Attachment 01 Specifications Power Fire Precommericial Thinning.doc
DOC document 132 KB Posted
- Solicitation number
- 127EAS23Q0116
- Issued by
-
Department of Agriculture Forest Service
About this file
This document outlines technical specifications for a pre-commercial thinning contract solicitation issued by the Department of Agriculture Forest Service. The solicitation seeks thinning services across 34 stands totaling 580 acres within the Amador Ranger District of the Eldorado National Forest. Work will involve pre-commercial thinning of conifers to 135 crop trees per acre with uniform spacing. Technical specifications define crop tree selection criteria, slash treatment requirements, damage limitations, and other operational details. The estimated start date is September 15, 2023 with a performance period of 120 calendar days. Inspections will evaluate compliance with a minimum one percent sampling of treatment areas, and payment will be reduced by two percent for every one percent below ninety percent compliance.
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Other files
| File | Type | Posted |
|---|---|---|
| 127EAS23Q0116 ENF Power Fire Precommercial Thinning Solicitation.pdf | ||
| Attachment 04 Wage Determination.pdf | ||
| Attachment 03 PAL Fire Plan_Aug 2012.doc | DOC document | |
| Attachment 02 Maps.pdf |
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SECTION C – SERVICE
1-24-02
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
Description of Work: The intent of this contract is to reduce undesirable trees in reforestation stands by the use of hand held equipment. The areas will be treated in such a way that all technical specifications will be met.
Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, 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.
Before work starts the Contractor shall designate, in writing, a person to act for him during his absence from the work site. The Contractor shall list the extent of authority his representative will have on the job. The Contractor or his authorized representative shall be on the project area whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, his 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 his representative(s) shall have an oral command of the English language and the language common to the crew(s).
C.2 Project Location & Description Location: The project is located on the Amador Ranger District of the Eldorado National Forest.
The Amador Ranger District office is located at 26820 Silver Drive, Pioneer, CA 95666, approximately 18 miles (29km) east of Jackson, CA on State Highway 88. All work sites are within approximately 1 hour travel time from the district office. The location of the work sites, access to the area, size of stands, and other information pertinent to each treatment stand is contained on the vicinity and location maps and Supplemental Specifications Data Table.
Description: All stands are reforestation areas resulting from the 2004 Power Fire, containing various proportions of dense young trees and brush. Slope and aspect are variable, including significant steep (>35%) slopes. Elevation ranges from 4,000’ to 6,500’ above sea level.
Boundaries of treatment areas will generally be defined by the edge of the surrounding mature timber or other geographic features such as roads, ridges, and/or drainages. In cases where the boundary is unclear, the Government will, upon notice from the Contractor, either mark the boundary in question with blue and white striped flagging, or allow the Contractor to follow the boundary via GPS, on a case by case basis. All markings from previous treatments, including flagging of any color, will be disregarded.
Item 1, Pre-commercial Thinning (PCT) – Pre-commercial thinning of conifers will be performed in 34 stands, totaling 580 acres. Treatment areas will generally consist primarily of plantation trees, but will include residual young growth and natural regeneration which may be different in size from the plantation trees. All trees, planted and natural, within the treatment area must be thinned to specifications. Understory vegetation consists primarily of whitethorn and manzanita, with some areas of deerbrush, bearclover, grasses and forbs. See Supplemental Specifications Data Table for individual stand information.
Exclusions (non-work areas): Within the treatment area boundaries, the Government may exclude non-work areas, such as residual timber, rocky areas, archaeological sites, sensitive plant sites, wildlife areas, riparian areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas either verbally or with flagging.
Accessibility: All work areas are accessible by standard vehicle via the existing road system. However, some roads may be impassible due to mud, snow, or other conditions during the specified contract performance period. Specialized vehicles or walk-ins may be necessary in these instances. It is the Contractor's responsibility to reach the work site in order to complete the work in a timely manner. The Contracting Officer will determine the access routes which may be used.
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. Maps are general in nature and are not to be considered as definitively identifying locations.
C.4 Estimated Start Date & Contract Time
Estimated Start Date: 15 Sept 2023 Contract Time: 120 calendar days total 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 determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.
3. Work shall not be performed before 6:00 a.m. or after 6:00 p.m.
4. Work shall not be performed on Sundays or Federal Holidays.
5. Unless otherwise agreed, the contractor is expected to provide at least 2 crews, each consisting of a foreman plus 10 to 12 workers.
6. Once contract work has begun, replacement of crews will be subject to approval of the Contracting Officer.
7. Specific stands or portions thereof may have a limited operating period (LOP) during which work may not be performed. See Supplemental Specifications for more details. These restrictions may be lifted by the Contracting Officer based on field review at the time of treatment.
C.6 Licenses and Insurance
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: NONE
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 Definitions
| Bole: |
| The trunk or stem of a tree. |
| Brush: |
| A woody plant with no main stem. (e.g. deerbrush, manzanita) |
| Conifer: |
| A cone bearing tree with needles or leaf scales (e.g. pine, fir, cedar). |
| Created Damage: |
| Any damage created by work under this contract. Includes debarking of the stem or bole of a crop tree in excess of 25% of the circumference or longer than 10", root springing, or stripping and/or removing of branches. If branch damage occurs, the contractor will be required to prune the branch flush with the bole, but without damage to the branch bark collar. The Contractor may be charged for created damage. |
| Crop Tree: |
| A tree that is dominant, which has a straight bole and is healthy and vigorous in appearance, and on acceptable spacing from other crop trees. |
| DBH: |
| Diameter of a tree measured at 4.5 ft. above ground level on the uphill side of the tree. |
| Hardwood: |
| A tree with broad leaves rather than needles (e.g. oak, madrone). |
| Existing Damage: |
| Includes any defect or deformity of a tree resulting from such agents as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, large crooks, and debarking extending more than 1/4 of the circumference of the tree. The Contractor is not responsible for existing damage. |
| Grass & Forbs: |
| Vegetative material which grows and dies in one or two years. (e.g thistle, mullen) |
| Lop & Scatter: |
| Cutting off the limbs from the stems of the tree, and spreading the limbs, pieces and stems throughout the treatment area to keep the level of slash at or below the specified level. |
| Root Crown: |
| The enlarged portion of the plant where the roots and stem join; usually located just below the surface of the ground. |
| Slash: |
| Debris created from work under this contract. Include all cut trees and shrubs (boles, tops, limbs, and brush). |
| Snag: |
| A dead tree 20 feet or more in height and greater than 16 inches in D.B.H. |
| Spacing: |
| The horizontal distance from the trunk of one crop tree to the trunk of the next nearest crop tree. |
| Stand: |
| A specified treatment area which is shown on the contract map and/or data table, and identified by a unique name and/or number. |
C.8-2 Specifications
Prescription For All Stands:
Item 1 – Pre-commercial Thinning (PCT): Thin conifers to 135 crop trees per acre (approximately 18 foot spacing), with as uniform of spacing as the existing stocking and desired species mix allows. Retain well-formed trees with single leader, straight bole, increasing internodal length, full crowns, long needles, local dominance, dark green foliage, absence of diseases or insect problems, and no physical damage.
Work Methods and Standards:
1. The contract crew(s) shall work through each stand in an organized fashion, and complete all required work in each stand before beginning work in another stand.
2. The entire area within the boundaries shall be treated except protected areas specifically designated to be left untreated.
3. All trees that need to be removed in order to meet spacing and stocking specifications within designated stands shall be treated.
4. Land survey corner monuments, bearing trees, and witness markers shall be protected from damage. Corners have been posted with signs and/or flagged with red ribbon.
5. Damage to roads, culverts, fences, land survey monuments or other improvements, caused by this operation, shall be restored to their condition prior to damage, at the Contractor's expense.
6. All standing oaks will be left standing and undamaged.
Selection of Crop Trees:
Conifer Trees: Only non-crop conifer trees shall be cut to provide the desired stocking. Spacing may vary up to 40%, as long as the average number of trees per acre does not vary more than 10% from the required final stocking. Cut trees shall be selected by the contractor in order to meet stocking and species mix requirements. In choosing crop trees, the following classes shall be considered: (see chart below)
| Characteristics of Acceptable Crop Tree |
| Characteristics of Cut Trees |
| 1. Dominance- Trees are taller than others of same age class. |
| 1. Suppressed trees, shorter than others. |
| 2. Foliage- dark green color, thick over entire tree. |
| 2. Yellow or reddish color, sparse foliage, tree crown has gaps. |
| 3. Straight Bole. |
| 3. Bent, crook or fork. |
| 4. Single branch terminal. |
| 4. Two or more leaders of approximately equal length. |
| 5. Free from physical damage. |
| 5. Shows damage caused by rolling rocks, falling trees, frost cracks, animals. |
| 6. Free from insect,disease, or animal damage. |
| 6. Shows insect or disease damage by color of foliage, pitch of stem, deformities of tree. |
Hardwood Trees: No hardwoods 4" DBH or larger will be cut.
Standing Dead Trees: No dead trees will be cut.
Merchantable Timber: No trees shall be cut that exceed 10" DBH and meet minimum merchantable timber specifications (i.e. would produce at least a 10' straight log with a 6" diameter inside bark at the small end).
Crop Tree Species Mix: Ponderosa Pine and/or Jeffrey Pine are the predominant species in these plantations, but a mixed conifer stand is desired. Therefore, the other species selection will be based on the criteria listed above, except dominance, if the height is at least 1/2 that of the dominant pine. Other species selection, in descending order of priority, will generally be Sugar Pine, Douglas Fir, Giant Sequoia, Red Fir, Incense Cedar, White Fir. All Lodgepole Pine will be cut unless no other conifers exist to provide stocking to meet spacing requirements. The Government reserves the right to alter species selection priority as needed in individual stands.
Stump Treatment: All stumps shall be less than 6" inches high on the uphill side. All treated vegetation shall be severed from the stump or uprooted. No live limbs shall be left on the stump.
Slash Treatment:
(a) All cut trees shall be bucked at least in half, and to a maximum of 10 feet in length, and limbed to meet the slash height requirement.
(b) Slash shall not exceed 18" from ground level. All slash shall be removed from within 5 feet of the bole of the crop trees.
(c) All slash shall be removed from creek drainages and roads, including associated cut banks and drainage ditches.
Contractor Damaged Trees: The contractor shall perform work in such a manner that unacceptable damage is not incurred to crop trees. See Definition of Terms for the classifications of damage. Damaged crop trees may be subject to Liquidated Damages as described in Section G.
Invasive Plants:
Known invasive plant populations are shown on the contract detail maps. The contractor shall avoid disturbance in these areas as much as practicable during treatment. This includes parking, staging, and other concentrated activities.
Excluded Vegetation:
California black oak (Quercus kelloggii)
California hazelnut (Corylus cornuta)
California nutmeg (Torreya californica)
Elderberry (Sambucus spp.)
Canyon live oak (Quercus chrysolepis)
Pacific yew (Taxus brevifolia)
Quaking aspen (Populus tremuloides)
Western dogwood (Cornus nuttallii)
Willow (Salix spp.)
C.8-3 Contractor-Furnished Equipment
The Contractor shall provide all tools and safety equipment necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.
C.8-4 Government-Furnished Property None.
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 roads which are damaged by the Contractor’s operations.
C.9 Supplemental Specifications
C.9.1 Supplemental Specifications Data Table
| Item |
| Stand |
| Acres |
| Map # |
| LOP |
| 1 |
| 128-231A |
| 3 |
| 2 |
| N/A |
| 1 |
| 128-231B |
| 11 |
| 2 |
| N/A |
| 1 |
| 128-231C |
| 12 |
| 2 |
| N/A |
| 1 |
| 128-232 |
| 24 |
| 2 |
| N/A |
| 1 |
| 128-250 |
| 6 |
| 2 |
| N/A |
| 1 |
| 128-253 |
| 8 |
| 3 |
| N/A |
| 1 |
| 128-351 |
| 62 |
| 2 |
| N/A |
| 1 |
| 129-230 |
| 25 |
| 2 |
| N/A |
| 1 |
| 129-231 |
| 15 |
| 2 |
| N/A |
| 1 |
| 131-255B |
| 8 |
| 1 |
| N/A |
| 1 |
| 132-250A |
| 13 |
| 1 |
| March 1 - August 15 |
| 1 |
| 132-250C |
| 4 |
| 1 |
| March 1 - August 15 |
| 1 |
| 132-258B |
| 10 |
| 1 |
| March 1 - August 15 |
| 1 |
| 132-259A |
| 10 |
| 1 |
| March 1 - August 15 |
| 1 |
| 143-311 |
| 49 |
| 3 |
| March 1 - August 15 |
| 1 |
| 143-312 |
| 13 |
| 3 |
| N/A |
| 1 |
| 143-313 |
| 24 |
| 3 |
| N/A |
| 1 |
| 143-314 |
| 17 |
| 3 |
| N/A |
| 1 |
| 143-315 |
| 2 |
| 3 |
| N/A |
| 1 |
| 143-316 |
| 4 |
| 3 |
| N/A |
| 1 |
| 143-317 |
| 48 |
| 3 |
| N/A |
| 1 |
| 143-318 |
| 21 |
| 3 |
| N/A |
| 1 |
| 143-319 |
| 16 |
| 3 |
| N/A |
| 1 |
| 143-320 |
| 6 |
| 3 |
| N/A |
| 1 |
| 143-321 |
| 13 |
| 3 |
| N/A |
| 1 |
| 143-322 |
| 3 |
| 3 |
| N/A |
| 1 |
| 143-352 |
| 9 |
| 3 |
| March 1 - August 15 |
| 1 |
| 143-353 |
| 8 |
| 3 |
| N/A |
| 1 |
| 143-354 |
| 30 |
| 3 |
| N/A |
| 1 |
| 143-355 |
| 5 |
| 3 |
| N/A |
| 1 |
| 143-356 |
| 23 |
| 3 |
| N/A |
| 1 |
| 143-357 |
| 12 |
| 3 |
| N/A |
| 1 |
| 143-358 |
| 52 |
| 3 |
| March 1 - August 15 |
| 1 |
| 143-359 |
| 14 |
| 3 |
| March 1 - August 15 |
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.arnet.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 Government may inspect the Contractor’s operation at any time to determine compliance with specifications. Payment will be made on the basis of a formal inspection employing a systematic survey to determine a work quality percentage (See also Section G, Payment). The survey will be performed after the Contracting Officer receives a written request from the Contractor. This survey will not be made until all work (including slash treatment) has been completed on at least 25% of the contract, or at the end of a 30 day period. Survey will not be made on partially completed stands. Work determined not to be in compliance shall be re-done by the Contractor at no additional cost to the Government.
Method of Survey: The survey will be performed with a random grid distribution of sample plots. Each stand will be inspected separately and results of one stand will not be averaged with those of other stands, excepting that stands having less than 30 plots will be combined in the order worked, until a minimum of 30 plots is reached.
Determination of Acceptability: Each plot will be evaluated on a pass/fail basis for compliance with C.8, Technical Specifications, including:
a. Spacing, stocking, and crop tree selection criteria are met.
b. Stump and slash treatment specifications are met.
c. Contractor created tree damage is within acceptable limits.
Plots will be averaged to calculate a work quality percentage for each stand.
Intensity of Survey: Minimum of one percent of the total area will be inspected in plots. A complete survey of the area for which payment is requested will be made on the first inspection. On subsequent inspections, the survey may be discontinued in any stand in which data shows that Specifications will not be met.
Maximum Number of Inspections: Failure of any area to comply with Specifications after three inspections of the same stand may be considered cause for terminating the Contractor's right to proceed with the work.
E.3 Acceptance
Work on this contract will be deemed acceptable when the Contracting Officer determines that the Technical Specifications and all other terms and conditions of the contract have been met. Work determined to be unsatisfactory shall be re-done by the Contractor at no additional cost to the Government.
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.
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.arnet.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)
Sept 15, 2023
120 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.
[X] 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.
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.
[X] 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. [X] Liquidated damages will be charged as follows:
Damaged leave trees will be charged at a rate of $6.67 per tree, when evidence of unacceptable levels of damage are found on more than 5% of the leave trees. The number of leave trees to be charged will be calculated as follows:
Tree damage is calculated by dividing the total number of damaged trees by the total trees in sampled plots. A penalty is assessed for damage in excess of 5%. The total damage percent is first multiplied by the total trees per acre, then by total acres per payment unit, and finally by $6.67 per tree. Trees per acre are determined by averaging the number of trees per sample plot multiplied by the reciprocal of the plot size.
EXAMPLE: 10 damaged trees, 150 trees inspected, 200 trees per acre and a 30 acre payment unit.
10 divided by 150 = 6.67% (percent damage)
6.67% - 5% = 1.67% (excess damage)
1.67% x 200 x 30 x $6.67 = $668.33
Therefore, $668.33 damages would be withheld from payment.
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)
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
SPECIAL CONTRACT REQUIREMENTS
Loss, Damage or Destruction
Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
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 both the English language and the language of the crew(s).
AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
_________Crew Superintendent(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.
Wages
[X] See Section J, Wage Determination
[ ] As of this date, no wage determination applicable to this specified locality and class of service employees has been received. The minimum wage specified in the Fair Labor Standards Act is currently $5.15 per hour.
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:
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.
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