Attachment 3 SOW.doc

Solicitation Number: 12444121R0041

Attachment 3 SOW

National Forests of North Carolina – Grandfather Ranger District

Site Preparation with Hand Tools and Herbicide on 134 Acres

In the Crawley Branch Timber Sale Area

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SITE PREPARATION WITH SLASHDOWN AND STUMP SPRAY WITH HERBICIDE

C-1 SCOPE OF CONTRACT

This contract requires herbicide treatment and related work in compliance with its terms, specifications and provisions.

C-2 LOCATION AND DESCRIPTION

(a)

SCOPE OF CONTRACT

Contractor shall furnish all labor, supervision, and transportation, and perform all work required to perform slash-down of trees and cut stump treatment of undesirable species with herbicide on National Forest land in accordance with the specifications and provisions contained herein. Also, the Contractor shall furnish all materials, equipment, tools, and supplies except those listed in C.02(C) - Government Furnished Property.

(b)

LOCATION AND DESCRIPTION

The areas to be treated are located within the boundaries of:

National Forest: Pisgah Ranger District: Grandfather County(ies): Caldwell State: North Carolina See attached Vicinity and Site Maps for locations of and directions to project sites. All area boundaries are marked with flagging or paint on perimeter trees.

TOTAL ACRES

All contract map locations are approximate; therefore, actual locations designated on the ground take precedence over the contract maps provided. Vegetation to be treated is described in section C.3(a). It consists of trees and brush between 1” and 8” dbh.

Period of Performance – Work can be started on date of Notice to Proceed and needs to be completed by October 29, 2021 with the exception of no work being before May 31 as noted in C.3(d) (c)

GOVERNMENT-FURNISHED PROPERTY.

A 50% mixture of Triclopyr Amine in water (hereinafter referred to as "50% herbicide") will be furnished. Herbicide will be available for pickup by the Contractor at the storage site across from the Woodlawn Work Center, located 8 miles north of Marion, NC on Hwy 221. Herbicide may be picked up daily Monday through Friday, excluding Federal Holidays at a time mutually agreed upon by the Contractor and the COR at the Prework Meeting. The Contractor shall give at least one business day advance notice to the COR prior to picking up the herbicide. Sufficient supplies of herbicide will be made available to the Contractor for work on weekends and holidays. Contractor will only transport one days supply of herbicide to the work site each day.

At the pre-work conference, or when herbicides are initially issued to the Contractor, the COR will furnish a packet to the Contractor containing pesticide labels and material safety data sheets for the herbicides and adjuvants being used. The Contractor and crew shall become familiar with the contents of the packet and its location in case of an emergency.

The Government will issue a key to any gated Forest Service roads needed for access by the Contractor. The Contractor shall be responsible if unauthorized entry to the facilities is gained by the use of the key. Issued key(s) shall be returned to the COR prior to final payment.

(d)

DOWNED FIREWOOD

Downed material within the boundaries of the area may be removed by the contractor during the life of the contract for personal use. This contract will serve as contractor's permit.

(e)

CAMPING ON JOB SITE

Camping is allowed for the term of the contract to provide the contractor access to remote job sites. Camping areas will be approved by the Forest Service. (See Attachment 2)

(f)

GATED ROADS

This contractor is allowed access to gated roads that provide access to work areas designated under this contract.

C-3 TECHNICAL SPECIFICATIONS

ITEM 01 – Site Preparation by Slash down and Stump spray with herbicide in AREAS 1-4

(a) TREES TO BE TREATED.

-All trees and shrubs between 1” and 8” diameter (measured at 4.5 feet above where the stem leaves the ground) will be slashed down, except as specified in C-3 (b).

In addition, the cut surface of the stumps of red maple, sourwood, sweet gum, black gum, yellow-poplar, frasier magnolia (wahoo), paulownia, tree-of-heaven, rhododendron, and mountain laurel will be spayed with 50% herbicide.

(b) TREES NOT TO BE TREATED.

-Dead trees

-Trees designated as reserve trees with orange paint on them

-Hollow trees

-Trees within white boundaries (W/L incl., arch. sites, etc.)

-Trees with dens

-Trees with red painted boundary paint or orange marking paint

-Trees larger than 8" dbh

-Undamaged tree species including: Oaks, American Holly, Dogwood, Serviceberry, Hickory, Ash, American Beech, Pitch pine, Shortleaf pine, and Table Mtn. pine

-Other trees designated by COR.

(c) SLASHDOWN PROCEDURE.

1. Stump height will be no higher than six inches from ground level on the uphill side of the tree. However, where ground conditions warrant, e.g., rocks, slash, other debris, trees will be cut as close to ground level as possible or below the lowest live limb.

2. No hangups will be permitted. "Hangup" is defined as a tree catching against another tree instead of falling on the ground.

3. All trees will be completely severed from the stump.

(d) STUMP SPRAY PROCEDURE

1. The outer one inch of the cut surface of the stump will be sprayed with 50% herbicide until wet around the entire circumference of the stump.

2. Stump spray will be done as soon as possible after the tree is cut, but no longer than 2 hours afterward.

3. Trees to be stump sprayed will not be cut during rainfall, and all trees already cut when rainfall begins will be immediately stump sprayed.

4. Trees will not be cut and stump sprayed when the air temperature is 32 degrees or less.

5. No work will be started on this contract before May 31.

C-3

AUTHORIZED PERSONNEL

The Contractor, during the course of work, shall not permit motorized vehicle entry behind closed gates by anyone other than the Contractor, his/her employees, and Government employees.

C-4

CONTRACTOR’S QUALITY CONTROL PLAN

The Contractor shall prepare a Quality Control Plan before starting work and provide it to the COR. The Plan will demonstrate how the Contractor - through organization, supervision, and self-inspection – will perform work at the Acceptable Quality Level (see C-5). Any proposed inspection system shall produce written data that can be provided in a timely manner to the Contracting Officer or his/her representative. Sampling shall be unbiased, shall represent all parts of the stands, and shall be verifiable (sample locations marked on the ground). The CO, COR, or Inspector may observe the Contractor’s inspection at any time.

Among the items to be included in the Quality Control Plan are species treated, percentage of target stems slashed, percentage of target stumps sprayed, number of non-target stumps treated with herbicide, amount of herbicide used per Area, documentation of safety discussions, and a proposed schedule of work, updated at least weekly.

C-5

PERFORMANCE ASSESSMENT METHODS

Performance Objective Acceptable Quality Method of Performance and Standard Level Assessment

Slashdown & Stump Spray 95% on all listed tasks Contractors’ records and reports;

using diluted triclopyr herbicide random verification by the Government.

C-6

GOVERNMENT’S QUALITY ASSURANCE PLAN

The Government will monitor progress to ensure that the Contractor is providing the quality promised in their Quality Control Plan and that work meets performance standards. Visual observation will be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to take standard 1/50th acre inspection plots by random sample. Each contract Area will be inspected separately, and the results will not be averaged.

Government inspections will be documented on Daily Diaries and placed in the contract file. If work in part of an Area does not meet the Acceptable Quality Level given above, a Notice of Non-Compliance will be issued to the Contractor. The CO may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Upon completion of an Area and notification by the Contractor, the COR or designated Inspector shall make an overall inspection of that Area. If a need for remedial work prior to acceptance is reflected by the COR/Inspector`s overall inspection, or by plot sample results, such remedial work will be performed before the Contractor moves to the next Area. If the inspection results in acceptance of the Area, the Contractor may immediately proceed with work on the next area.

HERBICIDE USE, STORAGE, AND TRANSPORTATION

(a) PERMITS AND RESPONSIBILITIES FOR THE WORK

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses certifications and permits, including a valid NC Commercial Pesticide Applicator License, and adhering to municipal laws, codes, and regulations in connection with the use of pesticides under this contract. Contractor will be responsible for full compliance with all applicable provisions of the EPA Agricultural Worker Protection Standard (WPS), 40 CFR Part 170.

(b) TRAINING

Contractor will instruct each applicator in the safe use of the herbicide(s) to be applied so as to protect themselves and the environment. The suggested areas to be covered are safe handling and proper application, transportation, storage, and disposal of the containers as shown herein. Techniques of eye wash and personal hygiene should also be part of the training.

(c) TRANSPORTATION OF HERBICIDES Contractor is legally responsible for the safe transportation of herbicides.

Contractor shall follow travel routes designated by the COR when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site or in an area designated by the COR.

Transportation of herbicides used on this contract shall be in accordance with label instructions and the general approved and accepted procedures for safe transportation of herbicides. The following precautions should be taken by the Contractor to prevent spills, accidents, injury or theft:

1. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

2. No personnel should ride in the back of a vehicle with the herbicide.

3. All herbicide containers should be tied down or otherwise constrained to prevent breakage or spillage.

4. Pesticides should not be transported in the same compartment with food or clothing.

5. If any herbicide is spilled in-or-from the vehicle it should be cleaned up at once.

6. Unlocked herbicides should not be left unattended.

(d) HANDLING AND APPLICATION OF HERBICIDES Personnel handling herbicides should wear protective clothing and/or equipment as recommended by the herbicide manufacturer. Herbicide shall not be applied or equipment cleaned outside of areas designated by COR.

Following these simple rules will help make the use of the herbicide safer for everyone:

1. Read the safety information on the label.

2. Wear the proper protective clothing.

3. Keep first aid equipment and supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

4. Don`t work alone Keep the container below eye level when pouring to avoid splashing or spilling herbicide on the face or into the eyes.

5. If herbicides are spilled, stop immediately, wash out eyes if contaminated and remove contamined clothing. Wash the skin thoroughly with soap and water. Speed is essential. Once clean, put on clean protective clothing and equipment and clean up the spill. See a physician as appropriate.

6. Keep measuring cups and other equipment clean and properly stored when not in use.

7. Wash hands carefully before relieving yourself, eating, or smoking.

(e) HERBICIDE SPILLS Contractor shall be responsible for all costs of damages, clean-up, and decontamination should a herbicide spill occur.

If a spill occurs, every effort will be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned-up as quickly as possible. Appropriate Federal, State and local officials will be notified. Herbicide spills shall be handled in accordance with the standard procedures for spill clean-up. (40 CFR 117) COR shall be notified immediately of any herbicide spill or accident.

(f) STORING HERBICIDES

Herbicides used on this contract will not be stored or left overnight except at storage facilities approved by the COR. Unused herbicides will be returned to the storage facility as designated by the COR at the end of each work day.

(g) DISPOSAL OF HERBICIDE CONTAINERS All empty containers shall be returned to the storage facility at the Forest Service Workcenter for disposal by the Forest Service. No empty containers will be left at the worksite.

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

The Forest Service reserves the right to terminate a camping permit at any time.

SPECIAL CONTRACT REQUIREMENTS

MATERIAL & WORKMANSHIP

All work under this contract shall be performed in a skill and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

USE OF PREMISES

Before any camp, quarry, borrow pit, storage, detour or bypass site, other than shown on the drawings, is opened or operated on National Forest lands, or lands administered by the Forest Service, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite, or trailer parking area, of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

ACCESS TO WORK AREAS

Access on roads which are gated or waterbarred will be coordinated with the Contracting Officer`s Representative. Contractor will keep all gates locked at all times, unless otherwise directed by the COR.

ARCHEOLOGICAL AND HISTORIC SITES

If remains of prehistoric people`s dwelling sites or artifacts of historical or archeological significance are encountered in the work, the Contractor shall discontinue work and notify the Contracting Officer immediately.

RESOURCE PROTECTION

The Contractor shall conduct his operations so as to minimize damage to all roads, roadbanks, trails, ditches, and other improvements in the operating area. Any damage caused by the Contractor, other than normal wear, shall be repaired at the Contractor`s expense. Access roads, trails, and/or protected streams will be kept free of logs, slash and other Contractor generated debris at all times. Roadbanks, ditches, and culvert openings must also be kept clear of Contractor generated debris.

The Contractor shall use every precaution necessary to prevent polution of streams by fuel, oils, herbicides, silt, or other harmful material. Application equipment will be filled and cleaned inside or adjacent to the treatment areas and at least 100 feet from private land and/or flowing streams.

SITE CLEAN-UP

Upon completion of each site, and prior to moving to the next site, all trash, rubbish and debris generated by Contractor’s operation will be removed for National Forest lands.

EXCESS COSTS

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as, but not limited to, additional COR and inspector time and travel.

CONTRACTOR’S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRES

The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by the Contractor’s employees, whether set directly or indirectly as a result of Contractor’s 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 resulting from fires set, or caused by, Contractor’s employees or resulting from Contractor’s operations.

FIRE PROTECTION REQUIREMENTS

Fire Extinguishers – Power saws and other internal combustion power tools will be accompanied by one chemical-pressurized fire extinguisher of not less than 8 oz. capacity by weight during fire danger periods.

Mufflers – The Contractor must provide and maintain mufflers in good condition for all power saws, trucks and other internal combustion engines. Tail pipes on trucks must also be in good condition.

Fueling – Any fueling or refueling of power saws, trucks and other internal combustion engines will be done in areas which have first been cleared of material which will carry fires. Such power saws will be moved at least 10 feet from space of fueling or refueling before starting.

METHOD OF MEASUREMENT AND BASIS OF PAYMENT

The number of acres as shown on the schedule has been measured by horizontal measurement. The area has been determined in the field with the use of a Global Positioning System (GPS unit). A traverse was run completely around each area and the acres computed.

Upon receipt of a proper invoice, payment will be made at the unit price for the number of acres satisfactorily completed and accepted. No payment will be made for portions of areas where work was not performed at the acceptable quality level either initially or subsequently corrected by authorized reperformance.

ENTRY INTO AREAS BY THE CONTRACTOR

The Government reserves the right to specify the order in which areas will be treated.

The Contractor shall not work on more than one area at a time unless approved by the CO or COR.