AG-0489-S-10-0513 Aspen PCT Cut Skid.pdf

RECOVERY Opine Beetle Risk – Opine Cut/Skid Solicitation Number AG-0489-S-10-0512 Page 1 of 100

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 409089

2. CONTRACT NO. 3. AWARD/EFFECTI VE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-0489-S-10-0513 DATE

5/20/2010

a. NAME b. TELEPHON E NUMBER(No co llect 8. OFFER DUE DAT E/

7. FOR SOLICITATION Shirley Cochran calls) 503-668-1445 June 14, 2010 INFORMATION CALL: 1600 Pacific Time

9. ISSUED BY CODE 10. THIS ACQUISITON IS

US Forest Service

UNRESTRICTED OR SET ASIDE: 100% FOR

EROC NORTHWEST

16400 CHAMPION WAY

SMALL BUSINESS EMERGING SMALL

B USINESS

SANDY OR 97055 HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $17.5 M OWNED SMALL BUSINESS

11. DELIVERY FOR F OB D ESTIN ATION

UNLESS BLOCK I S MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A R AT ED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Deschutes National Forest, Fort Rock Ranger District

16. ADMINISTER ED BY CODE

Same as block 18

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA FOREST SERVICE

EROC NORTHW EST

16400 CHAMPION W AY

SANDY, OR 97055

TELEPHONE N0.

17b. CHECK IF REMIT TANCE I S DIFFER ENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOIC ES T O ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BEL OW

OFFER IS CHECKED

SEE ADDENDU M

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS::12 1118::TAS RECOVERY

Aspen PCT Cut/Skid Deschutes National Forest

Fort Rock Ranger District

This request is issued under the provisions of the American Recovery and Reinvestment Act of 2009

(Use Reverse and/or Attach Additional Sheets as Necessary)

See Lis t of Payment Items

Payment

Payment

25. ACCOUNTING AND APPROPRIATION D ATA

26. TOTAL AWARD AMOUNT (For Go vt. Use Only)

27a. SOLICITATION INCORPOR ATES BY REF ERENC E FAR 52.212 -1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACH ED

27b. CONTRACT/PURCHASE ORDER INCOR PORAT ES BY R EF ERENCE F AR 52.212 -4. FAR 52.212-5 IS ATTACHED. ADDEND A ARE ARE NOT ATTACH ED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCU MENT AND RETURN 1 . 29. AWARD OF CONTRAC T: REF. OFFER

COPIES TO I SSUING OF FICE. CONTRAC TOR AGREES TO FURNI SH AND

DELIVER ALL ITEMS SET FOR TH OR OTHER WISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO TH E TER MS AND CONDITION S SPECIFIED (BLOCK 5), INCLUDING ANY ADDITION S OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS T O ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CON TRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CON TRACTING OF FICER)

30b. NAME AND TITL E OF SIGN ER (T ype or print) 30c. DATE SI GNED 31b. NAME OF CONTR ACTING OFFIC ER (Type or print) 31c. DATE SI GNED

AUTHORIZED F OR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT U SABLE Prescr ibed by GSA - F AR (48 CFR) 53.212

RECOVERY Opine Beetle Risk – Aspen PCT Cut/Skid Solicitation Number AG-0489-S-10-0513 Page 2 of 100

19.

ITEM NO .

20.

SCHEDULE OF SUPPLIES/SERV ICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1a

1b

1c

1d

1e

1f

Pre-Marking

Mechanized Tree Felling

Skidding

Removal of Landing Slash

Whip Felling

Lopping

Total Amount

Technical Contact:

Matt Deppmeier 541-383-4707

Continuation of SF1449 Block 27:

The full text of a clause or provision may be Accessed electronically at www.acquisition.gov/far.

NOTE: FAX or emailed quotes will not be accepted.

AC

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINT ED NAME AND TITLE OF AUT HORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHO RIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUT HORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMB ER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMB ER

|PARTIAL | |FINAL

COMPLET E PARTIAL FINAL

38. S/R ACCOUNT NUMB ER 39. S/R VOUCHER NUMB ER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

http://www.acquisition.gov/far

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Vendor Name:

Mailing Address:

City, State, Zip:

Phone

Phone

Fax

E-Mail:

DUNS NUMBER:

TAX IDENTIFICATION

NUMBER (TIN):

MSAWPA Registration

Number

Oregon Farm / Forest

Labor Contractor License

ORCA [Online

Representations and

Certifications) current

YES_____________

NO______________

Identify the crew foremen and relative past experience

Identify the Project

Manager and percentage of time committed to on-the-ground management for this project

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REGISTRATION

Contractors must possess a valid Oregon Farm/Forest Labor Contractor‘s License via the Oregon Bureau of Labor and Industries. Ref: http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml

Contractors must possess a valid registration under the Migrant and Seasonal Agricultural Workers Protection Act. Ref: http://www.dol.gov/whd/forms/fts_wh530.htm

Contractors should register with the Central Contractor Registration System. Ref: http://www.ccr.gov

Contractors should submit annual representat ion and certifications via the Online Representation and Certifications Application (ORCA) website. Ref: http://orca.bpn.gov

Contractors should register with VETS-100. Ref: http://www.vets100.cudenver.edu

Offer Submittal Documents

A list of offer submittal documents is provided under the Addendum to FAR 52.212-1 Instructions. To receive full consideration for award, all documents must be completed, including a complete Questionnaire. Offers must be submitted to the SF1449 Block 9 location.

http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml http://www.dol.gov/whd/forms/fts_wh530.htm http://www.ccr.gov/ http://orca.bpn.gov/ http://www.vets100.cudenver.edu/

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TABLE OF CONTENTS

SF1449 – Solicitation for Commercial Items

Table of Contents

Contract Specifications, P lans, Exhibits, and Attachments

Contract Clauses

Addendum to FAR 52.212-4 Special Contract Clauses

Full Text Far Clauses o FAR 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements o Supplement to FAR 52.222-42 Statement of Equivalent Rates for Federal Hires o AGAR 452.219-70 Size Standard and NAICS Code Information o FSAR 4G52.222-701 Employment of Eligible Workers o FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal

Agricultural Workers o FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration o FSAR 4G52.222-704 Personal Protective Equipment o FSAR 4G52.222-705 Camping Provisions for Labor Intensive Contracts

List of Clauses Incorporated by Reference o FAR 52.215-5 Contract Terms and Conditions-Commercial Items

Solicitation Provisions

Addendum to FAR 52.212-1

Technical Proposal Submission Instructions

Proposal Submission Documents

FAR 52.212-2 Evaluation – Commercial Items

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

Addendum to FAR 52.212-3

Government Employees, Former USDA Employees, and USDA Relatives

Questionnaire

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CONTRACT SPECIFICATIONS, PLANS, EXHIBITS AND ATTACHMENTS

Detailed Specifications

Inspection and Acceptance

Performance Period Requirements

Contract Administration

Special Contract Clauses

Detailed Unit Data Sheets

Exhibit A – Thinning Inspection Report Form

Vicinity Maps 1-3

Appendix D – Road Maintenance Requirements

Service Contract Act Wage Determination 1977-0079 Revision 39 – Oregon

Fire Protection and Suppression

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SECTION C—DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

SECTION C—DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The purpose of this solicitation is to secure services on the Bend-Fort Rock Ranger District for: (a) pre-marking of trees

(849 ac.), (b) mechanized tree felling (849 ac.); (c) skidding of felled trees (849 ac.); (d) removal of landing slash from

National Forest Lands (849 ac.); (e) whip felling (849 ac.); and (f) lopping of whip felling slash (849 ac.).

C.2 LOCATION AND DESCRIPTION

(1) Project Location: Attached vicinity and project area maps show general locations. Work areas are located within the

Deschutes National Forest, on the Bend-Fort Rock Ranger District.

(2) Accessibility: Project areas may be reached by Forest roads suitable for hauling of heavy equipment during the normal operating season. The Government assumes no obligation to plow snow or to perform special maintenance to keep roads open. It is the Contractor's obligation to verify and get approval from the Government for travel routes.

(3) Boundaries: Individual treatment unit boundaries have been marked with:

(a) white tags showing the unit name & number, and

(b) pink and black striped ribbon.

There may be portions of other lines or boundaries in the area. These may be marked with flagging, aluminum tags, different posters, or a combination of flagging, tags, and posters. These should be disregarded by the Contractor and only boundaries marked as described above shall be used.

C.3 CONTRACTOR OBLIGATIONS

(1) Contractor shall furnish all machinery, equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work according to the specifications. All necessary road maintenance, temporary road construction, and landing construction necessary to access treatment units and remove landing slash from

Forest Service lands are the responsibility of the Contractor. (See C.17 Definitions of Specification Terms – Slash. See

Appendix D for required road maintenance specifications).

(2) Contractor shall provide operators that have sufficient skill and experience to perform the work properly, safely, and in accordance with the specifications. Operators who, in the opinion of the COR, do not do so, shall be removed from the project immediately by the Contractor upon written request by the COR.

(3) Contractor shall furnish warning signs when Contractor‘s operations are in progress adjacent to or on Forest Serv ice controlled roads and trails. ―Logging Operations‖ signs shall have 4‖ minimum letter ing and be a minimum size of 24‖ by 36‖ and be placed a minimum of 100 feet outside of any continuous work areas on roads leading directly to the work area. ―Tree Felling Ahead‖ signs shall have 3‖ minimum lettering and be placed on roads a minimum of 200 feet in advance of danger areas where timber is being felled adjacent to these roads.

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C.4 CONTROL OF WORK

(1) Project work may be done at any time during the effective period of the contract, except for the following conditions:

(a) When weather predictions indicate a hazardous fire condition warranting the curtailing of operations as specified elsewhere in this contract. (See Fire Precautions and Control, CORP section 36, pages 23-27).

(b) When soil moisture conditions create excessive risk of damage to the soil (see C.6 (4)). Soils in the project area are residual clays and are susceptible to damage under moist soil conditions. All ground disturbing activity under this contract shall be conducted under dry or frozen soil conditions.

(c) When snow depth creates a situation where requirements cannot be met, as determined by the COR.

(d) Seasonal operating restrictions for active raptor nests within ¼ mile of treatment areas are in effect from

March 1 through August 31 for northern goshawks and red-tailed hawks, February 1 through July 31 for golden eagles, and April 15 through August 31 for Cooper‘s hawks and sharp-shinned hawks. There are no known active nests that would affect this contract. If any nests are discovered, operating restrictions would apply.

(2) All refueling, maintenance, and repairs shall be done at landings or skid trails. No fluids shall be disposed of on

National Forest Lands. All oil, hydraulic fluids, etc, shall be transported to appropriate disposal sites.

(3) The Government reserves the right to prioritize the order in which units are treated.

(4) Location of all skid roads and trails, tractor roads, forwarder roads, other log skidding facilities, landings, processing sites, and any temporary roads needed to access units shall be agreed upon and approved by the Government prior to tree felling, their construction, or their use.

(5) All roads damaged by Contractor‘s operations shall be restored to their condition that existed prior to use by

Contractor. This may include but is not limited to blading of roads damaged by Contractor‘s operations.

(6) As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as outsloping, drainage dips, and water-spreading ditches. (See Appendix D for Road Standards).

C.5 HEAVY EQUIPMENT REQUIREMENTS AND LIMITATIONS

(1) All equipment utilized during Contractor operations shall be of durable design and construction to withstand the stresses of natural obstructions within forest lands such as rocks, stumps, roots, slash, dust and the general unevenness of uncultivated land.

(2) Overall width of equipment shall be such that equipment can operate within the leave tree density parameters as stated on the Detailed Unit Information Sheets and elsewhere herein, while meeting tree and soil damage requirements.

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(3) Mechanized felling equipment:

(a) May operate off existing or pre-designated skid trails except for harvesters as specified in C.14(2)(d). Off trail operations by felling equipment to cut or accumulate materials shall be limited to two roundtrips on any site-specific area.

(b) Shall be operated in a manner which will minimize detrimental soil compaction and displacement and minimize damage to residual trees and reproduction.

C.6 PREVENTION AND CONTROL OF SOIL DAMAGE AND EROSION

(1) Equipment shall operate on existing skid trails whenever possible (see C.14(2)(c)).

(2) Equipment shall not be required to operate on slopes that exceed 35 percent.

(3) During performance of contract work, the Contractor shall take precautions to minimize damage to the soil and vegetation including, but not limited to:

(a) Equipment shall not be permitted to cross meadows, stream channels, or non-work areas, except in places as designated by the COR.

(b) Water bars in skid trails, fire lines, spur roads, and other places disturbed by the Contractor, shall be repaired as directed by the COR.

(c) Construction of water control structures on temporary roads and skid trails where concentrated water flow may occur. (See Erosion Prevention and Control, CORP section 39, page 21).

(4) The Government may determine by visual observation that excessive soil disturbance, detrimental soil displacement, or detrimental soil compaction is resulting from the Contractor‘s operations and shall direct corrective procedures. To avoid such damage, the Government may suspend operations in whole or in part for such periods as are necessary.

(5) Damage attributable to the Contractor's operation shall be repaired immediately by the Contractor to prevent accelerated erosion or soil damage.

C.7 PROTECTION OF RESOURCES

(1) The Contractor shall be responsible for any damage caused by their personnel and/or equipment to existing structural improvements such as fences, property line monuments, bearing trees, road surfaces, road blocks, drainage structures, water developments, etc, as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition in a timely manner.

(2) In the event that any cultural or archaeological sites or any threatened or endangered plant species are discovered during operation of this contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Government. (See CORP section 26, page 21).

(a) Contractor shall protect all known and identified historic or prehistoric sites against destruction, obliteration, removal, or damage during contract operations.

(b) Contractor shall bear costs of restoration, provided such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

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C.8 PREVENTION OF DAMAGE TO LEAVE TREES AND RESERVE TREES

(1) The Contractor shall be required to exercise care during operations to protect leave and residual trees. Up to 3 damaged leave trees per acre, as determined by Government inspection, will be allowed without cost to the Contractor, however, no such allowance shall be given for damage to reserve trees (see C.17 Definitions of Specification Terms –

Leave Trees and Reserve Trees).

(2) Damaged leave and reserve trees will be considered as:

(a) Trees which have been pushed over or uprooted by the equipment or slash material being treated, causing a lean of more than ten degrees from vertical.

(b) Trees that are girdled or scarred by the equipment or slash material being treated, so that the bark is removed and cambium / sapwood is exposed on 1/4 or more of the circumference of the bole.

(c) Trees that have broken or cut tops or limbs due to the Contractor's operations.

(3) Leave trees meeting the above damage criteria may be cut and treated the same as all other material upon COR's approval. Reserve trees shall not be cut if damaged.

(4) The Contractor shall be liable to the Government for costs and damages incurred as a result of damaged leave trees, resulting from the Contractor's operations. Damage will be assessed based upon the following values:

(a) Leave trees 12 inches tall to 1.9 inches DBH Not Applicable

(b) Leave trees 2 inches DBH to 5.9 inches DBH $10.00 per tree

(c) Leave trees 6 inches DBH to 9 inches DBH $20.00 per tree

(d) Trees 9.1 inches DBH and above $50.00 per tree

(e) Lodgepole pine wildlife tree or snag $100.00 per tree

(f) Ponderosa pine wildlife tree or snag $250.00 per tree

(g) All species of select trees $500.00 per tree

C.9 RETENTION OF WILDLIFE LOGS / DOWN WOODY MATERIAL

(1) In all units where such material is available, Contractor shall leave a total of three logs per acre, in log classes 2 and 3, having a volume of at least 40 cubic feet. Example of logs containing 40 cubic feet (160 board feet):

12 inches in diameter and 36 feet long

18 inches in diameter and 20 feet long

24 inches in diameter and 12 feet long

(2) Contractor shall not move or disturb from natural bed, class 4 and 5 logs. (see C.17 Definitions of Specification

Terms – Log Decomposition Classes).

C.10 Pre-marking

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(1) Contractor pre-marking of ―leave trees‖ using Contractor furnished tree marking paint is required for all units.

(2) Tree felling/cutting shall not be permitted in units requiring pre-marking until inspection of the pre-marking has been completed and accepted by the Government.

(3) Government approval of the color of Contractor furnished tree marking paint is required prior to the beginning of pre-marking.

(4) Selection of trees to leave and cut shall be based on specifications under C.11, C.12, C.13 and the Detailed Unit

Information Sheets.

(5) Pre-marking shall be done as follows:

(a) Paint a band no greater than 2 inches wide at breast height that completely encircles the tree. Alternatively, trees may be painted with dots visible to equipment operators at breast height on four sides of the tree.

(b) Corrections shall be made by completely marking out the paint band with Contractor furnished brown or black paint.

C.11 Tree Felling

(1) SELECTION OF LEAVE TREES

(a) Leave trees, as described further herein and on the Detailed Unit Information Sheets, shall be determined by the

Contractor and shall be the best, crop-suitable trees available to meet average density requirements, provided the

Government may designate (mark) individual leave trees where selection is complicated by size and cull characteristics (see C.17 Definitions of Specification Terms – Best Tree / Crop Suitable).

(b) Residual overstory ponderosa pine SHALL be considered in residual dens ity requirements.

(c) Cull trees larger than 16 inches DBH SHALL NOT be considered in residual density requirements (see C.12 for the definition of cull trees).

(d) All trees less than the minimum cutting height as specified in the Detailed Unit Information Sheet SHALL NOT be considered in residual density requirements.

(e) Leave trees shall be selected based on the following characteristics, in the following order of priority: (see C.17

Definitions of Specification Terms – Tree Class / Crown Class).

(1) The best formed dominant ponderosa pine free of damage, disease and defect.

(2) The best formed codominant ponderosa pine free of damage, disease and defect.

(3) The best formed intermediate ponderosa pine free of damage, disease and defect.

(4) The best formed ponderosa pine with the least amount of damage and/or defect.

(f) Trees marked with boundary tags shall be left uncut (flagged trees may be cut if necessary).

(g) Reserve trees shall be left uncut (see C.17 Definitions of Specification Terms – Reserve Trees).

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(h) Retain all trees ≥ 21‖dbh.

(2) LEAVE TREE DENSITY REQUIREMENTS

(a) In achieving the residual leave trees per acre specified in the Detailed Unit Information Sheets, spacing between leave trees shall be varied as necessary in order to:

(1) retain the best crop-suitable trees available, and

(2) compensate for low numbers of available crop-suitable trees in or near natural or created openings.

(b) Density compliance: Range of leave trees per plot by tree size to meet density requirements specified in the

Detailed Unit Information Sheets:

SPECIFIED PLOT PLOT AVG. & RANGE

DENSITY SIZE RADIUS TREES / PLOT

70 TPA 1/10th AC 37.2 ft. 7 = 6 – 8

C.12 CULL TREE DEFINITION

(1) DISEASED TREES

(a) Dwarf Mistletoe: Generally, ponderosa pines with evidence of mistletoe infection in the upper half of the crown, or as otherwise specified on the Detailed Unit Information Sheets.

(b) Western Gall Rust / Bole Cankers: Trees with one or more visible bole infections that encompass 50 percent or more of the bole‘s circumference.

(2) DEFECTIVE TREES

(a) Crooked Trees: Trees with a sharp crook on the main bole, which is less than 13 feet from the ground and offset more than 3 inches from the longitudinal axis.

(b) Forked Trees: Trees with one or more forks in the live crown or dead or broken-out tops of the bole within 13 feet of the ground surface.

(c) Swept Trees: Trees with excessive sweep in the bole; generally anything offset more than half of the tree‘s diameter (DBH).

(3) DAMAGED TREES

(a) Girdled / Damaged Boles : Trees that are girdled or otherwise damaged so that the bark is removed and the cambium / sapwood is exposed on 1/4 or more of the bole‘s circumference.

(b) Damaged Tops: Trees with broken tops where such breakage will affect subsequent height growth to any extent or reduce the quality of the tree.

(c) Leaning Trees: Trees which are leaning more than 20 degrees from vertical, as a result of past operations, snow or wind damage, etc.

(4) TREES WITH LOW LIVE CROWN RATIOS (see C.17 DEFINITIONS, Live Crown Ratio / LCR )

(1) Trees may be considered cull when the live crown ratio (LCR) falls below a specified percentage, generally 30 percent for ponderosa pine

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(2) Acceptable LCR percent may vary among individual treatment units. LCR percents, if different than those stated above, are specified in the Detailed Unit Information Sheets under Additional Information.

(5) ALL LODGEPOLE PINES AND WESTERN JUNIPERS

C.13 CUT TREE EXECUTION

(1) Trees to Cut (Cut trees):

NOTE that the following always applies to trees within the minimum and maximum cutting specifications (over the minimum height and less than or equal to the maximum cutting diameter as specified on the Detailed Unit

Information Sheets).

(a) All live excess trees not needed to meet average density requirements, or not otherwise designated as a leave tree or a reserve tree.

(b) All cull trees.

(c) All dead trees less than 8 inches DBH, or as otherwise specified in the Detailed Unit Information Sheets.

(d) All trees within Government approved clearings for Temporary Roads and landings are designated for cutting when marked in advance by Government.

(e) All dead or unstable live trees are designated for cutting that are sufficiently tall to reach Contractor‘s landings, work areas, or the roadbed of Specified and Temporary Roads when marked in advance by Government.

(f) All trees within 4 feet of system road (numbered) surfaces.

(2) Cut trees shall be:

(a) Cut such that stump heights do not exceed 6 inches on the side adjacent to the highest ground, except that occasional stumps of greater heights are acceptable when Contractor determines they are necessary for safe and efficient conduct of logging. Unless otherwise agreed, Contractor shall re-cut high stumps so they will not exceed the 6 inch maximum height.

(b) Completely severed from the stump. A cut tree which is not completely severed from its stump will be counted as an excess tree on the inspection summary.

(c) Felled so that they fall within the contract unit boundary and shall not be a hang-up tree.

(d) Felled, whenever possible, away from leave trees, activity-created or existing slash, brush, etc, toward openings, skid trails and landings.

C.14 SKIDDING / YARDING REQUIREMENTS

(1) MATERIAL REQUIRED TO BE SKIDDED

(a) All cut trees 3 inches DBH and greater and over 8 feet in height.

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(b) All down woody material excess to that required to be retained under C.9 that has a large end diameter of f rom 7 to 16 inches and is a minimum of 16 feet in length.

(2) SKIDDING EXECUTION

(a) All trees and down woody material required to be skidded shall be Whole Tree Length Yarded to pre-approved landings.

(b) The leading end of logs shall be suspended while skidding on skid roads/trails.

(c) Skidding equipment shall stay on approved Forest Service skid roads/trails.

(d) Distance between primary skid roads/trails shall be an average of 100-150 feet apart except where converging at landings or where existing skid trails are used. Closer spacing due to complex terrain or row plantings of trees requires approval by the Government. Closer spacing due to use of harvester/forwarder machinery will be allowed if harvesters stay on approved forwarder roads/trails averaging 60 feet apart or where existing roads/trails are used.

C.15 LANDING SLASH

(1) Landing slash shall be removed by Contractor from Forest Service Lands.

(2) Landing slash required to be removed by Contractor from Forest Service Lands consists of all material skidded to landings. Landing slash also includes slash resulting from the construction/clearing of landings.

(3) Removal of landing slash may be done concurrently with tree cutting and skidding operations.

(4) If Contractor elects to remove landing slash in chip form, incidental chips created during chipping operations shall be scattered across the entire area of the landings to a depth of no more than 3 inches.

C.16 LOPPING

(1) Lopping of activity-created slash resulting from whip felling is required for all units.

(a) Activity-created slash shall have limbs severed and/or stems and tops cut to the extent that none of the slash extends above 15 inches from the ground surface.

(b) Cutting of pre-existing slash, brush or other material may sometimes be necessary to achieve the specified maximum height of lopped activity-created slash. For units requiring lopping, any additional cutting of pre-existing slash, brush or other material shall be considered incidental to the treatment of activity-created slash for purposes of inspection, acceptance and payment.

(2) The Contractor shall pull back all activity-created slash as stated below:

(a) Roads: Pull back all slash from any road surface and within 6 feet of any road surface.

(b) Trails: Pull back all slash from the surface of, and within 6 feet of any established hiking trail, horse trail, OHV trail, etc.

C.17 DEFINITIONS OF SPECIFICATION TERMS

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Best Tree – The tallest tree with the fullest crown that is least affected by visible disease; defect; and animal, insect, or mechanical damage.

Bole – The main stem of a tree from which individual branches radiate.

Bole Canker – A disease of the bark and cambium that causes a well-defined sunken or swollen les ion on the affected tree‘s bole.

Brush – For this contract, all greenleaf manzanita (Arctostaphylos patula), snowbrush (Ceanothus velutinus), antelope bitterbrush (Purshia tridentada), and golden chinkapin (Castanopsis chrysophylla), live or dead.

Crop Suitable – Any tree which, based on its characteristics, can be selected to become a component of a future commercial harvest.

Crown – The live green foliage and foliage-supporting branches of a tree.

Codominant – see Tree Class / Crown Class

Cull – In this contract, a live tree that does not meet or is not expected to meet certain specifications of usability (see C.12

CULL TREE DEFINITION).

Cull piece – A log or portion of a log that meets minimum sawtimber size specifications but which does not meet net scale specifications.

Cut Trees – Trees that are to be removed by thinning, as specified in the Detailed Unit Information Sheets.

DBH – ‗Diameter at Breast Height.‘ The diameter of the bole of a tree, measured at a point 4 ½ feet above ground level on the uphill side of the tree.

Defect – Any feature that lowers the utility or commercial value of a tree.

Deficient Tree – A tree that was cut and which should have been left to meet average spacing requirements.

Detrimental Soil Compaction – Compaction is a condition resulting from a process which increases the bulk density of the soil and decreases soil porosity as a result of the application of mechanical forces such as weight and vibration. Detrimental compaction is a 20 percent increase in soil bulk density over background levels of the site.

Detrimental Soil Displacement – Soil displacement is the removal and horizontal movement of soil from one place to another by mechanical forces such as a blade or equipment. Detrimental displacement is the removal of more than 50 percent of the topsoil or humus enriched A1 and/or AC horizons from an area of 100 square feet or more which is at least 5 feet in width.

Dominant – see Tree Class / Crown Class.

Drip Line – An imaginary cylinder formed by the outer edges of the crowns of trees.

Excess Trees – Includes any of the following:

(1) Trees not needed to meet spacing requirements and which should be cut.

(2) Trees not needed to meet spacing requirements which are left uncut.

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(3) A cut tree which is not completely severed from its stump or a stump containing live green limbs that does not meet specifications contained elsewhere herein.

Hang-Up Tree – A cut tree suspended 3 feet or higher above the ground surface in any way by another leave tree, stump, brush, rock, etc.

Intermediate – see Tree Class / Crown Class

Leave Trees – The best trees determined to be left uncut in order to meet average spacing or density requirements.

Live Crown Ratio / LCR – The portion of the bole of a tree that supports green foliage, expressed as a percent of the total tree height to the nearest 10 percent.

Log Decomposition Classes –

Class 1 Log – Bark intact with twigs present. Texture is intact to partly soft and shape is round. Color of wood is original and the portion of the log on the ground is elevated on support point(s).

Class 2 Log – Bark intact with the absence of twigs. Texture is intact to partly soft and shape is round. Color is original and the portion on the ground is elevated on support point(s) but is sagging slightly.

Class 3 Log – Trace of bark and an absence of twigs. Majority of the log is sound with some area(s) of decomposition occurring and the shape is round. Original color may be faded and the log is sagging near the ground.

Class 4 Log – Absence of bark and twigs. Log made up of small, soft, and blocky pieces . Log is round to oval in shape. Color light brown to faded brown or yellowish. The entire log is on the ground.

Class 5 Log – Absence of bark and twigs. Log is soft and powdery in texture. Log is oval in shape. Color is faded yellow / light yellow to grey in color. The entire log is on the ground.

Mistletoe / Dwarf Mistletoe – A signif icant parasitic problem plant of western coniferous forests. Mistletoe develops extensive absorption systems in the host, causing injury through diversion of nutrients and growth reduction. Often causes

―brooms‖ of abnormally prolif ic branching.

Plot: 1/10th Acre Plots – Circular plots used to measure the average number of leave trees per acre. 1/10 th acre describes a circle with a radius of 37.2 feet.

Reserve Trees – Trees other than leave trees determined to be left uncut within unit boundaries. Reserve trees shall include the following:

(1) All trees greater than the maximum cut tree specification.

(2) Any tree of a species not addressed in the Detailed Unit Information Sheet.

(3) Wildlife Trees – those designated as reserved for use by wildlife. Marked with orange paint and/or brown metal signs.

(4) Select Trees – those exhibiting desirable characteristics and which have been selected for participation in a

Genetic Tree Improvement Program. Marked with a wide horizontal band of orange paint and/or yellow metal signs.

(5) Trees marked with orange paint.

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Residual Overstory – Larger, mature, live trees comprising the uppermost canopy layer which were reserved in prior harvest activities, typically as seed trees, shelterwood trees, future snags, etc. For this contract, these are live trees whose DBH exceed the maximum excess tree cut DBH as specified in Detailed Unit Information Sheet.

Select Tree – See Reserve Trees

Slash – Vegetative material including tree boles, tops, limbs, broken tops, cull logs, chunks, and pushed out stumps and root wads, resulting from thinning, skidding or other contract activity, or naturally occurring fuels which have accumulated as the result of disturbances such as beetle-kill, fire, and snow or wind damage. Activity-created slash refers to that created from the current activity being implemented. Pre-existing slash refers to that created from prior activities, or from natural means such as beetle kill, wind throw, etc.

Spacing – The distance in feet between leave trees, where the average is computed on all trees within a given plot area to allow flexibility in selecting the best tree.

Temporary roads – Roads that are constructed by Contractor for the purpose of completing requirements of this Contract for cutting, skidding, decking, and removal of landing slash.

Thinning – Treatment to reduce stand density of trees – primarily to improve growth and enhance forest health – by the cutting of trees in excess of those to be left for future management.

Tree Class / Crown Class –

Dominant – A tree whose crown extends above the general level of the forest canopy and which receives full light from above and partial light from the sides.

Codominant – A tree whose crown helps to form the general level of the forest canopy and which receives full light from above but comparatively little from the sides.

Intermediate – A tree whose crown extends into the lower portion of the forest canopy, is shorter in height than the codominants, and receives little direct light from above and none from the sides.

Western Gall Rust – A disease that produces conspicuous round growths on the affected tree‘s bole and/or branches.

Whip felling – The cutting of excess, cut, or cull trees that are between 2 feet in height and 3 inches DBH; usually accomplished using a chainsaw.

Wildlife Log – A down log at least 10 inches in diameter on the large end and 20 feet long.

Wildlife Tree – A standing live or dead tree (wildlife snag), designated as reserved for use by wildlife. Marked with orange paint and/or brown metal signs.

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed Price (AUG 1996)

E.2 CONTRACTOR INSPECTION PROCEDURES

NOTE: The requirement for a Contractor-furnished inspection system is hereby waived. The Government will maintain all inspection systems for work provided under this contract.

E.3 GOVERNMENT INSPECTION PROCEDURES - GENERAL

(1) The COR or a designated inspector will make periodic inspections while work is in progress, usually daily at first, to assure that work is proceeding satisfactorily. Subsequent inspections for similar work will normally be made following notification by the Contractor of completion of individual treatment units. Contractor may observe inspections while they are being made and, upon request, receive copies of the Inspection Report forms.

(a) As a basis for payment, the COR or designated inspector will inspect for compliance with specifications on individual treatment units reported as completed by the Contractor.

(b) Each work unit as designated on the attached contract maps and described in the Schedule of Items and on the

Detailed Unit Information Sheets will be inspected as a separate unit and will not be averaged with any other area for acceptance or payment.

E.4 GOVERNMENT INSPECTION PROCEDURES – PRE-MARKING AND WHIP FELLING

(1) Inspections of pre-marking and whip felling will be made on a series of 1/10th acre plots, as indicated below, taken at intervals along transects within treatment units. The number of plots taken will be sufficient to total at least 1 percent of the area in the unit being inspected. Plots will be distributed such that the best representative sample is obtained.

SPECIFIED PLOT PLOT AVG. & RANGE

DENSITY SIZE RADIUS TREES / PLOT

70 TPA 1/10th AC 37.2 ft. 7 = 6 – 8

(2) The COR or designated inspector will mark the location of each inspection plot on the ground using flagging to indicate plot centers. Plots will be consecutively numbered and dated to correlate with the inspection form. The inspector will include their initials on the flagging.

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(3) Minimum number of plots per treatment unit shall be as follows:

Unit Acreage Minimum Number of Plots

1 to 29 1 plot per acre

30 to 59 30 plots

60 to 99 1 plot per 2 acres

100 + 50 plots

(4) At each plot, the Government will examine the plot area and record, on a Thinning Inspection Report form, findings on the items listed below: (Reference EXHIBIT A)

(a) Number of trees to be left.

(b) Number of trees left.

(c) Number of satisfactory trees left.

(d) Number of trees deficient.

(e) Number of trees excess.

(1) Cut trees which are still attached at the stump shall be counted as excess trees.

(2) Stumps containing live limbs which are not in accordance with specifications shall be counted as excess trees.

(5) All trees within the plot will be noted in the Remarks column, listed by species and 1-inch diameter class. Example: 7 trees in plot = 3 PP - 5‖ / 2 PP - 4‖ / 1 LP - <1‖

(6) Work quality shall be calculated on the form as follows:

No. Trees Deficient + No. Excess Trees

-------------------------------------------------- = % Unsatisfactory work

No. Trees to be left

100% – % Unsatisfactory work = % Work Quality

(7) Payment rate for work quality at or above 90% will be calculated as follows:

% Work Quality + 5.0 % Statistical Variation (SV) = % Payment rate

(8) Examples:

(a) 2 Trees Deficient + 4 Trees Excess 6

------------------------------------------ = --------- = 5.22% = 5% Unsatisfactory work

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115 Trees to be left 115

100% – 5% = 95% Work Quality

95% + 5% (SV) = 100% Payment rate

(b) 5 Trees Deficient + 2 Trees Excess 7

----------------------------------------- = --------- = 7.61% = 8% Unsatisfactory work

92 Trees to be left 92

100% – 8% = 92% Work Quality

92% + 5% (SV) = 97% Payment rate

(c) 3 Trees Deficient + 9 Trees Excess 12

------------------------------------------- = --------- = 10.71% = 11% Unsatisfactory work

112 Trees to be left 112

100% – 11% = 89% Work Quality

No payment made

E.3 ACCEPTANCE AND PAYMENT – PRE-MARKING AND WHIP FELLING

(1) Percentages as calculated herein shall be rounded to the nearest whole percent.

(2) No allowance for variation or portion of a variation will be added which will create a percentage greater than 100 percent.

(3) For work quality of 95 percent or higher, the 5 percent adjustment for statistical variation will be added and the Contractor will be paid 100 percent of their bid rate. For work quality from 90 to 94 percent, the 5 percent adjustment for statistical variation will be added and the Contractor will be paid the actual acceptable work quality percent, plus the 5 percent, multiplied by the bid rate. For work quality 89 percent and less, the 5 percent adjustment for statistical variation will not be added and there will be no payment made to the Contractor.

E.4 UNSATISFACTORY PRE-MARKING AND WHIP FELLING

(1) If the work quality falls below 90 percent, the COR will immediately notify the Contractor in writing and order him to improve the quality of subsequent pre-marking or whip felling. If the quality of subsequent pre-marking or whip felling is not

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Contractor‘s right to proceed may be terminated and the contract considered in default.

(2) If the work quality for pre-marking falls below 90 percent, Contractor shall be required to rework unit. Mechanized tree felling in unit shall not be permitted until pre-marking work quality of 90 percent or greater is achieved and pre-marking is accepted by the Government.

(3) If the work quality for whip felling falls below 90 percent as a result of excess trees, the Government may elect to do one of the following:

(a) Order rework(s) to be performed and withhold payment until excess trees are cut and the results of a post-rework Government inspection show work quality to be at least 90 percent or more. No rework(s) shall be performed by the Contractor unless ordered / authorized by the COR.

(b) Order that no rework be performed and payment will either be made at a reduced rate, or not at all, as determined from the Thinning Inspection Report.

(4) Repeated failure to produce work quality at or above the 90 percent minimum acceptable standard will be considered reason for contract termination and default action.

E.5 REINSPECTION UPON CONTRACTOR REQUEST

(1) If Government inspection results are unacceptable to the Contractor, a reinspection may be requested, in writing, within 5 business days after receipt of notice of said inspection results. The same inspection procedure w ill be used; however, the inspection pattern will be shifted so that new inspection plots will not overlap previously inspected plots.

(2) If reinspection results – rounded up to the nearest whole percent – indicate a variance of more than 5 percent from the first inspection, the results of the second inspection will be used to calculate work quality and payment, and the Government will bear the cost of reinspection.

(3) If reinspection results – rounded up to the nearest whole percent – are within 5 percent of the first inspection, plots from the initial inspection and the reinspection will be combined and used to calculate work quality and payment, and the

Contractor shall bear the cost of reinspection.

E.6 GOVERNMENT INSPECTION PROCEDURES – MECHANIZED TREE FELLING, SKIDDING, REMOVAL

OF LANDING SLASH, AND LOPPING

(1) The COR or designated inspector will determine compliance of mechanized tree felling, skidding, landing slash removal, and lopping to contract specifications for purposes of acceptance and payment through 100 percent visual inspection.

(2) Mechanized tree felling, skidding, landing slash removal, and lopping within treatment units, or portions thereof, that is not accomplished in accordance with specifications, shall automatically require rework, as many times as necessary to conform to specifications.

PERFORMANCE PERIOD REQUIREMENTS

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the

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CONTRACT ADMINISTRATION

(a) CONTRACTING OFFICER‘S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer‘s Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference.

The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term ―Contracting Officer‖ as used throughout the contract shall be interpreted to include the Contracting Officer‘s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR‘S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

CONTRACTING OFFICER’S REPRESENTITIVE:

Name: Matt Deppmeier Telephone Number: (541) 383-4707

Pre-Work Conference: Prior to the start of work the Contractor shall meet with the Government to discuss contract terms and work performance requirements. Discussion will include: the contractor‘s work Progress

Schedule, and Fire Prevention and Suppression Plans. The meeting shall be held prior to issuance of any

Notice to Proceed and within 10 days from contract award at a mutually agreed location. A contractor-designated representative or foreman (whomever the contractor will have on the site) shall be present at the meeting.

SPECIAL CONTRACT CLAUSES

PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES, AND

CAVE RESOURCES

Locations of known areas needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground. Special protection measures needed to protect such known areas are identified in K(T)-G.2.4#. (supplemental info. provided for Stewardship)

In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor‘s operations.

Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor‘s Operations within such areas in lieu of required cross ditching.

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Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites.