Amendment1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 48

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Amendment 1 03/09/2017

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

USDA Forest Service Southern California Service Area 1600 Tollhouse Road Clovis, CA 93611

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

AG-9AB5-S-17-0019

9B. DATED (SEE ITEM 11)

02/14/2017

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning _1__ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return Original copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Planting, Sierra and Sequoia National Forests is amended as follows:

1. Replace solicitation pages 3 through 46 with the attached pages 2 through 48. Changes are in red.

2. Attachments 7 through 11 are added and will be incorporated into the resulting contract.

3. The bid due date has been extended to March 17, 2017 by 1:00 p.m.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

MARY CANTRELL, Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

AG-9AB5-S-17-0019, Amendment 1 2017 Planting, Sierra National Forest

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICE/COST

TREE PLANTING SERVICE

BASS LAKE& HIGH SIERRA RANGER DISTRICTS, SIERRA NATIONAL FOREST

HUME & WESTERN DIVIDE RANGER DISTRICTS, SEQUOIA NAT’L FOREST

Item # Supplies or Services Estimated Quantity Unit Unit price Total

1. Hoedad planting 68,000 trees $________ $________

2 Auger planting Soaproot 126,000 trees $________ $________

3. Hoedad/Bar Planting (14x14) Hume 40,000 trees $________ $________

4. Planting - Western Divide 30,000 trees $ $________

TOTAL BASE ITEMS $______________

Option Items

1. Auger planting Aspen 110,000 trees $________ $_______

2. Manual Release Aspen 232 acres $________ $_______

3. Manual release Soaproot 285 acres $________ $_______

TOTAL OPTION ITEMS $____________

GRAND TOTAL – ALL ITEMS $____________

Contractor shall furnish all equipment, labor, supplies, supervision, transportation, and incidentals necessary to perform the work in accordance with the specifications, terms, and conditions contained within.

Signature Date

Company Name DUNS # (Required)

NOTE: SEE SECTION M FOR A LIST OF REQUIRED DOCUMENTS. ONLY ONE AWARD WILL BE

MADE.

The hoedad planting (Items 1, 3, & 4) will take place on the Bass Lake, Hume Lake, and Western Divide Ranger Districts. The auger planting and release (Item 2 & Option Items) will take place on the High Sierra Ranger District. At this time the option items are not funded. The option items will be done in part, in whole or not at all to the degree funding becomes available. The number of trees for each item is an estimate and may vary significantly. The objective is to plant all the trees that the Districts have available.

It is possible that additional or alternate sites will be used to achieve this goal.

The Soaproot project was harvested in the last several years, thinning and piling was completed last year.

These areas have also been impacted by the ongoing tree mortality event the District is experiencing. At this time burning of the piles has not been completed. It is possible that it will be by the expected start of this contract but it is more likely that it will not. Planting will go on regardless. It will be necessary to work around the piles. This may reduce the number of trees planted per acre.

Item 3 Hume Lake Note: The Rough fire burned more than 82,000 acres on the Hume Lake R.D. during 2015. At this time two units have been identified as planting opportunities for this contract (see maps).

The goal is to plant all the seedlings (approximately 40,000). However, Forest Service personnel continue to examine the burned area in search of additional opportunities. It is possible that a new planting unit may be substituted or added to those areas identified on the maps. The acres on the maps are the gross acres of the entire unit. A portion of the unit may not be plantable due to poor soil, wet areas, areas where the fire did not kill the trees and areas that have natural regeneration of conifers occurring. In these cases ground that is plantable will be planted. If plantable ground is adjacent to the marked unit, the boundary may be adjusted to plant that as well.

Option item 1: The Aspen fire burned more than 20,000 acres on the High Sierra R.D. during the summer of 2013. Harvest of the burned and dying trees occurred during the summer of 2014 continuing into 2015.

At this time twelve units have been identified as planting opportunities for this contract (see maps). It is possible that we will find other opportunities that we may substitute or add to those areas identified on the maps. The goal is to plant all our seedlings. The listed units are recently harvested stands that have been prepared for planting (post- harvest) by felling the small dead trees and piling the slash for burning. The burning has been completed. It is also possible that areas that have been harvested but received no post-harvest treatment or areas where no activity occurred after the fire but are in need of planting maybe identified. The acres on the maps are the gross acres of the entire unit, in some units the entire unit may not be plantable. This may be due to poor soil, wet areas, areas where the fire did not kill the trees and areas that have natural regeneration of conifers occurring. In some units only sections required additional site preparation, it was determined at that time that the rest of the unit was either not in need of planting, not plantable or plantable as it was. In these cases ground that is plantable will be planted regardless of the lack of additional site preparation. If plantable ground is adjacent to the marked units we may plant that as well.

Option Items 2 & 3 area requires manual release of the planted seedlings on the soaproot and aspen projects. It is anticipated that manual release will be necessary on much of this ground. Units will be evaluated during planting to determine the priority units or sections of units. This may include all or some (or possibly none) of the planted areas. This work will be paid by the acre. The actual planted area in each unit that requires release will be measured after planting and this measured acreage used for payment of the manual release. The decision to release or not will be made within 30 days of planting.

Note: Prospective bidders are encouraged to inspect the project sites prior to submitting a quote. For information on road, ground conditions, and/or maps prior to site inspection, contact Ray Acker at the High Sierra R.D. Ranger District, (559) 855-5355ext. 3312. At this time of year access to the Aspen project area is through a locked gate so it will be necessary to contact Ray Acker. Also access may not be possible depending on road conditions as these roads are not maintained during the winter. In addition to the possibility of snow covered roads there is a high likely hood of falling trees blocking the road especially to the Aspen project.

For the Hume Lake Ranger District, contact Marianne Emmendorfer at the Hume Lake Ranger District,

(559) 338-2251 ext. 313. At this time of year access to the project area is through a locked gate so it will be necessary to contact Marianne to obtain a key.

For the Western Divide Ranger District information on road, ground conditions, and maps prior to site inspection, contact Andrea Jeffries at 559-539-2607, extension 2264.

PART I – THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

The objective of this contract is to secure services for auger and hoedad planting of Government-furnished tree seedlings. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, except those designated as Government-furnished, and incidentals, to perform all work necessary on the areas specified.

C.2 GENERAL INFORMATION

All work unit borders are identified as follows:

Flagging, colors: Item 1 red & black stripe on the High Sierra R.D.

Item 4 blue on the Western Divide R.D.

Item 3: Rough Fire Project: The Rough fire burned approximately 82,000 acres during 2015. Most of the units have not received any site preparation except the fire or the fire and hazard tree felling activities. In these areas there are varying numbers of burned and unburned trees large and small remaining in the units

C.3 LOCATION, DIRECTIONS TO UNITS, AND GENERAL ACCESS

INFORMATION

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 listed in Section J and in the paragraphs below.

Item #1: Bass Lake Ranger District

Shake Flat and Mammoth Pool Borrow Pit:

Directions are given from the Bass Lake Ranger District office, North Fork CA. Proceed east on Road 225 for approximately 5 miles to Mammoth Pool Trailer Park. At this point Road 225 becomes Road 4S81. Proceed for approximately 28 miles and turn right onto Rd 6S21X proceed for a short distance and Unit # 517-005 is located on both sides of the road.

Return to Rd 4S81 and travel for 6 miles and turn right onto the Mammoth Pool Road. Proceed for 3 + miles to Road 6S25 and turn left. Unit # 513-001 is located on the right side of the road.

North Fork Fire South Fork Thin and Whisky Fuelbreak:

Proceed east on Road 225 for approximately 1.5 miles and turn left on to County Rd 233 and travel for 1 mile to Cascadel. Turn left onto Road 8S09 and travel for 5+ miles pass the turn off to Whisky Campground and turn left at 7S68 (which is the next road on the left). Proceed for a short distance and turn left onto Rd 7S94. Proceed for 1+ mile and Unit # 521-044 is located on both sides of the road and connects to the southern tip of Unit # 521-033.

Flume and Progeny Proceed east on Rd 225 and travel for ½ mile to the intersection with Road 274. Turn left and proceed for approximately 11 miles. At this point Road 274 merges with Road 222. Continue on Road 222 towards Highway 41 for approximately 3 miles. Turn right onto Highway 41 and travel for 2 miles to Rd 6S12 Cedar Valley Rd. and turn right. Travel a short distance and turn right onto Deer Run Trail. Turn right onto Rd 6S12B and a short walk into Unit # 732-501.

Return to Highway 41 and turn right and travel south to Sky Ranch Road 6S10 and turn left. Proceed for 6 miles, turn right on to Rd 6S11 and travel for 2 miles. Unit # 734-502 is on both side of the road.

Courtney and Bass Lake Proceed east on Rd 225 and travel for ½ mile to the intersection with Road 274. Turn left and proceed for approximately 11 miles. At this point Road 274 merges with Road 222. Turn left on to Rd 222 and follow to the right at the intersection with Rd 232. Proceed on Rd 222 to reach the Bass Lake Day Use and Campground project areas.

Turn right onto Rd 426 and proceed for 1 mile and turn right onto Rd 7S11 and Courtney Fire Unit # 748-100 is located on both sides of the road.

Ponderosa Fuelbreak Proceed east on Road 225 for approximately 5 miles to Mammoth Pool Trailer Park. At this point Road 225 becomes Road 4S81. Proceed for approximately 8 miles and turn left on to Rd 8S27. There is a locked gate at this intersection. Proceed on to Rd 8S27 for 1+ miles and turn left onto Rd 8S27A. The project area FBKPOND-005 includes the north side of Rd 8S27A and FBKPOND-004 includes the east side of Rd 8S41.

Item 2 Soaproot High Sierra

Directions from the District Office in Prather Ca. Continue east on state highway 168 about four miles to a stop sign at a T intersection. Highway 168 turns left here and becomes four lanes (locally called the four lane) follow this for about 10 miles to the “top of the four lane”. This is a four way intersection with no stop sign in this direction. Turn right here onto Tollhouse Road. Follow on this steep down hill for about 1 mile, here turn left onto Peterson Mill Road. (Mountain Rest fire station is on the left at this intersection). Follow Peterson Mill about six miles to the end of the county road (the road is not plowed beyond this point in the event of snow) continue on this road about 1 mile as it climbs a steep hill. At the top of the hill there is a four way intersection (locally known as four corners). The project area starts here.

Option 1: Aspen. To access this area from Prather Ca. take highway 168 through the village of Shaver Lake to the intersection with the Old Huntington Lake Rd. (the sign says to Big Creek). Turn left here and follow this road through the village of Big Creek toward Huntington Lake. After about two miles climbing on a narrow winding road there is a T intersection take the left hand turn. This is the Stump Springs road (7S05) (locked gate here during winter & spring). Follow this about seven miles to the recent burn. The Burn is on both sides of this road for about another 10 miles and the planting units are found on spurs off of this road.

Item 3 Hume Lake Rough Fire: This project area is located in Fresno County. From the Hume Lake Ranger Station proceed east on highway 180 and travel about 8 miles to the intersection with Millwood Road. Turn left and proceed for approximately 1 mile. Turn right onto Forest Road 13S97. Continue on FR13S97 for approximately 2 miles to the intersection with FR 13S74. Turn left onto FR13S74 and travel a half mile. Unit 118-0043 is along the northeast side of the road. Unit 117-002 is surther along highway 180.

Item 4 Western Divide Ranger District, Cedar planting:

Directions are given from the Sequoia National Forest office, Porterville, CA. Proceed south on Highway 65 for approximately 11 miles to Ducor. At this point, turn left on Avenue 56 and go east approximately 7 miles to Fountain Springs. At this point, turn left on Tulare County Road M50 and go southeast approximately 20 miles to the project site at Tyler Meadow.

See attached maps. Contract maps are intended to show only the general size and location of the units.

The specified roads that are accessible by a four-wheel drive vehicle with chains, unless otherwise noted, may reach all work areas. No vehicles will be permitted to operate off Forest Service system roads without approval of the Contracting Officer’s Representative.

Inaccessibility due to snow, fallen trees, mud, slides, or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may, under the Changes Clause

(1) provide an alternate access route, (2) delete the inaccessible unit(s), or (3) require an "unspecified walk-in". In all cases the government will make its’ best effort to get the trees to the unit or as close as possible. It is still the contractor’s responsibility to get the workers and necessary equipment to the units.

C.4 CONTRACTOR'S REPRESENTATIVE

Before work starts, the Contractor shall designate, in writing, an English speaking person to be acting authorized representative 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 instructions from the Contracting Officer's Representative or the Inspector and shall take necessary action required to keep the job in progress under the terms of this contract.

The Contractor shall have a minimum of one designated non-working foreman per crew. Each crew foremen shall be able to speak fluent English and understand written English. If no English-speaking foreman is available, work may be suspended until the situation is rectified. In this event, contract time will continue, unless contract is terminated for default.

C.5 PRIORITY OF WORK

The Contracting Officer’s Representative may specify a priority of work by item, block, or sub-unit within the item without additional cost. In nearly all cases, work will move to adjacent units of work.

C.6. CREW SCHEDULING

Crew size can vary from 8 to 12 workers.

The Contractor shall submit to the Contracting Officer, for approval, a schedule of work at the pre-work conference. The Schedule will include the proposed work days, and the proposed size and number of crews to be assigned to the contract.

If the contractor intends to have more than one crew or if additional crews are needed due to being behind schedule or due to unseasonable weather, the Contractor shall request in writing to the Contracting Officer.

If the Contractor fails to provide a crew as stated in the notice, the Government will assess liquidated damages of $400/crew for one day.

The Contractor may cancel a crew and incur no liquidated damages, by submitting a written notice to the Contracting Officer 48 hours before cancellation.

C.7 DEFINITIONS

1. BARE ROOT STOCK - Conifer seedling with little or no soil attached to the roots.

2. CONTAINERIZED STOCK - Conifer seedling grown in a container, with a growing medium attached to the roots.

3. DRIP LINE - The line where moisture dripping from the extremities of a living tree's crown strikes the ground.

4. EXCESS TREE - Seedlings that are planted in excess of the maximum allowable seedlings per plot.

Excess seedlings are considered wasted trees and are chargeable.

5. FIRMNESS OF SEEDLING:

PINE - In general, a pine tree shall be considered as firm when it will not pull loose by a tug strong enough to detach a small group of live needles.

FIR - In general, a fir tree shall be considered firm when the base of the terminal leader or a lateral branch can be grasped at the vertex of the middle and index fingers and pulled through the tightly clamped fingers without pulling the seedling loose.

6. LOOSE SOIL OR AIR POCKETS - At the base of the roots of a planted seedling if two fingers can penetrate the soil with out resistance the soil is to be determined as loose and unacceptable.

7. MINERAL SOIL - The state of soil where humus and large organic matter are not present.

8. PLANTABLE SPOT - An area from which vegetation, ash, duff, snow, and debris have been or can be removed to moist mineral soil, and a tree seedling can be planted according to specifications.

9. OVERSTORY TREE - Large mature trees, (12 DBH and larger) not including oak, left for shelter wood or as seed trees.

10. ROOT COLLAR - The portion of the seedling stem where the cotyledon scar is located.

11. SATISFACTORILY PLANTED SEEDLING - A seedling planted in full accordance with all planting specifications set forth in this contract.

12. SUITABLE EXISTING TREE - An acceptably established tree will be considered to be; any conifer, except lodge pole pine, knob cone pine or gray pine without any visible defects or damage, having a 25%+ live crown ratio, disease free and a height of 6 inches or greater, any oak over 6 inches tall.

13. TOP - That portion of the seedling exposed above normal ground line.

14. UNIT BOUNDARY - The perimeter of the planting unit as indicated by Forest Service marking at various points along an irregular perimeter.

15. UNPLANTABLE SPOT - An area within the specified limits in which it is not possible to plant a seedling according to the specifications.

16. UNSATISFACTORILY PLANTED SEEDLING - A planted seedling which does not meet one or more of the specifications in this contract.

17. WASTED SEEDLING - Seedlings which are lost, damaged, destroyed, or handled contrary to the specifications for care of seedlings. Planted seedlings in excess of the maximum number of seedlings creditable as specified are also considered wasted seedlings.

C.8. GOVERNMENT FURNISHED PROPERTY

The Government will deliver to the Contractor the following Government furnished property in accordance with FAR clause 52.245-4 (incorporated by reference in Section I):

Tree seedlings: The Government will provide 1-0 and/or 2-0 planting stock (seedlings) to the Contractor for use in this contract. The planting stock may be either bare root or containerized.

The Government will furnish tree seedlings to a point of four wheel drive vehicle accessibility nearest the unit boundary, or to the point where the walk-in begins, unless other points are mutually agreed to by the Contracting Officer’s Representative and the Contractor. The container trees have been removed from the plastic tubes but still have a plug of soil attached to the roots. They are provided to the contractor in small plastic bags that usually contain 10 – 15 trees. The trees are to remain in the plastic bags as they are carried in the planting bag. On the High Sierra R.D. bare root seedlings will be “jelly rolled” by the Gov.

before being provided to the contractor. The trees are to remain in the jelly roll till planted. Each planter will be given only as many trees as can be planted before the seedlings are judged by the Gov. to be overly stressed. This will vary by the weather conditions and the rate at which the seedlings are planted.

Also a planter shall not be given so many seedlings that the planting bag is over full and there is risk of damaging the seedlings as they are removed from the bag.

On the Bass Lake, Hume Lake, and Western Divide Ranger Districts the contractor will be required to dip the bare root seedlings into a tub of water and then properly place the trees into liners that sit inside the planting bags that are worn around the waist. (see C.9 Contractor Furnished Property). The container trees have been removed from the plastic tubes but still have a plug of soil attached to the roots. The seedlings are provided to the contractor in small plastic bags that usually contain 10 – 15 trees per bag. The trees are to remain in the plastic bags as they are carried inside the planting bag. A tree tally will be recorded as the seedlings are being handed out for each planting area.

The Contracting Officer’s Representative shall give the Contractor 24-hour notice for delivery of the seedlings, unless a shorter notice is mutually agreed to at the time notice is given. Normally once work has begun, at the end of the work day the contractor and the COR will evaluate and agree on the seedling needs for the next days delivery.

C.9 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish and meet the following minimum requirements:

Items #1, #3 & #4 Bass Lake, Hume Lake, and Western Divide Ranger Districts

Hoedads: The hoedads shall have blades long enough to prepare a hole that will accommodate a

30.5 cm (12 inch) root with no J-roots. The digging portion of the blade shall be a minimum of 12 inches long and 10.2 cm (4 inches) wide. The head or scraping blade is not to be included in the length measurement

Planting Bags: Planting bags shall be a light color, shall not retain water or heat, shall have a minimum depth of 38 cm (15 inches), and shall be free of defects. Planting bags shall also be clean and free from dirt and residue from prior planting operations when initial planting on this contract begins, or after any stoppage of work where the Contractor plants seedlings elsewhere.

Planting Bag Liners: Planting bags shall have polyurethane foam liners, which line the interior sides and bottom of the bags, or other insulated liners acceptable to the Contracting Officer’s Representative. Burlap is not acceptable.

Seedling Water Container: Water and a water container shall be present at each location where tree planting will be performed. The container shall be of sufficient volume and dimensions to allow the planters to fully submerge the individual planting bag liners and to dip the seedlings without bending or damaging the roots.

Item #2 High Sierra

Augers: Shall be capable of drilling a 10.2-centimeter (4 inch) diameter hole to a depth 5.08 cm (2 inches) deeper than the specified root length. The bit must be in good condition and not worn to the point that the hole is not full width all the way to the bottom. The auger shall not leak oil into the planting hole or onto the ground.

Hand tools to prepare the planting spot (scalp).

Planting Bags: Shall be a light color, shall not retain water or heat, shall have a minimum depth of 38 cm (15 inches), and shall be free of defects. Planting bags shall be clean and free from dirt and residue from prior planting operations when initial planting on this contract begins, or after any stoppage of work where the Contractor plants seedlings elsewhere

All items:

Water for Workers: The Contractor shall provide, for the crew, clean water in clean containers for both drinking and sanitation purposes

C.10 PLANTING OPERATIONS AND WORK STANDARDS

All operations shall be performed in an organized manner, and in groups of the entire crews. This includes, but is not limited to, arrival, bagging, re-bagging, planting, and completion of a unit. Planting with scattered crews within or between units shall not be permitted except as necessitated by on-the-ground conditions and then only when approved by the Contracting Officer’s Representative.

All of the project areas shall be worked to the contract specifications. Seedlings shall be planted to the boundary of all work areas and around the perimeter of all non-work areas within the work unit.

To maintain stand diversity, trees and/or brush providing homes for wildlife shall not be disturbed.

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 Contract Officer if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Contract 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.

All known Controlled Areas are identified on the project map and on the ground with blue and black stripped flagging. The sites may be reflagged immediately prior to operations.

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 such damage, 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.

Protection of Sensitive Plant Populations. No known populations of sensitive plants occur within or adjacent to the designated units. Any protected plants located within any of the units will be designated for protection by the Contracting Officer Representative.

Elderberry bushes/trees shall not be cut or damaged in units lower than 3,000 feet elevation.

The Contractor shall remove all trash from the work site.

All of the project areas shall be implemented to meet the contract specifications. Seedlings shall be planted to the boundary of all work areas and around the perimeter of all non-work areas within the work unit. Seedlings shall not be planted on landings, fire lines, skid trails, or haul roads without permission.

Planting areas include recent fire, insect mortality/hazard tree removal activities and or mastication. Initial and interplant areas may have some natural seedlings and or older plantation trees available to space off of.

Items 1, Item 3, and Item 4: All planting bag liners shall be completely submerged into a bucket of water and placed into the planting bag. The bare root seedlings shall be briefly dipped into the water and placed into the moist liner. The tree tally shall be recorded as the foreman delivers the tree bundles to the workers. The individual project area tree tally will be confirmed between the COR and the Contractor.

The Government will take care of the seedlings until they are given to the planters. The planters shall follow the specifications for care of the seedlings.

The Contractor shall adhere to the following specifications for care, protection, and planting of all tree seedlings in his/her possession:

1. CARE AND HANDLING OF SEEDLINGS

a. Seedlings shall be protected at all times from drying, heating, smothering, freezing, crushing, drowning, abrasion, rapid temperature fluctuations, or contact with injurious substances.

b. Seedlings stored in boxes, bags or bundles shall not be exposed to direct sunlight. Punctured or torn bags or boxes shall be promptly resealed. Containers of seedlings shall be opened only in full shade. Bundles, bags, or boxes shall be separated to provide free air movement.

c. Seedlings shall not be removed from shipping containers until needed for preparation for planting.

d. Seedlings shall be planted without further root or top pruning or culling. If pruning or culling appears necessary, or if mold, dry roots, evidence of injury, or dying is seen, the condition shall immediately be reported to the Contracting Officer’s Representative. Seedling roots shall not be pruned, clipped, or cut by the Contractor or Contractor's employees.

e. Frozen seedlings shall not be handled until completely thawed. They shall be thawed in full shade.

f. Seedlings carried in planting bags shall not exceed the number that can be carefully carried and removed without injury. The seedlings shall be planted before heating or drying of roots occurs or which can be planted before heating or drying of the roots occurs. The Contracting Officer’s Representative will determine an acceptable limit of seedlings after inspections of the seedlings in the planters' bags. Species composition, seedling size, and nursery bundling will also be considered in determining the number of seedlings per bag-up.

g. Seedlings in planting bags shall have only their tops exposed.

h. Seedlings shall be gently removed from the planting bags, one at a time to prevent stripping or injury and immediately inserting the seedling into the prepared planting hole. Seedlings shall only be removed from the planting bags immediately before inserting the seedling into the prepared planting hole.

i. Item 1: Banding material shall be cut or removed over the tops of bare root seedling bundles.

j. Item 1: The Contractor shall dip bare-root seedlings in water before placing seedlings in the planting bag. Bundles of bare root seedlings shall be loosened and split in half before dipping into the water.

k. Item 1: Dipping and bagging of the seedlings shall be conducted in an organized manner so that root exposure to the outside air does not exceed 15 seconds.

l. Seedlings placed in bags shall be planted out before lunch, before the end of the day, or before any other significant work stoppage, and not returned to storage

2. SPACING

Bass Lake Seedlings shall be planted at 11 ft x 12 ft spacing (approximately 330 tree per acre) or 13 ft x 13 ft spacing (approximately 257 trees per acre). Only one tree shall be planted at each scalped area.

More information regarding each planting area is contained in the Data Table in section J

High Sierra There are two spacing prescriptions: the first is 134 planting spots per acre or a planting spot every 18 feet and the other is 108 planting spaces per acre or a spot every 20 feet (on a perfect acre). The spacing is based or triangles rather than squares. Some units will have two trees planted in each spot and some will have three. Also there are some units where the spacing within 200 feet of the road shall be 20 by 20 but the rest of the unit will be 18 by 18. This is true for some of the units in Item 2. The COR or inspector will identify these areas when on site. See Data Tables in section J for additional information

Hume Lake The planting prescription is 200 planting spots per acre or a planting spot every 14 feet (on a perfect acre).

The specified average spacing may be varied up to 10 percent in any direction to find a suitable planting spot. The number of seedlings planted per acre, however, shall not be materially increased or decreased because of individual planting spot selection.

In units with both sugar and ponderosa pines approximately 50% will be sugar pine and 50% ponderosa. The sugar pine should be planted nearer the unit boundaries or near islands of unburned trees in locations that provide some shelter and shade.

The optimum would be to plant both sugar pine and ponderosa but if the available sugar pine seedlings run out before the ponderosa some units will be planted with only ponderosa pine.

Western Divide There is one spacing prescription: 200 planting spots per acre or 15 foot square spacing.

The specified average spacing may be varied up to 10 percent in any direction to find a suitable planting spot. The number of seedlings planted per acre, however, shall not be materially increased or decreased because of individual planting spot selection.

For Item 2 and Option Item 1: In the units with both sugar and ponderosa pines being planted, the seedlings will be planted with two ponderosa and one sugar pine in the spots that are planted with both and with 3 ponderosa in the other spots. The sugar pine should be planted nearer the unit boundaries or near islands of unburned trees in locations that provide some shelter and shade. In units with Jeffery or ponderosa and white fir and sugar pine. Planting spots are to be planted with two of the yellow pines and one of either sugar pine or white fir. White fir and sugar pine are not to be planted together in one planting spot. If necessary some spots may be planted with three Jeffery pine.

When trees are planted too closely together and the average number of trees per acre exceeds the calculated maximums listed in the following table the excess trees will be deemed as wasted. The contractor will not be paid for wasted trees and in fact will be charged a fee for each wasted tree of $.87.

Item #1 Bass Lake RD Table of maximum allowable trees for a specified spacing.

Ave. Planting Ave. Planting Trees per Min. – Max. Spots per Spots per Spacing Acre +/- 5% 1/50 Acre 1/100 Acre

7 X 7 889 845 – 933 18 9 7 X 14 444 422 – 466 9 4 8 X 8 681 647 – 715 14 7 8 X 16 340 323 – 357 7 3 9 X 9 538 511 – 565 11 5 10 X 10 436 414 – 458 9 4 11 X 11 360 342 – 378 7 3 11 X 12 330 314 – 346 6-7 3 12 X 12 302 287 – 317 6 3 13 x 13 257 246 - 268 5 -6 2-3 14 X 14 222 211 – 233 4 2

Those trees, which exceed the maximum trees stated in the attached Planting Data Tables, will be treated as wasted trees.

For individual seedlings the specified average spacing may be varied up to 25 percent in any direction to find a suitable planting spot. The number of seedlings planted per acre, however, shall not be materially increased or decreased because of individual planting spot selection.

Item 2 and option item 1. Excess trees will also not be paid for and a fee of $.87 will be charged for each wasted tree.

3. PLANTING SPOT SELECTION AND PREPARATION

a. Whenever possible, within spacing requirements set forth in this contract, planting spots shall be selected where stumps, logs, dead brush, and terrain features provide partial protection from sun, wind, animals, loose debris, and other agents detrimental to seedling survival and growth. Berms of soil created by the harvest activity are not suitable planting spots. In the event that an unburned pile is encountered trees may be planted as close as five feet from the pile (Item 2 & Option 1). For Item 1 in the event of an unburned pile the nearest planted tree shall be 20 feet. Areas where a pile was located and burned are good locations for planted trees and should be favored as planting spots. Care in the preparation of these planting spots is necessary to remove all the ash down to the soil.

b. No seedlings shall be planted closer to a planted or suitable existing tree than the spacing specifications. No seedlings are to be planted under the drip lines of suitable existing trees within and adjacent to unit boundaries.

c. Brush patches containing satisfactory planting spots shall be planted even though this may require spreading stems aside or working around the stems. Masticated slash, landings, road cuts, and fill banks shall be planted where satisfactory planting spots exist.

d. The Contractor shall clear the selected planting spot of all limbs, snow, bark, rotten wood, rocks, and other loose debris, and shall remove ash, duff, sod, crowns of living plants, masticated slash, roots and other material to expose moist mineral soil. The Contractor shall not clear more than 50 planting spots ahead of the tree planters, unless authorized by the Contracting Officer’s Representative. If the weather is warm and dry and the planting spots are drying before the planters are able to plant the tree it may be necessary to clear fewer than 50 spots ahead of the planters. The determining factor is the dryness of the prepared site. The COR will make the determination.

e. In the case of planting three trees per planting spot, the scalp shall be at least 2 feet by 2 feet and the trees shall be planted at least 1.5 feet apart and .25 feet from the edge of the scalp. An alternative shaped scalp is an isosceles triangle three feet on a side is also acceptable. The planting hole must be far enough from the edge of the scalp so that only moist soil is placed in the hole not material that was moved in preparing the planting spot.

f. In the case of hoedad planting the planting spot must be prepared by clearing to mineral soil a spot 12 inches by 12 inches. For the Hume Lake Ranger District (Item 3), the planting hole must be far enough from the edge of the scalp so that only moist soil is placed in the hole not material that was moved in preparing the planting spot.

4. PLANTING HOLES

a. Planting holes shall be oriented at an angle between perpendicular to the slope and true vertical.

b. Should the initial attempt to make a planting hole fail because of subsurface rocks, roots or other obstacles, a second effort shall be made in a slightly different part of the same planting spot. If this effort also fails for similar reasons, a third attempt shall be made in another part of the planting spot. If the third effort also fails, the spot shall be abandoned as an un-plantable spot. In the case of multiple trees per scalp if only one or two holes are successful they shall be planted, there must be at least two attempts for each of the holes within the scalp.

Un-plantable auger holes shall be filled in with dirt by the auger operator.

c. Where an un-plantable spot is encountered, the planter shall plant in the closest suitable spot and average spacing shall resume from that point.

d. Hand tools - an open hole shall be broken out that is deep and wide enough to fully accommodate the roots of the seedlings to be planted. Slit planting will not be permitted. On the Soaproot & Aspen projects the use of hand tools is not anticipated.

e. Augers - the hole shall be made five centimeters (approx. 2 inches) deeper than the maximum root length specified. The auger shall not proceed so far ahead of the planters that the drilled hole or the excavated material will dry before planting. The auger shall be run at a speed that will deposit the excavated soil adjacent to the hole and not scattered to a distance that it would be unavailable for filling the hole when filling and firming. Also the hole must be placed so that the excavated dirt is still within the scalp and is available for refilling the hole without other material from outside the scalp.

An auger is required for all planting units designated for auger planting, except those portions of the planting units that are not suitable for an auger. When, prior to planting, in the judgment of the Contracting Officer’s Representative, a unit or part of a unit is not adaptable to auger planting, the Contractor may plant using hand tools. This will strictly be a decision of the Government.

5. SEEDLING PLACEMENT

a. Bare root seedlings: The seedling shall be suspended near the center of the hole with roots in a near natural arrangement at a depth that after filling, firming, and leveling, the soil comes to a point even with the root collar of the seedling. No portion of the roots shall be exposed, nor any needles or branches covered with soil. The proper depth is to the root collar. The roots shall not be doubled up, twisted, spiraled, or bunched. The root system shall be aligned with the axis of the planting hole with all roots extending downward. (See attached Exhibit C, Steps in Hoe Planting).

b. Containerized seedlings: The seedlings shall be planted in the center of the prepared hole, deep enough so that two centimeters of soil placed on top of the plug and leveled with the surrounding soil surface will seal the plug into the ground. Containerized stock growing media shall not be distorted or broken from the root system during the planting process.

6. FILLING AND FIRMING

a. For hand tools: The hoedad shall be inserted into the ground approximately five centimeters

(approx. 2 inches) in front of the seedling and the lower part of the blade rocked toward the seedling to wedge the bottom part of the hole closed. The upper part of the blade shall then be rocked forward to wedge the upper part of the hole closed. Extract the tool and apply pressure with a foot to firm and level the surrounding soil. All actions in this process shall be done in a manner that assures that dry soil, ash, organic matter, rock, and other foreign material does not enter the hole and that no air spaces remain after firming. After planting, the seedling stem shall be erect and free to grow. The seedling shall not be damaged during planting and will not be weighted down with mud or debris.

b. For augers: Moist mineral soil shall be filled in and firmed around seedling roots. Dry soil, ash, organic matter, rock, and other foreign material shall be kept out of the hole. Soil shall be filled in and firmed progressively so no loose soil or air pockets remain and the seedling is as firmly planted, as soil conditions will allow. The Contractor shall not wedge the sides of the hole. Firming the soil around the seedling shall be done in a manner that assures the seedling and root systems are not damaged. After the soil is firmed around the seedling, it shall be smoothed out to the level of the surrounding mineral soil surface. After planting, the seedling stem shall be erect and free to grow. The seedling shall not be weighed down with mud or debris.

7. SPECIES MIXTURE

The species to be planted will be discussed at the planting site.

Items 1, 2, and 3: Where a mixture of species is required, the COR will decide, based on the number of planters and the species mix the distribution of seedlings within the planters

C.11 SUSPENSION OF PLANTING OPERATIONS

Planting operations shall cease when it is determined by the Contracting Officer’s Representative that weather conditions are detrimental to the survivability of the newly planted seedlings. Exhibit F - Weather Guidelines for Planting Seedlings, may be used as a determinant along with the predicted weather and local experience in the decision to stop planting. Weather data for use with Exhibit F will be obtained at the planting site using observations and if necessary, hand held weather instruments.

C.12 SPECIFICATIONS FOR OPTION ITEM 2 & 3: MANUAL RELEASE

The contractor shall treat all the planted trees in the unit. In addition in areas that were not planted because of the presence of “naturals” one natural shall be selected on the specified spacing and treated as a planted seedling.

An area with a diameter of four feet shall be cleared around the treated seedlings. Since the trees have been planted either two or three to each planting spot the four foot radius shall be measured from the center of the planting spot. In the case of treating a natural the radius will be around the seedling.

The vegetation around the tree shall be completely severed at or just below ground level.

The work shall be accomplished without damaging the planted seedlings

Dead material left standing after the fire can be removed if necessary but is not required.

Material shall be spread and not piled. It is ok to leave some material in the scalp but it must be completely severed and not bury or lean against the leave trees.

It is expected that this work can be completed using hand tools such as a Macloed.

PART I - THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR INSPECTION REQUIREMENT (FAR 52.246-01) (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.2 INSPECTION OF SERVICES--FIXED-PRICE (FAR 52.246-04) (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require…