AG-0261-S-13-0055_Shingle_Hall.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0261-S-13-0055 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. All questions regarding this solicitation must be in writing and addressed to the Contracting Officer. All questions must be received no later than 2 p.m. on Monday, June 17, 2013 to be considered prior to solicitation close date.

3. At a minimum return the signed SF 33, Section B – schedule, completed attach 11, 52.204-8 Pg. 37, 452.209-70 Pg. 40, K.1 Pg. 41, and follow the requirements in Section L for submitting technical and business proposals.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service

SW Idaho/Nevada Acquisition Center 1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663

Offers Are Solicited For:

PROJECT:

Shingle Hall Stewardship

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT.

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 253 (c)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV,. 9-97)

Prescribed by GSA - Far (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

United States Forest Service - SWINAC 1249 S Vinnell Way Ste 200 Attn: Matt Morris Boise, ID 83709

United States Forest Service - SWINAC 1249 S Vinnell Way Ste 200, Boise, ID 83709

AG-0261-S-13-0055

Front Desk at address shown in Block 7 1300

Matt Morris mamorris@fs.fed.us

2-3 4-7

11-13 14-24 47-48

42-46

36-40

25-35

06/24/2013

208 373 4166

05/24/2013

Albuquerque Service Center

MATTHEW A. MORRIS

mamorris Typewritten Text DUNS E-Mail

PART I – THE SCHEDULE

SECTION B – SCHEDULE OF ITEMS

B.1 SERVICES AND PRICES

Contractor Name

ITEM

NO

DESCRIPTION

BASE WORK ACTIVITIES

UNIT OF

ISSUE

EST

QTY UNIT PRICE TOTAL

Mandatory Items

1 Helicopter Logging Acres 314 2 PlantationThinning with minor removal Acres 316

Treatment of Sapling size trees and Slash in Tractor and Off Road Jammer Units Acres 649

Treatment of Sapling size trees and Slash in Helicopter Units Acres 314

Treatment of Sapling Fuel Ladders and Ground Fuels Acres 152

6 Chip and Removal Ton 1100

7 Road Decommissioning Miles 2.9

8 Trail Construction Job 1

9 Vault Toilet Job 1

10 Road Construction and Reconstruction Job 1

Installing and Removing Temporary Plastic Culverts Item 3

Optional Items –

Treatment of Sapling Fuel Ladders and Ground Fuels Acres 501

Surface Aggregate Cubic Yards 6888

Chip and Removal Tons 7168

Total All Service Items

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B-1, Base and Option Work Activities and B-2, Timber or other products Removal Price Schedule.

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

TOTAL OFFER

All Sawtimber 38,353 Ton 26.02

All Biomass 8268 Ton 0.35 $ $

Total – All Products

AG-0261-S-13-0055 Shingle Hall Page 2 of 48 mamorris Typewritten Text Include Attach 11 printed and in Excel mamorris Typewritten Text mamorris Typewritten Text mamorris Typewritten Text

B.3 LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed. Option activities are listed in order of planned priority. Award may be made for option items in any order that the Contracting Officer determines is in the best interest of the Government.

B.4 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B.5 Additional Units

Within the sale area there are three units that can be added into the contract at offeror’s request. All three are tractor units and are approximately 17 acres. If offeror requests to have these three units added to the sale, the Forest Service will paint and GPS the unit’s perimeters and mark them according to the Designation by Prescription (K-C.3.5.5#) marking guides prior to any harvest activities. One unit, approximately 8 acres, is located in T16N, R1W, NW ¼ of the SW ¼ of section 6, and the other two units, approximately 9 acres, are located in T17N, R1E, NW ¼ of the SE ¼ of section 20, Boise Meridian.

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PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.1 PROJECT DESCRIPTION

(a) Description of Work – The Shingle Hall Stewardship Project is located on the Council Ranger District of the Payette National Forest encompassing the area indicated on the Contract Area Map within Mill Creek and East Fork Weiser River drainages. Restoration objectives for the project area are summarized as follows:

• Improve Forest Health – Provide growing space for healthy trees and reduce fuel loadings.

• Reintroduce Fire – Provide mechanical fuel treatments and preparatory work to manage the effects of the return of fire as a disturbance mechanism.

• Develop Old Forest Structure.

• Improve soil and aquatic conditions – Provide for soil and riparian function and productivity. Provide timely soil erosion control measures and restorative work.

• Utilize Timber or other products – Provide wood resource to forest product industry.

• Improve Road Management – Provide reconstruction, maintenance and obliteration to meet project area transportation plan and resource needs.

To accomplish these objectives, the contract includes the following components: stand thinning, fuels reduction, snag and down wood management, timber or other products removal with ground based and helicopter yarding, road work.

Of the 314 acres designated as helicopter harvest there is a possibility that 80 to 120 of these acres could be tractor skidded to the adjacent private property if the contractor signs an agreement with the private landowner. These potential tractor skidding areas are in units 26, 30, 60, 62, 64, 65, 65a, and 66. Portions of these units that are on slopes of less than 35% and are away from landslide prone areas, streams and wet areas could be tractor skidded. Some steeper slopes could be skidded using an off-road jammer. These areas would need to be checked in the field and approved by the Forest Service. The skid trail rehabilitation would be required the same season as the logging in these units. The Contractor would be responsible for making agreements with the private landowners. The Forest Service does not have any agreements with these property owners.

The trees to be harvested in any of the helicopter units could be flown to landings on private property if the contractor signs an agreement with the private landowner. The contractor would be responsible for making agreements with the private landowners. The Forest Service does not have any agreements with these property owners.

Any agreements made with private landowners for tractor skidding logs onto private land or for flying harvested trees to landings on private land would need to include permission for the Forest Service to conduct surveys to identify sites with cultural or historic significance. Any cultural or historic sites that are identified would need to be protected during harvest operations. After the harvesting (logging operation) has been completed there would be no state or federal requirement for the private landowner to protect these sites.

The agreements would also need to include permission for the Forest Service to access the private land during harvest operations for contract administration purposes.

All post-harvest work such as disposal of slash piles, erosion control, and road maintenance on private property would be the responsibility of the contractor and the landowner.

(b) Resulting Contract – Any resultant contract will be a bundled contract containing Service, Construction and requirements for timber removal.

AG-0261-S-13-0055 Shingle Hall Page 4 of 48

(c) Project Location – Project is located in Township 17 North, Range 1 East, Sections 7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, and 32; Township 16 North, Range 1 East, Sections 6, 7, and 8.

C.2 SPECIFICATIONS

Specifications for each Service Activity individually described by an item number in Schedule B can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C. Road Construction plans and specifications can be found in Appendix D.

C.3 CONTRACT AREA MAP

The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Boundaries of cutting units;

(c) Areas where leave trees are Marked to be left uncut;

(d) Roads listed

(e) Sources of base course, rock riprap and surface rock;

(f) Roads where log hauling is prohibited or restricted;

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

(j) Maximum stump heights when more than one height is listed by areas;

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Boundaries of stewardship work activities.

C.4 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-1 contained in Section I of the contract.

- The Payette National Forest has a temporary bridge for use in this contract.

PERTAINING TO CONSTRUCTION ITEMS

C.5 SCOPE

This contract consists of the following work:

1) Provide a traffic-control plan for road and culvert work.

2) Submit erosion-control plans that will show stream diversions required for culvert installations.

3) Remove and dispose of pipes to be replaced.

4) Install cross-drain culverts, drain dips, and other drainage features.

5) Recondition roadways, including brushing or clearing and drainage features; minor realignment.

6) Re-route 600’ of road.

7) Haul and place riprap and pit-run aggregate from Government-supplied or local sources in locations indicated.

8) Provide surface rock from commercial source to meet Gradation “e” as specified, and place aggregate surfacing.

9) Install gates, refurbish and re-set cattle guards, and transport a cattle guard to Council storage yard.

10) Transport and install Government-furnished temporary bridge.

11) Seed disturbed areas.

AG-0261-S-13-0055 Shingle Hall Page 5 of 48

12) The work shall be carried out in accordance with the lines, grades, notations, and dimensions shown in the plans.

C.6 PROJECT LOCATION

Project areas may be reached from Council by driving north on Highway 95 approximately 10 miles, and turning right onto Road 50172, East Fork Weiser River Rd, which is part of this contract.

Alternately, drive north from Council approximately 3 miles to Mill Creek Rd 50165. Follow Road 50165 approximately 5 miles to the junction with Road 50183, which is part of this contract.

C.7 CONTRACT TIME

Unless otherwise agreed in writing, complete all mandatory road work before hauling.

East Fork Weiser Road #50172 and Shingle Flat Road #50183 may be closed intermittently with proper signing for no more than 4 hours at a time for minor culvert installations.

C. 8 LIST OF SPECIFICATIONS

The Standard Specifications for this project are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units. Copies of this document are available on-line only at the Federal Highway Administration web site at http://www.wfl.fha.dot.gov/design/specs/fp03.htm in either Microsoft Word (.doc) or Adobe Acrobat (.pdf) format.

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS) contained in the following list are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are also applicable.

FP-03 101 Terms, Format, and Definitions FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FP-03 103 Scope of Work FSSS 103 Scope of Work FP-03 104 Control of Work FSSS 104 Control of Work FP-03 105 Control of Material FSSS 105 Control of Material FP-03 106 Acceptance of Work FSSS 106 Acceptance of Work FP-03 107 Legal Relations and Responsibility to the Public FSSS 107 Legal Relations and Responsibility to the Public FSSS 108 Prosecution and Progress FP-03 109 Measurement and Payment FSSS 109 Measurement and Payment FP-03 151 Mobilization FSSS 151 Mobilization FP-03 152 Construction Survey and Staking FSSS 152 Construction Survey and Staking FP-03 154 Contractor Sampling and Testing FSSS 154 Contractor Sampling and Testing FSSS 155 Schedules for Construction Contracts FSSS 156 Public Traffic FP-03 157 Soil Erosion Control FSSS 157 Soil Erosion Control FSSS 170 Develop Water Supply and Watering FP-03 201 Clearing and Grubbing FSSS 201 Clearing and Grubbing FP-03 203 Removal of Structures and Obstructions FSSS 203 Removal of Structures and Obstructions FP-03 204 Excavation and Embankment FSSS 204 Excavation and Embankment

AG-0261-S-13-0055 Shingle Hall Page 6 of 48 http://www.wfl.fha.dot.gov/design/specs/fp03.htm

FP-03 205 Rock Blasting FSSS 205 Rock Blasting FP-03 207 Earthwork Geotextiles FP-03 212 Linear Grading FSSS 230 Brushing FP-03 251 Riprap FSSS 251 Riprap FP-03 303 Road Reconditioning FSSS 303 Road Reconditioning FP-03 308 Minor Crushed Aggregate FSSS 308 Minor Crushed Aggregate, Pit Run 4” Minus FSSS 322 Crushed Aggregate FSSS 571 Temporary Bridges FP-03 602 Culverts and Drains FSSS 602 Culverts and Drains FP-03 619 Fences, Gates, and Cattle Guards FSSS 619 Fences, Gates, and Cattle Guards FSSS 625 Turf Establishment FSSS 651 Development of Pits and Quarries FP-03 703 Aggregate FSSS 703 Aggregate FP-03 704 Soil FSSS 704 Soil FP-03 718 Traffic Signing and Marking Material FSSS 718 Traffic Signing and Marking Material FP-03 725 Miscellaneous Material FSSS 725 Miscellaneous Material

NOTE:

Bidders are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of bids. All specifications in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 U.S. Customary Units are binding on the parties signing the contract, including any that may be omitted above.

C.9 TECHNICAL REQUIREMENTS

Specific construction drawings and Supplemental Project Specifications are included in Section J. All items shown or noted on plans, which are not specifically bid items, are considered indirect payment items, per FP-03, Section 109.05(b).

The cost of furnishing and installing all indirect payment items will not be paid for separately, but shall be included in the unit price bid for other items unless noted otherwise.

C.10 ORDER OF PRECEDENCE - CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1) The Schedule of Items

2) Representations and other instructions

3) Contract clauses

4) Other documents, exhibits, and attachments

5) Forest Service Supplemental Specifications(FSSS)

6) Standard Specifications(FP-03)

7) Plans, figured dimensions over scaled dimensions

8) Plans, large scale contract plans over small scale contract plans

9) Schedules on contract plans over any conflicting notations on contract plans

10) Shop drawings

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SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

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SECTION E - INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ or https://www.acquisition.gov/Far/ or www.usda.gov/procurement/policy/agar.html

52.246-04 Inspection of Services – Fixed Price (AUG 1996) 52.246-12 Inspection of Construction (AUG 1996)

E.1 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.2 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

E.3 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

AG-0261-S-13-0055 Shingle Hall Page 9 of 48 http://farsite.hill.af.mil/ https://www.acquisition.gov/Far/ http://www.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/Far/ or www.usda.gov/procurement/policy/agar.html

52.242-14 Suspension of Work (APR 1984)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than June 2017. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through _4_ years after date of contract award.

452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts” and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

F.1 SCHEDULES AND REPORTS

Contractor shall provide the following submittals within 10 days after issuance of a Notice to Proceed or Task Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

ITEM DESCRIPTION COPIES REQUIRED

Proposed progress schedule showing starting and completion dates of various phases of the work Electronic copy

List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officer’s written approval prior to starting work on the project.

Submit on Standard Form 1413.

Electronic copy

Traffic Control Plan Electronic copy Soil Erosion and Water Pollution Control Plan Electronic copy Designation of Contractor personnel describing responsibilities and authorities Electronic copy

All schedules and reports shall be submitted to: CO: Matt Morris, COR, Kevin Reilly, and CORs TBD.

AG-0261-S-13-0055 Shingle Hall Page 10 of 48

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period.

When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, (Section I).

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items.

All other work and materials will be considered as incidental to and included in the payment for items shown.

G.3 PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Forest Service estimates will be cut or removed in not less than 30 calendar days and not more than 60 calendar days, plus the value of any outstanding charges for product removed.

Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

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G.4 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.5 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service.

No credits will be established for work performed under terms of Schedule B.2.

G.6 CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

SHINGLE HALL STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.7 EXCESS STEWARDSHIP CREDITS

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In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.8 EXCESS TIMBER OR OTHER PRODUCTS VALUE

In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.9 REFUND OF EXCESS CASH

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

G.10 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/ or https://www.acquisition.gov/Far/ or www.usda.gov/procurement/policy/agar.html

452.236-72 USE OF PREMISES (NOV 1996)

452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, etc.

452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at the Council RD, Council, ID, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

452.236-77 Emergency Response.

As prescribed in 436.577, the following clause may be used in Forest Service construction contracts:

EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

( c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

(End of clause)

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452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

- Overall Project Manager

- Logging Supervisor

- Fuels Treatment Supervisor

- Road Construction Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance and obliteration.

- Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90 day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.1 SAFETY

Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an equitable adjustment…

H.2 REQUIREMENTS OF RIGHTS-OF-WAY

Contractor’s road construction and use on rights-of-way shall be confined to said rights-of-way and limited by the related easements and stipulations, if any, unless Contractor makes other arrangements that will not infringe upon or adversely affect the grantee’s rights. Said easements or right-of-way documents are available in the offices of the Forest Supervisor and District Ranger.

H.3 CONTRACT OPERATION RESTRICTIONS

Cutting Unit

Restriction and Purpose

1, 13 and 21

No road reconstruction or harvest activities from April 1 to July 31 to protect White Headed Wood Peckers.

Borrowing from the Shingle Flat pit may occur after July1. The Forest Service will flag a buffer zone around nests.

All Prior to any ground-disturbing activity, including, but not limited to, the construction of log landings, vehicle turnouts or parking areas, skid trails, or road construction and maintenance, road decommissioning and obliteration, and prescribed burning, the Forest Service, must conduct onsite surveys at least 3 times during a 7-day period in potential NIDGS habitat to determine the presence of NIDGS.

Surveys will be conducted to identify the presence of NIDGS in, or within harvest units and prescribed fire areas. The Forest Service will determine potential habitat areas to be surveyed based on GIS maps, aerial photos, and professional expertise. If occupied NIDGS sites are discovered, additional measures described below will be implemented to minimize potential effects:

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•Mechanical thinning operations, skidding, decking, slash piling, and prescribed burning is prohibited in occupied NIDGS sites without approval by the Forest Service. If necessary, project activities may be shifted to a time period outside the NIDGS above ground activity period (April 1 to August 15).

If project activities are shifted to the fall season, Forest Service will identify NIDGS dens with pin flags and coordinate all activities in these known sites. Fall activities will be allowed only if soil moisture levels are dry enough to prevent soil damage from machinery, as determined by the Forest Service. If wet soil conditions prevent project activities in fall, the activities may be shifted to winter. This will require at least 18 inches of firm snow and/or 4 inches of frozen soil prior to activity approval by the Forest Service. If project activities at any NIDGS site cannot be appropriately mitigated, that project unit and the associated project activities may be dropped from the timber sale. In harvest units where NIDGS are found, ground-disturbing activities should occur in the time period from September 1 through March 15.

If occupied sites are found adjacent to haul routes on NFS lands, a speed limit of 15 mph will be recommended where determined necessary by the Forest Service. Monitoring would also be required. If speed limits, or other protections, are needed on County or State roads, the Forest Service will work with the appropriate agencies to resolve the issue.

In harvest units if NIDGS sites are found, slash piles created from harvest activities must be removed from landings not later than March 15 of the year immediately following the harvest year in each of these units.

In areas closed to public motorized access, prohibit contractors and their employees from access with motorized vehicles for purposes other than implementing the timber sale contract.

Known northern goshawk nests will be protected within a 30-acre forested nest stand as determined by the Forest Service. All activities within these nest stands will be restricted to those approved by the Forest Service.

During operations, if a new northern goshawk nest is located, onsite activities will be halted until a survey by Forest Service can determine if the nest is active. A 30-acre forested nest stand will be identified, as above. If the nest is active, harvest activities in that 30 acres will be halted until the end of the nesting season (March 1 to Sept. 30). Harvest activities may resume earlier than Sept. 30 if the Forest Service determines that the birds are no longer present. All identified northern goshawk nest stands will have a post fledging area (PFA) of at least 600 acres and a foraging area of at least 6,000 acres identified by the Forest Service.

Within each PFA, 5 other nest stands will be identified by the Forest Service. These nest stands will have the same restrictions on human activities as noted above. The PFAs and foraging areas may have other activity restrictions applied from March 1 to Sept. 30, depending on site-specific information. Refer to the Project Record for nest site locations and associated units.

Prior to any ground-disturbing activity, including, but not limited to, the construction of log landings, vehicle turnouts or parking areas, skid trails, road construction or maintenance, and prescribed fire, the Forest Service, must conduct onsite surveys to identify threatened, endangered, proposed, or candidate species;

Management Indicator Species; or Sensitive species presence. In particular, spring surveys will be used to identify Wildlife reproduction sites, such as elk calving, deer fawning, mammal denning, and bird nesting.

Project activities may be altered to protect wildlife species, as practicable, using measures approved by the Forest Service. Mitigate management actions within known nesting or denning sites of MIS or Sensitive Species if those actions will disrupt the reproductive success those sites during the nesting or denning period.

H.4 USE OF ROADS BY CONTRACTOR

Contractor is authorized to maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber or other products on National Forest and other lands where Forest Service has such authority. The location and clearing widths of all Temporary Roads or facilities shall be agreed to before construction is started. Contractor is authorized to cut and use for construction without charge construction timber or other products designated by agreement.

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Except as provided herein, Contractor is authorized to use existing National Forest roads and Specified Roads, when such use will not cause damage to the roads or National Forest resources and when hauling can be done safely. If Contractor’s use of an existing temporary or National Forest system road cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the minimum reconstruction work that Contractor shall perform before hauling.

The Contract Area Map shows existing temporary or permanent roads that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads:

(a) Cannot be used for log hauling or

(b) May be used only under the restrictive limitations stated therein.

Contractor's use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Code Use Limitations

X Hauling prohibited R Hauling restricted U Unsuitable for hauling prior to completion of agreed reconstruction P Use prohibited A Public use restriction W Regulation waiver

Roads coded A will be signed by the Forest Service to inform the public of use restrictions. Contractor's use of roads coded R, A, or W shall be in accordance with the following restrictions:

Restricted Road List Road Number

Road Name Termini Map Legend

Description of Restrictions

From To 50165 R Hauling Restricted *See Below 50183 R Hauling Restricted *See Below 50199 R Hauling Restricted *See Below

*Groomed Snowmobile Routes On Roads 50165 and 50183 (groomed snowmobile routes) the contractor is required to leave a 6” snow floor during snow plowing operations and leave the berms far enough apart for passage with a snow groomer. No hauling will be allowed on weekends or holidays between December 15 and April 1. And, no hauling will be allowed between Christmas and New Year’s Day.

Other requirements include:

• Winter log hauling will not be allowed on both the 50165 and 50199 Roads at the same time.

• Winter hauling will be limited to no more than 1 winter on the 50165 Road.

• The Forest Service will close and sign the groomed route on Road 50165 to Shingle Flat to snowmobilers during the week. All log hauling activity will be stopped on this route after 10 pm Friday night and reopen Monday mornings. If contractor’s vehicles are used to fuel or maintain equipment over the weekend, warning signs will be required to be placed prominently so that snowmobilers will be aware that they may encounter vehicles on the road even on weekends.

• The speed limit will be 15 mph on roads 50165 and 50183 between December 15 and April 1.

• The contractor will post signs and maps in the snowmobile parking area on Road 50165 alerting snowmobile users coming into the logging area to the activities and potential hazards in the area.

Contractors operating on these groomed snowmobile routes will contact Adams County for required permits.

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H.5 ROAD MAINTENANCE

Contractor shall maintain roads, commensurate with Contractor’s use, in accordance with Road Maintenance Requirements and the Road Maintenance Specifications in Appendix C. Performance of road maintenance work by Contractor may be required prior to, during, or after each period of use.

H.6 TRAFFIC CONTROL PLAN

Unless otherwise agreed in writing, when Contractor’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s Operations. Contractor and Forest Service shall agree to a specific Traffic Control plan for each individual project prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except at otherwise agreed, flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Contract Area Map, Traffic Control Plan or in specifications attached hereto. No separate payment will be made for traffic control. Traffic control is an indirect pay item under 151. - Mobilization. See supplemental specification 156. - Public Traffic.

H.7 USE BY OTHERS

Forest Service shall have the right to use any road constructed by Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Contractor hereunder when such use will not materially interfere with Contractor’s Operations. Such third party use shall be contingent upon the third party paying a fair share of maintenance cost commensurate with such commercial use. Unless otherwise provided, Forest Service shall authorize other uses of roads constructed by Contractor hereunder only if:

(a) Forest Service makes appropriate arrangements to relieve Contractor of related maintenance costs commensurate with such other uses and

(b) Such other uses will not materially interfere with Contractor’s Operations.

Where Contractor reconstructs a road having established use, the use during reconstruction and thereafter by Contractor shall be such as to reasonably accommodate such established use. Contractor shall have the right to use such reconstructed road without material additional interference from other users.

H.8 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H.9 LOCAL MATERIAL SOURCES

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

• The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

• When materials…