SPEARS_ATTACHMENTS.doc

SPEARS SOUTH – RECOVERY PROJECT

LIST OF DOCUMENTS AND ATTACHMENTS

Exhibit or Attachment

Pages 1.

Statement of Work

1-15

2. Attachment 1 – Plot Inspection Instructions

16-17

3. Exhibit A – Dwarf Mistletoe Severity Rating Procedures

4. Attachment 2 – Fire Specifications

19-20

5. Attachment 3 – Fire Plan

21-23

6. Attachment 4 – Unit Data Sheet

24-25

7. Attachment 5 – Spears South Unit Map

8. Attachment 6 – Wage Rates (Wage Determination No: 1977-0079

27-30

Date Of Revision: 05/26/2009)

9. Attachment 7 – How to do Business with the Forest Service

31-32

CONTRACT SPECIFICATIONS

SPEARS SOUTH RECOVERY PROJECT

SECTION C

STATEMENT OF WORK

C-1 Scope of Contract The work consists of tree thinning, bucking, lopping, scattering, and hand piling on the Ochoco National Forest.

C-2 Project Location and Description The project work areas are located on the Ochoco National Forest. Vicinity maps showing project location and access, a brief location description, and other information regarding specific items are contained in Attachment 4 – Unit Data Sheet and Attachment 5 – Unit Map.

The following restrictions shall apply to work under this contract:

1. Units within Big Game Winter Range boundaries shall not be worked on from December 1 to May 1.

2. Units within Elk Calving areas shall not be worked on from May 15 to June 30.

3. Units within Raptor Nest, Osprey Nest, or Goshawk Areas shall not be worked on from March 1 to August 1.

4. Other project specific restrictions may be included on the Unit Data Sheet or Project/Task Orders.

Accessibility

All work areas may be reached by forest roads that are accessible by standard two-wheel drive pickups during normal operating seasons, unless otherwise indicated on the Unit Data Sheet. Spring and Fall road conditions usually necessitate the use of a 4-wheel drive vehicles.

No vehicles will be permitted to operate off system roads without approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may, under the Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or; (3) substitute similar unit(s).

Some units may be located behind closed Forest Service gates. The contractor will be issued a key to the gate, allowing road access to the unit. The contractor will be responsible for keeping the gate locked at all times. Access through private land will not be obtained by the Forest Service Boundaries – Work areas will be shown on maps provided by the Forest Service. Boundaries will be designated on the ground by flagging, contract boundary signs, or roads, ridgelines, and other distinguishable features.

C-3 Contractor-Furnished Services and Obligations

1. The Contractor shall provide all labor, supervision, transportation, equipment, operating supplies, incidentals and inspection services, except those items listed as Government-Furnished Property, to perform the work in compliance with the contract terms, specifications, and provisions.

The Contractor shall provide employees with sufficient skill and experience to properly perform the work assigned to them. Equipment shall be furnished on a fully operational basis and in good condition with a competent qualified operator. The Contractor shall provide operators of sufficient skill and experience to properly perform the assigned work. Operators who, as determined by the Contracting Officer, do not perform their work in a proper and skillful manner shall be removed immediately from the contract by the Contractor upon written request of the Contracting Officer.

The Contractor shall notify the COR of any changes in work schedule.

The contractor shall return all Government-Furnished Property to the Lookout Mountain Ranger Station prior to request of a final payment.

2. Period of Performance – The contractor will have 365 days to complete this project from date of award. The contractor should incorporate a normal fire season into their plan for completion of the work.

C- 4 Government Furnished Property The Government will furnish the Contractor the following list of materials, supplies, property or services (herein referred to as “Government Furnished Property” at the Lookout Mountain Ranger Station during the hours of 8 AM to 4:30 PM, Monday through Friday.

In accordance with the contract specifications, the Forest Service will provide:

(1) District Map

(2) Key to access units behind locked Forest Service gates

(3) Optional: Plot cards, Form R6-2470-117a, see Attachment 1 for instructions.

C-5 Definitions Thinning – The cutting of trees in excess of those to be left for future management.

Dripline Thinning – The cutting of trees underneath the dripline (crown of a tree) of trees that are 21 inches DBH (and greater). Dripline cutting extends 10 feet beyond the dripline of acceptable larger trees (other distances and diameters may be specified on the Unit Data Sheet).

Girdling – A girdle consists of two, 1 inch deep chainsaw cuts which are made completely around the circumference of the tree. Girdling may be specified on the Unit Data Sheet.

Average Spacing – The distance in feet between leave trees as defined in the Unit Data Sheet, which accompanies each Task Order.

DBH (Diameter at Breast Height) – Outside diameter of the tree stem at a point 4-1/2 feet above average ground level.

Leave Tree – Leave trees are those trees left uncut to meet the contract requirements and all trees over the maximum cut size. Other leave trees include the following, which are not included in spacing requirements:

(1) Broadleaf trees and shrubs

(2) Dead trees (i.e. snags)

(3) Any tree, regardless of size, that is marked with an orange paint band and metal sign (R6-14-11) shall not be cut or damaged.

Cut Trees – Generally are trees 12 inches tall to 12.0 inches DBH that are not selected as leave trees (or as specified in the Unit Data Sheets). Cut trees include diseased, damaged and defective trees as defined below:

Diseased Trees – All Douglas-Fir and Western Larch with a Dwarf Mistletoe Severity Rating of 2 or greater and all Ponderosa Pine with a severity rating of 3 or greater (see Dwarf Mistletoe Severity Rating Guide, Exhibit A). Other ratings may be specified on the Unit Data Sheet.

Damaged Trees and/or Defective Trees – Includes any defect or deformity of a tree resulting from such agents as wind, snow, animals, insects, disease, and equipment; and evidenced by such things as dead or broken tops or trunks, crooks, forks and deep scars. Examples of excessive damage and unhealthy conifers:

1. Trees with crook, sweep, or snow bend (damaged) - (up to 12 inches DBH). Crooks or bends in the main bole which are less than 13 feet from the ground and offset more than 45 degrees from the longitudinal axis.

2. Leaner Trees - (up to 12 inches DBH) - Leaner trees are those where the main bole is offset more than 45 degrees from the longitudinal axis within 13 feet of the ground surface.

3. Damaged Trees - (up to 12 inches DBH):

a. Trees that have been severely scarred or cut through the cambium for ½ or greater of the circumference of the tree.

b. Trees with broken boles up to 13 feet high, or more than two thirds of the live limbs are broken or missing.

c. Trees that have been pushed over or are partially uprooted.

d. Trees with top-kill exceeding 10% of the total tree height.

e. Infected branches on pine trees may be pruned to within one half inch of the bole if the result reduces the Hawksworth rating to less than 3 and the tree otherwise meets leave tree specifications.

Undesirable Species – As listed below, unless otherwise specified on the unit data sheets:

1. Western Juniper, 12 inches tall and up to 12 inches DBH. Other maximum diameters may be specified on the Unit Data Sheet.

2. Grand Fir, 12 inches tall and up to 9 inches DBH (locally Grand Fir is also referred to as White Fir) with less than 30% crown ratio, and less than 8 inches terminal leader growth.

Excess Trees:

1. All uncut trees not needed to meet average spacing requirements and those trees defined as cull trees.

2. Trees suspended in or leaning into leave trees.

3. Trees not completely severed from the stump.

4. Trees not cut below the lowest live limb.

5. Stumps more than eight inches above the ground.

6. Trees not girdled to specifications

Deficient Trees - Those trees cut that should have been left to maintain average spacing requirements.

Lopping and Scattering - The removal of branches and the moving and rearranging of slash.

Bucking – The cutting of tree boles to a designated length. Bucking needs to saw completely through the tree bole.

Hand piling - The piling of slash in compact piles by hand.

Slash - The term "slash" means all vegetative material including cull logs, blasted or pushed out stumps, chunks, broken tops, limbs, branches, rotten wood, damaged brush, damaged or destroyed reproduction, saplings or poles which were created or disturbed by any type of vegetative cutting, clearing, construction, or cultural treatment.

C-6 – Performance Standards C-6.1. TASK: Selection of leave trees –

1) Species - The preference for leave tree species is the following order, unless specified differently on the Unit Data Sheets:

Western Larch

Douglas-Fir

Lodgepole Pine

Grand Fir - meeting desirable tree criteria

2) Spacing – The Unit Data Sheets issued with each task order will specify the desired spacing between leave trees. To reduce the incidence of insect and disease problems in thinning units, the spacing guidelines may not be met. The average spacing will be varied plus or minus 50 percent to ensure retention of the best trees. In some cases, these specifications will cause portions of some units to have fewer than 99 trees less than 12” DBH per acre and an average spacing greater than 21 by 21 feet.

3) The Contractor shall select leave trees based on the criteria listed below and the specifications provided in the Unit Data Sheet. The Government may mark individual leave trees or groups of leave trees prior to thinning. The general concept of leave tree selection is to leave the most dominant trees of desired species, with at least 30% live crown, good color and form, free of insects and disease, and free of damage or defect.

4) Thinning in Riparian Habitat Conservation Areas (RHCAS), along streams, near springs, seeps, ponds, and reservoirs:

(a) The thinning prescription is usually modified when cutting trees near these bodies of water and dry streambeds. Generally the desired spacing between leave trees is closer than in the timber stand. The slash treatment may also be modified. The Unit Data Sheets issued with each task order will specify the treatment within these areas. Unit maps will also detail the location of riparian areas.

5) The thinning prescription may be modified when cutting near Aspen or Cottonwood trees. Units containing these species will be identified on the Unit Data Sheet. More conifers often cut within a specified distance from Aspen or Cottonwoods as detailed on the Unit Data Sheet.

C-6.2. TASK: Cutting

· Trees shall be cut below the lowest live limb. Stump height of cut trees shall be no higher than 8 inches above ground level.

· Trees shall be completely severed from the stump.

· No cut tree shall be left suspended in or leaning against a leave tree or tree outside the unit boundary.

· All trees up to 9 inches DBH shall be cut within 10 feet of the travel surface on roads designated on the Unit Data Sheet.

C-6.3. TASK: Hand Slash Treatment – Type of slash treatment (lop and scatter, bucking or handpiling) is specified on the Unit Data Sheet.

· No thinning slash shall be allowed outside the contract boundary, unless otherwise approved by the Government Representative.

· Contractor shall remove and scatter (pullback) all thinning slash from roads, fences and trails designated on the Unit Data Sheet and/or map to keep them usable and passable at all times.

· Roads - within 10 feet of the cut and fill slopes on any road.

· Fences - within 10 feet each side of fences.

· Trails - within 10 feet each side of trail.

· Fire lines - within 5 feet each side of fire line.

· Lop and scatter - All slash shall be lopped and scattered to a depth of 18 inches or less unless otherwise specified on the Unit Data Sheets. Limbs shall be severed from all side of the main bole so that the bole lays on the ground.

· Bucking - All slash less than 12 inches diameter shall be bucked to lengths not to exceed 10 feet.

· Handpiling areas will be listed on the Unit Data Sheet and map issued with task order.

· Slash - to be piled includes materials from 1 inch diameter up to (and including) 6 inches in diameter, and exceeding 36 inches in length. All slash within 6 feet of any pile must be removed from the forest floor and piled.

· All piles will be located 10 feet outside of the drip line of the trees and at least 10 feet from all stumps and large down logs.

· All piles shall be piled so the material will not roll downhill during burning. Align materials with the slope of the ground (up and down the hill). Teepee style piles will not be accepted.

· No pile shall be less than 4 feet in height, 4 feet in width and 4 feet in length. Pile size will be considered unsatisfactory if the pile, after 7 days of being piled is less than the minimum standards stated above. Pile height will be measured at the mid-slope portion of the pile, and pile width and length will be measured at a point of the pile approximately 3 feet above the ground surface.

· All piles must be compact. Compaction of the piles shall be accomplished by loping limbs off of boles when necessary and by placing heavier materials on top of the pile.

· Waterproof paper or 3 mil (or thicker) plastic shall be placed towards the top of the pile, approximately 3 feet up from the base. The paper (or plastic) shall be placed so as to provide a dry core to the pile to facilitate ignition. The minimum size of the paper (or plastic) shall be 3 feet by 3 feet.

· All material placed in the pile shall be contained within the general contour of the pile. Trimming of the piles will not be required unless the material extends more than 18 inches beyond the general perimeter of the pile. The material than is trimmed will be placed back onto the pile.

Any pile not meeting the above specifications, will be reworked by the Contractor at the Contractor’s expense.

C-6.4. TASK: Prevention of Damage to Structure and Improvements

The Contractor shall be held liable and responsible for any damages caused by their personnel and/or equipment to any structures or other improvements. Repairs to these structures or improvements shall be at the contractor’s expense, at no cost to the Government, and shall be accomplished in a timely manner.

1) The Contractor shall repair any damage to waterbars, system roads and trails, fences, or other improvements caused by the Contractor’s operations. Repair shall be to the original condition of the structure or improvement.

2) Road closure structures (logs, earth berms, etc.) may be removed by the Contractor, upon approval by the Contracting Officer, to gain access to units. The Contractor shall repair to their original condition any such road closure structures.

3) The Contractor shall protect all survey monuments, witness corners, bearing trees, reference points, and property boundaries. Should any of these be damaged, obliterated, or destroyed by the contractor’s actions, the contractor shall be responsible for reestablishing the survey monuments/accessories and boundaries through the hire of the appropriate county or other registered land surveyor.

C-6.5. TASK: Other Operating Requirements.

If any cultural resources or sensitive species are discovered during the performance of this contract, work shall be suspended in the vicinity of the site until a reconnaissance survey is completed and appropriate mitigation measures determined by the Government. The Contractor shall notify the Contracting Officer immediately if any resources are discovered.

The Contractor shall schedule the work to avoid seasonal operating restrictions for wildlife or other purposes. Seasonal operating restrictions for each unit will be provided by the Government upon issuance of task orders.

The Contractor shall provide warning signs for public safety when operating in any units adjacent to Forest Service roads or trails open to public travel. All signs shall be approved by the Contracting Officer, prior to being posted by the contractor. Generally these signs shall be at least 24 inches diamond or rectangle in size and shape, of a high visibility color, and placed in a readily visible location approximately 200 feet prior to the unit boundaries.

C-6.6. TASK: Contractor shall prepare and submit the following data, reports and plans:

1. Quality Control Plan (QCP) - The Government will evaluate the QCP to assure it meets the tasks and critical sub-tasks of the contract. The plan must demonstrate how the Contractor shall assure quality performance, including the following:

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

b. How the work will be supervised.

c. How monitoring will result in quality performance and customer satisfaction.

2. Inspection reports and plot data

a. Current inspection results and plot data will be maintained.

b. Complete, legibly written, inspection reports including Government-Furnished maps with lot locations identified, will be delivered to the Contracting Officer’s Representative (COR) upon completion of each unit and before work begins on another unit. By submission of inspection reports and plot data, the Contractor is certifying that each unit is:

(A) Satisfactorily completed.

(B) Thinning, bucking, lopping, scattering, and hand piling are completed in accordance with the performance standards, contract provisions, and other contract specifications stated elsewhere in the contract.

Quality Assurance Surveillance Plan

Task

Performance

Standard Quality

Assurance

Process Acceptable

Quality Level

(AQL)

Incentive/Deduction

Correct Leave Tree Species

Correct Spacing

Correct selection of dominant trees including crown, color, form, damage, disease, and defect criteria

Correct riparian thinning treatment

Correct aspen treatment

Cut below lowest limb

Correct Stump height

Completely severed

No suspended or leaning trees

Correct cutting near roads

Treated in accordance with Unit Data Sheets

Correct removal and scatter (pullback)

Correct lop and scatter

Correct bucking

Correct handpiling

No damages to structures or improvements

Quality Control Plan

Inspection Data is accurate.

SPEARS SOUTH – RECOVERY PROJECT

SECTION E

INSPECTION AND ACCEPTANCE

Offerors, Please Note: Contractor quality control inspection system shall insure compliance with all contract specifications and performance standards. Contractor may use the Standard Inspection Procedures in Attachment 1 or propose alternate inspection procedures. Alternate inspection procedures will be evaluated by the Government.

E-1 Government Quality Assurance Inspection The Government will conduct quality assurance inspections to determine compliance with specifications and to provide the basis for computing the rate of payment. Each unit will be verified separately and inspection results on one unit will not be averaged with those on other units. If Government quality assurance inspection reveals quality below the acceptable quality level the Government may conduct a full inspection. Determination of the acceptability of the work performed will be based on this full inspection and will be considered conclusive. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

If the Government’s quality assurance inspections reveal work is not being accomplished in accordance with specifications, the COR will immediately notify the Contractor in writing and order improvement in the quality of work, and need for additional work, or rework. If the quality of deficient work is not raised to an acceptable standard within 2 consecutive workdays after receipt of notice, the Contractor’s right to proceed may be terminated.

Units will be approved for payment upon acceptable completion of the entire unit.

E-2

REINSPECTION UPON CONTRACTOR’S REQUEST

(a) If the original quality assurance inspection results are unacceptable to the Contractor, a re-inspection may be requested. Requests for re-inspection must be made in writing within five days after receipt of initial inspection results. The same inspection procedure will be used, as described in Attachment 1, but new plots will be selected. The inspection pattern will be shifted so new inspection plots will not overlap previously inspected plots.

(b) If the result of the Government’s full inspection procedures are within plus or minus 5 percent of the Contractor’s original inspection results, the Contractor’s results will be used for pay purposes. The Contractor will not be liable for the inspection conducted by the Government.

(c) If the results of the Government’s full inspection procedures differ more than 5 percent either higher or lower, the Government’s inspection results will be used for pay purposes. The Contractor shall be liable for the inspection conducted by the Government.

(d) Standard rounding rules will be used in determining percentage discussed in this section.

E-3

WORK QUALITY

(a) Acceptable Work – The acceptable quality level (AQL) shall be 90% or greater.

(b) Non-Acceptable Work – When the thinning/slash treatment quality falls below 90%, work is considered unacceptable and must be reworked. If excess trees and slash treatment constitute any part of the deficiency, payment will not be made until the excess tree and the slash reduction has been corrected. If deficient trees are the cause of quality below 90%, refer to Section G for payment. Inspections after rework shall be made in the same manner as the first inspection but on different plot lines. After 1 rework, Administrative costs shall be the responsibility of the Contractor.

SECTION F

DELIVERIES AND PERFORMANCE

F.1

AGAR 452.211-74 PERIOD OF PERFORMANCE

The period of performance of this contract is to begin 5 days after receipt of notice to proceed and complete work by November 15, 2010.

F.2

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR

At all times during performance of this contract and until work is competed 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.

F.3 ACCEPTANCE AND REWORK – Refer to Section E – Inspection and Acceptance.

SECTION G

CONTRACT ADMINISTRATION DATA

g.1

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

· GENERAL. The Contracting Officer designates the Contracting Officer's Representative(s) (COR).

· The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

· The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which may be issued by the COR - provided they do not affect the delivery schedule or performance period stated in the contract.)

· On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.2

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1999)

A post award conference with the successful offeror is required. A conference will be scheduled within the first 30 days after the date of contract award. The conference will be conducted by the EROC-NW acquisition team. The post award conference may be held at the Mt Hood National Forest – EROC NW office located at 16400 Champion Way, Sandy, Oregon 97055, or conducted by video teleconference or by telephone, unless otherwise changed by mutual agreement. The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

G.3

GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the contractor for use in the performance of this contract. This property shall be used and maintained by the contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

See Government Furnished Property List in Section C.

G.4 Measurement/Payment and Invoicing – See Section C.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.2 FIRE CONTROL – See attached Fire Specifications and Fire Plan (to be filled out prior to the post award conference)

H.3

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

GENERAL Provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

· The following provisions apply to all camping on National Forest lands during performance of this contract:

· Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

· The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

· The campsite shall have a clean appearance at all times.

· Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within ten (10) calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the ten (10) calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

· Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to others with permits, contractors, or recreating public. Disorderly conduct is not permitted.

· Damaging or removing any natural feature or other property of the Forest Service is prohibited.

· Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

· Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

· An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

· Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

· Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

· Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

Gauze pads (at least 4x4 inches)

Two large gauze pads (at least 8x10 inches)

Box adhesive bandages (band-aids)

One package of gauze roller bandage at least 2 inches wide

Two triangular bandages

Scissors

At least one blanket

Tweezers

Adhesive tape

Latex gloves

Resuscitation device such as resuscitation bag, airway, or pocket mask

· Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

· Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

· The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

· The contractor shall comply with the following fire regulations during fire season:

· A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

· All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

· All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in paragraph (b).

· All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

H.4 See FAR clauses in Section I regulating employment of workers.

H.5 American Recovery and Reinvestment Act (ARRA) contracts have special reporting requirements that the contractor shall adhere to. Refer to Section I for schedule of compliance and link.

ATTACHMENT 1

STANDARD INSPECTION PROCEDURES

Inspection Procedures

(a) Precommercial thinning inspection will be conducted by installing a series of circular plots, with slope correction sufficient in number to yield at least the following:

ACRES IN SUBITEM

NUMBER OF PLOTS

1 – 19

1 per acre

20 – 39

1 per acre

40 – 80

40 Total

81+

1 per 2 acres

(1) Plot size will be determined by the tree spacing requirements as shown in the Unit Data Sheets. If spacing is less than 15 feet, plot size will be 1/50th of an acre. If spacing is 15 feet or greater, plot size will be 1/20th of an acre.

(b) Inspection plots will be marked on the ground and recorded as follows

(1) Use flagged markers to locate the plot centers and identify them by consecutively numbering each plot, and also indicate the date of inspection and Inspector’s initials. Plastic flagging will be a minimum of 1 inch in width and 12 inches in length. An additional piece of flagging shall be hung at eye level in order for plots to be seen from a distance.

© Inspection Within Each Plot – each plot will be completed as follows, but the sequence in which these steps are done may vary.

AP Determine from Table 1 the average spacing requirements and plot radius;

TABLE 1

Avg.Spacing Trees/Acre Avg.Trees/Plot

Plot Size Plot Radius-Ft.

11 x 11

1/50

16.7

12 x 12

13 x 13

14 x 14

15 x 15

1/20

26.3

16 x 16

17 x 17

18 x 18

19 x 19

20 x 20

21 x 21

ATTACHMENT 1 CONTINUED…

(2) Each plot will be examined to record findings on the items listed below:

(A) No. of Trees to be Left – Number of leave trees that should have been left.

(B) No. of Trees Left – Number of trees that were left.

© Satisfactory Trees – Number of satisfactory leave trees.

(D) No. of Trees Deficient – Number of missing leave trees.

(E) No. of Excess Trees – Number of uncut trees that should have been cut.

( 3) Upon inspection of all plots for a unit total columns 2, 5, and 6, the quality of thinning shall be calculated as follows:

1.00 - (No. missing leave trees + No. of excess trees) X 100 = Quality %

(No. of satisfactory leave trees)

(d) Bucking, Lopping and Scattering, Handpiling – Inspection of the area shall be accomplished by 100 percent visual inspection of the unit and will be based on adherence to the contract specifications. Note on the bottom of the plot card that the visual inspection indicates satisfactory or unsatisfactory work.

(e) Acceptable Work – The acceptable standard for thinning/lopping and scattering/piling quality is 90% or greater.

(f) Non-Acceptable Work – When the thinning/slash treatment quality falls below 90%, work is considered unacceptable and must be reworked. If excess trees and slash treatment constitute any part of the deficiency, payment will not be made until the excess trees and the slash depth reduction has been corrected. If deficient trees are the cause of quality below 90%, refer to Section G for payment. Inspections after rework shall be made in the same manner as the first inspection but on different plot lines. After 1 rework, Administrative costs shall be the responsibility of the Contractor.

EXHIBIT A

DWARF MISTLETOE RATING PROCEDURES

1. Divide the live tree crown into thirds.

AP Score each third as follows:

Score

No infection

Less than 50 percent of the branches infected. No brooms.

50 percent of the branches infected or one or more brooms or bole infected

AP Add the scores for each third together. This yields the summary score for the tree. The maximum score possible is 6 (a score of 2 in each of the thirds).

ATTACHMENT _2

FIRE SPECIFICATIONS

EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor’s employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor’s employees or resulting from construction operations.

(b) Contractor’s Responsibility for Controlling Other Emergencies – When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

AP ©Fire fighting equipment will be required during the fire season from May 1 to September 30, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor’s operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark “tools for Fire Only” with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

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

(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

AP 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.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4-pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

ATTACHMENT 3 – Fire Plan (For use with Forms R6-6300-50, R6-FS-6300-51, and R6-FS-6300-52)

Contractor

Contract Number

Project Name

Contract Performance Period

Contractor’s Representative for Fire Matters Name

Title

Office Phone

Home Phone

Contracting Officer’s Representative Name

Office Phone

Home Phone

Forest Service Inspector(s) Name

Office Phone

Home Phone

Action by Contractor The Contractor shall take on reasonable and practical action to prevent and suppress fires in the project area. The Contractor shall take suppression action immediately upon discovery of, or becoming aware of, such fire.

Action by Forest Service The Forest Service may counsel with the Contractor on suppression action and will, when necessary, supplement the Contractor’s efforts by furnishing personnel and equipment not available to the Contractor. In the event that a fire is not suppressed by the Contractor, and will require appreciable reinforcements, the Forest Service may take over suppression of the fire and may employ the Contractor’s personnel and equipment.

Fire Prevention and Suppression Predicted fire precautions class may be obtained from the following sources:

The Contractor has employed or designated the following named individual(s) as fireguard, whose duty is the detection and suppression of fires:

Name

Office Phone

Home Phone

Contractor FORMCHECKBOX will, FORMCHECKBOX will not, permit employees to smoke while in the project area.

Open fires FORMCHECKBOX will, FORMCHECKBOX will not, be permitted by the Contractor. Although these activities may be permitted by the Contractor, it is understood that neither shall be allowed without being authorized, in writing, by the Contracting Officer’s Representative.

Fires shall be reported to one of the following Forest Service employees:

Name

Address or Location

Office Phone

Home Phone

Special Fire Qualifications of Contractor’s Employees Name

Best Fire Assignment

Other Qualifications

Total number of employees who could perform firefighting duties:

Vehicle Description, Type, Make, Model, Size, Year

Number of Units

Location

Joint Preparation of this fire plan is acknowledged:

Contractor or Designated Representative

Contracting officer’s Representative

Date

Date

ATTACHMENT 4 – Unit Data Sheet

Total Thinning Acres

Handpiling Acres

Cut all juniper up to 12” DBH, including stream areas

Cut all Douglas-fir to 9” DBH that has a dwarf mistletoe rating of 3 or more

Thin all trees to 9” DBH from beneath and within 10 feet of the dripline of trees 21” dbh and larger.

Thin all remaining trees up to 9” DBH. Species preference to leave is;

1 – western larch, 2 – ponderosa pine, 3 – Douglas –fir, 4 – lodgepole pine, 5 – grand fir

Class IV streams, springs, wet areas – no cutting within 5 feet of channel/wet area, fall trees towards stream unless piling. No piling within 25 feet of channel.

Not all springs or wet areas may be mapped.

Mixed-includes a mixture of above species.

bove) – pull slash back 10 feet from fence in lop units. No piling within 10 feet of fences.

Space remaining areas as listed in column

Specifications regarding species preference, insect, disease and damage conditions and cull trees will take precedence over spacing specifications.

HP – hand pile all slash 6” diameter and less, including existing down material. Lop limbs off of existing down logs and pile.

Buck material larger than 6” diameter into lengths of 10 foot or less.

No hand piles within 10 feet of fences, survey markers, or boundary signs.

No handpiles in ditch lines adjacent to roads.

*** Check area maps for road closures, stream locations and for other information. ***

ATTACHMENT 5 – Spears South Unit Map

ATTACHMENT 6

WAGE RATES

WD 77-0079 (Rev.-38) was first posted on www.wdol.gov on 06/02/2009

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER

U.S. DEPARTMENT OF LABORTHE SERVICE CONTRACT ACT

EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor

WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage

Wage Determination No: 1977-0079

Director Determinations

Revision No: 38

Date Of Revision: 05/26/2009

State: Oregon

Area: Oregon Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract(s) for Forestry and Logging Services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 13.92

08040 - Choker Setter 14.02

08070 - Faller/Bucker 24.76

08100 - Fire Lookout 13.46

08130 - Forestry Equipment Operator 16.26

08160 - Forestry/Logging Heavy Equipment Operator 16.26

08190 - Forestry Technician 17.94

08200 - Forestry Truck Driver 14.24

08250 - General Forestry Laborer 11.22

08280 - Nursery Specialist 18.65

08310 - Slash Piler/Burner 8.95

08340 - Tree Climber 8.95

08370 - Tree Planter 12.61

08400 - Tree Planter, Mechanical 12.61

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and

Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the

Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that

Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The…