!High Sierra Fuel Reduction_Tractor Piling Task Order 2.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 15

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

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

DATE

RFQ-S-05-SS-13-09-330

DATE

March 6, 2009

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

7. FOR SOLICITATION Patrick J. Gallegos Calls) 559-297-0706 x 4830 LOCAL TIME INFORMATION CALL: April 6, 2009 –

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 SMALL BUSINESS

13b. RATING 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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

Fuel Reduction

USDA Forest Service Sierra National Forest

High Sierra RD 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

RFQ-S-05-SS-13-09-330

High Sierra RD Task Order #2

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

South of Shaver Dozer Piling

South of Shaver Grapple Piling

For Site Information Contact:

Ray Acker – 559-855-5355 Ext. 3312

THE BIDDER SHALL BID ALL ITEMS.

633.8

158.6

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-15-09-330

High Sierra RD Task order #2

C.1 SCOPE

The purpose of this contract is to reduce fuels in post-harvest thinning units, release conifers from brush competition, and to prepare sites for tree planting in tree stands by mechanically clearing and piling slash, vegetation, and other debris. 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 High Sierra Ranger District.

Item one requires the contractor to pile the slash with a dozer equipped with a brush rake. The dozer must be appropriately sized to pile the material and work between the remaining trees with out damage to the trees.

Item two requires the use of an excavator or other type of low ground pressure equipment, equipped with an arm with a grapple or bucket and thumb attachment. The reason for this is to minimize the impacts on soils in these units. By using the arm and grapple attachment the movement of the equipment can be minimized reducing the amount of ground disturbance and compaction.

The units to be treated were recently logged using mechanical logging equipment (feller-buncher equipped with a “hot saw”). After the logging and before the piling additional thinning of the sub-merchantable sized trees will be completed by crews equipped with chain saws.

The acre figures given in the schedule of items, in section J and on the maps are the gross acres of the units. It is expected that there will be areas that are not workable within the unit boundaries. These areas will be deducted from payment. The acres actually treated with in the unit boundaries will be measured after work is complete to determine acres for payment.

C.2 LOCATION AND DIRECTIONS TO WORK AREAS

This project is located on the Sierra National Forest, High Sierra Ranger District. The High Sierra Ranger District Office is located at 29688 Auberry Road, Prather CA.

Directions are given from the High Sierra Ranger District office. To reach the District office from Fresno, take Highway 168 north east to the intersection of Old Auberry Road in the community of Prather. The office is located about ¼ mile east of this intersection on the south side of Hwy 168. (See vicinity and project area maps in section J.)

South of Shaver Project Area:

Proceed east on Hwy 168 for about 12 miles to the intersection of Old Tollhouse Road.

Turn right and travel downhill about 1 mile to Peterson Mill Road. Turn left on Peterson Mill for about 7 miles to the beginning of forest road 10S18. Take 10S18 north, the units start in this vicinity.

Task order #2

A. Accessibility: Work site access instruction as given here is for information only.

It shall be the responsibility of the Contractor to determine the most suitable route to the project area. The Government will not provide special maintenance or snow plowing to open roads or keep roads open.

B. The Contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on Federal, state, county, and private roads.

C. Boundaries : Flagging and/or orange paint along the perimeter designates project boundaries. All work to be performed will occur within the units, the actual areas needing treatment will vary.

D. Examination of Project Work Area: The bidder is strongly encouraged to inspect the project work area. The Government has provided estimates of treatment area acreages. It will be assumed that the bidder has satisfied her/himself as to the nature of the work to be performed and the character of all conditions to be encountered. The attached maps (Section J) are intended to show only the general size and location of the project units.

E. Within the general work area, the Contracting Officer may exclude from payment non-work areas which exceed one half acre such as: rock areas, groups of trees, or other special areas such as excessively steep slopes. The acres actually treated within the unit boundaries will be measured after work is complete to determine acres for payment.

C.3 PRIORITY OF WORK / WORK CONDITIONS

The Contracting Officer may specify the priority of work by item or sub-item (unit) within an item, without additional cost. Work may be performed at any time during the period of the contract, except during the following conditions:

a. In accordance with the fire plan.

b. When the Contracting Officer determines that adverse weather has made access or project production, unacceptable, too dangerous or ground damaging, or continued vehicular travel would cause unacceptable road damage.

c. Between dusk and dawn.

d. On Sunday unless otherwise agreed upon by the Contracting Officer and the

Contractor.

e. Limited Operating Period (LOP), operations prohibited from:

Task order #2

For the South of Shaver project there are several units impacted by Limited Operating periods (LOP).

1. units 401-025 & 28 are limited from 3/1 – 8/31

2. unit 401-018 is limited from 2/15 – 9/15

These LOPs may be mitigated by a District Biologist determination.

C.4 CONTRACTOR FURNISHED EQUIPMENT

The Contractor shall provide all transportation of equipment, tools, personnel, and supplies to the work sites. The Contractor shall be responsible for all fuel, lubrication, repair, and replacement for his/her equipment. All chainsaws and other motorized equipment shall be equipped with Forest Service approved spark arrestors and meet Calif. Division of Industrial Safety specifications. The following are minimum equipment requirements:

A. Item 1: Tractor, hydraulic (cable operated blades are unacceptable) crawler type, D-6 size equivalent or smaller. The maximum length including blade shall not exceed 15 feet. The overall width of the tractor and blade shall be capable of piling within 10 foot spacing without causing damage to leave trees. The tractor shall have an OSHA approved rollover protection system. The tractor shall be equipped with a brush rake which is strong enough to pile the material, push brush from the ground and place this material in a pile that is properly constructed and free of dirt.

B. Item 2: An excavator or other low ground pressure equipped with an articulating arm capable of attaching a bucket and thumb or similar attachment that can pick up slash and brush and place it into a pile that is constructed according to the contract specification and free of dirt.

C. Tools and supplies necessary for making emergency and routine repairs and servicing.

D. Power or hand saw(s) may be needed for slash pile maintenance.

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

Task order #2

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 DEFINITIONS

D.B.H. - Diameter at Breast Height, measured 4 1/2 ft. above the ground on the uphill side of the tree trunk.

Ground Cover or Duff Layer - Living or dead vegetation. Usually consists of a composition of cast needles, fine sticks or twigs, live plants, and slash under 4 inches (10 cm) in diameter large end.

Mineral Soil - State of soil, generally below where humus and large organic matter is not present. The absence of combustible material.

Slash – All debris and material created by logging or pre-commercial thinning activities.

Snag - A standing dead tree with a DBH of at least 16 inches (45 cm) and at least 20 feet (6 m) tall.

Leave Tree – A healthy looking, well-formed, undamaged tree, to be left undisturbed.

Oaks are to be included as leave trees.

Cull Log – A non-utilized log over 18 inches in diameter on the small end, and 10 feet in length.

Opening – An area where there are no leave trees or snags within 30 feet of each other.

Pile – An assemblage of slash and vegetation laid or lying one upon another to create a compact mound, bundle, heap or deck, that is soil free. A pile is created by the dozer pushing slash and vegetation with the brush rake during the piling operations.

Vegetation – A woody plant, live or dead, with no main stem, which does not usually grow higher than 8 feet. For example: ceanothus, manzanita, and choke cherry.

Windrow – A pile which is longer than it is wide.

Task order #2

Cross-Raked – Removal of mounds and gullies caused by tractor’s slash piling operations in order to prevent erosion of topsoil. Usually performed crossing from side to side of the unit, contour to the slope.

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.

Plastic Limit – A measurement of soil moisture.

C.7 WORK SPECIFICATIONS AND STANDARDS

Item 1 - Tractor Piling Specifications:

A. The Contractor shall clear and pile seventy-five percent of all slash exceeding 24 inches in length and 3 inches in diameter, and shall pile all dead and live vegetation. Manzanita and other large brush shall be uprooted and crushed before being piled. Slash and vegetation may be left in place where vegetation is so close to leave trees that the removal of the vegetation would cause damage to the leave trees. Leave trees and vegetation not specified to be treated shall be left undisturbed. The Contractor is not required to clear and pile bear clover.

B. A brush rake shall be suspended approximately 6 inches (15 cm) above ground level, to retain a 50% soil, duff and smaller fine material ground cover. Materials which are less than 3 inches in diameter and less than 24 inches in length may be left to attain the ground cover requirements. If the slash cover exceeds 50%, the Contractor shall pile the smaller fuels to meet the slash piling requirements.

C. Most slash is cut into 8 foot sections or less. On occasion there might be longer lengths. If this occurs, the Contractor shall cut the slash into 8 foot sections or less to avoid damage to leave trees.

D. Piles or any portion thereof shall be located in openings at least 15 feet from the nearest leave trees, drainages, Control Areas (CA), or unit boundaries, and 30 feet from snags.

E. Piles shall be compact and be as free of dirt as possible. Piles that are not a minimum of 90 percent soil free shall be reworked. If, in the judgment of the Contracting Officer, the piles contain excessive soil, the piles shall be broken apart, re-piled, and the soil dispersed over the area. To create a more compact pile, push large logs piled parallel in the base of the pile and continue to push http://www.cdfa.ca.gov/weedhome additional slash on top. The length of the pile shall be approximately equal to it width, and the height shall be at least half of its diameter. Materials overhanging the pile’s edge that are greater than 6 feet (2 m) in length, shall be cut off and materials placed into piles.

F. A fire line shall be constructed around the perimeter of each unit. The line shall be one blade wide. Water bars shall be constructed where appropriate. Crop trees shall not be pushed over to construct the line. The line shall be cleared to mineral soil.

G. All materials partially pushed over, hung up, left in an unsafe position, or dead woody stems higher than 24 inches shall be either reworked with the tractor or felled by hand.

H. Soil disturbance caused by the Contractor’s operations which may cause erosion shall be cross raked on the contour.

I. Existing water bars shall be left intact. The Contractor shall avoid water bars or lift the implement blades prior to driving over them. The Contractor shall restore, at no cost to the Government, water bars in skid trails, fire lines, spur roads, road blocks, and other items affected by his/her operations. Erosion work must be completed in a timely manor. This means that the erosion structures must be maintained and in working condition when a weather event is predicted regardless of progress of the other work.

Item 2 -Grapple piling

The objective of the grapple piling is to reduce soil disturbance and compaction.

The objective is to minimize the amount of ground the prime mover travels over.

This will be accomplished by maximizing the use of the articulating arm. When possible the operator shall drive the equipment straight up and down the slope using the arm to treat a swath along both sides of the equipment as wide as is possible to treat with the arm. Then move over by the width of the arm from the treated area and repeat the procedure. This will minimize the amount of area actually tracked by the equipment. The piles must meet the specification as listed for dozer piles. The 50 percent ground cover must still be maintained.

C.8 NON-WORK AREAS/LEAVE TREES/RESOURCE PROTECTION

A. Non-work areas will be identified by any of the following: 1) maps or 2) flagged with specified color. These are areas of natural regeneration and/or streamside protection zones and/or meadows. No tractor intrusion, tractor refueling, disturbance, damage, or felling shall be allowed in these areas.

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

C. The Contractor shall not operate within 25 feet of meadows.

D. Equipment shall not cross meadows, stream channels, and/or designated non-work areas except at locations designated by the Contracting Officer.

E. Equipment shall not operate on areas steeper than 35%.

F. Leave trees and seedlings shall be avoided. The Contractor shall work in such a manner that will not damage (surface or sub-surface) the bark, bole, or roots of these live trees. When avoidable damage occurs, the Contractor shall be liable for actual damages.

G. Leave all snags over 16 inches in diameter and over 20 feet in height. These snags shall not be pushed over, damaged, disturbed. Piles shall be placed at least 30 feet from the snag.

H. The Contractor shall not pile any down logs with a diameter greater than 30 inches (76 cm) at the large end.

I. Cull logs shall not be pushed up into piles, and shall not be included in salvage rights unless agreed upon by the Contracting Officer. Piles shall not be constructed on top of cull logs or stumps. Piles shall be at least 15 feet from cull logs and stumps. Five of the largest cull logs shall be left per acre.

J. Piling 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 from November to April.

K. 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 such damage, 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.

L. 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, heli-spots, existing roads, under ground cable, and all private property.

M. Bulldozers 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, to avoid the possibility of Control Area or resource damage.

N. Exit and entry of units shall be confined to within unit boundaries unless otherwise stated by the Contracting Officer. Entry and exit points to the unit shall be chosen to reduce resource damage and soil erosion.

O. Prevention of Oil Spills. If 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 such 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. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a Registered Professional Engineer.

P. 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 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 halt and notify the Forest Service if damage occurs to any cultural resources and immediately halt operations in the vicinity of the resource where damage occurred until the Forest Service 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. The Contractor may be required to restore disturbed areas where incursion has been approved by the Contracting Officer.

Track-laying equipment shall not be operated through Control Areas even though there may be roads through them, without prior approval by the Contracting Officer.

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

Q. Protection of Sensitive Plant Populations. No known populations of sensitive plants occur within or adjacent to the designated units. Any protected plants located within any of the units will be designated for protection by the Contracting Officer. 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.

R. Control of Dust Near Sensitive Areas. The Contracting Officer 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.

S. The Contractor shall remove all trash from the work site.

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

U. 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.

V. Heavy equipment may 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.

High Sierra Ranger District

2008 Tractor Piling Data Table

South of Shaver

Acres

Tractor/grapple

401-018 119.2 tractor Thinning slash & brush piling 401-021 25.7 tractor Thinning slash & brush piling 401-023 60 tractor Thinning slash & brush piling 401-025 82.9 grapple Thinning slash & brush piling 401-026 35 grapple Thinning slash & brush piling 401-028 40.7 grapple Thinning slash & brush piling

401-029 20.3 tractor Thinning slash & brush piling 401-031 30 tractor Thinning slash & brush piling 402-027 125.5 tractor Thinning slash & brush piling 402-029 92.3 tractor Thinning slash & brush piling 402-031 40.8 tractor Thinning slash & brush piling 402-122 120 tractor Thinning slash & brush piling

Total tractor pile acres = 633.8 Total grapple pile acres = 158.6

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TIME

Item 1 209 days Item 2 80 days

Estimated Start Work: August 15, 2009

F.2 WINTER SHUTDOWN

When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such winter weather has passed and work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

F.3 MEASUREMENT:

Acreage as shown on the Schedule of Items was measured on a horizontal plane using a Global Positioning System. Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above. Payment will be based on measured acreage worked.

Any contiguous non-work areas exceeding ½ acre (.020 hectare) in size will be excluded from payment.

Remeasurement

Re-measurement of the acreage under this contract will be made upon the written request of the Contractor. Request for re-measurement must be made in writing within l0 days after piling has been completed on an individual unit.

Re-measurement will be made along the boundaries using the same criteria and method as specified above.

If re-measurement indicates an acreage difference of no more than 5 percent from the original acreage measurement, the Contractor shall pay the actual costs of the re-measurement. Where the difference is less than 5 percent the results of the first measurement will be used. Payment will be based on the second measurement where the difference is more than 5 percent. No adjustment will be made for differences of 1 acre or less.

LIST OF ATTACHMENTS

ITEMS: PAGES: 1

Specific Project Map 1 Wage Determination # 1977-727, Revision 35, 5/29/2008 3 Fire Plan 8

401-018

401-021

401-029 401-023

401-025

401-026

401-028

402-031

402-027

402-029

401-031

402-122

R-24E R-25E

T-10S

Dozer Pile

Grapple Pile

Sierra National Forest High Sierra R.D.

South of Shaver Area

FY 2009

Grapple & Dozer Piling Dozer Pile Units Acres 401-018 119.2 401-021 25.7 401-023 60.0 401-029 20.3 401-031 30.0 402-027 125.5 402-029 92.3 402-031 40.8 402-122 120.0 0.5

Miles

Total 633.8 1:20,000

Grapple Pile Units Acres 401-025 82.9 401-026 35.0 401-028 40.7 Total 158.6

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

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.

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

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 **

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.

https://cslxwep1.dol-esa.gov/SF98/getwd.jsp?wdid=38562&sf98id=66503[3/2/2009 1:05:50 PM]

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.

2/27/2009

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…