Attachment 02 Specifications.pdf

Specifications

127EAS22Q0014

HUD FUELBREAKS

STANISLAUS N.F. and BLM

C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work

Description of Work: The intent of this contract is to secure services to create shaded fuel breaks by treating hazardous fuels and disease/insect tree mortality areas on the Stanislaus National Forest and adjacent/nearby Bureau of Land Management (BLM) to reduce fire risk. This treatment shall be completed by using hand cutting, hand piling, machine cutting, grapple piling, dozer piling and mastication methods of live and dead shrubs, conifers, hardwoods and slash. Each unit may require multiple types of equipment and/or treatments to achieve desired reduction of fuels. Unless direct treatments are listed by the Contracting Officer, it will be the Contractor’s responsibility to determine which methods shall be used to meet treatment requirements for each unit.

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.

C.2 Project Location & Description

Location: The Project is located near the communities of Groveland, Big Oak Flat, Tuolumne City and Twain Harte and adjacent to the 2013 Rim Fire burn area. Treatment areas are located on the Groveland and Mi-Wok Ranger Districts, Stanislaus National Forest and BLM lands adjacent to the Forest.

Description: Units contain standing dead and down conifers and live conifers in various size classes and shrubs of various species and sizes within a variety of vegetation types, density and heights, logging and debris slash. Unit boundaries are not flagged. All unit boundaries have been identified by using GPS and GIS systems. Work Units are identified on unit maps located in Section J. The contractor shall have GPS and GIS capabilities and devices to use for unit boundary location.

Control Areas 1 (CA-1) listed in data table are NOT designated on contract maps. CA-1 areas will be discussed with Contractor prior to work beginning in each unit.

Accessibility: It shall be the responsibility of the Contractor to determine the most suitable route to the project area. The Government will not provide special maintenance nor snow plowing to open roads or keep roads open. All transportation of equipment, personnel, and supplies shall be the responsibility of the Contractor.

The contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on state, county, and private roads.

C.3 Maps

Any maps included in Section J are general in nature and are not to be considered as definitively identifying locations.

Contractor shall be required to have a Global Positioning System (GPS) and a mobile electronic device with GPS capabilities (i.e. smart phone, tablets) with a program capable of reading a .pdf map for each piece of equipment and/or crew. A good program example is Avenza. Devices using GPS must have sub-meter accuracy and be capable of accepting/uploading shapefiles or track logs compatible with ARCGIS

10.3 or newer.

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.4 Estimated Start Date & Contract Time

Estimated Start Date: April 4th, 2022

Number of Calendar Days Required:

Item 1: 240 days

See 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, 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. Operations shall not occur during or 1-2 days after a storm event (1/2 inch of precipitation or greater) unless authorized by the Contracting Officer. Forest Service may require the review of soil and conditions by soil scientist before operations can resume after a storm event. By written agreement, operations may occur if ground conditions are frozen.

4. Soils in the operating area must be dry enough to prevent rutting by a single pass of the equipment.

5. Contractor's equipment shall not cross meadows, "wet" stream channels, or other non-work areas, except by prior, written agreement with Contracting Officer.

6. Hours of Operations: Contractor shall limit treatment operations within 300 feet of residences to weekdays and non-holidays only, between the hours of 7:00 am and 7:00 pm. Servicing and maintenance of machinery and equipment is excluded from this limitation.

C.6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here.

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.

Other: Workmans Compensation

C.7 Technical Requirements

C.7-1 Definitions

Brush – Live scrub vegetation, though some may be over 20 feet tall or woody plants such as Arctostaphylos species i.e. (manzanita), Ceanothus species i.e. (deer brush) and various other species.

This does not include small conifers.

Chips - The woody residue resulting from the mechanical shredding/chipping activity. Residue size is usually less than 2 inches, but occasionally is up 2 feet in length.

Chip size for mastication.

FINE TREATMENT

a. 75% <=6 inches (15.2 cm) in length

b. 20% >6 inches (15.2 cm) and <2 feet (.6 m) in length

c. 5% 2 feet (.6 m) through 6 feet (1.8 m) in length

d. With accumulations not exceeding 12 inches (45.7 cm) in depth

Conifer- A cone bearing tree with needles or leaf scales including, but not limited to ponderosa pine, sugar pine, incense cedar, Douglas fir, giant sequoia, and bull pine (also known as Grey pine); does not necessarily have cones at any given time.

Controlled - area within contract boundaries designated to be protected from all Contractor operations, these areas will be flagged on the ground and avoided during all operations.

Damage Tree (Created) - Any damage created by work under this contract. Includes the stripping or removing of branches and debarking the bole of a leave tree in excess of ¼ of the circumference of the tree.

Damage Tree (Existing) – Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment. Indicators include dead or broken tops or branches, or debarking extending more than ¼ of the circumference of the tree.

Diameter at Breast Height (dbh) - The diameter of the main trunk of a tree/shrub measured at 4.5 ft.

above ground level.

Downed Log –All or part of the trunk of a felled tree greater than 10 inches in diameter at the mid-point and at least 10 feet in length. Includes logs in all of the various stages of decomposition.

Hardwood – A tree with broad, flat leaves including but not limited to oak, maple, willow, alder, cottonwood or dogwood.

Horizontal Plane – Acreage measured as though the terrain were level, with no adjustment for changes in slope.

Landscape Design- The design of a large area composed of interacting ecosystems that are repeated due to factors such as geology, soils, climate and human impacts.

Limited Operating Period (LOP) - A specified period of time during which certain activities are prohibited.

Mastication – The physical process of cutting, shredding and/or chipping vegetation.

Mineral Soil - State of soil, generally below where humus and large organic matter is present; absence of combustible material.

Logging Slash – Slash/Debris created from previous logging or fuel treatment projects.

Residual Tree or Leave Tree – Live tree(s) to be left standing and undamaged that comprise the forest following the Contractor’s operations.

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

Shred/Cut/Chip - The physical process of cutting, shredding and/or chipping vegetation using a cutter head powered by hydraulic or mechanical means.

Slash – Debris consisting of portions of brush and /or trees created naturally, by work under this contract or debris created prior to this contract including all brush and cut trees, tops, trunks, and branches. Material with diameters of 1 inches (cm) and larger, and over 3 feet (cm) in length.

Snag- Standing dead tree

C.7-2 Specifications General

All areas within the unit boundaries shall be treated. Units may require a combination of treatments to achieve contract requirements. Mechanical equipment and/or hand crews will create a shaded fuel break by masticating or cutting and piling surface and ladder fuels. Generally, trees less than 12-inches DBH and brush would be removed to create a shaded fuel break condition. Residual trees will be spaced to break up the vertical and horizontal continuity of fuels; reduce between crown contact to less than 10% and achieve an average crown spacing between 5 feet and 1 full crown width. Dead trees of any size will be removed from the fuel break. Due to recent prolonged drought and increased bark beetle activity, a significant amount of dead trees and down logs may have to be treated.

Hand crews will be used on areas such as but not limited to; steep slopes, rock outcrops, within 15 feet of watercourses or other areas that are not accessible to equipment.

Excessive residual stand damage may result in contract shut down and/or default. No more than four

(4) damaged trees per acre will be permitted. If in the opinion of the Contracting Officer damage is excessive, the Contractor shall be required to alter his operations to prevent the occurrence of such damage. If more than four (4) damaged trees per acre exits a cost of $50.00 per tree will be charged.

Riparian vegetation shall not be cut or damaged.

Contractor’s equipment shall not cross meadows, “wet” stream channels, private property or other non-work areas, except by prior, written agreement with Contracting Officer.

Equipment tracks shall not occur within 15 feet of the highwater mark on ephemeral, perennial and intermittent stream channels. All slash and woody debris within stream channel shall be removed by hand or machine and piled according to the pile requirements.

Equipment shall be kept free of debris accumulations that may result in fire starts.

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

Brush, dead trees, and slash shall not be pushed into leave trees or drainages and left untreated. Brush shall be treated prior to tree processing in any given area. Tree slash lying on top of untreated brush will result in failure to pass inspection.

Soil displacement shall be minimized by working the equipment in as straight a line as possible, parallel slopes, given the known limitations of residual trees and terrain. Rutting depth shall not exceed 4 inches over 90% of the area. Rutting depth is measured from the top of the undisturbed litter/duff layer to the top of the duff in the rut (“duff-to duff”). Soils in the operating area must be dry enough to prevent rutting by a single pass of the equipment.

The contractor shall protect all steams, roads, structures, private property, protected sites, improvements, telephone lines, established trails, stock driveways, fence lines, established land corners or other improvements within or outside of treatment unit.

The contractor shall protect and remove all material or debris resulting from contract operations that is distributed within or outside of treatment unit or on Lava caps, streams, roads, structures, private property, protected sites, improvements, telephone lines, established trails, stock driveways, fence lines, established land corners or other improvements. Any trees falling on or into such areas as described shall be removed and any resulting damage shall be immediately reported to the Contracting Officer.

The Contractor shall be responsible for contacting all utility companies to determine the location of under and above ground utilities. The contractor shall protect or avoid these utilities during all operations of this contract.

Waterbars in skidtrails, firelines, and roads disturbed by the Contractor shall be restored to condition prior to damage at the Contractor’s expense.

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 Improvements: Contractor shall protect improvements from damage and shall be responsible for their timely restoration if damaged by Contractor's Operations. Improvements include but not limited to water tanks, fences, gates, pipelines, culverts, helispots, existing roads, underground cables, and all private property.

Tracked equipment shall not be walked between units on paved or chip-sealed roads. The walking of equipment between units shall be worked out with the Contracting Officer, to avoid the possibility of Control Area or resource damage

Exit and entry of units will be confined to within unit boundaries unless otherwise stated by the Contracting Officer. Entry and exit of units along Highway 120 will be limited to roads adjacent to the units. Entry and exit points to the unit will be chosen in a manner as to reduce resource damage and soil erosion.

Prevention of Oil Spills: If Contractor maintains storage facilities for oil or oil products on Project Area, Contractor shall take appropriate preventative measures to insure that any spill of such oil or oil products does not enter any stream or other waters.

If the total oil or oil storage exceeds 1320 gallons (4996 liters), or if any single container exceeds a capacity of 660 gallons (2498 liters), Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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) by AVOIDANCE, unless treatment of site is directed by Contracting Officer and a cultural resource specialist is present. Contractor 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 halt and notify the Forest Service if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Forest Service 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.

Contractor shall ensure that equipment (as described above) moved on to National Forest Land is free of soil, vegetative matter or other debris that could contain or hold seeds of noxious weeds. For purposes of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this project.

Equipment shall also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds.

Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of this provision and shall notify Forest Service prior to moving each piece of equipment onto National Forest Land. Notification will include identifying the location of the equipment's most recent operations. If the prior location of the equipment cannot be identified and certified free of noxious weeds, Forest Service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, arrangements will be made for the Forest Service to inspect each piece of equipment prior to it being placed into service.

Contractor shall certify in writing compliance with the terms of this provision prior to each start-up of contractor operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be moved in later, will be identified in the certification. For the purposes of this provision, "equipment" includes all tracked vehicles and their attachments. Transports used for hauling equipment, pickup trucks, cars, or other vehicles used to daily transport personnel are not considered equipment as relates to this clause.

Control of Dust Near Sensitive Areas: The Contracting Officer may require the Contractor to cease operations when the wind speed is such that dust from operations will blow into sensitive areas.

Sensitive areas are those occupied by the public including developed campgrounds and residences.

Periods of shut down will not count against the Contractor's time.

Road Maintenance: Contractor maybe required to furnish equipment to abate dust on roads with water, this treatment may require multiple applications daily. Water source location shall be determined by Contracting Officer. Contracting Officer shall determine if dust abatement is necessary.

The Contractor shall remove all trash from the work site.

All units shall be worked in a systematic method that will be addressed in the Project proposal under “Work Methods.

A. DOZER PILING:

Slope limits from 0%-35%.

a. A brush rake shall be suspended near ground level (approximately 6 inches above ground level) to prevent soil and duff from being piled.

b. Dozer piling Brush Rake: Heavy duty brush rake with teeth minimum of 12 inches (30 cm) long; spacing between teeth, 6 inches (15 cm) minimum, 22 inches (56 cm) maximum.

c. Dozers must be equipped with a hydraulic blade.

B. GRAPPLE PILING:

Slope limits from 0%-45%. A maximum ground pressure of 8 pound per square inch (PSI).

C. FELLER BUNCHER:

Slope limits from 0%-45%. A maximum ground pressure of 8 pound per square inch (PSI).

D. MASTICATION:

Slope Limits from 0% -45%. A maximum ground pressure of 8 pound per square inch (PSI). A boom maybe required to achieve vegetation treatments.

The mechanical process of cutting, shredding and/or chipping vegetation, using a power cutter head, into residue pieces (6) inches (15.2 cm) in size, but commonly up to four (4) feet (1.2 m) in length. No piece size 2 feet (.6 m) in length or longer shall have a diameter exceeding three (3) inches (7.6 cm) in thickness. No individual pieces of slash or vegetative debris shall be greater than 6 feet (1.8m) in length.

Where this treatment is performed, trees shall be masticated and if needed scattered. Resulting residue pieces shall meet the following specifications dependent upon stated level required:

FINE TREATMENT

75% <=6 inches (15.2 cm) in length.

20% >6 inches (15.2 cm) and <2 feet (.6 m) in length.

5% 2 feet (.6 m) through 6 feet (1.8 m) in length.

With accumulations not exceeding 12 inches (45.7 cm) in depth.

E. Cutting of Material:

Accessible areas and on slopes less than 45% equipment that meets the requirements in C.7-2 may be used.

Hand cutting is required on slopes over 45% and/or areas where equipment cannot access. This includes areas where live trees will be damaged by equipment.

All shrubs, slash and snags will be cut. Oaks and conifers up to 12 inches will be cut to meet our desired condition of a shaded fuel break, see details above.

Buck and pile all down logs and slash according to pile requirements.

All stumps must be less than 8 inches in height.

COMMON TO ALL PILES:

All felled snags, dead brush skeletons, down woody and live vegetation material shall be piled unless mastication is the treatment.

Piles shall be neat, compact and sufficiently free of dirt (less than 10 % soil material).If piles do not meet this requirement they will need to be respread and rebuilt. Pile slash, felled trees, snags, vegetation and down woody material to the following standards:

1. Piles constructed by hand a minimum height of 5 feet and between 8 to 30 feet in diameter.

Piles constructed by mechanical equipment piles minimum height of 10 feet and a diameter not to exceed 70 feet.

2. All downed material shall be bucked into 10 foot lengths to produce a tight pile with minimal airspace. No piled material shall protrude more than 3 feet outside main pile diameter.

3. Piles shall be located to minimize damage to residual trees (at least 25 feet from the dripline) to avoid ignition during burning operations. No piles shall be located within 25 feet of ephemeral stream channels, nor within 50 feet of perennial or intermittent streams and other flagged sensitive sites within the project area. All piles shall be at least 100 feet from all buildings. Piles will be built in a vertical- conical arrangement, NOT in a flat/stacked manner.

4. Piling shall be accomplished with minimal disturbance to top soil and effective ground cover (See Definitions). Retain 50% effective ground cover on slopes less than 25% and 60% cover on steeper slopes and within. Minimize turning of tracked equipment within 150 feet of intermittent or ephemeral streams and riparian areas, and within 300 feet of perennial streams.

5. An eight foot fuelbreak shall be cleared of all but fine material around each pile and an 18 inch wide fireline shall be cleared to mineral soil around the outer ring of the fuelbreak. In areas where there is a potential for burning material to roll, firelines shall be trenched on the downhill side of each pile to adequately prevent material from crossing firelines; In addition to trenching, material shall be piled perpendicular to the slope to prevent it from rolling.

All piles shall be covered on the top with a minimum of a 4 foot by 4 foot piece of Kraft paper or polyethylene sheeting 4 mil thick and covered with enough slash so as the paper does not fly away. The purpose of this is to maintain a dry area in the pile to ease ignition operation in the future.

Performance Requirements Summary

Slash piling: 95% or more of all slash designated for piling shall be piled.

Slash piles: Constructed piles shall be 90% or more soil free. 95% or more of all piles constructed shall be compact/ tight piles and shall meet size specifications. 99% or more of all piles constructed shall be covered with the required covering.

Slash pile fuel break/fire line: 95% or more of all piles constructed shall meet fuel break/ fire line requirements.

Dead tree/snag cutting: 95% or more of all dead standing trees that are designated for cutting shall be cut following the requirements specified above. This shall be counted on an individual stem basis. Each individual stem originating from the ground shall count as a single stem.

Stump heights: 95% or more of all stumps shall be 8 inches in height or less.

Mastication: 95% or more of all treatable material will be done.

C.7-3 Contractor-Furnished Equipment

Prior to award, the Government reserves the right to inspect the equipment to be furnished. If the equipment is found to be in such condition to indicate the need for frequent repairs and delays in performance, it shall be rejected. The decision of the Contracting Officer shall be final as to whether equipment is in suitable condition for acceptance.

Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. The required equipment shall meet the following specifications:

Machine cutting/piling equipment shall be of the low ground pressure type – example: excavator or similar tracked equipment with a maximum ground pressure of 8 PSI.

All equipment must be in good running condition with no excessive fluid leaks or overheating.

Contractor shall be responsible for all fuel, lubrication, repair, and replacement for equipment.

Contractor shall provide all tools and equipment for self and employees. All equipment must be equipped with the tools and supplies necessary for making emergency and routine repairs and servicing.

All equipment and service/transport vehicles must be equipped with the required fire tools. See Section H.

All chainsaws or other motorized equipment shall be equipped with Forest Service approved spark arresters. Spark arresters are not required on equipment powered by exhaust-driven turbo-charged engines or motor vehicles equipped with a maintained muffler as defined in California Public Resources Code, Section 4442 and 4443.

Kraft paper or polyethylene sheeting 4 mil thick.

Contractor shall be required to have a Global Positioning System (GPS) and a mobile electronic device with GPS capabilities (i.e. smart phone, tablets) with a program capable of reading a .pdf map for each piece of equipment and/or crew. A good program example is Avenza. Devices using GPS must have sub-meter accuracy and be capable of accepting/uploading shapefiles or track logs compatible with ARCGIS

10.3 or newer.

C.7-4 Government-Furnished Equipment

Maps, Electronic shapefiles or track logs for uploading in GPS or mobile electronic device (smart phone, tablets).

(C.7-5 Limited Operating Period (LOP) and Special Exclusion Areas

There shall be a LOP’s or special exclusions areas on the following units.

Item #1 Unit # 13 Bicycle trial

Item #1 Unit # 8 150’ buffer Hell’s Hollow creek

Item #1 Units # 7,8,9,13,15 3/1 - 8/15 CA Spotted Owl

Item #1 Unit #13 3/1 - 8/31 GGO

Item #1 Unit #8 2/15 – 9/15 NOGO

Item # 1 All Limited daily operations, see (C.5-

6) above

SECTION E -- INSPECTION AND ACCEPTANCE

Contractor Inspection Requirements (FAR 52.246-1)(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.

Inspection of Services—Fixed-price (FAR 52.246-4)(AUG 1996)

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

E.1 Sampling (Government’s Inspection System)

[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

[ ] 1/50 acre

[ ] 1/10 acre

[X] 1/20 acre (radius 26.2 ft.)

[ ] Transects.

[ ] Other (specify)

E.2 Specific Inspection Procedures

The Contractor shall submit a unit to the Contracting Officer for acceptance only when the Contractor's inspections for quality control assure the work specifications have been met. Government inspection may be by work observation, measurement by pacing, tape, clinometers, prism, ocular estimation, and progress of work over time, or by formal inspection. Formal inspections will inspect at least one percent of the work unit on a systematic plot basis, plots will be 1/2Oth acre radius (26.2 feet) and will address the work specifications.

Measurable Performance Standards:

* Treatment of slash, shrubs trees

* Slash Pile Fuel Breaks

* Amount of soil in piles

* Compact and tight piles

* Stump height

* Area treated

* Paper/Plastic placement

E.3 Acceptance

Work on this contract will be deemed acceptable when the above measurable performance standards are met.

E.3-1 Government Quality Assurance Plan

The Government will conduct inspections of each unit to determine work quality. Initial inspections will consist of a 100 percent visual inspection and will be bases on adherence to the specific tasks listed in the contract. The Government may also install a series of circular plots. Plots will be randomly located throughout each sub-item to obtain a representative sample of work. Plot size 1/20th of an acre.

After inspection of all plots for a unit, the quality shall be calculated as follows:

(Total number of acceptable plots) X 100 = Performance Quality Percent

(Total number of plots)

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.

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 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. [X] Payment will be made in full if inspection results are 95 percent or higher. No payment will be made if inspection results are less than 95 percent.

B. [ ] 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 submitted through IPP.

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

SPECIAL CONTRACT REQUIREMEMENTS

STATE OF CALIFORNIA HUD ADDITIONAL REQUIREMENTS

This project is funded through the State of California Department of Housing and Community Develop.

All Contractor’s shall fully comply with the additional requirements included in the State of California Department of Housing And Community Development Provisions which are included in the addendum attached.

Please note that most provisional requirements are already covered in similar FAR clauses issued in the parent IDIQ. See attached addendum for further information.

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.

Maps, Electronic shapefiles or track logs for uploading in GPS or mobile electronic device (smart phone, tablets).

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) Fuels Reduction 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.

Archeological and Historical

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.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

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

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

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

Erosion Prevention Control

Contractor’s operations shall be conducted to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will occur. The kinds and intensity of erosion control work done by the Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If the Contractor fails to do seasonal runoff erosion control work prior to any seasonal period of precipitation or runoff, the Contracting Officer may temporarily assume responsibility for the work, at the contractor’s expense. Damage resulting from the failure to perform required work shall be repaired by the Contractor at the Contractor’s expense.

Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

Approval of Subcontracting

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work.

The written notification shall include as a minimum:

• The name, address and telephone number of the subcontractor.

• The date upon which the subcontract was entered into and its duration

• A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

• Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

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.

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

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.

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…