09_0008_CORP_Appendix_A_FREWIN_Mastication.doc

CORP Specification Appendix A – Fremont Winema

Mastication

CORP Specification

Appendix A – Fremont Winema

Mastication

MECHANICAL THIN AND SLASH TREATMENT

SECTION C- DESCRIPTION/SPECIFICATIONS

FRE-WIN-FUELS2 C-1.0 SCOPE OF CONTRACT

The purpose of this Request for Proposal is to secure services to perform mechanical services for thinning, slash treatment and/or brush release on tree plantations, wild stands, and past harvest units. The contractor shall furnish all labor, equipment, supervision, transportation, supplies except those designated as Government furnished and incidentals to perform all work. This is a performance-based service contract.

FRE-WIN-FUELS2 C-1.1 LOCATION AND DESCRIPTION

(a) Location The current project work areas will be located on the Deschutes, Ochoco, or Fremont-Winema National Forest.

(b) Boundaries

Boundaries shall be plainly marked by the Government with contract boundary tags and supplemented where needed with plastic ribbon when task order is issued. Flagging is generally blue and white striped. Task orders will contain specific descriptions of flagging.

FRE-WIN-FUELS2 C-1.2 ACCESSIBILITY

The general areas of work can be reached by Forest service roads that are accessible by standard pickup truck, weather permitting. However, it is advisable that the Contractor have a high clearance 4X4 vehicle for spring and late fall work. 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.

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

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 approval of the Contracting Officer.

Some access roads are subject to seasonal closures or restricted us due to wildlife concerns such as nesting or fawning. Restrictions will be listed on the Task Orders.

FRE-WIN-FUELS2 C-2.0 MOTORIZED EQUIPMENT

Use of motorized equipment other than approved project equipment, shall not be driven off designated roads without approval of the Contracting Officer.

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

FRE-WIN-FUELS2 C-2.1 LIABILITIES

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

FRE-WIN-FUELS2 C-2.2 DETAILED THINNING UNIT INFORMATION

Details on the thinning units will be attached to each Task Order.

FRE-WIN-FUELS2 C-2.3 DEFINITIONS OF TECHNICAL SPECIFICATON TERMS

Average Spacing:

The average of the distance between all leave trees necessary to provide the desired number of leave trees per acre.

Calendar Days:

Every day shown on the calendar.

Cull Trees:

General: Any tree which is infested with dwarf mistletoe throughout its crown, has visible indicators of insect attack, has major mechanical damage such as broken tops, trees with bole cankers, severe sweep, or crook.

Additional: Additional cull definitions may be identified in the Task Orders.

Culturing:

The cutting of all trees in a diameter range within a specified distance from a leave tree.

Cut Trees

Trees within the minimum - maximum cut range not selected as leave trees.

Damaged Trees:

Any tree during work on this contract that is scraped or barked so that wood is exposed, or a tree that has been pushed over, leaning or partially uprooted.

DBH.:

The diameter of the stem at breast height, measured at a point 4 ½ feet above ground level on the uphill side.

Deficient Trees:

Cut trees that should have been left to maintain average spacing.

Excess trees:

Uncut trees not needed to meet average spacing specifications. Stumps with live limbs and stumps higher than specified are also considered excess trees.

Old Growth Western Juniper Trees:

Juniper trees over 130 years old. Usually found in rocky areas where vegetation is sparse and natural fire frequency is low. Some typical characteristics of old growth juniper are:

Crown is flat, rounded, broad at top, or irregular (as opposed to more pointed tips of younger trees)

Dead top

Numerous dead branches

Large diameter lower limbs

Bole (and sometimes lower branches) has spirally-twisted bark and deep furrows

Hollow bole

Old growth junipers have all of the above features, but the more common will have at least two or three.

Also, an old growth juniper tree is not always the largest tree, on drier, rocky sites they can be short, stubby, and gnarly.

Select Trees:

Individual trees that have been previously identified as being phenol-typically more desirable than others and are marked with tree number tags, orange paint band, and/or yellow protection sign.

Slash:

Woody material, suspended or down, including broken tops, limps, branches, stems, chunks, brush, dead or down logs, and standing trees designated with pink ribbon tied around the bole.

Wildlife Reserve Tree:

Trees that have been reserved for wildlife use and are designated with an orange painted WL and/or have a metal wildlife sign attached to the bole.

FRE-WIN-FUELS2 C-2.4 CONTROL OF WORK

The contractor agrees to conduct it s 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.

Within the general project area, the Government may exclude non-work areas, such as rocky and other special areas. Non-work areas may be designated prior to work on that segment of the project area. Non-work areas may 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 be done at any time during the term of the contract except under the following conditions:

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

Seasonal wildlife restrictions may apply.

FRE-WIN-FUELS2 C-2.5 MECHANICAL TREATMENTS

(a) Standing trees may be designated with pink ribbon around the boles( or by prescription based on detailed unit information sheets) shall be severed below lowest live limb or within 6 inches of the ground surface. Trees vary in size from 3 inches – 12 inches dbh.

(b) Cut trees shall be severed below lowest live limb or within 6 inches of the ground surface. Cut trees may vary in size from 2 feet in height – 9 inches dbh for excess trees and up to 12 inches dbh for cull trees. Cull trees up to 12 inches dbh shall be cut to select the best tree. Some juniper treatment may require cutting up to a 21 inch tree.

(c) The units range from 0-30 percent slope and the slash is expected to be heavy over most of the areas. Units may have a mixture of the following tree species: ponderosa pine, douglas fir, western white pine white fir, incense cedar, sugar pine, shasta red fir, western white pine, lodgepole pine, western juniper, larch or other coniferous species. Units have a variety of brush and shrubs species that may include bitterbrush, manzanita, snowbrush, sagebrush, chinquapin, mountain mahogany, and squaw currant.

(d) Task Orders may specify areas of no treatment within unit boundaries. The size of these areas will vary from spot size to 5 acres. For those areas that require Contractor selection, areas should be normally selected that are detrimental to machine treatment (i.e. areas of rock, areas next to meadows, etc.). Areas designated by the government will be identified on Task Order maps.

FRE-WIN-FUELS2 C-2.6 SELECTION OF LEAVE TREES

(a) Leave trees shall be selected by the Contractor, provided that the Government may mark individual leave trees.

(b) Leave trees shall be selected by priority listed in individual task orders.

(c) Spacing shall be determined by the amount of leave trees per acre listed in the task orders. In order to favor selection of the best leave trees, spacing may be varied +/- 25 to 50 percent provided average leave tree per acre is maintained.

FRE-WIN-FUELS2 C-2.7 CONTRACTOR OBLIGATIONS

(a) Furnish all labor, equipment, supplies, materials, supervision, and incidentals to perform the contract work as set forth in the specifications.

(b) Obtain permission to use or reopen closed roads and access units through fences or other improvements from the Contracting Officer. After completion of work, and prior to acceptance of a unit, these improvements shall be repaired and restored to original condition.

FRE-WIN-FUELS2 C-3.0 EQUIPMENT REQUIREMENTS

FRE-WIN-FUELS2 C-3.1

Restriction of equipment is necessary to protect the soil resource and the residual stand. To minimize impact to soil, equipment shall be capable of accomplishing work without making multiple passes in the same area. Equipment shall meet the following:

(a) Have a power driven rotary head with capabilities of chopping, chewing or grinding wood fiber up to and including 12 inches in diameter or 21 inches in diameter for some juniper treatment.

(b) The rotary head needs to be able to articulate.

(c) Minimum of 25 foot horizontal arm reach.

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

(e) Shall be tracked machine with a maximum ground pressure of 6.0 pounds per square inch.

(f) Climbing ability up to and including 30 percent slope.

(g) Machine head shall be capable of reaching between trees spaced as little as 6 feet apart and treating slash between and beyond those trees without damage to standing trees.

All equipment shall comply with OSHA, State and local safety standards.

FRE-WIN-FUELS2 C-3.2 SLASH TREATMENT

(a) Slash depth shall be reduced to a level of as close to the ground as physically possible (without sticking the rotary head into the soil) in 100 percent of the unit or as specified by the Contracting Officer.

FRE-WIN-FUELS2 C-3.3 PROTECTION OF OTHER RESOURCES

(a) Vehicles used for transporting equipment, personnel, or supplies will be restricted to established roads.

(b) The contractor shall exercise extreme care to prevent damage to all structures and improvements in the work areas. The Contractor will be held liable for all damages caused by his/her personnel and/or equipment to any existing structures or other improvements. Repairs to these structures and improvements shall be accomplished in a timely manner at no additional cost to the Government.

Examples of structures and improvements are, but not limited to:

(1) Fences and gates.

(2) Roads, spurs, and firelines.

(3) Water bars.

(4) Posted monuments, corners, and accessories.

(5) Select Trees.

(6) Crop Trees and Leave Trees.

(7) Wildlife Trees.

(8) Electrical lines.

(c) Contractor shall not drive off an open system road, except with low ground pressure vehicles.

(d) Treatment of slash shall be accomplished with the least possible damage to ground cover, soil, and standing leave trees.

(e) No more than four (4) damaged trees per acre will be permitted. If in the opinion of the Contracting Officer damage is excessive, the Contractor shall be required to alter his operations to prevent the occurrence of such damage. If more than four (4) trees per acre exist a cost of $50.00 per tree will be charged with the exceptions indicated below for superior select trees..

(f) Trees knocked over or uprooted shall be cut leaving a stump no higher than 6 inches above the ground and shall be treated as any other slash in the unit.

(g) Riparian Areas are to be protected from machinery as follows:

(1) No mechanical equipment will be operated within 50 feet of any drainages unless specific to an individual task order (Class I to IV).

(2) Equipment will not be permitted to cross meadows, stream channels, or other non-work areas except as approved by the Contracting Officer.

(3) Areas flagged and tagged will be avoided in order to protect resources.

(4) Or by detailed unit info sheet

(h) Select trees, shall be protected from damage or destruction. In the event select trees are unnecessarily or negligently damaged or destroyed by the Contractor, such damage will cause serious and substantial silviculture or other damage to the National Forest. Therefore, the Contractor shall pay $1,000.00 for each damaged superior select tree and $100.00 for each wildlife reserve tree damaged.

Damaged as defined herein includes any injury to the living crown, bole, or roots of the select trees. If areas are marked on the ground around select trees, operation of any heavy equipment within the area shall be considered to be root damage to the trees. If areas are not marked on the ground equipment shall not operate under the crown of the select trees.

FRE-WIN-FUELS2 C-3.4 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-FUELS2 C-4.0 CULTURAL RESOURCE PROTECTION

Location of known historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture protection by the Antiquities Act of 1906 (16USC 431-433), National Historic preservation Act (16USC470) and the Archaeological Resources Protection Act (16USC 470aa-11) and 36 CFR 261.9 (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. Discover of such areas or objects by either party shall promptly be reported to the other party.

Contractor shall avoid identified sites by prohibiting entry of sites by Contractor’s personnel and equipment: and shall protect all know 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 Contractors operation’s.

In the event of a violation of this subsection, Contractor shall bear costs of assessing effects in accordance with 36CFR800.5: and of restoration and repair in accordance with 36 CFR296.14: provided that such payments shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

FRE-WIN-FUELS2 C-5.0 PUBLIC SAFETY

The contractor shall furnish and maintain all temporary traffic controls that provide the forest user with adequate warning of hazardous or potentially hazardous conditions associated with operations being performed under this contract. Signs shall be posted on all roads that intersect the operations and on both ends of the operation.

SECTION D--PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

FRE-WIN-FUELS2 E-1

INSPECTION OF SERVICES--FIXED-PRICE (FAR 52.246-4) (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may—

1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2) Terminate the contract for default.

FRE-WIN-FUELS2 E-2

CONTRACTOR QUALITY CONTROL

The Contractor shall inspect their completed work to determine compliance with the specifications. Their inspection system shall be recorded on the enclosed contractors quality control plan and approved by the Government prior to the start of any work performed under this contract.

FRE-WIN-FUELS2 E-3

UNSATISFACTORY WORK

When Government inspection results are below 90 percent and excess trees constitute the majority of the problem, payment will not be made until the excess tree problem has been corrected. When Government inspection results are below 90 percent and the problem is not correctable by rework due to deficient trees, the rate of pay will be based on the percentage of the Government inspection.

FRE-WIN-FUELS2 E-4

GOVERNMENT QUALITY ASSURANCE

The Government may, at its option, conduct inspections of Contractor work and Contractor quality control inspections to determine compliance with contract requirements.

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

The Government will provide a written Quality Assurance Surveillance plan for the specific work ordered. See Section J for Government Quality Surveillance Plan.

FRE-WIN-FUELS2 E-5

CONTRACTOR’S QUALITY CONTROL PLAN

Contractor shall provide a quality control plan prior to starting work on each task order. This plan shall describe the Contractor’s method for ensuring all work meets the Statement of Work. See attachment in Section J.