SOW.docx

STATEMENT OF WORK

The purpose of this contract is to reduce stand density in both plantation and wild stands through thinning and removal of excess boles and limbs. This treatment is needed to improve forest health, reduce stand density and reduce the risk of wildfires within the Defense Zone in the vicinity of Ponderosa Basin and the Chowchilla Mountain Road. Work is to be performed on the Bass Lake Ranger District.

The Contractor is required to fall all designated biomass and sawlog trees, limb logs, skid biomass and sawlogs to a landing, deck sawlogs for a future deck sale, and remove the biomass material from the contract area. All trees (both biomass and sawlog) required to be removed are marked with PINK paint. Designated live trees 6 inch dbh to 9.9 inch dbh and all designated dead trees are considered biomass, while live trees greater than 9.9 inch DBH are considered sawlogs. The minimum piece size for sawlogs is 12 inch diameter at large end and at least 10 feet long. The minimum piece size for biomass material is 3 inches in diameter on the small end and 10 feet long. The contractor is required to cut and remove all designated trees to designated landings. All sawlog material must be decked at a height of no more than two layers prior to completion of project.

Work shall be done in a manner that does not damage residual trees or specified non-treated vegetation. The Contractor shall develop a plan of operations to accomplish these objectives and organize and direct all of the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required.

DESCRIPTION AND LOCATION

The location of the work site, access to the site and other information pertinent to each unit is contained on the vicinity maps in Section J and in the paragraphs below.

For reference use Thomas Bros. Maps and Road Atlas of California

These directions are estimated using a travel meter that you find on any vehicle and the starting point is The Bass Lake Ranger District Office in North Fork. Directions are given from the Bass Lake Ranger District Office, North Fork CA. To reach the District office from Fresno, take Highway 41 northeast to the O’Neal turnoff, which is Road 200, and turn right. Proceed to the town of North Fork and the district office is located at 57003 Road 225.

Sonny Meadow/Chowchilla Thinning Project Area:

This project area is located in Mariposa County. Proceed east on Road 200 and travel for .5 mile to the intersection with Road 274 and turn left. Proceed for approximately 11 miles and Rd 274 merges with Rd 222. Continue on Road 222 for approximately 3 miles towards Highway 41. Turn left onto Highway 41 (south) and travel for 3 miles to Highway 49 and turn right. Travel on Highway 49 for approximately 13 miles to Chowchilla Mt Road and turn right. Travel a short distance to the stop sign. Turn right, and continue on Chowchilla Mt. Road. Stay on the paved road. Turn right onto Harris Road and travel a short distance. After the bridge crossing follow to the left onto Creel Road. Travel to Pilot Peak Road as it becomes Road 5S12. Unit # 2 (770-26) is located on the south side of the road.

Return to Chowchilla Mtn. Road and turn right (northerly) and proceed for approximately 2.5 miles. Unit # 1 (768-14) is located on the right side of the road just north of the private property and continues to the intersection with Rd 5S35 and Rd 5S09.

CONTRACTOR'S REPRESENTATIVE

Before work starts, the Contractor shall designate, in writing, a representative who speaks fluent English and understands the written English language to be acting during Contractor's absence from the work site. The Contractor shall list the extent of authority the representative will have on the job. The Contractor or the Acting Authorized Representative shall receive orders and instructions from the Contracting Officer's Representative or the Inspector and shall take such action as required to keep the job in progress under the terms of this contract.

PRIORITY OF WORK

The Contracting Officer may specify a priority of work by item, block, or stand within the item, without additional cost.

RESTRICTIONS ON WORK:

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14).

Work may be performed at any time during the period of the contract, except under the following conditions:

a. As described in the fire plan

b. When the Contracting Officer determines that adverse weather has made access too dangerous or continued vehicular travel would cause unacceptable road, landing, or skid trail damage.

c. When the Contracting Officer has determined that weather conditions are unfavorable for thinning operations to continue due to increased risk of insect infestations.

d. On Sundays unless otherwise agreed upon by the Contracting Officer and the Contractor.

e. Between dusk and dawn. Before 7 A.M on weekdays or 8 A.M. on weekends when working within ¼ mile of residents.

f. Within a sub-item boundary, the Government may exclude non-work areas such as: rocky areas, wildlife areas, wet areas, streamside buffers, and other special areas. The Contracting Officer will designate non-work areas. Payment will not be made for non-work areas greater than one half acre in size.

g. Limited Operating Periods:

h. Location of areas needing special measures for protection of plants, animals and heritage resources are shown on individual unit maps and identified on the ground with various colors or other means. Specific flagging colors and postings will be identified at pre-work meeting.

i. If protection measures prove inadequate, and if other such areas are discovered, or if new species are listed or found during the term of the contract, the Contracting Officer may modify, (under clause 52.243-01 Alternate 1), 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.

GOVERNMENT FURNISHED PROPERTY

None.

CONTRACTOR FURNISHED EQUIPMENT

Any equipment, hand or mechanical, (i.e. chainsaws, etc.) necessary to complete the project. All power saws, brush cutters or any internal combustion engines shall have a Forest Service approved spark arrestor.

MOTORIZED EQUIPMENT

The equipment prime mover (skidding machine) shall have a rating of at least 120 horsepower and a width of no more than 135 inches. The skidding machine may be an articulated wheeled skidder or a tracked machine not to exceed a D-5 dozer or equivalent. The equipment shall create a minimum of ground disturbance.

EQUIPMENT CLEANING

The Contractor shall ensure that prior to moving on to the project area, all off-road equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off Road Equipment” includes all logging, construction machinery and brushing equipment (brush hogs, masticators, chippers) except log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

The Contractor shall notify the Forest Service at least 5 working days prior to moving each piece of equipment on to National Forest Land, unless otherwise agreed. Notification will include identifying the location of the equipment’s most recent operations. Unless the prior location of operation is known to be free of noxious weeds as documented in a Weed Risk Assessment, Forest Service may assume that the equipment is contaminated with noxious weed seeds. In general, because of the magnitude of the yellow star thistle infestation in northern and central California, equipment coming from off-forest sites will be considered contaminated and cleaning/washing will be required. Upon request of Forest Service, arrangements will be made for Forest Service to inspect each piece of equipment prior to it being placed in service.

The Contractor shall thoroughly clean all off-road equipment before entering the project areas. The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weed seeds. Equipment shall be considered clean when a visual inspection by the Contracting Officer Representative verifies that the equipment does not disclose soil, seed, plant material, and other such debris. Disassembly of equipment components or specialized inspection tools is not required. For subsequent moves between project areas, the Contractor shall be required to use water to wash down and thoroughly clean the equipment. Notification to the Contracting Officer and his representative at least 48 hrs prior to a move shall be required to initiate the scheduling of a water source for the wash down.

The Contracting Officer’s Representative (C.O.R.), Government Inspector or authorized Forest Service employee shall observe and inspect the wash down process to verity that off-road equipment is free of noxious weeds prior to each start-up of contract project item areas.

PUBLIC SAFETY

The Contractor shall provide and install large, easily read warning signs along the roads or access trails, warning the public or other visitors of the hazards of the machine during operations. These signs shall state that all persons shall remain at least 200 feet from the machine during operations and approach only by permission of the operator.

Contractor's operation shall facilitate Forest Services' safe and practical inspection of Contractor's operation and conduct of other official duties in the contract area.

Unless otherwise agreed in writing, when Contractor's operations are in progress adjacent to or on roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls which provide the forest user with adequate warning of hazardous conditions associated with Contractor's Operations. Contractor and Contracting Officer and/or his Representative (COR) shall agree to a specific traffic control plan for each individual contract work area prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flag persons and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highway" (MUTCD).

ORDER OF WORK

Operations shall progress in an orderly and systematic manner. Prior to the start and/or during the period of the contract, the Contracting Officer may specify a priority area to be done within project boundaries. The Contracting Officer may specify an order of work by item, area, unit, or sub-unit.

WORK AREAS

The maps in Section J. are intended to show only the general size and location of work areas and are not intended to be accurate as to shape and dimensions. The position of cultural and topographical features when shown may also be approximate.

Many of these work areas are adjacent to occupied private property. Access to work areas shall be designated in consultation with property owners, the Contracting Officer and the Contractor. Additional precautions may be necessary due to the close proximity of occupied private property.

Within the general work area, the Contracting Officer may exclude additional non-work areas which equal or exceed one-half (1/2) acre such as: rock areas, groups of trees, excessively steep slopes etc. Non-work areas will be strung, flagged, or otherwise designated by the Contracting Officer prior to work on that segment of the general work area. Such areas will be excluded from the contract by modification with an adjustment to the payment.

DEFINITIONS:

Areas to Protect – Areas designated or defined by Forest Service that must be avoided or protected due to resource or improvement concerns.

Basal Area – The number of square feet per acre of the standing timber.

Best Management Practice (BMP) - An alternative structural or nonstructural practice approved by the California Regional Water Quality Board for the effective manual erosion control and management of surface runoff. BMP's are described in Chapter 30 of the Forest Service Manual (the BMP Handbook).

Bole – The trunk or stem of a tree

Brush – A woody plant with no main stems. Species include manzanita, deer brush, buck brush, ceanothus, mountain mahogany and white thorn.

Bucking – Cutting the boles of the trees into specified lengths.

Buffered area – An area that shall be protected and/or has specific working guide lines, such as but not limited to drainages, meadows, and roads

Dominant or Co-dominant tree - Tree displaying greater height and diameter than its closest competitor

Conifer – A cone-bearing tree with needles or leaf scales. Species found in project area may include, pine, sugar pine, incense cedar, and white fir. Cones may or may not be present.

Contracting Officer (CO) – The person executing this contract on behalf of the Government, including any duly appointed successor, and authorized representative of the Contracting Officer acting within the limits of their authority.

Contracting Officer’s Representative (COR) – The COR is the onsite contract administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

Created Slash - Debris created from work during this contract, including all cut trees and brush, such as tops, trunks and branches.

Crop Tree - Trees to be left in the stand. Also referred to as a Leave Tree (see definition).

Crown – The part of the tree comprised of the branches, twigs and foliage, which carry on the majority of the photosynthesis. Live crown ratio is the percent of tree crown that supports live foliage effectively contributing to tree growth.

Crown Ratio – The ratio, expressed in percent, of live healthy crown to the total height of a tree. For example, a 70-foot tall tree with 21 vertical feet of healthy crown would have a crown ratio of 30%.

Cut Tree - Trees selected by the Contractor to be removed from the stand.

Damaged Trees (Created) – Any damage created by work under this contract. Includes debarking of the bole of a crop tree in excess of ¼ of the circumference or longer than 10 inches, causing the tree to tilt and damaging the root system. Root springing, or stripping and/or removing of branches resulting in less than 30% crown cover is also considered created damage.

DBH - Diameter Breast Height. The diameter of a tree measured 4.5 feet above the ground level on the uphill side of the tree.

Diameter at Stump Height (DSH) – The diameter measured at a point six (6) inches above the ground on the uphill side of the tree or stump.

Diameter at Breast Height (DBH) – The diameter of a tree measured at a point 4.5 feet above the ground on the uphill side of the tree.

Dominant Tree – Tree with crown extending above the general level of the stand canopy.

Downed Log – All or part of the trunk of a down tree greater than 35 cm (14 inches) in diameter and 3 meters (10 feet) long. Includes logs in all stages of decomposition.

Ephemeral Stream - Flows only during storms and may or may not have a well defined channel.

Excess Trees – Uncut trees that do not meet leave-tree specifications and should have been cut. Trees not severed from the stump, hangup trees, stumps with live limbs and stumps higher than specified are also considered tree excess.

Existing Logs - Down logs existing prior to work under this contract that may have been previously jackstrawed, criss-crossed, windrowed or piled.

Fine Fuels- Small diameter material, such as branches, with the needles or leaves still attached.

GIS – Geograpic Information System.

GPS – Global Positioning System

Hang-up Tree - Any cut tree suspended more than 18 inches off the ground.

Hardwood – A tree with broad leaves rather than needles. Species include, but are not limited to, black oak, live oak, alder, cottonwood, dogwood, big leaf maple, etc.

Hydrological or Topographic Depression - A depression or swell that is usually at or near the top of drainage.

Improvement – All roads, trails, ditches, land survey corners, telephone lines, power lines, water troughs, buildings and structures, recreational development sites, research plots, septic systems, water guzzlers and similar items which the Contractor must protect during operations.

Intermittent Stream - Flows only during wet periods (30-90% of the time) and flows in a continuous well defined channel. Seasonal flow in an intermittent stream usually lasts longer than 30 days per year.

Inspector – An individual who is designated in writing to have certain authorities and responsibilities for administration of a contract. Generally works for or with the designated COR.

Landings – A cleared area in the forest to which logs are yarded or skidded for loading onto trucks for transport.

Leave Tree – Any tree that is selected or required to be left standing as provided in the specifications. A leave tree is determined by both spacing and vigor of existing conifers. Hardwood species may also be selected as leave trees.

Limbing – Cutting off the limbs from the bole of a cut tree/down log.

Limb and Scatter - Cutting off the limbs from the bole of a cut tree/down log, and spreading the limbs, pieces, and boles throughout the treatment area to keep the level of slash at or below the specified level.

Limited Operating Period –A period of time in which operations are not allowed.

Material – Any substance specified for use in the performance of the work.

Missing Leave-trees – Those trees cut that should have been left to maintain leave tree or trees per acre specifications.

Non-work Areas – Within unit boundaries non-work areas may include, but are not limited to, archeological sites, sensitive plant sites, wildlife areas, wet areas, rocky areas, and other special areas that shall not be treated.

Normal Operating Season – That period in a typical year wherein an operator can reasonably expect to be able to operate.

Perennial Stream – Flows more than 90% of the time.

Residual Tree or Leave Tree – Tree(s) to be left standing and undamaged that comprise the stand following the Contractor’s operations. A leave tree is determined by both spacing and vigor of existing conifers and oaks.

Riparian Vegetation – Plant species typically associated with and found in wet drainages. They include, but are not limited to alder, willow, cottonwood, or maple in the over-story and sedges and rushes underneath.

Screening – A visual barrier between roads and the interior of the stands. Screening areas can be composed of standing live trees and brush, standing dead trees and brush that would be retained, cut banks, or other topography.

Sensitive Plants – Includes but is not limited to rare, threatened, endangered, or special emphasis species such as Clarkia australis, Clarkia biloba ssp. australis and Mimulus pulchellus.

Skid Trail – An access cut through the woods on which equipment operates to move logs from the stump to the landing or decking area.

Slash/Residue - All down material resulting from the thinning and release operation of this contract, including the stems, limbs, and tops of trees and brush.

Snag – A standing dead tree greater than 16’’ DBH and 20 ft tall.

Spacing – The horizontal distance from the bole of one leave tree to the bole of the nearest leave tree. (The same principle applies to slash piles)

Species mixture - A desired proportion of several tree species to be aimed for in the tree selection process

Thinning – The cutting of trees in excess of those to be left for future management.

Unit or Stand – Areas where contract work will be completed that are delineated on the Stand/Unit Map

Unit Boundary - The perimeter of the work unit as indicated by Forest Service markings at various points along an irregular perimeter. In some instances, the perimeter of the work unit will be defined by roads, drainages, uncut timber stands, natural barriers such as rocks, washouts, distances, drainages, past treatments, etc.. Some situations require the exercise of common sense, as it is only possible to mark points along the irregular line.

Windrow - Rows of pushed, pulled, or stacked brush, trees, and debris.

Work Area - An area of forest land where the Forest Service has designated an area to be worked such as a plantation of planted and/or "natural" conifers. These may be surrounded by various brush and herbaceous species that impede the growth of the conifers.

SALVAGABLE MATERIAL

If authorized, salvage material may be made available to the Contractor. Any such material shall become the property of the Contractor on a salvage rights basis and may be removed from the project provided project work is progressing as scheduled and removal is completed prior to the expiration of the contract time. Rights to any material not removed from the project prior to the expiration of contract time shall revert back to the Government.

NON-WORK AREAS / RESOURCE PROTECTION

Within the general project area, the Contracting Officer will exclude non-work areas such as: rocky areas, wildlife areas, non operable portions of terraces, noxious weeds and sensitive plant areas, streamside protection zones, meadows, and/or areas with a dense oak canopy, Cultural Resources Protection areas and other special areas such as excessively steep slopes. The Contracting Officer will designate non-work areas. Such areas exceeding 1/2 acre in size will be excluded from payment. The attached maps are intended to show only the general size and location of work areas and are not intended to be accurate as to shape and dimensions. The position of cultural and topographical features also may be approximate.

(a) Work areas have been strung, flagged, or otherwise designated on the ground.

(b) The Contractor shall not operate and shall not refuel within Stream Management Zones (SMZ). Stream management zone boundaries will be identified with blue and white polka-dot flagging, or otherwise designated prior to commencing unit treatment.

(c) Equipment shall not cross meadows, stream channels, and/or designated non-work areas except at locations designated by the Contracting Officer and/or his representative. Contractor shall maintain a 25’ buffer along meadows.

(d) Equipment shall not operate on areas steeper than 35%.

(e) Leave all undesignated snags over 16 inches in diameter and over 20 feet in height. These snags shall not be pushed over, damaged, or disturbed.

(f) Mechanical operations will be restricted to periods when surface soils in the operating area are drier than the "plastic limit", to a depth of 30 cm (12 inches). A test to determine the plastic limit can be measured by rolling soil with your hand on a flat surface that produces a wire of soil 1/8 inch in diameter. Equipment shall be operated only when soil moisture conditions prevents unacceptable compaction or soil displacement. Typically, soil moisture conditions are a concern between the months of November and April.

(g) Protection of Land Survey Monuments. The Contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees against avoidable destruction, obliteration, or damage during the Contractor's operations. Known corners are identified on the contract maps by black diamonds. It is the Contractor's responsibility to locate and protect them during operations.

If the Contractor causes damage as detailed in the above paragraph, the Contractor shall hire the appropriate registered land surveyor to establish or restore at the same location the monuments, corners, or accessories. Such surveyors shall use procedures in accordance with the "Bureau of Land Management Instructions for the Survey of the Public Lands of the United States" for the General Land Office surveys, and in accordance with the State law for others. The Contractor shall record such survey in the appropriate county records.

(h) Protection of Improvements. Contractor shall protect improvements from damage and shall be responsible for their timely restoration if damaged by Contractor's Operations. Improvements include but are not limited to; water tanks, fences, gates, pipeline, culverts, helispot, existing roads, water bars, underground fiber optic cable, stock driveways, power lines, established land corners, established hiking and motorcycle trails and all private property.

(i) Equipment shall not be walked between units on paved or chip-sealed roads. The walking of equipment between units shall be at the direction of the Contracting Officer and/or COR, to avoid the possibility of entering a Control Area and/or resource damage.

(j) Exit and entry of units shall be confined to within unit boundaries unless otherwise stated by the Contracting Officer and/or COR. Entry and exit points to the unit shall be chosen in a manner as to reduce resource damage and soil erosion.

(k) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on the project area, the Contractor shall take appropriate preventative measures to insure that any spill of oil or oil products does not enter the soil, any stream, or other waters.

If the total oil or oil storage exceeds 4996 liters (1320 gallons) or if any single container exceeds a capacity of 2498 liters (660 gallons), the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. The proposed plan is to be approved by the Contracting Officer. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a Registered Professional Engineer.

(l) Protection of Cultural Resources: Location 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. 431433), National Historic Preservation Act of 1966 (16 U.S.C. 470), and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) will be identified on the ground by the Forest Service. The Forest Service may unilaterally modify or cancel all or portions of this contract to protect an area, object of antiquity, artifact, or similar object which 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 or objects by either party shall be promptly reported to the other party.

The Contractor shall protect Controlled Areas (CA) shown on the Project Unit Maps, by AVOIDANCE, and shall protect all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during the Contractor's operations. The Contractor shall immediately notify the Contracting Officer and the COR if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Contracting Officer authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve the 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 skid trails approved by the Contracting Officer and/or his representative. The Contractor may be required to restore disturbed areas where the Contracting Officer has approved incursion.

All known Controlled Areas are identified on the project map and on the ground with flagging. The sites may be re-flagged immediately prior to operations.

(m) Protection of Sensitive Plant Populations. No known populations of sensitive plants occur within or adjacent to the designated units. The Contracting Officer Representative will designate any protected plants located within any of the units for protection. Elderberry bushes/tree shall not be damaged. To maintain stand diversity, trees and/or brush providing homes to wildlife shall not be damaged or disturbed.

(n) Control of Dust near Sensitive Areas. The Contracting Officer and/or his representative may require the Contractor to cease operations when the wind speed is such that dust from operations will blow into sensitive areas. Sensitive areas are those occupied by the public including developed campgrounds and residences. Periods of shut down will not count against the Contractor's time.

(o) The Contractor shall remove all trash from the work site.

(p) The Contractor shall be responsible for determining the location of buried utilities and preventing damage to them.

(q) Areas with an excessive amount of rock or rock outcrop areas on the soil shall be avoided. These areas will be designated by the Contracting Officer Representative.

(r) Heavy equipment shall not work or leave the boundaries of the work areas without written permission from the Contracting Officer. This is intended to avoid the possibility of damage to sensitive or protected sites outside the work boundaries. The "walking" of equipment cross-country between work units is not allowed without the written permission of the Contracting Officer.

TECHNICAL SPECIFICATIONS

A. Conduct of Operations. Unless otherwise specifically provided herein, Contractor shall fell all designated biomass and sawlog trees and remove all boles meeting contract specs to designated landings, prior to acceptance of project for completion of contract. Biomass material must be removed from the project area before project specifications are considered completed. The trees to be thinned will be designated with PINK paint above and below stump height.

1. Felling, Bucking, and Limbing. Felling shall be done to minimize breakage of thinned trees and damage to residual trees. Felling may utilize either conventional hand felling or mechanical felling with a feller/buncher machine. All hang up trees shall be treated within 24 hours of creation so that they are within 18 inches of the ground. The CO shall be notified of the location of any hang up trees the day of occurrence. Treated trees shall be removed as specified. If a leave tree is damaged during thinning operations, the CO must be promptly notified so that a replacement leave tree may be designated.

If bucking is performed within unit, bucking shall be done to permit removal of all minimum pieces set forth for sawlogs. Tops of trees may be lopped at 3 inches, scattered to within 18 inches of ground and the top left in the unit. All bole material 3 inches diameter at small end meeting minimum biomass specs must be removed to landing. Biomass trees shall have their tops lopped at 3 inch diameter unless they are whole tree yarded to landing. Created biomass material smaller than 3 inches in diameter may be removed during skidding.

When necessary to minimize damage to the residual stand during skidding, exposed limbs shall be cut from product prior to skidding. Such limbs may be left uncut that cannot be cut with reasonable safety.

2. Stump Height. The acceptable stump height after tree cutting is 6 inches for biomass trees and 12 inches for sawlog trees. All live limbs shall be removed below stump height.

3. Skidding. Skidding shall be done in such a manner as to minimize damage to the residual stand. Excessive damage to residual trees shall be considered noncompliance. Bundles of logs (or whole trees) shall be of a size as not to damage residual stand. Rub trees (trees previously marked for removal) shall be retained as needed to minimize damage to residual stand. Upon completion of skidding, rub trees shall be removed. Trees shall be yarded to landing no more than 2 days after felling.

4. Landings and Skid Trails. The location of all landings, tractor roads, and skid trails shall be flagged on-the-ground, and agreed upon prior to their construction. The cleared or excavated size of landing shall not exceed that needed for safe and efficient skidding and loading operations. Limbs and tops of whole tree yarded trees shall be removed as part of the biomass operation. Landing operations shall be conducted in a manner to minimize damage to residual trees. Following biomass removal, decked logs shall be spread out no more than two logs high prior to completion of contract.

5. Removal of Biomass. Removal of biomass from project area shall be done in such a manner that landing size is minimized. Material shall be removed in a timely manner so no more than 3 biomass loads are present at any one time. All biomass material must be removed from the project area before completion of contract.

6. Slash Disposal. Created slash shall be scattered to reduce slash concentrations with slash generally left within 18 inches of the ground. Created slash shall be bucked into 8 feet or less in length. Created slash shall be scattered into openings away from and without unnecessary damage to the residual trees. Created slash shall be scattered a minimum distance of 4 feet from the boles of residual trees. Created slash shall not be windrowed. All created slash in ephemerals, drainages, or other hydrological or topographic depressions shall be cleared from the channel. All created slash shall be cleared and pulled back from roadside ditches.

TRANSPORTATION:

The Contractor shall provide all transportation for self and employees.

INSPECTION AND ACCEPTANCE

Pursuant to the Inspection of Services clause, the Contractor shall establish an inspection system acceptable to the Government. The Contractor’s inspection system must be submitted and agreed upon by all parties at the pre-work conference. The primary purpose of the Contractor's inspection is for assurance of quality control. The Government may, however, accept the Contractor's inspection for unit acceptance either wholly or in part.

(a) The Contractor's inspection shall comply with the following:

1. Shall be systematic in application.

2. Shall yield an inspection of at least one percent of the area.

3. Shall be documented on a Contractor designed form.

4. Shall be timely in performance.

5. Shall address all the work specifications.

6. Shall show a method of determining quality attained.

7. Each unit shall be inspected separately and the results of one unit shall not be averaged with those of other units.

Plots will be located throughout the units so as to obtain a representative sample of the area.

(b) The Contractor’s inspection procedure shall address the following items:

Inspection Plot:

Item 1 Each plot shall be inspected and recorded as follows:

1. Thinning

2. Limbing and Slash

3. Damage to residual trees (less than 5% of trees)

5. Sawlogs All sawlogs decked in landing no more than two logs high following removal of biomass material

If the Contractor's inspections show less than 90% compliance for an item, the Contractor shall rework the area until it meets contract specifications.

GOVERNMENT INSPECTIONS

If the results of the Contractor's inspections cannot be verified by Government inspections, the Government may elect to conduct all subsequent inspections. If the Government does assume the burden of the Contractor's inspections, there shall be an inspection charge of $10.00 per acre.

FINAL INSPECTIONS

Final inspections for payment will be made on completed units only. Contractor shall request final inspections in writing and provide the Government with the Contractor's inspections results.

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

FAILURE TO COMPLY WITH THE SPECIFICATIONS

Failure to comply with the specifications will require rework of the area at Contractor's expense. If the quality of future work is not improved to meet specifications within two consecutive work days after Contractor's receipt of notice, the Contractor's right to proceed may be terminated. Failure of the Contractor to correct unsatisfactory conditions or continued failure to follow contract specifications will be considered non-compliance with terms of the contract and may be considered grounds for contract termination.

When inspection results indicate that any of the services performed by the Contractor do not conform to the contract requirements, full payment will not be made until the deficiency has been corrected by reworking the unit. After rework, the same inspection procedure will be used but new plots will be selected. The inspection pattern will be shifted, but new plots or portions of these may possibly overlap previously inspected plots.

DISPUTED INSPECTION

This clause applies when the Contractor requests a re-inspection and no rework has been done.

When formal inspection by the Government is accomplished through sampling (e.g., 1/40th acre plots), the Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request.

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

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

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

REINSPECTION AFTER REWORK

This clause applies when unacceptable work has been performed and rework has been done by the Contractor.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary.

ACCEPTANCE

Work will be deemed acceptable when the quality of work is 90 percent or above as calculated in each of the components listed for the inspection procedures for Items 1a and 1b. Reworks will be allowed to bring each of these components to passing levels.

The Contracting Officer may accept a unit based on the results of the Contractor’s inspection, providing observations during the informal visits conforms to the Contractor's inspection results. However, the Government may perform supplementary or complete inspections. Government inspections will conform to the same criteria as those specified for Contractor's inspection. If Government inspections are performed, the Government inspections will take precedence and will be used for acceptance or non-acceptance of the work.

Each payment unit will be inspected separately and inspection results will not be averaged with those of other payment units.

DELIVERIES OR PERFORMANCE

CONTRACT TIME

1 June 1, 2010 30

Contract time shall begin on the date stipulated on the Notice to Proceed, or 3 calendar days after the Notice to Proceed is mailed, whichever is later. Work shall progress at a rate, which insures job completion within the calendar time specified above.

Treatments of stands between November 1 and April 15 will only be permitted when weather is favorable, soil and road conditions are suitable for equipment use. Treatments within stands vegetated with pine species will not be permitted between November 1 and April 15 unless agreed in writing with the Contracting Officer. [Refer to paragraph C.5 (b) and (c)]

Sunday work will not be permitted unless mutually agreed upon by the Contracting Officer and the Contractor.

Daily starting and ending times will be mutually agreed upon by the Contracting Officer and/or his Representative, and the Contractor [Refer to C.5 (e)]

WINTER SHUTDOWN

When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such winter weather has passed and work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SCHEDULES

The Contractor shall provide to the Contracting Officer, for approval, a practicable work schedule at the pre work conference. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of payments until the Contractor submits the required schedule.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, and days of work. The Contractor is required to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

METHOD OF MEASUREMENT

(a) Acreage shown in this contract is estimated. Acreage for completed units will be determined by using one of the following methods; GPS, a laser mapper and field data recorder or compass and chain. Acreage results for laser mapper and chain methods are accurate within a 2% error of closure. GPS acreages will meet the Washington Office GPS mapping standards (copy available upon request).

(b) Any contiguous nonwork areas exceeding ½ acre (.020 hectare) in size shall be excluded from payment.

(c) Partially completed units shall not be GPS mapped unless agreed upon by the Contracting Officer.

ACREAGE RE-MEASUREMENT

(a) Re-measurement of the acreage under this contract will be made upon the written request of the Contractor. Request for re-measurement must be made in writing within l0 days after the work and/or the mapping has been completed on an individual unit.

(b) Re-measurement will be made along the boundaries using the same criteria and method as specified above.

(c) If re-measurement indicates an acreage difference of no more than 5 percent from the original acreage measurement, the Contractor shall pay for the actual cost of the re-measurement. Where the difference is less than 5 percent the results of the first measurement will be used. Payment will be based on the second measurement where the difference is more than 5 percent. No adjustment will be made for differences of 1 acre or less.