Appendices Document.pdf

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ATTACHMENT

LIST OF APPENDICES

The following attachments are made a part of this solicitation and any resultant contract.

1. Appendices

Appendix A - Work Activity Items.

Contract Maps Crown Position Classification.

Detailed Information Sheet.

Silvicultural Summary Prescription Thinning Inspection Plot Form.

Quality Assurance Surveillance Plan Waterbar Specifications Surface Blading Specifications

Appendix B - Timber Removal Project Terms and Specifications.

Scaling Specifications Scaling Deposits Requirement for Forest Practices Act Notification Use of Timber Contractor Certification Appendix C - Road Maintenance

Specification List for Road Maintenance.

Contract Road Maintenance Requirements Summary Table.

Drawings for Road Maintenance.

Appendix D - “State of Idaho Dept. of Lands” Notification of Forest Practice Form.

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APPENDIX A - DESCRIPTION/SPECIFICATIONS/WORK STATEMENTS

I. SPECIFICATIONS

INTRODUCTION

Background.

1. This stewardship contract utilizes land management activities of precommercial tree thinning, fuels reduction, and stand improvement activities in terraced Ponderosa Pine Plantations in the Alder Creek Summit Area to reduce the tree density and, the risk for stand replacing fire by the deliberate selection of leave trees, improve the overall health and condition of the stand based on the prescribed objectives. Tree selection and cutting of undesirable or excess trees will provide space for the leave trees to grow and develop, reduce the incidence of insect and diseases that affect growth, and undesirable tree qualities. Tree thinning and associated slash treatment work is also to reduce hazardous fuels and uncharacteristic fire behavior on National Forest Lands adjacent to private lands and residences.

SCOPE OF CONTRACT

The solicitation is for tree thinning and stand improvement activities with optional forest product removal on the Boise National Forest, Idaho City Ranger District. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), and incidentals to perform all work necessary on the areas specified. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire unit.

This contract is a Performance Based, firm-fixed price contract.

Location and Description

This project is located on the Idaho City Ranger District on the Boise National Forest.

The location of the contract units is shown on the Vicinity Maps and Contract Maps exhibit 1.

The boundaries of the contract units are generally marked with blue vinyl ribbon. Elsewhere, boundaries are defined by roads. Roads, are used here, shall mean the well traveled portion of the road; cut banks and fill slopes may be within the contract units.

Access.

The general work vicinity may be reached by Forest Roads that are accessible by standard two-wheel drive pickup during normal operating seasons. A four-wheel drive may be needed when roads are wet, icy or snow covered. Some roads shown on vicinity maps may not be drivable with the use of 2-wheel or 4-wheel drive vehicle.

Individual thinning units may be only accessible by walking more than 1 mile on foot or fully accessible with the use of ATV’s (All Terrain Vehicles) with minor brushing of old Forest Roads and skid trails.

These areas are identified on the Project Data Sheet and state "Access: ATV or walking".

Refer to Government furnished property and services and Contractor requirements for additional information on access to the treatment areas.

DEFINITIONS

Access point. The point identified for access to TSI areas.

Acceptable (Stocking) Density. The number of trees between the minimum and maximum specified in the Silvicultural Summary Prescription.

Commercial Item – AG-0261-S-09-0064 Alder FHP Pg. 3 Calendar Days. Every day shown on the calendar, Sundays and holidays included.

Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer

Contract Time. See Period of Performance.

Cull Tree. Those trees defined as Damaged and/or defined as Diseased or Damaged in the Silvicultural Summary Prescription.

Damage. Defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumference of the tree.

Diameter breast height (dbh). The diameter of the trunk measure at a point 4-1/2 feet above the ground level on the uphill side of the tree.

Dominant tree. Tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

Excess trees. Uncut trees that, according to specification, should have been cut. Trees not severed from the stump, hang-up trees, stumps with live limbs. When girdling or pruning is required, excess trees also includes trees not girdled or trees not pruned that, according to specification, should have been girdled or pruned.

Girdle. A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

Hang-up tree. Any cut tree suspended more than 3 feet off the ground.

Leave Trees. Any tree that is selected or required to be left standing according to requirements in Contractor Work Requirements and Standards on page 12.

Leave Trees per acre. The number of leave trees within one acre. Generally referred to average leave trees per acre calculated from one or more plot samples.

No. of trees per plot X reciprocal of plot size = leave trees per acre and

Total trees on all plots X reciprocal of plot size = leave trees per acre Total no. plots taken

Live limb. A limb of any size that has green needles attached.

Missing leave trees. Trees cut that should have been selected as a leave tree.

Period of Performance (also Performance Period or Contract Time). The number of calendar days allowed in the contract for completion of contract work.

Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP) (pages 43-47).

Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

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Slash. Trunks of cut trees, and/or limbs created by the Contractor’s operations.

Spacing. The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree. Average spacing is calculated from the leave trees per acre.

Sanitation. The felling, pruning, or girdling of disease infected or disease susceptible trees to protect residual trees from infection.

Stream course. The area along a stream with riparian vegetation and other riparian characteristics.

Stream courses are noted on the project maps. They typically require special treatment, which may include alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. The Silvicultural Summary Prescription will specify special treatments.

Special Protection Area. A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel or fueling of saws. Refer to the Silvicultural Summary Prescription for required practices.

Thinning slash. Debris created from work under this contract, including all cut trees and exsiting slash from blow downs ect including the tops, trunks , and branches.

Unsatisfactory Tree. Cutting of a tree that fails to meet contract standards; includes but is not limited to:

cutting the wrong tree, failing to cut a correct tree, failure to completely sever a live limb, etc.

Failure to prune a tree or pruning that is not in contract.

Failure to girdle a tree that meets the specifications is also an unsatisfactory tree.

Unsatisfactory trees are considered a deficiency or discrepancy in contract inspection.

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II. GOVERNMENT FURNISHED PROPERTY

The property and services that will be provided by the Government are as follows:

Item Description Where, When, How Project Maps Maps of units with access roads identified. Provided - Exhibit 01 Crown Position Classification

Visual and verbal characterization of tree classes Provided - Exhibit 02

Summary Information Chart

Table with summary unit information Provided - Exhibit 03

Silvicultural Summary Prescription

Treatment prescription for each unit. Provided - Exhibit 04

Access Roads The Government will provide access to the point indicated on project maps. The Government will initially clear down trees from the access roads.

Access roads are accessible by 2-wheel drive vehicle.

Provided in the specifications, Access.

Access behind locked gates

Some units are behind Forest road closures (locked gated). The Government will provide a permit and combination lock to the Contractor.

During period unit is being treated.

Thinning Inspection Plot Form

Form R4-2400-4 (2-99). Quantity necessary to inspect the contract

Provided at Prework meeting. Sample provided - Exhibit 05.

Wage Determination Sheet Exhibit 06

Commercial Item – AG-0261-S-09-0064 Alder FHP Pg. 6 III. CONTRACTOR WORK REQUIREMENTS and STANDARDS

General.

Road Access. The Contractor may access the units from forest roads indicated on project maps. Some units require the Contractor to walk; vehicular access is to the unit access point along forest roads as indicated on contract maps. After initial clearing of the access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access units.

Walk-in areas. Units indicated as ‘walk-in’ units as indicated on the Summary Information Chart cannot be driven to by vehicle.

Locked gates. In cases where units are behind locked gates, the Contractor shall close and lock gates after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the unit with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

Tree Thinning. Thinning reduces the density of young tree stands and by purposeful selection of leave trees improves the stand composition and condition as prescribed for each individual unit.

Selection of leave trees

The Contractor shall utilize the Silvicultural Summary Prescription, characteristics of desirable leave trees (refer to definitions) and requirements in this section for selecting the leave trees. The prescription is based on the overall composition and condition of the stand and is intended to be a guideline for achieving the desired final condition. The Contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the prescription. The Contractor shall recognize any insect, disease or animal damage problems and report them to the Contracting Officer if it not recognized in the prescription. The Government, at the suggestion of the Contractor, may revise prescriptions with approval by the Contracting Officer. Alternate prescriptions must meet the overall stand objectives to be considered by the Contracting Officer.

The acceptable density, preferred species, and unique unit requirements for selecting leave trees are defined in the Silvicultural Summary Prescription.

Spacing method for leave tree selection. The Contractor shall select the most desirable leave trees based on the Silvicultural Summary Prescription and desirable leave tree characteristics within the acceptable stocking density. Alter the spacing to select the most desirable tree within 50% of the spacing guide identified in the prescription.

Cutting trees not selected as leave trees

All trees not designated as leave trees shall be cut. Leave trees shall not be damaged in the operation.

Care shall be taken to prevent damage to leave trees from felling, skidding, forwarding and machine piling operations. Cut trees shall be directionally felled to lead toward designated skid trails and yarder points to minimize leave tree damage from the yarding operation. Acceptable damage shall be no more than 5% of the leave trees.

Leave trees will be considered damaged if bark has been removed from 50% or greater of the stem circumference. Any tree meeting damage tree criteria shall be fell and skidded to a landing or designated disposal site. Damage caused by contractors operation to more than 5% of leave trees may be cause for contract termination.

All cut trees shall be completely severed, and have no live limbs (as defined in DEFINITIONS) remaining on the stump, to prevent the tree from growing new vegetative material. Cut trees shall be secured so they do not roll down hill and shall not be hung up on other trees or vegetation.

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Girdling. Not Applicable

Release. Not applicable.

Slash Treatment. Treatment of slash created in TSI and/or Logging operation to acceptable conditions.

All thinning slash shall be less than 1.5 feet high, placing it on or near the ground surface. Cut material shall not lean against an uncut tree, stump, log or any obstacle. It shall be secure and not able to roll down the hill.

Slash treatment shall be concurrent and progressive with the thinning. The Contractor shall not move onto a new unit without completion of slash treatment, unless otherwise approved by the COR.

All trails indicated on the project maps and all open roads within or adjacent to the unit shall be kept free of slash at all times.

The following improvement and developments shall be free from slash created by the tasks in this contract:

The area adjacent to cut slopes and ditches for a distance of 5 feet measured from the upper cut slope of the road.

The area adjacent to fill slopes for a distance of 2 feet measured from the lower shoulder of the road.

Culverts for a distance of 15 feet.

Improvements such as unit boundaries, roads, telephone lines, stock driveways, fence lines, established land corners.

Stream courses as required in Resource Protection (below)

Piling. When required by the Silvicultural Summary Prescription, slash shall be piled. Piles shall be constructed as specified in the Silvicultural Summary Prescription (4. Slash Treatment) to facilitate full consumption when they are burned. Piles shall be located to minimize damage to residual trees when the piles are burned.

Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work.

Ips bark beetles are a continuing problem on most or all of the thinning units within this contract area. If trees are thinned between the period of September 15 and July 1 the contractor may also be required to provide a continuous food chain of green trees for the ips bark beetle during the period of July 1 to September 15 as part of the thinning operation and/or be required to leave 10% of the unit(s) unthinned to provide a source of green trees for future ips food. Such green material shall be provided from periodic cutting or thinning within the unit(s); or where such material is inadequate or not available, green material may be provided by thinning of non-included trees adjacent to the unit boundary upon approval of the Contracting Officer. Thinning outside the unit boundaries shall not exceed 10% of the unit acres

Existing Facilities. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, erosion dips, barriers and drainage, developments and streams and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

2. A. Any operator or other worker who, in the opinion of the Contracting Officer, does not perform their work to specifications or does not perform in a skillful manner shall be removed by the Company upon written request for the Contracting Officer. Work shall

Commercial Item – AG-0261-S-09-0064 Alder FHP Pg. 8 not be permitted in more than two Contract units at a time without the approval of the

COR.

Stream courses. The Contractor shall minimize damage to stream courses. The following measures shall be observed to protect stream courses.

1. Contractor's operations shall be conducted to prevent soil and vegetative debris from entering stream courses. In event Company causes debris to enter stream courses in amounts which may adversely affect the natural flow of the stream, water quality or fishery resource, Company shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to stream courses.

2. Culverts or bridges shall be required on temporary roads at all points where it is necessary to cross stream courses. Such facilities shall be of sufficient size and design and installed in a manner to provide unobstructed flow of water and to minimize damage to stream courses.

3. Wheeled or track-laying equipment shall not be operated within RHCA’s except at crossings designated by Forest Service. If crossing drainage is necessary, it shall be done at designated locations on existing roads with stream crossing structures in place.

4. Flow in stream courses may be temporarily diverted if such diversion is necessary for Company’s planned installation and Forest Service gives written authorization. Such flow shall be restored to the natural course as soon as practicable and in any event prior to a major storm runoff period or runoff season.

3. 5. Pollutants such as fuels, lubricants, bitumen’s, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged

Erosion Control. Adequate erosion control measures shall be taken on all roads, skid trails, landings, and temporary roads after they have served Company’s purpose as directed by the Forest Service. Measures may include water barring, cross-ditching, placement of slash, or out sloping to permit water to drain or spread. Erosion control measures must be in place before seasonal periods of precipitation, run-off, or cease of operations in the project area.

Salvage. Not Applicable.

Quality Control. The Contractor shall prepare a Quality Control Plan as described in INSPECTION AND ACCEPTANCE. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

Work Plan and schedule. The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in DELIVERIES OR PERFORMANCE.

The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award, but within 7 days before starting work.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

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The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

Camping and Worksite Conditions. The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions will be consistent with the requirements of SPECIAL CONTRACT REQUIREMENTS, and supplementary attachments.

Communications. The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor's representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

On-site Representative. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

STANDARDS

OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25 is available at http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

Work Statement

Performance Standard

Gov’t Method of Assessment

Incentive/ deduction

Tree Thinning 4. Quality meets or exceeds performance standard of 90%.

5. COR or inspector conduct periodic monitoring of operations and random plots consistent with Thinning Inspection Method described in FSH 2409.17,

6.4 Exhibit 04.

The Contractor’s quality will be reflected in the performance evaluation either as positive or negative incentive.

If Contractor achieves 90% or greater quality, the Contractor will receive full unit price as incentive.

If Contractor does not achieve at least 90% quality, may require rework and/or deductions.

as per CONTRACT ADMINISTRATION DATA and adverse performance evaluation.

Sanitation 6. Meets sanitation treatment requirements.

7. COR or inspector conduct periodic monitoring

Rework required if Contractor fails to meet standard

Slash Treatment

Meets slash treatment requirements.

COR or inspector conduct periodic monitoring

Rework required if Contractor fails to meet standard.

http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

Commercial Item – AG-0261-S-09-0064 Alder FHP Pg. 10 Work Statement

Performance Standard

Gov’t Method of Assessment

Incentive/ deduction

10. Contractor maintains good quality control on all aspects of operation. Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

11. COR or inspector randomly sample and observe operations.

The quality of Quality Control provided by the Contractor will be reflected in the performance evaluation as either positive or negative incentive.

If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately.

Result in adverse performance evaluation.

8. Quality Control

Contractor’s plot inspections are +/- 5% of Government’s quality. Inspection completed to meet timeframes.

COR or inspector randomly observe Contractor inspection.

Review Contractor inspection sheets.

The ability of the Contractor to meet the standard will be reflected in the performance evaluation as either positive or negative incentive.

When Contractor’s plot inspections meet standards, no deduction.

If quality does not meet standard, pay deduction (CONTRACT ADMINISTRATION DATA) and/or additional costs to the Government will be assessed

12. Work Plan and Schedule

13. Work meets schedule as per the accepted work plan.

14. COR and inspector conduct periodic monitoring.

The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance evaluation as either positive or negative incentive.

Work not completed on schedule is subject to Default and may result in assessment of actual costs.

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IV. INSPECTION AND ACCEPTANCE

CONTRACTOR QUALITY CONTROL PLAN

15.

16. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP at start of work based on items awarded to the Contractor and Government comments.

17.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage.

Plot Inspections. The Contractor shall maintain a plot system that provides an unbiased sample of thinning quality made of 1/20th acre plots and which represents the entire area treated. At least a 2-percent of each treated unit, or at least 5 plots per treated unit (which ever is greater) shall be sampled.

The Government may observe or re-inspect the Contractor’s plots at any time.

Plots shall be marked and identifiable on the ground.

Contractor shall provide written inspection data by unit that meets contract requirements and a sketch map with plot locations. The Contractor shall use the Thinning Inspection Plot Form (R4-2400-4 (2/99) provided (Exhibit 05) and described in FSH 2409.17, 6.4, Exhibit 04. Local codes are specified on Form R4-2400-4 (Exhibit 05) and are in addition to those described in FSH 2409.17.

All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be signed and dated by the person who conducted the inspection.

Tree Thinning Quality shall be calculated based on the equation specified on Thinning Inspection Plot Form R4-2400-4.

Quality = 1- Improper Leave tree Selection “Cat A” + Excess Trees “Cat B” X 100% Satisfactory Trees left (S1, S2) up to maximum + credit for non-stocked spots (S3,S4)

Trees in excess of the maximum number of acceptable trees will be considered unsatisfactorily selected (either Category B or C). Deductions for improper tree selection and improper treatment shall be included in the inspection quality.

Release quality: Not Applicable.

Slash Treatment and Sanitation Treatment quality must reflect full compliance with requirements.

Acceptance. The Contractor’s Quality Control inspections for thinning shall be within 5 percent of the Government quality assurance to be considered acceptable.

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18. Failure of the Contractor to provide tree thinning quality resulting in inspection results within 5-percent of the Government’s quality assurance at the completion of a unit, will deem the Contractor’s quality control unacceptable and will result in payment for that unit based on results of the Government’s quality assurance. If the Government’s results are objectionable to the Contractor, a re-examination may be requested in writing.

The same plot method will be used, but new plots will be selected. Plots may overlap but do not duplicate plot centers. At least a 2-percent of each treated unit, or at least 15 plots per treated unit (which ever is greater) shall be sampled by the Government. If the results of the re-examination support the Contractor’s submitted quality control results, those results will be considered acceptable and used for pay. If results of the re-examination support the Government’s quality assurance results, the Government’s results will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

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V. DELIVERIES OR PERFORMANCE

DELIVERIES

Contract Performance Time and Required Rate of Progress

The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

Contract Time. (See Period of Performance definition). The Contractor shall start work promptly after receipt of a Notice to Proceed. Each Item will run concurrently. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Item* Estimated Beginning Date Acres Completion Date 1 August 15, 2009 186 acres November 1, 2011 2 October 15, 2009 104 acres November 1, 2011 3 October 15, 2009 41 acres November 1, 2011

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) Contract Time will start when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

Unfavorable Conditions. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification during the period November 1 to May 15.

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

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VI. ACCEPTANCE AND REWORK

Tree thinning.

When the Contractor’s inspection results are below the performance standard of 90 percent quality based on the Contractor’s quality control inspection and verified by the Government monitoring, and Category B excess trees (refer to Inspection Plot form, R4-2400-4) contribute to the deficiency, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines excess tree deficiency to be minor or an isolated situation that will not result in any material differences in the total number of trees to be left.

When the total number of deficiencies in Category C, (refer to Thinning Inspection Plot Form, R4-2400-4) exceed 5-percent of the maximum stocking density, based on the Contractor’s quality control inspection and verified by the Government monitoring, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines the deficiencies to be minor in nature.

Slash Treatment and Dwarf Mistletoe Sanitation. Acceptance will be determined based on the Contractor’s quality control inspection and verified by the Government monitoring and will be based on adherence to the specifications stated in the contract. Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

Acceptance. Acceptance will be determined based on compliance with the contract specifications.

Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.246-4 Inspection of Services.

If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

The Government will conduct assessment plots up to 2 times after the initial assessment for quality assessment after rework.

The Government will assess the Contractor the actual costs of conducting the additional quality assurance after rework. Items that may be included in the actual damages includes but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging that are incurred during the additional quality assurance.

Work completed after the performance period after a determination that there is no excusable delay. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage include but are not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

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VII. CONTRACT ADMINISTRATION DATA

MEASUREMENT

The area to be thinned is stated in the Summary Information Chart and Silvicultural Summary Prescription. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. Acreage for thinning units as described on the Schedule of Items, Summary Information Chart and Silvicultural Summary Prescription have been estimated from maps or aerial photography prior to the establishment of boundaries posted on the ground. The government may recalculate unit acreage using GPS (geographical positioning system) methods or on-ground measurements following establishment of on-ground boundary locations. Recalculation of unit acreage may result in a net increase or decrease in Contractor's final payment. Contractor will be paid based on the Government's most accurate acreage estimates.

Re-measurement. The Contractor may at any time after award request re-measurement of any sub-item. The request must be in writing within 10 calendar days after completion of a unit or pay item. Re-measurement shall be made within established boundaries.

If re-measurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

If re-measurement results in a variance greater than 5 percent in the acreage stated in the Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

CONSERVATION CREDITS

Conservation Credits (CC) are credits that are earned and established when Land Management Activities listed in the schedule have been performed and accepted. CC shall be earned at the rate as shown in the schedule.

Earned CC may be used to pay for Forest Product value if optional removal is awarded and Contractor removes this material from the project area. Unless otherwise indicated in the Schedules, CC will be earned based upon Actual Work/Quantities accomplished and accepted.

Note Conservation Credits (CC) will only be earned if optional removal is awarded.

ESTABLISHMENT OF CONSERVATION CREDITS

Conservation Credits will be established on a monthly basis. CC will be established for the number of units of each activity that have been completed and accepted. Conservation Credits will not be established for work that is in progress that has not been accepted by the Forest Service.

EXCESS CONSERVATION CREDITS

In the event there are unused established Conservation Credits when all of the Forest Product material has been removed the Forest Service will make cash payment for the unused Conservation Credits in accordance with Payment Clauses in Section VII.

ADVANCE DEPOSITS

If government elects to award Optional Removal of thinning material, Contractor agrees to establish Conservation Credits, provide payment guarantee, or make cash deposits in advance of removing material to meet charges specified in the Forest Product Removal Specifications (Section J Exhibit 08 and Exhibit 09).

Forest Service billings for advance deposits shall be in such an amount that the unobligated balance is equal to the applicable charges for Forest Products the Forest Service estimates will be removed in not less than 30 calendar days and not more than 60 calendar days. Contractor shall not be required to make advance deposits above those required under this provision when the credit balance in Timber Removal Account exceeds the charges for forest product estimated to be removed in the next 60 calendar-day period.

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The Contractor shall make cash deposits, if needed, to meet Contractor’s obligations within 15 calendar days of billing by Forest Service. Deposits shall be made to Forest Service, USDA, by mail or delivery to Collections Officer at address to be furnished by the Forest Service. An explanation of billings will be issued at the time of each request for such deposits.

If at any time the value of established, unused CC plus the amount of any payment guarantee and/ or advance cash deposits is not sufficient to cover the value of forest products to be removed in the next 10 days the hauling of forest products will be suspended until such time as more CC are established or cash is deposited.

CASH PAYMENT FOR LAND MANAGEMENT ACTIVITIES

In lieu of using established Conservation Credits, or when established CC’s exceed the value of forest products to be removed, the Forest Service may elect to pay the Contractor in the form of a cash upon completion and acceptance of work in accordance with methods established in Section G.3 and Payments Clauses Section I.

METHOD OF CALCULATING PAYMENT

The Contractor’s Quality Control

For each completed unit, the Contractor’s quality control inspection percentage for tree thinning will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment.

When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment.

19. Payment calculation Payment less damages will be based on the following methods.

Quality at fully acceptable performance- meets or exceeds 90 percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable, a payment will be made that provides payment at the unit price for the sub-item.

Payment Example: With a unit price of $100 and a unit size of 40 acres, the bid price would be $4,000.

If the Contractor’s work quality were 95 percent, payment would be $4,000.

Quality at less than fully acceptable performance- less than 90 percent. Whenever the quality of work is below 90 percent (full pay) based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work is unacceptable and the value of services provided significantly reduced.

Therefore, a deduction will be made for less than fully acceptable performance in accordance with the following: Graduated deductions will be made that increase as the quality decreases. For each 1-percent that quality decreases between 90 and 70 percent, a 2-percent deduction in the unit price will be made. No payment will be made for units where quality of work is below 70 percent.

Payment Example: With a thinning quality of 85 percent, the deduction would be: 10 percent for quality between 85 to 90 percent (5 x 2%). Therefore, the full deduction would be 10 percent, resulting in the Contractor receiving 90 percent of the bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 85 percent thinning quality, payment would be:

$100 x 90% x 40 acres = $3,600.

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Payment Example: With a thinning quality of 70 percent, the deduction would be: 40 percent for quality 70 to 90 percent (20 x 2%). Therefore, the full deduction would be 40 percent, resulting in the Contractor receiving 60 percent of bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 70

$100 x 60% x 40 acres = $2,400.

METHOD OF CALCULATING AND ESTABLISMNENT OF CONSERVATION CREDITS

The Contractor’s Quality Control

For each completed unit, the Contractor’s quality control inspection percentage for tree thinning will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment.

When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment.

20. Conservation Credit Calculation Payment less damages will be based on the following methods.

Quality at fully acceptable performance- meets or exceeds 90 percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable. A Conservation Credit will be established for the unit price for that sub-item.

Example: With a unit price of $100 and a unit size of 40 acres, the bid price would be $4,000. If the Contractor’s work quality were 95 percent, the Conservation Credit would be $4,000.

Quality at less than fully acceptable performance- less than 90 percent. Whenever the quality of work is below 90 percent based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work is unacceptable and the value of services provided significantly reduced. Therefore, a deduction will be made for less than fully acceptable performance in accordance with the following: Graduated deductions will be made that increase as the quality decreases. For each 1-percent that quality decreases between 90 and 70 percent, a 2-percent deduction in the unit price will be made. No Conservation Credits will be made for units where quality of work is below 70 percent.

Example: With a thinning quality of 85 percent, the deduction would be: 10 percent for quality between 85 to 90 percent (5 x 2%). Therefore, the full deduction would be 10 percent, resulting in the Contractor receiving 90 percent of the bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 85 percent thinning quality, payment would be:

$100 x 90% x 40 acres = $3,600.

Example: With a thinning quality of 70 percent, the deduction would be: 40 percent for quality 70 to 90 percent (20 x 2%). Therefore, the full deduction would be 40 percent, resulting in the Contractor receiving 60 percent of bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 70

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$100 x 60% x 40 acres = $2,400.

Note Conservation Credits (CC) will only be earned if optional removal is awarded.

Unacceptable Work

Any unit, with quality less 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default.

When work quality falls below 90 percent in areas of ¼ acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 80 percent, the area may be separated from the sub-item and payment made in accordance with.

Any unit slash treatment and sanitation treatment quality must reflect full compliance with requirements.

Noncompliance with any of the specifications will classify the treatment as unsatisfactory and rework will be required before a payments is made.

Any work quality that the Government determines to be unacceptable and is not corrected, will be so noted in the performance evaluation.

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VIII. SPECIAL CONTRACT REQUIREMENTS

KEY PERSONNEL

The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

CONTRACTOR REPRESENTATIVE

FOREMAN/WOMAN

INSPECTOR

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

The contract will be modified to reflect any approved changes of key personnel.

FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

1. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

2.

3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

4.

5. An equitable adjustment in contract time may be made for this period.

6.

7. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.2.

below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a, are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Powersaws. For each powersaw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special…