SolicitationAG05M6S150040.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

747195

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-05M6-S-15-0040

6. SOLICITATION

ISSUE DATE

6/12/2015

7. FOR SOLICITATION

INFORMATION CALL�:

a. NAME Janet Hada, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

425-783-6052

8. OFFER DUE DATE/

LOCAL TIME

6/26/2015 @ 4:30pm

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service R6 Contracting North Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue Ste 3A Everett, WA 98210

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS

(WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED

SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB-

VETERAN-OWNED SMALL

BUSINESS 8(

NAICS Code 115310 Size Standard $7.5 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS

RATED ORDER UNDER DPAS (15

CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9 17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS

FAX NO. TIN

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A

UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM

NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTIT

Y

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

HUCKLEBERRY HILL THINNING AND PILING,

SNOQUALMIE RANGER DISTRICT

INSERT PRICING ON PAGE 3

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ARE ARE NOT

ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT

ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05GG_

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012)

Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Enter Pricing on Page 3 Schedule of Items

Contractors need to submit all copies of the “Copy to Submit Packet”

Fax quote to (425) 783-0129

Email quote to: jhada@fs.fed.us

Mail quote to address in Block 9 Page 1 On your sealed envelope, please write

RFQ AG-05M6-S-15-0040

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

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. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER

NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING

OFFICER

41 c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV.2/2012) BACK

RFQ NO. AG-05M6-S-15-0040

HUCKLEBERRY HILL THINNING AND PILING

SNOQUALMIE RANGER DISTRICT

PIERCE COUNTY, WA

SCHEDULE OF ITEMS

Note: Before preparing your quote proposal, read instructions carefully. Insert a Unit Price and Total for all items.

Item No. Description Method of Measure

Unit Estimated Quantity

Unit Price Total

001 Huckleberry Hill:

Thin each acre

001 Huckleberry Hill:

Pile

Huckleberry Hill:

002 Huckleberry Hill:

003 Huckleberry Hill:

003 Huckleberry Hill:

004 Huckleberry Hill:

004 Huckleberry Hill:

TOTAL-ALL ITEMS $____________________

NEW --- Invoice Processing Platform

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages

1. Performance Based Statement of Work 8

2. Vicinity Maps 1

3. Project Area Boundary or Unit Maps 1

5. Wage Determination Number 1977-0209 (Rev 49) (02/23/2015) 2

7. Fire Protection and Suppression Form R6-FS-6300-52 (5/97) 6

8. Additional Fire Precautionary Measure 1 Tank Truck (R6-FS-6300-53) 1 and Measure 2 Communications (R6-FS-6300-54)

Note: In compliance with the paper reduction act, FAR Clauses 52.212-3, 52.212-1 and 52.212-2 and addendums attached thereto, which apply only to the solicitations phase, are not duplicated after contract award. However, they are incorporated by reference into the resulting contract.

C.1 PERFORMANCE WORK STATEMENT

SCOPE

Services to perform:

This is a contract for non-commercial thinning and slash piling. Work shall be done by hand (typically by chainsaw) and will include associated treatments in compliance with the terms, specifications, and provisions of this contract. This includes furnishing labor, equipment, supervision, transportation, operating supplies and incidentals except those items, if any, listed as Government-furnished property

Contract Period:

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from the effective date of the Notice to Proceed through November 30, 2015.

Estimated start work date for this project is August 2, 2015.

Note: Government Meadows is high elevation and that may impact how and when work can be performed.

LOCATION:

The project locations are on the Snoqualmie Ranger District of the Mt. Baker-Snoqualmie National Forest.

Additional information can be found on the attached maps.

PROJECT INFORMATION

The following are estimates for acres to be completed during the 2015 work season.

An estimate of 50 acres of non-commercial thinning An estimate of 50 acres of hand piling.

The objective of the work is to create growing space for huckleberry plants in high elevation conifer stands.

Approximately 50 acres of the work is non-commercial thinning in planted clearcuts that are 25-35 years old.

Approximately 50 acres of the slash piling is in the same clearcuts as above.

The Contractor shall furnish all equipment, supplies, personnel, quality control and supervision to accomplish sapling thinning by hand (typically by chainsaw) and covering handpiles (with contractor-supplied paper) and associated treatments as provided in the text of this document and Project Area Maps.

OBLIGATIONS OF THE CONTRACTOR:

At all times during the performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the project site a foreman who is conversant in the English language, who is satisfactory to the Contracting Officer and who has authority to act for the contractor.

The Government may at its option, suspend work with full count of contract time continuing if the contractor fails to provide a foreman conversant in the English language and who is able to read and understand the contract.

Sawyers and other workers employed by the contractor shall have sufficient skill and experience to properly perform the work to specifications. Any operator or other worker who, in the opinion of the Contracting Officer, does not perform their work to specifications or does not perform in a skillful manner, shall be removed by the Contractor upon written request from the Contracting Officer.

The contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, monumented corners, bearing trees, road surfaces and/or drainage structures as a result of contract activities. The contractor shall immediately restore any damage to its condition prior to the damage.

The contractor shall be responsible for excessive damage to natural resources, for example, damage to residual trees or streams. The contractor shall be required to repair restorable damage and may be held monetarily responsible for unrestorable damage.

At all times that work is being performed under this contract, a copy of the contract must be on the work site and must be readily available to the Contractor, his representative and the individuals performing the work.

DEFINITIONS

1. Average Spacing - The average of the distance between all crop trees necessary to provide the desired number of crop trees per acre.

2. Bucking - Cutting thinning slash left in place into lengths as indicated by technical specifications and project map(s).

3. Brush - All woody non-coniferous vegetation. This includes tree species such as cottonwood and alder.

4. Conifer - A cone-bearing tree with needles or leaf scales (e.g. fir, )

5. Created Slash - Debris created from work under this contract, including all cut trees and shrubs (tops, trunks, branches).

6. Crooked Trees - Trees with a sharp crook on the main bole, offset more than 6 inches from the longitudinal axis.

7. Crop Tree - Any tree that is selected or required to be left standing as provided in the specifications.

8. Cull Tree - Any severely damaged, deformed, or diseased tree (trees with broken tops, conks, any mistletoe and root rot infections, insect damage, and severe wounds).

9. Cut Tree - Trees designated to be removed from the stand.

10. Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead, forked or broken top or trunks, crooks and deep scars.

11. DBH (Diameter breast height) - Diameter of the trunk measured at a point 4-1/2 feet above the ground level on the uphill side of tree.

12. Deficient Trees - Those crop trees cut which should have been left to maintain average spacing requirements;

or trees not selected according to the technical specifications requirements; or trees that are excessively damaged by the thinning operation.

13. Diseased Trees - include, but are not limited to the following:

a) mistletoe-infected trees,

b) trees with one or more visible infections on the live crown or stem, unless needed to meet spacing requirements,

c) trees with off-color foliage,

d) trees infected with root rot,

e) trees otherwise exhibiting a generally unhealthy appearance.

14. Excess Tree - A tree or live limb left uncut by the contractor, which is designated within technical specifications to be cut; and, any cull tree not cut or girdled, as required in the technical specifications.

15. Existing Slash - Debris created prior to work under this contract. (Both natural and as a result of previous operations.)

16. Forked Tree - Tree with one or more forks in the live crown.

17. Fuel Break - An area within a thinned unit where thinning slash is removed or treated to reduce spread of fire to adjacent areas.

18. Girdling - A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

19. Hang-up Tree - Any cut tree suspended more than 3 feet off the ground by a crop tree.

20. Hardwood - A tree with broad leaves rather than needles (e.g., willow)

21. Leave Strip - An area within a thinned unit in which no cutting will be done to create a fuel break.

22. Leave tree - Any tree that is selected or required to be left standing as provided in the specifications.

23. Live Limb - A woody stem with green needles growing from the trunk or main stem of a tree that exceeds 2 inches in length.

24. Lopping and Scattering - Cutting limbs from trunks of cut trees and moving and rearranging of slash concentrations to reduce the fuel bed height as specified.

25. Machine - Rotary type mowers, chippers or chain saws.

26. Minor Damage - Crooks in the trunk, which are, offset less than 6 inches from the long axis. Top or bark damage extending less than 1/4 the circumference of the tree.

27. Piling - Gathering and stacking of thinning slash by hand methods into piles constructed and located as indicated by technical specifications and project maps.

28. Pullback - Pulling thinning slash by hand methods back into thinned unit to clear a roadway or ditch lines or into unit away from private land boundaries. This also refers to pulling slash, either pre-existent or from thinning, away from the boles of designated trees.

29. Pull-In - Pulling thinning slash by hand methods to edge of road with butt end of slash pointing toward road as indicated by technical specifications and project maps.

30. Roadway - The area between the outside edges of the fill slope and the back slope.

31. Shrub - A woody plant with no main stem, which does not usually grow higher than seven feet (brush). For example: huckleberry.

32. Slash - Any vegetation that was cut by the Contractor, as well as pre-existent woody debris.

33. Spacing - The horizontal distance from the trunk of one crop tree to the trunk of the next nearest crop tree.

34. Thinning - The cutting of trees in excess of those to be left for management.

35. Whip - A tree with less than 30 percent crown ratio.

GENERAL PERFORMANCE INFORMATION

Work item boundaries are flagged and tagged with orange ribbon and blue tags. It is the contractor’s responsibility to ask the government for boundary clarification. Maps illustrate approximate unit locations.

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

Unit map road symbols are only to indicate access to units and not to suggest the roads are open within units or for any further travel.

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

Selection of Leave Trees –

All trees 12 inches tall or taller shall be treated according to the contract specifications.

Select leave trees from healthy undamaged conifers as necessary to achieve the average spacing of 22 feet by 22 feet in all thinning units (1, 2, 3, and 4).

Crop trees shall generally be those of greatest height, largest crown, and straightest single stem and that are free of damage due to insects, disease, physical, or mechanical causes.

Spacing may be varied up to 25 percent to maintain the desired average trees per acre unless designated otherwise on the Detailed Unit Information Sheet or by an authorized government representative.

If no healthy undamaged tree exists at the required spacing interval, leave a tree with minor damage.

Any tree with no major damage and greater than 12” tall shall be considered in height priorities. When a choice must be made between several healthy trees, the selected crop tree shall be the tallest one having the longest terminal leader and the fullest crown.

Do not cut Pacific yew.

CUTTING METHODS

Stump Height - Removal of Live Limbs

All cut trees are to be cut below the lowest live limb. Hand loppers, hand operated "weed eater" machines or chain saws will be accepted to thin units. Pulling physically, completely uprooting the excess tree is an acceptable means of thinning. A pulled tree shall be completely detached from the ground. Stump heights shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

Felling

Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed as specified elsewhere herein.

No trees shall be cut within 30’ of a stream which appears on a contract map.

Hang-Ups

All thinning slash shall be placed on or near the ground surface. It shall not lean against or be suspended by a crop tree.

Forked trees, trees joined at the stump

A forked tree shall not have only one stem cut. It generally isn’t a desirable leave tree. Multiple trees joined at the stump must be all cut or left as a single leave tree. Sometimes these can be desirable leave trees.

Cut trees with live limbs attached to the stump shall be considered excess trees.

SLASH TREATMENT

Daily Slash Treatment

Slash generated from each day’s work shall be removed from roadways, ditches, and from the top of cut banks along all roads in the project area, even if not shown on project maps. This slash shall be pulled back by the end of each workday.

Lop and Scatter

This is a required treatment for those portions of work items that don’t call for slash piling. Limbs greater than ¼” in diameter shall be trimmed from the boles of cut trees. Boles shall be cut into lengths of 6’. Thinning slash should be evenly scattered to a depth of two feet or less. Tops must sometimes be trimmed to achieve this depth.

Slash shall not be scattered within 4 feet of a leave tree.

CONSTRUCTION AND COVERING OF SLASH PILES

Construction of Piles

Piles shall be constructed as compactly as possible and placed with its long axis perpendicular to the slope. All material shall be bucked into pieces less than 5 feet in length. Piles shall be constructed with vertical sides and a base wide enough to keep them from toppling. Piles shall be constructed so the lower 25% of the pile consists of fuels 2 inches and smaller in diameter and sufficient fine fuels to act as kindling when piles are burned.

Location of Slash Piles

No piles shall be made in stream channels, roads, on private property boundaries/section lines or drainage ditches.

Piles shall be a minimum of 5 feet away from the drip line of any leave tree. Slash piles shall be constructed a minimum of 5 feet from any stump or log greater than 10 inches in diameter, measured on the horizontal plane.

Size of Piles

Standard pile size is 4 feet wide by 4 feet long by 4 feet tall. Pile size may increase by 1/2 a foot for each additional foot the pile is away from any crop tree. No pile size shall be greater than stated below.

Maximum Pile Size

Standard pile size is 4 feet wide by 4 feet long by 4 feet tall. Pile size may increase by 1/2 a foot for each additional foot the pile is away from any crop tree. No pile size shall be greater than stated below. Additional bucking of slash may be required to meet pile size requirements.

Examples: Distance from a crop tree Adjusted pile size

5 feet 4 1/2 by 4 1/2 by 4 1/2 6 feet 5 by 5 by 5

8 feet -MAXIMUM PILE SIZE- 6 by 6 by 6

Covering of Piles

The contractor shall cover all hand piles with waterproof material “furnished by the contractor”. Care shall be taken not to puncture the covering material. Two sheets of waterproof material shall be placed on top of each pile during construction when the pile is approximately 75 percent completed. The waterproof material shall then be secured with slash material when the remaining 25 percent of the pile is completed. This will assure that the waterproof material is not affected by wind and will protect the majority of the pile from rain and snow. The waterproof material shall be placed, as a continuous piece, from the ground surface on the uphill side of the pile, over the top, and extend to the ground surface on the downhill side of the pile, thus covering at least 75% of the pile's surface area. The width of the covering shall be at least 4 feet.

C.2 CONTRACTOR FURNISHED PROPERTY AND SERVICES

Access roads are accessible by 4 wheel drive vehicle with snow tires and chains. The Contractor is responsible for clearing down trees from access roads. The Contractor is responsible for providing chainsaws and logger’s tape.

C.4 MEASUREMENT/ QUALITY CONTROL/SELF INSPECTION

Measurements

1. All linear and area measurements under this contract shall be on the horizontal plane.

2. Remeasurement

a. The contractor may at any time after award request remeasurement of any treatment area. The request for remeasurement must be in writing within 10 days after thinning has been completed on the sub-item.

Remeasurement will be made within the established boundaries.

b. If remeasurement indicates a variance of five (5) percent or less from the original measurement, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acreage.

c. If remeasurement indicates a variance greater than five (5) percent, payment will be based on the remeasured acreage and the Government will pay for the remeasurement. No adjustments will be made for a difference of 1 acre or less.

Quality Control Plan

The Contractor shall provide a Quality Control Plan as part of the proposal. The Quality Control Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The quality Control Plan shall specify:

a. How quality will be monitored and reported to the Contracting Officer to assure the performance standards are met.

b. How the work will be supervised.

c. How results of the monitoring will result in quality performance.

d. Who will be responsible for performing quality control.

Contractor Certification

For each completed unit, the contractor must furnish a certification of quality assurance. By his or her signature on the inspection report, the contractor certifies that all of the treatments outlined for the specific unit listed in the Schedule of Items have been completed, and that all work complies with the technical specifications set forth in Section C. After receipt of written certification from the Contractor, the Government will perform the final inspection of a work item.

Contractor Inspection of Thinning

The contractor may opt for a self-inspection process for thinning that involves taking plot data along a systematic grid. Should the contractor wish more information about this method, details will be offered by the Contracting Officer upon request.

In general, this process requires the contractor use a compass, have colored flagging and submit plot data on government-supplied cards. Final payment is then based on a comparison of the contractor and the government’s plot data. Final payment upon acceptance can vary from 80 to 100 per cent of the bid price.

C.3 GOVERNMENT VERIFICATION/PAYMENT

Government Inspection

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. The contractor or a designated representative is encouraged to be on hand when Government inspections are being made.

Final acceptance will be determined by a 100 percent visual inspection of the areas requiring treatment and will be based on adherence to the requirements stated in the Detailed Unit Information Sheet. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specifications standards at no increase in contract amount.

When the defects in services cannot be corrected by re-performance, the Government may—

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

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

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—

a. 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

b. Terminate the contract for default.

Acceptance

Acceptance of the work under this contract will be made when the Contracting Officer has made the determination of satisfactory compliance with the specifications and the Contracting Officer approves contract payment(s).

Huckleberry Hill Bough Sale Vicinity Map

Driving Directions

Unit 4

Unit 3

Unit 1

Unit 2

1. From Highway 410 head up the 70 Road.

2. Continue on the 70 when the pavement ends.

3. Unit 3 is along the 70 road, approximately 13 miles from Hwy 410.

4. Unit 4 begins at the horsecamp where the 70 road ends. .2 0 21 Miles

T18N

T19N

R11ER10ER9E

00 4200

Meadow Creek

Unit

7000206

7000265

7000310

7080210

7000255

7000210

7000268

7000250

7000410

7000000

Unit 2

Unit 3

Unit 4

Huckleberry Hill Thinning Units

0 0.1 0.2 0.3 0.4 0.50.05 Miles

S. Lorentz 5/11/2015

Section

Roads

Streams

NON-FS

USDA FOREST SERVICE

º

WD 77-0209 (Rev.-49) was first posted on www.wdol.gov on 03/03/2015 Forestry and Land Management Services*

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 1977-0209 Director Determinations | Revision No: 49 | Date Of Revision: 02/23/2015 State: Washington Area: Washington Statewide **Fringe Benefits Required Follow the Occupational Listing**

Forestry Industry

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 14.40 08040 - Choker Setter 17.25 08070 - Faller/Bucker 24.58 08100 - Fire Lookout 10.98 08160 - Forestry/Logging Heavy Equipment Operator 19.48 08190 - Forestry Technician 19.48 08200 - Forestry Truck Driver 19.48 08250 - General Forestry Laborer 14.39 08280 - Nursery Specialist 17.84 08310 - Slash Piler/Burner 10.98 08340 - Tree Climber 16.10 08370 - Tree Planter 14.40 08400 - Tree Planter, Mechanical 14.40

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.02 per hour or $160.80 per week or $696.79 per month

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; 2 weeks after 2 years; and 3 weeks after 5 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R.

5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A link to the Directory may be found on the WHD home page at http://www.dol.gov/whd/ and through the Wage Determinations On-Line (WDOL) website at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

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

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination.

Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

1. Fire Period and Closed Season

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

2. Fire Plan

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

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

3. Substitute Measures

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

4. Emergency Measures

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

5. Fire Control

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

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

R6-FS-6300-52

(Rev. 5/97)

6. Compliance with State Forest Laws

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

7. Fire Precautions

Specific fire precautionary measures are as follows:

a. Smoking and Open Fires

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

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

b. Fire Extinguishers and Equipment on Trucks, Tractors, etc.

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

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

c. Power Saws

Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger.

The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

d. Extinguishers

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

e. Spark Arresters and Mufflers

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

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

(2) A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory-designed muffler complete with baffles and an exhaust system in good working condition.

(3) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

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

f. Emergency Fire Precautions

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

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

LEVEL INDUSTRIAL FIRE PRECAUTION (IFPL)

I. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all higher levels unless otherwise waived.

R6-FS-6300-52

II. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m., local time:

a. Power saws, except at loading sites;

b. Cable yarding;

c. Blasting;

d. Welding or cutting of metal.

III. Partial shutdown - The following shall be prohibited except as indicated:

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

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

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

a. Tractor/skidder operations;

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

c. Blasting;

d. Welding or cutting of metal;

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

IV. General shutdown - All operations are prohibited.

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

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

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

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

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

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

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

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

a. Mechanized loading and hauling;

b. Road maintenance such as sprinkling, graveling, grading and paving;

c. Cable yarding using gravity systems or suspended lines and blocks, or other yarding systems where extra prevention measures will significantly reduce the risk of fire;

d. Powers saws at loading sites or in felling and bucking where extra prevention measures will significantly reduce the risk of fire;

e. Maintenance of equipment (other than metal cutting and welding) or improvements such as structures, fences and power lines.

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

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

NOTE: The IFPL system does not apply on lands protected by ODF east of the summit of the Cascades.

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

8. Fire Tools

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

a. 2 axes or Pulaskis with a 32-inch handle;

b. 3 adze eye hoes. One Pulaski may be substituted for 1 adze eye hoe;

c. 3 long-handled, round point shovels, size "0" or larger.

9. Fire Security

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

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

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

10. Blasting

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

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

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

FS-6300-53

Additional Fire Precautionary Measure 1 - Tank Truck

11. The Contractor shall provide a tank truck or trailer, containing not less than 300 gallons of water, during yarding, loading, land clearing, right-of-way clearing and mechanical treatment of slash. A tank truck or trailer will not be required if power saw falling and bucking is the only operation.

Such tank truck or trailer shall be maintained in a serviceable condition and located within 10 minutes, round trip, from each project area during fire period and closed season Fire Period and Closed Season.

The tank truck or trailer shall be equipped with a pump capable of discharging 20 gallons of water per minute, using a 1/4 inch nozzle tip, through a 50 foot length of rubber line hose. In addition, 500 feet of serviceable fabric jacket rubber lined hose of not less than 1 inch outside diameter, fitted with a nozzle capable of discharging a straight stream of 1/4 inch diameter and a spray pattern shall be immediately available for use. The tank, pump and at least 250 feet of hose and nozzle shall be connected and ready for use at all times.

If a trailer is used, it shall be equipped with a hitch to facilitate prompt movement. A serviceable tow vehicle shall be immediately available for attachment to the trailer and must meet the time requirements stated above. Such truck or trailer shall be equipped to operate for a minimum of 8 hours. Tank truck or trailer shall be available from the start of work to the end of the Fire Watch / Fire Security service.

USDA Forest Service – Pacific Northwest Region

Fire Protection and Suppression

FS-6300-54

Additional Fire Precautionary Measure 2 – Communications

12. The Contractor shall provide adequate two-way communication facilities to report a fire to Forest Service within 15 minutes of detection. FCC Regulations prohibit commercial use of Citizen Band (CB) radios. (CB's are not considered adequate two-way communications.)

Such communications shall be operable during periods of operation of power-driven equipment, including the time fire security is required.

CONTRACT CLAUSES

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/

CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is…