SOW.doc

STATEMENT OF WORK (SOW) and Attachments Background

The Forest Service is in need of additional fuelbreaks located in the Paddy Flat Guard Station vicinity. Fuelbreak, as used here, refers to “a strategically located wide block, or strip, on which a cover of dense, heavy or flammable vegetation has been changed to one of lower fuel volume or reduced flammability”. The tree thinning and associated slash treatment work will change the current condition, where fire would burn as an active crown fire, to a desired condition where fire would burn as a surface fire, on the National Forest Lands adjacent to the private land and residences.

Scope of Contract

This solicitation is for tree thinning and associated slash treatment, on the Payette National Forest, McCall Ranger District. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies and incidentals to perform all work necessary on the area specified. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire area.

Location and Description

The general project area is approximately 12 miles southeast of McCall, Idaho in Valley County. The general location of the contract blocks are shown on the Vicinity Map. The specific unit locations can be found on the Unit Boundary Map (Exhibit #2).

The project consists of four units on the McCall Ranger District of the Payette National Forest.

Units 3* and 4 are located in T17N, R4E, Sections 26.

Units 1, 2 and 3* are located in T17N, R4E, Section 27.

* - Unit 3 is in both of these sections.

The boundaries of the contract units are marked with orange ribbon. Roads, as used here, shall mean the well traveled portion of the road; cut banks and fill slopes may be within the contract units.

Access.

In a typical year access is limited, due to snow, from mid October to the beginning of June. The project area can be reached by traveling approximately 9 miles south of McCall, Idaho, from the junction of Hwy 55 and Deinhard Lane. Turn off of Highway 55 east, onto Paddy Flat Road. Paddy Flat Road turns into Forest Road (FR) 388. Take FR 388 to FR 389. Turn right onto FR 389 and go approximatley 2 miles to the project area.

The general work vicinity may be reached by Forest Service and county roads that are accessible by standard two-wheel drive pickup during normal operating seasons (See Exhibit #3). A four-wheel drive may be needed when roads are wet, icy or snow covered. Some roads shown on the maps may not be drivable with the use of 2-wheel or 4-wheel drive vehicle.

Detailed Unit Information.

The elevation of units ranges from 5200-5500 feet above sea level. Coniferous tree species present in the units include: lodgepole pine, grand fir, subalpine fir, Engelman spruce, Douglas-fir, ponderosa pine, and western larch. Lodgepole pine is the most prevalent tree species present, comprising greater than 60% of the trees in each unit. Current tree densities vary widely within each unit, from relatively open areas, to areas in excess of 3500 trees per acre.

Unit 1 - The average slope of this unit is approximately 35%.

Unit 2 - The average slope of this unit is less than 20% with a small portion of the unit on slopes greater than 60%, primarily along the drainage.

Unit 3 – The average slope of this unit is approximately 45%, ranging from 10 to greater than 60%.

Unit 4 – The average slope of this unit is approximately 30%, ranging from 0 to greater than 50%.

DEFINITIONS

Acceptable (Stocking) Density. The number of trees between the minimum and maximum specified in the contract.

Buffer. A strip of uncut trees bordering streams or riparian zones.

Calendar Days. Every day shown on the calendar, Sundays and holidays included.

Co-dominant Tree. Trees that are not as tall as dominants, with crowns receiving some overhead light. They may be confined laterally by dominants and usually make up the main canopy with the dominants.

Conifer. A cone-bearing tree with needles.

Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Contract Time. See Period of Performance.

Cut Tree. Trees designated to be removed from a stand.

Crown. That portion of a conifer tree, which has green-needled branches.

Damage. 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 or broken tops or trunks, crooks, and deep scars or damage to the bark on more than ¼ of the circumference of the tree.

Diameter Breast Height (d.b.h.). The diameter of the trunk measured at a point 4-1/2 feet above the ground level on the uphill side of the tree.

Dominant Tree. Tree whose crown extends above the general level of the main canopy; or in some cases, a tree whose canopy is above the main canopy of the tree’s immediate neighbors, receiving full light from above.

Dripline. The line extending vertically from the exterior edge of a trees live crown to the ground.

Excess Trees. Uncut trees that according to specification, should have been cut. Trees not severed from the stump, hang-up trees and stumps with live limbs.

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

Healthy Conifer. Trees that are growing well, exhibited by good leader growth, green foliage, and at least 40 percent crown ratio (ratio of crown to overall length), has upright growth form, absence of forking or broken tops, absence of mortality causing diseases or insects in the terminal buds.

Intermediate Tree. Trees that are definitely subordinate in position, receiving direct sunlight only through holes in the canopy. All trees of this class are subject to strong lateral competition.

Leave Tree. Any tree that is selected or required to be left standing according to requirements.

(See CONTRACTOR WORK REQUIREMENTS and STANDARDS sections).

Leave Trees per Acre. The number of leave trees within one acre. Generally referred to as average leave trees per acre calculated from one or more plot samples.

No. of trees per plot X reciprocal of plot size = leave trees per acre

OR Total trees on all plots X reciprocal of plot size = leave trees per acre Total no. plots taken

Live Limb. A limb of any size that has green needles attached.

Logging Slash. Debris created from commercial logging operations previous to this contract, including cut trees and shrubs including the tops, trunks, and branches.

Lopping. Cutting limbs and boles of trees to reduce depth of slash created by felled trees.

Minor Damage. Crooks in the trunk which are offset less than 3 inches from the long axis and within 13 feet of the ground, or bark damage to less than one-fourth the circumference of the tree. Trees with forks or broken tops are not considered to have minor damage.

Missing Leave Trees. Trees cut that should have been selected as a leave trees.

Performance Period. (or Contract Time) The number of calendar days allowed in the contract for completion of contract work.

Pull-back. Pulling thinning slash, by hand methods, back into the thinned unit or other approved areas, to clear roadways, trails, ditches, culvert heads, etc.

Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the attached Quality Assurance Surveillance Plan (QASP).

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

Riparian. Vegetation bordering watercourses, lakes, bogs, and seeps.

Roads. The area between the outside edges of the fill slope and back slope.

Seedling. A tree less than 4.5 feet tall.

Shrub. A woody plant with no main stem, which does not usually grow higher than seven feet (i.e., brush).

Slash. Limbs and trunks, and/or limbs created by the Contractor’s operations.

Spacing. The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree. Average spacing is calculated from the leave trees per acre.

Suppressed Trees. Trees that are or were definitely overtopped, receiving almost no free overhead sunlight. These trees are generally weak, slow growing, and exhibit very small and thin live crowns.

Thinning slash. Debris created from work under this contract, including all cut trees and shrubs including the tops, trunks, and branches.

Unsatisfactory Tree. Cutting of a tree that fails to meet contract standards includes, but is not limited to:

(1) Cutting the wrong tree, failing to cut a correct tree, failure to completely sever a live limb, etc.

Unsatisfactory trees are considered a deficiency or discrepancy in contract inspection.

TECHNICAL SPECIFICATIONS

Silvicultural Goal and Desired Condition

Reduce ladder fuels, understory tree density, and canopy closure by thinning from below. This is to reduce the amount of live fuels so that if a wildfire were to occur it would burn as a surface fire rather than a crown fire. The thinning and associated slash treatment work is to reduce the spread of wildfires and impacts to private inholdings in the wildland/urban interface.

1. Tree Thinning: (units 1-4)

· Thin existing conifer trees 6.9 inches DBH and less to an average spacing of 18 feet (135 trees per acre). Spacing on individual leave trees may be varied up to 50% to select the most desirable tree without numerically changing the average number of leave trees per acre.

· Only coniferous live trees less than 7.0 inches diameter are to be used for spacing. Trees 7.0 inches DBH and larger, and trees less than 18 inches in height shall not be counted in spacing guidelines.

· Leave all trees 7.0 inches DBH and larger, and all trees less than 18 inches height.

· Trees shall be completely severed from the stump. All live limbs below the cutting point shall be removed. Stump height shall be cut horizontal and no more than 6 inches above the ground level or 4 inches above natural obstacles, such as rocks.

· Species Preference for Leave trees is as follows (most desirable to least desirable): ponderosa pine > western larch > Douglas-fir > lodgepole pine > Engelmann spruce > grand fir> and subalpine fir.

· All hang-up trees shall be pulled down. Portions of severed trees shall not be left entwined with standing leave trees.

· Cut trees shall be felled away from the following: traveled roads, designated trails, private ownership lines, established fire breaks, fence lines, gates, designated leave trees, culverts, drainage ditches, wetlands, and perennial and intermittent streams channels.

· Favor trees showing little to no defect according to species preference.

· Favor healthy dominant and codominant trees with no defect.

Leave trees shall generally be those of the tallest height, largest crown, straightest stem, good coloration, vigorous annual terminal growth and free of damage due to insects, disease, physical or mechanical causes. Shorter trees may be selected over taller trees if that species is preferred over the taller tree species to obtain the desired crop/leave tree composition. Leave trees will be selected using the following criteria: (Some of these general specifications may change by block.)

Indicators of Undesirable Trees are: *multiple tops, poor crown form, crook or sweep in bole, dead or broken tops, insect and disease, suppressed and poor annual growth. *Multiple tops will be acceptable in any species, when it is the best tree of the species and it is needed to maintain species mixture. This will normally be an exception.

· Trees (whips) of minimum heights of 18 inches shall be cut. Rework will be required where whips are not cut.

· If a tree selected to be cut has a double stem, both stems are to be cut.

· Cull trees as described below shall be cut regardless of spacing.

CULL TREES:

Trees less than 7.0 inches diameter at breast height with evidence of the following shall be considered cut trees.

a. Insect Infested Trees

i. Any live conifer tree with evidence of bark beetles. Pitch tubes and /or boring dust may be present on the bole of the tree.

b. Damaged Trees

Any conifer tree with any of the following characteristics:

i. Three or more tops in the live crown, dead or broken out tops of the bole (double topped trees are acceptable leave trees, where they are the best tree to leave).

ii. Bent over or leaning more than 30 degrees from vertical.

iii. Bole damage where the bark is removed from more than 50% of the trees stem circumference.

c. Diseased Trees

i. Lodgepole pine/ponderosa pine with dwarf mistletoe or swelling in the bole or crown of the tree.

ii. Lodgepole pine/ponderosa pine with western gall rust in the bole of the tree. (Trees with branch infestations only are acceptable leave trees.)

3. Slash Treatment Requirements:

A. All slash created by operations performed under this contract, which falls outside the unit boundaries shall be pulled back into the unit(s) and treated with the applicable slash treatment.

B. All slash created by operations performed under this contract shall be pulled back at least 5 feet from the top of road cuts and at least 2 feet beyond the traveled surface of the road prism on the fill side, for all roads as shown on the Contract Maps. This material shall be treated with the applicable slash treatment.

C. All slash created by operations performed under this contract shall be pulled back at least 15 feet from all culvert intakes and treated with the applicable slash treatment.

D. All slash less than 5 inches in diameter is designated for treatment. Portions of boles larger than 5 inches will be left untreated providing that the butt is on the ground, live limbs are removed and smaller portions/crown of the tree are treated as specified.

The following table states what slash treatment method(s) are acceptable in each unit:

3.1 - Hand Pile

In units with slash treatment designated as “Hand Pile” (Units 1, 2 & 4), the following conditions shall be met:

A. Slash to be Handpiled: All slash, less than 5 inches in diameter shall be handpiled. When portions of slash are greater than 5 inches in diameter, the slash shall be cut so that the material less than 5 inches in diameter can be piled.

B. Location, Construction and Size of Piles: (See Exhibit #1) The minimum spacing between the edge of the pile and the crown edge of adjacent live trees shall not be less than the average diameter of the pile. Piles shall be located such that the heat, when the pile is burned, will vent uphill into an opening in the canopy. No piles are to be made on roads or trails as shown on the Contract Map, drainage ditches, riparian areas, or within channel bottoms above a culvert intake without prior written approval of the COR. Slash shall be moved up to 35 feet, if necessary, to protect residual trees or meet minimum pile size requirements. Material that is not required to be piled must be lopped to within 18 inches of the ground.

All piles shall be as compact as possible with a desired size of 5 feet in height and 6 feet in diameter. Minimum pile size is 4 feet in height and 4 feet in diameter. Maximum pile size is 8 feet in height and 10 feet in diameter.

All piles shall have a good base to keep the pile from toppling. Larger material shall be placed in the upper portion of the pile to aid in compaction of the pile. This may be accomplished by either teepee stacking or parallel stacking material. Jack-strawed piles that are not well compacted will not be accepted.

All material in excess of 6 feet in length shall be cut before placing in the pile. Material protruding out beyond the compact portion of the pile shall be bucked off and added to the pile to facilitate a clean burn.

C. Covering of Piles: Piles must be constructed with a 3 by 3 foot (or larger) sheet of waxed or poly-coated Kraft paper placed on the pile when it is approximately ¾ of the finished height of the pile. The remaining slash is to be piled on top to prevent the paper from blowing away.

3.2 – Directional fall, Lop and Pull-back

Slash treatment in unit 3 is designated as “Directional fall, Lop and Pull-back”. Trees in this unit must be:

· directionally felled to concentrate slash in openings,

· lopped to within two feet of the ground,

· bucked into lengths less than 8 feet long

· slash under the dripline of trees greater than 7 inches DBH must be pulled back from under the drip line of trees greater than 7 inches DBH.

The purpose of this treatment is to minimize mortality of large trees when this unit is prescribed burned. The slash in this unit will be jackpot burned by the USFS.

OTHER

The Contractor shall furnish all necessary labor, subsistence, supervision, tools (in good working condition), supplies, and equipment (including maintenance) necessary to perform the work.

The Contractor, upon written request of the Contracting Officer, shall remove any operator or other worker who, in the opinion of the Contracting Officer, is unsafe or objectionable to the Government. The Contractor’s employees shall exhibit safe working practices when performing work.

The Contractor shall preserve and protect all existing improvements and vegetation adjacent to the work site. The Contractor shall only remove or disturb trees, rock soil, or other resources when specifically authorized to do so.

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work.

The Contractor shall repair any damage to improvements or resources, including those that are the property of a third party, resulting from failure to comply with direct requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

CONTRACTOR WORK REQUIREMENTS AND STANDARDS

Resource Protection. The contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources in all aspects of the contract work.

Existing Facilities. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, gates, erosion dips, barriers, drainage developments, streams, and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

Stream Courses. The Contractor shall minimize damage to stream courses. Stream Courses identified on project maps shall be free of thinning slash for a distance of 15 feet on either side of the stream course. A stream course is identified as a body of water along with the identifiable bed and bank.

Other streams, often intermittent, occur within the thinning units and are not shown on the contract maps since this information is not always available. The contractor will identify and establish the required riparian buffer, as identified in the Summary Information Chart, along all stream courses and wetlands as they are encountered on-the-ground during contractor’s operations whether they are shown on the maps or not. The Contractor shall advise the Contracting Officer or COR of any of these areas so they may be looked at.

Soil Erosion. Precautions shall prevent gullying of roads and skid trails within and adjacent to the contract area, and protection of vegetative soil cover, soil, and water resources.

Quality Control. The Contractor shall prepare a Quality Control Plan as described in section CONTRACTOR QUALITY CONTROL PLAN. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

Work Plan and schedule. The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period. The Contractor shall provide a general plan with the technical proposal.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

Camping and Worksite Conditions. The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions will be consistent with the requirements in CAMPING AND WORKSITE CONDITIONS.

Communications. The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor's representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

On-site Representative. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

STANDARDS

Forest Service Handbook, R4 Supplement 2409.17-99-1 (effective 2/12/99), Chapter 6 - Timber Stand Improvement available at http://www.fs.fed.us/im/directives/field/r4/fsh/2409.17/2409.17_6-6.17.doc and http://www.fs.fed.us/im/directives/field/r4/fsh/2409.17/2409.17_6.2-6.4.doc

OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25 is available at http://www.osha-slc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

Tree Thinning

Quality meets or exceeds performance standard of 90%.

· If Contractor achieves 90% or greater quality, the Contractor will receive full unit price as incentive.

· If Contractor does not achieve at least 90% quality, may require rework and/or deductions as per Section CONTRACT ADMINISTRATION DATA and adverse performance evaluation.

Quality Control

· If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation.

· When Contractor’s plot inspections meet standards, no deduction.

· If quality does not meet standard, pay deduction and/or additional costs to the Government will be assessed

· Work not completed on schedule is subject to Default and may result in assessment of actual costs.

INSPECTION AND ACCEPTANCE

CONTRACTOR QUALITY CONTROL PLAN

Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 10 days of contract award based on items awarded to the Contractor and Government comments.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage.

Plot Inspections. The Contractor shall maintain a plot system that provides an unbiased sample of thinning quality that represents the entire area treated. At least 2-percent of the treated unit, or at least 5 plots per treated unit (whichever is greater) shall be sampled. The Government may observe or re-inspect the Contractor’s plots at any time.

Plots shall be marked and identifiable on the ground.

Contractor shall provide written inspection data by unit that meets the contract requirements and a sketch map with plot locations. The Contractor shall use Thinning Inspection Plot Form (R4-2400-4 (2/99)) provided at the pre-work meeting and described in FSH 2409.17, 6.4. Local codes are specified on Form R4-2400-4 and are in addition to those described in FSH 2409.17.

All Contractor inspection records shall be available to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Quality Assurance Surveillance Plan. All records shall be signed and dated by the person who conducted the inspection.

Tree Thinning Quality shall be calculated based on the equation specified on

Thinning Inspection Plot Form R4-2400-4.

Trees in excess of the maximum number of acceptable trees will be considered unsatisfactorily selected (either Category B or C). Deductions for improper tree selection and improper treatment shall be included in the inspection quality.

Slash Treatment quality must reflect full compliance with requirements

DELIVERIES OR PERFORMANCE

DELIVERIES

Contract Performance Time and Required Rate of Progress

The Contractor shall maintain progress at a rate, which will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

Contract Time. (See Period of Performance definition). The Contractor shall start work promptly after receipt of a Notice to Proceed. Each item will run concurrently. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Item Estimated Beginning Date Completion Date

July 15, 2010

Thirty calendar Days after the notice to proceed is issued.

The start date is only an estimate. Contract time will start on the day the notice to proceed is issued and end thirty days after the notice to proceed is issued.

The Government reserves the right to prescribe the sequence in which the units will be thinned.

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) Contract Time will start when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

SUPERINTENDENCE BY THE CONTRACTOR. At all times during 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 worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

GOVERNMENT INSPECTION / QUALITY ASSURANCE SURVEILLANCE PLAN

The objective of this plan is to provide a quality surveillance plan for thinning and slash treatment performed on this contract. This plan provides a basis for the Contracting Officers Representative to evaluate the quality of the Contractor’s performance. The oversight provided for in the contract and in this plan will help ensure that quality levels reach the required levels of performance.

Performance Standards

A. Quality Level: By monitoring the Contractor, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all tasks are specified in Technical Specifications portion of this contract.

B. On-Site Inspections: The COR will evaluate the current levels of performance, according to the standards set forth in this contract at the discretion of the COR.

C. Records Inspections: 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.

D. Documentation: The COR will keep a file containing the following:

· Copy of the contract

· Copy of COR and Government Inspector appointment letters

· Copy of Contractor Designated Representatives letter

· Copies of all required documents provided by the Contractor under this contract

· All contract correspondence initiated or received by the COR

· All modifications to the contract

· Copies of all completed inspection reports, checklists, logs, diaries, contract discrepancy reports and surveillance certifications

· Records of meetings attended

· Copies of processed invoices and receipt documents

Visual Inspection

The government will make periodic inspections while work is in progress to assure that work is proceeding satisfactorily. These inspections will initially be done daily but may vary if work progresses in a satisfactory manner. Inspection for acceptance of work will be accomplished by a visual or random plot inspection of each block and will be based on adherence to the specifications. If the work quality is determined to be 90 percent or higher, payment will be made at 100 percent of block price.

Inspection Indicating Less Than Quality Work

In the event visual inspection indicates that work quality is less than 90 percent and the operator will not re-work the block voluntarily, then the Government shall, by formal inspection, determine if the specified methods of work have been used. Failure to use specified methods shall require prompt corrective action. Repeated failure to follow the specified methods of work may be cause for termination of the Contractor’s right to proceed and the contract considered in default.

The inspections will be made on a series of plots. At least 2% or at least 5 plots (whichever is greater) per treated unit will be sampled using a systematic grid. This will constitute a minimum inspection for determining satisfactory performance. All plots will be assigned a number. That number will be marked on the ground and will correspond with plot numbers on the inspection forms.

The inspection of this project will be completed using a 1/20 acre plot or larger to measure thinning specifications. At each plot, the inspector will determine the following:

A. Number of trees left.

B. Optimum number of trees that should have been left.

C. Excess number of trees.

D. Number of missing trees.

E. Number of satisfactory trees.

F. Insufficient number of trees left.

G. Satisfactory stump height, slash disposal, and pruning.

The above information will be written on an inspection form (R4-2400-4).

Inspection of treated slash, stump height, and pruning shall occur in plots and as a walkthrough of the block as it is completed. The contractor will be informed of unsatisfactory work and asked to fix it should it fall below required standards. Slash must be treated in conjunction with thinning to reduce wildfire risk. Any exceptions must have prior approval by the COR.

Acceptance and Rework Determination of Acceptable Work

An error table will be used to determine the percentage of satisfactory work. The total number of errors divided by the total number of optimum leave trees equals the percent of unsatisfactory work. One hundred percent minus the percent of unsatisfactory work equals the percent of unsatisfactory work.

Unsatisfactory Work

The minimum acceptable standard for full payment is 90%. Reduced payment will be made for quality 80 to 89.9%. If the percentage falls below 90%, the Government will inform the Contractor in writing. The Contractor shall then rework all blocks that fall below 80% and bring the work up to satisfactory levels.

If the quality of work is not raised up to or greater than the acceptable standard within five consecutive days of the receipt of the written notice from the Government, the Contractor's right to proceed may be terminated in accordance with Clause 52.249-08, Default (Fixed-Price Supply and Service).

In any block, where quality falls below 80% no payment will be made for the work.

Re-inspection Upon Contractor’s Request

If the original inspection results are unacceptable to the Contractor on either a completed or partially completed block, re-inspection will be completed upon written request. The same inspection procedures will be used, but different plots will be measured. If the re-inspection confirms the original inspection is not meeting standards, the Contractor will reimburse the Government for the cost of the re-inspection. If the work meets acceptable standards, the Government assumes the cost of re-inspection and payments will be based on the results of the re-inspection.

Work completed after the performance period after a determination that there is no excusable delay. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage include but are not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

CONTRACT ADMINISTRATION DATA

MEASUREMENT

The area to be thinned is stated in the Summary Information Chart and Silvicultural Summary Prescription. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. Boundaries are marked in bright orange vinyl ribbon.

Re-measurement. The Contractor may at any time after award request re-measurement of any subitem. The request must be in writing within 10 calendar days after completion of a unit or pay item. Re-measurement shall be made within established boundaries.

If re-measurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

If re-measurement results in a variance greater than 5 percent in the acreage stated in the Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

METHOD OF CALCULATING PAYMENT

The Contractor’s Quality Control For each completed unit, the Contractor’s quality control inspection percentage for tree thinning will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment.

Payment calculation

Payment less damages will be based on the following methods.

Quality at fully acceptable performance- meets or exceeds 90 percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable, a payment will be made that provides payment at the unit price for the sub-item.

Payment Example: With a unit price of $100 and a unit size of 40 acres, the bid price would be $4,000. If the Contractor’s work quality were 95 percent, payment would be $4,000.

Quality at less than fully acceptable performance- less than 90 percent. Whenever the quality of work is below 90 percent (full pay) based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work is unacceptable and the value of services provided significantly reduced. Therefore, a deduction will be made for less than fully acceptable performance in accordance with the following: Graduated deductions will be made that increase as the quality decreases. For each 1-percent that quality decreases between 90 and 80 percent, a 2-percent deduction in the unit price will be made. No payment will be made for units where quality of work is below 80 percent.

Payment Example: With a thinning quality of 85 percent, the deduction would be: 10 percent for quality between 85 to 90 percent (5 x 2%). Therefore, the full deduction would be 10 percent, resulting in the Contractor receiving 90 percent of the bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 85 percent thinning quality, payment would be:

$100 x 90% x 40 acres = $3,600.

Unacceptable Work

Any unit, with quality less 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default.

When work quality falls below 90 percent in areas of 1/4 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 80 percent, the area may be separated from the sub-item and payment made in accordance with G.2.2.

Any work quality that the Government determines to be unacceptable and is not corrected, will be so noted in the performance evaluation.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

The property or services that will be provided by the Government are as follows:

SPECIAL CONTRACT REQUIREMENTS

POST AWARD CONFERENCE (AGAR 452.215-76) (FEB 1988)

A prework conference with the successful offeror is required. Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, slash treatment, camping/worksite plan, communicaions, and fire prevention plans shall be finalized in writing. It will be scheduled and held prior to estimated start date of contract. The conference will be held a A MUTUALLY AGREED UPON LOCATION AND TIME.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the contractor.

(b) Unless stated elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

· CONTRACTOR REPRESENTATIVE

· FOREMAN/WOMAN

· INSPECTOR

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

The contract will be modified to reflect any approved changes of key personnel.

FIRE PRECAUTIONS AND CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place their employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under the next 3 paragraphs below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a, are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Powersaws. For each powersaw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

1. Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container, (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

Pump and Trailer. Not required.

Burning. Before starting any open burning, the Contractor shall comply with the following:

a. Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

b. Obtain a burning permit from the District Ranger.

CAMPING AND WORKSITE CONDITIONS

Camping and Worksite Plan shall be consistent with requirements set forth in this section. The Contractor shall provide a general plan with the technical approach and shall provide a more specific plan based on items awarded, prior to start work.

The Contractor shall be aware of and abide by the rules of the Payette National Forest applicable to forest visitors.

The Contractor shall obtain a Letter of Authorization to camp from the COR prior to camping on Forest Service land.