Attachment 2 SOW Boggs rev 1 2020 jul 13.docx

PROJECT TITLE:

Boggs and Rock Creek Juniper Reduction Project

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one (1) Firm Fixed Price Commercial Items Service Contract in various areas within the Bureau of Land Management (BLM) Applegate Field Office Boundary are targeted for juniper reduction treatments based on canopy cover.

Estimated performance time: 09/30/2020 -09/30/2022 Option Year: 10/01/2022 -09/30/2023 Type of Contract: Service Firm fixed Priced (FFP) Single Award, Sole Source, Negotiated Contract

Unit of Measure: AC= Acre

FUNDED TASKS:

Item number

Item Description

Qty

Unit of Measure

Unit Price

Total

TOTAL FOR FUNDED TASK

OPTIONAL TASKS:

Item number

Item Description

Qty

Unit of Measure

Unit Price

Total

TOTAL FOR OPTIONAL TASKS

SOW 1.0 Background on the Government’s Requirement

The Boggs 1, Boggs 2, and Rock Creek Project would implement habitat restoration treatments to improve habitat for ungulates and greater sage-grouse (GRSG) through the removal of juniper and treatment of hazardous fuels associated with such activities on approximately 1,624 acres of public land administered by the Applegate Field Office (AGFO) in northwestern Washoe County, Nevada. The project area is located within the Vya PMU Habitat Restoration and Fuels Reduction Project (DOI-BLM-CA-N070-2013-0016-EA) area which includes the greater sage-grouse Vya Population Management Unit (PMU). The project area is within an area designated as priority (PHMA) and general habitat management areas (GHMA) for greater sage-grouse as identified in the Nevada and Northeastern California Greater Sage-Grouse Approved Resource Management Plan Amendment (DOI BLM, 2015).

SOW 2.0 General Scope of Work

Services include cutting western juniper with chainsaws on 1,112 acres within the Boggs 1 and Rock Creek juniper treatment areas. Two treatment methods based on juniper canopy cover would be utilized: 1) juniper trees in areas with >10% canopy cover would be cut, lopped, and piled and 2) juniper trees in areas with <10% canopy cover would be cut, lopped and scattered to a height less than three (3) feet.

The Contractor shall accomplish cutting, lopping and piling western juniper of moderate density (>10% canopy cover) on approximately 509 acres and cutting, lopping and scattering western juniper of light density (<10% canopy cover) on approximately 603 acres.

An additional 375 acres of lop-and-scatter and 137 acres of cut-and-pile within the Boggs 2 project area would be considered as an optional task to be completed under this contract. Optional tasks may be awarded to the awarded contractor as funding becomes available for optional tasks. The prospective contractor will be notified at least sixty (60) to ninety (90) days in advance if additional tasks will be awarded.

Place of Performance:

The services under this contract will be performed at two separate locations in Washoe County, Nevada. The Boggs 1 and 2 treatment areas are located east of Cedarville, CA and contains approximately 97 and 512 acres respectively of juniper reduction treatments. In addition, the Rock Creek project area is located northeast of Fort Bidwell, CA and contains approximately 1,015 juniper reduction treatments on public lands administered by the BLM Applegate Field Office (see attached maps). The project areas are located within Sections (or parts of Sections) of the following Township (T) and Range (R) identifiers:

Boggs 1:

T44N R17E Section 10 and 11

Rock Creek:

T46N R18E Sections 2, 3, 11, 12, and 13 T47N R18E Sections 21, 22, 23, 25, 26, 27, 28, 34, and 35

Boggs 2 (Optional Task):

T44N R17E Section 10 and 11

Driving Directions to Project Areas

Traveling from Alturas, CA to Boggs 1 Treatment Area From Alturas, California drive east on Highway 299/395 for approximately 6 miles. Turn right onto Highway 299 towards Cedarville, CA. Continue on Highway 299 for approximately 18 miles until you reach Cedarville, CA. From Cedarville, turn right onto County Road 15 dump road. Veer left near the gravel pit. Travel north on this road past the allotment gate with a milk carton on it. Turn right approximately one-half mile past the fence. Continue on this road past Level Reservoir. The road system is not maintained, travel via truck and/or crew van is possible; however, travel will be slow.

Traveling from Alturas, CA to Rock Creek Treatment Area From Alturas, California drive east on Highway 299/395 for approximately 6 miles. Turn right onto Highway 299 towards Cedarville, CA. Continue on Highway 299 for approximately 18 miles until you reach Cedarville, CA. From Cedarville, turn left at the four-way towards Fort Bidwell, CA. Continue on County Road 1 from approximately 25 miles until you reach Fort Bidwell. After traveling through Fort Bidwell, turn right towards Fees Reservoir on County Road 7. Turn left onto Barrel Springs road and continue of this road for approximately 8 miles. At the powerline road, turn left, the project area is located on both sides of the road.

Traveling from Alturas, CA to Boggs 2 Treatment Area (optional task) From Alturas, California drive east on Highway 299/395 for approximately 6 miles. Turn right onto Highway 299 towards Cedarville, CA. Continue on Highway 299 for approximately 18 miles until you reach Cedarville, CA. From Cedarville, travel east on Highway 299 towards the California-Nevada stateline. Turn left at the first cattleguard. Veer left near the gravel pit. Travel north on this road past the allotment gate with a milk carton on it. Turn right approximately one-half mile past the fence. Continue on this road past Level Reservoir. The road system is not maintained, travel via truck and/or crew van is possible; however, travel will be slow. Continue on this road to the project area.

Period of Performance:

The base-year period of performance shall be for 24 months with one (1) option year of twelve (12) months, for a total period of performance of 36 months. The option year is based on the availability of funding for additional tasks to be performed. The Period of Performance reads as follows:

Base year: September 30 (or contract award date), 2020 to September 30, 2022 Option year: October 1, 2022 to September 30, 2023.

PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

SOW 3.0 Overall Objective(s)

The objective of this work is to provide services for wildlife habitat and rangeland health improvement through the reduction and/or removal of western juniper on approximately 1,112 acres in Washoe County, Nevada on public lands managed by the Applegate Field Office. Furthermore, an additional 512 acres of juniper reduction treatments would be included as an optional task as part of this contract.

A site visit is recommended for this contract and will be offered on July 30, 2020. We will meet at the BLM’s Surprise Field Station at 602 Cressler Street, Cedarville, CA at 08:00 AM. Prior to the field tour, prospective bidders need to contact Andrew Mueller at 530-279-2707 to confirm if they intend to participate in the pre-bid tour or not no later than 48 hours prior to the date and time in which the pre-bid tour is scheduled to occur. Questions may be directed towards Andrew Mueller, Forester, Applegate Field Office or Tim Bowden, Wildlife Biologist, Applegate Field Office, 530-279-2723.

SOW 4.0 Specific Tasks

The Contractor will provide the following juniper treatment services:

Task 1: Cut, lop and pile of moderate juniper density (>10% canopy cover) on approximately 40 acres within the Boggs 1 treatment area and 469 acres within the Rock Creek treatment area. (total of 509 acres)

Task 2: Cut, lop and scatter of light juniper density (<10% canopy cover) on approximately 58 acres within the Boggs 1 treatment area and 545 acres within the Rock Creek treatment area. (total of 603 acres)

Optional Task 3: Cut, lop and pile of moderate juniper density (>10% canopy cover) on approximately 137 acres within the Boggs 2 treatment area.

Optional Task 4: Cut, lop and scatter of light juniper density (<10% canopy cover) on approximately 375 acres within the Boggs 2 treatment area.

Note: Approximately 1 acre within the Boggs 1, 3 acres within the Boggs 2, and 23 acres within the Rock Creek treatment areas will be excluded from treatment and are not considered part of this contract. Additionally, access to both the Boggs 1 and 2 treatment units is difficult as the roads are not maintained. Portions of the units can be accessed via truck and crew van; however, other portions of the units will likely only be accessible via UTV.

For both juniper treatment services including optional tasks, the following stipulations apply:

· The Contractor will be responsible for ensuring his or her crew can identify old growth juniper to ensure it is not accidentally cut or damaged. If old growth juniper are found to be cut by mistake or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. The Contractor shall pay a rate of $250.00 per tree for inadvertent cutting or willfully damaging of old growth juniper

· Designated trees within the project boundaries shall be completely severed from the stump(s). No live limbs shall be left on the stump of cut trees

· Stump height shall not exceed eight (8) inches measured on the uphill side. Stump height may be four (4) inches over the top of rocks or other obstacles that would damage the cutting surface of the machine or tool doing the cutting

· All juniper over two (2) feet tall and not meeting old growth requirements must be severed

· No driving off existing roads or two tracks is allowed except for emergencies

· No trees shall be felled across access routes or across fences. Any damage to fences resulting from this project shall be fixed by the Contractor, at the Contractor’s expense, on the same day that the damage occurred

· All slash shall be moved at least ten (10) feet back from the edge of roads and property boundaries between government and private land daily, before the crew leaves the project area. Slash shall not be left along any roadway

· The project area roads shall not be degraded or rutted by the Contractor’s activities. All project area roads shall be kept free of slash

· No work may be completed between March 1st and June 30th of any given year

For the cut, lop and pile juniper treatment, the following additional stipulations apply:

· At least 90% of the limbs from all felled juniper within the designated cut and pile acres will be piled

· Piles shall be a minimum of six (6) feet wide by six (6) feet tall and may be as large as fifteen (15) feet wide by fifteen (15) feet tall and constructed such that no piece of juniper extends more than two (2) feet from the concentration of the pile (see Appendix 2: Piling Specifications)

For the cut, lop and scatter juniper treatment, the following additional stipulations apply:

· All junipers felled will be lopped to within three (3) feet of the ground.

SOW 5.0 Delivery / Performance Schedule

The Contractor shall accomplish cutting, lopping and piling western juniper of moderate density (>10% canopy cover) on approximately 509 acres and cutting, lopping and scattering western juniper of light density (<10% canopy cover) on approximately 603 acres. An additional 375 acres of lop-and-scatter and 137 acres of cut-and-pile within the Boggs 2 project area would be considered as an optional task to be completed under this contract. The work is to be performed over a period of two years beginning on September 30th, 2020 and concluding on September 30th, 2022. An additional year beginning on October 1, 2022 and concluding on September 30th, 2023 will be added to the contract I sufficient funds are procured for 137 acres of lop-and-scatter and 375 acre of cut-and-pile within the Boggs 2 treatment area which is included in this contract as an optional task. The work to be performed under this contract is located in northwestern Washoe County, Nevada on public lands managed by the Applegate Field Office. There is no documentation or permits that need to be acquired by the contractor. Access to the project areas is across roads managed by the Applegate Field Office. The contractor will adhere to the seasonal timing restrictions for greater sage-grouse.

ADMINISTRATIVE SUPPORT

The Contractor shall provide the necessary administrative support activities to fully carry out the requirements of this contract. This will include but not be limited to the following administrative activities: Budget, Finance, Payroll, Environmental Quality, Safety, Personnel Management, Property Management, Supply Management, Maintenance Management, and a Quality Assurance Program. All administrative activities will be consistent with industry standards and performed as required.

CONTRACTOR REPRESENTATIVE

The Contractor will identify a Contractor Representative who will be responsible for the performance of the work. The name of this person who will act for the Contractor will be designated in writing to the (COR). The Contractor Representative will have full authority to act for the Contractor on all matters relating to daily operations of this maintenance service contract. The Contractor Representative will be available during normal business hours within 24 hours of notice to meet with Government personnel designated by the COR to discuss problems. The Contractor Representative must have a strong command of the English language; and be able to communicate both orally and in writing.

EMPLOYEES

Contractor personnel will present a professional appearance and be able to provide appropriate identification. This includes the display of proper identification by each employee. All Contractor and subcontractor personnel will be in compliance with all Federal and State laws relative to citizenship.

LICENSES

Contractor personnel will have valid State Driver’s Licenses for the vehicles they are operating. Contractor personnel will be properly trained to stay current with applicable regulations governing safe equipment operation. Contractor personnel will comply with all Federal, State, and local laws and regulations regarding pest management and the use of pesticides.

The Contractor will maintain a current list of all Contractor employees and their respective classifications, dates of certifications and job descriptions of those certifications.

QUALITY CONTROL

The Contractor will establish and maintain a complete Quality Control Plan (QCP) to assure the requirements of the Contract are provided as specified. One copy of the Contractor's QCP will be provided to the COR at the pre-award survey, or pre-performance conference when a pre-award survey is not held. A draft of the QCP is to be included in the Contractor’s proposal. BOR will review the QCP and make changes as necessary prior to award of the contract. The QCP must be provided to the COR no later than 14 days after the contract award date. The Plan will be revised in a timely manner whenever changes to the Plan occur. The plan will include:

QUALITY ASSURANCE PLAN

Scheduled and unscheduled surveillance reports may be utilized to record any observable, recordable defects of the Contractor’s performance. The resolution of any latent defects shall be in accordance with FAR Clause 52.246-04, Inspection of Services, Fixed Price, if included in the contract’s terms and conditions.

The level of surveillance shall be determined by the Contracting Officer’s Representative or project inspector. Increased or decreased surveillance of performance may be utilized in the performance of this contract.

A quality assurance evaluation shall summarize results from any observed and recorded defects in the Contractor’s performance. If an evaluation indicates that the overall performance is unsatisfactory, the following actions may occur:

1. A corrective action plan to improve performance may be issued.

2. Increased surveillance.

3. Payment deductions. Deductions are not penalties, but the cost incurred by the Government.

4. Continued unsatisfactory performance shall result in termination of the contract.

5. Possible reimbursement of expenses incurred by the Government for non-performance may be assessed.

Performance Evaluation Meetings The Contractor Representative will meet at least weekly with the COR during the first month of the Contract. Meetings will be as often as necessary thereafter as determined by the COR. However, a meeting will be held whenever a Contract Discrepancy Report (CDR) is issued. The Contractor will provide written minutes of these meetings and the minutes will be signed by the COR and Contractor Representative for concurrence.

Government Observations Government personnel other than COR may from time to time observe, photograph, or otherwise record Contract operations. However, these personnel will not interfere with Contractor performance.

Greening/Recycling/Waste Prevention Efforts: In accordance with federal efforts to reduce waste, the contractor shall also document all efforts related to recycling and waste reduction. Contractors shall provide products and services that include: alternatives to hazardous waste; bio-based products; non-ozone depleting substances; recycled products; and, environmentally preferable products as defined by the Environmental Protection Agency (EPA). Preferred products and categories are listed on the EPA’s web-site: http://www.epa.gov/epaoswer/non-hw/procure/backgrnd.htm ).

SAFETY REQUIREMENTS

Department of Labor Code of Federal Regulations Title 29 and other Federal, State and local government safety standards will apply in its entirety to the Contractor.

Safety of the Public Roads, subject to interference by the work, will be kept open or suitable detours will be provided and maintained by the Contractor. The Contractor will provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flagers, danger signals, signs, and shall take all necessary pre- cautions of the work and the safety of the public. Such work will be done in accordance with all applicable State, Federal, and local regulations.

Roads closed to traffic will be protected by effective barricades on which will be placed acceptable warning and detour signs. All barricades and obstructions will be illuminated at night, and all lights will be lighted from sunset until sunrise. Specific signs, barricades, and flagmen requirements are detailed in the American National Standards Institute "Manual on Uniform Traffic Control Devices for Streets and Highways" (ANSI D6.1). The Contractor must conform to these standards and all other applicable Federal, State and County regulations.

Safety and Health The Contractor will not require, or allow any employee, engaged in the performance of this Contract to work under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under safety and health standards promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as amended and other Federal, State and applicable local government safety standards. The worker is ultimately responsible for his/her own safety and shall not be required to perform work he/she believes to be unsafe.

The Contractor will fully comply with Federal, State and local government safety and health standards and amendments or revisions thereto in effect on the date of the Contract. Federal Standards are available from the Government Printing Office in Washington D.C. Construction Safety and Health Standards promulgated by the Secretary of Labor may be obtained from any regional or area office of the Occupational Safety and Health Administrative of the U.S. Department of Labor. State of California Standards are available through Barclays Law Publishers, San Francisco, CA.

The Contractor will submit in writing a proposed safety program as required in CAL-OSHA Standards, as prescribed in SB 198, Chapter 1369, Labor Code 6401.7 based on anticipated operations, maintenance, and construction activities as related to safety and health standards.

The Contractor is responsible for being cognizant of and insuring compliance with the requirements set forth in Subparagraphs 1.10.2.1 and 1.10.2.2 above. Such responsibility will apply to both the Contractor operations and those of their subcontractors. When violations of the safety and health requirements contained in these specifications of standards referenced in Subparagraph 1.11.2.1 are called to their attention by the COR or designated representatives, the Contractor will immediately correct the conditions to which attention has been directed. Such notice, either verbal or written, when served on the Contractor or designated representative(s), will be deemed sufficient.

In the event the Contractor fails or refuses to promptly comply with the compliance directive issued under Subparagraph 1.10.2.4 above, the COR or designated representative may issue a written order to stop all or any part of the work. When satisfactory corrective action is taken, a written order to resume work will be issued. The Contractor will not be entitled to any extension of time, or to any claim for damage or to additional compensation by reason of either the directive or the stop order. Failure of the COR or designated representative to order discontinuance of any or all of the Contractor's operations will not relieve the Contractor of his responsibility for the safety of personnel and property.

The Contractor will maintain an accurate record of, and will report to the COR in the manner prescribed by the COR, all cases of death, losttime accidents, vehicle accidents, occupational diseases, or traumatic injury to employees or the public involved, and any property or equipment damage incident to the performance of work under this Contract.

The rights and remedies of the Government provided in this paragraph are in addition to any other rights and remedies provided by law or under this Contract.

In the event there is a conflict between the requirements contained in the Contractor's approved safety program, governmental safety and health codes, and standards, including the U.S. Department of Labor Construction Safety and Health Standards, promulgated under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.), as amended, the more stringent requirement will prevail.

PUBLIC CONTACT

Contractor personnel may have a close working relationship with adjacent landowners within their area of responsibility. When Contractor personnel are confronted with the news media, they may respond to general questions of the media with common sense approach and will refer all controversial questions to the Contractor Representative. The Contractor Representative will keep the COR informed of all news media contacts. When Contractor personnel are confronted with emergency personnel, law enforcement or Border Patrol agents in the project area, the Contractor personnel will notify the Contractor Representative.

HAZARDOUS MATERIALS AND HAZARDOUS RESPONSE

The Contractor will conform to all Reclamation, Federal, State, and local regulations in the use and disposal of hazardous materials and hazardous waste. The Contractor will provide the appropriate response to any emergency involving hazardous materials at any of the facilities covered by this Contract. The Contractor will provide proof/certification of its personnel qualified to work with hazardous materials and wastes to upon request. The Contractor will notify the COR immediately upon discovering a release of hazardous waste into the environment.

Examples of Federal regulations on hazardous materials are found in the following:

Examples of State regulations on hazardous materials are:

SPECIAL CONTRACT REQUIREMENTS

WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

ENVIRONMENTAL INTERRUPTION OF WORK

Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

RESTORATION OF RESOURCES

Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding l and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

The fire season depends upon the drying of fuels, rainfall, and time of year.

During all work periods, the following requirements must be met:

· Fire extinguisher must be in all vehicles;

· Chainsaws must have a .023-inch mesh screen installed in the exhaust;

· Only unmodified saws are to be used on the projects;

· Approved spark arresters must be on all internal combustion engines;

Changes or modifications to the above requirements are possible depending upon changes in requirements of the BLM.

Fire extinguishers for vehicles shall be a UL rating of at least 4 BC.

SOW 6.0 Government-Furnished Property, Materials, Services

General:

The Contractor shall furnish all personnel, materials, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work tasks defined in this Performance Work Statement, except for those items specified as government-furnished.

Materials:

The Contractor shall furnish all materials necessary to meet the requirement of this contract except for those items specified as government-furnished property and services.

Equipment:

The Contractor shall furnish equipment necessary to meet the requirement of this contract except for those items specified as government-furnished property and services.

Services: N/A.

Facilities N/A.

Utilities N/A.

Applicable Publications (Current Editions) N/A.

SOW 7.0 Security and Administrative Matters

Security:

The Contractor shall be responsible for safeguarding all Government property provided for Contractor use or under their control, including securing all facilities the Contractor may access after normal business hours.

Contractor shall coordinate work schedule with Contracting Officers Representative to minimize public and employee ingress/egress to the building.

Safety:

The Contractor shall not require, or allow any employee, engaged in the performance of this Contract to work under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under safety and health standards promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as amended and other Federal, State and applicable local government safety standards.

Department of Labor Code of Federal Regulations Title 29 and other Federal, State and local government safety standards will apply in its entirety to the Contractor.

Examples of applicable safety standards are OSHA 29 CFR 1910, OSHA 29 CFR 1926, California Title 19, "Public Safety", California Title 8, "General Industry Safety Orders", and 41 CFR, Subpart B, "Public Contracts, General Safety and Health Standards."

The contractor shall also use the “BLM SAFETY AND HEALTH STANDARDS” (The Yellow Book) for reference.

Should the contractor fail to comply with any of these standards and regulations, the contractor shall be found to have defaulted on the terms of the contract.

Contingency Plan:

Sudden or unusual events could result in a negative impact to the delivery / performance of these requirements.

As an aid to properly plan for such events, the Contractor shall prepare and submit for approval a Contingency Plan for each Place of Performance for these requirements.

The Contractor will outline in detail the method(s) that the Contractor shall use in meeting Contract requirements in the following circumstances:

· a natural disaster occurs which impacts upon the Contractor's ability to perform

· a labor strike occurs which impacts upon the Contractor's ability to perform.

· a hazardous materials spill which impacts the Contractor’s ability to perform or which may affects public safety

· an incident which causes major damage which impacts the Contractor's ability to perform

· other unforeseen circumstances

In all cases, the Contractor will assume that government cannot provide supplemental forces, and continues to need the same or additional performance under the Contract, which the Contractor must meet.

This Contingency Plan shall be submitted as a part of the Contractor proposal.

Emergency Response:

Response to emergency service calls outside of the normal business hours shall not exceed four (4) hours regardless of the time during the day or night, weekends or holidays.

Response to emergency service during normal business hours shall not exceed two (2) hours.

Response is defined as having all personnel and equipment required to correct an emergency at the site of the emergency or at a pre-approved staging area, ready, willing, and able to perform the emergency work. The Contractor will provide a draft emergency response plan prior to Contract start date.

Emergency Services:

On occasion, services may be required to support an activation or exercise of contingency plans outside the normal business hours described above. The Contractor's responsibilities for emergency support will be in accordance with the contingency plan.

Hazardous Materials and Hazardous Response:

The Contractor will conform to all Reclamation, Federal, State, and local regulations in the use and disposal of hazardous materials and hazardous waste. The Contractor will provide the appropriate response to any emergency involving hazardous materials at any of the facilities covered by this Contract. The Contractor will provide proof/certification of its personnel qualified to work with hazardous materials and wastes to Reclamation. The Contractor will notify Reclamation immediately upon discovering a release of hazardous waste into the environment.

Public contact:

Contractor personnel may encounter adjacent landowners or members of the public during the performance of their work.

Contractor personnel will present a professional appearance and be able to provide appropriate identification, including display of proper identification by each employee.

All Contractor and subcontractor personnel shall comply with all Federal and State laws relative to citizenship.

Contractor personnel shall inform any trespassers along the right of way of hazards and, as necessary and appropriate, ask trespassers to leave fenced off or restricted areas. If Contractor personnel may encounter emergency personnel, policemen, or firemen along the right of way, the Contractor personnel shall notify the On-Site Foreman. If Contractor personnel encounter the news media, they should refer all questions to the On-Site Foreman, who shall keep the COR informed of all news media contacts.

Government Observations:

Government personnel other than COR may from time to time observe, photograph, or otherwise record Contract operations. However, these personnel will not interfere with Contractor performance.

Regular Work Hours:

The performance period established for this contract is based upon all work being conducted during regular working hours between 8:00am and 4:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the COR in sufficient time to allow satisfactory arrangements to be made for access to the work site.

Communications:

“Time” for communications received after 3:00pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Pacific Standard Time.

Federal Holidays:

The following Federal Legal Holidays are observed:

Fire Danger Season:

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

Improvements The Contractor shall comply with the rules and regulations governing the operation of premises which are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of BLM business.

Before any camp, quarry, borrow pit, storage or service area other than shown on drawings is opened or operated on National Forest land or lands administered by the BLM, written permission shall be obtained through The BLM or Forest Service. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for Contractor. Such permission, if granted, shall be without charge to Contractor. Contractor must remove and dispose of all said improvements when no longer needed.

Protection of Improvements The Contractor shall protect roads and other improvements (such as fences, roads, trails, telephone lines, and ditches) whether designated on the project area map or not.

Protection of Improvements Not Owned by the BLM The Contractor will notify all utility companies, or other parties affected, and plans for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances affected by Contractor’s operations.

When Contractor’s operations are adjacent to properties of railway, telegraph, telephone, or power companies, or other property, work shall not begin until all necessary arrangements to prevent damage have been made by the Contractor.

The Contractor will cooperate with all owners of above-mentioned property. In the event of interruption because of accidental breakage, the Contractor shall promptly notify the proper authority, and cooperate with that authority in the restoration of service.

Protection of Land Survey Monuments The Contractor shall protect all known survey monuments, witness corners, reference monuments and bearing trees against any damage during Contractor’s operations.

Preservation of Historical and Archeological Data:

The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program. If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed. Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

Avoidance areas within the project boundaries have been identified and these locations will be made known to the Contractor. These areas were previously marked by flagging (red and black striped) hanging on vegetation surrounding the avoidance area perimeter, but flagging has deteriorated over time and may not be visible during project implementation. In the absence of visible flagging, the Contractor is to reference mapped avoidance areas provided via PDF (Avenza) Map. These areas, including the trees and/or vegetation that defines the avoidance area boundary, are to be excluded from project work and pedestrian access. In addition to the designated cultural resource avoidance areas, vegetation immediately outside or adjacent to the avoidance areas that is at risk of falling into the footprint of the avoidance area if cut will either be avoided (not cut) or directionally felled so as to prevent the disturbance of cultural resources. Directional felling and/or additional avoidance measures outside designated avoidance areas are to occur at the discretion of the personnel responsible for conducting vegetation removal.

Wildlife Resources The Contractor shall comply with the seasonal habitat restrictions outlined in Table 2-2 of the Northeastern California and Nevada Greater Sage-grouse Resource Plan Amendment (DOI BLM, 2015). Seasonal restrictions will be applied during the periods below to manage surface-disturbing activities that are disruptive to greater sage-grouse to prevent disturbances to greater sage-grouse during seasonal life-cycle periods:

· No work may be completed between March 1st and June 30th of any given year of project work.

Sensitive resource areas will be flagged and identified on maps provided at the pre-work meeting. Treatments are not permitted in these areas from March 1st until August 31st. However, if this protection measure proves inadequate, if other such areas are discovered, or if new concerns are identified the BLM may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party and operations will be suspended at that location until the significance or potential significance of the area is determined.

Dead trees, or snags, are to be maintained within treatment areas.

Any active raptor nest found will be reported to the Wildlife Biologist and project activities ceased within a 0.5-mile buffer until surveys indicate that project activities would not disturb nesting/breeding activities.

Sanitation and Servicing The Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s operations. If facilities for employees are established within the project area, they shall be operated in a sanitary manner. Contractor shall not service tractors, trucks or other equipment on BLM lands where servicing is likely to result in pollution to soil or water. Contractor shall remove from BLM lands all refuse resulting from use, servicing, repair, or abandonment of equipment. If the contractor’s operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of the BLM.

Prevention of Oil Spills If the Contractor maintains storage facilities for oil or oil products within the project area, Contractor shall take appropriate preventive measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. In addition, oil spills or leaks including spills and leaks from equipment less than the above amounts are to be removed, including contaminated soil and vegetation, from the site and disposed of in accordance with state and federal laws. Equipment parked for a prolong period ten (10) days or more will need oil absorbing cloth or other spill deterrent authorized by the COR to mitigate equipment oil leaks.

SOW 8.0 Technical Exhibits and Definitions

Standard Definitions:

Physical Condition: The Physical appearance of Federal equipment or facilities that considers cracks, chips, dents, abrasions, rust, corrosion, general cleanliness, vibration, operating temperature, and discoloration and other items as identified by the COR. Physical condition may be determined by visual as well as diagnostic means.

Contracting Officer (CO): The Secretary of the Interior or designated authorized representative The Contracting Officer is Laura StJohn, who resides at the Federal Building located at 2800 Cottage, W-1623, Sacramento, CA 95825. Phone number (916) 978-4523, Fax (916)978-4444.

Contracting Officer’s Representative (COR): The Contracting Officer’s designated representative as indicated in a delegation of authority letter.

Quality Assurance (QA): Surveillance of Contractor performance to determine performance requirements are met.

Performance Requirements Summary (PRS) (see Technical Exhibit below): The PRS identifies the key performance indicators of the Contract that will be evaluated by the Government to assure Contract performance standards are met by the Contractor.

Quality Control: Those actions taken by the Contractor to control the production of goods or services so that they meet the requirements of the performance work statement.

Technical Definitions:

Old-growth Juniper: old-growth trees as being 150 years or older. The tree may also develop a combination of the following characteristics; broad non-symmetric tops, deeply furrowed bark, twisted trunks or branches, dead branches and spike tops, large lower limbs, trunks containing narrow strips of cambium (strip-bark), hollow trunks, large trunk diameters relative to tree height, and branches covered with bright yellow green lichen (Miller et al.1999).

Snag: A dead tree retained to benefit wildlife.

Technical Exhibits: (attached to document) EX 1: Quality Assurance Surveillance Plan (QASP) EX 2: Piling Specifications EX 3: Maps

140L1220Q0030 – Attachment 2

SOW Page 5

SECTION E: PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Exhibit 1: Quality Assurance Surveillance Plan (QASP)

Designated trees within the project boundaries shall be completely severed from the stump(s). No live limbs shall be left on the stump of cut trees.

Stump height shall not exceed eight (8) inches measured on the uphill side. Stump height may be four (4) inches over the top of rocks or other obstacles that would damage the cutting surface of the machine or tool doing the cutting.

All slash shall be moved at least ten (10) feet back from the edge of roads and property boundaries between government and private land daily, before the crew leaves the project area.

At least 90% of the limbs from all felled juniper within the designated cut and pile acres will be piled.

Piles shall be a minimum of six (6) feet wide by six (6) feet tall and may be as large as fifteen (15) feet wide by fifteen (15) feet tall and constructed such that no piece of juniper extends more than two (2) feet from the concentration of the pile.

The COR and/or Project Inspector (PI) will conduct government inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Government inspections will consist of:

a. Compliance Inspections Visual compliance inspections of juniper treatment work tasks will be made on a periodic basis across the project area. Such inspections are not final and do not constitute acceptance by the Government.

b. Final Inspections Final inspections for payment will be made on the completed project unit unless otherwise agreed upon in writing. Contractor shall request a final inspection. Inspection requests shall be verbal and documented within the diary or in writing and pursuant to FAR 52.246-4, shall include results of Contractor’s quality inspections. Inspections will be completed within ten (10) calendar days after the notice is received for each item. If a formal request for an item inspection is within the ten (10) working days since the previous request, the time will not start until the time for the previous inspection expires.

The Contractor will be responsible for ensuring his or her crew can identify old growth juniper to ensure it is not accidentally cut or damaged. If old growth juniper is found to be cut by mistake or willfully cut by the Contractor, the Contractor will be subject to liquidated damages. The Contractor shall pay a rate of $250.00 per tree for inadvertent cutting or willfully damaging of old growth juniper.

The contractor will be made aware of the deficiencies and documented in the COR’s diary. Deficiencies will need to be corrected within 48 hours unless the BLM representative states otherwise.

Incentives/Disincentives

a. Contractor will be required to rework the area at no additional cost to the Government

b. The Government will charge to the Contractor any additional cost of subsequent inspection of reworked area

c. Positive or negative Performance rating at the end of the contract (this will have definitive impacts on the contractor receiving additional contracts with the BLM in the future).

Disputed Inspection When formal inspection by the Government is accomplished through visual inspection, the Contractor…