!Mastication Groveland Task Order 2.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 8

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

RFQ-S-05-SS-13-09-325

DATE

3-6-09

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Patrick J. Gallegos Calls559-297-0706 x 4830 LOCAL TIME INFORMATION CALL: 4-6-09 – 3:00pm

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service – Southern Sierra Province

UNRESTRICTED OR SET ASIDE: 100 % FOR

1600 Tollhouse Rd SMALL BUSINESS EMERGING SMALL

BUSINESS

Clovis, CA 93611

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7 million OWNED SMAL BUSINESS L

13b. RATING 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MA KED R

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

SOUTHERN SIERRA PROVINCE

1600 Tollhouse Rd Clovis, CA 93611

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA – National Finance Center P. O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Mechanical Thinning and Fuel Reduction

USDA Forest Service Stanislaus National Forest Groveland Task Order #2

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __2_____________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOL NO.RFQ-S-05-SS-13-09-325

Groveland RD Task Order #2

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Optional

Long Shanahan 16060

Long Shanahan 25141

Long Shanahan 25132

Long Shanahan 25012

Long Shanahan 25013

Long Shanahan 25014

Long Shanahan 25015

Long Shanahan 25157

For Site Information Contact:

Kim Williams – 209-962-7825 Ext. 559

Optional Units may be awarded depending on available funds.

THE BIDDER SHALL BID ALL ITEMS.

Ac

Ac

TOTAL

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

RFQ S-05-SS-15-09-325

Groveland RD Task order #2

Estimated Start Work: June 1, 2009

Contract Time: 72 days Contract Time: Optional Units 46 days

General Notes:

This task order involves performing mastication in the Long Shanahan Project Area.

Contractor will provide all equipment, labor, and materials required to accomplish all specified work on all units.

Separate detailed “Work Plan Schedule” will be required at the same time the bids are due.

All equipment shall be cleaned and inspected prior to start of work.

The perimeters of the work areas have been identified on the maps contained in Section J. The perimeters of the work areas that have been identified on the ground are marked with surveyor flagging. Not all work perimeters have been flagged. Contractor may be required to navigate unit boundary using GPS.

Global Positioning System (GPS) or Geographic Information System (GIS) Arc View method was used to determine the gross size of work units in each item (see unit data tables in section J). Payment will be based on Actual Treatment Acres determined by GPS after contractor completes unit.

Contractor shall be required to have a GPS unit (Global Positioning System) on each piece of shredding equipment capable of 30 ft (9.1 meters) accuracy. Each GPS unit shall be capable of down loading unit location data from F.S. Geographic Information Systems.

Noxious weeds, such as yellow star thistle are known to exist within the project area.

Known concentrations outside unit boundaries shall be avoided. Contractor shall not use these areas for access with service vehicles, take their equipment through these areas or in anyway disturb these sites. However, where it is not possible to keep equipment or service vehicles out of sites infested with noxious weeds, the contractor shall clean equipment and service vehicles so that they are free of soil, seeds, vegetative matter or other debris prior to being moved from infested sites to uninfested units and prior to being transported out of project area.

Task order #2

Additional Definition:

Blister Rust – A disease occurring in Sugar Pine. Indicators are flagging or mortality of branches, swelling of branches or trunk, cracked bark exuding pitch and sometimes showing of yellow powdery spores

Crown Class-Crown class is the description of the relative position of the tree crown with respect to competing vegetation surrounding trees.

(1) Dominant- Tree crown receive full light from above and partly from the sides, Crowns extend above the general level of the crown cover of others of the stratum by 30% or greater.

(2) Co Dominant- Tree crowns receive full light from above but comparatively little form the sides. Crowns form a general level of crown stratum.

(3) Intermediate- tree crowns occupy a definitely subordinate position and are subject to strong lateral competition for crowns of dominants and co dominants.

(4) Suppressed- Tree crowns receive no direct light from above or from the side and are entirely below the general level of dominant and co dominants.

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

Damage 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, or debarking extending more than ¼ or the circumference of the tree.

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

Large Oak- A tree with a DBH of >12 inches (30.5 cm) Medium Oak- A tree with a DBH between 4 inches (10.2 cm) and 12 inches (30.5 cm).

Small Oak- A tree with a DBH < 4 inches (10.2 cm).

General:

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

Task order #2

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

FINE TREATMENT

75% <=6 inches (15.2 cm) in length 20% >6 inches (15.2 cm) and <2 feet (.6 m) in length 5% 2 feet (.6 m) through 6 feet (1.8 m) in length With accumulations not exceeding 18 inches (45.7 cm) in depth

MIXED TREATMENT

25% <=6 inches (15.2 cm) in length 65% >6 inches (15.2 cm) and <2 feet (.6 m) in length 10% 2 feet (.6 m) through 6 feet (1.8 m) in length With accumulations not exceeding 18 inches (45.7 cm) in depth

COARSE TREATMENT

20% <=2 feet (.6 m) in length 75% 2-4 feet (.6 m – 1.2 m) in length 5% 4 feet (1.2 m) through 6 feet (1.8 m) in length With accumulations not exceeding 18 inches (45.7 cm) in depth

See data table for unit treatment.

Specified Work:

In Long Shanahan units retain oak trees and saplings where feasible. Retention may be accomplished by incorporating oaks into roadside sceening, drainages, rock outcrops and other non work areas. Where possible create a 20ft opening around retained oak trees greater then 12” DBH.

Wildlife Screening: Wildlife screening will be retained along road 1S17 and 2S35 where available. Screening will be setback from roads up to 30-70 feet in discontinuous segments 50’ in length and will be staggered to limit visibility into the forest but not provide continuous fuels. Screening need not be retained where features such as cut-banks or rock outcrops prevent visibility into the forest from roads.

All knob-cone pine and gray pine trees with a DBH of 9 inches (22.9 cm) or less shall be shred, cut, and/or chipped.

Species Retention Priority - Conifer species to be favored by priority as leave trees are: 1) sugar pine, 2) ponderosa pine 3) Douglas-fir, 4) incense cedar, 5) white fir, 6) Giant Sequoia, if these species are full crowned, of good form, and free of insects and disease. Retain sugar pine, Douglas –fir, and incense cedar when they are at least half the height of the tallest tree in the 20-foot spacing.

Where conditions allow Contractor shall be required to remove trees, brush, slash, and windrow slash around and underneath overhead utility lines.

Brush present on historical ditches shall be shredded. Contractor’s equipment tracks shall be no closer than 5 feet from ditch. No ground disturbance will be allowed within 16m (5 feet) from the ditch. Existing breeches shall be used if ditch crossings are necessary. Areas located on maps in Section J.

Based on annual pre-implementation protocol surveys of suitable habitat if the following sensitive species are discovered to be nesting in, or adjacent to, the project area, all thinning activities must comply with these Limited Operating Periods:

California spotted owl: March 1 – August 15, within 0.25 miles of the nest

Great gray owl and Goshawk PACs: all shredding activities must comply with these Limited Operating Periods unless surveys confirm that nesting is not occurring:

Great gray owl: March 1 – August 15 Goshawk: February 15 – September 15, within 0.25 miles of the nest.

Noxious weeds, such as yellow star thistle are known to exist within some unit boundaries and along the routes to the units.

Many individual weed locations have been marked with three strands of noxious weed flagging. These markers do not represent the extent of the infestation. It is the Contractors responsibility to avoid treatment within the marked sites.

Unmarked individual noxious weed plants or small sites not known prior to Contractors operations to the extent that it is possible shall not be treated while seed is on the plant. Contactor may leave a buffer of not more than ten feet around these infestations.

Some units contain scattered weeds throughout the unit. These units shall be worked in a manner which will prevent the spread of noxious weeds from infested sites into uninfested areas. The Contracting Officer will designate known areas not infested within units and the Contractor shall work these areas prior to working in an infested area.

The Contractor shall clean equipment and service vehicles so that they are free of soil, seeds, vegetative matter, or other debris prior to being moved from infested sites to uninfested units and prior to being transported out of project area. Clothing, particularly footwear should be free of soil, mud (wet or dry), seeds, vegetative matter, or other debris that could contain seeds. Contractor is required to clean his equipment before a move.

To the extent possible Contractor shall avoid treatment in units infested with high priority weeds while the seed is on the plant. See data table in Section J for a list of known weeds present, weed rating, and priority.

Soil displacement shall be minimized by working the shredding equipment in as straight a line as possible, up and down slopes, given the known limitations of residual trees and terrain. Rutting depth shall not exceed 4 inches (16.6 cm) over

90% of the area. Rutting depth is measured from the top of the undisturbed litter/duff layer to the top of the duff in the rut (“duff-to-duff”)

Protection of the residual trees shall be the highest priority in all operations.

Excessive residual stand damage may result in contract shut down and/or default. No more than four (4) damaged trees per acre will be permitted. If in the opinion of the Contracting Officer damage is excessive, the Contractor shall be required to alter his operations to prevent the occurrence of such damage. If more than four (4) damaged trees per acre exist a cost of $50.00 per tree will be charged.

Trees shall be completely severed from the stump. Stump height shall not be over 3 inches (7.6 cm) or 8 inches (20.3 cm) above natural obstacles. All existing down slash shall be shredded.

Spacing - Trees shall be treated from 19ft X 19ft (121 TPA) through 20ft X 20ft

(109 TPA) spacing. Spacing may be varied up to 25 percent to select the most desirable leave tree. However, the average number of trees per acre or the basal area per acre listed in the spacing table shall be maintained whenever possible, plus or minus 10 percent. Trees on the edge of openings may be left closer together in order to utilize as much growing space as possible from the opening. However, trees on the edge of openings may have branches interlacing for not more than 1/3 of the crown.

Conifers that are greater than 10 inches (25.4 cm) in DBH and are healthy and undamaged shall be included in stocking determination and spacing requirements. Conifers that are greater than 10 inches (25.4 cm) DBH and are unhealthy, damaged, or less than 1 foot (.3 m) in height, and all hardwoods shall be ignored in stocking determination and spacing requirements

Brush shall be severed from its main stem at 3 inches (7.6 cm) and no more than

8 inches (20.3 cm) from any natural obstacles such as rocks or downed logs

Unit 25141 contains soils with severe displacement hazard equipment is limited to 40% slopes and dry season operations only.

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

Unit Acceptance:

The Contractor shall submit a unit to the Contracting Officer for acceptance only when the Contractor’s inspections for quality control assure the work specifications have been met. Government inspection may be by work observation, measurement by pacing, tape, clinometers, prism, ocular estimation, and progress of work over time, or by formal inspection. Formal inspections will inspect at least one percent of the work unit on a systematic plot basis, plots will be 1/100th acre radius (11.8 feet) and will address the work specifications.

Formal Inspection:

The Government will accept a unit when all work has been completed and all work specifications have been met.

Attachments:

Data table Maps -2 pages Wage Determination Fire Plan

Task Order # 2 Data Table

Estimated Fine

Treatment Acres

Estimated Mixed

Treatment Acres Actual Acres Work Area Tree Spacing

5 28 33 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

0 16 16 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

0 59 59 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

0 5 5 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

0 1 1 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

0 4 4 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

0 11 11 Long Shanahan 19X19 (121 tpa) - 20X20 (109 tpa)

Total 25 152

STAND

SPOTTED

OWL LOP

GOSHAWK

LOP

GREAT

GREY OWL

LOP

RCA Buffers/Soil

Concerns Known Control

Area (CA-1) Known Control

Area (CA-2)

Known Noxious Weeds

16060

March 1-August 15 None None 15 ft ephemerals Yes None Klamath Weed

25132

March 1-August

February 15 - September 15 None 15 ft ephemerals Yes None None

25141 March 1-August

15 None None

No equipment within 100' of Big Creek. / Dry season operation ONLY Yes None

Klamath Weed, Bull Thistle

25012 None None None 15 ft ephemerals None None None

25013 None None None 15 ft ephemerals None None None

25014 None None None 15 ft ephemerals None None None

25015 None None None 15 ft ephemerals None None None

25157

March 1-August

February 15 - September 15

None 15 ft ephemerals None None None

Weed Name Rating Project Priority

Yellow Star Thistle (YST) C High

Tocolote (TOC) C High

Bull Thistle (Bull) C High

Himalayan Blackberry Pest Plant Low

Klamathweed (Klamath) C Low

Medusahead Grass C High

Scotch Broom (Broom) C Moderate

Spanish Broom (Broom) Pest Plant Moderate

Spotted Knapweed A High

Wooly Mullein (Mullein) Pest Plant Low

Italian Thistle C High

Unit Information Data Table (2)

Unit Information Data Table (1)

Optional 25012

Optional 25013

Optional 25014

Optional 25015

16060

25132

25141

Stand

State: California Area: California Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on service contracts for forestry, land management, the cleaning of public use areas and timber inventory services.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

(Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

** UNIFORM ALLOWANCE **

REGISTER OF WAGE DETERMINATIONS UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

Shirley F. Ebbesen Director

Division of Wage Determinations

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Wage Determination No.: 1977-0727 Revision No.: 35

Date of Last Revision: 05/29/2008

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

08010 - Brush/Precommercial Thinner 13 .83 08040 - Choker Setter 14 .51 08070 - Faller/Bucker 32 .06 08100 - Fire Lookout 13 .83 08160 - Forestry/Logging Heavy Equipment Operator 16 .39 08190 - Forestry Technician 15 .36 08200 - Forestry Truck Driver 16 .62 08250 - General Forestry Laborer 13 .53 08280 - Nursery Specialist 19 .18 08310 - Slash Piler/Burner 13 .83 08340 - Tree Climber 15 .52 08370 - Tree Planter 12 .30 08400 - Tree Planter, Mechanical 12 .30

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On- Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444

(SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees.

The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

3/5/2009

FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS

6-14-2006 (Ref: FSH 6309.32 and 6309.11)

1. SCOPE:

The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish a suppression plan for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down.

2. RESPONSIBILITIES:

A. Contractor

(1) Shall abide by the requirements of this Fire Plan.

(2) Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape.

(3) Shall permit and assist in periodic testing and inspection of required fire equipment. Contractor shall certify compliance with specific fire precautionary measures in the fire plan, before beginning operations during Fire Precautionary Period and shall update such certification when operations change.

(4) Shall designate in the fire plan and furnish on Contract Area during operating hours a qualified fire supervisor authorized to act on behalf of Contractor in fire prevention and suppression matters.

Shall complete the Contractor's Plan Regarding Personnel and shall furnish the Contracting Officer (CO) with a copy prior to commencing work at the site. Shall currently advise the CO of any changes in personnel as the changes occur. Shall revise Section 6.B to reflect current activities upon request of the

CO.

B. Forest Service

The Forest Service may conduct one or more inspections for compliance with the fire plan. The number, timing, and scope of such inspections will be at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above.

3. TOOLS AND EQUIPMENT:

A. The Contractor shall comply with the following requirements during the fire precautionary period as defined by unit administering contracts unless waived in writing:

The Fire Precautionary Period is ____May 15th___________ to ______December 1st__________.

Contractor shall equip each operating tractor and any other internal combustion engine with a spark arrester, except for motor vehicles equipped with a maintained muffler as defined in C.P.R.C. Section 4442 or tractors with exhaust-operated turbochargers. Spark Arresters shall be a model tested and approved under Forest Service Standard 5100-1a as shown in the. National Wildlife Coordinating Group Spark Arrester Guide, Volumes 1 and 2, and shall be maintained in good operating condition.

Contractor shall meet minimum requirements of Sections 4427 and 4428 of the California Public Resources Code (C.P.R.C.). Fire tools kept at each operating landing shall be sufficient to equip all employees in the felling, yarding, loading, chipping, and material processing operations associated with each landing. Fire equipment shall include two tractor headlights for each tractor dozer used in Contractor's Operations. Tractor headlights shall be attachable to each tractor and served by an adequate power source.

Where cable yarding is used, Contractor shall provide a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump within 10 feet of each tail and corner block.

Trucks, tractors, pickups and other similar mobile equipment shall be equipped with and carry at all times a size 0 or larger shovel with an overall length of not less than 46 inches and a 2-1/2 pound axe or larger with an overall length of not less than 28 inches.

Contractor shall equip each internal combustion yarder, fuel truck, and loader with a fire extinguisher for oil and grease fires (4-A:60-B:C).

Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, hot saws, stroke delimber, etc), except tractors and skidders, with at least two 4-A:60-B:C fire extinguishers or equivalent. In addition, concentrations of wood dust and debris shall be removed from such equipment daily. Additional extinguishers and sizes may be required at landings in accordance with Section 5.

Each power saw shall be equipped with a spark arrester approved according to C.P.R.C. Section 4442 or 4443 and shall be maintained in effective working order. One fire extinguisher meeting specifications of C.P.R.C. Section 4431 shall be kept with each operating power saw. A size 0 or larger shovel with an overall length of not less than 38 inches shall be kept with each gas can but not more than 300 feet from each power saw when used off cleared landing areas.

Contractor shall meet minimum requirements of Section 4430 of the California Public Resources Code (C.P.R.C.). Contractor shall provide a water tank truck or trailer on or in proximity to Contract Area during Contractor 's Operations hereunder during Fire Precautionary Period unless otherwise agreed.

When Project Activity Level B or higher is in effect, a tank truck or trailer shall be on or immediately adjacent to each active landing unless otherwise excepted when hot saw technology is being used. See Section 5 for specific contract requirements.

The tank shall contain at least 300 gallons of water available for fire suppression. A water sprinkling tank truck will meet this requirement if provision is made to insure that the minimum of 300 gallons is available for fire suppression at all times. Ample power and hitch shall be readily available for promptly and safely moving tank over roads serving Contract Area. Tank truck or trailer shall be equipped with following:

(1) Pump, which at sea level, can deliver 23 gallons per minute at 175 pounds per square inch measured at the pump outlet. Pumps shall be tested on Contract Area using a 5/16 inch orifice in the Forester One Inch In-Line Gauge test kit. Pump shall meet or exceed the pressure value in the following table for nearest temperature and elevation:

T e m p

Sea

Leve l

Feet

10000

55 179 23 174 23 169 23 165 22 161 22 157 22 153 22 150 21 146 21 142 21 139 21

70 175 23 171 23 166 22 162 22 158 22 154 22 150 21 147 21 143 21 139 21 136 20 85 171 23 168 23 163 22 159 22 155 22 151 21 147 21 144 21 140 21 136 20 133 20

100 168 23 164 23 159 22 155 22 152 22 148 21 144 21 141 21 137 20 133 20 131 20

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

P S I

G P M

The pump outlet shall be equipped with 1-1/2 inch National Standard Fire Hose thread. A bypass or pressure relief valve shall be provided for other than centrifugal pumps.

(2) 300 feet of 3/4-inch inside diameter rubber-covered high-pressure hose mounted on live reel attached to pump with no segments longer than approximately 50 feet, when measured to the extreme ends of the couplings. Hose shall have reusable compression wedge type 1-inch brass or lightweight couplings (aluminum or plastic). One end of hose shall be equipped with a coupling female section and the other end with a coupling male section. The hose shall, with the nozzle closed, be capable of withstanding 200 PSI pump pressure without leaking, distortions, slipping of couplings, or other failures.

(3) A shut-off combination nozzle that meets the following minimum performance standards when measured at 100 P.S.I. at the nozzle:

G.P.M. Horizontal Range Straight Stream 10 38 feet Fog Spray 6 - 20 N/A

(4) Sufficient fuel to run pump at least 2 hours and necessary service accessories to facilitate efficient operation of the pump.

When Contractor is using Hot Saw Technology, an additional 500 feet of not less than one (1) inch outside diameter serviceable hard rubber poly or rubber lined or fiber jacket rubber lined (FJRL) hose shall be immediately available for use and be capable of connecting to the 300 feet of hose and appurturances in

(2) and (3) above. Synthetic hose may be used by agreement.

B Any additional fire plan requirements:

4. GENERAL

A. State Law. The Contractor shall comply with all applicable laws of the State of California. In particular, see California Public Resource Codes.

B. Permits Required. The Contractor must secure a special written permit from the District Ranger or designated representative before engaging in any of the activities listed below. The terms and conditions of any of the permits required for this contract are as shown on copies attached to the Fire Plan.

(1) Blasting and Storage of Explosives and Detonators. (Explosives Permit required by California

Health & Safety Code, Section 12101.)

(2) Burning.

(3) Air Pollution. (Issued by local State or County Air Pollution Control Districts, as applicable.)

(4) Camp, Lunch and Warming Fires.

(5) Welding and Cutting.

C. Regulations for Burning. Before setting any fires whatsoever, the Contractor shall notify the CO of his/her intentions. Special care shall be taken to prevent scorching or causing any damage to adjacent structures, trees, and shrubbery. Piles of material to be burned shall be of such size and so placed that during burning no damage shall result to adjacent objects.

D. Smoking and Fire Rules. Smoking shall not be permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter (CPRC 4423.4). In areas closed to smoking, the CO may approve special areas to be used for smoking. The Contractor shall sign designated smoking areas.

Contractor shall post signs regarding smoking and fire rules in conspicuous places for all employees to see.

Contractor's supervisory personnel shall require compliance with these rules. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment, or walking or working in grass and woodlands.

E. Storage and Parking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all flammable material for a radius of at least 10 feet unless otherwise specified by local administrative unit. Small mobile or stationary internal combustion engine sites shall be cleared of flammable material for a slope distance of at least 10 feet from such engine. The COR shall approve such sites in writing.

F. Welding. Contractor shall confine welding activity to cleared areas having a minimum radius of ten feet measured from place of welding.

G. Blasting. Contractor shall use electric caps only unless otherwise agreed in writing. When blasting is necessary in slash areas, a watchperson equipped with a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump shall remain in the immediate area for an hour after blasting has been completed.

H. Oil Filter and Glass Jugs. Contractor shall remove from National Forest lands oily rags and used oil filters and shall prohibit use of glass bottles and jugs in Contractor's Operations.

I. Reporting Fires. As soon as feasible but no later than 15 minutes after initial discovery, Contractor shall notify Forest Service of any fires on Contract Area or along roads used by Contractor.

J. Communications. Contractor shall furnish a serviceable telephone, radio-telephone or radio system connecting each operating side with Contractor's headquarters. When such headquarters is at a location which makes communication to it clearly impractical, Forest Service may accept a reasonable alternative location. The communication system shall provide prompt and reliable communications between Contractor's headquarters (or agreed to alternative) and Forest Service via commercial or Forest Service telephone. The communications system shall be operable during Contractor's Operations in Fire Precautionary Period described in Section 3 and during the time fire patrolperson service is required. A radio-equipped fire patrolperson vehicle will satisfy this requirement if in operation during the time required except during PAL levels “D” and “Ev”. See Section 5 for other communication requirements when operating on “D” and “Ev” days with hot saw technology. A CB is not acceptable communication because FCC Regulations prohibit commercial use.

K. Fire Patrol Person. Contractor shall furnish a qualified fire patrolperson each operating day when Project Activity Level B or higher is in effect. When on duty, sole responsibility of patrolperson shall be to patrol the operation for prevention and detection of fires, take suppression action where necessary and notify the Forest Service as required by Section 5.

By agreement, one patrolperson may provide patrol on this and adjacent projects or sales. No patrolperson shall be required on Specified Road construction jobs except during clearing operations unless otherwise specified.

L. Time of Snag Felling. Unless the felling of dead trees would interfere with the felling, skidding or yarding of green timber or be a safety hazard, or be prevented under Section 5, required felling of dead trees shall be concurrent with the felling of live timber. There shall be reasonably timely felling of dead trees to facilitate utilization and protection from fire.

M. Clearing of Fuels. Contractor shall clear away, and keep clear, fuels and logging debris as follows:

Welding equipment and stationary log loaders, yarders and other equipment listed in California State Law:

10 feet slope radius

Tail or corner haulback blocks: 5 feet slope radius

Lines near, between or above blocks:

Sufficient clearing to prevent line from rubbing on snags, down logs and other dead woody material

5. EMERGENCY MEASURES

The table set forth below establishes work restrictions and fire precautions that the Contractor must observe at each activity level. The restrictions are cumulative at each level.

The Forest Service, in its sole discretion, may change the predicted activity level if the current fire suppression situation, weather and vegetation conditions warrant additional restriction of activities. Contractor shall obtain the predicted Project Activity Level by calling the following phone number 532-5601 before starting work each day. If practicable, Forest Service will determine the following day’s activity level by 6:00 PM local time. If predictions made after 6:00 PM are significantly different than originally estimated, Forest Service will inform Contractor when changes in restrictions or industrial precautions are indicated.

The following definitions shall apply to these Project Activity Levels:

Cable Yarding Systems: A yarding system that takes logs from the stump area to a landing using an overhead system of winch-driven cables to which logs are attached with chokers or grapples.

Hot Saw Technology: A harvesting system that employs a high-speed (>1100 rpm) rotation felling heads (i.e., full rotation lateral tilt head).

Sunset: The time that sunset is reported in the local newspaper for that day.

Except for Project Activity Level days “Ev after 1:00 PM local time” and “E”, Forest Service may issue substitute precautions(s) of the requirements below. Such agreements shall prescribe measures to be taken by Contractor to reduce risk of ignition and/or spread of fire.

Forest Service may change the Project Activity Levels to other values upon revision of the National Fire Danger Rating System and may change the specific Project Activity Levels and/or requirements when such changes are necessary for the protection of the National Forest. When sent to Contractor, the revised Project Activity Levels will supersede the levels below.

PROJECT ACTIVITY LEVEL –EMERGENCY PRECAUTIONS

Table version 6/13/2006

PROJECT ACTIVITY LEVEL

Level Project Activity Requirements

A Minimum required by Section 3

1. PAL levels are cumulative, Ev level would include all preceding

PAL requirements.

B 1. A fire patrolperson is required for mechanical operations from cessation of operations until 2 hours after operations cease or sunset, which ever occurs first.

2. Tank truck or trailer shall be on or adjacent to each active landing.

3. When hot saw technology is being used, the tank truck or trailer (B2 above) may serve dual purpose as active landing tank truck provided it shall be kept readily available for use as follows:

a.Within one quarter mile of the operating hot saw technology; and b.Within 10 minutes of the active landing; and

c. Effective communications exist between hot saw technology and active landing.

Otherwise, there shall be a tank truck or trailer at both the active landing and within one quarter mile of the operating hot saw technology.

4. (Additional restrictions specified by the forest.)

C 1. The following operations are prohibited from 1:00 PM until 8:00 PM local time:

a. Blasting

2. Operations using hot saw technology are prohibited between 1:00 PM and sunset local time. Hot saw technology operations may continue if Contractor provides a portable fire suppression system capable of extinguishing a 20-foot by 20-foot wild land fire within five (5) minutes of discovery.

The following equipment will meet the requirements above:

a. Compressed Air Foam System with minimum requirements of 20 gallons stored energy, 100 feet of 1 inch hose and adjustable 1 inch nozzle, minimum discharge range of 60 feet and 1 spare air cylinder; or

b. All terrain tank truck or equivalent capable of traveling throughout the cutting unit, containing not less than 300 gallons of water and complies with all tank truck requirements of Section 3. All terrain tank truck or equivalent may serve dual purpose as active landing tank truck provided:

1) Tank truck or equivalent shall be kept readily available to extinguish a fire within 5 minutes of discovery of the operating hot saw technology,

2) Tank truck or equivalent shall be no further than 10 minutes travel time to the active landing,

3) A 4-A:80-B:C extinguisher is maintained at the landing fire tool box and,

4) Effective communications exist between the hot saw technology, active landing and all terrain tank truck or equivalent.

Otherwise there shall be a tank truck at the active landing and an all terrain tank truck or equivalent with the hot saw technology.

3. (Additional restrictions specified by the forest.)

D 1. The following restrictions apply:

a. No blasting after 10:00 AM

b. Welding or cutting of metal only by special permit

c. No Burning without a permit

2. The following activities may not operate after 1:00 PM local time unless fire patrolperson(s) walks all areas operated that day once per hour until sunset local time and has the capability of notifying the designated Forest Service Dispatch Center within fifteen (15) minutes of discovery of a fire:

a. Track-laying equipment

b. Chipping outside of landings and roadbeds

c. Equipment using Hot Saw Technology

d. Chainsaw operations outside of landings and roadbeds

e. Tree felling operations

f. Ripping roads and landings

g. Mastication

h. Cable-yarding employing motorized carriages.

3. (Additional restrictions specified by the forest.)

Ev 1. The following operations are prohibited:

a. Blasting

b. Welding or cutting metal

c. Burning

2. Following activities may operate when fire patrolperson walks from 9:00 AM until local sunset all areas once per hour that were mechanically operated that day.

A. Activities that may operate all day:

1. Hauling and loading of logs decked at approved landings.

2. Hauling and loading of chips piled at approved landings.

3. Equipment servicing at approved sites.

4. Roads: Dust abatement or rock aggregate installation (does not include pit or quarry development)

5. Chainsaw or stroke delimber operation associated with loading at approved landing sites.

B. All other Operations are permitted until 1:00 PM local time subject to the following:

1. When hot saw technology is being used a tractor or other equipment with blade capable of constructing fire line, shall be on standby and immediately available. Tractor will have effective communications with hot saw technology and be within one quarter mile of hot saw technology to quickly reach and effectively attack a fire start.

C. (Additional restrictions specified by the forest.)

E The following activities may operate subject to B1. and B2.

1. Hauling and loading of logs decked at approved landings.

2. Hauling and loading of chips piled at approved landings.

3. Equipment at approved sites may be serviced.

4 Roads: Dust abatement or rock aggregate installation (does not include pit development).

5. Chainsaw operation associated with loading at approved landings.

6. REPORTING ALL WILD FIRES

A. Contractor's employees shall report all fires as soon as possible but no later than 15 minutes after initial discovery to any of the following Forest Service facilities and/or personnel listed below, but not necessarily in the order shown:

Name Office Address and/or telephone Home address and/or telephone Dispatch Center Stanislaus Dispatch (209) 533-1130 or 533-

Nearest FS Station Groveland Ranger Station (209) 962-7825 Inspector COR Kim Williams (209) 962-7825 x559 District Ranger Maggie Dowd (209) 962- 7825 x524 D.R. Designated Rep

When reporting a fire, provide the following information;

Your Name;

Call back telephone number;

Project name;

Location;

Legal description (Township, Range, Section); and Descriptive location (Reference point);

Fire Information;

Acres;

Rate of Spread; and Wind Conditions.

B. Contractor's Plan Regarding Personnel. The Contractor shall, prior to commencing work, furnish the following information relating to key personnel

Title Name Address and/or telephone Fire Supervisor Fire Patrolperson