ATTCH02_Statement_of_Work_.docx

Kootenai National Forest Rexford/Fortine Ranger Districts, Machine Piling Statement of Work 8/22/2011

SECTION C - SPECIFICATIONS

C-1 – SCOPE OF CONTRACT. The purpose of this performance based contract is to secure services to accomplish stand treatments related to the reduction of fuel loading through excavator piling. This work may occur on slopes up to 35% and on rocky terrain. The contractor shall furnish all technical expertise, labor, equipment, supervision, tools, transportation, operating supplies, and incidentals necessary to complete the required work in accordance with the specifications, and terms of this solicitation and any resultant contract.

C-2 - LOCATION AND DESCRIPTION. The work is located within the Fortine Ranger District and Rexford Ranger District of the Kootenai National Forest, headquartered in Fortine, Montana and Eureka, Montana, respectively. Vicinity and project maps are included in this solicitation. Contact Pat Price or John Parrish for more information. District travel maps are also available at the district office.

All items or a combination of the following items, may be awarded depending on prices received and funding available during the life of the contract.

(1) Location of Projects: These projects are located on the Fortine Ranger District and Rexford Ranger District.

Item 1 – Elk Mountain North #3 Excavator Piling is one unit (11 acres) located approximately 19 miles (by road) south of the town of Trego, MT in Township 31N Range 26W on the north side of Section 4. Access from the town of Trego via Forest Road 36 (Fortine Creek), travel approximately 15.5 miles south then turn left onto Forest Road 3500 (Gray Creek), travel approximately 3.7 miles. The unit is located on the right or east side of the road marked in orange boundary paint (see project map for location). In this unit, excavator piling shall be performed on an area of 11 acres. The machine work shall be accomplished on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 2 – Elk Mountain North #8 Excavator Piling is one unit (30 acres) located approximately 19.5 miles (by road) south of the town of Trego, MT in Township 32N Range 26W on the south side of Section 33. Access from the town of Trego via Forest Road 36 (Fortine Creek), travel approximately 15.5 miles south then turn left onto Forest Road 3500 (Gray Creek), travel approximately 4.1 miles. The unit is 0.4 miles up the road from Unit #3. The unit is located on the left or west side of the road marked in orange boundary paint (see project map for location). In this unit, excavator piling shall be performed on an area of 30 acres. The machine work shall be accomplished on dry or frozen ground. Piling will be conducted from existing skid trails only. Dozer work will not be accepted for this contract.

Item 3 - Elk Mountain North #9 Excavator Piling is one unit (41 acres) located approximately 20.8 miles (by road) south of the town of Trego, MT in Township 32N Range 26W in the northeast corner of Section 33. Access from the town of Trego via Forest Road 36 (Fortine Creek), travel approximately 15.5 miles south then turn left onto Forest Road 3500 (Gray Creek), travel approximately 5.4 miles and turn left onto Forest Road 3500H. This is 1.3 miles up the road from Unit #8. The unit is located approximately 0.3 miles behind the gate on the left or south side of the road marked in orange boundary paint and pink flagging where the piled unit is not the harvest unit boundary (see project map for location). In this unit, excavator piling shall be performed on an area of 41 acres. The machine work shall be accomplished on dry or frozen ground. Piling will be conducted from existing skid trails only. Dozer work will not be accepted for this contract.

Item 4 – Whiskibas #10 Excavator Piling is one unit (102 acres) located approximately 13.8 miles (by road) south of the town of Trego, MT in T32N R26W in the southwest side of Section 3 and the east side of Section 4. Access from the town of Trego via Forest Road 36 (Fortine Creek), travel approximately 10.6 miles south then turn left onto Forest Road 3529 (White Creek), travel approximately 2.9 miles and turn left onto Forest Road 3605. The unit is approximately 0.3 miles behind the gate (see project map for location) on the right or east side of the road. The unit is marked in orange boundary paint and blue flagging where the piled unit is the harvest unit boundary. Only the portion of the harvest unit on the right or east side of the road will be piled. In this unit excavator piling shall be done in an area of 102 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

Item 5 - Ten Allen #1Excavator Piling is one unit (21 acres) located approximately 25 miles (by road) south of the town of Eureka, MT in T33N R29W southeast corner of Section 2. Access from Eureka on Highway 37. Travel south for approximately 25 miles, turn right into Rocky Gorge Campground and continue straight on the spur road where the main road curves to the right. Travel through the gate to the end of the road. The unit boundary is marked by blue flagging where the piled unit follows the harvest unit boundary and blue and white striped flagging where the piled unit does not match the harvest unit boundary. In this unit excavator piling shall be done from existing skid trails in an area of 22 acres. The machine work shall be done on dry or frozen ground. Dozer work will not be accepted for this contract.

(2) Accessibility. The general vicinity of the contract areas may be reached by forest roads that are accessible by standard pickup during normal operation season (approximately June to October). The Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open. Individual stands are accessible by combination of 2- or 4- wheel drive. It is the Contractor's responsibility to keep current on road restrictions. A written request to access closed roads by motorized vehicles shall be submitted for approval by the District Ranger or designated Staff Officer. Request for road access should be made one week prior to useage with the Contracting Officers Representative (COR). The Contractor shall lock all gates upon entering and leaving the unit area. For planning purposes, the Contractor should assume that the motorized travel will be restricted on roads not shown on the District Travel Plan Map.

Some roads are not shown in their entirety, or are not shown at all on the District Travel Plan Map. Contact the COR regarding access.

Timing of road use may have to be coordinated with other users.

Roads will be open/closed as shown on the District Travel Plan Map and is usually updated annually.

(3) Boundaries. The unit boundaries are sale unit boundaries AND/OR are flagged with ribbon flagging, various colors of flagging may have been used (see C.2 (1) Locations and Descriptions above). Small exclusions may be flagged out. For detailed information concerning unit boundaries contact the COR.

(4) Detailed Unit Information. Additional information can be obtained by contacting Pat Price at (406) 296-2536 or (406) 882-4451 during business hours.

C-3 - DEFINITIONS

Access point – The point identified for access to the fuel reduction areas.

Calendar Days – Every day shown on the calendar, Sundays and holidays included.

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

Contract Time - See Period of Performance.

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.

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

Piling – create piles of slash in accordance with Performance Standards.

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).

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).

Slash – limbs and trunks of downed trees.

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 shrubs including the tops, trunks, and branches.

C-4 - CONTRACTOR RESPONSIBILITIES

(1) PERFORMANCE STANDARD (Piling) – Accumulations of slash shall be placed into piles that are compact and relatively free of dirt and decomposed duff. Accumulations of slash will be defined as slash concentrations over a one-tenth acre area that could be piled to the minimum height of 6 feet and not more than 10 feet in width. The Contractor shall pile at least 80% of the slash that is less than 7 inches in diameter on the large end. Piles shall be kept as far away from designated leave trees as feasible and at least 25 feet from unit boundaries. Roads shall be kept clear of Contractor created slash piles from the top of the cut slope to the toe of the fill. Piles shall not be less than 6 feet in height and not more than 15 feet in width. The slash shall be gathered and piled, with slash aligned in the same direction as much as possible. No stumps shall be placed in piles. Piles stacked in teepee fashion are not acceptable. Rolling the piles to compact them is preferred. Piling in all units except Elk Mountain North #3 will be conducted from trails made during the mechanized harvest operation, both skid trails and where other machines have left the main trail to cut trees.

(2) PERFORMANCE STANDARD (Coarse Woody Debris) – The Contractor shall leave the majority of woody material greater than seven inches in diameter on the small end. In the Ten Allen #1 unit (Item 5), a minimum of 5 tons and a maximum of 7 tons per acre of the larger (7” diameter at the small end and greater) material shall be left out of the piles and evenly distributed throughout the unit. Material to be left shall be relatively free of limbs and needles.

(3) PERFORMANCE STANDARD (Timeliness) - The Contractor shall complete all work designated under this contract by date specified for each item under Period of Performance section.

(4) PERFORMANCE STANDARD (Slash Treatment) - All slash piling shall be conducted in such a manner as to allow operations without damaging residual trees. All standing trees shall be retained in an undamaged condition. Existing slash shall be piled by the date specified for each item under the Period of Performance section. Slash shall be pulled back 15 feet from culverts on the fillslope. No slash shall be left on roads or fill-slope after piling.

(5) PERFORMANCE STANDARD (Protection of Existing Facilities, Developments and Resources) -

Resource Protection - The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

Existing Facilities - If existing facilities, such as roads, culverts, erosion dips, drainage facilities, barriers, fences, section corners, and bearing trees are damaged by the Contractor’s operations, they shall be replaced or repaired by the Contractor at no cost to the Government.

Protection of Streamcourses - The Contractor shall minimize damage to streamcourses. Machinery shall not enter closer than 50 feet of any intermittent stream, 150 feet of any year round non fish-bearing stream and 300 feet of any fish-bearing stream. Slash shall be pulled out of dry draws with defined channels and draws that have the potential to flow water. Piling in or crossing any intermittent stream, year round stream, or wet area is strictly prohibited.

Cultural Resources - The Contractor shall protect all “Areas to Protect”, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. The Contractor shall immediately notify the Forest Service if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Forest Service authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. Wheeled or tracked equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless agreed otherwise, trees shall not be felled into such areas.

Special Treatment Areas - Treatment and salvage will not be allowed in flagged special treatment areas. Excavators shall not enter special treatment areas.

(6)PERFORMANCE STANDARD (Prevention and Control of Soil Erosion) - The Contractor shall minimize soil erosion. Precautions shall include prevention of gullying of roads and skid trails within and adjacent to the piling units. On steeper ground the excavator shall not use the same path to move around to the extent that rutting in the traveled path begins to form. If existing drainage structures, such as waterbars, are damaged during piling, the Contractor is responsible for repairing them to their original functionality. Equipment shall not be operated when ground conditions are such that excessive damage will result. The Forest Service shall suspend operations of any machine work when they deem conditions are not conducive to piling. This may include steep slope, wet soils, puddling due to rain or thawing. Soil moistures greater than 18% will be considered potentially damaging ground conditions.

(7) PERFORMANCE STANDARD (Noxious Weed Control) - The Contractor shall clean all off-road equipment prior to entry into each unit, unless prior approval is received from the COR. Remove all dirt and plant parts and material that could carry noxious weed seeds into the unit. Only off-road equipment so cleaned and inspected by the Forest Service will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. “Off-road equipment” does not include personal vehicles or support equipment that remains on the main travel route.

Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the Forest Service at an agreed upon location. Provide the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the Contractor and the Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

C-5 – PRODUCT REMOVAL - If the contractor requests and Contract Officer agrees to allow removal of timber products from material that is required to be piled, the contractor will obtain the necessary permits from the district office prior to removal. Such material is estimated to be of insignificant quantity and to have no apparent commercial value. No product removal would be allowable in Elk Mountain North units #8 and #9, Whiskibas #10, and Ten Allen #1.

All product removal is subject to rates of payment and road maintenance deposits depending on the quantity and commercial value of the product being removed. If no charge for removal is determined, road deposits may still apply.

C-6 – EQUIPMENT - All equipment shall be in good operating and mechanical condition and operated in a proper and safe manner. The Contractor shall use equipment meeting the following specifications:

(1) The equipment must be a crawler-type excavator of sufficient size to handle piling the material without damaging the residual stand.

(2) The crawler-type excavator shall have either a grapple or a bucket and thumb, or a combination of both, capable of reaching up to 15 feet of either side of the machine and shall be capable of piling slash 6 feet in height from the ground. The grapple shall be capable of grasping slash two (2) inches to 10 inches in diameter. Grapple, bucket, or combination, shall be able to support the weight of the machine to lift the machine off of stumps and rocks, and to assist moving the machine on steep ground.

(3) The crawler-type excavator shall be free of fluid leaks and equipped with a reinforced belly pan to protect hydraulic hoses from damage by stumps and rocks.

C-7 – LOSS, DAMAGE OR DESTRUCTION.

The Government will not be liable for loss, damage or destruciton of equipment furnished under this contract except for such loss, damage or destruction resulting from the negligence or wrongful act(s) of Government employees while acting within the scope of their employment.

All claims under this clause shall be submitted to the Contracting Officer.

C-8 - CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM. In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (b) the Contractor shall propose and adopt a quality control inspection system to ensure that the required work meets the specifications. The Contractor may use the Inspection and Acceptance Requirements stated under Government Responsibilities as an inspection system if desired. Any proposed inspection system shall produce written inspection data which shall be provided in a timely manner as agreed to by the Contracting Officer. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

C.8.1. Quality Control. The Contractor shall prepare a Quality Control Plan as described in Section E. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C.8.2 CONTRACTOR QUALITY CONTROL PLAN

Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 10 days of contract award based on items awarded to the Contractor and Government comments.

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 the slash piling to determine actual quality percentage.

C-9 PERFORMANCE ASSESSMENT PLAN (PAP)

In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (c), the COR will inspect the Contractor’s performance on a random basis under this contract to ensure that piling is being properly performed, the proper amount of slash is being left scattered throughout the units, and that equipment has been properly washed to prevent noxious weeds from being transported into the units.

Unacceptable performance occurs when the Contractor responsibilities fail to meet stated PERFORMANCE STANDARDS. The Government will not pay for unacceptable performance. When unacceptable performance is observed, the COR will document the unacceptable performance on a work order as well as meet with the Contractor at the job site to ensure that the Contractor is aware of the unacceptable service. The Government’s inspection of the work does not relieve the Contractor of its responsibility to provide an inspection system as stated in Paragraph (b) of the Clause stated above.

Inspection Procedure Piling

(1) The Government will make a visual examination of the work. If the visual examination shows the work may not be done in conformance with the contract specifications the following systematic inspection procedure will be made:

(a) The Government will make an inspection of each contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection. Inspection consists of checking piles for compaction, size, and non-burnable material. In addition, Browns Down Woody Fuel Surveys will be the method for determining ton per acre of material remaining on site.

C.10 - PERFORMANCE REQUIREMENTS SUMMARY

Inspection of Piling. Acceptance will be determined by an inspection of the areas requiring treatment and will be based on adherence to the specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

C-11 – MEASUREMENT AND PAYMENT

(a) Measurement -The acreage of each unit was made using Global Positioning System measurements. Noxious Weeds Control Requirements is incidental to excavator slash piling.

(b) Basis of Payment - Payment will be made at the contract unit price for work completed and accepted in accordance with the above required specifications. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

C-12 - FINAL PAYMENT

The amount of the final payment will be calculated as described above and approved for payment after--

(a) Completion and acceptance of all work in each Item;

(b) Presentation of a properly executed invoice; and

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

C-13 FIRE CONTROL

(a) 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.

(b) 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.

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.

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

(c) Fire Protection Requirements - Fire Plan

During the 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.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) 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.

(2) 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:

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

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

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

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

(3) 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.

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

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

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 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.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the Contracting Officer with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the 2plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. Patrolman may be required for a period of 2 hours after high fire-risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.