SOLICITATION.pdf

OMB Approved No. 9000-0006

SOLICITATION OFFER AND AWARD

1.THIS CONTRACT IS A RATED

ORDER RATING PAGE OF 1 47

UNDER DPAS (15 CFR 350) PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

RFP-S-05-SS-15-08-261 [ ] SEALED BID (IFB) 08/08/2008 NO.

[ x ] NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Southern Sierra Province 1600 Tollhouse Road Clovis, CA 93611

USDA Forest Service Southern Sierra Province 1600 Tollhouse Road Clovis, CA 93611

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or serviced in Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 1600 TOLLHOUSE ROAD, CLOVIS, CA 93611 until 4:30 P.M. local time SEPT. 8, 2008

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: STEVEN TEVES 559 297-0706 EXT. 4838

11. TABLE OF CONTENTS

(✔ ) SEC. DESCRIPTION PAGE(S) (✔ ) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 ⌧ I CONTRACT CLAUSES 7

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK/STATEMENT 19 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 3 X K REPRESENTATIVES, CERTIFICATIONS AND 3

X F DELIVERIES OR PERFORMANCE 2 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 2 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 3

X H SPECIAL CONTRACT REQUIREMENTS 4 X M EVALUATION FACTORS FOR AWARD 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or Print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE code) IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

NSN 7540_01_152_8064 33-133 STANDARD FORM 33 (REV.4-85)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.214(c)

RFP-S-05-SS-15-08-261

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICE/COST

2008 Mechanical Thinning, Bass Lake Ranger District, Sierra National Forest

Furnish all equipment, labor, supplies, supervision, transportation, and incidentals necessary to perform the work in accordance with the specifications, terms, and conditions contained within.

ITEM

NO.

SUPPLIES OR SERVICES EST.

QTY

UNIT

UNIT

PRICE

TOTAL

PRICE

Thin/Release/Site Prep in Plantations and Wildstands/DFPZ- Fuelbreak

Acres

Thin/Release/Site Prep in Plantations and Wildstands/ DFPZ-Fuelbreak

TOTAL >>>>>>>>>>>>>>>>>>>

Bidders are encouraged to visit the work sites on their own. For information regarding directions contact Francey Blaugrund at (559) 877-2218 Ext. 3205 or Ext. 3282

NOTE: Reference Section L, paragraph L.7 - Technical Proposal Instructions. Also, make sure to designate yourself or an agent of your company in paragraph K.2, Certificate Of Independent Price Determination, page 43-44. Please return the SF-33, this page along with your technical proposal and paragraph K.2 to: 1600 Tollhouse Road, Clovis, CA 93611, Attn: Steven Teves.

For Item #1, the contractor shall provide two (2) mastication machines working concurrently for the duration of the contract. On Item #2 the contractor shall provide one (1) mastication machine that will be used for the duration of the contract. If both Item #1 and Item #2 are awarded to one contractor, the Contracting Officer shall permit one mastication machine to work concurrently on both items until Item #2 has been completed.

PART I – THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

The purpose of this contract is to reduce brush, release and thin conifers, and prepare sites in stands by mechanically shredding/mulching/chipping live and dead brush, created and existing slash, small dead conifers, and live conifers. Work shall be done in a manner that does not damage residual trees or vegetation not specified to be treated.

Work is to be performed on the Bass Lake Ranger District, Sierra National Forest.

C.2 DESCRIPTION AND LOCATION

The location of the work site, access to the site and other information pertinent to each unit is contained on the vicinity maps in Section J and in the paragraphs below. Several of the project areas are behind locked gates. Contact the district office for assistance.

(a) Item No. 1: For reference use Thomas Bros. Maps and Road Atlas of California

Pages 49 and 50.

Directions are given from the Bass Lake Ranger District Office, North Fork CA. To reach the District office from Fresno, take Highway 41 northeast to the O’Neals turnoff, which is Road 200, and turn right. Proceed to the town of North Fork and the district office is located at 57003 Road 225.

Bass Lake Annex RAC Project Area:

Proceed west on Road 200 for 100 feet and turn right onto Road 222 and travel about

2.5 miles to the intersection with Road 221. Turn right onto Road 222 and proceed for approximately .5 mile and Unit 526-46 is located on the left side of the road and Unit 526-45 is located on the right side of the road. Continue on Road 222 and the northern part of 526-45 can be accessed by turning right onto Cedar Lane. Contact this office for assistance through the gate where Cedar Lane meets Road 7S57. Return to Road 222 and travel for a short distance and Unit 526-44 is located on the left side of the road.

Cedar Valley TS DFPZ Fuelbreak Project Area:

Proceed east on Road 200 and turn left on to Road 274. Proceed toward Bass Lake/Oakhurst and travel for approximately 11 miles to Road 222. Continue on Road 222 for 3 miles to Highway 41 and turn right and proceed north for ½ mile to the Sky Ranch Road (Rd 6S10).Turn right on to Road 6S10 and proceed for 1.6 miles past the last house of the subdivision and on the left side of the road (across the street from Rd 6S10Y) is a dirt road that leads to Unit 740-02. Return to Road 6S10 and proceed a short distance and Unit 740-04 is located on the right side of the road. Continue on

Road 6S10 and Unit 732-09 is located on the right side of the road. Unit 732-06 is located on the left side of the road. Proceed on Road 6S10 and turn left on to Road 6S97 (Calvin Crest turnoff) and follow a short distance and turn left on to Road 6S39.

From Road 6S39 the north section of Unit 732-06 and Units 732-17 and 732-18 can be reached. To the north of Rd 6S39 is Unit 732-503. Return to Road 6S97 and turn left and Unit 732-11 is located on the left side of the road.

Return to the Sky Ranch Road 6S10 and turn left and proceed for a short distance and turn right onto Road 6S11. Travel for a short distance and Unit 738-121 is located on the right side of the road and starts at spur Rd 6S11A. Return to the Sky Ranch Road and turn right and travel for approximately ½ mile and turn left on to Road 6S47Y and travel for approximately 1/2 mile. Turn left on to Road 6S90 and travel for 1+ mile and pass through the Calvin Crest private property and just past Road 6S90F, Unit 732-13 is located on the left (west) side of the road and Unit 726-01 is located on the right side of the road.

Fish Camp Project Areas:

Proceed east on Road 200 and turn left on to Road 274. Proceed toward Bass Lake/Oakhurst and travel for approximately 11 miles to Road 222. Continue on Road 222 for 3 miles to Highway 41 and turn right and proceed north towards the town of Fish Camp/Yosemite National Park for approximately 13 miles and turn right on to Road 5S06 / Mt. Raymond Road. Proceed for a short distance and turn left just before the Goat Meadow Snow Play parking area. Proceed for 1 mile and Unit 706-501 is located on both sides of the road. Continue on Road 5S06 and stay to the left and then follow to the right on to Road 5S37. Travel for approximately 2 miles and turn right on to Road 5S22. Travel for a short distance and turn left on to Road 5S22X. Unit 706-502 is located on the left side of the road. Travel a short distance and Unit 706-506 is located on the right side of the road near the intersection with Road 5S22XC. Turn left on to Road 5S22XC to reach Unit 706-103. Return to Road 5S22X and travel a short distance and at the intersection with Road 5S22XA is Unit 706-104. Continue to the end of Road 5S22XA is Unit 706-101.

Return to Road 5S22 and turn left and Unit 706-508 is located on the left side of the road as is Unit 706-511 and Unit 716-516. Unit 706-514 is located on the right side of the road. Continue for a short distance and just past Road 5S22Y is Unit 706-117 located on the left side of the road.

Return to Road 5S22Y and Unit 716-114 is located on the left side of the road. Return to Road 5S22 and turn left and proceed towards Big Sandy Campground and follow the fork to the left and the road becomes Rd 6S07. Travel for approximately 1 mile and turn left on to an old spur road to reach Unit 716-110.

Grizz-Long Project Areas:

Proceed east on Road 200 for approximately 5 miles and the road becomes Forest Service Road 4S81. Proceed on Road 4S81 for approximately 30 miles just past the Soda Springs Campground is Road 6S71 also known as the Grizzly Road. Turn left and proceed for 1+ mile and Unit 514-09 is located on the right side of the road at the intersection with Road 6S47. Continue on Road 6S71 for approximately 1 mile and Unit 514-39 is located on the left side of the road. Proceed for a short distance and Unit 514-12 is located on the right side of the road. Continue on Road 6S71 and turn right on to Road 5S71Y and Unit 514-40 is located on the right side of the road. Return to Road 6S71 and proceed for a short distance and Unit 514-41 is located on the left side of the road at the intersection of Road 6S502.

Sonny Meadows Project Areas:

This project area is located in Mariposa County. Proceed east on Road 200 and travel for .5 mile to the intersection with Road 274 and turn left. Proceed for approximately 11 miles and Rd 274 merges with Rd 222. Continue on Road 222 for approximately 3 miles towards Highway 41. Turn left onto Highway 41 (south) and travel for 3 miles to Highway 49 and turn right. Travel on Highway 49 for approximately 12 miles and turn right on to Worman Road. Travel through private property for approximately 1 mile and the paved road becomes dirt and then merges with Road 6S24. Turn left on to Road 5S16 and continue for a short distance and Unit 730-503 is located on the right side of the road. Unit 770-4 is the next unit on the right side of Road 5S16. Travel a short distance and turn right onto spur Road 5S16C and follow to the logging spur to the right to reach the following units: 770-9, 770-10, 770-11 and 770-57. Return to Road 5S16 and turn left and proceed a short distance and turn left onto Road 5S12X and Unit 770- 6 is located on the left side of the road and Unit 770-2 is located on the right side of the road. Proceed on Road 5S12X and Unit 770-5 is located on the left side of the road and Unit 770-8 is located on the right side of the road. Proceed a short distance and Unit 770-01 is located on the left side of the road and Unit 710-501 is also on the left side of the road. Proceed a short distance and Unit 770-200 is located at the intersection with Road 5S12.

(b) Item No. 2: For reference use Thomas Bros. Maps and Road Atlas of California

Pages 49 and 50.

Cedar Valley RAC Project Area:

Proceed east on Road 200 and turn left on to Road 274. Proceed toward Bass Lake/Oakhurst and travel for approximately 11 miles to Road 222. Continue on Road 222 for 4 miles to Highway 41 and turn right and proceed north for 3 miles to Cedar Valley Rd (Rd 6S12). Turn right on to Road 6S12 and proceed for a short distance and Unit 732-22 is located on the left side of the road and Unit 732-21 is located on the right side of the road. Turn right on to Road 6S12Y Deer Run Trail and Unit 732-20 is to the right.

C.3 CONTRACTOR FURNISHED EQUIPMENT

Specific equipment to be furnished by the Contractor is as follows:

(a) The equipment shall be capable of working on slopes up to 50% and shall have a boom mounted adjustable, mechanically or hydraulically powered cutting head that controls the height and angle of shredding head/blade. The boom shall be capable of working in areas less than 6 feet wide.

(b) Equipment shall be capable of severing, and reducing to a maximum length of five feet for Item #1 and three feet for Item #2, shrubs and trees less than eleven inches D.B.H. in all of the project areas. The boom and powered cutting head shall be capable of cutting down and shredding/masticating all shrubs, trees and both existing and created slash material to a mulch condition.

(c) Equipment shall be track mounted to minimize soil compaction and disturbance on slopes. The cutting head shall be mounted on a swinging boom to maximize release of conifers with a minimum amount of damage and number of passes needed to treat the area.

(d) Equipment shall be in good running condition with no excessive fluid leaks or overheating.

(e) The Contractor shall provide all tools and equipment needed for the job.

(f) The Equipment Operator(s) and Contractor’s Representative must be able to speak fluent English and understand the written English language.

C.4 CONTRACTOR FURNISHED OPERATORS

The Contractor shall provide Equipment Operators with the following experience:

(a) Experience operating the equipment in a safe and practical manner while working in

Conifer Plantations, Natural-Wild Stands and DFPZ Fuelbreaks.

(b) Experience operating the equipment to meet work methods and standards, and work description and spacing requirements without damaging leave trees or resource/protected sites.

(c) Experience operating the equipment on slopes 45% to 50% while protecting soil conditions.

(d) Contractor will provide a listing of operators they will be utilizing on this project, which will address bullets (a-d) and shall be submitted as part of their technical proposal (reference Section L.7, Technical Proposal Instructions).

C.5 INSPECTION OF EQUIPMENT

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

C.6 EQUIPMENT CLEANING

The Contractor shall ensure that prior to moving on to the project area, all off-road equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off Road Equipment” includes all logging, construction machinery and brushing equipment (brush hogs, masticators, chippers) except log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

The Contractor shall notify the Forest Service at least 5 working days prior to moving each piece of equipment on to National Forest Land, unless otherwise agreed.

Notification will include identifying the location of the equipment’s most recent operations. Unless the prior location of operation is known to be free of noxious weeds as documented in a Weed Risk Assessment, Forest Service may assume that the equipment is contaminated with noxious weed seeds. In general, because of the magnitude of the yellow star thistle infestation in northern and central California, equipment coming from off-forest sites will be considered contaminated and cleaning/washing will be required. Upon request of Forest Service, arrangements will be made for Forest Service to inspect each piece of equipment prior to it being placed in service.

The Contractor shall thoroughly clean all off-road equipment before entering the project areas. The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weed seeds. Equipment shall be considered clean when a visual inspection by the Contracting Officer Representative verifies that the equipment does not disclose soil, seed, plant material, and other such debris. Disassembly of equipment components or specialized inspection tools is not required. For subsequent moves between project areas, the Contractor shall be required to use water to wash down and thoroughly clean the equipment. Notification to the Contracting Officer and his representative at least 48 hrs prior to a move shall be required to initiate the scheduling of a water source for the wash down.

The Contracting Officer’s Representative (C.O.R.), Government Inspector or authorized Forest Service employee shall observe and inspect the wash down process to verity that off-road equipment is free of noxious weeds prior to each start-up of contract project item areas.

C.7 PUBLIC SAFETY

The Contractor shall provide and install large, easily read warning signs along the roads or access trails, warning the public or other visitors of the hazards of the machine during operations. These signs shall state that all persons shall remain at least 200 feet from the machine during operations and approach only by permission of the operator.

Contractor's operation shall facilitate Forest Services' safe and practical inspection of Contractor's operation and conduct of other official duties in the contract area.

Unless otherwise agreed in writing, when Contractor's operations are in progress adjacent to or on roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls which provide the forest user with adequate warning of hazardous conditions associated with Contractor's Operations.

Contractor and Contracting Officer and/or his Representative (COR) shall agree to a specific traffic control plan for each individual contract work area prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flag persons and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highway" (MUTCD).

C.8 ORDER OF WORK

The Contracting Officer and/or his representative may specify an order of work by item or sub-item (unit) within an item, without additional cost to the Government. Work may be performed at any time during the period of the contract, except as specified as followings:

(a) In accordance with the attached fire plan.

(b) When the Contracting Officer and/or his representative determine that adverse weather has made access or project production too dangerous or that continued vehicular travel would cause unacceptable road damage.

(c) When the Contracting Officer and/or his representative has determined that weather conditions are unfavorable for mechanical thinning operations to continue due to increased risk of insect infestation.

(d) Limited Operating Period’s (LOP): A LOP for the protection of Spotted Owls and Great Gray Owls from March 1st through August 15th and for the protection of Goshawks from February 15th to August 31 when activities are prohibited in specific units in the following project areas; Bass Lake Annex RAC, Cedar Valley RAC, Fish Camp, Grizz-Long and Sonny Meadows.

(e) When the Contracting Officer and/or his representative has determined that soil conditions are to wet and unfavorable for mechanical thinning operations to continue due to the increased risk of soil compaction and /or resource damage. (Refer to C.11(f))

C.9 DEFINITION OF TERMS

1. Blister Rust Fungus: A disease occurring in white pines (sugar pine) that girdles branches and eventually kills the tree. Symptoms of this disease will be swelling in the branches and patches of dead needles.

2. Conifer: A cone-bearing tree with needles or leaf scales (e.g. pine, fir, cedar).

Conifer Plantations are areas that have been planted with conifer seedlings.

3. Created Slash: Debris created from work during this contract, including all cut trees and shrubs such as tops, trunks and branches.

4. Crop Tree: A healthy looking, well formed, undamaged tree that will remain in the stand.

5. Cull (Down) Log: A non-utilized log over 18 inches in diameter on the small end, and 10 feet in length.

6. Cut Tree: Tree to be removed from the stand that is not needed to meet spacing and /or leave/crop trees per acre requirements.

7. Damaged Trees (Created): Any damage created by work under this contract which includes stripping or removing of branches, debarking the bole of a crop tree in excess of ¼ of the circumference.

Damaged Trees (Existing): Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment.

Indicators include dead or broken tops or branches, bark that has been removed extending more than ¼ of the circumference of the tree.

8. D.B.H. (diameter at breast height): The diameter of a tree measured outside the bark at 4 1/2 feet above the ground on the uphill side.

9. Debris: Woody plant material.

10. Dripline/Crown: The tip of the tree’s branches where rain water will drip. The tip of the tree’s branches also identifies the edge of the trees crown.

11. Down Log: All or part of the trunk of a felled tree in various stages of decomposition.

12. Dwarf Mistletoe: A leathery evergreen plant growing as a parasite on trees.

Produces long yellowish shoots and causes swells and cankers in the trees stems.

13. Dominant and/or Codominant: A tree displaying greater height and diameter than its closest competitors. A mature dominant and /or codominant tree is also considered as a mature overstory tree.

14. Existing Slash: Debris existing prior to work under this contract, that may, or may not, have been previously windrowed or piled.

15. Excess Trees: A tree other than a crop tree, that shall be removed during the shredding/masticating/mulching thinning process.

16. Fuel Break DFPZ: A wide strip or block of land on which the native vegetation has been or plans to be modified so that fires burning into it can be more readily extinguished.

17. Fuel ladders: An arrangement and volume of vegetation (brush and/or trees) that grows beneath the drip line or whose bole/stem lies within 8 feet from the drip line of a residual overstory tree. This vegetation increases the threat of ignition and spread of fire into the canopy of trees it grows under.

18. Hardwood: A tree with broad leaves rather than needles (e.g. oak, madrone).

19. Machine/Equipment: Boom mounted rotary type mowers/shredders/masticators.

(Refer to C.3(a-c)).

20. Major Damage: Includes any defect or deformity of a tree resulting from such agents as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, large crooks, and barking extending more than 1/4 of the circumference of the tree.

21. Mapping Boundary: An artificial perimeter established by a series of connecting straight lines, which approximate an average of the irregularities of the unit boundary. The mapping boundary is used in the computation for payment of the enclosed area.

22. Minor Damage: Crooks in the trunk, which are offset less than 3 inches from the long axis and within 13 feet of the ground, and barking of 1/4 or less the circumference of the tree.

23. Natural-Wild Stands: An area of land that consists of an array of natural vegetation such as trees, brush and grass. The condition and arrangement of these trees and brush are requiring a mechanical thinning treatment. These natural-wild stands have not been treated in recent years.

24. Noxious Weeds: Those plant species designated as noxious weeds by the Secretary of Agriculture or by the responsible State official. The primary species of concern for the project area are: yellow starthistle, medusa head, Klamath weed, bull thistle and Italian thistle. Any plant species designated as noxious by the California Department of Agriculture would be of concern if found in the project area. This list can be viewed at www.cdfa.ca.gov/weedhome.

25. Multi-storied stands: A varying-aged forested area that consists of various types of trees that have different ages and heights. These trees are considered either dominate, co-dominate, intermediate, or suppressed.

26. Release: Removal of unwanted vegetation adjacent to a leave tree.

27. Residual: Pockets of trees containing crop trees, damaged and disease trees.

28. Shred/Masticate/Mulch: Created and existing slash which has been treated shall lie in close contact with the soil. Trees and brush shall be shredded, torn, and broken into narrow strips to 5 feet or less in length for Item #1 and 3 feet or less in length for Item #2.

29. Shrub/brush: A woody plant with no main stem, which may grow higher than 7 feet, commonly called brush. For example: ceanothus, manzanita, and chokecherry.

30. Site Preparation: The mulching/mastication of competing brush, damaged and/or poor vigor small residual conifers by shredding, cutting, and/or chipping to prepare the site for tree planting, while preserving any thrifty crop/leave trees that may be present.

31. Spacing: The horizontal distance from the trunk of one crop tree to the trunk of the next nearest crop tree.

32. Stump Diameter: The diameter of a tree measured outside the bark at six inches above the ground on the uphill side.

33. Terrace: Any of a series of flat platforms of earth with sloping sides, raising one above the other, mechanically constructed on the contour, as on a hillside with slopes. (The terraces were planted with seedlings on the flat portion of the platforms.)

34. Thinning: The removal of trees in excess of those leave/crop trees to be left for future management.

35. Threatened, Endangered, or Sensitive Plants (TES Plants): Threatened or Endangered Plants are species officially listed by the US Fish and Wildlife Service. Sensitive plants are those plant species identified by the Regional Forester for which population viability is a concern. Please see the Biological Assessment/Biological Evaluation for TES plants for details (in the project file at the Bass Lake Ranger District Office in North Fork, CA).

36. Unit: A subdivision of a bid item with a closed perimeter.

37. Unit Boundary: The perimeter of the work unit as indicated by the Forest Service markings at various points along an irregular perimeter. In some instances, the perimeter of the work unit will be defined by roads, drainages, uncut timber stands, natural barriers such as rocks, washouts, or others. Some situations require the exercise of common sense, as it is only possible to mark points along the irregular line.

38. Windrow: Rows of pushed brush, trees, and debris. The rows are normally on the contour.

39. Work Areas: An area of forestland where the Forest Service has an established fuel break, plantation or natural-wild stands consisting of planted and/or natural conifers. These conifers may be surrounded by various brush species.

Competing brush species may impede the conifers growth.

C.10 SALVAGE MATERIAL

If authorized by the Contracting Officer, salvage material shall be made available to the Contractor. Any such material created by this contract will become the property of the Contractor on a salvageable basis and may be removed from the project, provided project work is progressing as scheduled and removal is completed prior to completion of that sub-item. Rights to any material not removed from the project areas prior to expiration of the contract shall revert back to the Government. Salvage rights may be granted by the Contracting Officer if the Contractor requests such rights in writing.

Permission to remove salvage material will be by letter and is not transferable. Land management direction guidelines for required down logs per acre will be provided.

C.11 NON-WORK AREAS / RESOURCE PROTECTION

Within the general project area, the Contracting Officer will exclude non-work areas such as: rocky areas, wildlife areas, non operable portions of terraces, noxious weeds and sensitive plant areas, streamside protection zones, meadows, and/or areas with a dense oak canopy, Cultural Resources Protection areas and other special areas such as excessively steep slopes. The Contracting Officer will designate non-work areas.

Such areas exceeding 1/2 acre in size will be excluded from payment. The attached maps are intended to show only the general size and location of work areas and are not intended to be accurate as to shape and dimensions. The position of cultural and topographical features also may be approximate.

(a) Work areas have been strung, flagged, or otherwise designated on the ground.

(b) The Contractor shall not operate and shall not refuel within Stream Management

Zones (SMZ). Stream management zone boundaries will be identified with blue and white polka-dot flagging, or otherwise designated prior to commencing unit treatment.

(c) Equipment shall not cross meadows, stream channels, and/or designated non-work areas except at locations designated by the Contracting Officer and/or his representative. Contractor shall maintain a 25’ buffer along meadows.

(d) Equipment shall not operate on areas steeper than 50%.

(e) Leave all snags over 16 inches in diameter and over 20 feet in height. These snags shall not be pushed over, damaged, or disturbed.

(f) Mechanical operations will be restricted to periods when surface soils in the operating area are drier than the "plastic limit", to a depth of 30 cm (12 inches). A test to determine the plastic limit can be measured by rolling soil with your hand on a flat surface that produces a wire of soil 1/8 inch in diameter. Equipment shall be operated only when soil moisture conditions prevents unacceptable compaction or soil displacement. Typically, soil moisture conditions are a concern between the months of November and April.

(g) Protection of Land Survey Monuments. The Contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees against avoidable destruction, obliteration, or damage during the Contractor's operations. Known corners are identified on the contract maps by black diamonds.

It is the Contractor's responsibility to locate and protect them during operations.

If the Contractor causes damage as detailed in the above paragraph, the Contractor shall hire the appropriate registered land surveyor to establish or restore at the same location the monuments, corners, or accessories. Such surveyors shall use procedures in accordance with the "Bureau of Land Management Instructions for the

Survey of the Public Lands of the United States" for the General Land Office surveys, and in accordance with the State law for others. The Contractor shall record such survey in the appropriate county records.

(h) Protection of Improvements. Contractor shall protect improvements from damage and shall be responsible for their timely restoration if damaged by Contractor's Operations. Improvements include but are not limited to; water tanks, fences, gates, pipeline, culverts, helispot, existing roads, water bars, under ground fiber optic cable, stock driveways, power lines, established land corners, established hiking and motorcycle trails and all private property.

(i) Equipment shall not be walked between units on paved or chip-sealed roads. The walking of equipment between units shall be at the direction of the Contracting Officer and/or COR, to avoid the possibility of entering a Control Area and/or resource damage.

(j) Exit and entry of units shall be confined to within unit boundaries unless otherwise stated by the Contracting Officer and/or COR. Entry and exit points to the unit shall be chosen in a manner as to reduce resource damage and soil erosion.

(k) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on the project area, the Contractor shall take appropriate preventative measures to insure that any spill of oil or oil products does not enter the soil, any stream, or other waters.

If the total oil or oil storage exceeds 4996 liters (1320 gallons) or if any single container exceeds a capacity of 2498 liters (660 gallons), the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. The proposed plan is to be approved by the Contracting Officer. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a Registered Professional Engineer.

(l) Protection of Cultural Resources: Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431433), National Historic Preservation Act of 1966 (16 U.S.C. 470), and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) will be identified on the ground by the Forest Service. The Forest Service may unilaterally modify or cancel all or portions of this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

The Contractor shall protect Controlled Areas (CA) shown on the Project Unit Maps, by AVOIDANCE, and shall protect all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during the Contractor's operations. The Contractor shall immediately notify the Contracting Officer and the COR if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Contracting Officer authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads, landings, tractor roads, or skid trails approved by the Contracting Officer and/or his representative. The Contractor may be required to restore disturbed areas where the Contracting Officer has approved incursion.

All known Controlled Areas are identified on the project map and on the ground with flagging. The sites may be re-flagged immediately prior to operations.

(m)Protection of Sensitive Plant Populations. No known populations of sensitive plants occur within or adjacent to the designated units. The Contracting Officer Representative will designate any protected plants located within any of the units for protection. Elderberry bushes/tree shall not be damaged. To maintain stand diversity, trees and/or brush providing homes to wildlife shall not be damaged or disturbed.

(n) Control of Dust near Sensitive Areas. The Contracting Officer and/or his representative may require the Contractor to cease operations when the wind speed is such that dust from operations will blow into sensitive areas. Sensitive areas are those occupied by the public including developed campgrounds and residences.

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

(o) The Contractor shall remove all trash from the work site.

(p) The Contractor shall be responsible for determining the location of buried utilities and preventing damage to them.

(q) Areas with an excessive amount of rock or rock outcrop areas on the soil shall be avoided. These areas will be designated by the Contracting Officer Representative.

(r) Heavy equipment shall not work or leave the boundaries of the work areas without written permission from the Contracting Officer. This is intended to avoid the possibility of damage to sensitive or protected sites outside the work boundaries.

The "walking" of equipment cross-country between work units is not allowed without the written permission of the Contracting Officer.

(s) There may be terraces or portions of terraces that have existing non-treatment areas. These non-treatment areas may be due to one or more of the following conditions: angle of the slope, existing rock at the edge of the flat platform, width of terrace, height and angle of the cut bank, and/or the size of the tree’s diameter.

C.12 WORK METHODS AND STANDARDS

For Item #1, the Contractor will provide two track mounted operating pieces of equipment with masticating/mulching/shredding type heads attached at the end of the equipments’ boom working concurrently for the duration of this contract. For Item #2, the Contractor will provide one track mounted operating piece of equipment with a masticating/mulching/shredding type head attached at the end of the equipments’ boom.

(a) Protection of residual trees shall be the highest priority in all operations. Excessive residual stand damage may result in contract shut down and/or contract termination.

Excessive damage shall be defined as damage to 10% or greater of the residual trees.

(b) The Contractor shall be responsible for avoiding identified buried utilities.

(c) The Contractor shall not operate in areas within the units that exceed 50% slope, or in areas where the ground conditions may damage Contractor's equipment, such as excessively rocky sites. These areas will be excluded from measurement for payment.

(d) Water bars in skid trails, fire lines, culverts, draws and roads disturbed by the Contractor shall be restored to condition prior to damage at the Contractor's expense. Culverts, stream channels, draws and roads shall be free of all slash and debris.

(e) The Contractor shall operate equipment in a manner that limits soil displacement.

(f) Riparian vegetation shall not be shredded, cut or damaged.

(g) Downed logs shall not be shredded or cut and shall be left in an undisturbed state to the greatest extent practical.

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

(i) The shredded/masticated/chipped material shall be evenly distributed over the treated areas so as to not leave large accumulations of slash. Concentrations of brush, slash, and small dead trees may need repeated treatment in order to satisfy desired work standards.

(j) Dead and excess live trees and brush, and created and existing slash and/or existing slash piles shall be shredded. The shredded material shall not be pushed into leave trees. All cut material shall be shredded according to contract requirements.

(k) Equipment will not be permitted to cross meadows, stream channels, or other non-work areas except at locations designated by the Contracting Officer or COR.

(l) Soils in the operating area must be dry enough to prevent rutting and/or compaction by a single pass of the equipment.

(m) The Contractor shall not operate and shall not refuel within Stream Management Zones (SMZ). Stream management zones boundaries will be identified with white with blue polka-dot flagging or otherwise designated prior to commencing unit treatment.

(n) Protect rock out crops that support islands of mature vegetation such as manzanita and protect Blue Elderberry Bushes.

(o) The Contractor shall be required to work the edge of the project boundary along all private property and road side edges. To prevent unoffical access where the project area boundary meets the edge of a road, the Contracting Officer’s Representative shall determine where to leave untreated existing vegetation along portions of some roads.

C.13 WORK CONDITIONS

Shredding and clearing may be done at any time during the term of the contract, except under the following conditions:

(a) Weather predictions indicate a hazardous fire condition warranting curtailment of operations, as specified elsewhere in this contract.

(b) When ground conditions are such that machine operations could cause resource damage.

(c) Between dusk and dawn.

(d) Between December 1st and June 30th when shredded/cut/chipped material is larger than 3" diameter and consists of Pine species.

(e) Before 7:00 A.M. on weekdays or 8:00 A.M. on weekends when operating within ¼ mile of residences or campgrounds.

(f) Limited Operating Period’s (LOP): During Limited Operating Period from March 1st through August 15th, activities are prohibited for the protection of Owls in the following project areas: Bass Lake Annex RAC Unit 526-45, Cedar Valley TS Unit 738-121, Fish Camp Units 706-101, 706-104, 706-117 and 716-110, Grizz-Long Unit 514-041 and Sonny Meadow Unit 770-6, 770-09, 770-10, 770-11 and 770-57.

For the protection of Goshawks a Limited Operating Period from February 15 to August 31 activities are prohibited in the Cedar Valley Project Area in Units 732-06, 732-11, 732-17 and 732-18 and 732-503.

C.14 SELECTION OF LEAVE TREES

(a) Hardwood Trees:

Hardwood trees over 10 feet in height or 4 inches in diameter shall be considered potential crop trees.

(b) Leave Trees/Conifers:

Leave trees shall generally be the tallest, most vigorous, healthy, largest crown, and straightest stems that are free of damage due to insects, diseases, physical or mechanical causes. The Contractor shall select leave trees based on the following priorities:

1. Healthy undamaged trees at the required spacing intervals.

a. Crown class - must be either vigorous dominant or co-dominant.

b. Crown ratio - 30% or more of the total height must be live crown.

c. Vigor - healthy and vigorous in appearance. Terminal growth must be equal to or greater than that of competitors.

2. If no healthy, undamaged tree exists within the spacing requirements, leave the best disease free tree available, including oaks, to meet the stocking requirements.

3. If no healthy tree with minor damage exists, leave a tree as defined below:

a. A tree with minor mistletoe infection: Minor mistletoe infection is defined as a tree with 20 percent or less of the crown infected and with no mistletoe within one foot of the main bole.

b. Trees with crown damage may be left providing there are no signs of rot and the tree has established a new leader (top) with a minimum of two years growth visible.

4. Within categories listed above, selection shall be made based on the following priority order:

a. Ponderosa, Jeffrey pine and /or Giant Sequoia

b. Sugar pine

c. Incense cedar

d. Fir

e. Oak

f. When no other priority leave tree is present, then a disease free Knob

Cone Pine tree shall be left.

C.15 WORK DESCRIPTION AND SPACING

(a) Thinning/Release/Plantations/DFPZ Fuel break Natural-Wild Stands and/or Conifer

Plantations:

1. In multi-storied stands, remove fuel ladders from beneath and within 8 feet of the drip line of the residual overstory trees. Shred/masticate/mulch brush and excess trees less than 11" DBH, to achieve an average leave/crop tree spacing of 15' x 15’ (170-210 trees/acre) or 16’ x 16’ (155-190 trees/acre) or 17’ x 17’ (140-170 trees/acre) between boles /tree stem. (See attached data table for spacing requirements, listed in Section J). Spacing can be varied to take advantage of a better crop tree. If present, shred/masticate/mulch all vegetation beneath the electrical power lines and watch for guy wires. Trees and/or brush providing homes for wildlife shall not be disturbed.

2. In openings within the stand, shred/masticate/mulch brush and excess trees that are less than 11" DBH, and greater than 8 ft. from the drip line of residual overstory trees to achieve an average leave/crop tree spacing of 15' x 15’ (170- 210 trees/acre) or 16’ x 16’ (155-190 trees/acre) or 17’ x 17’ (140 - 170 trees/acre) between boles/tree stems. (See attached data table for spacing requirements, listed in Section J). If present, shred/masticate/mulch all vegetation beneath the power lines and watch for guy wires. Trees and/or brush providing homes for wildlife shall not be disturbed.

3. In conifer plantations where natural and/or planted trees exist, shred / masticate / mulch excess trees less than 11" DBH, to achieve an average leave/crop tree spacing of 15' x 15’ (170-210 trees/acre) or 16’ x 16’ (155-190 trees/acre) between boles/tree stem. (See attached data table for spacing requirements, listed in Section J). Spacing can be varied to take advantage of a better crop tree. If present, shred/masticate/mulch all vegetation beneath the power lines and watch for guy wires. Trees and/or brush providing homes for wildlife shall not be disturbed.

(b) DFPZ/Fuel break:

1. The work area is within a DFPZ and shaded fuel break located along forest open areas and road edges. Remove fuel ladders from beneath and within 8 feet of the drip line of the residual overstory trees. Shred/masticate/mulch brush and excess trees less than 11" DBH to achieve an average leave/crop tree spacing of 16’ x 16’ (155-190 trees/acre) or 17’ x 17’ (140-170 trees/acre) between boles/tree stem (see the attached data table for spacing requirements, listed in Section J). The results shall produce a DFPZ/shaded fuel break of sound relatively large, thrifty, leave/crop trees with vertical and horizontal fuel discontinuity. Treat both individuals of paired trees the same. All competing vegetation shall be shredded/masticated/mulched. If present, shred/masticate/mulch all vegetation beneath the power lines and watch for guy wires. Trees and/or brush providing homes for wildlife shall not be disturbed.

(c) Protection/Fuel Reduction Buffer Zone:

1. In addition to the contract specifications, a 50’ wide fire protection/fuel reduction buffer zone shall be masticated along portions of the boundary in specified plantations. The buffer zone shall begin where previous site prepared areas merge with untreated vegetation. Shred/masticate/mulch all vegetation beneath the power lines and watch for guy wires. Trees and/or brush providing homes for wildlife shall not be disturbed.

(d) Site Prep:

1. Site preparation shall be completed in areas with less than 100 trees per acre.

Within site prep areas, the Contractor shall shred/masticate/mulch brush and damaged, diseased or poor vigor residual conifers less than 11" DBH. This will be completed by shredding, cutting, and/or chipping to prepare the site for tree planting, while preserving any thrifty disease free crop/leave trees that may be present. Shred/masticate/mulch all vegetation beneath the power lines and watch for guy wires. Trees and or brush providing homes for wildlife shall not be disturbed.

C.16 STUMP HEIGHTS

All project created stumps, including those of shrubs, shall be less than 6 inches high as measured from the uphill side for Item #1 and 3 inches for Item #2. Scattered stump heights up to no more than 8 inches from any natural obstacles such as rocks or downed logs will be tolerated on up to 10% of the area. Ninety percent of the live limbs or stems of trees and brush will be severed from the stump.

C.17 SLASH, BRUSH AND TREE TREATMENT

(a) All brush within the designated units shall be shredded except brush growing so close to adjacent leave trees that attempted brush removal would cause damage to the leave tree; generally 15.2 cm (6 in.) or closer to residual tree.

(b) Created and existing slash shall be shredded/mulched/masticated and shall lie in close contact with the soil no higher than 9 inches off the ground nor exceed five feet in length in Item #1 and three feet in length for item #2. Created and/or existing windrows and piles shall be considered as existing slash unless otherwise indicated.

(c) Brush shall be severed from its main stem no more than 6 inches (15.2 cm) for Item #1 and no more than 3 inches for Item #2 from the ground on level surfaces, and no more than 8 inches (20.3 cm) from any natural obstacles such as rocks or downed logs.

(d) All cut trees and brush shall be shredded/mulched/masticated within the work areas.

Any cut material not masticated that encroaches upon protected sites, roads, telephone/power lines, established trails, stock driveways, fence lines, established land corners, stream zones, outside of the unit boundaries and other improvements not listed, shall be removed if possible.