B08_Attach__1_PWS_2022_0428.pdf

HOG FIRE STEWARDSHIP PROJECT

SERVICE CONTRACT WITH PRODUCT REMOVAL

Performance Work Statement (PWS)

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PROJECT TITLE:

Contents Section 1.0 Background on the Government’s Requirement

Section 2.0 General Scope of Work

Section 3.0 Overall Objective(s)

Section 4.0 Specific Tasks

Section 6.0 Government-Furnished Property, Materials, Services

Section 7.0 Security and Administrative Matters

Section 8.0 Technical Exhibits and Definitions

EXHIBIT 4: PERFORMANCE REQUIREMENTS SUMMARY (PRS)

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Section 1.0 Background on the Government’s Requirement

The Hog Fire ignited on July 17, 2020. The fire burned segments of the Bizz Johnson

Trail Corridor, a very popular tourist destination that is designated a National Recreation

Trail and a Special Recreation Management Area (SRMA). The fire burned approximately 55 acres of BLM managed lands, which includes 1.8 miles of the Bizz

Johnson Trail corridor and adjoining timber land.

The Hog Fire burned though the BLM managed parcels as a high intensity, stand replacing fire. The Hog Fire Hazard Tree Removal Project has been designed to remove the hazardous conditions that have been created along this popular trail and recreation area.

Section 2.0 General Scope of Work

The general scope of the work to be performed is forest management activities.

The services required include felling with removal of dead or dying trees, felling with bunching and piling of dead and dying trees, removal of existing biomass doodles left from suppression activity, and rehabilitation of skid trails and landings.

Place of Performance:

PROJECT LOCATION: T29N R11E Section 4 and T29N R10E Section 1

DIRECTIONS TO PROJECT UNITS:

To locate the project area, go west from Susanville on HWY 36 for approximately 8 miles. Then take the Devil’s Corral Road northeast 3/10ths or a mile, then turn northwest

(left) on the Korver Rd.

UNIT DESIGNATION: Unit boundaries are marked with metal posts. Georeferenced

PDF maps will be provided after award that include unit boundaries and important features (archeological sites, exclusion areas, etc.).

Section 3.0 Overall Objective(s)

The objective of this work is to fell both dead and dying trees to enhance safety for trail users and reduce wildfire fuels on 29 acres of BLM managed land.

NEPA: Hog Fire Hazard Tree Removal Project (DOI-BLM-CA-N050-2020-0009-DNA)

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Section 4.0 Specific Tasks

Task 1: Item/Service Activity #0001A:

Cutting and piling of trees (16 acres): All dead and dying Jeffrey/Ponderosa pine and white fir will be felled using hand or mechanical means, gathered into appropriately sized doodles for later skidding (skidding for this task will be completed under a separate contract), and placed in a manner that facilities skidding to the designated landing. All stumps must be 12 inches or less in height, measured from the uphill side.

Task 2: Item/Service Activity #0001B:

Cutting and removal of biomass (12 acres): All dead and dying Jeffrey/Ponderosa pine and white fir will be felled using hand or mechanical means, yarded to a landing, and processed for removal from the site. All stumps must be 12 inches or less in height, measured from the uphill side.

Task 3: Item/Service Activity #0001C:

Removal of existing doodles (approximately 6 to 8 doodles within the Task 2 area) that were made during suppression efforts on the Hog Fire.

1. This task includes skidding to landing, chipping or grinding, and removal of the processed material from the site.

Task 4: Item/Service Activity #0002A:

Establishment, closing and restoration of landings and skid trails (only associated with

Task 2).

2. Task includes:

o clearing of vegetation and dirt work necessary to level and establish access to landings for equipment, as necessary.

o Planning routes and clearing of vegetation necessary to establish skid trails.

o recontouring of skids trails (if necessary), closing access to skid trails at intersections with roads using material available on site

(i.e. logs, boulders, etc.), and covering skid trails and landings with a relatively continuous layer of chips/grindings made from the removed trees of the unit to a depth of at least 3 inches. Covering of skid trails is only required in areas of over 10 percent slope on the skid trail and areas immediately adjacent to the Bizz Johnson trail (within 100 linear feet from trail center).

Section 4.1 Requirements Common to all Tasks

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MITIGATION MEASURES, RESTRICTIONS, AND SPECIAL PROVISIONS:

The Contractor shall comply with the following requirements common to all tasks unless otherwise authorized in writing.

TIMBER RESERVED FROM CUTTING

The following timber in the Contract Area is hereby reserved from cutting and removal under the terms of this contract and is retained as the property of the Government.

1. All trees with live crowns within the harvest area with greater than forty (40) percent live crown remaining.

2. All existing downed trees in advanced stages of decay. Reserved existing downed trees may be bucked to facilitate yarding.

LOGGING

1. Before beginning operations on the Contract Area for the first time or after a shutdown of ten (10) or more days, the Contractor shall notify the COR in writing of the day they plan to begin operations. The Contractor shall also notify the COR in writing, email acceptable if they intend to cease operations for any period of ten

(10) or more days.

2. Prior to the commencement of operations, the Contractor shall obtain from the COR written approval of a basic Operation Plan commensurate with the terms and conditions of the contract which shall include how the work will be performed and protection of existing improvements. A pre-work conference between the

Contractor’s authorized representative and the COR must be held at a location and time designated by the COR. All logging shall be done in accordance with the plan developed by this provision.

3. During logging operations, the Contractor shall keep roads where they pass through the Contract Area clear of trees, rock, dirt, and other debris so far as is practicable.

The roads shall not be blocked by such operations for more than thirty (30) minutes unless otherwise approved by the COR.

4. All trees designated for cutting may be manually or mechanically felled using a feller-processor or feller-buncher with the approval of the COR and in accordance with the following specifications:

5. Mechanized felling and skidding operations shall generally be limited to slopes of fifty (50) percent or less.

6. Mechanized felling operations are subject to seasonal operating restrictions as described in the Fire Prevention and Control section.

7. Yarding shall be done with one end of the log suspended.

8. No ground-based yarding shall be permitted during periods of unseasonably wet weather and soil moisture conditions, unless otherwise approved by the COR.

9. No logging activity or log hauling shall be conducted on unsurfaced roads during unseasonably wet weather, unless otherwise approved by the COR.

ROAD CONSTRUCTION, MAINTANENCE AND USE

1. Roads within the Project Area have gravel or native surfaces.

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2. During haul operations all unsurfaced roads on the haul route shall be watered daily for dust abatement during dry seasons. The Contractor shall acquire legal access to a water source to be used for this purpose.

3. If the Contractor elects to use any private roads for the removal of Government timber sold under the terms of this contract, they shall provide written approval for use of the private roads.

ENVIRONMENTAL PROTECTION

1. The Contractor shall clean road and trail surfaces, cut banks, landings, ditch lines and culverts of all debris created by logging operations.

2. The Contractor shall steam clean or pressure wash all logging and road building equipment, except logging trucks and chip vans, prior to initial move-in, to minimize the likelihood of spreading noxious weeds and non-native plant species to the Contract Area. Equipment washing shall occur, off-site, or at a location approved by the COR. Equipment will be visually inspected by the COR prior to use.

3. If Contractor discovers, encounters, or becomes aware of any objects or sites of cultural value on the Contract Area such as historical or pre-historical ruins, graves, or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and notify the COR of the findings. Operations may resume at the discovery site upon receipt of written instructions and authorization by the COR.

4. The Contractor shall immediately discontinue specified construction or timber harvesting operations upon written notice from the Contracting Officer that:

a) Threatened or endangered plants or animals protected under the Endangered

Species Act of 1973, as amended, may be affected by the operation, and a determination is made that consultation or re-initiation of consultation is required concerning the species prior to continuing operation, or;

b) Federal proposed, federal candidate, Bureau sensitive or State listed species protected under BLM Manual 6840 - Special Status Species Management - have been identified, and a determination is made that continued operations would affect the species or its habitat, or;

c) When, in order to comply with a court order, which enjoins operations on the sale or otherwise requires the Bureau of Land Management to suspend operations, or;

d) When, in order to comply with a court order, the Contracting Officer determines it may be necessary to modify or terminate the contract, or;

e) Species have been discovered which were identified for protection in accordance with management direction established in the Record of Decision (ROD) and

Resource Management Plan (RMP), and the Contracting Officer determines that continued operations would affect the species or its habitat, or;

f) When, in order to protect species which were identified for protection in accordance with management direction established in the ROD and RMP, the

Contracting Officer determines it may be necessary to modify or terminate the contract.

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10. The Contracting Officer may determine that it is necessary to modify the contract or terminate the cutting and removal rights under the contract in order to comply with the Endangered Species Act, prevent incidental take of California spotted owls in accordance with the ROD and RMP, protect species that have been discovered which were identified for protection in accordance with management direction established in the ROD and RMP, or comply with a court order.

Following the issuance of a written notice that cutting and removal rights will be terminated, the Contractor will be permitted to remove timber cut under the contract, if allowed by the Endangered Species Act.

11. In the event the contract is modified or cutting, and removal rights are terminated under this subsection, the Contractor agrees that the liability of the United States shall be limited to the actual costs incurred by the Contractor which have not been amortized by timber removed from the Contract Area. This calculation of liability shall utilize actual Contractor costs and Government estimates of timber volumes. At the COR's request, the Contractor agrees to provide documentation of the actual costs incurred in the performance of the contract. In addition, the

Contractor shall be released from the obligation to pay the contract price for any timber which is not authorized to be removed from the Contract Area.

12. The Contractor specifically and expressly waives any right to claim damages, other than those described in the preceding paragraphs, based on an alleged breach of any duty to the Contractor, whether express or implied, in regard to the manner in which the Government defended the litigation which resulted in the court order affecting the operation of the contract. This waiver also extends to any claims based on effects on the operation of the contract that arise from litigation against another agency. Furthermore, the Contractor specifically acknowledges and agrees that a court ruling that the Government violated the

Administrative Procedures Act cannot be interpreted, in itself, to mean that the

Government had not acted reasonably in regard to its duties to the Contractor under this contract.

FIRE PREVENTION AND CONTROL

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.

1. Primarily for purposes of fire prevention and control, the Contractor shall, prior to the operation of power-driven equipment in construction or logging operations under this contract during the closed fire season or periods of fire danger, prepare a fire prevention and control plan to the satisfaction of the COR.

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2. The COR may stop all or part of the logging operations of the Contractor during especially hazardous fire weather. This stoppage may be made prior to the time that the State of California and/or the U.S. Forest Service might require stoppage of logging operations.

3. During periods of fire danger, smoking shall be permitted only in such portions of the landing as are free of flammable material. Before smoking, workers not working on the landing must clear to mineral soil not less than sixteen (16) inches square, must sit down to smoke in such a manner that any burning material will fall within he cleared area, and must extinguish and press out in the mineral soil all burning material before leaving the cleared area.

4. The contractor shall provide and maintain in good repair on the Contract Area, the following equipment for use during periods of fire danger:

a. One (1) tank truck or trailer of three hundred (300) gallons or more capacity with three hundred (300) feet of hose and a nozzle acceptable to the COR, and a mounted or portable pump. A compressed foam system and hose with equivalent capacity is acceptable instead.

b. Firefighting tools shall be kept at each landing or mounted on each piece of logging equipment (skidders, feller-bunchers, dozers, etc.) or at such other place as the COR shall designated whenever people are working on the contract area. The fire tools shall be in good condition, be tight on strong handles, and have sharp cutting edges. There shall be not less than one (1) tool for each person working on the contract area. Three-fourths of all fire tools shall be shovels, hazel hoes, or other scraping tools. The fire tools shall be used only for fighting fire.

c. A chemical fire extinguisher of at least 8 ounces minimum capacity of a type approved by the COR and a size 0 or larger shovel shall be carried during the closed fire season or periods of fire danger by each falling crew and each bucker using a power saw on the contract area. Such fire extinguisher shall be filled and in effective operating condition and shall at all times be immediately available to the operator when the saw is being fueled or the motor of the saw is running. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material. Power saws shall be moved at least 20 feet from the place of fueling before the engine is started. Each power saw shall be equipped with an exhaust system and a spark arrester.

SAFETY

Contractor’s operations shall facilitate BLM’s safe and practical inspection of

Contractor’s operations and BLM’s conduct of other official duties on Contract Area.

Contractor has all responsibility for compliance with safety requirements for

Contractor’s employees and subcontractors.

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Unless otherwise specified in writing, when operations are in progress adjacent to or on roads and/or trails in the harvest unit area, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the road or trail user with adequate warning of and protection from hazardous or potentially hazardous conditions associated with its operations. Traffic control devices shall be appropriate to current operating and/or weather conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in state OSHA and

Transportation standards for logging roads or the “Manual on Uniform Traffic

Control Devices for Streets and Highways” (MUTCD) published by the U.S.

Department of Transportation – Federal Highway Administration.

ADDITIONAL INFORMATION

Protection of Improvements

1. Contractor shall protect roads and other improvements (such as fences, trails, and ditches).

2. The BLM will notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances affected by Contractor’s operations.

3. 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 Contractor.

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

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

Sanitation and Servicing

1. Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s operations. If facilities for employees are established on

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. In the event that 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.

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Prevention of Oil Spills

2. If Contractor maintains storage facilities for oil or oil products on Project Area, Contractor shall take appropriate preventive measures to ensure 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.

Section 5.0 Delivery / Performance Schedule

All services procured under this contract will be due at the end of the Period of

Performance September 30, 2023, with the exception of:

1. Operations Plan which will be due no later than 21 days after the prework meeting. The prework meeting will be scheduled between the COR and the contractor within 30 days of contract award. The Operation Plan shall be delivered to the COR via email.

Section 6.0 Government-Furnished Property, Materials, Services

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, there will be no government furnished property.

Section 7.0 Security and Administrative Matters

Federal Holidays:

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day

President’s Day Memorial Day

Independence Day Labor Day

Columbus Day Veterans Day

Thanksgiving Day Christmas Day

Juneteenth Day

Section 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)

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The Secretary of the Interior or designated authorized representative who is the only agent capable of signing a federal award or obligating funds.

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:

Additional Timber - Any sawlog size tree that is designated and agreed to by the Contracting Officer or their representative (COR) after contract award.

Bole - The trunk or main stem of a tree.

Biomass - Any portion of any tree, designated for cutting, which does not meet the utilization standards for sawlog set forth in the contract. The anticipated product of this material is firewood, wood chip for fuel or mulch. This material includes non-sawlog quality products. Biomass is sometimes referred to as

Miscellaneous Convertible Products (MCP).

Brush - A woody perennial plant such as mountain mahogany or sagebrush.

Chip – The chipping of undesirable vegetation. Slash created during chipping shall not exceed 1inch diameter and 3 inch in length and shall be spread to a depth of no more than 2 inch in depth.

CFR – Code of Federal Regulation

Conifer – Cone bearing trees that are evergreen. Conifers in this project include Jeffrey pine (Pinus jeffreyi) and ponderosa pine (Pinus ponderosa).

Controlled Area - Areas delineated by flagging for the purpose of protecting sensitive plants or heritage resources. The areas are marked on the ground, they are not located on the project area map, however a map with these areas shown will be available to the successful bidder.

Cut-tree - A tree that is designated by the BLM for felling and may be marked with paint at and above the stump.

DBH - Diameter at breast height; the diameter of a tree measured at a point 4.5 feet above the ground on the uphill side of the tree.

Doodle – a small stack of felled trees that is ready to be skidded.

Drainage – Road or trail erosion mitigation in the form of ditches, water bars, and culverts.

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Kelly Humps – An earthen berm 4’ to 6’ in height and placed at a right angle to the road or trail in order to deny vehicle access.

Landing - Area used to stage and load forest products just prior to removal from a unit.

Leave Tree - A tree within the unit boundary that has NOT been marked with blue-green paint at and above the stump.

Old Growth Juniper - Characteristics include canopy non-symmetrical in appearance with rounded-top and spreading canopy, canopy that may become sparse containing dead limbs or spike tops, large irregularly tapering trunks, deeply furrowed and fibrous bark (compared to the scaly bark of a tree <150 yrs), lower branches may be very large (more common in open stands), and the presence of a bright green arboreal fruticose lichen (Letharia ssp.)

Pile - Piles shall be compact, dirt free, and constructed to promote complete and efficient combustion.

Piles shall be a minimum of 6 feet in height and a maximum of 30 feet in diameter and constructed to maximize height instead of width. All material protruding beyond 4 feet of the pile shall be severed and placed back into the pile for burning. Contractor shall employ techniques and equipment that insure dirt free piles. Piles should be built away from trees to avoid scorching of leave trees.

Pole - A tree of a size between a sapling and a mature tree (≥10.0 inch DBH and ≤ peeler size).

Product other than Sawlog (POL) – Biomass or other un-included timber.

Project area - The area where all operations must be contained within, with the exception of hauling.

Sanitation cutting – (see stand improvement)

Sapling - Young tree larger than a seedling but smaller than a pole (generally >4’ tall and <10.0” DBH).

Sawlog – A tree which has commercial value.

Sawtimber – (see sawlog)

Skid trail – a route used by tracked or wheeled skidders to move logs to a landing or road.

Slash - Vegetative debris generated by Contractor's operation (i.e. limbs and tops).

Snag - Any dead standing tree.

Stand improvement - An intermediate treatment made to improve the composition, structure, condition, health, and growth.

Stump Height - Shall not exceed 12” measured from the ground on the uphill side for sawlogs or 6” for

POL material and 4” for brush; or 4” above natural obstacles (boulders, wildlife logs, etc.).

Wattle - man-made cylinder of compressed, weed free straw use to intercept water running down a slope.

http://dictionaryofforestry.org/dict/term/sapling http://dictionaryofforestry.org/dict/term/mature_tree http://dictionaryofforestry.org/dict/term/pole

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Technical Exhibits:

EX 1: Hog Fire Project Overview Map (See attachments)

EX 2: Hog Fire Project Map – East Units (See attachments)

EX 3: Hog Fire Project Map – West Unit (See attachments)

EX 4: Performance Requirements Summary/Quality Assurance Surveillance Plan (see below)

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EXHIBIT 4: PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Work Tasks to be

Performed

Acceptable Quality Level Method of Surveillance Consequences, Remedies, and/or

Deduction(s)

Task(s) 1-4

No more than 1 unsatisfactory inspection result per week.

The COR or another

Government Representative will inspect the project site twice per week.

Verbal notification of the deficiency from the COR. Contractor will have 7 calendar days to correct the deficiency. Failure to correct the deficiency in 7 days will result in a written notice and possible issuance of a Cure Notice from the CO.

Task: Writing and submission of the

Operations Plan

Submission of a practical, coherent Operations Plan that covers the entire scope of the work to be completed under the contract

COR receives the

Operations Plan within the assigned time and in the designated manner.

Verbal notification of the deficiency from the COR. Contractor will have 7 calendar days to correct the deficiency. Failure to correct the deficiency in 7 days will result in a written notice and possible issuance of a Cure Notice from the CO.