Solicitation.doc

AG-04T1-S-08-0007

Umpqua National Forest

Danger Tree Slash Cleanup

UNDER DPAS (15 CFR 700)

FORMCHECKBOX

NEGOTIATED (RFP)

8. ADDRESS OFFER TO (If other than Item 7)

Umpqua National Forest 2900 N.W. Stewart Parkway

Roseburg, OR 97470

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

SOLICITATION

(Hour)

(Date)

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.

(541) 825-3141 lmspencer@fs.fed.us

11. TABLE OF CONTENTS

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

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

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

(See Section I, Clause No. 52-232-8)

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

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

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

FORMCHECKBOX

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

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

1.

Danger Tree Slash Cleanup – Base Year 1

Date of Award thru December 31, 2008

807(3) Backhoe

Hour $_____________

807(6) Dump Truck

Hour $_____________

832(1) Load, Haul, Place Material

1 Cubic Yard $_____________

832(2) Load, Haul, Place Material

Mile $_____________

832(3) Load, Haul, Place Material

1 Lump Sum $_____________

851(5) Hazard or Obstruction Removal 1 Mile $_____________

851(6) Hazard or Obstruction Removal 1 Each $_____________

881(2) Mobilization Cottage Grove

Each $_____________

881(2) Mobilization Diamond Lake

881(2) Mobilization North Umpqua

881(2) Mobilization Tiller

Each $_____________

2. Danger Tree Slash Cleanup – Option Year 2

January 1, 2009 thru December 31, 2009

3. Danger Tree Slash Cleanup – Option Year 3

January 1, 2010 thru December 31, 2010

Mobilization will be paid once per District, per calendar year.

This is an Indefinite Quantity type contract. The quantity shown is for evaluation purposes only. See Section G and I for ordering procedures and limitations.

Option Years 2 and 3 pricing is based on the Base Year pricing, subject to adjustment based on the Economic Price Adjustment terms elsewhere herein.

The following minimum and maximum order amounts apply:

Base Year 1

Minimum: $3,000

Maximum: $20,000

Option Year 2

Minimum - $3,000

Maximum - $50,000

Option Year 3

Minimum - $3,000

Maximum - $50,000

The MINIMUM Award amount for this contract is $3,000.00. The MAXIMUM aggregate of all Task Orders issued against this contract is $120,000.00.

Offerors shall complete the questionnaire in Section J to be fully considered for award.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

SCOPE OF CONTRACT

The contract requires slash removal along roads and related work in compliance with its terms, specifications, and provisions. The contractor shall remove slash and debris from roads as a result of tree falling operations. This includes tree limbs, pieces, and log segments. Logs range in diameter from 6 to 60 inches, and may be as long as 60 feet or longer. Logs and chunks longer than 9 feet in length require approval prior to being reduced to a length that is manageable for equipment to maneuver. Work shall be performed on an as-needed basis on one or more of the following units: Cottage Grove Ranger District, Diamond Lake Ranger District, North Umpqua Ranger District or the Tiller Ranger District.

This contract is intended to meet the intent of Public Law 106-393, "Secure Rural Schools and Community Self-Determination Act of 2000".

C-2

LOCATION AND DESCRIPTION

The location of the worksite(s) and other information pertinent to this contract will be attached to each task order at the time work is ordered. All sites are on Umpqua National Forest lands.

Accessibility — Work areas may be reached by forest roads accessible by standard pickup, weather permitting, during the normal operating season. The Forest Service assumes no obligation to plow snow or do special maintenance to keep roads open.

C-3

TECHNICAL SPECIFICATIONS

Slash material including logs from felled trees that are greater than 2 feet in length and 3/4 inches in diameter (ML 3 – 5) or 4 inches in diameter (ML 2) at large end shall be removed to designated disposal areas identified on individual task orders. Maintenance level of roads will be indicated on the task orders. Slash and debris shall be removed from the area as shown on the drawings, or as can be reached with the equipment from the road, not to exceed 6 feet from edge of travel way or ditch line. Off road movement of the equipment to remove slash is not anticipated. Logs less than 33 feet and chunks shall be bucked and piled to permit safe firewood cutting by the public in an area to be designated. If chipping is selected by the contractor as the slash disposal method, the chips shall not be allowed to concentrate in piles. If spreading the chips is not possible, they shall be hauled to designated area(s).

Log and slash removal shall be conducted in such a manner as to minimize ground disturbance and protect existing vegetation and improvements.

All work under this contract shall be performed in a skillful and workmanlike manner. The CO may require, in writing, that the Contractor remove from the work any employee the Contracting Officer or Contracting Officer’s Representative deems incompetent, careless, or otherwise objectionable.

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily Contractor inspection and cleaning as appropriate. Equipment will be routinely inspected by the Government for any fluid leaks including cracked or damaged hoses. Fluid Leaks will be a basis for issuing an immediate shutdown of operations and issuance of a “notice of noncompliance”.

Equipment (loaders, excavators, backhoes, yarders, chainsaws, etc) shall be cleaned of noxious weeds and their seeds prior to entering onto National Forest Lands (see Special Equipment Cleaning Requirements in Section H).

C-3

CONTRACTOR’S RESPONSIBILITIES

The Contractor shall furnish all tools, equipment and supplies necessary to carry out slash cleanup operations. Such tools and supplies include, but are not limited to, personal protective equipment (hard hat, chaps, gloves, caulked boots, rainwear), chain saws, and first aid kit.

The Contractor shall provide all vehicles and fuel necessary to reach work area(s) as designated on each task order.

The Contractor is responsible for any radios used to communicate between his/her crew members. Government-furnished radio will be available and assigned to the contractor or crew when communication is required between Contractor’s equipment operator(s), road guard flagger(s).

C-4

SAFETY

Certified flaggers will be required for work along roads as required and noted on individual task orders.

C-5

FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT

Task Orders - The unit prices established under each Task Order are considered firm-fixed-price.

Firm-Fixed-Price each Calendar Year Period - The unit prices established under Section B for Calendar Year 2008 are considered firm-fixed-prices for any Task Order for this work within the 2008 calendar year. If additional Payment Items are added by contract modification they will also be considered to be firm-fixed-price.

Annual Price Adjustment - This contract is subject to economic price adjustment for the following specified materials and labor in accordance with the contract clause entitled “FAR 52.216-4 Economic Price Adjustment – Labor and Material” included in Section I. Annual Price Adjustment will apply only to the pre-priced items covering the immediately prior calendar year.

Price Adjustment Elements - Price adjustments will be considered only on the following elements:

· Fuel expenses not to exceed 20% of any given unit price. For the purposes of this contract this adjustment will be based on the price of gasoline or diesel fuel only.

· Labor not to exceed 30% of any given unit price. This adjustment will be limited to labor rates, and will not cover any adjustment to hours of labor provided. For the purposes of this contract rates for labor will be based on adjustments to the minimum wage rate established under any replacement Department of Labor Wage Decision provided by the Contracting Officer.

Price Adjustment Timing - Documentation for price adjustment requests must be presented between the period of November 1-30.

Price adjustment will be considered only one time per calendar year.

It is the intent of the Government to come to terms on a price adjustment no later than December 15 of each year. Price adjustments shall be final and will be reflected via formal contract modification. Upon execution of a price adjustment modification any revised unit price shall be considered a Firm-Fixed-Price effective for the entire subsequent option year period.

C-6

MEASUREMENT AND PAYMENT

Measurement and payment for contract work will be made only for “work ordered under” those pay items included in the Schedule of Items. Measurement and payment for work or materials required to complete the project “in accordance with” the drawings and specifications and which are not included as pay items in the Schedule of Items will be considered as incidental to and included in the payment for other pay items shown and separate measurement and payment will not be made. The intent of the contract is to provide for the completion of all work 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 terms of the contract.

C-7

BASIS OF PAYMENT

Invoice payments may be made for completed and accepted units as determined by the Contracting Officer or the COR. Acceptance of the work will be determined by an inspection of the area and will be based on adherence to the work specifications.

The COR, or a designated inspector, will receive the daily shift tickets at the end of each work day.

C-8

PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the completion of all work 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 incidental to and included in the payment for items shown.

C-9

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E-1

INSPECTION

a.

Inspections will be made periodically as work progresses, or as work is completed, to determine acceptability of method and manner of performance, the end product of the maintenance operations, and to make measurements for payment.

b.

As stated in the above clause entitled “Inspection of Services —Fixed Price,” the Government’s inspection system will not be a substitute for the Contractor’s required inspection system.

E-2

REWORK AND REINSPECTION AFTER REWORK

If rework of any phase of this project is required, it will be at the expense of the Contractor and no time adjustments will be allowed. The Contractor will be allowed to rework a unit only once, unless otherwise approved by the Contracting Officer. The Contractor will pay for all Government inspections costs resultant from the rework. Inspections after rework will be made in the same manner as the original inspection.

E-3

ACCEPTANCE

Authority for final acceptance under the contract lies with the Contracting Officer.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

F-1 AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award through December 31, 2008.

The effective period of the OPTION YEAR 2 of this contract is from January 1, 2009 through December 31, 2009.

The effective period of the OPTION YEAR 3 of this contract is from January 1, 2010 through December 31, 2010.

F-2

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK FOR INDIVIDUAL TASK ORDERS

The Contractor shall be required to (a) commence work under individual Task Orders within three (3) calendar days after the effective date the Task Order, (b) prosecute the work diligently, and (c) complete the work ready for use within the dates specified on the Task Order. The time stated for completion includes final cleanup of the premises.

The number of calendar days allotted for completion of all work under a given Task Order shall be negotiated prior to issuance of the Task Order and will be expressed on the Task Order. The rates of progress to be used for determination of performance periods shall be based on standard industry practices and consideration of the Contractor’s equipment, workforce and existing uncompleted Task Orders against this contract. Performance periods on sequential Task Orders may be established for consecutive performance or the timing for performance may run concurrently, as mutually agreed.

F-3

INTERRUPTION OF WORK

The count of work days to be charged against contract time shall begin on the day established by each Task Order and shall continue through the date of completion as determined at the final inspection. The Contractor shall prosecute the work at a rate that will result in completion of all work within the time specified.

The contract performance period has been established as a number of full work days with favorable working conditions for the type of work required. In addition to these work days the Contractor should expect to experience and make allowances for a variety of delays that normally occur throughout the estimated work period. These delays may include the following or other similar delays:

1.

Inclement weather

Adverse road conditions or other adverse access conditions

3.

Fire closures

4.

Seasonal shutdowns

Other Contractors working in the area

6.

Critical plant development or related environmental conditions necessary to meet the intent of the contract

7.

Conditions where continued work could cause harm to forest resources

These are normal conditions that may limit actual on-the-ground performance. Any suspensions of work for these types of conditions, whether work is formally suspended in writing or not, shall not be construed as suspensions for the convenience of the Government.

Each day in which there are 8 continuous daylight hours where work conditions are favorable (reasonable and normal working conditions not unduly inhibited by any of the above cited delay factors) will be counted as a work day. Days of less than 8 continuous hours but more than 4 continuous hours will be counted as a half day of contract time. Contract time will not be counted for days where less than 4 continuous daylight hours are favorable for work.

Contract time will not be formally suspended in writing by the COR unless the Contractor fails to suspend their own operations under unfavorable conditions where continued working could cause harm to the completion of the contract intent or harm to other forest resources.

When the Contractor determines that favorable working conditions do not exist, the Contractor shall document such conditions and discuss them with the COR. Any differences shall be reconciled weekly or the Government’s count of contract time will be used. Any failure to reconcile contract time shall be brought to the attention of the Contracting Officer by the Contractor.

Notwithstanding the above, any day in which the Contractor elects to work shall be construed as a day with favorable working conditions. Any day with favorable working conditions will be counted as a work day even when the Contractor does not work.

The Contractor will be allowed a reasonable time to remobilize to the work site after time has been suspended for longer than a full work day, and the count of work days will resume accordingly.

Any formal written suspensions of work by the COR that are related to noncompliance with contract terms will not be construed as suspensions for the convenience of the Government.

F-4

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT’S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project areas which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within ten days after the date of contract award. The conference will be held at a mutually agreed upon location.

G-2

ORDERING

The Government will give at least 48 hours advance notice for the initial mobilization date and 13 hours advance notice for subsequent orders. If the Contractor is unable to fill task orders as requested, the Contractor shall notify the Government immediately and provide an estimated time and date when personnel and equipment will be available. If the Contractor’s proposal is not acceptable to the Government for any reason, the order shall be considered cancelled. Repeated failure to provide services may result in cancellation of the task order and termination of the contract.

Actual period of operations will be dependent on the weather and fire danger conditions. There is no guarantee that full time work will be available during the entire performance period.

Services to be provided hereunder will be ordered by issuance of a written task order. Each task order will reference this contract and will be subject to all the terms and conditions herein. Each task order will contain the following information.

· Task Order Number

· Date of Order

· Services Ordered, Quantity and Prices

· Performance Period Requirements

· Work Locations/Vicinity Maps

Task orders will be issued at the price awarded on this basic contract and shall be firm-fixed price.

If a Task Order requires additional Pay Items not already covered under the contract, these items will be priced by mutual agreement. A formal contract modification executed by the Contracting Officer will be required for additional Pay Items.

The Contractor has a right of refusal for Task Order work that cannot be completed in the same calendar year as ordered. By mutual agreement, work ordered during one calendar year may be scheduled for completion in a following calendar year.

The following individuals may place orders against this contract.

· Contracting Officers on the Umpqua National Forest

· Designated Contracting Officer’s Representatives (COR); orders are limited to pre-priced items of work.

G-3

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed of the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G-4

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1.

The name, address and telephone number of the subcontractor.

2.

The date upon which the subcontract was entered into and its duration.

3.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

4.

Documentation of the subcontractor’s representative authority.

5.

Documentation of any required licenses.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1

LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

1.

Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock which falls outside the roadway due to contract operations and dispose of it as directed by the Government.

2.

Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government.

(b) The Contractor shall confine operations to within the work area limits, immediate work area, or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this project.

(c) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

1.

Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

2.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(d) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

1.

If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

2.

At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate, additional planned preventive measures shall be established for review by the Contracting Officer or representative.

3.

The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor’s employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms, or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor’s are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor’s employees or resulting from or related to construction operations.

4.

The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-2

USE OF PREMISES

a.

General - The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of Government business.

b.

Camps - Before any camp or storage site is opened or operated on National Forest land or lands administered by the Government, written permission shall be obtained through the Government. Camp is interpreted to include the campsite or trailer parking area of any employee or subcontractor working on the project. Such permission, if granted, will be without charge to the Contractor.

H-3

INDUSTRIAL CAMPS AND SANITATION

Forest Service regulations for use of campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.

A special use permit is required on National Forest land for industrial camps. Such permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions. One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.

H-4

USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations set forth in the current National Forest Road Rules (available for inspection at the Forest Supervisor’s office), when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

H-5

TRAFFIC CONTROL, FLAGGERS, BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. Keep traffic devices current with maintenance operation and remove upon completion.

All operations and signing shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail. Required signs may be mounted on portable or temporary mountings. Use standard MUTCD shapes, colors, sizes, and legends.

Mark hazards incidental to the work within or on the traveled way, shoulders, or turnouts with hazard identification markers, illuminated beacons, and other MUTCD devices to safely guide road users through the area. Mark work segments not completed on a daily basis appropriately for night travel. Obtain authorization before commencing work at night.

Advisory speed plates may be used to control traffic through the work area.

Flaggers — Provide properly equipped, trained and certified, flag person(s) where the traffic is required to stop before proceeding. Stop traffic in locations which provide width enough for passage of traffic and reasonable protection for vehicles. When flag control is used, advance warning signs are required.

H-6

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as elsewhere provided herein.

H-7

EQUIPMENT REQUIREMENTS

The Contractor shall furnish equipment meeting OSHA (Occupational Safety and Health Act) requirements. When the Contractor is paid for furnishing and operating equipment on an hourly or daily basis, it shall be operated at its design speed, or the maximum speed feasible under prevailing conditions.

The Government will not be liable for loss, damage or destruction of equipment furnished under this contract except for such loss, damage or destruction resulting from the negligent or wrongful act(s) of the Government employee(s) while within the scope of their employment. All claims arising under these causes will be submitted to the Contracting Officer.

Equip all vehicles operating on or from the traveled way or road shoulder with flashing lights, strobes, or rotary beacons operated continuously while work is in progress.

Park vehicles off the traveled way at approved locations to minimize interference with normal use.

H-8

HAZARDOUS MATERIAL SPILL CLEAN-UP KIT

A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site. Spill clean-up kits shall contain the following items as a minimum:

1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil, and fuel

1 gallon “Plug-a-Dike” or equivalent material

A nineteen liter (five-gallon) mixing container

20 meters of 150 mm absorbent, floating booms for absorbing hydraulic fluid, engine oil, and fuel from a water surface

H-9

HAZARDOUS CONDITIONS SAFETY PLAN

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

· tree bucking/limbing

· fall hazard from work heights exceeding six feet

· traffic control on high-volume and/or high-speed and/or limited visibility roads

· heavy equipment operation

· fire hazards

· hazardous materials handling

· hydraulic and/or pneumatic and/or other high pressure hazards

· mechanical hazards such as pulleys, springs etc.

H-10

SPECIAL EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) and all off-road vehicles moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

spotted knapweed (Centaurea maculosa) diffuse knapweed (C. diffusa) yellow starthistle (C. solstitialis) gorse (Ulex europaeus) rush skeletonweed (Chondrilla juncea) tansy ragwort (Senecio jecobaea) purple loosestrife (Lythrum salicaria) distaff thistle (Carthamus lanatus) scotch broom (Cytisus scoparius)

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

H-11

SPECIAL HERPTILE PRESERVATION REQUIREMENTS

The Contractor shall take special care under this contract to avoid injury to any reptiles (such as turtles, lizards, snakes) or amphibians (such as frogs, toads, salamanders, newts) in the work areas.

Any and all reptile or amphibian specimen(s) killed or injured as a result of the Contractor's activities associated with this project shall be retained and delivered to the Tiller Ranger District Office for the attention of the wildlife biologist within 24 hours of the time of initial recovery of the specimen.

H-12

SUBMITTALS

The following submittals are required for this project:

Designation of Representative

R6-FS-6300-6

(FAR 52.223-6)

N/A

H-13

SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-14

FURNISHING OF MATERIALS

a.

The Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications. The Contractor shall verify the kind and amount of work that may be necessary in furnishing the material.

b.

The Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.

H-15

STORAGE OF MATERIALS AND EQUIPMENT

Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor’s expense.

H-16

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer, upon contract award will designate in writing a Contracting Officer’s Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

H-17

NOTICE TO PROCEED

Each Task Order will serve as a Notice to Proceed and will be issued in writing by the Contracting Officer or COR. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Task Order.

After work has started, progress will be made in accordance with any rate of progress as stated in Section F.

H-18

REQUIREMENTS RELATED TO VEGETATION MANAGEMENT PROJECTS (USDA-FS 4/20/92)

(a) Applicability

In accordance with the Final Environmental Impact Statement (FEIS) for “Managing Competing and Unwanted Vegetation in the Pacific Northwest Region,” several requirements are being implemented under our contracts that involve vegetation management. This contract involves work that falls within coverage of the FEIS, and therefore requires compliance with applicable provisions below. These requirements apply to all vegetation management projects within coverage of the FEIS, whether accomplished by manual, mechanical, prescribed fire, biological, or herbicide methods.

(b) Reports and Notice Requirements

(1) The contractor shall prepare and submit, after work is completed but prior to final payment under this contract, a report which includes:

(a) The vegetation management treatment method used;

(b) Names of each person who worked on the project, their assignment, training received, dates of actual work, and a list of the protective clothing and equipment used;

(c) Details of all exposure incidents, accidents, and/or worker health complaints, if any occurred;

(d) If the project involves use of herbicides, the exact identity of the product used, its formulation, manufacturer, mixture, and method of application; and,

(e) If the project involves use of herbicides, a certification that the health information required by the ROD as amended was provided to all employees in a language they could understand.

(2) The contractor shall provide to its employees (including subcontractor personnel) a copy of a bilingual form entitled, “Health Effects Reporting Form for Vegetation Management Projects in the Pacific Northwest Region,” forms R6-FS-2100-10 and R6-FS-2100-10S (Spanish language version). This form is to be provided to employees for voluntary completion and submission to the Government, for reporting injuries or exposures while the employee is performing vegetation management work under this contract. This form may also be completed by any persons, including private citizens and Government employees, who wish to report injuries or exposures as a consequence of the contract work. A copy of this form is available upon request.

(c) Restrictions on Personnel Assignments for Herbicide Projects

(1) All employees who do not want exposure to the herbicides Glyphosate, Dicamba, Tebuthiuron, Triclopyr, Simazine, Bromacil, Dalapon, Atrazine, or 2,4-D will be given alternate work assignments not involving direct contact with these herbicides.

(2) Workers who are hypersensitive to the herbicides used in a project covered by these provisions shall not be used in positions in which they may come into direct contact with the herbicides. Workers who display symptoms of hypersensitivity to herbicides during application shall be removed from direct contact with the herbicides.

(d) Requirements to Inform Workers of Potential Health Hazards

(1) Prior to beginning any project utilizing the herbicides Glyphosate, Dicamba, Tebuthiuron, Triclopyr, Simazine, Bromacil, Dalapon, Atrazine, or 2,4-D, each worker shall be provided with a copy of the “Methods Information Profile for Herbicides” and the relevant “Herbicide Information Profiles” produced by the Pacific Northwest Region. If the worker cannot read English, the information in these profiles will be explained in a language the worker can understand.

(2) Each worker shall sign a statement indicating that she or he has reviewed the material, and either agrees to work on the project as assigned, or requests another assignment. The statements will be provided to the COR prior to commencement of work.

(e) Equipment and Clothing Requirements

(1) For projects utilizing the herbicides Glyphosate, Dicamba, Tebuthiuron, Triclopyr, Simazine, Bromacil, Dalapon, Atrazine, or 2,4-D , all equipment and clothing required by the ROD as amended in February 1992 shall be on-site prior to commencement of work.

(2) The COR will assure compliance with these requirements prior to authorizing commencement of work.

(f) Penalties for Non-compliance

Failure by the Contractor to comply with these requirements will be grounds for contract termination or other remedies provided under the Default clause and other provisions of this contract. State and Federal health and safety agencies may also have grounds for action in cases of noncompliance with applicable laws, rules, and regulations.

(g) Government Not Liable for Accidents and Exposures

The Government will not accept any liability for accidents and exposures resulting form work under this contract, except in cases in which it is shown that there was a direct action of the Government or its employees which caused the accident or exposure. Otherwise, the Contractor retains responsibility for accidents and exposures that occur during work under this contract.

H-19

INSURANCE COVERAGE AGAR 452.227-71 (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on…