SOW.doc

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.1.1 - Description of Work:

The intent of this contract is to secure services for mechanical treatment of 227 acres of vegetation to remove ladder fuels and reduce the continuity of fuels adjacent to an urban interface community. Vegetation consists of young to mature mountain mahogany, sagebrush, bitterbrush, manzanita, and ceanothus. Some units have areas of naturally regenerated conifer saplings that range from 4-20 ft in height. Vegetation to be treated will require cutting, chipping, shredding and mulching. The treatment will reduce ladder fuels and rearrange natural vegetation to a state that will burn with reduced fire intensity during a wildfire event. Firefighter safety will be improved as well as a reduced threat to the public and private property. The work shall be done in a manner that does not damage vegetation not specified to be treated.

C.1.1.2 - Contractor Responsibility:

The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description

Location: The project areas are located in the west portion of the Humboldt-Toiyabe National Forest on the Carson Ranger District. The project area (North Washoe) lies about fifteen miles south of the city of Reno in the Mount Rose corridor and is accessed via Mt Rose Highway (SR431) and one unit off Old U.S. 395 in Washoe Valley. The legal description for the project area is T17N, R19E, Sections 21, 22, 23, 33, and 34 Mount Diablo Base Meridian.

C.2.1 Unit Descriptions:

The project consists of 8 units within a pine/mountain mahogany/brush plant community with boundaries marked with orange flagging. Slopes vary depending on the units. Approximately half of the acreage is above 30 percent slope with the rest falling below 30 percent.

Any archeological sites within the unit are marked with white flagging with red polka dots.

All of the units are genrally covered with Bitterbrush, Sagebrush, Manzanita, and Ceanothus with an overstory of mixed conifer stands.

Units N3, N4 and a small portion of N5 is genrally covered with Bitterbrush, Sagebrush, Manzanita, and Ceanothus with an overstory of mixed conifer stands and tends to be a wetter site. These units have been sold for tractor logging and will be logged in the near future. Only trees smaller than four inch dbh and brush within this unit will be masticated and anything above 4” dbh will be left in place.

The units will be treated for 80 percent removal of brush species leaving mosiac pattern

Mechanical Fuels Treatment (Bull Hog Treatment) – Line item 0030

Level of difficulty: Removal/shredding of material using the Bull hog (Fecon 250 or equivalent) wheeled or tracked mounted vehicle equipment either hydraulic or PTO driven cutter head with a minimum head lift height of 12.5’ to alter the vegetation type in accordance with a specified level of work, prescription, or as otherwise specified in task order. The task order will specify whether the equipment required will be tracked or wheeled.

Level V: Crown closure of material to be severed is estimated to be greater than 60 percent total cover. Slope is under 30%.

Level VI: Crown closure of material to be severed is estimated to be greater than 60 percent total cover. Slope is from 30 to 45%.

C.2.2 Accessibility:

Roads are accessible with a four-wheel drive vehicle after snowmelt. The Government assumes no liability to perform special road maintenance to keep roads open to the project area. Vehicles must stay on designated roads.

C.2.3 Exclusions (non-work areas).

1. Any area within the units designated, as a non-treatment area to provide wildlife habitat, archeological sites, and sensitive watershed areas will be identified with flagging. These areas may include single trees, clumps of trees and/or brush and edges of unit boundaries.

2. Meadows and wet areas. This includes any areas with wet soils or vegetation indicating the presence of wet soils. The COR shall designate these areas on the ground.

3. Survey monuments and bearing trees shall be protected and not damaged in any way.

4. All specified roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage at the Contractor's expense. Excessive slash cannot be left in the roadways after end of each workday. All cut vegetation shall be kept within unit boundaries. If slash is broadcasted onto the roadways, it must be removed by the end of each workday. Warning signs (at least two) shall be posted on roads. These shall be located 200’ from the intersection of the road and unit boundary at each edge of the unit. Signs shall be posted whenever working to alert oncoming traffic of the safety hazards associated with the operation. Signs shall include phrases similar to “Caution, flying debris stay back 300 feet” and be no less than 3’X3’ in size.

C.3 Maps

A project map showing the general vicinity and project units is included in section J. Acreage of the units was determined by calculations based on a horizontal plane using GPS technology. Units with slopes from 30-50% that are greater than 1 acre have been subdivided on the project map using a 10 meter Digital Elevation Model (DEM). The project maps are intended to show the general shape and location of the work areas. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of the stream zones and topographic features, when shown, also may be approximate.

C.4 Estimated Start Date & Contract Time

Estimated start date is October 1, 2009, with an estimated contract time of 166 Days (March 15, 2009). Activities may occur during winter months as long as soils are frozen and snow depth does not affect treatment of vegetation, and dead and down material.

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, included in attachments..

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. When ground conditions are too wet to continue operations without sustaining resource damage to soils. The Contracting Officer or Contracting Officer’s Representative will make this determination. When such conditions exist, the Forest Service will issue a written Suspend Work Order.

4. Servicing and refueling of equipment areas shall be located outside of SMZ’s or 100 feet from other wet areas. In case of a HAZMAT spill, the material shall be immediately contained and the Forest Service shall be immediately notified.

5. Within the item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas. Such areas exceeding 1/2 acre in size per unit will be excluded from payment.

C.6 Licenses and Insurance

Before work may begin on this project, the Contractor shall provide the documentation required in this section. Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the contract may be terminated for default in accordance with the clause governing default (termination for cause). The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [ ] does [ X ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

C.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ X ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

C.8 Technical Specifications

C.8.1 Definitions

Aggregation – A pocket of densely packed trees distinct from adjacent areas within a project unit. It is characteristic for trees within aggregations to have a higher percent of phenotypic defects (see definition) due to competition for resources in close proximity to others.

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

Co-dominant Tree - A tree with the crown forming the general level of the crown cover and receiving full light from above, but comparatively little from the sides.

C.O.R. - Contracting Officer's Representative.

Crop Tree (Leave Tree) - Any crop tree without excessive damage, which has a live crown ratio of greater than 40%. The top will not be dead, broken, or forked.

Damaged tree – Any crop tree with one or more of the following injuries:

Any true fir that has any bark cut or removed to the cambium regardless of the amount.

Any other tree species that has bark cut or removed to the cambium from more than 10% of the circumference of the bole.

Any tree that has a broken, forked, or dead top.

Any tree that has had 25% or more of the live limbs or branches broken or removed by any operation.

Defects, which include sweeps in the bole and crooked boles.

DBH - Diameter at breast height; the diameter of a tree measured at a point 4-1/2 feet above the ground on the uphill side of the tree.

Diseased Trees – Any tree greater than two feet tall with a diameter less than eleven inches at DBH with one or more of the following diseases:

Mistletoe: Trees with one or more visible infections on any part of the live crown or stem.

Gall Rust: Trees with one or more visible cankers on the bole or multiple cankers on the limbs in the green crown.

Chlorosis: Trees with off color foliage, weak root system and otherwise exhibiting a general unhealthy appearance.

Damage: Tree that exhibits insect infestation, severe mechanical, animal, or other damages (i.e. trees leaning severely).

Excess Tree - A tree that is left but should have been cut to meet spacing standards or trees-per-acre requirements.

Forked Trees – Trees with one or more forks in the live crown or with old dead or broken-out tops within 13 feet of the ground.

Hang-up Tree – A cut tree suspended above the ground by a leave tree.

Hardwood – A tree with broad leaves rather than needles (e.g., oak, madrone, etc.)

Insect Infested Tree– A tree pitching sap from the bark in multiple spots on the bole, frass in cracks of bark or at base of tree, dead or fading top.

Live Crown Ratio – The percentage of the live limbs in relation to the total tree height.

Phenotypic Defects - Referring to inherited defects or deficiencies caused by local environmental conditions. Examples: Trees with flat top shapes having under 4 inches of leader growth (measure of previous year), forked or multiple tops, twisting in the limbs bole and trees with sweeping, leaning or drooping forms.

Slash - All debris resulting from operations including stems, limbs and tops of trees, and brush.

Streamside Management Zone (SMZ) - Riparian area protected during logging, mechanical treatments and site preparation. Contains slash and vegetation.

Suppressed Tree - Any tree with less than 30% of its total height in live green crown or with less than 4 inches of current leader growth.

Thinning - The cutting of trees to meet the short term desired condition.

Vegetation – mountain mahogany trees, woody plants, including all brush species, not including grasses.

Off-Site Tree – A planted tree not from the proper seed zone or elevation, the shape of the tree resembles an apple tree.

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

C.8.2 Specifications

C8.2.1 Mastication Standards

1. All vegetation and slash identified to be treated shall be cut at a maximum of 6 inches above the normal plane of the ground (measured at stump height on uphill side).

2. No slash and other vegetative debris shall be more than 8 inches deep as measured from the ground level.

3. Specifications for cut material (slash) shall be:

50 % shall be less than or equal to 6 inches in length.

40 % shall be less than or equal to 2 feet in length.

10 % may be from 2-4 feet in length.

4. No damage to crop trees as a result of contract operations is permitted.

5. All cut vegetation shall be kept within unit boundaries.

6. Any cut vegetation falling into ditches, roads, road banks, trails or adjacent units shall immediately be removed by the end of the day.

7. No masticated or cut material shall lean against or be suspended by a leave tree.

8. Vegetation that is within 2 ft. vertical or horizontal of any obstacle such as large rocks or fences will not require treatment.

9. All boles or pieces up to 10 inches in diameter shall be masticated.

An open stand with healthier trees and a variety of age classes is the desired look of the treatment.

Treatment Specifications by Area: Each of the units will have 2 different types of treatment prescriptions. The treatment prescriptions will be described as ladder fuel treatments, and brush thinning treatments. Ladder fuels are represented by stands with mountain mahogany/brush growing under a conifer over story. Brush thinning areas are nearly pure stands of mountain mahogany or brush with some scattered pines.

Unit Number

Clumps of mountain mahogany brush, and small <10 inch DBH conifers may be left in open areas.

Masticate conifers <10 inch DBH as needed to allow equipment to operate under the conifer stand.

N3, N4, small portion N5

Clumps of mountain mahogany brush, and small <4 inch DBH conifers may be left in open areas.

Masticate conifers <4 inch DBH as needed to allow equipment to operate under the conifer stand.

Leave trees in clumps favoring large healthy mature mountain mahogany.

Brush species to favor in order of preference are; 1-bitter brush, 2-sage brush, 3-manzanita, 4-ceanothus.

Cut all mountain mahogany and brush from under conifers up to 50 feet downhill and 30 feet uphill from mature >12 inch conifer trees.

Do not cross or work in wet areas.

Leave 1 down log per acre. Masticate at least 50% of the diameter of down logs but do not disturb the soil.

As needed treat boundary trees marked with orange flagging.

Do not injure remaining conifer trees.

8.2.2 Treatment of Snags

All snags over 10 inches in DBH that do not create a hazard to performing work shall be saved.

Snags over 10 inches DBH creating a hazard to performing work will be cut and masticated (according to mastication specifications) only upon approval of the COR.

Snags less than 10 inches DBH shall be masticated.

C.8.3 Contractor-Furnished Equipment

Contractor furnished equipment shall be on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. Machine shall be free of fluid leaks and have hoses in good operating condition. Machine must be free of noxious weed seed, machine shall be pressure washed or steam cleaned prior to moving onto National Forest Lands. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and spill cleanup are the responsibility of the Contractor and shall be at their expense. If during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs in a timely manner.

Due to the presence of highly erosive soils (decomposed granite), the equipment shall be of low ground pressure type which meets the following specifications:

1. Ground pressure shall not exceed a maximum of 8 psi.

2. Machine shall be equipped with a mulching head capable of reaching at least 20 feet from center of machine to perform the work described in the scope of the contract.

3. Tracked vehicle.

C.8.4 Government-Furnished Property- None. See Section G.

C.8.5 Public Safety-

The contractor shall provide for public safety when operating equipment within 200 feet of open roadways and behind homes.

Safely operate equipment while working near the road so no material enters the roadway.

Provide cautionary signs warning of hazardous work ahead. Warning signs will be placed not less than 100, or more than 200 feet from the unit so as to be visible to oncoming traffic or recreational users. Signs shall be a minimum of 3 feet by 3 feet in dimension and warn the public of the possibility of flying debris.

Before operating equipment near homes or other structures the contractor shall:

1. Safely operate equipment so no material is thrown onto the property of nearby residents.

C.8.6 Salvage Rights: None

C.8-7 Road Maintenance- None

Inspection E.1 Sampling

[X] Plots. At least one percent of each treatment area will be sampled by a random series of nested plots distributed over the entire area. Plot size will be:

[ ] 1/250 acre

[ ] 1/100 acre

[ ] 1/50 acre

[ ] 1/10 acre

[X] other (specify) 1/30 acre (25.5’ radius)

E.2 Specific Inspection Procedures

E.2.1 Inspection of plots – Each plot will be randomly selected, given equal weight and inspected for the following listed below. A final percentage will be determined from the plot results for 1) Crop Tree Selection and 2) Mastication and Slash Treatment.

E.2.2.2-Upon inspection of all plots, the quality of thinning shall be calculated as follows:

# of passing plots

---------------------- X 100 = Quality %

# of total plots

E.2.3 Mastication and Slash Treatment for all Items

E.2.3.1 – The location of mastication and slash treatment plots will be nested inside the crop tree selection plots. A visual inspection will be made for the following. Item A and Item B will be averagved together for % quality:

A- At each plot location, mastication and slash treatment will be examined to see if it has been treated according to the specifications in Section C8.2.1. If any of the specifications are not met within the plot, the plot will fail.

B-If more than five Brush sprouts are left greater than 6 inches above the average ground level, the plot will fail.

E.2.32 - Upon inspection of all plots for a unit, the quality of mastication and slash treatment shall be calculated as follows:

# of passing plots for A + # of passing plots for B

-------------------------------------------------------------- X 100 = Quality %

# of total plots taken of A + B

E.2.4 Quality %

After finding a percent for Crop or Cut Tree Selection and Mastication and Slash Treatment, the two treatments will be added together and averaged for a final inspection percentage. For example, a 95% for tree selection and an 86% for mastication and slash treatment will yield an overall inspection percentage of 91%.

( % tree selection + % mastication & slash treatment) / 2 = overall inspection percentage

E.3 Acceptance Level

Work on this contract will be deemed acceptable when the quality percentage is least 90 percent for acceptance for full payment. Where inspection determines quality is 80 percent and above, but below 90 percent, the work will be accepted at a rate reduction of 2 percent for each 1 percent the quality of work is below 90 percent. If the percentage falls below 80 percent due to inadequate treatment, the area may be reworked to bring the percentage up or no payment will be made for the work. The contractor shall pay for reinspection costs of reworked areas. A maximum of 2 reworks will be allowed on any sub item and only one may be allowed if two reworks are common.

E.4 Government Inspections

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

Special Contract Requirements

Wages

[ X] See Attachments, Wage Determination

[ ] As of this date, no wage determination applicable to this specified locality and class of service employees has been received. The minimum wage specified in the Fair Labor Standards Act is currently $5.15 per hour.

Loss, Damage or Destruction

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Emergencies

Fire Plan [ X ] See Attachments, Fire Plan [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Maintenance -50 meters on either side of the centerline

[ ] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in

[ X ] (c) Special for this project: 100 feet around the perimeter of the unit being worked in

Superintendence by Contractor

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance

Contractor shall comply with all terms and conditions of a camping permit that will be issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified with white flagging with red polka dots before work commences.

Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

Other

All gates and barricades that are opened or removed during contract time need to be re-installed prior to wet weather or when access is no longer needed. All cut vegetation falling into ditches, road banks, landings, waterways, trails or adjacent units shall immediately removed. No payment shall be made for sub-items not meeting these specifications.