AG-04T1-S-10-0005 - Danger Tree Falling IDIQ RFP Solicitation Pkg.doc

AG-04T1-S-10-0005

Umpqua National Forest

Danger Tree Falling – Forest-wide

FORMCHECKBOX

NEGOTIATED (RFP)

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.

Claudia Halkyard, CO

(541) 498-2531

(541) 957-3222 mkarr@fs.fed.us chalkyard@fs.fed.us

11. TABLE OF CONTENTS

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.

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.

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

15A.

NAME AND ADDRESS

OF OFFEROR

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

FORMCHECKBOX

(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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

AMOUNT

Danger Tree Falling – Base Year

Performance Period: Date of Award thru 12/31/2010

1. Cottage Grove Ranger District Fall Marked Trees

a. 854(1) Danger Tree Falling

6-16 inch Diameter

17-32 inch Diameter

33-42 inch Diameter 43 -60 inch Diameter 61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

2. Diamond Lake Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

3. North Umpqua Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

4. Tiller Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

Each Each

Each

Each

Each

LS

Each Each Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Total Price for Base Year

*NOTE: Unit Price is based upon Two (2) qualified workers.

Above quantities are estimates only for pricing purposes. Actual quantities may vary.

The following minimum and maximum order amounts apply for the Base Year:

Minimum: $2,500.00 Maximum: $200,000.00

AMOUNT

Danger Tree Falling – Option Year 1

Performance Period: 1/1/2011 thru 12/31/2011

1. Cottage Grove Ranger District Fall Marked Trees

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

2. Diamond Lake Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

3. North Umpqua Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

4. Tiller Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Total Price for Option Year 1

The following minimum and maximum order amounts apply for the Option Year 1:

AMOUNT

Danger Tree Falling – Option Year 2

Performance Period: 1/1/2012 thru 12/31/2012

1. Cottage Grove Ranger District Fall Marked Trees

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

2. Diamond Lake Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

3. North Umpqua Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

4. Tiller Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Total Price for Option Year 2

The following minimum and maximum order amounts apply for the Option Year 2:

AMOUNT

Danger Tree Falling – Option Year 3

Performance Period: 1/1/2013 thru 12/31/2013

1. Cottage Grove Ranger District Fall Marked Trees

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

2. Diamond Lake Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

3. North Umpqua Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

4. Tiller Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Total Price for Option Year 3

The following minimum and maximum order amounts apply for the Option Year 3:

AMOUNT

Danger Tree Falling – Option Year 4 Performance Period: 1/1/2014 thru 12/31/2014

1. Cottage Grove Ranger District Fall Marked Trees

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

2. Diamond Lake Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

3. North Umpqua Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

4. Tiller Ranger District

a. 854(1) Danger Tree Falling

61 inch and above Diameter

b. 881(2) Mobilization

c. Tree Climbing

d. Cable Line Pulling

e. Tree Jacking

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Each

Each

Each

Each

Each

Each

Each

LS

Each

Total Price for Option Year 4 Total Price for Base plus All 4 Option Years

DUNS#:_________________________________________

The following minimum and maximum order amounts apply for the Option Year 4:

The Government intends to make a single award as a result of this solicitation.

Mobilization will be paid only once per year, per district.

This is an Indefinite Delivery Indefinite Quantity type contract. The quantities shown are for evaluation purposes only. See Section G and I for ordering procedures and limitations. The Minimum amount to be ordered under the entire contract time is $2,500.00 and the Maximum amount is $1,000,000.00.

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

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $1,000,000.00.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract This contract requires the falling of designated green and dead danger trees and fire killed trees and related work in compliance with its terms, specifications and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

Tree size varies from six (6) inches to sixty (60) inches diameter with an occasional tree greater than sixty (60) inches diameter. Intermittent timber jacking is required on an as needed basis. Bucking of felled trees shall occur as required to accomplish re-opening of work area roadways. It also requires tree climbing to attach cable for line pull operations and surgical removal of designated trees adjacent to Forest Service buildings.

Work shall be performed on as-needed basis on one or more of the following units: Cottage Grove Ranger District, Diamond Lake Ranger District, North Umpqua Ranger District and Tiller Ranger District on the Umpqua National Forest.

C-2 Location and Description The location of worksites and other information pertinent to this contract will be attached to each Task Order at the time work is to be accomplished. All sites are on Umpqua National Forest lands.

Worksites 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 Work to be done in accordance with Specification 854 – Treatment and Disposal of Danger Trees (5/30/07-UmpNF) and Attachment A, Oregon OHSA Tree Cutting Rules, OR-OSHA Div7-d, Div7-f, Div7-I and Div7-p. (See Section J for attachments.) Under OR-OSHA Div7_f section 437-007-0510 Flagging, traffic management and flagging of traffic is withdrawn and shall be the responsibility of the Forest Service, all other requirements remain as the Contractors responsibility. A complete Division 7 may be accessed at the following website: http:www.cbs.state.or.us/external/osha/subjects/forest_activities.html Contractor shall maintain daily shift tickets indicating location, size and number of trees cut per day. The Contracting Officers Representative (COR), or a designated Inspector, will work with the contractor to facilitate locating identified trees and will receive the daily shift tickets at the end of each work day.

Contractor is not liable for any slash clean up. Slash shall be cleaned and removed by separate contract or by Forest Service personnel.

C-4 Contractor’s Obligations Contractor shall furnish all tools, equipment and supplies necessary to carry out tree falling operations, including, but are not limited to, personal protective equipment (hard hat, chaps, gloves, caulked boots, and rainwear), chain saws and loops of saw chain, gasoline, gasoline mix oil, tree falling warning signs and first aid kit. Contractor shall provide all vehicles and fuel necessary to reach work area(s) as designated on each task order.

A minimum of two (2) qualified workers is required for each Task Order. A qualified person is defined as a person who has a recognized degree, certification, professional standing, knowledge, training or experience to perform the work and resolve problems relating to the project of work. Contractor and employees assigned to work under this contract shall have not less than 5,000 hours of documented experience falling timber per person.

Contractor shall be capable of supplying up to ten (10) workers for large job requirements. Contractor shall submit a written business plan to the COR prior to commencing work on a Task Order detailing the number of timber fallers that will report to accomplish each Task Order.

Contractor is responsible for any radios used to communicate between their crew members. Government-furnished radios will be available and assigned to the Contractor when communication is required between Forest Service equipment operators, road guard flaggers and contract cutters.

Contractor shall indemnify the Government and its employees and hold it harmless against claims for injury to persons or damaged property resulting from Contractor’s operations under this contract. Oregon Worker’s Compensation Certificate of Insurance and a Certificate of Liability Insurance are required (See Section H;

H-15).

C-5 Safety – Right of Refusal Contractor, or any employee of the Contractor, has the right to refuse cutting any identified tree where upon closer inspection of the tree reveals defects which pose unacceptable risk of injury or death. Such trees shall be made known to the COR, or designated Inspector, who then shall mark the tree with a danger tree, or killer tree, tape. Trees identified as such will be felled with explosives by the Forest Lead Blaster.

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.

C-7 Basis of Payment Invoice payments may be made for completed units of work as determined by the Contracting Officer or COR. Payment authorization will be dependent upon an inspection of the project and will be based on adherence to the work specifications. Mobilization will be paid only once per year per district when work commences on a Ranger District.

C-8 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.

C-9 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 terms 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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-1 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

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) E-2 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-3 Rework and Re-inspection 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. Contractor will be allowed to rework a unit only once, unless otherwise approved by the Contracting Officer. 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-4 Acceptance Authority for final acceptance under the contract lies with the Contracting Officer.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 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

52.242-14 Suspension of Work (APR 1984)

52.242-17 Government Delay of Work (APR 1984) F-2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of award through December 31, 2015.

F-3 AGAR 452.211-75 Effective Period of Contract (FEB 1988) The period of performance of this contract is from date of award through the period specified below:

Ordering Period Latest* Possible Performance Date

Option Year One (1)

(if exercised)

Option Year Two (2)

(if exercised)

Option Year Three (3)

(if exercised)

Option Year Four (4)

(if exercised)

* Individual Project Task Orders may require much shorter completion periods. The dates shown above are for the purpose of providing a “latest date” limitation under the contract.

In order to allow reasonable time for actual work, specific project performance periods may extend beyond the Ordering Period by 12 months or longer. This will allow a Task Order placed in late September (for instance) to be performed through the field season of the following year. Performance time for all Task Orders will run concurrently within the contract period unless an exception is established by mutual agreement.

F-4 Commencement, Prosecution and Completion of Work for Individual Task Orders A specific completion date and Notice to Proceed date will be included within each individual Task Order. The specific days and dates included under the individual Task Order will vary. Contractor shall be required to (a) commence work under individual Task Orders within three (3) calendar days after the date of the Task Order or the effective date of the Notice to Proceed for that Task Order, (b) prosecute the work diligently and (c) complete the work ready for use within the dates specified on the individual 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-5 Interruption of Work The count of work days to be charged against contract time shall begin on the day established by the Notice to Proceed and shall continue through the date of completion as determined at the final inspection. Contractor shall prosecute the work at a rate that will result in completion of all work within the time specified.

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, 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

2.

Adverse road conditions or other adverse access conditions

3.

Fire closures

4.

Seasonal shutdowns

5.

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 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 Contractor determines that favorable working conditions do not exist, 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.

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-6 Suspensions of Work for Other Than the Government’s Convenience 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 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, 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 - Individual Task Orders The Government will give at least 48 hours advance notice for the initial mobilization date and 13 hours advance notice for subsequent orders. If Contractor is unable to fill Task Orders as requested, Contractor shall notify the Government immediately and provide an estimated time and date when personnel and equipment would be available. If Contractor’s proposal is not acceptable to the Government for any reason, the order shall be considered cancelled. Repeated failure to provide faller 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 contract and shall be firm-fixed price. If a Task Order requires additional Pay Items that are 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.

Contractor has a right of refusal for Task Order work that cannot be completed in the same calendar year as ordered. If mutual agreement is reached, 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, Willamette, Siuslaw or Rogue River/Siskiyou National Forests or EROC-NW.

G-3 Administration of Individual Task Orders Wherever the term “contract” is used herein, it shall be construed to apply equally to Individual Task Orders placed under the contract, as if each Individual Task Order was a separate contract. Each individual Task Order is separable to the extent that it will be initiated, performed, administered, completed and closed independently.

1. Individual Task Orders may have separate Contracting Officers, COR’s and/or Inspectors.

2. Individual Task Orders will have unique performance terms and Notices to Proceed.

3. Individual Task Orders will require separate payments.

G-4 Issuing Office Administration

The Issuing Office shall be responsible for fund obligation and payment processing.

The Issuing Office shall provide information (task order number and award amount) of each awarded Individual Task Order to Umpqua National Forest, AQM, Attention: Claudia Halkyard, by phone (541) 957-3222, FAX (541-957-3223 or by email: chalkyard@fs.fed.us.

The Issuing Office shall complete all Federal Procurement Data System (FPDS-NG) and other reporting.

G-5 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 or 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 assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

On all matters that pertain to the contract terms, 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 contractural coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractural coverage could result in nonpayment or necessitate submittal of a contract claim.

G-6 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-7 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) 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. 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, Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, 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. 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) 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 there from. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. 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, 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), 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 appropriate additional planned preventive measures deemed shall be established for review by the Contracting Officer or representative.

3.

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. 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, 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.

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 - 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 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 described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

H-5

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-6 Equipment Requirements Contractor shall furnish equipment meeting OSHA (Occupational Safety and Health Act) requirements. When 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.

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-7 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. 1 case absorbent pad suitable for absorbing hydraulic fluid, engine oil, and fuel

2. 1 gallon “Plug-a-Dike” or equivalent material

3. A nineteen liter (five-gallon) mixing container

4. 20 meters of 150 mm absorbent, floating booms for absorbing hydraulic fluid, engine oil, and fuel from a water surface

H-8 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. 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

· Hazardous materials handling

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

· Mechanical hazards such as pulleys, springs etc.

· Fire hazards

H-9 Submittals The following submittals are required for this project:

Designation of Representative

R6-FS-6300-6

(FAR 52.223-6)

N/A

H-10 Salvage Rights No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-11 Furnishing of Materials Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications. Contractor shall verify the kind and amount of work that may be necessary in furnishing the material. 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-12 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-13 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) 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) 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) 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 from 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, Contractor retains responsibility for accidents and exposures that occur during work under this contract.

H-14 Ceiling Price AGAR 452.216-74 (Feb 1988) The ceiling price of this contract is the obligated amount of the contract. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

H-15 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. 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. 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. 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.