09_0008_CORP_Appendix_A_FREWIN_Grapple Piling.doc

CORP Specification Appendix A – Fremont Winema

Grapple Piling

FUELS MANAGEMENT

SECTION C--DESCRIPTION/SPECIFICATIONS

FRE-WIN FUELS-1

STATEMENT OF WORK/SPECIFICATION (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J.

FRE-WIN FUELS-2

ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

FRE-WIN FUELS-3

SCOPE OF CONTRACT

It is the purpose of this solicitation to secure services for fuels management using a Low Ground Pressure Excavator with a Rotating Grapple the National Forests. Treatment shall result in desired fuels reduction with minimum damage to reserve trees and soil. Treatment shall include excavator machine slash piling of logging, pre-commercial thinning and natural slash. Project areas are within recently harvested stands and areas that have not been harvested for many years or other areas identified on unit specifications sheets.

FRE-WIN FUELS-3.1

LOCATION AND DESCRIPTION

Location The current project work areas will be located on the Deschutes, Ochoco, Freemont and Winema National Forests. The location of each area of work, maps, and detailed unit information sheets, if applicable, will be issued with each task order.

Boundaries

Boundaries other than for easily identified cutting line will be plainly marked by the Government with contract boundary tags and/or supplemented where needed with plastic ribbon when task order is issued.

FRE-WIN FUELS-3.2

ACCESSIBILITY

The project areas are normally accessible on forest roads by standard pickup (with snow tires and chains, if needed) during normal operating seasons. Areas within the treatment units may require a high clearance 4X4 vehicle for spring and late fall work, weather permitting. If roads become inaccessible due to snow, fallen trees, slides, washouts, etc., the Government may direct the Contractor to use an alternative route under the Changes clause of this contract.

In order to minimize soil erosion and damage to National Forest lands and roads, all roads are subject to closure during spring and fall break up or whenever soil or weather conditions require.

The Government assumes no obligation to do special road maintenance to keep roads open.

At times spur roads shown on project maps may not be accessible by vehicle but show a previously known road to the work area. No vehicles will be permitted to operate off system roads without prior approval of the Contracting Officer.

FRE-WIN FUELS-4.0

MOTORIZED EQUIPMENT

Use of motorized equipment other than approved project equipment will not be off designated roads in the project area without prior approval of the Contracting Officer, or as hereafter provided.

Equipment will not be allowed to travel across country from one unit to another without prior approval of the Contracting Officer.

FRE-WIN FUELS-4.1

LIABILITIES

The Contractor shall assume all risk and loss or damage to the Contractor’s equipment and personal injury to Contractor or employees and shall hold and save the Government and its employees harmless from liability of any nature or kind resulting from Contractor’s performance under this contract, except for negligent acts by the Government employees.

FRE-WIN FUELS-4.2

DETAILED PILING UNIT INFORMATION

Unit details and maps of the units to be treated will be attached to each Task Order.

FRE-WIN FUELS-4.3

DEFINITIONS OF SPECIALIZED TERMS

AVERAGE SPACING: The distance in feet from one leave tree to the next acceptable leave tree.

BOLE: The main woody part of the tree or trunk, which supports the crown section.

CALENDAR DAYS: Every day shown on the calendar.

CAMBIUM: The thin layer of tissue between the bark and the woody fiber of the tree.

DAMAGED TREES:

a. Pushed over or uprooted by the equipment or slash material being treated, causing the tree to lean more than ten degrees from vertical.

b. Trees that are girdled so that the bark is removed and wood is exposed on one quarter or more of the circumference.

c. Leave trees that have broken tops due to Contractor’s operations.

d. A tree with lateral root damage either cut or exposed.

D.B.H.: Diameter of the stem at breast height, measured at a point 4 ½ feet above ground level on the uphill side.

DRIP LINE: The line around a tree crown where moisture would strike the ground. Also defined as an imaginary cylinder formed by the outer edges of the crown on trees.

EXISTING TREE: A tree of good form and vigor, which shows no physical damage as specified elsewhere.

GRAPPLE PILE: Grapple piling means to “lift and place” material rather than to “push and pile”.

LOPPING: The removal of branches attached to cut material to achieve desired slash height.

LOW GROUND PRESSURE (LGP): Ground pressure equivalent to a maximum of 5 pounds per square inch (PSI).

NOXIOUS WEEDS: Any invasive plant species, not native to a particular ecosystem that is likely to cause economic or environmental harm, or harm to human health.

PHYSICAL IMPROVEMENTS: Includes fences, land boundary markers, survey monuments, culverts, etc.

PLOT: A measured area of land.

QUALITY ASSURANCE: The actions taken by the Government or their representative to assess the results of treatments to determine if they meet contract requirements.

QUALITY ASSURANCE SURVEILLANCE PLAN: Organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

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

ROTTEN LOG: Absence of bark, wood fiber is soft, spongy and breaks into small blocky pieces.

SECTIONING: Cutting tree trunks (boles) into specified lengths or cutting the bole of the tree to achieve specified slash depth.

SELECT TREE: Individual trees that have been previously identified as being phenotypically more desirable than other and are marked with tree number tag, orange paint band, and/or yellow protection sign.

SLASH: Material felled, cut, or otherwise downed resulting from work performed under this contract or any woody debris generated by project work, logging, natural occurrence or other activity.

SPACING: The horizontal distance from the center of the trunk of one leave tree to the center of the trunk of the nearest leave tree.

THINNING: The cutting of trees in excess of those to be left for future management.

WATERCOURSES: Includes live streams, intermittent stream courses and springs. Intermittent stream courses will be defined channels showing signs of scouring or washing.

WILDLIFE LEAVE AREAS: Leave tree islands or clumps left untreated for wildlife.

FRE-WIN FUELS-4.4

CONTROL OF WORK

The Contractor agrees to conduct its operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits and other regulations.

The Contractor shall meet all State and local environmental quality laws applicable to National Forest system lands.

The Government may specify a priority of work by item(s), or sub-units within the Item(s), during the period of the contract. With-in the general project area, the Government will exclude non-work areas, such as rocky and other special areas. Non-work areas will be designated prior to work on that segment of the project area. Non-work areas will be flagged, and posted and shown on maps provided prior to work beginning.

If any cultural or archeological sites are discovered during operations of this contract, work will be suspended in the immediate vicinity of the site until a reconnaissance survey is completed by the Forest Archeologist. Areas excluded from treatment shall be deleted from the contract.

Project work may commence within the term of the contract except under the following conditions:

1. Weather predictions indicate a hazardous fire condition warranting curtailment of operation, as specified elsewhere in this contract.

2. Weather conditions which do not allow effective work, such as snow, periods of rain or other weather-related conditions as determined by the Contracting Officer.

3. When mitigation measures for wildlife are required, such as fawning and calving season and hawk and eagle nesting season which occur March through August. Seasonal operating restrictions for each unit will be provided by the Government upon issuance of task orders.

FRE-WIN FUELS-4.5

PREVENTION AND CONTROL OF SOIL DAMAGE AND EROSION

During performance of contract work, the Contractor shall take precautions to minimize damage to the soils and vegetations including but not limited to:

(1) Machines shall not be permitted to cross meadows, streams channels, or other nonwork areas unless directed by the COR.

a.

For Meadow areas, equipment shall not be allowed to operate when ground conditions are such that detrimental puddling occurs and ruts form.

(2) Waterbars in skid trails, firelines, spur roads, and other places disturbed by the Contractor, shall be repaired as directed by the COR. To avoid such damages, the Forest Service may suspend operations in whole or in part for such periods as are necessary. Damage attributed to the Contractor’s operation shall be repaired immediately by the Contractor to prevent accelerated erosions or soil damage.

(3) Piling shall be performed in a manner that does not result in soil compaction or detrimental soils displacement.

(4) Typical season of operation to avoid damage to wet soils in meadows is August 15 to October 31, unless otherwise determined by the CO.

FRE-WIN FUELS-4.6 PREVENTION OF DAMAGE TO RESIDUAL TREES

(1) Contractor shall be required to exercise care during operations to protect leave trees. No damage is allowed on genetically superior trees.

(2) A damaged leave tree will be considered as:

a.

Pushed over or uprooted by the equipment or slash material being treated, causing the tree to lean more than ten degrees from vertical.

b.

Trees that are girdled so that the bark is removed and wood is exposed on one quarter or more of the circumference.

c.

Leave trees that have broken tops due to Contractor’s operations.

d.

A tree with lateral root damage either cut or exposed.

FRE-WIN FUELS-4.7

MECHANICAL SLASH TREATMENT

XX 1.1 - Treatment shall include excavator machine slash piling of logging, pre-commercial thinning and natural slash within a project area.

XX 1.2 - Treatment shall include excavator machine slash piling of logging, pre-commercial thinning and natural slash within 20 feet of existing skid trails, roads, landings and within Designated Treatment Areas. Contractor shall operate machine piling equipment on skid trails, roads, landings and within Designated Treatment Areas only. Designated Treatment Areas are areas within a project area where the equipment’s travel is not restricted.

A.

Specifications – For XX XX and XX XX (a) Locate all piles a minimum of 10 feet from the crown or drip line of any live tree, unit boundary, and wildlife leave areas.

(b) Piles shall not be located in draws, riparian areas, roads and/or non treatment areas, near standing snags, on logs and stumps.

(c) Pile size shall vary according to slash abundance and available opening size. Piles shall be placed to minimize damage to residual trees when they are burned. Pile height shall be a minimum of 8 feet and pile diameter shall be a minimum of 10 feet.

(d) Piles shall be compact and free of soil.

(e) Locate all piles a minimum of 20 feet from Select trees, all bearing trees and land survey marked or posted trees, fences and designated ATPs.

B.

Specifications for XX XX only

(a) When possible, slash shall be placed on existing skid trails and landings. This may require the operator to pile the slash behind the machine as it works along a skid trail.

FRE-WIN FUELS-4.8

MATERIAL TO BE TREATED

Material to be treated consists of all down woody material greater than 3 feet in length created from vegetation treatments (such as harvest, thinning, etc.) or created through natural process.

FRE-WIN FUELS-5 EQUIPMENT SPECIFICATIONS For XX 1.1 and XX 1.2

Machine shall be a track mounted excavator which meets the following specifications:

A.

Machine with attachment(s) shall not exert more than 5.0 pounds per square inch ground pressure.

B.

The machine must have a clamshell type swivel brush grapple with at least 4 teeth on either side 10 inches or longer. The grapple shall be a rotating type, capable of turning 360 degrees.

C.

Operator’s cab and arm shall be capable of turning 360 degrees while tracks remain stationary.

D.

Excavator with arm fully extended shall have a reach of at least 20 feet from center of the machine.

E.

Machine shall be 10.5 feet or less in overall width.

F.

Machine must be hydraulically operated and shall be free of fluid leaks and have hoses in good operating conditions.

FRE-WIN FUELS-5.1

SUBSTITUTION OF EQUIPMENT

A.

The Contractor may substitute like equipment for any equipment approved for use under this contract. All substitute equipment shall be subject to Government inspection before acceptance.

B.

If it becomes necessary to substitute equipment, this shall be at no extra cost to the Government. No transport cost shall be charged to the Government to replace or remove equipment during substitution.

C.

During the contract period, if equipment becomes inoperative due to mechanical problems or the lack of operators for a period of two consecutive workdays when work is ordered by the COR, the Contractor shall provide substitute equipment and /or operator not later than the beginning of the third day. The day of the breakdown is considered the first workday. Failure to meet this requirement may subject the Contractor to default actions.

FRE-WIN FUELS-5.2

INSPECTION OF EQUIPMENT

The Contractor shall furnish equipment to be used prior to beginning work under this contract for Government inspection, if requested by the Contracting Officer.

The Contractor shall assure the offered equipment meets all contract specification prior to the inspection.

If the equipment is found to be in such a condition as to indicate the need for frequent repairs and delays in performance, it shall be rejected. The decision of the Contracting Officer on equipment acceptance is final.

The Contractor shall be responsible for any cost associated with making equipment available for inspection. Equipment which is deemed as unacceptable by the Government will receive no payment of transportation costs or other associated costs. If the Contractor provides less than acceptable equipment twice in a field season, the Contractor may be found in non-compliance with the requirements and the Contract may be terminated for default.

FRE-WIN FUELS-6.0

EQUIPMENT TRANSPORT

There will be no extra payment for the transport of excavators or other equipment to the project sites or between project sites. Transport costs shall be included in the per-acre cost of the services.

Vehicles used to transport equipment shall meet the following specifications:

(a) Shall be of size and power to safely haul equipment on Forest Roads.

(b) Shall be capable of negotiating mountain roads during normal operating seasons.

(c) Equipment and operator shall meet all State, ODOT and Federal requirements for highway use and safety.

(d) Pilot car services, if needed, will be the Contractor’s responsibility and at no extra cost to the Government.

FRE-WIN FUELS-7.0

CONTRACTOR-FURNISHED PROPERTY AND SERVICE

A.

The Contractor shall furnish all equipment, repairs, maintenance fuel, tools, labor, supplies, material, and supervision necessary for proper equipment operation and to perform the work described.

B.

The Contractor shall provide operator(s) who have sufficient skill and experience to properly perform the work assigned to them. An operator who, in the opinion of the Government, does not perform his/ her work in a proper, safe, and skillful manner or is intemperate, disorderly, or otherwise objectionable shall be removed immediately by the Contractor upon request by the Contracting Officer and replaced at no extra cost to the Government.

C.

During the contract period, the Contractor shall maintain his equipment, by repair or replacement, to such a standard as to guarantee maximum use. If necessary, repair of equipment shall be made on scheduled equipment off days or holidays. All repairs will be initiated within 24 hours.

D.

Chase trucks and fire water wagons are incidental to the equipment being ordered and no separate payment will be made for them.

FRE-WIN Fuels-7.1

CULTURAL RESOURCE PROTECTION

Location of known historic or prehistoric sites, building, object and properties related to American history, architecture, archaeology, and culture protection by the Antiquities Act of 1906(16 USC 431-433), National Historic Preservation Act (16 USC 470) and the Archaeological Resources Protection Act(16 USC 470aa-11) and 36 CFR261.9 (h) shall be identified on the ground by the Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under Acts regardless of when the area object or artifact is discovered or identified. Discovery of such areas or objects by either party shall promptly be reported to the other party.

Contractor shall avoid identified sites by prohibiting entry by Contractor’s personnel and equipment: and shall protect all known and identified historical or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology, and culture against destruction, obliteration removal or damage during Contractor’s operations.

In the event of a violation of this subsection, Contractor shall bear costs of assessing effects in accordance with 36 CFR 800.5 and of restoration and repair in accordance with 36 CFR 296:14 provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

FRE-WIN FUELS-7.2

PROTECTION OF OTHER RESOURCES

The Contractor shall be held liable for and is responsible for any damage caused by personnel or equipment to any existing structures or improvement. It shall be the Contractor’s responsibility to immediately notify the Government of any damage. Repairs to these structures or improvements will be at the expense of the Contractor and shall be accomplished in a timely manner. Examples include but are not limited to the following: fences and gates, roads, spurs, fire lines, water bars, posted monuments, land corners, superior trees, and designated ATP’s (Area To Be Protected). Government reserves the right to determine how repairs are accomplished.

Ground and Weather conditions: The Contracting Officer (CO) will determine when project work can be safely accomplished under this contract. The Government may suspend work to protect resources or whenever the Contracting Officer (CO) determines that conditions are unsafe to accomplish the proposed work. This is considered incidental to normal work progress and no adjustment to contract price will made.

Equipment will not be permitted to work in or cross meadows, stream channels or other non-work area unless authorized by the Government.

FRE-WIN FUELS-7.3

SUPPLEMENTAL INFORMATION

The Government may specify a priority of work item(s) or subjects within the Item(s), during the period of the contract. Access to some units may require opening of roads. The COR will approve all road openings and closings in advance. The Contractor will not be allowed to move equipment across non-road areas to other units. The COR will specify the travel route in advance.

FRE-WIN FUELS-8

TASK ORDER MANAGER

The task order manager for any and all resultant contracts is . All requisitions for proposed task orders placed against resultant contracts must be approved by prior to being submitted. This will be done to prevent exceeding contract maximum dollar amounts. His phone number is .

FRE-WIN FUELS-9

TASK ORDER AWARDS

Task orders are to be competed among the awardees by the Contracting Officer. Task order quotes will be evaluated based on price, availability, and past performance, with all factors considered to be approximately equal in importance. If the task order involves RAC funding, the evaluation shall be based on price, availability, use of local resources and labor, and past performance, with price being considered approximately equal to all other factors combined. When past performance histories of awarded contractors are considered relatively close, price will be a major selection factor. No work shall start prior to the issuing of a task order from the Contracting Officer.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FRE-WIN FUELS 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)

FRE-WIN FUELS E-2

QUALITY ASSURANCE

A. The Government may inspect all treatments, services and contractor inspection to determine compliance with the specifications.

B. The Government inspection may be based on visual inspection of 100 percent of the sub-item or treatment area. Any finding of Contractor failure to reasonably comply with contract requirements shall be unacceptable.

C. The Contractor may, at the discretion of the Government, be required to rework any three-acre or larger area that fails to meet acceptable work quality. Acceptance of the work may be based on Contractor inspection results. Contractor is required to inspect all work on this contract and keep an inspection procedure comparable to FRE-WIN FUELS E-1, a-c.

D. Each work unit, as designated on the task order and data sheet, will be inspected as a separate unit and will not be averaged with any other areas for acceptance or payment.

FRE-WIN FUELS E-3

CONTRACTOR QUALITY CONTROL

The Contractor shall complete a Quality Control Plan as part of each treatment.

The Contractor shall inspect all treatments to determine compliance with specifications. Inspections procedures shall be in accordance with Clause FRE-WIN FUELS E-4, Inspection Procedures – all items. Each pay item shall be inspected separately and inspection results on one pay item shall not be averaged with those of other pay items. Completion of each sub-item and the quality of the work done shall be certified in writing and provided to the Government no later than at the beginning of the next working day.

Contractor inspections shall be kept current with on-going work. Treatment shall not proceed more than 5 acres ahead of Contractor inspections.

When a unit has been completed and specifications met, the Contractor will notify the Government by supplying the COR with completed inspection documentation. The Contractor will sign inspection documents.

FRE-WIN FUELS E-4

INSPECTION PROCEDURES – ALL ITEMS

Inspection results will be based on a visual, walk-through inspection by both the Contractor and the Government. When a unit has been completed and specifications met, the Contractor will notify the Government by supplying the COR with completed inspection documentation. The Contractor will sign inspection documents, and quality of work percentage shall be computed.

If a dispute in work quality arises between the Contractor and the Government, the following plot-based inspection procedure shall be utilized by both the Contractor and the Government.

Inspections will be made utilizing a 1/20th acre (26.3 feet radius) plot.

XX 1.1 - The plots shall be uniformly distributed over the entire unit. A minimum of one plot per 2 acres (spacing equates to 4.5 chains X 4.5 chains) will be taken. The Government will put in the full amount of inspection plots.

XX 1.2 - The plots shall be uniformly distributed within the treated areas of the unit. A minimum of one plot per 2 acres will be taken. The Government will put in the full amount of inspection plots.

Each inspection plot will be subdivided into four (4) quadrants based on cardinal directions. Each quadrant shall be evaluated for compliance with all contract specifications relating to mechanical slash piling.

Which includes:

(1) Material to be treated consists of all down woody material greater than 3 feet in length created from vegetation treatments (such as harvest, thinning, etc.) or created through natural process.

(2) Damage tree – Any tree damaged by the contractor.

(3) Pile construction and location. If a pile does not fall within the plot radius, inspect the pile closest to the plot center. If the pile does not meet contract specifications, that quadrant fails.

Fifty percent of each quadrant shall meet specifications to be acceptable.

Record the number of quadrants inspected and the number of acceptable quadrants.

Work Quality Percentages are derived from data developed from inspection plots. The total number of satisfactory quadrants divided by the number of quadrants inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

(# of satisfactory quadrants ÷ # of inspected quadrants) X 100 = % quality EXAMPLE: 26 satisfactory quadrants ÷ 28 inspected quadrants = .93

.93 X 100 = 93% quality

Where Contractor inspection results vary more than 5 percent from Government results, the Government results will be used for the calculation of the payment percentage. The Contractor shall be notified in writing of unsatisfactory inspection performance and ordered to correct the inspection procedures. No new work shall be started until the non-conforming work is corrected at no cost to the Government. Where Contractor results vary by no more than 5 percent from the Government inspection results, the Contractor inspection results will be used as the basis for computing the rate of pay.