BonitaMechanical_Attachment_8_PWS.docx

SECTION C--DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

PERFORMANCE of WORK STATEMENT (PWS)

Subsection 1 - General

1.1 Scope of the Project

The solicitation is for tree thinning and stand improvement activities within the Bonita Mexican Spotted Owl (MSO) Protected Activity Center (PAC) on the Flagstaff Ranger District, Coconino National Forest. The work consists of (i) mechanically falling of trees followed by skidding and decking at specified landings (ii) implementation of slash treatment, and (iii) road maintenance. An optional item involves hauling logs from landing locations within the PAC to designated staging areas outside the PAC, where it would be redecked.

Mechanical Thinning, Skidding, and Decking: The Bonita mechanical cutting units call for the mechanized felling of ponderosa pine >3’ tall and <14” diameter at breast height (dbh). All cutting units are marked with orange (leave tree) tracer paint. For all cut units, all ponderosa pine between 3” and 14’’ dbh not marked with orange tracer paint will be cut. Trees will be whole tree skidded/extracted to landing locations designated in the contract, processed and decked to desired specifications. Ponderosa pine between 3’ tall and 3” dbh shall be thinned to the specifications described in subsection 4.1.1 (and Attachment 5) and treated as logging slash.

Slash Treatment: All concentrated logging slash will be machine piled at the landing locations. The remaining slash not in concentrations shall be lopped and scattered as per specifications for lopping in subsection 4.2.4.

Road Maintenance – Surface Blading: The contractor shall maintain roads through surface blading in accordance with road maintenance requirements in subsection 4.6 and road maintenance specifications in Attachment 3. Performance of road maintenance work by the contractor shall be required prior to, and in some cases, after cut, skid, and deck operations in each cutting unit.

Road Maintenance - Spot Fill (Optional Item): If awarded, the Contractor shall repair pot holes or small soft areas of important aggregate surface on native roads when materials are inadequate to withstand use as described in Attachment 3.

Road Maintenance – Road Closure (Optional Item): If awarded, the Contractor shall take measures to close Forest Service Road 9410P following hauling from Cut Unit 3 (if optional item awarded).

Transportation of Logs to Staging Area (Optional Item): Processed logs meeting merchantability specifications will be transported from landing locations to designated staging areas and decked to decking specifications described in subsection 4.5. Map in Attachment 4 shows the general location for each Staging Area.

1.2 Project Location

The Bonita contract area is located on the Flagstaff Ranger District of the Coconino National Forest, south of the Flagstaff city limits. The legal land description is: T19N, R7E, Sections 19, 23, 24, 25, 26, 30, and 31.

Potential bidders are encouraged to visit each project site(s) prior to preparing their proposals (formal site visit scheduled). Contractors who do not look at the project sites shall not be afforded the opportunity to modify their pricing after award of the contract(s).

Driving Directions to the Contract Area:

Bonita cut units: From the Mormon Lake Work Center (located at 4373 S Lake Mary Rd) drive south on Lake Mary Rd (FH-3) 4.6 miles to Forest Road (FR) 132. Turn right on FR 132 and head south ~10 miles to the contract area. The Bonita contract area is south of FR 132 (seen in vicinity map in Attachment 4). The sale is delinated in orange tracer paint with the paint oriented towards the sale area.

1.3 Accessibility

See attached maps for road and travel routes for access to the Bonita cut units. Under normal weather conditions, Forest Roads are accessible by standard pickup or a similar type vehicle. Should roads become inaccessible due to rain, snow, fallen trees, slides, washouts, or Forest fire closure orders, the Government may direct the Contractor to suspend operations until road conditions improve or the fire closure is rescinded. The Government assumes no obligation to do special maintenance to keep roads open and reserves the right to deny any request where road damage is likely.

1.4 Boundaries

See attached maps (Attachment 4) showing the cut units.

For all mechanical units:

· Cutting Units are delineated on the ground with orange paint. The boundaries of cut units included in this contract are identified by 2 horizontal orange stripes at eye level facing into the unit and 2 vertical butt marks facing the adjacent trees. Approximately every 4th tree will have orange numbers designating unit identification.

· Known cultural resources are marked on the ground by white bands and/or pink flagging around trees on the perimeter of the site and shall be protected in accordance with subsection 4.7.1. No piling, vehicular or machine activity will occur within any designated heritage site.

· Landing perimeters will be flagged.

For the Optional Item involving transportation of logs to the staging area, staging area perimeters will be flagged.

1.5 Contract Time

The Contractor shall have 180 calendar days from the Notice to Proceed to complete all work under this contract. A Notice to Proceed will be issued on September 1st, 2017. The Contractor shall plan to complete most work during the normal operating season from September 1st through December 15th. See subsection 1.6 for information on timing restrictions, shutdown periods, and potential addition of contract days.

1.6 Timing Restrictions/Shutdown Periods

No mechanical operations, including road maintenance, shall be performed from March 1st through August 31st. Shutdown may also occur as the Government sees fit for fire hazard, red flag warnings, and undesirable road/ground conditions. If more than 14 days are lost during the normal operating season because the Contractor is shutdown by the government for circumstances beyond the Contractor’s control, the total number of days lost from the normal operating season will be added to the contract starting September 1st, 2018. Days lost outside of the normal operating season will not be added to the contract.

1.7 Maps

Treatment unit boundaries were established by Forest Service personnel and traversed using Global Positioning Systems (GPS). A Geographic Information System (GIS) was used to compute acreage and generate maps. Positions of features shown on maps are approximate.

1.8 Contractor Representative

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

1.9 Special Instruction

The following criteria will be applied if permission to camp is authorized:

· Before any camp is opened or operated on National Forest lands or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer via a District camp permit. A camp is interpreted to include a campsite or trailer parking area used by the Contractor or employee working on the project for the Contractor.

· Camps are not allowed on mainline roads or roads where heavy truck traffic occurs. Examples of suitable camp locations include rock pits, spur roads and landings, off of the mainline. Camping in road pullouts will not be permitted.

· Unless accepted elsewhere in the contract, the Contractor shall provide and maintain sanitation facilities and suitable housing for the workforce at the site (the Contractor is required to observe all applicable state and federal laws regarding work camps and housing of employees and/or subcontractors).

· Permission to camp is a privilege and subject to revocation at any time should the Contractor: not maintain a clean and orderly camp; not maintain compliance with District camp permit regulations; or should the camp location be needed for other purposes by the Forest Service.

· All structures shall be removed and the site restored to its original condition by the Contractor upon completion of the contract. Combustible refuse may be burned only if authorized in advance. All noncombustible materials, cans, bottles, equipment, vehicles, etc., shall be removed from National Forest System land and disposed of in a lawful manner. Final payment will not be processed until the camp clean-up and equipment removal has been accomplished. The Government will clean camps left in an un-restored state and the full cost will be assessed against the Contractor. Equipment left on National Forest lands will be removed and the full cost assessed against the contractor.

1.10 Private Property and Other Ownerships

The Contractor shall be responsible for any damages to private property or other ownerships due to Contractor negligence. The Contractor shall not access a unit through private property roads or other roads closed to the public unless prior written authorization is given.

1.11 Equipment Specifications

The work under this contract shall require the use of a cutting device (saw or shear) to fall trees at a high rate of production, equipment to skid/extract and buck logs without causing excessive soil disturbance and compaction, equipment to create safe decks of logs, equipment to create large machine slash piles without incorporating excessive dirt, and equipment to perform the necessary road maintenance. Fulfillment of the optional items shall require equipment to move logs from initial landings to staging areas and equipment to unload and deck the logs within the staging areas. All equipment used shall be capable of performing this work efficiently and to the specifications outlined in Subsection 4. All equipment shall be in good repair and free of abnormal leakage of fluids such as lubricants, coolants, and hydraulic fluid.

Cutting of trees may be done by manual or mechanical means. Skidding/extracting of logs will best be done by skidders or forwarders. If a contractor proposes using an alternative to a skidder or forwarder to extract logs, they must receive prior approval from COR.

Subsection 2 - Government-Furnished Property, Materials, Services

The Government will provide access via the roads indicated on project maps.

The Government will provide access behind forest road closures (locked gates) as needed to perform work associated with this contract.

The Government will provide Contract Area Maps.

Subsection 3 - Contractor Furnished Items/Services

The Contractor shall furnish everything required to perform the work associated with the performance work statement.

The Contractor shall use equipment that will not cause resource damage.

The Contractor shall furnish all equipment/personnel as required by the Industrial Fire Plan (Attachment 6).

The Contractor shall provide all appropriate signage and traffic control to alert public and other users of falling, skidding and decking operations, as required in Manual on Uniform Traffic Control Devices (MUTCD).

Subsection 4 – Performance Work Statement Tasks and Critical Subtasks

4.1 Tree Cutting/Removal

4.1.1 Tree cutting consists of cutting ponderosa pine meeting the following specifications for all cutting units:

· All ponderosa pine less than 14 inches dbh and greater than 3 inches dbh that are not designated with an orange leave tree mark shall be cut. No ponderosa pine greater than 14 inches dbh and no other conifer, juniper, oak, or aspen species shall be cut.

· All undesirable ponderosa pine greater than 3 feet tall and less than 3 inches dbh shall be cut (see Attachment 5). Desirable ponderosa pine greater than 3 feet tall and less than 3 inches dbh shall be thinned to 10 x 10 foot spacing ± 5 feet to select the most desirable tree. Spacing shall be off all residual trees. No other conifer, juniper, oak, or aspen species shall be cut.

4.1.2 All cut trees greater than 3 inches dbh shall be skidded/extracted to designated landings and processed (see 4.4) or piled (see 4.2). Cut trees less than 3 inches dbh shall be skidded/extracted to designated landings to be piled where feasible, with remaining cut trees less than 3 inches dbh treated as scattered individual pieces of slash (see 4.2.4).

4.1.3 Contractors operations shall not unnecessarily damage any residual tree, including young gowth.

4.1.4 Cut stump heights shall not exceed 12 inches above ground level or 4 inches above other natural features (rocks, logs, etc.) for all units.

4.1.5 AQL. 90% acceptable level of performance for trees >3” dbh; 75% acceptable level of performance for trees <3” dbh

4.1.6 Means of Measurement. A visual walkthrough inspection will initially be used to assess selection of cut and leave trees, removal of cut trees, protection of leave trees, and stump heights. Walk-through inspections will assess if designated non-orange painted trees are being cut and removed and if stump heights are within the maximum allowable height. Stump heights will be measured with a logger’s tape. If a visual inspection suggests contract specifications may not be met, a formal inspection procedure using randomly distributed plots will be used, as described in Section E.

4.1.7 Disincentives.

· Rework at contractor’s expense, which could include cutting additional trees, removing additional logs, or recutting additional stumps.

· Reduction in pay for items that cannot be reworked.

· Poor performance rating.

4.2 Slash Treatment

4.2.1 Logging slash shall be considered any piece of vegetative debris larger than 1 inch in diameter and 3 feet long resulting from Contractor operations.

4.2.2 Concentrations of logging slash, excluding scattered individual pieces, shall be machine piled.

4.2.3 Piling shall be accomplished in a manner that will prevent the accumulation of dirt in the piles. Machine piles shall be compacted by pushing slash from all sides towards the center of the pile. A machine pile shall not exceed a width of 25 feet and average pile height shall be greater than 1/3 the average width of the pile. Piles shall be a minimum of 15 feet in width. Piles shall be located so that burning will not damage standing live trees, snags, or physical improvements such as fences, poles, buildings signs, tables, grills and cattle guards. The minimum spacing between piles shall be equivalent to one and one half the diameter of the adjacent pile.

4.2.4 Scattered individual pieces of logging slash shall be treated by lopping (limbing or severing) and scattering as necessary to place slash within 2 feet of the ground over entire area of cutting unit.

4.2.5 AQL. 100% acceptable level of performance for slash piles.

90% acceptable level of performance for scattered logging slash.

4.2.6 Means of Measurement. Visual inspection or measurement of each slash pile and a visual walkthrough inspection of scattered activity slash. If scattered activity slash appears to not meet contract specifications, then a formal inspection procedure will be used, as described in Section E.

4.2.7 Disincentives.

· Rework at contractor’s expense, which could include repiling slash or lopping and scattering additional slash.

· Poor performance rating.

4.3 Skidding/Extraction

4.3.1 All skid trails shall be authorized by mutual agreement between the COR and Contractor prior to operations within each unit. All skid trails will be identified with flagging prior to operations.

4.3.2 Additional trees of all species may need to be cut to accommodate skidding operations. Additional trees will be designated by Forest Service COR with blue paint at breast height and at stump height.

4.3.3 All skidding shall be performed so that at least one end of each skidded tree is suspended above the ground and in a manner that follows all resource protection measures identified in Subsection 4.7.

4.3.4 All skid trails shall be closed out with proper erosion control measures within 15 days following last use.

4.3.5 AQL. 100% acceptable level of performance.

4.3.6 Means of Measurement. Visual inspection of skid trail location to ensure skid trail did not deviate from approved location. Visual estimate of additional trees cut to make sure they have been designated with blue paint. Document when skid trail is no longer in use and start to tally the number of days leading to 15 days for required skid trail closeout.

4.3.7 Disincentives.

· Rework at contractor’s expense, which could include ripping and slashing any disturbed ground outside of designated skid trail location.

· Reduction in pay for items that cannot be reworked (i.e., cutting of additional trees not designated with blue paint).

4.4 Landings

4.4.1 All extents of landing locations shall be flagged by the contractor to be approved by the COR prior to use.

4.4.2 The cleared size of landings shall not exceed that needed for efficient skidding and decking operations.

4.4.3 Additional trees of all species may need to be cut to accommodate operations at landings. Additional trees will be designated by Forest Service COR with blue paint at breast height and at stump height.

4.4.4 Landing locations are only permitted along pre-existing Forest Service Roads (FSR) 132,133, 236, 236A and 9410P (Contract Area Map in Attachment 4).

4.4.5 All landings shall be scarified when operations are complete unless COR and contractor agree otherwise.

4.4.6 AQL. 100% acceptable level of performance.

4.4.7 Means of Measurement. Visual inspection or measurement of landing perimeter using measuring tape or GPS to ensure landing did not exceed approved size. Visual estimate of additional trees to make sure they have been designated with blue paint. Visual inspection to ensure scarification.

4.4.8 Disincentives.

· Rework at contractor’s expense, which could include ripping and slashing any disturbed ground outside of designated landing location.

· Reduction in pay for items that cannot be reworked (i.e., cutting of additional trees not designated with blue paint).

4.5 Decking

4.5.1 All material meeting minimum merchantability specifications as described in Table 1 shall be decked free of other slash by piling pieces parallel to each other at landings approved by the Forest Service.

Table 1. Minimum Mechantablility Specificaions

Inside Bark Cull Factor

Reasonably Straight

4.5.2 To meet minimum tree specifications, trees must equal or exceed tree diameters listed in Table 1 and contain at least one minimum piece. The contractor shall buck, limb, and deck all trees and pieces that meet minimum piece standards in Table 1. The contractor shall buck out cull material when necessary to produce pieces meeting utilization standards. The contractor shall process all wood to the longest length possible up to 40 feet.

4.5.3 All unmerchantable material not decked shall be piled according to the specifications outlined in subsection 4.2 unless used for rehabilitation of skid trails or landings.

4.5.4 Log decks shall not exceed 32 feet high and 40 feet long. Log decks shall be constructed in a stable manner that will resist collapse.

4.5.5 Merchantable timber shall be decked at a landing location approved on the ground by COR.

4.5.6 Decked material shall not be stacked against the bole of residual trees, rock outcroppings, or existing downed logs.

4.5.7 Accountability: All logs meeting deck specifications shall be painted on each end with a mark at least 3 inches wide by 3 inches long with highway yellow paint.

4.5.8 Optional Bid Item: Transport of Logs to Staging Areas. Contractor shall transport processed logs meeting minimum merchantability specifications from designated landings to one of two designated staging areas (see Contract Area Map). If all optional items are awarded, both staging areas will likely be needed to deck all timber. Staging area locations and size shall be agreed upon by COR and Contractor. Contractor shall follow all landing specifications in Section 4.4 and all decking specifications stated in Section 4.5. Logs shall be secure when transported and painted on each end with a mark at least 3 inches wide by 3 inches long with highway yellow paint. Logs shall be completely suspended from the ground when transported from landing to staging area.

4.5.9 AQL. 100% acceptable level of performance.

4.5.10 Means of Measurement. Visual estimate of deck height and length, merchantability of decked wood. Visual assessment of paint markings. Visual assessment of transport operations.

4.5.11 Disincentives.

· Rework at contractor’s expense, which could include re-decking of logs to meet contract specifications, removing merchantable logs from piles, or painting unpainted logs.

· Poor performance rating.

4.6 Road Maintenance

4.6.1 All road maintenance shall be performed according to specifications outlined in Attachment 3.

4.6.2 Base Items 1.2.1 to 1.2.5 include surface blading, as described under T-803 in Attachment 3. T-801 section 3.3 has been included to cover compaction of material placed for rolling dips performed under T-803.

4.6.3 Optional Item 1.2.6 includes spot fill on up to a quarter mile of roads within the project area (exact location TBD), as described under T-801 and T-806 in Attachment 3.

4.6.4 Optional Item 1.2.7 involves closing FSR 9410P post-hauling, as described under T-811 in Attachment 3. This optional item would only be awarded with Optional Item 1.3.2.

4.6.5 AQL. 100% acceptable level of performance.

4.6.6 Means of Measurement. Visual inspection of road maintenance to ensure all required work is completed.

4.6.7 Disincentives.

· Rework at contractor’s expense, which could include additional surface blading, surface repair, slide and slump repair, or road closure measures.

4.7 Resource Protection Standards

4.7.1 Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave Resources

Areas, known by Forest Service prior to contract solicitation, needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground, and shall be treated as follows:

· Unless agreed otherwise, wheeled or track laying equipment shall not be operated in areas identified as needing special measures except on roads, landings, tractor roads, or skid trails. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of cross ditching.

· Unless agreed otherwise, trees will not be felled into areas identified as needing special measures.

· Contractor shall conduct operations in a manner that does not damage or disturb identified areas. In the event that protective measures identified by the Forest Service are for any reason inadequate, Contracting Officer may delay or interrupt Contractor’s operations, under this Contract, and/or modify this Contract.

· Contractor shall immediately notify the Forest Service if its operations disturb or damage any area identified as needing special protection, and shall immediately halt its operations in the vicinity of such area until the Forest Service authorizes continued operations. In the event that Contractor's operations disturb or damage an area identified as needing special protection, then Contractor shall reimburse the Forest Service for the full cost and expense of any evaluative and remedial measures undertaken by the Forest Service in connection with such disturbance or damage. Such payment shall not relieve Contractor from civil or criminal liability under applicable law.

Nothing contained in this item shall establish, or be deemed to establish any express or implied warranty on the part of the Forest Service that the Forest Service has identified all areas within the Contract Area requiring special protection, or that measures prescribed by the Forest Service for protection of such areas are adequate.

Following contract solicitation, additional areas needing special measures for protection may be discovered or identified; protective measures may be revised or newly prescribed; and, additional species of plants and/or animals may be added to federal lists of protected species. In such event, Contracting Officer may delay or interrupt Contractor’s operations, under this Contract, and/or modify this Contract.

Discovery, by either the Contractor or the Forest Service, of additional areas, resources, species, or members of species needing special protection shall be promptly reported to the other party.

The Contractor shall be able to recognize a Mexican spotted owl (see Attachment 7). If a Mexican spotted owl is detected, the Contractor shall immediately cease operations, notify the COR, and not continue operations until clear instructions are provided for how to proceed.

4.7.2 Soil Protection.

Soil erosion is directly related to the amount of cover that is left intact to reduce the impact of rainfall. Logs, litter, duff and rock are effective in reducing soil displacement from raindrop impact.

The Contractor's activities shall be executed in a manner to retain the natural contour of the ground. Any mounding up of soil should be returned to the natural contour as part of the work process.

The Contractor's activities shall be executed to minimize disturbing the duff layer.

Soil compaction also has a direct effect on soil erosion and site productivity. Soil moisture content, equipment ground pressure and number of passes are related to soil compaction. For soil productivity, a minimum of 80% of an activity area will be in a non-compacted, non-puddled, and/or non-displaced condition.

4.7.3 Water Protection.

The following measures shall be observed to protect stream courses:

· Contractor's operations shall be conducted to prevent debris from entering stream courses. Contractor shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to stream courses.

· Wheeled or track-laying equipment shall not be operated in stream courses except at crossings designated by Forest Service as essential to construction or removal of culverts and bridges.

Activities with the greatest potential impact are road-building, landing and skid trail construction, soil disturbance and vegetation removal.

Contractor shall:

· Avoid constructing landings in wet or difficult to drain areas, in depressions, or near ephemeral streams.

· Protect permanent and seasonal wet areas from mechanical disturbance.

· Minimize disturbance of surface vegetation.

· Wheeled or track-laying equipment will not be operated in meadows.

4.7.4 Erosion Control.

Adequate erosion control measures will be taken on all roads, skid trails, landings as directed by the Forest Service. Measures may include water-barring, placement of slash, scarification or out sloping. Erosion control measures must be in place before seasonal periods of precipitation, run-off, or cease of operations in the project area. Equipment shall not be operated when ground conditions are such that excessive damage will result.

Unless waived in writing, erosion control measures shall be completed within 15 days after skidding operations relaited to each landing are completed or after Forest Service designation on ground of work where such is required.

4.7.5 Other Resource Protection.

All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources listed.

Contractor, in all phases of construction and logging operations, shall protect insofar as practicable all land survey corners, post markers, bearing trees, above ground utility lines, underground utility lines, ditches, fences, and other improvements. If such improvements are damaged by Contractor's operations under this contract, Contractor shall notify Forest Service as soon as practical. Contractor shall restore them immediately to condition existing immediately prior to logging. When necessary, Forest Service may require Contractor to move any such telephone lines or fences from one location to another. All roads and trails, designated by Forest Service as needed for fire protection or other purposes, shall at all times be kept free of logs, brush, and debris resulting from Contractor's operations. Contractor shall promptly restore roads or trails damaged through such use. Contractor's use of existing roads may be restricted as indicated on unit maps.

Protection of Protected Species - The location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., or a sensitive species identified by the Regional Forester have been identified on-the-ground by the Forest Service prior to award of this contract and these locations are shown on the contract area map. If the Contracting Officer determines that protection measures are inadequate, if other such areas are discovered, or if new species are listed on the Endangered Species List, Contracting Officer may either cancel, in whole or in part, or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party. This item and any protections listed pursuant to this item do not constitute a warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Contractor is on notice that special protection measures not currently listed may be required at any time.

Protection of Cultural Resources - Locations of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470), and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-ll) (36 CFR 296.4 and 36 CFR 261.9(g)), shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object that is or may be entitled to protection under these acts, regardless of when the area, object, or artifact is discovered or identified. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the site is determined.

Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture against destruction, obliteration, removal, or damage during Contractor's Operations. Contractor shall immediately notify the Forest Service if disturbance occurs to any known site and shall immediately halt operations in the vicinity of the site until Forest Service authorizes the Contractor to proceed. Contractor shall bear costs of evaluation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to back-blade skid trails and other ground disturbed by Contractor's Operations within such areas in lieu of cross ditching.

4.8 Safety

When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the public with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor's operations. A specific traffic control plan for each individual project shall be agreed to by Contractor and Forest Service prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD).

4.8.1 Protection of Public in Recreation Areas. For protection of National Forest interests and safety of general public, Contractor's Operations shall be subject to the following restrictions:

· When Contractor's Operations are in progress within safety zones, shown on the Operating Area Map, and designated on the ground, Contractor may be required to post warning signs in the area or maintain a watchman whose sole duty shall be to warn and advise public of any hazards present in area as a result of this sale.

· During periods of general recreation activity within project area or vicinity, Forest Service may restrict hauling to days other than Saturdays, Sundays, and National holidays.

4.9 Cleaning Equipment

Contractor shall ensure that prior to entry onto Federal Land and prior to moving between project areas, all Off-Road Equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall advise Forest Service of its cleaning measures and make the equipment available for inspection. Forest Service shall have 2 days, excluding weekends and federal holidays, to inspect equipment after it has been made available. After satisfactory inspection, Contractor may move the equipment as planned. “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles. Areas infested by invasive species of concern are identified on the Contract Area Map.

4.10 Prevention of Oil Spills

If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

4.11 Snow Removal

This Section provides for removal of snow from roads to facilitate logging operations and safe use. Perform work in a manner to preserve and protect roads and appurtenances, and prevent erosion damage to roads, streams, and other Forest values. Do not undercut banks. Do not blade gravel or other surfacing material off the road. Keep roadbed drainage ditches, drain dips, and culverts functional when needed during operations and upon completion of operations. Space, construct, and maintain drainage holes in the dike of snow or berm caused by snow removal operations. Place drain holes to obtain surface drainage without discharging on erodible fills.

4.12 Submittals

The contractor shall deliver the following submittals. The contractor is responsible to perform work to the Quality Assurance Requirements in Subsection 5 for all tasks and subtasks. All submittals are due within 21 days after contract award.

4.12.1 Operations Plan and Schedule. The contractor shall describe how they plan to perform the contract. The plan shall include the following:

· The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing and inspecting each item.

· What equipment will be used.

· What measures will be used to protect specific features.

· What measures will be used to control traffic along roads and trails

· Information on the plan to open roads, protect water quality, and all other areas of the contract.

4.12.2 Fire Plan. The contractor shall provide a fire prevention and control plan providing the prevention and control of fires on the Contract Area. Such plans shall include a detailed list of personnel and equipment for implementing the plan (see Attachment 6).

4.12.3 Quality Control Plan. The Contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the agreement are provided as specified.

4.12.4 AQL. 100% compliance.

4.12.5 Means of Measurement. Confirmation of submittal receipt and review of submittals for major tasks and major errors. Periodic monitoring throughout the contract to ensure all approved and agreed upon submittals are being followed.

4.12.6 Disincentives.

· Contract may be terminated for failure to provide required submittals

· The Notice to Proceed will not be issued until submittals are accepted.

· Contract may be terminated for failure to complete work on schedule or follow specifications of plans provided.

Subsection 5 – Performance Requirements

All Quality Performance Standards are defined in Subsection 4. This is a summary chart.

Contractor will not be paid for any portion of a bid item unless all work related to that item is completed and approved by contract termination date. For example, the Contractor will not be paid for Item 1.1.1 unless/until all cutting, skidding, decking, and slash treatment is completed and approved. Partial payment will not be issued.

Performance Requirements Summary Chart

Tree Cutting/ Removal - Trees >3” dbh

Quality meets or exceeds performance standard of 90%.

· If Contractor does not achieve at least 90% quality related to items that can be reworked, rework will be required.

· If contractor does not achieve at least 90% quality related to items that cannot be reworked, payment deductions will be made as per Section E.

· If Contractor does not achieve at least 75% quality related to items that can be reworked, rework will be required.

Slash Treatment - Piling

Slash Treatment – Scattered individual pieces

Quality meets or exceeds performance standard of 90%.

· For items that cannot be reworked, payment deductions will be made as per Section E.

Landings

· For items that cannot be reworked, payment deductions will be made as per Section E.

· Contract may be terminated for failure to transport logs according to specifications.

· Notice to Proceed may be withheld until submittals are accepted by the Forest Service

Operations Plan and Schedule, Fire Plan, Quality Control Plan

· May result in assessment of actual costs.

* Meeting the above performance standards will result in a positive performance evaluation. Failure to meet any of the above performance standards may results in a poor performance evaluation.

E.1 Inspection Procedures

The Government will make periodic inspections according to the inspection procedures described below using the inspection forms provided. The Contractor’s Representative is encouraged to observe the Government’s inspection procedure and will receive inspection summaries upon request.

Inspection results will serve as the basis for requiring rework and for calculating payment as outlined in Section E.7.3, Method for Payment Calculation.

E.1.1 Visual Inspection/Measurements

Visual inspection accompanied by measurements where necessary and periodic monitoring of operations will be used to determine the acceptable quality level of many items in this contract including slash pile location/size, skid trail location/closeout/acceptability of trees cut, landing location/size/acceptability of trees cut, deck location/size/inclusion of merchantable material/painting of logs, transportation of logs to staging areas, and road maintenance. All of these items require a 100% acceptable level of performance to be accepted. All items may be re-worked except for the cutting of unacceptable trees or unnecessaryily damaged trees.. Each cutting of unaccpetabble tree or unnecessarily damaged tree would result in a $100 deduction in payment for the associated with each line item payment.

E.1.2 Plot-Based Inspection

Plot-based inspection may be used to assess tree cutting/removal and treatment of scattered logging slash where visual inspection suggests contract specifications may not be met. The plot-based inspection method would involve a random distribution of 1/20th acre fixed radius plots sufficient to achieve a 1% sample of the work performed.

On each plot, one or more of the following items would be assessed:

· Tree cutting/removal

· Acceptable cut trees

· Acceptable leave trees

· Removal of cut trees

· Acceptable stump heights

· Slash treatment – scattered individual logging slash

· Acceptable slash height

Work quality for tree cutting/removal and slash treatment would be assessed at the plot level. If any of the acceptance criteria fail, the plot is not acceptable. The following formula would be used to assess work quality:

Work quality % = # acceptable plots / total # of plots x 100

Work quality for slash treatment would be calculated separately from tree cutting/removal and work quality for tree cutting/removal for trees >3” dbh would be calculated separately from tree cutting/removal for trees <3” dbh.

When work quality is 90% or higher for tree cutting/removal for trees >3” dbh or slash treatment, payment will be made at 100% of the unit price (minus any other pay deductions).

When work quality is less than 90% for tree cutting/removal for trees >3” dbh or slash treatment, due to reworkable items, the Contractor shall rework the unit. The unit will be re-inspected and if deficient items are corrected, work will be accepted and payment will be made at 100% of the unit price (minus any other pay deductions).

Where work quality is less than 90% for tree cutting/removal for trees >3” dbh due to too many trees cut, the pay will be reduced to a level equal to the work quality achieved. For example, if the work quality is 85% due to cutting too many trees, this cannot be corrected and the contractor’s pay will be reduced to 85% of the unit price (minus any other pay deductions).

When work quality is 75% or higher for tree cutting/removal for trees <3” dbh, payment will be made at 100% of the unit price (minus any other pay deductions).

When work quality is less than 75% for tree cutting/removal for trees <3” dbh, the contractor shall rework the unit. The unit will be re-inspected and if deficient items are corrected, work will be accepted (minus any other pay deductions).

E.2 Acceptance

Acceptance of work will be determined based on compliance with the contract specifications at the acceptable quality levels described in Section 4 (and summarized in Section 5). Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in Section 4 (including requiring rework or reduction in payment) and/or FAR 52.212-4(a) Inspection/Acceptance.

E.4 Unacceptable Work

If Government inspections and/or monitoring of operations reveal work is not being accomplished in accordance with specifications, the Government will immediately notify the Contractor in writing and order improvement in the quality of work. If the quality of work (for deficiencies that cannot be satisfactorily re-worked) is not raised to an acceptable standard within two consecutive workdays after receipt of notice in writing from the Government, the Contractor's right to proceed may be terminated and the contract considered in default.

E.5 Re-Work and Re-Inspection

Following the initial inspection process, the Contractor shall rework the item(s) where deficiencies occurred if deficiencies can be corrected. All rework shall be completed within the seven (7) calendar days following notification of the deficiency (unless otherwise negotiated with the Contracting Officer).

Following a rework by the Contractor, the Government will then assess the rework and if necessary, complete a re-inspection at no cost to the Contractor. After an initial rework and re-inspection, the Contractor will be assessed the costs incurred by the Government directly related to the performance of subsequent re-inspections. Items that may be included in the cost of the re-inspection include, but are not limited to, (1) wages of the COR and Government inspector(s), (2) vehicle use, and (3) meals and lodging that are incurred during the re-inspection.

E.6 Work Completed after Performance Period

If 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 damages include, but are not limited to, (1) wages of the COR and Government inspector(s), (2) vehicle use, and (3) meals and lodging that are incurred during the additional inspection time.

E.7 Calculation of Payment

E.7.1 Unit Area Measurement

The unit area and road length measurements are stated on the Schedule of Items. All linear and area measurements under this contract are measured on a horizontal distance and plan within the established boundaries using the Global Positioning Systems (GPS) and/or Geographic Information Systems (GIS).

E.7.2 Unit Area Re-measurement

The Contractor may at any time after award request re-measurement of the area of any unit or length of any road. The request must be in writing. Upon completion of the re-measurement by the Government, one of the following shall apply:

(a) If re-measurement indicates a variance of 5 percent or less in the acreage or 10 percent or less in the mileage stated in the Schedule of Items, there will be no adjustment in acres or mileage and the Contractor shall pay for the actual cost of re-measurement.

(b) If re-measurement results in a variance greater than 5 percent in the acreage or 10 percent in the mileage stated in the Schedule of Items, payment shall be based on the re-measured acreage or mileage and the Government shall pay for the re-measurement.

E.7.3 Method of Payment Calculation

Contractor will not be paid for any portion of a bid item unless all work related to that item is completed and approved by contract termination date. Partial payment for a bid item will not be issued.

(a) Payment for Bid Item 1.1.x - Cut, Skid, and Deck

Once all work is completed and accepted within a cut unit (including cutting, skidding, decking, slash treatment, skid trail closeout, and any necessary rework), payment for each cut unit shall be made as follows:

Unit Payment = (total bid amount x % acceptable plots for tree cutting/removal – trees >3” dbh (if <90%)) – ($100 x # of unacceptable trees cut around skid trails and landings)

(b) Payment for Bid Item 1.2.x – Road Maintenance

Once all road maintenance is completed and accepted for a given road segment (including any necessary rework), payment for each road segment shall be made as follows:

Road Segment Payment = total bid amount

(c) Payment for Bid Item 1.3.x – Transportation of Logs from Landings to Staging Areas

Once all logs cut from within a cutting unit are transported to the designated staging area and all work including associated road maintenance is accepted, payment for each cut unit shall be made as follows:

Unit Payment = total bid amount - ($100 x # of unacceptable trees cut around landings associated with staging area)

F. 2 Deliveries

F.2.1…