BLACK SNAG ATTACHMENTS.doc

BLACK SNAG

THIN/HANDPILE/BURN

LIST OF ATTACHMENTS

1. Statement of Work

2. Attachment 1 – Crown Closure Diagram

3. Attachment 2 - Detail Unit information sheet

4. Attachment 4 - Fire Specifications

5. Attachment 5- Wage Rates (Wage Determination No: 1977-0079

Date of Revision: 05/26/2009)

6 Attachment 6 – Black Snag # 121 map

7 Attachment 7 – Black Snag # 24H map

8 Attachment 8 – Black Snag Vin map

9 Attachment 9 – Sample TSI Sheet

STATEMENT OF WORK

1.

SCOPE OF CONTRACT

The purpose of this solicitation is to secure a complete set of services to accomplish hand tree thinning and hand piling existing and created slash within the treatment units along with burning of hand piles on the Emigrant Creek Ranger District.

The Contractor shall furnish all labor, supervision, equipment, materials, transportation, supplies, (unless specified elsewhere as Government-furnished) and incidentals required to accomplish the work.

2.

PROJECT LOCATION AND DESCRIPTION

The project work area is located on the Malheur National Forest, Emigrant Creek Ranger District. Vicinity and project maps showing project location and access are attached. Other information regarding specific units are contained in the Detail Unit Information Sheet.

3.

ACCESSIBILITY

Most work areas may be reached by a standard two-wheel drive pickup during normal operating seasons. Some units; however, may require a four-wheel drive vehicle.

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

Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the Government. If a road is not accessible, 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) or (4) negotiate a cost adjustment for change in access.

Where roads are recently thawed, very wet or saturated due to runoff or unseasonable weather conditions, road conditions may dictate the need to delay use of some road segments in order to ensure no damage to the road, drainage structures or the adjacent environment.

The Contractor may request entry on cooperative road closures, (green dot), or other road closures through the appropriate Ranger District office. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger. No vehicle access is permissible prior to receiving written permission.

4.

BOUNDARIES

Boundaries are marked with orange and/or fluorescent green plastic flagging and/or white or blue boundary signs. Leave areas within units are designated with plastic flagging and/or white signs, or are otherwise indicated on the Detail Unit Information Sheet(s).

5.

CONTRACTOR SLASH REMOVAL

The Government may approve removal rights for slash to be treated, on a unit-by-unit basis. Approval is strictly at the Government’s discretion and may include special requirements such as road maintenance.

If removal rights are granted, removal shall be concurrent with other operations and any special requirements shall be met. Removal operations shall not affect any other contract requirement, particularly cut tree selection.

When requesting removal rights, the Contractor shall provide written information on how removal operations shall be conducted. Any equipment used to remove the slash shall be less than 8 pounds per square inch ground pressure and capable of maneuvering within the stand without damaging leave trees.

6.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated inspector, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Contracting Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

7.

DEFINITIONS

(A) Average Spacing – The distance in feet between leave trees as defined in the Detail Unit Information Sheet.

(B) Bucking – The cutting of down trees or logs to a designated length.

(C) Burning Permit – A document that sets forth the conditions under which the Contractor may be allowed to burn.

(D) Co-dominant Trees – Trees with crowns forming the general level of the crown canopy and receiving full light from above, but comparatively little from the sides, usually with medium-sized crown more or less crowded on the sides

(E) Bole Spacing – Spacing measured between the boles of the trees. Detail Unit Information Sheet(s) list the acceptable bole spacing.

(F) Crown Spacing – Spacing measured between the outer edges of the tree crowns. Detail Unit Information Sheet(s) list the MINIMUM acceptable crown spacing.

(G) Cut Trees – Trees within the minimum-maximum cut range as defined in the Detail Unit Information Sheet(s) that are not selected as a leave tree.

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

(I) Deficient Trees – Those trees cut which should have been left to maintain average spacing requirements as determined by inspection.

(J) Dominant Trees – Trees with crowns extending above the general level of the crown canopy and receiving full light from above and partially from the side. They are larger than the average trees in the stand and have dense crowns, which are comparatively wide and long.

(K) Elk Calving Season – Period of time from May 1 to June 30.

(L) Excess Trees – Any remaining tree that should have been cut as determined by inspection.

(M) Hang-up Trees – Any cut tree suspended more than 3 feet off the ground.

(N) Healthy Tree – A healthy tree is one that is undamaged due to defects or deformity resulting from agents such as wind, snow, animals, insects, diseases, or equipment.

(O) Genetic Tree – Phenotypically selected trees, which shall be protected from damage or destruction.

(P) Leave Tree – Those trees left uncut to meet the average spacing requirements and trees over the maximum cut size specified in the Detail Unit Information Sheet(s).

(Q) Limbing – The cutting of branches from the bole of a log or cut tree.

(R) Lopping and Scattering – The removal of branches, bucking, and the moving and rearranging of slash over a large area.

(S) Noxious Weeds – Any exotic plant species established or that may be introduced in the State which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or the appropriate County Weed Board or by other appropriate agencies having jurisdiction.

(T) Riparian Zone – The zone that extends from the normal stream bank to the toe or break of the slope. The zone can be further identified by the presence of vegetation that requires free or unbound water to conditions that are more moist than normal in many stream valleys.

(U) Slash – The term “slash” means all vegetative material, including cull logs, tops, damaged or destroyed reproduction, saplings, or poles which were created or disturbed by any type of vegetative cutting, clearing construction, or cultural treatment. Any portions of trees or snags that were previously felled are considered to be part of the slash; also woody material on the ground killed by insects, disease, or natural causes.

NOTE: Cull logs approximately 12 inches or greater in diameter at the small end and approximately 8 feet or longer in length, shall not be treated as slash. It is intended that this size material be left untreated to meet wildlife objectives.

(V) Stem Spacing – Average spacing measured between the stems of the leave tree.

(W) Stocking Level Control – The cutting of trees in excess of those to be left for future management.

(X) Stream – Shall include year long and intermittent streams that ordinarily go dry at one or more times during the year.

(Y) Thinning Slash – The term “thinning slash” means all vegetative material including stems, limbs, branches, damaged brush, damaged or destroyed reproduction, saplings, or poles, which were created or disturbed by the Contractors thinning.

(Z) Wildlife Trees – Wildlife trees are marked with an orange band or orange ‘W’ and/or may be tagged with a wildlife tree tag.

(AA)

Wildlife Log – A log with minimum measurements of 12 inches diameter and 8 feet long.

(BB)

Wildfire – Any unplanned fire, usually requiring suppression action, or a free burning fire unaffected by control measures.

8.

THINNING PERFORMANCE STANDARDS

The desired outcome is to attain the tree spacing for each unit specified in the Detail Unit Information Sheet(s) at a 95 percent or higher quality. The level will be based on sampling of cut and leave tree selection. Spacing of leave trees may be varied up to 25 percent to leave the most desirable tree as long as the average post-thinning trees per acre given on the Detail Unit Information Sheet(s) is maintained.

1. Leave Tree Standards

a) Leave trees shall generally be those of tallest height, largest crown, straightest stems and largest boles that are free of damage due to insects, disease, physical, or mechanical causes.

b) Species – Unless otherwise specified, give leave tree preference in the following order:

(1) Western White Pine

(2) Western Larch

(3) Ponderosa Pine

(4) Douglas-Fir

(5) Engleman Spruce

(6) Lodgepole Pine

(7) Grand Fir/Sub-Alpine Fir

c) Leave Trees shall be selected by the Contractor as per the Detail Unit Information Sheet(s), and supplemental information provided from the District on such things as cull trees and disease tree prioritization; however, the Government may mark individual leave trees or groups of leave trees prior to thinning.

d) All trees regardless of diameter shall be considered in spacing.

e) Contractor shall leave all shrubs, broad-leafed trees, wildlife trees, and genetic trees.

f) Contractor shall leave all dead trees of any size or species, unless otherwise specified in the Detail Unit Information Sheet(s).

g) Contractor shall leave all trees within 100 feet of springs, bogs, seeps, or elk wallows unless otherwise specified in the Detail Unit Information Sheet(s).

h) Contractor shall leave all trees exhibiting visible wildlife nesting use. Hawks, eagles, owls, woodpeckers, and squirrels are the primary concern.

2. Felling Standards

a) Felling shall be done primarily by manual methods (chainsaw) unless otherwise approved by the Contracting Officer.

b) Cut trees shall be felled away from boundaries, roads, road cut banks, telephone lines, established trails, stock driveways, fence lines, fire lines, mining ditch lines, abandoned historic railroad beds, established land corners, troughs, and other improvements. The Contractor shall pull back any trees falling on such areas.

c) Trees shall be completely severed from the stump.

d) Stump height shall not exceed 6 inches above ground level or 6 inches above natural obstacles.

e) No thinning slash shall be left outside the contract boundary, unless otherwise approved by the Contracting Officer.

f) Contractor shall remove and scatter (pull back) all thinning slash from the following items, but not limited to; stream courses, historic mining ditch lines, roads and fences, stock ponds, stock troughs, stock driveways and trails to keep them usable and passable at all times. All required slash pull back shall be kept current with operations.

g) All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree.

h) Bucking or bucking with limbing when required shall be concurrent with the felling operation. Trees 16 feet and longer shall be bucked in half or as many times as needed so that pieces are not longer than 16 feet.

i) The Ips Beetle timing restriction may be waived on selected units, providing that the Contractor ensures that created slash shall be treated to required fuel standards within a 30 day window of initial thinning activity.

9.

SLASH TREATMENT PERFORMANCE STANDARDS

Hand Piling

Units shall be piled so that residual fuel loading (after pile(s) are burned) is a maximum of 7 tons per acre in material 1 to 9 inches in diameter. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees. All piles will have plastic and/or Kraft paper place in the top third of pile and covered with slash to hold in place.

Restrictions

a) Piles shall not be constructed in roads, ditches, meadow, grass “scablands” or channel bottoms.

b) Piles shall not be placed on large or tall stumps, down logs greater than 12 inches small-end diameter, or large rocks.

c) Piles shall not be constructed under the drip line of leave trees.

d) Plastic and/or water proof paper will be place on piles when piles are approximately ¾ finished and covered with additional slash to hold plastic and/or water proof paper in place.

e) Refueling, maintenance, and repair of equipment shall be done at landings and/or roads prism area.

f) Only plastic products (polyethylene or polyvinyl chloride) and/or Kraft paper shall be used in piles.

Burning of Hand Piles+

Burning shall be accomplished in such a manner that piles are completely consumed, fire remains within the pile

Perimeter, and leave trees are not damaged.

Restrictions

Burning operations are restricted to conditions acceptable to the Government. The Government will provide written approval, (a burning Permit) for burning operations are suitable.

The contractor shall notify the Government of burning operations 24 hours prior to commencement of burning operations.

10.

ACCEPTABLE QUALITY LEVELS (AQLS)

Contractor Quality Control

The successful Contractor shall provide a Quality Control Plan satisfactory to the Government describing how the Contractor will monitor and document work quality for both the thinning (including any possible removal of thinning slash from the site) and the slash treatment phases of the operation.

The Contractor shall provide copies of inspection documents and written certification that:

a) Each unit was satisfactorily completed.

b) Thinning or slash treatment was completed in accordance with the contract standards.

c) Inspection results accurately reflect the work accomplished.

Government Quality Assurance Plan For Thinning

The Government will inspect thinning to determine compliance with performance standards. Inspections may include observations of operations, quality control procedures, and examination of individual cut and leave trees on sample inspection plots. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units. The Contractor is encouraged to observe verification inspections and will receive inspection summaries upon request.

Unsatisfactory Work If Government full sample inspections (see below) determine that a thinning or a thinning and bucking unit has a quality percentage below 95 percent and includes excess tree deficiencies or pieces to be bucked exceed 16 feet in length, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for all Government re-inspection costs.

The CO will immediately notify the Contractor in writing and order improvement in the quality of work if the percentage of satisfactory quality of thinning and diseased/damaged tree removal falls below 95 percent.

Government Plot Inspection Procedures

a) A series of circular plots distributed over the entire unit will be installed sufficient to yield an adequate sample of each unit. The minimum number of plots to install will be one plot per 5 acres with at least five plots per unit.

b) Plot size will be determined by the tree spacing requirements as shown in the Detail Thinning Unit Information Sheet(s). If spacing is less than 15 feet, plot size shall be 1/50th of an acre. If spacing is 15 feet or greater, plot size shall be 1/20th of an acre.

c) Flagged markers will be used to locate the plot centers and identify them by consecutive number. Flags will also indicate the date of inspection and Inspectors initials.

d) Inspection within each plot will be completed as follows:

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

TABLE 1

Avg. Spacing Spacing/Acre Avg.Trees/Plot Plot Size Plot Radiu

11 X 11 360 7 1/50 16.7

12 X 12 320 6 1/50 16.7

13 X 13 258 5 1/50 16.7

14 X 14 222 4 1/50 16.7

15 X 15 194 10 1/20 26.3

16 X 16 170 9 1/20 26.3

17 X 17 151 8 1/20 26.3

18 X 18 134 7 1/20 26.3

19 X 19 121 6 1/20 26.3

20 X 20 109 6 1/20 26.3

21 X 21 99 5 1/20 26.3

22 X 22 90 5 1/20 26.3

23 X 23 82 8 1/10 37.2

24 X 24 76 7 1/10 37.2

25 X 25 70 7 1/10 37.2

26 X 26 64 6 1/10 37.2

27 X 27 60 6 1/10 37.2

28 X 28 56 6 1/10 37.2

29 X 29 52 5 1/10 37.2

30 X 30 48 5 1/10 37.2

2.

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

i. No. of Trees to be left – number of trees that should have been left.

ii. No. of trees left – Number of trees that were left.

iii. No. of trees deficient – number of missing leave trees.

iv. No. of excess trees – number of uncut trees that should have been cut.

e) Upon inspection of all plots for a unit the quality of thinning will be calculated as follows:

1.0 - | No. of deficient trees + No. of excess trees | X 100 = Quality %

| No. of trees that should have been left |

11. GOVERNMENT QUALITY ASSURANCE PLAN FOR HAND PILING

The Government may make periodic inspections while work is in progress. After completion of a unit, the Government may also inspect to determine compliance with contract standards for 1) residual fuel loadings and 2) pile characteristics.

Residual fuel loading

The remaining non-piled slash will be inspected to determine compliance with performance standards. Units will be inspected separately and inspection results on one unit will not be averaged with those of the other units.

If Government inspections determine that a unit has a quality percentage below 95 percent, rework will be required. Re-inspections after rework will be made in the same manner as the first inspection but in different areas. The Contractor shall pay for all Government re-inspection costs.

Pile Characteristics

A sampling of piles will be individually inspected for the following:

•Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Is the pile compact? Does the pile contain a minimal quantity of soil? Is there material protruding from the pile?

•Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope? Is there other combustible material within ignition range of the pile?

•Location and pile size – Does pile size and location provide sufficient spacing from residual trees of 1.5 feet in height or taller or dead trees greater than 12 inches dbh to prevent damage from burning?

12.

MEASUREMENT AND PAYMENT

Acreage as shown in the Detail Unit Information Sheet(s) has been determined using a GPS (Global Positioning System). Note: Acreage listed in the detail information sheets are Net Contract Acres and in some instances may exclude non-work areas left within the units for wildlife habitat. All non-work areas are delineated by plastic flagging, boundary tags, and position disclosed in the detailed information maps provided.

Payment for Thinning

When work quality is 95% or higher, payment will be made at the unit price. When work quality is less than 95%, the pay rate will be calculated by multiplying the inspection percentage for each unit times the contract unit price per acre.

EXAMPLE:

> 95% quality = 100% payment

< 95% quality = rework if possible, or actual percentage

Payment for Slash Treatment

Acceptance will be based on 100% visual inspection of units. If visual inspection finds that occasional work elements do not completely conform to performance standards, but non-conforming elements are not representative of the overall work quality, the work may be accepted. If non-conforming work is indicative of an overall quality of work problem, units shall be reworked at no additional cost to the Government.

All invoices shall be submitted to the Contracting Officer’s Representative. Invoices shall comply with the standards in FAR 52.232-25, Prompt Payment.

13.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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 were 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.

14.

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

The name, address, and telephone number of the subcontractor.

B.

The date upon which the subcontract was entered into and its duration

C.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

15.

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 349 calendar days. Estimated start date is 2 November 2009 16.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide as many TSI Plot Inspection Cards as needed for the completion of the project.

17.

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

18.

SAFETY

Thinning and slash treatment is inherently dangerous. Hazards include, but are not limited to: chain saw injuries, long driving distances on low-maintenance level Forest Roads, tripping hazards, hyperthermia/hypothermia, fatigue, muscle strains, chemical burns, gasoline fire potential, dehydration, insect stings, overhead/falling debris, and lightning.

1.

Chainsaw hazards result from improper cutting techniques and fatigue, inattention to proper safety procedures and bar-tip location, improperly held/positioned chainsaw, and poorly trained sawyers.

2.

Driving along forest roads during early and late hours, before or after sunlight will subject drivers and riders to low light angles, dusty conditions, icy and/or muddy roads; as well as encounters with log hauling trucks, road machinery, hunters not watching the roadway, campers and other forest users that may not be intently aware of other motorists who are sharing the roadway.

3.

Tripping hazards include all manner of forest vegetation and other debris including rocks. Tripping hazards should also be considered inclusive of slippery surfaces during periods of rain and snow.

4.

Hyperthermia and Hypothermia may occur at anytime regardless of the absence of extreme weather conditions.

5.

Fatigue will occur usually after the lunch period, towards the end of the working day.

6.

Muscle strains may occur due to improper lifting, bending, twisting, or turning.

7.

Chemical burns may occur during the transfer of oil or gas, or by the unexpected discharge of chemical fire extinguishers. Gasoline fires may occur at anytime, but are most likely during refueling hot chainsaws, or during the transfer of petroleum products.

8.

Dehydration may occur during either warm or cool periods, or whenever employees are performing arduous tasks while neglecting to ingest adequate fluids that contain electrolytes.

9.

Insect stings may occur at anytime while in the forest and may include bees, wasps, or other types of biting stinging insects.

10.

Overhead and/or falling debris may occur at anytime in the work area. It may include treetops breaking out during periods of windy conditions, snow stress, or because of decaying limbs/trunks. Also included are rolling rocks, logs, and other debris which might become dislodged on steep slopes.

11.

Lightning should be regarded as a serious threat whenever active cumulo-nimbus (thunderhead clouds) are forecasted for the area, especially while working near or under tall trees.

Contractor shall provide a written job specific safety plan addressing the hazards identified above and other potential hazards known to the Contractor. The plan shall be presented at or before the post award conference for discussion.

19.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

20.

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

ATTACHMENT 1

ATTACHMENT 2

Cont. # Detail Unit Information Sheet (Black Snag PCT/HP/B-HP)

Req. #000000 Emigrant Creek Ranger District

Number

Feet

Minimum Approx. Leave Trees

Per

Acre

Leave

Species Preference

1/ Current Species

Composition Ips

2/ Max Dbh

Cut Limit Min Cut

Tree Hgt.

Max Cull

Tree DBH Miscellaneous Info

1 The species preference listed here supercedes what is listed under standard species preference in leave tree section of contract.

2 Cutting time will be restricted to between July 15 and December 15.

3 Cut all Western Juniper up to 12” DBH.

4 Unit is located within a Cooperative Travel Management Area.

5 Cut all trees up to 9” DBH that are located in the road prisms.

6 Reduce spacing to 5’ CWN within 50’ of RHCA, no equipment allowed within 50’ of RHCA..

7 Cutting time will be restricted to between September 1 and December 31.

8 Cut all trees up to 9” DBH from Aspen trees and/or Aspen Sprouts for 60 feet.

9 Leave one (1) clump of 60’ X 60’ per every 1 acre un-thinned, do not treat these clumps.

R6-FS-6300-52 (5/97)

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each year. The Forest Service may change the dates of said period by advance written notice if justified byunusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season, and shall update such certification when operations change

The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

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

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

Specific fire precautionary measures are as follows:

Smoking and fires shall be permitted only at the option of the Contractor. The Contractor shall not allow open fires on the project area without advance permission in writing from Forest Service.

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

All power-driven equipment operated by the Contractor on National Forest land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 BC, and one "D" handled or long handled round point shovel, size "0" or larger. In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.

Equipment shall be kept in a serviceable condition and shall be readily available.

Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger. The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

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

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

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

The Contractor shall restrict operations in accordance with the Industrial Fire Precaution Levels listed below. The Forest Service may change the Industrial Fire Precaution Levels to other values upon revision of the National Fire Danger Rating System and may change the specific Industrial Fire Precaution Levels when such changes are necessary for the protection of the National Forest. When sent to the Contractor, the revised Industrial Fire Precaution Levels will supersede the attached levels

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

INDUSTRIAL FIRE PRECAUTION (IFPL)

LEVEL

a. power saws, except at loading sites;

b. cable yarding;

c. blasting;

d. welding or cutting of metal.

Cable yarding - except that gravity operated logging systems employing non-motorized carriages may be operated between the hours of 8 p.m. and 1 p.m., local time, when all block and moving lines, except the line between the carriage and the chokers, are suspended 10 feet above the ground;

Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m., local time.

In addition, the following are permitted between the hours of 8 p.m. and 1 p.m., local time:

a. tractor/skidder operations;

b. mechanized loading and hauling of any product or material;

c. blasting;

d. welding or cutting of metal;

e. any other spark-emitting operation not specifically mentioned.

The following definitions shall apply to these Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.

Closed season (Fire Precautionary Period): That season of the year when a fire hazard exists as declared by the responsible agency official.

Contracting Officer: The person executing the contract, permit or license on behalf of the Government and includes that person's designated representative, acting within the limits of their authority or the duly appointed successor to the individuals.

Loading sites/woods site/project area: A place where any product or material (including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck or other vehicle

Low hazard area: Means any area where the responsible agency representative (WDNR, ORF, BIA, BLM) determines the combination of elements reduces the probability of fire starting and/or spreading.

Tractor/skidder operations: include a harvesting operation, or portion of a harvesting operation, where tractors, skidders, or other harvesting equipment capable of constructing fireline, are actively yarding forest products and can quickly reach and effectively attack a fire start.

Waivers, written in advance, may be used for any and all activities. Activities for which waivers may be issued include, but are not limited to:

Such waiver, or substitute precautions will prescribe measures to be taken by the Contractor to reduce the risk of ignition, and/or the spread of fire. The Contracting Officer shall consider site specific weather factors, fuel conditions, and specific operations that result in less risk of fire ignition and/or spread than contemplated when precaution level was predicted. Consideration shall also be given to measures that reduce the precaution levels above. The Contractor shall assure that all conditions of such waivers or substitute precautions are met.

The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to the start of work, from the appropriate Ranger District headquarters. If predictions made after 6:00 p.m., local time, are significantly different than the original prediction, the Forest Service will inform the Contractor when changes in restrictions or industrial precautions are made.

Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than industrial precaution level system.

The Contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool box or compartment of sound construction with a hinged lid and hasp so arranged that the box can be secured or sealed. The box shall be red and marked "Fire Tools" in letters one inch high. It shall contain a minimum of:

When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is granted, the Contractor shall designate a person who shall perform fire security services listed below on the project area and vicinity. The designated person shall be capable of operating the Contractor's communications and fire fighting equipment specified in the contract, excluding helicopters, and of directing the activities of the Contractor's personnel on forest fires. In lieu of having the designated person perform the required supervisory duties, the Contractor may provide another person meeting the qualifications stated above to direct the activities of Contractor's personnel and equipment during all fire fighting activities.

Services described shall be for at least 1 hour from the time the Contractor's operations are shut down. For the purposes of this provision, personnel servicing equipment, and their vehicles, who are not engaged in cutting or welding metal are excluded.

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

Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped with a long-handled, round point, No. "0" or larger, shovel, and a five-gallon backpack pump can filled with water will stay at location of blast for 1 hour after blasting is done. Blasting may be suspended by Forest Service in writing, in an area of high rate of spread and resistance to control.

Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest Service, which may specify conditions under which such explosives may be used and precautions to be taken.

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 LABOR

THE 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 process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE)…