way communication facilities to report a fire to Bureau of Land Management within 15 minutes of detection. FCC Regulations prohibit commercial use of Citizen Band (CB) radios. (CB's are not considered adequate two-way communications.) Such communications shall be operable during periods of operation of power-driven equipment, including the time fire security is required.

5. General Shutdown-all Operations Suspended - If fire danger is severe, the Contractor will be asked to suspend work. While in use, each internal combustion engine including tractors, trucks, dozers, welders, generators, stationary engines, or comparable powered equipment shall be provided with at least the following:

C.2.7 Fueling: Fueling equipment and operations will be inspected and approved prior to contract startup by the owner/ operator and PI/COR. Joint inspections will include checking for evidence of oil/fuel leaks at all piping, oil/fuel lines, hydraulic lines and seals, fuel tanks and other sources of leaks. All evidence of leaks will be investigated and immediately repaired prior to equipment operation on the job.

C.2.7.1 All non-manual fueling equipment will have an automatic shut-off switch installed to avoid fuel releases.

C.2.7.2 Fuel tanks greater than 201 gallons may only be used within a spill containment pit. The spill containment pit shall be constructed at a site designated by the PI/COR, with an impermeable liner capable of containing a released volume of one and one-half times the tank volume. Pits shall be rehabilitated after completion of the operations.

C.2.7.3 Any on site fuel or oil release of two gallons or more is the contractor’s responsibility. Containment, immediate reporting, documentation and cleanup is required and shall be at the direction of the PI/COR in accordance with State and Federal law and policy. The contractor may be subject to all or part of the cost for cleanup.

C.2.8 HAZARDOUS MATERIALS:

C.2.8.1 Hazardous or Regulated materials, including petroleum products, to be used on site must be listed in the operations plan.

C.2.8.2 Use of Hazardous Materials and/or petroleum products requires that all appropriate State and Federal Regulations be complied with including, but not limited to, Material Safety Data Sheets (MSDS) on hand and use of necessary Personal Protective Clothing (PPE).

C.2.8.3 On-site disposal of Hazardous Materials or Waste including hydrocarbons is not authorized. On-site disposal will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated soil.

C.2.8.4 Incidental (de minimus) leaks from fittings, gaskets or ruptured hoses will not subject the contractor to remedial requirements. They will be considered to be normal and unavoidable losses. Continual leaks will be noted on inspection reports and correction through maintenance required.

C.2.8.5 Maintenance and repair operations that require the draining of engines or hydraulic systems may be conducted on site only if the fluids are captured, containerized, and removed from public lands for proper disposal.

C.2.9 PROTECTION: Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s Operations. The contractor is required to protect all known cadastral survey markers (brass caps), bearing trees, bench marks, project markers, fences, gates, signs, flood control dams, spring developments, roads, trails, or other improvements from damage or removal. If any of the improvements mentioned above are discovered during the implementation of the project the contractor will immediately notify the BLM. In case of destruction or removal by the contractor, they will be replaced by the government and the actual cost of replacement deducted from payments due the contractor.

C.2.9.1 Protection of Cultural Resources: Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-ll) (36 CFR 296.4 and 36 CFR 261.9(g)), shall be identified on the ground by the BLM. The BLM may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the site is determined.

C.2.9.2 Protection of Threatened, Endangered, and Sensitive Species: Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973 or as sensitive plant and animal species. Measures needed to protect such areas have been included elsewhere in this contract or are as follows:

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed on the Endangered Species List or the sensitive plant and animal species list, the BLM may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the area is determined.

In the past, Ospreys have nested on a man-made platform adjacent to the treatment unit near the Clear Creek Reservoir dam. If ospreys nest on this platform or near the treatment unit then a ¼ mile no activity buffer will be established from April 1 – August 31.

C.2.10 REMEASUREMENT: Remeasurement of acreage will be made upon written request by the Contractor. The written request must be made within 10 calendar days after completion of the work. If measurement indicates a difference of not more than 5 percent from the original measurement, the contractor shall pay the actual cost of the Remeasurement. Payments will be based on the second measurement where the difference between measurements is more than 5 percent. Where the difference is less than 5 percent the results of the first measurement will be used.

C.2.11 SAFETY PLAN: The Contractor shall prepare a Safety Plan that addresses the specific hazards of the work site. The plan shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers are hazards and shall implement safety measures to prevent public land user conflicts. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will employ to increase safety on the worksite. The plan should include the location of warning signs along all haul routes. Additionally, a plan of action for an emergency event shall be included in the Safety Plan.

C.2.12 STATUS REPORT: Provided an onsite visit has not occurred during the period, the contractor is required to report status of work when any special situations or problems are encountered or once a week (which ever is less). These reports may be made by telephone to the PI/COR.

In the event of extreme weather or early thaw, the Contracting Officer will determine the best course of action based on comments from both the Contractor and PI/COR.

C.2.13 WEED CONTROL: Prior to moving onto public lands, including the project area, the contractor is required to remove all dirt and debris that could contain weed seeds by scraping off visible dirt and debris then thoroughly washing all earth moving equipment with a suitable power washer. Earth moving equipment shall include, but not be limited to the skidders and dozers. Earth moving equipment shall not include personal transportation (pickups) or tractors towing equipment trailers.

C.2.13.1 Prior to moving onto the site, cleaning and washing shall not occur on any BLM public lands. We suggest a public car wash.

C.2.13.2 If earth moving equipment is moved from the contract area it shall be cleaned again prior to reentering the project area.

C.2.13.3 To avoid having to return equipment back to some off site location to be cleaned, the contractor may choose to have the equipment inspected for compliance with this section at an off site location by the COR/PI provided that location is within a reasonable (two hours - one way ) travel time of Canon City, CO.

C.2.14 STATUTORY COMPLIANCE: Contractor agrees to conduct operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits, or other regulations. Failure to comply will be grounds for default in accordance with the Default clause.

C.2.15 LANDINGS and SKID TRAILS: Locations of all landings, tractor roads, and skid trails shall be agreed upon and approved by the BLM prior to their construction. To minimize soil disturbance existing skid trails or openings will be utilized wherever possibly. The cleared or excavated size of landings shall not exceed that needed for safe and efficient skidding and loading operations.

C.2.15.1 Landing Cleanup: A landing is considered a place where any logs or products are gathered for loading. All slash accumulated at landings shall be lopped and scattered, smashed, chipped or removed as biomass.

C.3 INCLUDED TIMBER/PRODUCT REMOVAL “Included Timber” consists of:

C.3.1 Standard Timber: The BLM agrees to sell and the contractor agrees to purchase, cut and remove all Fuelwood and sawlogs as located and described in this Service Contract, including all pieces that meet minimum piece specifications in the table below and are designated for cutting under C.1.4.1.

Title to all timber included in this contract shall remain with the United States until it has been paid for and removed from the project area by the Contractor. The Contractor shall not cut any timber until the quantities have been paid for by the Contractor (See paragraph C.6) or Conservation Credits established.

C.3.2 Damaged Timber: Trees designated as reserves that have been damaged by contractors operations to the extent that is considered deterioration or mortality is imminent and are designated by the BLM for felling. Damaged timber is subject to a higher rate than that of standard timber according to C.5.3.

C.3.3 Utilization Standard: Utilization Standards for fuelwood size trees is shown in the table below and described in C.1.4.1. Technical proposals shall describe the type of ground based logging system and equipment that will be used to cut, and remove this material. All utilizable material (products) to be removed will be purchased from the government and paid for at the total values shown in Line Items 3 and 4, through either application of Conservation Credits or cash deposit. (See paragraph C.6)

Included Timber Merchantability Specifications

Included Timber

Piece Required to be Removed

Quantity Unit of

Measure

D.I.B.

C.3.4 Measuring: The estimated quantity of timber listed in this contract has been determined by standard procedures described in FSH 2409.12, Timber Cruising Handbook. The unit was cruised using a variable radius plot cruise method. A total of 20 plots were evenly spaced throughout the six units.

C.3.5 Felling and Bucking: Felling shall be done to minimize breakage of Included Timber and damage to residual timber. Bucking shall be done to permit removal of all minimum pieces set forth in the Merchantability Specification Table C.3.3. Contractor may buck out cull material when necessary to produce pieces meeting Utilization Standards. If necessary to assess extent of defect, Contractor shall make sample saw cuts or wedges. These nonmerchantable pieces should be lopped and scattered, masticated, chipped or utilized for biomass.

C.4 QUALITY CONTROL

C.4.1 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM: The Contractor shall propose and adopt a quality control inspection system to ensure that the work is progressing in compliance with specifications.

Inspections will be made on a series of 1/20th acre (26’4” feet radius) plots located at predetermined intervals across each work unit. Sufficient plots will be taken to obtain at least one percent sample of the work unit. The plots are to determine if the requirements of section 1.4 were met.

Each inspection plot will be subdivided into four (4) quadrants based on cardinal directions. Each quadrant will be evaluated for compliance with the intent of the contract specifications as stated in Section C that pertains to this individual treatment. If two (2) or more quadrants fail to comply, the plot will fail.

Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory plots divided by the number of plots inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

Example:

Number of plots inspected

Number of satisfactory plots

23 divided by 25

Work Quality Percentage 92%

C.4.2 Government Inspections: The Contracting Officer will conduct government inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Government inspections will be the same as those described in C.4.1.

C.4.2.1 Compliance Inspections: Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

C.4.2.2 Final Inspections: Final inspections for payment will be made on completed project units unless otherwise agreed upon in writing. Contractor shall request a final inspection. Inspection requests shall be in writing and pursuant to FAR 52.246-4, shall include results of Contractor’s quality inspections. Inspections will be completed within ten (10) calendar days after the notice is received for each item. If a formal request for an item inspection is within the ten (10) working days since the previous request, the time will not start until the time for the previous inspection expires.

C.4.2.3 Disputed Inspection: When formal inspection by the Government is accomplished through visual inspection, the Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within ten days after receipt of the contractor's written request.

If re-inspection results are still unacceptable without re-work, the Contractor shall pay the actual costs incurred by the Government for the re-inspection. Actual costs will be determined by the use of detailed logs indicating time spent, transportation utilized, etc.

C.4.2.4 Re-inspection after Rework: The Government will charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary.

C.5 RATES OF PAYMENT

C.5.1 Current Contract Rates: Included timber that is designated for cutting shall be paid for or conservation credits established prior to removal at the rates specified in this contract.

C.5.2 Rate Redetermination: Contract unit prices (Rates) may be redetermined as set forth is this section. This only includes rates for contract items.

C.5.2.1 Rate Redetermination for Environmental Modification or Catastrophic Damage: In the event of a contract modification under the Changes Clause due to environmental modification or catastrophic damage, the Contracting Officer may require a new Treatment Plan and Contract unit prices. The new Treatment Plan and Rates must be agreed upon by the contractor and the BLM or the contract may be terminated in accordance with the contractual provisions.

C.5.3 Other Payment Rates: If timber is found to be cut by mistake, timber damaged with negligence or unnecessarily damaged or willfully cut by the contractor, the contractor will be subject to liquidated damages. This will be likely to cause substantial silvicultural or other damage to public lands. It will be difficult, if not impossible, to determine the amount of such damage. Therefore, the contractor shall pay a rate of $25.00 per tree for neglegant and or inadvertent cutting or willfully damaging of trees. If designated, contractor shall remove such damaged or cut timber.

C.6 PAYMENTS

It is anticipated that funds will be exchanged in the performance of this contract, and that the value of the fuelwood and biomass will offset some of the value of the work to be performed. If payment is to be made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments. The value of work and timber being removed will be documented in a statement of account.

C.6.1 CONSERVATION CREDITS: Conservation Credits (CC) are credits that are earned and established when work listed in the schedule has been performed, accepted, and invoiced. CC shall be earned at the rate as shown in the schedule. Earned CC may be used to pay for included timber value. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

Notwithstanding references to payments in “Payment” clauses or provisions of his contract, payment for Work Activities will be made with CCs under C.6.2, Establishment of Conservation Credits or C.6.3, Excess Conservation Credits.

C.6.2 ESTABLISHMENT OF CONSERVATION CREDITS: Conservation Credits (CC) will be established on a monthly basis. CC will be established for the number of units of each activity that have been completed, accepted and invoiced. Acceptance may be for all, or a reasonable portion of, any specific activity.