Sol_140FHR23Q0004.pdf

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FHR

Falls Church VA 22041 5275 Leesburg Pike FWS, Hurricane & Recovery FWS, Hurricane & Recovery

0008349501 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

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100.00 % FOR:SET ASIDE:UNRESTRICTED ORFHR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/31/2023 1800 MD

08/03/2023

1907786334Tina Baker (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FHR23Q0004

5. SOLICITATION NUMBER

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

1 41 0040629539OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SENEY MI 49883-9509

1674 REFUGE ENTRANCE ROAD

FWS SENEY NATIONAL WILDLIFE REFUGE

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS, Hurricane & Recovery

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, Hurricane & Recovery

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/01/2024 Period of Performance: 09/05/2023 to 09/01/2024

00010 Item A - Approximately 300 acres of Shaded Fuel Break Clearing, Conifers Less than 6" DBH and Hardwoods Less than 4" DBH per statement of work

Item B - Approximately 100 acres of Prescribed Fire Preparation with Variable Density Pre-Commercial Thinning and Duff Pull-back per

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tina Baker

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

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25. ACCOUNTING AND APPROPRIATION DATA

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REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

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41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

statement of work

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

41 2 of

INTERMEDIATE STAND MANAGEMENT FOR HAZARDOUS FUEL LOADING REDUCTION

SENEY NATIONAL WILDLIFE REFUGE

SECTION A – STATEMENT OF WORK

A.1 GENERAL

A.1.1 Description of Services - The Seney National Wildlife Refuge requires a Contractor to perform Intermediate Stand Management services. Services will treat trees and shrubs by cutting, girdling, and pruning along with slash and duff treatments. These services will be performed to reduce hazardous fuel loading and improve growing conditions for selected leave trees. Trees that will be removed from the project areas are typically 10-40 years old. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The contractor may use wheeled or tracked machinery such as a masticator or brontosaurus chipper, a crew with hand tools, or a combination to achieve the contract requirements. All equipment brought in must be thoroughly cleaned and free from dirt, seeds, and other vectors for invasives. Wheeled and tracked equipment will only be permitted to operate when suitable ground conditions allow and if there is space to operate without damaging residual trees. Suitable ground conditions and damage risk are at the discretion of the Contracting Officer Representative COR.

Work to be performed includes approximately 300 acres of Item A (Shaded Fuel Break Clearing, Conifers Less than 6” DBH and Hardwoods Less than 4” DBH) and approximately 100 acres of Item B (Prescribed Fire Preparation with Variable Density Pre-Commercial Thinning and Duff Pull-back).

A.1.2 Period of Performance: Upon contract award through 9/1/2024. For wheeled or tracked equipment, work shall be completed by June 30th, 2024, subject to suitable frozen or dry site conditions at the discretion of the COR. For hand thinning, work shall be completed no later than September 1st, 2024.

A.1.3 Location of Project – All project units are located within the Seney National Wildlife Refuge (NWR;

Map 1). Seney NWR is located west of the town of Germfask, MI and MI Highway 77 and south of Highway 28.

A.1.4 Boundaries of Units – Roadside project unit boundaries may be designated by distance from the edge of the road prism or may be flagged or painted. Boundaries set as a distance from the edge of the road prism are the responsibility of the Contractor to assess correctly. Project unit boundaries not clearly defined by roads, adjacent timber stands, natural or manmade features are marked with flagging, paint, or tags and geospatial files will be provided.

A.1.5 Access to Units - Units are accessible with 2-wheel drive or 4-wheel drive vehicles. Many roads are native surface and of variable maintenance conditions. If hand crews are used, foot travel up to 0.25 miles may be required to reach the nearest unit boundary as designated on individual project unit maps.

A.1.5.1 All-terrain vehicles used by the Contractor will be approved by the (COR) prior to use.

A.1.5.2 Locked gates restricting access will be noted on the unit maps. Contractor will be provided keys at the Seney NWR Office by the COR after signing Receipt of Property forms. Keys will be returned not longer than five (5) calendar days after completion of work. Keys that are not returned will be subject to a $250 fine to be paid by the Contractor to Seney NWR within 14 days of receipt.

A.1.6 Security of Materials - The Contractor may leave equipment at the work site. However, the

Contractor is responsible for the equipment if it should be lost, stolen, or damaged. The Government is not responsible nor liable for the security of any equipment, materials, or other items left onsite.

A.1.8 Sequence of Work - The sequence of work will be determined by COR at the pre-work conference and may be subject to change. Certain project areas may be designated as higher priority units which will require an earlier completion than the bulk of the contract units.

Reasons may include, but are not limited to: snow hazards, unfavorable road conditions, and biological requirements.

A.1.9 Performance evaluation meetings: Prior to commencing work, the Contractor and any proposed subcontractors shall meet with the COR and technical POC to discuss and develop mutual understanding relative to scheduling and administering the work. Access issues will be finalized at this time. The Contractor shall meet with the COR or technical POC weekly after operations begin. Thereafter, the meetings shall be as often as necessary at the discretion of the COR, but no less than monthly. A mutual effort shall be made to resolve all problems identified. The Contractor shall state in writing to the COR any areas of disagreement. Upon written receipt of the Contractor’s written statement, the COR shall meet with the Contractor to resolve the issue(s) of disagreement.

A.1.10 Operating Permit –State or municipal laws may require permits to operate power driven machinery. The contractor is required to obtain all necessary permits from the prior to the commencement of operations. A copy of all permits, contracts, and certificates obtained or entered into by parties to this agreement shall be provided in a timely manner to the COR. The Contractor will be responsible for ensuring compliance with all tree cutting notification requirements, as required by the State of Michigan.

The Contractor agrees to comply with all Federal and State Laws or regulations in the performance of this operation. The Contractor agrees to indemnify, defend, and hold harmless the Refuge from any and all claims or demands which may be made against it by reason of the Contractor’s operation or violation by the Contractor of any laws or regulations governing said operation.

The Permittee shall operate to standards enumerated in the Michigan Forestry Best Management Practices for Soil and Water Quality (IC4011 (Rev. 06/01/2018)), in order to avoid, minimize, and reduce impacts to soil, streams, or residual vegetation. The Permittee shall also be responsible for compliance with all applicable Michigan laws as they pertain to, but not limited to, timber harvesting, water quality, slash disposal in relation to property lines, roads, public waters, streams, etc.

A.1.11 Camping on USFWS Administered Land - The Contractor may obtain permission from the COR prior to camping on USFWS administered lands.

A.1.12 Equipment and Supplies - The contractor shall provide all personnel, training, equipment, supplies, facilities, transportation, tools, materials, supervision, incidentals, and other items and non-personal services necessary to perform intermediate stand management services as defined in this Performance Work Statement except for those items specified as government furnished property and services.

A.2.0 DEFINITIONS

Aggregate Retention – Reserve trees are in groups or clumps.

Branch Collar - The transition zone between stem and branch.

Brush - Vegetation consisting of shrub species with single or multiple stems originating at or near ground level and not normally reaching twenty feet (20’) in height. Species typically have woody stems.

Clump - Tree or shrub with multiple stems originating from one bole or root collar.

Conifer – A typically evergreen, cone bearing tree, such as jack pine, red pine, balsam fir, white spruce, black spruce, tamarack (American larch; deciduous), eastern white pine, northern white cedar, and eastern hemlock.

Cut Leave Tree - A severed leave tree noted during inspection that should not have been cut.

Damaged Leave Tree - A leave tree damaged through felling of other trees or brush or contact with cutting tools.

Diameter Breast Height (DBH) - Diameter of the tree measured at 4.5 feet above ground on the uphill side if the tree.

Dispersed Retention – Reserve trees are arranged uniformly throughout the unit, generally at a regular spacing interval.

Duff - Decaying organic material found on the forest floor (all materials down to mineral soil).

Fuel Loading - Vegetation, dead or alive, in a defined space.

Hardwood - A broad-leaved tree capable of attaining a height of greater than twenty feet (20)’.

Examples include: Basswood, beech, elm, maples, oaks, poplars, hornbeam, ash, cherry, cottonwood, and birch. Hardwoods may occur in two forms, single-stem or multi-stem (clumps). The single-stem form has one well defined stem with no branches occurring below DBH. The multi-stem form has more than one and often several well defined stems commonly originating from a single point at or near ground level. Multi-stem hardwoods are considered to be a “single” tree for spacing purposes.

See attachment at the end of section C for an illustration. For this contract, quaking aspen (Populus tremuloides) are not a desirable leave species and should not be selected as retention trees unless they are over the DBH threshold for cut trees. Do not cut healthy ash, American elm, or American beech.

Invasive Brush – Glossy buckthorn and other invasive shrub species identified at prework within unit boundaries and greater than one foot (1’) tall must be cut regardless of the distance from a leave tree.

Leave Tree - Trees selected for retention (not cut or girdled) by the contractor as specified in the task order.

Lodged Trees and Brush - Cut trees and brush leaning into, supported by, or covering a leave tree.

Lop and Scatter - Resulting slash will be cut and limbed to a depth not to exceed three feet (3’) above the ground surface. Stems will be cut in multiple pieces no longer than eight feet in length.

Open Grown Trees – Trees whose crown is sufficiently isolated so as to be unencumbered by shade from surrounding trees or structures. These trees typically have healthy branches for the entire length of the bole.

Opening - An area within the unit boundaries where brush, rock, water, or any other barrier creates a non-stocked condition that is greater than twice the prescribed thinning spacing in diameter.

Pruning - The severing of all live and dead limbs from the bole of a selected tree to the specified pruning height.

Reserve Tree - A tree designated in the task order by USFWS that may not be cut or damaged.

Road Prism - Area of road surface including cut slope and road fill. See attachment at the end of section C for an illustration.

Slash - Any vegetative material that has been created by the actions (cutting) of the Contractor.

Trees Per Acre (TPA) - The average number of trees, of a given size, present on any one acre of a forested area.

Uncut Competitive Trees - A live conifer or hardwood tree that should have been cut to provide the required spacing for leave trees.

Variable-Spaced Pre-commercial Thinning - A method of thinning with a wide variance in retention tree spacing (up to 50%) in order to select the best leave tree, and a unit-level average tree density within 10% of the prescribed trees per acre. The treatment may include aggregate retention and some dispersed retention.

A.3.0 SPECIFIC TASKS.

A.3.1 Item A - Shaded Fuel Break Clearing, Conifers Less than 6” DBH and Hardwoods less than 4”

Approximately 300 (three hundred) acres will be treated to create a shaded fuel break along roadsides or NWR boundaries. Roadside units will extend 50’ (fifty feet) from the edge of the road prism into the forest on each side of the road and at the end of dead-end roads. All brush greater than 12” (twelve inches) in height, all conifer trees 6” (six inches) or smaller DBH, and all hardwood trees 4” (four inches) or smaller DBH within the unit must be cut and disposed of according to the following stipulations unless otherwise specified. Residual conifers will be pruned to a lift height of 5’ (five feet). All invasive brush will be cut at groundline. Cutting may be done with hand tools or with wheeled or tracked machinery. Wheeled or tracked equipment will only be permitted to operate when suitable ground conditions allow and if there is space to operate without damaging residual trees. Suitable ground conditions and damage risk are at the discretion of the COR.

A.3.1.1 All brush will be cut as close to flush with the ground as is practical. Brush must be completely severed from the stumps. No live limbs will be left on the stumps or base of cut plants. Brush slash may not be piled around reserve trees and must be disposed of according to the slash disposal requirements in A.3.1.9.

A.3.1.2 Conifers smaller than 6” (six inches) in diameter at breast height will be cut.

Conifers should be severed as close to the ground as possible. Stump heights will not exceed six inches (6”), measured on the uphill side. Cut trees and brush lodged in leave trees must be dislodged.

Slash may not be piled around reserve trees and must be disposed of according to the slash disposal requirements in A.3.1.9.

Trees must not be felled across existing fence lines. Any damage to fence lines will be the responsibility of the Contractor to repair or replace.

A maximum of 20 (twenty) vigorous conifer saplings at least 4’ (four feet) in height may be selected to retain per acre. These may not be within 10’ (ten feet) of the edge of the road prism nor within 10’ (ten feet) of the dripline of an overstory tree. Conifer sapling retention may be dispersed throughout the units or retained in small clumps of no more than 7 trees. Conifer retention clumps may not be closer than 50’ (fifty feet) from another retention clump. Choose healthy, vigorous saplings for retention.

A.3.1.3 Hardwoods smaller than 4” (four inches) in diameter at breast height will be cut.

Hardwoods should be severed as close to the ground as possible. Stump heights will not exceed six inches (6”), measured on the uphill side. All stems of multi-stem hardwoods must be cut. Cut trees and brush lodged in leave trees must be dislodged. Slash may not be piled around reserve trees and must be disposed of according to the slash disposal requirements in A.3.1.9.

Trees must not be felled across existing fence lines. Any damage to fence lines will be the responsibility of the Contractor to repair or replace.

A maximum of 50 (fifty) vigorous hardwood saplings at least 4’ (four feet) in height may be selected to retain per acre. These may not be within 10’ (ten feet) of the edge of the road prism nor within 10’ (ten feet) of the dripline of an overstory tree. Hardwood sapling retention may be dispersed throughout the units or retained in small clumps of no more than 20 trees. Hardwood retention clumps may not be closer than 50’ (fifty feet) from another retention clump. Choose healthy, vigorous, single-stem saplings for retention. Do not select quaking aspen nor cottonwood as retention saplings. Do not cut healthy ash, American elm, or American beech. More than 50 hardwood seedlings per acre may be retained in order to keep all healthy ash, American elm, and American beech saplings. If this occurs on more than 10 acres, the COR must be alerted and this stipulation may be adjusted to remove some of these saplings.

A.3.1.4 Pruning

Prune all residual conifers within 25’ (twenty-five feet) of the edge of all road prisms. This includes crooked trees and trees with multiple stems. Open grown trees will not be pruned. Slash from pruning must be removed from the unit or chipped and dispersed throughout the unit. See A.3.1.9 for slash disposal requirements.

Vertical Lift Measurement - Measure the pruning height from the ground level on the uphill side of the tree with a measuring pole that is held parallel to and within four inches (4”) of the bole of the pruned tree. Trees will be pruned to a lift height of five feet (5’). See attachment at the end of section A for an illustration of lift height measurement. Trees less than 10‘ (ten feet) tall will be pruned to a height of half of the total tree height.

Pruning Method - All live and dead limbs must be removed by completely severing them from the tree as close to the bole as possible without damaging the branch collar and/or the bole.

Pole pruners, hand saws, pruning knives, chainsaws, and/or loppers may be used to remove limbs.

The use of clubs or any other tools that result in shattered or jagged branch stobs is prohibited.

A.3.1.5 Protection of Water Quality - Refueling of power equipment, such as chainsaws, must be completed at least 100 feet away from standing or flowing water.

A.3.1.6 Reserve trees will not be cut or damaged. Specific reserve trees are designated by species, size, and/or with a dot of orange tree marking paint at breast height.

A.3.1.7 Contractor will report signs of insect and disease when they impact spacing requirements. This may include chlorosis, heavy pitching, frass blisters, rust, or patchy (“salt-and-pepper”) mortality.

A.3.1.8 When felling trees near roads, the Contractor must provide warning signs and flaggers as required by

OSHA OAR 437-007-0510437-007-0510.

A.3.1.9 Slash Requirements - All roads and unit boundaries designated on the project map must be kept free of slash concurrently with cutting. All slash must be chipped, lopped and scattered, or, at the discretion and approval of the COR, pulled a distance of twenty-five feet (25’) further from the unit boundary edge opposite the road. Game trails or other paths may be marked with flagging. These must be kept free of slash to within 5’ (five feet) of either side of the marked trail.

A.3.1.9.1 Chipping - All slash and brush will be chipped from one inch (1”) in diameter to six inches (6”) in diameter. Slash to be treated will be mechanically chipped in a manner that 95% of the chips are no larger than 2 inches by 2 inches (2” x 2”) in size. Slash must be chipped within the entire unit. Chips may be dispersed within the project area, onto the cut banks, and into the forest stands. Road prisms and ditch lines must be kept free of slash and chips. Chips will not be more than ten inches (10”) in depth in any single location.

Contractor utilization of chips may be permitted with prior COR notification.

A.3.1.9.2 Lop and Scatter – Lop and buck the resulting slash to a maximum four foot (4’) length and depth not to exceed two feet (2’). Cut material will be cut and lopped so that all top and side branches are free from the central stem so that slash depth is two feet (2’) or less from the surface of the ground. Limbs shall be cut cleanly and flush to the bole of the cut tree. The material to be treated consists of down woody material created from vegetation treatments (such as harvest, thinning, or slashing, etc.) or created through natural process.

A.3.2 Item B - Prescribed Fire Preparation with Variable Density Pre-Commercial Thinning and Duff Pull-back

Approximately 100 (one hundred) acres will be treated for prescribed fire preparation with variable density pre-commercial thinning and duff pull-back. Variable density pre-commercial thinning will include the cutting and removal of conifers and hardwoods less than 8” (eight inches) DBH in a pattern that includes dispersed retention and clumps. Approximately 50-100 conifers per acre and 250-500 hardwood saplings per acre will be retained. Spacing may vary up to 50% in order to select the best leave tree, as long as the unit-level average tree count falls within 10% of the prescribed trees per acre. All saplings less than 8” (eight inches) DBH and all brush that could act as ladder fuels will be removed from within one and a half times the distance of mature hardwoods larger than 16” (sixteen inches) DBH and the slash from these treatments must be removed from within the same treatment radius. These trees will also be treated through duff pull-back. Spacing may include some aggregate retention and some dispersed retention. No trees larger than eight inches (8”) DBH will be cut. All invasive brush will be cut at groundline. Do not cut healthy ash, American elm, or American beech.

A.3.2.1 Protection of Water Quality - Refueling of power equipment, such as chainsaws, must be completed at least 100 feet away from standing or flowing water.

A.3.2.2 Reserve trees will not be cut or damaged. Specific reserve trees will be designated in individual task orders and may vary between task orders.

A.3.2.3 Contractor will report signs of insect and disease when they impact spacing requirements. This may include chlorosis, heavy pitching, frass blisters, rust, or patchy (“salt-and-pepper”) mortality.

A.3.2.4 Cutting Requirements: Cut trees, brush, and invasive brush will be completely severed from the stumps. No live limbs will be left on the stump of cut trees. Stump heights will not exceed six inches (6”), measured on the uphill side. Cut trees and brush lodged in leave trees must be dislodged. Trees or brush must not be felled across existing fence lines. Any damage to fence lines will be the responsibility of the Contractor to repair or replace.

A.3.2.5 When felling trees near roads, the Contractor must provide warning signs and flaggers as required by

OSHA OAR 437-007-0510437-007-0510.

A.3.2.6 Duff Pull-back Duff within four feet (4’) of the base of designated trees will be scraped and be spread away to a depth of less than six inches (6”). The root collar where the bole touches the ground will be scraped down to mineral soil on all sides without damaging the tree bole.

A.3.2.7 Slash Requirements - All roads and unit boundaries designated on the project map must be kept free of slash concurrently with cutting. All slash greater than one inch (1”) but not over eight inches (8”) in diameter resulting from prescribed treatment will be pulled back up to twenty-five feet (25’) from any road or unit boundaries, lopped and scattered, or chipped and dispersed within the unit. Slash may not be piled. Slash may not be left within the treatment distance of large trees unless otherwise directed by the COR. Game trails or other paths may be marked with flagging. These must be kept free of slash to within 5’ (five feet) of either side of the marked trail.

A.3.2.7.1 Chipping - All slash and brush will be chipped from one inch (1”) in diameter to six inches (6”) in diameter. Slash to be treated will be mechanically chipped in a manner that 95% of the chips are no larger than 2 inches by 2 inches (2” x 2”) in size. Slash must be chipped within the entire unit. Chips may be dispersed within the project area, onto the cut banks, and into the forest stands. Road prisms and ditch lines must be kept free of slash and chips. Chips will not be more than ten inches (10”) in depth in any single location.

Contractor utilization of chips may be permitted with prior COR notification.

A.3.2.7.2 Lop and Scatter – Lop and buck the resulting slash to a maximum four foot (4’) length and depth not to exceed two feet (2’). Cut material will be cut and lopped so that all top and side branches are free from the central stem so that slash depth is two feet (2’) or less from the surface of the ground. Limbs shall be cut cleanly and flush to the bole of the cut tree. The material to be treated consists of down woody material created from vegetation treatments (such as harvest, thinning, or slashing, etc.) or created through natural process.

Figure 1 Tree pruning example.

Road Prism

Figure 2 Hardwoods: Single-stem verses Multi-stemFigure 3Figure 4

(End of Section A)

SECTION B – INSPECTION AND ACCEPTANCE

B.1 QUALITY CONTROL

B.1.1 Surveillance Plan

B.1.1.1 All work included in the contract specifications will be subject to inspections by the Government at periodic intervals during the performance of this contract. Government inspection of the work performed may not release the Contractor of the responsibility of providing quality control measures to assure that the work complies with the contract requirements.

B.1.1.2 All acres within a treatment unit must be treated before a unit is considered complete.

B.1.1.3 When project units are complete and ready for inspection, the Contractor will notify the COR within three days. Failure of the Contractor to notify the COR of completed work may cause a delay of the Government’s inspection and ultimately delay subsequent payments for completed units.

B.1.1.4 Prompt inspection by the Government may not be possible if the Contractor accelerates the rate of performance over and above the work schedule approved at the pre-work conference.

B.1.1.5 The Contractor is required to perform quality control. The COR may request the Contractor to provide documentation of quality control plot data collected on planted units. Documentation shall include the following: Unit number, plot number, tree data for all trees on plot, and spacing. Plot center shall be marked with flagging and labeled with a waterproof marker. The color of flagging must be approved by the COR. The plot shall be located and shown on the project area map. Sampling intensity shall be sufficient to a standard error within 10%.

B.1.2 Inspection

Quality of work and conformance with specifications will be determined by a series of plots randomly selected across each treatment unit. Sufficient plots will be taken to obtain at least a 1% sample of the treatment unit. Additional plots above the minimum required may be inspected at the discretion of the

COR.

All plots will be examined for contract compliance and conformance to specifications. The following data may be recorded for each plot:

1. Number of leave trees that should be on the plot.

2. Number of leave trees that are on the plot.

3. Number of cut trees.

4. Number of cut reserve and leave trees.

5. Number of damaged leave and damaged reserve trees.

6. Number of stumps with live limbs.

7. Number of leave trees with cut trees and brush lodged in them.

8. Number of leave trees with unsatisfactorily treated brush and hardwoods.

9. Number of high stumps.

B.1.2.1 Pruning

Pruning all the trees within the plot will be examined for contract compliance and conformance to specifications. The following data may be recorded for each plot:

1. Number of trees should have been pruned

2. Number of trees that are pruned

3. Number of trees not pruned

4. Number of trees unsatisfactorily pruned

B.1.2.2 Duff Pull Back Inspections will be made by the Government using a visual examination for compliance with all terms and specifications. If the work does not meet contract requirements, the Government will identify existing deficiencies for rework. All rework shall be made within seven (7) calendar days

B.1.2.3 Slash Removal, Chipping, and Lop and Scatter Inspections will be made by the Government using a visual examination for compliance with all terms and specifications. If the work does not meet contract requirements, the Government will identify existing deficiencies for rework. All rework shall be made within seven (7) calendar days.

B.2 Work Quality Percentage (WQP)

B.2.1 The WQP is derived from data developed from inspection plots described for specific treatment types.

B.2.2 The WQP is determined by dividing the total number of points earned by the total number of points possible. This figure multiplied by 100 provides the Acceptable Quality Level (AQL) percentage.

For example:

The sum of uncut trees that should have been removed, cut or damaged leave trees and reserve trees, leave trees with cut trees and brush lodged in them, stumps with live limbs, high stumps, and leave and reserve trees with associated unsatisfactorily treated brush divided by the number of leave and reserve trees that should be found, determine the unsatisfactory quality percent. The percent of unsatisfactory work adjusted for sampling error subtracted from 100 percent determines the WQP. Sampling error adjustment is the lower confidence limit fraction for a confidence level of 80%.

Number of leave trees/reserve trees that should be found. = 80 Number of unsatisfactory treatments. = 8 8 divided by 80 x 100 (unadjusted unsatisfactory quality percent) = 10% 10% minus 6% = adjusted unsatisfactory quality percent = 4%

WQP = 100 % - 4% = 96%

B.2.3 Satisfactory Work - A minimum WQP of 90 % is required for an AQL for all items. WQP of 90% or higher will result in full payment.

B.2.4 Unsatisfactory Work Quality If the WQP falls below 90%, the COR will immediately notify the Contractor.

B.2.5 If work quality percentage is below 90% on any unit or portion thereof, the Contractor will rework areas designated by the Government until satisfactory work quality is obtained. If the COR determines that satisfactory work cannot be achieved due to the nature of the errors, the Contractor will be paid for the percentage of satisfactory work completed as determined by inspection.

B.3 Re-inspection - When units fall below the AQL, rework may be required. The COR will notify the

Contractor when rework of the unit(s) can begin. If the unit again fails to meet the AQL, the COR has the option of accepting the unit at the WQP calculated from inspection plots or by ordering the

Contractor to rework the unit again. If the COR elects to accept the unit at the WQP calculated after rework, the Contractor will be paid based on the results of the re-inspection.

B.4 PAYMENT

B.4.1 Payment will be based on the Government's inspection results.

Payment will be made for completed units and the actual number of acres completed, inspected and accepted by the Government, less the adjustment in payment based on the WQP, if any. If the WQP equals or exceeds 90%, full payment will be made for the number of acres inspected and accepted by the Government on the completed units.

B.4.2 If units are accepted which do not meet the required minimum AQL of 90%, payment will be made at a rate determined by multiplying the actual WQP by the bid price.

B.4.3 The acreage for the purpose of payment is measured on the horizontal plane. Roads are not included in unit acreage.

B.5 REMEASUREMENT OF TREATMENT UNITS

The Contractor may, at any time during the course of the contract, request re-measurement of any treatment unit if he feels that the acreage stated in the contract and on the project maps is incorrect.

This request must be made in writing to the COR. If re-measurement indicates that a variance of 5% or less exists, the Contractor will pay for the actual cost of the re-measurement. Payment for the treatment area will be based on the acreage stated in the contract. If re-measurement indicates that the actual acreage variance is more than 5% of that shown in the contract, payment for the treatment area will be based on the re-measured acreage.

The cost for re-measurement will be incurred by the Government. (End of Section B)

SECTION C – SPECIAL CONTRACT REQUIREMENTS

C.1 WORK HOURS

Unless otherwise specified in Section A, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

C.2 SUPERVISION

The Contractor shall furnish all labor, lodging, materials, equipment, transportation, supplies, and supervision necessary to cut the trees within the project area. The Contractor shall provide a competent foreman or supervisor on the project area at all times when work is being conducted under the contract, with full authority to implement daily work activities. The foreman or supervisor must be conversant in English, particularly with respect to scientific terms associated with forest management. The foreman must have experience using a handheld digital device to navigate to locations on the ground. The foreman will be expected to follow a digitally produced, spatially explicit map outlining treatment areas as small as a quarter acre (see attached example treatment unit map). The COR will also make visits to the site to ensure all conditions of the project are being carried out.

C.3 INTERRUPTION OF WORK

C.3.1 Environmental - The COR may direct the Contractor to shut down any work that may cause damage to government property due to damage due to weather conditions, fire danger, or because it is impracticable to work during the wet season. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

C.3.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under USFWS Manual 6840, are discovered to be present in or adjacent to the project area.

C.3.3 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

C.4 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control

Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

Contractor shall not discard or otherwise dispose of litter on the property of the Refuge or any private property, into bodies of water or on ice of such waters, or upon any adjacent public way, and shall be responsible for off-site disposal of garbage and refuse generated by forest operations in a lawful manner.

For purposes of this paragraph, litter means all waste materials, including bottles, cans, machine parts and equipment, junk, paper, garbage and similar refuse, but shall not include the wastes of the primary processes of tree felling, such as sawdust and slash.

Debris, rubbish, and unusable material resulting from the work under this agreement shall be disposed of daily by the Contractor at the Contractor’s expense

C.5 INSPECTION BY REGULATORY AGENCIES

Work performed under this contract is subject to inspection by local, state and Federal government regulatory agencies including those described below. State and federal occupational health and safety officials have the authority to enter Federal property, without delay, and at reasonable times, to conduct routine safety and health investigations. This authority extends to safety and health investigations based on reports of unsafe conditions. Occupational Safety and Health Administration (OSHA) officials may also investigate accidents or illnesses involving the Contractor’s employees.

Inspections may also be carried out by the Department of Labor to inspect for compliance with labor laws.

The Contractor shall cooperate with regulatory agencies and shall provide personnel to accompany the agency inspection or review teams. Contractor personnel shall be knowledgeable concerning the work being inspected and shall participate in responding to all requests for information, inspection or review findings by regulatory agencies.

C.6 SAFETY

All operations in connection with project hereunder shall be subject to such fire, safety, security, and other rules and regulations necessary for the protection of Government personnel and property as the COR may from time to time prescribe. The Contractor’s tree cutting operations shall conform to OSHA’s logging safety standards as prescribed in 29 CFR part 1910.266 Logging Operations, and hazardous communication standards in 29 CFR part 1910.1200. Copies of these safety standards may be obtained from the OSHA website at www.osha.gov

C.7 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation, or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

C.8 RESTORATION OF RESOURCES

C.8.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

C.8.2 Site and Access Roads – Site and public or private access roads negligently damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

C.8.3 Damage of Government Property: In the event of damage, including damage by contamination, to any Government property by the Contractor, its officers, agents, servants, employees, subtenants, licensees or invitees, the Contractor, at the election of the Government, shall promptly repair, replace, clean-up, or provide monetary compensation for the repair, replacement, or clean-up of such property to the satisfaction of the Government. Some examples of structures and features constituting Government Property are culverts, bridges, water control structures, gates, signs, gravel roads, canals, ditches, and wetlands. This list is not intended to be exhaustive and damage to other Government property located within the project area but not listed herein is covered by this provision. Intentional damage to residual trees will result in monetary compensation of no less than two times the current stumpage rate. Damage to residual trees should not exceed 10% of the residual stems; determination of damage will be assessed by the COR. The Service realizes that some damage will occur during normal operations.

C.9 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR. The Contractor shall both independently and in cooperation with the Government take all reasonable and practical action to prevent and suppress fires resulting from the Contractor’s operations and to suppress forest fires on the project area. Operations could be halted in the case of high or extreme fire danger determined by the COR. Operations must follow all closure ordered from state, local, or Refuge authorities.

C.10 OAK WILT, HETEROBASIDION, AND OTHER FOREST PATHOGENS

The Contractor shall follow all seasonal restrictions and other requirements set forth by the Michigan Department of Natural Resources for oak wilt, heterobasidion root disease, and other pathogens during the performance of this contract. Equipment must be steam cleaned prior to arrival on-site to reduce the risk of pathogen or invasive species spread. The Contractor will keep records of equipment sanitization.

C.11 FAILURE TO PERFORM

If the Contractor fails to perform the terms of this project, the Refuge official signing this permit shall give the Contractor written notice stating the failure. Thereafter, regardless of any other provisions of this document, the Contractor shall not be entitled to an equitable adjustment under this document, to the extent the equitable adjustments arise from the Contractor’s failure to perform or from any reasonable remedial action taken by the Refuge official based on the failure. The failure of the Government to insist, in one or more instances, upon the performance of any term of this contract is not a waiver of the Government’s right to future performance of such term, and the Contractor’s obligation for future performance of such term shall continue in effect. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to perform any term of this contract, whether or not the Contractor’s right to proceed with work is terminated.

C.12 INDEMNIFICATION AND INSURANCE

C.12.1 The Contractor will indemnify, defend, and save harmless the Refuge and their authorized agent from any and all claims and actions covering loss costs, expenses (including attorney and legal fees), and damages of every kind and description which may be brought or made against the Refuge or their agent on account of or in manner arising out of the work being done under this agreement, sustained by any person, firm or the Contractor’s agent, employee(s), contractor(s), or subcontractor(s).

The Contractor shall carry Workers’ compensation and Public Liability Insurance in a company and in an amount satisfactory to the Refuge conditioned to protect the Contractor(s) or their agent(s), employee(s), contractor(s) from any loss, cost, damages or expenses in any way arising out of the work being done by the Contractor(s) or their agent(s), employee(s), contractor(s) or subcontractor(s) hereunder.

C.12.2 The Contractor will be required to carry Public Liability and Workers’ Compensation Insurance and provide a copy of certificate of this coverage. At a minimum, the Contractor shall maintain liability coverage valued at no less than $1,000,000, and Workers’ compensation coverage as required by federal and state worker’s compensation and occupational disease statutes. This insurance must be maintained during the entire performance period. The Contractor will provide the Refuge with proof of the operator’s liability and Workers’ compensation coverage.

C.13 OTHER TERMS OF THIS AGREEMENT

C.13.1 The Contractor will notify the agent for the Refuge five days before starting on any portion of this project.

Should operations cease for more than five (5) days during the period of this agreement, the Contractor will notify the COR five days before returning to operate any portion of this contract.

C.13.2 Any access to the project area by persons not directly associated with operations (visitors, media, family members, etc.) shall be by approval of the Refuge.

C.13.3 The Contractor agrees to observe all restrictions and provisions of this agreement and to conform to the directions and instructions given by the COR or their agent. The Refuge and their agent reserve the right to stop the project if the conditions of this agreement are not being observed.

C.13.4 The Contractor agrees not to assign this agreement in whole or in part without the written consent of the Refuge or their agent.

C.13.5 The Contractor assumes all liability for damages and suppression expenses if a forest fire occurs as a result of the tree cutting operations or because of carelessness of those involved in the harvesting.

Map 2

Map 1 Seney National Wildlife Refuge. Work will not occur within the Wilderness Area.

Seney NWR Intermediate Stand Management

Bid Schedule

Item Letter Item Description Unit of

Measure Estimated Quantity

Bid Price Per Unit

TOTAL

Base Year

A Shaded Fuel Break Clearing, Conifers Less than 6” DBH and Hardwoods Less than 4” DBH AC 300

B Prescribed Fire Preparation with Variable Density Pre-Commercial Thinning and Duff Pull-back AC 100

CUMULATI…