Sol_AG-9AB5-S-16-0032.pdf

Eastfork Herbicide Application

AG-9AB5-S-16-0032

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

2016 High Sierra RD Hand Herbicide Application

Sierra National Forest

Furnish all equipment, labor, supplies, supervision, transportation, and incidentals necessary to perform herbicide application services for brush release and brush and noxious weed control in accordance with the specifications, terms, and conditions contained within.

UNITS. SUPPLIES OR SERVICES EST.

QTY

UNIT

UNIT

PRICE

TOTAL

PRICE

High Sierra Ranger District. Work areas are in Fresno County

Item #1. Eastfork Vegetation Control 223.4 Acre

TOTAL >>>>>>>>>>>>>>>>>>>>>>>>>>>> $

OFFERORS SHALL COMPLETE THE FOLLOWING:

I have [ ], have not [ ], inspected the work areas.

NOTE: BIDDER IS REQUIRED TO SUBMIT, WITH THE COST PROPOSAL, THE NAME OF THE

LICENSED BROWN-CARD AND SILVER CARD HOLDERS AND SUPERVISOR THAT POSSESS

ORAL AND WRITTEN COMMAND OF THE ENGLISH LANGUAGE THAT YOU WILL USE ON THIS

CONTRACT. SEE PARAGRAPHS “C.12” AND “M.3” FOR DETAILS.

To visit the project site contact Tim Veach (COR) (559) 855-5355 Ext-3323

C - SECTION C - Description/Specifications/Statement of Work

Herbicide Hand Application Using Back Pack Sprayers for Site Preparation, Seedling Release and Fuels Reduction

C.1 GENERAL SPECIFICATIONS

Scope of Contract:

It is the purpose of this contract to secure services for hand application of glyphosate herbicide solution. The contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished) and incidentals, to perform all work necessary to control target species. The amount of active ingredient required varies by the item as listed and outlined in the Schedule of Items. All items involve specific spray to wet applications of the glyphosate herbicide solution to target plants and avoidance of herbicide application to non-target species.

The Contract Performance Period will be determined when the target plant development, site conditions, site accessability and weather conditions are suitable.

The treatment units are at different elevations and work may need to be suspended between elevational zones if conditions are not suitable. Work would continue when the target species in the higher elevation sites are ready for treatment. The Contracting Officer will monitor the situation in all areas and inform the Contractor.

C.2 DESCRIPTION OF WORK AREAS

A. Location and Directions:

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

High Sierra Ranger District – Fresno County Item 1: Eastfork Units:

These units were treated by mastication in 2015 to reduce competing vegetation bulk and excess conifer stocking. The purpose of this treatment is to apply herbicide to sprouting brush species to reduce fire risk and competion for resources. Natural and planted trees will be protected by directional application techniques. All identified competing brush species throughout each unit will be treated with herbicide according to directions. Grasses and forbes are not intended to be target species in these units. Contractor shall observe prescribed protection methods near meadows and stream courses.

The Eastfork units are approximately 70 miles from Fresno, via State Highway 168 to the town of Shaver Lake. Take Dinkey Creek Road for about 13 miles to McKinley Grove Road. Turn right on McKinley Grove Road and continue for about 8 miles to the Brush Meadow entrance of forest road 10S13. Turn left and follow this road to forest road 10S23. Turn right and continue to the east side of Snow Corral Meadow.

The first unit is located about ½ mile past the creek crossing. For the remaining units, return to McKinley Grove Road and travel south about 3 miles to forest road 10S20 located near House Meadow. Turn left on 10S20 and follow the main road for about 2.5 miles. The first of the remaining units of this project are located starting at the intersection of 10S20/1020B. (T10S, R27E, Sec’s 28-32 ).

C.3 GOVERNMENT-FURNISHED PROPERTY

The Government will deliver to the Contractor the following listed materials, supplies, property or services (hereinafter referred to as "Government-furnished property"):

A. A site-specific spill plan.

B. County Pesticide Permit with unit identifiers

C. Unit maps.

C.4 CONTRACTOR-FURNISHED PROPERTY

Item #1: The Contractor will furnish the herbicide and materials as listed below. It is estimated that it will take 10 to 30 gallons of a glyphosate herbicide solution per acre that contains 16 pounds of (A.I.) per 100 gallons water solution to treat one acre when “spraying to wet”.

Product amounts required to make 100 gal. of a glyphosate herbicide solution that contains 16 pounds of the active ingredient (A.I.) in the form of its isopropylamine salt per 100 gallons water solution

Glyphosate A.I. 16 pounds of the active ingredient (A.I.)

Becker Underwood colorfast purple 1 quart Wilber Ellis R-11 4 quarts Clean Water from a potable source sufficient for 100 gallons of herbicide solution

C.5 EQUIPMENT REQUIREMENTS

Backpack sprayers with a built in pressure regulator such as a Solo 475 or equivalent.

The sprayer is to be equipped with a boom with one Spraying Systems XR 8005 VS or equivalent nozzle.

Each nozzle is to be equipped with a check strainer such as a Spraying Systems 10 PSI check valve and 50 mesh strainer #4193A-10-50.

Each worker shall be equipped with the same configuration of spray wand, nozzle and check valves and strainers.

A stainless steel or plastic batch tank equipped with a constant agitator.

A clean water tank with a back flow prevention device. The water tank and all related equipment must be clean and free of dirt or pesticide residue.

Plastic produce bags to protect non-target species less than two feet tall.

Shields for protecting non-target species from herbicide mixture. The shields shall be used on non-target species that are too big to protect with the plastic produce bags.

Locked storage area for herbicide and containers. Spill kit containing a minimum of 25 pounds of absorbent material such as kitty litter, two 30 gallon plastic trash cans, 4 mil. polyethylene garbage bags with ties, and 2 shovels. The contractor shall have a spill kit in each vehicle transporting herbicide.

C.6 CALIBRATION AND EQUIPMENT CHECK

Prior to and during work, the Contracting Officer (CO) or the Contracting Officer Representitive (COR) reserves the right to inspect, test, calibrate, and approve equipment. For example, the CO or COR may check for cracked hoses, leaks, malfunctioning pressure regulators, and or worn nozzles. During this inspection the CO or COR will make sure that the pressure regulators in the backpack sprayers are set to 30 pounds per square inch (the number 2 indicator inside the Solo brand backpack tank), that the check valves stop the flow at between five and ten pounds of pressure, and that the nozzle flow is within 15% of the manufacturer specified flow of a new nozzle.

Prior to and during work the CO or COR reserves the right to test and inspect the herbicide concentrate and mixture.

C.7 PRIORITY OF WORK

The Contracting Officer may specify an order of work by item and sub-item within an item.

C.8 SUPERVISION

Before work starts the Contractor shall designate, in writing, a person to act for him during his absence from the work site. The Contractor shall list the extent of authority his representative will have on the job. The Contractor or his authorized representative shall be on site whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, his authorized representative shall coordinate with the COR and shall take such action as is required to keep the job in progress under the terms of the contract. The Contractor and his representative(s) shall have oral and written command of the English language.

The Contractor shall direct and control the crew so that the unit is sprayed systematically insuring complete coverage, and if required, according to the free hand drawing of the unit approved by the CO or COR.

The Contractor shall be responsible for training his employees in the proper techniques to be used during application of herbicides and safety procedures to be followed when handling herbicides. The contractor must meet all State of California standards regarding employee training and safety.

C.9 DEFINITIONS

1. Triple Rinse: The procedure for cleaning empty containers in preparation for disposal.

The containers are to be rinsed and drained at the time of use. Empty herbicide containers are to be rinsed at least three times using the following rinsing technique. 1) Drain the container into the tank allowing the container to drain for thirty seconds after the container appears to be empty. 2) Add the correct amount of rinse (clean water). If the container is less than five gallons add an amount of rinse (water) equal to 1/4 of the containers volume. If the container is five gallons or more add 1/5 the volume. 3) Reseal the container and rotate the container end over end so that the rinse flows over every surface in the container. Empty into the tank, again leave the container draining over the tank for thirty seconds after the container appears to have been emptied. This procedure is to be repeated a minimum of three times.

2. Wash Down: Spraying the contaminated non target seedling and or vegetation to run-off with the wash down solution from a Solo Back Pack Sprayer or equivalent, that is clean and free of chemical / pesticide residue.

3. Wash Down Solution: A .25 % R-11 solution used to rinse herbicide from plants that are not to be sprayed.

4. Batch Tank: A mixing tank with a constant agitator that can be moved and operated separately from the clean water tank; for example, mounted on a separate vehicle from the clean water tank, or mounted on a trailer.

5. Clean Water Tank: A tank that contains water for mixing and washdown. It must be free of all pesticide residue.

6. Herbicide: The concentrate before mixing occurs

7. Herbicide solution: The mixture of herbicide concentrate, water, surfactant, and dye.

8. Pay by the Gallon: Contractor bids on the price per gallon of glyphosate herbicide solution (with 8 pounds AI per 100 gallons of water) that is sprayed on Yellow Star Thistle populations scattered around the project area.

9. Protective Shield: A device used to protect non-target species that are greater than 2 feet in height, from herbicide application damage. Each applicator shall have access to a portable protective sheild. The protective shield shall have a surface capable of protecting a minimum of 1/3 the circumference of the non-target plant. Protective shields with less than 8 sq. ft. surface area are unacceptable.

10. Glyphosate Herbicide: The concentrate before mixing occurs containing the active ingredient (A.I.) Glyphosate in the form of its isopropylamine salt. All products must be registered in the State of California for forestry use. The product shall not contain a surfactant. Examples are, some products contain 41% glyphosate and have 4 pounds of A.I. per gallon. Another product, Accord Concentrate, contains 54.8 % glyphosate or 5.4 pounds of A.I. per gallon.

11. Spray to wet: Apply the herbicide solution until the foliage appears wet. Stop applying before the herbicide starts to run off the foliage.

12. Spray to run-off: Apply the herbicide solution until the herbicide starts to actually flow off the foliage.

13. Target Vegetation: Vegetation to be sprayed with the herbicide solution.

14. Non Target Vegetation: Vegetation that shall not be sprayed with the herbicide solution, including but not limited to, blue elderberry, carpenteria, golden annual lupine,black oak, conifer seedling and leave tree.

15. Leave Tree: a dominant tree other than lodgepole pine or gray pine that is noticeably taller, more vigorous, having a fuller crown, and bearing fewer signs of physical damage or disease than adjacent trees. Crop trees includes planted and natural seedlings.

16. Excess Trees: A tree or trees that lies within the dominant leave tree spacing requirements.

C.10 CAMPING

There will not be any camping allowed on National Forest Lands under this contract.

C.11 WATER SOURCE

The Contractor shall use only Government designated water sources, as directed by the C.O.R.

C.12 LICENSING AND SAFETY REQUIREMENTS

The Contractor shall have a current State of California Agriculture Pest Control Operator License, prior to award of the contract. The Contractor shall register their State License with the appropriate County Agriculture Commissioner prior to the beginning of work. The contractor is also required to have a person with a Qualified Applicator License (a "brown card" with the forest category) on site whenever work is in progress. The Contractor is responsible for meeting all State and County requirements regarding permits, reports and record keeping. The contractor shall, upon request, make available to the Contracting Officer a copy of any of these.

The Contractor shall comply with the State of California Safety Orders found under the California Administrative Code. For further information regarding licensing requirements contact California Food & Agricultural Dept., Department of Pesticide Regulation/Licensing Registration Branch at (916) 324-4100.

C.13 WORK AREA

Within the general project area, the CO or COR will exclude non-work areas such as: rocky areas, groups of trees, draws and streamside management areas. Such areas exceeding one half 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 demension. The location of cultural and topographic features also may be approximate.

C.14 TECHNICAL SPECIFICATIONS

Work Methods

A. The Contractor shall apply the herbicide mixture in a workmanlike and systematic manner to assure the area is completely covered. All the vegetation in the units shall be sprayed except for non-target species. The contractor shall recon each unit before beginning work so that they can organize the crew and plan a systematic procedure for completing the unit without missing any areas. The CO or COR may specify that a free hand drawing of the unit be prepared from the recon showing the area to be sprayed, principle terrain features such as drainages and ridges, and the systematic procedure or pattern of spraying for approval. The Contractor shall apply the herbicide mixture according to the approved drawing. The CO or COR may identify a vegetation buffer that is not to be treated where the unit parrallels roadways in some specific areas.

B. The application rate shall be uniform. Spray to wet the target vegetation, but not to run-off.

All surfaces of the vegetation are to be sprayed including the interior of dense brush species.

Included in this contract are several photographs which illustrate what a properly sprayed manzanita bush and properly sprayed live oak look like. These are included to help the contractor and will be used by the inspectors to determine if the contractor is applying the proper amount of herbicide.

C. The nozzle tips are to be carried 18 inches above the vegetation while spraying. Each swath shall overlap thirty percent with the adjacent swath (approximately six inches). Applicators shall momentarily suspend spraying during peak wind gusts over 5 M.P.H. to avoid unintended damage to non-target plants due to drift of the mixed herbicide spray.

D. The Contractor shall maintain the equipment in good operating condition insuring the appropriate flow rate and nozzle pressure.

E. Protection of non target species.

Item 1: Eastfork Units:

Description:

These units were treated by mastication in 2015 to reduce competing vegetation bulk and excess conifer stocking. Target plants for treatment are the competing brush species that will be identified by unit. The planted and or natural conifers, some oaks, and Elderberry, whether planted or growing naturally, are not target species and will be protected from the herbicide spraying application in one of the following ways.

(a) Contractor shall use care with directional spray application techniques to avoid treating non-target plants. This will be the primary application method.

(b) In dense populations of small conifer seedlings, protective plastic bags shall be applied only to the dominant individuals that meet spacing guidelines. Refer to Item #1(a) for protection specifications.

F. Non-Target application mitigation. In case a non-target plant is accidentally sprayed, the contractor shall provide a worker or workers equipped with a back pack sprayer containing the washdown solution. Non target plants that have any herbicide solution on them shall immediately be sprayed to run- off with the washdown solution/rinse. (C.9.3).

The contractor shall supply enough workers equipped to spray the washdown/rinse solution (not plain water). This could take one washdown/rinser for every 5 or 6 herbicide sprayers depending on the terrain. Contractor shall assign adequate workers to assure washdown treatment is performed within than (5) five minutes.

G. A non target plant that is sprayed with the herbicide solution and not washed off promptly will be considered a damaged plant if there is herbicide solution on more than twenty percent of the non target plants live crown or if there is any herbicide or mechanical damage (caused by the spray operations or protective covers) to the terminal bud and or bole.

H. Damage to more than five (5) percent of the non target - protected vegetation is not acceptable. The contractor will be liable for this excessive damage as explained in the payment specification.

I. Application of the herbicide solution may be discontinued if the following critical weather conditions exist

a. Precipitation is occurring or is predicted with a seventy percent certainty within the next 6 hours. Herbicide application shall not commence for at least 24 hours after a rain event to allow drying time for vegetation. Contracting Officer shall notify Contractor when conditions are suitable for application.

b. Average wind speed is greater than 5 miles per hour as measured by a weather instrument such as a Kestrel or equivalent wind gauge, or when gusts of greater than 7 miles per hour are experienced.

c. Air temperature exceeds the herbicide label requirements.

d. Temperatures are cold enough to freeze the herbicide mix in the nozzles.

J. The Contractor is responsible for washing and cleaning all equipment at the end of each work day. The exact location for cleanup shall be within a treatment area and will be approved by the CO or COR.

The contractor shall use a soft material bristle brush to clean the nozzles. Wire shall not be used.

Under no circumstances shall sprayers, containers, clothing, personnel or other contaminated materials be washed in any stream, lake, or reservior.

C.15 MIXING THE HERBICIDE SOLUTION

A. Contractor shall follow all label instructions and safety requirements.

B. All chemicals used in this contract shall be provided in sealed containers daily. The CO or COR shall be present whenever a sealed container is opened. For container management, once the container is planned to be opened, the Contractor will record with a permanent maker on the side of the container, the assigned sequentially number.

C. Mixing of the herbicide solution shall be done only at designated locations.The CO or COR shall be present at all times when the herbicide solution is being prepared and mixed.

D. Mixing instructions:

Item 1. Eastfork The contractor shall make a glyphosate herbicide solution that contains 16 pounds of the active ingredient (A.I.) glyphosate in the form of its isopropylamine salt per 100 gallons in water. This solution shall also contain the correct concentrations of the specified dyes and surfactants (1% R-11). For example if one hundred gallons of herbicide solution are going to be made it would require 16 pounds of active ingredient (A.I.), 32 ounces of the dye, one gallon of the surfactant and enough water to make a total of 100 gallons of herbicide solution.

The process for mixing the solution is as follows:

a. Put in the tank an amount of water equal to one half of the total amount of solution to be made. For example if 100 gallons of solution are to be made, put

50 gallons in the tank.

b. Add the appropriate amount of herbicide A.I. concentrate and surfactant and begin agitation.

c. Add water till the solution volume is nearly reached.

d. Add the dye and enough water to reach the total volume of solution.

C.16 STORING AND TRANSPORTING HERBICIDES

All unattended herbicide concentrate and empty herbicide containers shall be stored in a secure (locked) facility. The herbicide shall be stored in its original container only.

All herbicide containers shall be sequentially numbered with indelible ink before work begins.

The Contractor shall work with the CO and or COR to minimize the amount of solution moved between units.

All equipment carrying herbicides will follow designated routes to and from the work sites.

C.17 DISPOSAL OF CONTAINERS AND OTHER MATERIAL

CONTAMINATED WITH HERBICIDE

The Contractor shall dispose of the containers in the following manner:

a. All herbicide containers shall be triple rinsed with clean water at the work site.

The rinse water shall be disposed of by placing it in the batch tank.

b. Used containers shall be punctured on the top and bottom to render them unusable.

c. A log of the containers containing how they were rinsed and where they were disposed of shall be maintained. The log shall be made available to the CO or COR upon request.

d. Containers can be disposed of after triple rinsing.

e. Fresno County offers a pesticide container recycling service. They will accept metal and plastic containers that have been triple rinsed. The containers can be delivered to the American Avenue County Disposal Site on the second Wednesday of each month. If the contractor is going to make use of this service the government will waive the requirement to puncture the containers.

The Contractor shall dispose of other material contaminated with herbicide such as plastic produce bags and clothing according to the applicable regulations of the State of California.

C.18 HERBICIDE SPILLS

If a spill occurs, the contractor shall:

a. Take action immediately to contain the spill.

b. Notify the Contracting Officer's Representative (COR) on site. If this person is not available call Sierra National Forest Dispatcher in Clovis at (559) 291-1877 as soon as possible.

c. Follow the direction of the CO and or COR during the spill clean up.

d. The contractor shall be liable for all costs of damages, clean-up, and decontamination.

C.19 CLEANING OF EQUIPMENT

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 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 thoroughly clean all off-road equipment before entering project areas. The contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free noxious weed seeds. Equipment shall be considered clean when a visual inspection does not disclose soil, seed, plant material, and other such debris. The disassembly of equipment components or specialized inspection tools are not required.

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 for the last 30 days. Unless the prior location of operation is known to be free of noxious weeds as documented in a Weed Risk Assessment, the 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 California, equipment coming from off-forest sites will be considered contaminated and cleaning/washing will be required. Upon request of the Forest Service, arrangements will be made for Forest

Service to inspect each piece of equipment prior to it being placed in service. If the Contractor is working in a Forest Service project area that is known to be infested by noxious weeds, the contractor must clean off-road equipment prior to moving equipment into another Forest Service unit that is not infested with noxious weeds.

A current list of noxious weeds of concern to the Sierra National Forest is available at the Ranger District Offices or from the Forest Botanist located at the North Fork Office.

TABLE 1:

High Sierra Ranger District 2016 Herbicide Contract

ITEM NUMBER ACRES LBS AI /

100 GAL

TWNSHP

/RANGE

/SEC

ENTRY#/ APPL.

METHOD

PREP

METHOD

BAG TREES

ITEM #1 Eastfork PID 510 19.8 16 T10S,R27E,S29 Spot Appl./Broadcast MT NO PID 545 60.0 16 T10S,R27E,S28 Spot Appl./Broadcast MT NO PID 561 14.8 16 T10S,R27E,S28 Spot Appl./Broadcast MT NO PID 576 17.7 16 T10S,R27E,S30 Spot Appl./Broadcast MT NO PID 577 27.4 16 T10S,R27E,S28 Spot Appl./Broadcast MT NO PID 600 31.1 16 T10S,R27E,S32 Spot Appl./Broadcast MT NO PID 613 8.5 16 T10S,R27E,S32 Spot Appl./Broadcast MT NO PID 624 17.2 16 T10S,R27E,S32 Spot Appl./Broadcast MT NO

PID 1009 26.9 16 T10S,R27E,S32 Spot Appl./Broadcast MT NO

ITEM TOTAL 223.4

MT = Mech Thin

D - SECTION D - Packaging and Marking

For this contract, there are no clauses in Section D

E - SECTION E - Inspection and Acceptance

E.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

E.2 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.3 GOVERNMENT INSPECTION

The CO and/or COR will inspect the work to determine compliance and to provide the basis for computing the rate of payment. The inspections will include observing the work in progress and a systematic sampling of the work with a series of plots. Each unit will be inspected seperately and the results will not be averaged between units. Determination of the acceptability of the work will be based on these inspections, which will be considered conclusive except as otherwise provided in this contract. The Contractor is encouraged to observe the inspections. When inspections indicate that the Application Quality is less than 90% or the damaged plant percentage is greater than 5% the contractor will be notified in writing. The contractor shall correct the problems in one working day. Failure to do so may result in action under Clause "52.249-08 Default (fixed priced Supply and Services )" in Section I.

E.4. SYSTEMATIC SAMPLE

The CO and/or the COR will make a systematic inspection. A one percent sample will be taken using 1/1000 th acre plots. The plots will be marked and recorded on the inspection forms.

The plots will be used to determine the percentage of the area that has been correctly treated.

Each plot will be divided into four quadrants. The coverage in each quadrant will be measured by observing the presence of the indicator dyes used in the herbicide solution. The coverage will be compared to the photos of properly treated vegetation contained in this contract. A quadrant will be judged adequate if eighty percent of it has been treated.

To determine the percent satisfactory coverage, the number of acceptable quadrants will be divided by the total number of quadrants examined, then multiplied by 100 to give a percentage.

For example, if a total of 30 plots were examined (120 quadrants), and 112 quadrants received acceptable coverage the Application Quality would equal 93%.

Application Quality = 112/120 x 100 = 93%

The plots will also be used to calculate the number of non-target plants that have been damaged.

In each plot the total number of non target plants and the number of damaged non-target plants will be tallied. The percent of non target damage is calculated by dividing the total number of damaged plants by the total number of plants sampled and multiplying by one hundred. If this is greater than five percent the actual number of damaged plants in excess of the five percent allowed is calculated by multiplying the percent in excess times the total number of trees per acre in the unit (calculated from the plots). This number is multiplied by the total number of acres in the unit. This gives the actual number of damaged plants in the unit for which the contractor will be penalized.

Example: 10 damaged plants, 150 plants inspected 250 plants per acre, 30 acre payment unit.

10/150 = 6.67% (percent damage)

6.67 - 5.00 = 1.67% (excess damage)

1.67 x 250 x 30 = 125.25 damaged plants

125.25 damaged plants x $10.00/tree = $1,252.50Daily inspection results will be made available to the Contractor upon request.

E.5 PAYMENT

Payments, less deduction for damaged seedlings or other Government-furnished property, will be made for completed items of work at the item contract price whenever the quality of herbicide application is 90 percent or above based on inspections as outlined in Section E. Where the inspection determines herbicide application quality is below 90 percent, the work will be paid at the actual percentage rate. Damage to more than five percent of the non-target plants is unacceptable. The contractor will be charged five ($5.00) dollars per damaged plant in excess of the five percent allowed

F - SECTION F - Deliveries or Performance

F.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far

52.242-15 Stop-Work Order. (AUG 1989)

F.2 CONTRACT TIME

Item Estimated Start Date Calendar Days

1 June 6, 2016 18 days

Performance start time is dependent on the seasonal growth stages of target species. Due to growth conditions of the target species, the contractor may be required to begin work on more than one item at a time. Due to the elevation difference between items, the Contractor may expect a significant delay in completing all contract items.

F. 3 FAR 211-18 Variation In Estimated Quanity (APRIL 1984)

If the quanitity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party.

The equitable adjustment shall be based upon any increase or decrease in the costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause and increase in the time necessary for completion, the Contractor may request in writing, an extention of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

F. 4 FAR 52.242-17 Government Delay Of Work (APR 84)

(a) If the performance of all or any part of the work of this contract is delayed or interruped (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under the clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract

G - SECTION G - Contract Administration Data

G. 1 PAYMENT

Payments, less deduction for damage, will be made for completed items of work at the item contract price whenever the quality of herbicide application is 90 percent or above based on inspections as outlined in Section E. Where the inspection determines herbicide application quality is below 90 percent and cannot be corrected by rework, the work will be paid at the actual percentage rate.

Damage to more than five percent of the non target plants is unacceptable. The contractor will be charged $5.00 per damaged plant in excess of the five percent allowed. A deduction from payment will be made according to the following example. The following constitutes unacceptable damage.

1. Any herbicide mixture on the terminal leader or on more than 5% of the green crown.

2. Any physical damage to the terminal bud or leader or to more than 25% of the crown.

3. Any damage to the bole or stem of the tree.

The number of damaged Left trees will be calculated as follows:

Left tree damage is calculated by dividing the total number of damaged Left trees identified in the plots by the total number of Left trees examined in the plots. If this number is greater than 5% the percentage in excess of 5% will be multiplied by the total Left trees per acre and the total acres to calculate the total number of damage seedlings in excess of the allowed 5%. This number will then be multiplied by $5.00 per Left tree to determine the total deduction.

Example:

Plots reveal 10 damaged Left trees in 150 Left trees examined. There are 250 Left trees per acre in the 30 acre unit.

10 damaged Left trees /150 examined Left trees = 6.67% damaged Left trees 6.67%-5% = 1.67% excess damage

1.67% x 250 Left trees /acre x 30 acres = 125.25 damaged Left trees x $10.00/ Left trees = $1,252.50 total deduction

G.2 RE-MEASUREMENT

The Contractor may request re-measurement of any project area if he believes the stated acreage is incorrect. The request must be made in writing. Re-measurement will be within the established boundaries.

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

If re-measurement indicates a variance greater than five (5) percent, payment will be based on the re-measured acre and the Government will pay for re-measurement.

H - SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

H.1 MINIMUM WAGES

Wage Determination #1977-0727(Rev 49) dated 12/29/2015, is currently in effect for these services and is included as an attachment.

H.2 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The Conference will be attended by the Contracting Officer, the Contractor, the Contracting Officer’s Representative (COR), and Forest Service representatives who may be involved in the administration of the contract. The Conference may be conducted by telephone.The meeting will be held by the Contracting Officer to discuss the resulting contract in detail.

H.3 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

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

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

H.4 CAMPING

Camping is not permitted in U.S. Forest Service campgrounds. The Contractor [ ] will, [x] will not be permitted to camp elsewhere in U.S. Forest Service land, subject to the terms of a permit issued by the Contracting Officer and/or the District Ranger. Camping on Forest Service land is not a right. Permission to camp may be revoked for failure to comply with the terms of the permit.

H.5 ARCHAEOLOGICAL OR HISTORICAL SITES (FSAR452.236-73)(FEB 1988)

Sites of historical significance will be strung, flagged or otherwise identified for avoidance.

Contractor’s activity shall not be allowed within areas designated by blue/black stripe flagging combined with white flagging. Considerable fines may be imposed for disturbance of these areas.

The Contracting Officer will notify Contractor of cultural site locations prior to performance of services.

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general are of the site(s) and notify the Contracting Officer immediately.

H.6 FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual;

(3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.7 FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers.

"Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly.

At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104.

Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105.

All drivers must have a current, valid State drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

H.8 FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801- 1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H.9 4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.10 FIRE PLAN

Usage of the Fire Plan is mandatory. See the attached Fire Plan.

I - SECTION I - Contract Clauses

I.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same…