AG-9JGP-S-16-0096.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 792033 77

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-9JGP-S-16-0096 DATE

4/13/2016

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Craig Ericson

b. TELEPHONE NUMBER(No collect calls)

530 478-6142

8. OFFER DUE DATE/ LOCAL

TIME

April 27, 2016 3:30

PM

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:115310

SERVICE DISABLED EDWOSB

VETERAN- OWNED SIZE STANDARD19.0 million:

SMALL BUSINESS 8(A)

Central California Acquisition Service Area 631 Coyote Street Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Herbicide Release Eldorado National Forest Georgetown Ranger District

See separate schedule sheet.

Contractor MUST be registered in the System for Award Management (SAM) before award can be made.

Please provide the following information:

DUNS#_________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See schedule on next page.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QTY 22. UNIT 23. UNIT PRICE 24. AMOUNT

Herbicide Release, Eldorado N.F., Georgetown R.D.

AG-9JGP-S-16-0096

PROJECT

UNIT

SOL. #

ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE

1 Hand Release 5' Radius to control vegitation ac 13. -$ -$

2 Hebicide Release to control vegitation 3% mixture ac 265. -$ -$

Optional 3 Herbicide Release to control Scotch Broom 5% mixture ac 38. -$ -$

TOTAL -$

NOTES:

Signature Phone

Vendor

Name FAX

Address Email

Georgetown, ENF

2. Responses without prices for each item and sub-item may be rejected.

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2016 Georgetown District Release and Noxious Weed Control Ver 12/02

PRICE SUBMITTED BY:

1. Responses for quantities less than those listed in the numbered items may be rejected.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for vegetation control treatment in and around young mixed conifer plantations. The specific treatments will be as follows:

Item #1: A 5’radius vegetation release around crop trees using hand tools in one year old mixed conifer plantations within the King Fire area on 4 stands totaling 13 acres.

Item #2: A foliar application of a herbicide mixtures from backpack sprayers to target vegetation to release crop trees in one year old mixed conifer plantations using a shielded directed spray technique on 12 stands totaling 265 acres.

Optional Item #3: A foliar application of a herbicide mixture from backpack sprayers to target

Noxious Weeds (Scotch Broom) in 1 stand totaling 38 acres.

Before work may begin the Contractor shall designate, in writing, at least one person on site with authority to act in case of the Contractor’s absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or authorized representative shall be on the project area whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, this authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. The Contractor and authorized representative(s) shall have an oral command of both the English language and the language common to the crew(s).

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, clean fresh water for batching and cleaning, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description

Location: The project is located on the Eldorado National Forest, Georgetown Ranger District in both Placer and Eldorado Counties. General location is T.13N. R.13E. Section 1, 2, 11, 12, 13, and 14. One Stand #17 is located in T.11N. R.12E. section 10. Specific maps of the treatment areas are included in the Contract Maps and Supplemental Specifications.

Description: Boundaries of treatment units will be flagged with orange and white stripe flagging and/or verbally designated by Contracting Officer’s personnel on site at the time of treatment. Boundaries will generally be identifiable features on the ground, such as roads, ridges, drainages, or residual tree line.

Item #1: A five foot radius vegetation release around conifer crop trees on 4 stands over 13 acres with hand tools. Crop trees are one year old mixed conifers. All target vegetation within the 5’ radius of all crop trees shall be cut and or grubbed to bare mineral soil. Vegetation is two years old since the King Fire, with target vegetation at 1 to 4 feet in height with a ground cover of 60-80%.

Item #2: Work will be performed in 12 stands, for a total of 265 acres using a 3% herbicide mixture (see supplemental specs. C.9). Elevation ranges between 4500’ to 6000’ above sea level. These stands are comprised of first year mixed conifer plantations planted in the spring of

2015 resulting from the King Fire in September 2014. Prior to the King Fire these were mixed conifer plantations ranging from approximately 20-30 years in age. No site prep was completed post fire and dead burned trees remain on site. All target vegetation within the remaining treatment areas will be sprayed. Crop trees and natural seedlings shall be protected from spray drift using a protective shield or cone placed over the trees during treatment. Trees that have been contaminated/sprayed with herbicide mixture shall be immediately rinsed with fresh water to completely remove all herbicide mixture residue. Contractor shall provide 1 worker with a backpack sprayer filled with fresh water for each 8 herbicide applicators. The duty of this worker shall be to immediately rinse all contaminated crop trees of any and all herbicide mixture.

Optional Item #3: Work will be performed within 1 stand, for a total of 38 acres using a 5% herbicide mixture (see supplemental specs. C.9). Elevation ranges between 3000’ to 4000’ above sea level. This stand is comprised of a 45 year old mixed conifer plantations partially burned during the King Fire in September of 2014. No site prep was completed post fire and both live and dead burned trees remain on site. The target vegetation within this stand is

Scotch Broom only. There is a significant amount of Red Hills Soap Root within the stand that requires protection from direct and or indirect spry drift.

Exclusions (non-work areas): Non-work sites or areas will be designated with pink and chartreuse (bright green) flagging and/or blue and white striped flagging.

Accessibility: All work areas are accessible by standard pickup, some short walking/hiking of less than 500’ into units may be needed if road conditions will not allow direct access by vehicle.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date.

Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Maps

Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start: May 1st, 2016 for Item #1, May 15th, 2016 for Item #2 and #3 weather dependent.

Time: 30 days

See also Section F

C.5 Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here.

Nothing in this part shall be construed to take away any of the Government's rights under the

Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. When the Contracting Officer (or designated representative) determines the herbicide label requirements cannot be met due to adverse weather.

4. Work shall be performed only when the Contracting Officer or their Representative is present on the work site.

5. Work shall not be performed before 6:00 a.m. or after 6:00 p.m.

C.6 Licenses and Insurance

Before work may begin on this project, the Contractor shall provide the documentation required in the section (C.6.). Failure to provide the information will not change the date for starting work and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or

20% of the contract time (whichever is less) or the contract may be terminated for default in accordance with the clause governing default (termination for cause).

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [ x ] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker’s

Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. Note: The Contractor working alone is not required to carry the insurance.

Other: See C.8-2 Specifications, Licensing and Safety Requirements.

C.7 Camping and Housing

Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ x ] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

C.8 Technical Requirements.

C.8-1 Definition

Herbicide: The concentrate before mixing occurs. 53.8% Glyphosate active ingredient.

Herbicide mixture: The combination of herbicide, water, surfactant, and dye.

Target vegetation: All vegetation except crop trees and excluded vegetation.

Triple rinse: Filling the empty container at least 1/10 full of clean water, replacing the container lid, shaking vigorously for at least 15 seconds, and immediately pouring contents from the container into the batch tank, and repeating this for a total of three times.

C.8-2-1 Specifications

Work Method Item #1

Hand Release:

1. - All vegetation (as described in “Item 1”), except crop trees, must be completely severed within a five (5) foot (1.52m) radius from any crop tree within the designated stands.

2. - Care is to be taken by the Contractor to avoid any damage to crop trees.

3. - Cut vegetation or slash may be left within the released radius from any crop tree as long as all specified vegetation is severed at or below ground level. Any slash leaning against, suspended by, or overtopping the trees being released shall be pulled back away from the tree.

4. - Vegetation originating from outside and encroaching into the release radius shall be completely severed where it enters the cylinder, the size of which is determined by the prescribed release radius. This cylinder shall extend from the ground upwards and be free of all target vegetation.

Approximately 120 trees per acre will be released (see Section J, Exhibit B for example of approximate crop tree spacing). In the event that planted trees are not present, natural stocking that meets crop tree specification will be released at the planted spacing.

Work Method: Item #2 and #3

Herbicide Release:

The Contractor shall evenly apply the herbicide mixture to all target vegetation in each stand.

The target vegetation in ITEM #3 is Scotch Broom only. The application shall be uniform. All surfaces of the target vegetation shall be covered, including the interior of dense brush species.

See Section J, Exhibit A for examples of acceptable and unacceptable application coverage.

Conifer trees, Oak trees, Elderberry bush, California nutmeg, Pacific Yew, and Red Hill Soap

Root plants in all units shall be protected from herbicide mixture by directed spray application.

Additionally Conifer trees shall be protected during the application of the herbicide mixture using a protective shield or cone by placing it over the trees to prevent the mixture from coming into contact with the conifer trees. Any and all conifer trees that are contaminated with the herbicide mixture shall be immediately rinsed with fresh water. The contractor shall supply at least one person/employee per 8 applicators to carry a clean backpack sprayer filled with fresh water to immediately rinse contaminated trees. Other excluded vegetation species shall also be protected by directed spray application. (See supplemental Specifications for a complete list of excluded vegetation).

The Contractor shall keep equipment in good operating condition maintaining flow rate and nozzle pressure. Application of herbicide mixture will be made with a nozzle pressure of 15 psi. The spray tip shall be kept 12 to 24 inches from target vegetation during application.

Application of herbicide mixture must be discontinued if the following critical weather parameters exist:

1: Precipitation or a 70% or greater chance predicted within 24 hours.

2: Wind speed and/or air temperature exceed the herbicide label requirements or 5 mph.

3: Temperature cold enough to freeze the herbicide mix in the nozzles.

If not otherwise specified on the herbicide label, spraying shall be discontinued when wind speeds are continuous and in excess of 5 mph. The Contractor shall be responsible for monitoring weather conditions.

The Contractor is responsible for washing and cleaning out all equipment at the end of each work day. The exact location for cleanup will be designated by the Contracting Officer or their

Representative.

The Contractor shall use soft material brushes to clean the nozzles. Wire shall not be used.

Under no circumstances shall sprayers, containers, clothing, personal or other contaminated materials be washed in any stream, lake or other water source.

Each stand shall be completed prior to moving on to the next stand. The contractor shall flag a line delineating the sprayed portion of any partially completed stand at the end of each day using a bright colored flagging.

The Contractor shall keep his crew organized so that units are covered systematically without skipped areas. The Contractor shall not scatter his crew over different parts of the stands.

The Contractor is responsible for training his employees in the proper techniques to be used during application of herbicides and the safety procedures to be followed when handling herbicides.

Batching of Herbicide Mix:

Contractor shall do all batching of herbicide mixture and conform to label instructions and safety requirements. See Supplemental Specifications for the herbicide mixture for each stand.

A graduated container of at least one-half gallon in size shall be used to measure chemicals and surfactants during the batching operation.

All batching of the herbicide mix will be done in the presence of the Contracting Officer or their Representative at the work site. The batching location will be designated by the

Contracting Officer or their Representative. When drafting water into the clean water tank, the batch tank and any containers of herbicide concentrate will remain at the approved batching location. The Contractor shall use only water sources approved by the Contacting Officer or their Representative.

Batching sequence is as follows:

1: One half of the water for the mixture shall be put in the batch tank.

2: The herbicide(s) and colorants, if used shall be put in the batch tank next.

3: Begin agitating.

4: Add the remaining water in the batch tank while continuing to agitate.

5: The last ingredient to be added to the tank will be the surfactant, if used.

The herbicide mixture shall be under constant agitation in the batch tank to prevent separation.

All herbicide mixture shall be sprayed out. The herbicide mixture shall not sit overnight in the batch tank or other equipment unless permitted by the Contracting Officer or their

Representative.

Storing and Transporting Herbicides:

All unattended herbicide concentrate shall be stored in a lockable storage area in its original container.

The Contractor shall work with the Contracting Officer or their Representative to insure a minimal amount of herbicide mixture is moved between units.

Disposal of Containers:

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

1: All containers shall be triple rinsed, with clean water, on the work site. The rinse water shall be disposed of by placing it in the batch tank.

2: Used containers, except those that are returnable, shall be punctured on the top and bottom to render them unusable.

3: A log of the containers and how they were rinsed and where they were disposed of shall be made available to the Contracting Officer.

4: Certification of disposal at an approved dump or receipt from a point of redemption on returnable containers is required.

Herbicide Spills:

If a spill occurs, the Contractor shall:

1: Take action immediately to contain the spill.

2: Notify the Contracting Officer’s Representative on site.

3: Be under the control of the Contracting Officer or their Representative during the spill cleanup.

4. Be liable for all costs of damages, clean-up, and decontamination.

Licensing and Safety Requirements:

The Contractor shall have a current State of California Agriculture Pest Control Operators

License including the Category “E” (Forest), and Pest Control Business License, prior to the award of contact. The Contractor shall register this License with the appropriate County

Agriculture Commissioner(s) prior to beginning work. The Contractor shall be required to provide the following:

1: Required permits.

2. Complete and file all reports, with a copy to the Contracting Officer.

3. Complete any other incidental requirements.

The Contractor shall comply with the State of California Safety Orders found under the

California Administrative Code and with the requirements of the Federal Worker Protection

Standards (40 CFR, part 170). For further information regarding licensing requirements contact

California Food & Agricultural Dept., Pesticide Licensing at (916)322-4647.

The Contractor’s authorized representative(s) on site must, at a minimum, be State of

California Certified Pesticide Applicator.

C.8-3 Contractor-Furnished Equipment

Required Materials:

The Contractor shall provide the following herbicides, adjuvants, and dye:

1. Glyphosate Herbicide (Roundup Custom, Rodeo or equivalent). Herbicide mixture specifications assume use of a concentrate with 53.8% glyphosate active ingredient.

2. Hasten surfactant

3. “Colorfast” purple dye.

All herbicides and adjuvants shall be provided in the original factory sealed containers no larger than 2.5 gallons each. Equivalent herbicides, adjuvants, and dye may be substituted if approved by the Contracting Officer. Contractor shall provide clean water for the wash down of backpack sprayers.

Required Equipment: Item #1

Hand held tools including McLeod rakes, hoes and pruners.

Required Equipment: Item #2 and #3

Backpack sprayers- shall have an adjustable pressure regulator or a pressure gauge mounted on the spray wand. All sprayers shall be equipped with a “TeeJet” XR80-04VS spray tip or equivalent, with a 50 mesh screen. Plastic, brass, or aluminum spray tip nozzles shall not be used.

Batch tank- shall be a mixing tank equipped with a constant agitator, a sight level in good condition to measure tank volume, and a leveling gauge which will be adequate for leveling a thank in all directions. The filler hose from the batch tank shall be equipped with a self-closing nozzle. The batch tank shall be in good condition, meeting all State requirements. The batch tank shall be mounted such that it 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.

Clean water tank- shall be a tank exclusively for clean water, having a back flow prevention devise or the proper air gap filling apparatus. The water tank and all drafting equipment must be free of pesticides and dye residue. Pesticides and dyes shall not be stored or transported in the same vehicle used to transport the clean water tank.

Tree protection shields/cones sufficiently tall enough to completely cover and or completely shield trees from contamination of herbicide mixture spray drift.

Locked storage area for herbicide and containers.

Spill Kit- Shall contain a minimum of 25 lbs. of absorbent material such as kitty litter, two 30 gallon, and 4 mil polyethylene garbage bags with ties, and two shovels.

Trailer hitches used to tow equipment and trailers shall be securely mounted directly to the vehicle frame. Bumper hitches shall not be used unless specifically designed and rated for towing heavy loads.

Contractor shall provide all other supplies and incidentals necessary to accomplish the required contract work while complying with herbicide label directions, pesticide application license requirements, and worker safety protection standards.

Calibration and Equipment Check:

Prior to and during work the Contracting Officer or their Representative reserves the right to inspect, test, and approve equipment. For example, the Contracting Officer or their

Representative will check for cracked hoses, worn seals, and leaks.

Prior to and during work the Contracting Officer or their Representative reserves the right to test and inspect the herbicide concentrate and mix.

Prior to and during work the Contractor shall be required to calibrate his equipment in the presence of the Contracting Officer or their Representative.

C.8-4 Government-Furnished Property

See Section G.

C.8-5 Public Safety The Contractor shall be required to carry out all operations in a manner which ensures the safety of the Public.

C.8-6 Salvage Rights

There are no salvage rights under this contract.

C.8-7 Road Maintenance

The Contractor may be required to repair damage to any roads which are used without the consent of the Contracting Officer or their Representative.

C.9 Supplemental Specifications

Herbicide Mixture Specifications:

Item #2 units will all be treated with a herbicide mixture of “Glyphosate”, “Hasten” and

“Colorfast” purple dye; the mix shall contain 3% glyphosate herbicide (53.8% formulation), 1% “Hasten” adjuvant, and .25% “Colorfast” purple dye. 100 gallons of herbicide mixture would thus be as follow:

95.75 gal. water

3.00 gal. of glyphosate

1.00 gal of “Hasten” adjuvant

0.25 gal “Colorfast” purple dye

Optional Item #3 unit will be treated with a herbicide mixture of “Glyphosate”, “Hasten” and

“Colorfast” purple dye; the mix shall contain 5% glyphosate herbicide (53.8% formulation), 1% “Hasten” adjuvant, and .25% “Colorfast” purple dye. 100 gallons of herbicide mixture would thus be as follow:

92.75 gal. water

5.00 gal. of glyphosate

2.00 gal of “Hasten” adjuvant

0.25 gal “Colorfast” purple dye

Spray Buffers (Exclusion Areas):

Buffers will be designated by the Contracting Officer’s personnel at the time of treatment.

Buffers will be as follows:

Perennial streams = 300’ non treatment buffer blue/white stripe flagging

Intermittent streams = 150’ non treatment buffer blue/white stripe flagging

Ephemeral streams = 25’ non treatment buffer blue/white stripe flagging

All other special aquatic features = minimum of 25’ or as flagged on the ground non treatment buffer blue/white stripe flagging.

Other resource protection areas = pink/chartreus (bright green).

Excluded Vegetation:

Black Oak 1” base diameter and or 3’ in height.

Live oak 1” base diameter and or 3’ in height.

Elderberry

California nutmeg

Pacific Yew

Aspen

Fresno Mat

Washington Lilly

Red Hill Soap Root

Bear Grass

C.9.1 Supplemental Specifications Data Table

Item # Stand # Acres * Radius/Rates Mix/Method LOP

1 13 1 5’ Radius Hand Release None

1 14 2 5’ Radius Hand Release None

1 15 2 5’ Radius Hand release None

1 16 8 5’ Radius Hand Release None

2 1 18 3%/1%/.25% Glyphosate /Hasten/Colorfast purple None

2 2 12 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None

2 3 5 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None

2 4 10 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 5 7 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 6 18 3%/1%/.25% Glyphosate/Hasten/Colorfast Purple None 2 7 11 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 8 9 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 9 5 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 10 129 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 11 27 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None 2 12 14 3%/1%/.25% Glyphosate/Hasten/Colorfast purple None

3 17 38

5%/1%/.25% Glyphosate/Hasten/Colorfast purple None

*Acres are estimated quantity, subject to FAR 52.211-18 Variation in Estimate and Quantity.

SECTION E--INSPECTION AND ACCEPTANCE

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.aquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1 Sampling [ x ]Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

[ ] 1/250 acre

[ ] 1/100 acre

[x] 1/50 acre

[ ] 1/10 acre

[ ] other (specify)

[ ]Transects.

[ ]Other (specify)

E.2 Specific Inspection Procedures

The Contracting Officer or their Representatives will make visual inspections while work is in progress for compliance with terms of the contract.

Additionally, the Contracting Officer or their Representative may make a systematic inspection using 1/50th acre (16.7’ foot radius circle on a horizontal plane) plots to calculate an inspection quality based on application coverage and crop tree damage. Plots will be selected randomly and will not overlap. Sufficient plots will be taken to achieve a 1% sample of treatment area

(i.e. 1 plot for every 2 acres). Results will be recorded on inspection forms.

The quality of application coverage will be determined by observing the indicator dye or colorant on the target vegetation surfaces. To determine this, the inspection plots will be divided into four (4) quadrants on cardinal direction (North, South, East and West). Each quadrant will be examined for coverage and comparing the coverage to the “APPLICATION

COVERAGE” chart in Section J. Exhibit A. of this contract. If more than 90% of the target vegetation surfaces within the quadrant have been treated to specifications, it will be considered acceptable.

To determine the percent of satisfactory coverage, the total number acceptable quadrants will be divided by the total number of quadrants examined, then multiplied by 100 to give a http://www.arnet.gov/far/ percentage. For example, out of a total of 30 plots examined, (120 quadrants), 112 quadrants received acceptable coverage:

112 / 120X 100 = 93%

Tree damage will be determined by inspecting each crop tree on the inspection plot. Crop trees will have unacceptable levels of damage if the following occurs:

1: Herbicide mixture or damage on more than 25% of the green crown./

2: Evidence of any amount of herbicide or damage on terminal leader.

3: Any mechanical damage to the boles, limbs, terminal leader of the tree.

Tree damage will be determined by dividing the number of damaged trees by the total number of trees in all inspection plots. Percent of damage trees in excess of 5% will be deducted from the inspection quality.

To calculate inspection quality, inspection plots will be grouped by stand, and then stands will be grouped in order of treatment until the total number of plots equals or exceeds 30. An inspection quality percentage will then be calculated for each such group. Results will be rounded to the nearest whole percent.

EXAMPLE INSPECTION QUALITY CALCULATION: Inspection of two stands yields 25 and 15 plots respectively, which are then grouped to exceed 30 plots. In the total of 40 plots, 152 of 160 quadrants are acceptable, and 12 of 200 crop trees are damaged. The overall inspection quality would be calculated as follows:

Application coverage = 152 / 160 X 100 = 95%

Crop tree damage = 12 / 200 X 100 = 6%- 5% = 1% deduction

Inspection quality = 95% - 1% = 94%

Inspection results will be available to the contractor upon request.

E.3 Acceptance

The following clauses which affect acceptance are incorporated by reference in Section I:

Responsibility for Supplies, Clause 52.246-16

Use of possession, Clause 52.236-11

Work on this contract will be deemed acceptable when the government’s visual inspection show acceptable performance and sample plot data indicate a work quality of 90% of higher.

See Section G regarding method of payment.

E.4 Government Inspections

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

The Contracting Officer's Representative or designated inspector will conduct all inspections.

The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis.

Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received if the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the

Contractor.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable.

Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken.

The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

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

If the reinspection results are within five percentage points of the first inspection, the

Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The

Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

SECTION F--DELIVERIES OR PERFORMANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work within 3 calendar days after the effective date of the Notice to

Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

1 May 1st, 2016 4 calendar days

2 and 3 May 15st, 2016 26 calendar days

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

[ ] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

[ ] In the event of award of more than one item to one contractor, times will run consecutively.

Time on the second item will begin automatically the day following expiration of time

(including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting

Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

http://www.arnet.gov/far/

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. [ x ] No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

B. [ ] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

Measurement Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[ x ] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement.

The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global

Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

A. [ ] Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

B. [ x ] Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

C. [ ] Liquidated damages will be charged as follows:

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the

Government arising by virtue of this contract, other than claims, in stated amounts, that the

Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices.

A. [ ] Payment will be processed using Form FS-6300-30, Contract Pay Estimate and Invoice, prepared by the C.O.R. The Contractor need not submit any other invoice, nor is Contractor required to sign any invoice except the last.

B. [x] Payment will be made from Contractor's invoice.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time)

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

NONE.

SECTION H. SPECIAL CONTRACT REQUIREMENTS.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Crew superintendentent(s)/ Foreman(s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Emergencies Fire Plan

[ x ] See Section J, Fire Plan

[ ] Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan

(Section J):

[ ] (a) Trail Maintenance -50 meters on either side of the centerline

[ x ] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in

[ ] (c) Special for this project:

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting

Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The

Contractor shall have a person on-site that is fully conversant in the English language.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities

Act (l6 USC 433)--will be identified for the contractor before work commences.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and

Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by

Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the 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 and construction equipment and such brushing equipment as brush hogs, masticators, and chippers;

it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act

(MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of

Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR)

Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

http://www.dol.gov/whd/mspa/index.htm

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the

Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S.

to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor

Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving 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.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or…