C- SECTION C _SOW_SPECS.doc

CIM-0907-3A-006-0907-01

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C 1.0 Scope of Contract

This contract requires the remediation of safety hazards associated with abandoned mine openings and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals. Contractor shall be responsible for removal and disposal of any waste material generated including, but not limited to excess materials and existing barbed wire. Included in this scope of work is supplying needed materials, except any supplied by the Government, and the delivery of these materials to each mine opening.

The period of work for this contract is forty-five (45) days, beginning at the time the Notice to Proceed for remediation work is issued.

Remediation measures taken must be to generally accepted professional standards and executed with high regard for safety.

Nothing in this contract calls for work remediating hazardous materials (as defined by 49 CFR 105.5 (b)).

C 2.0 Location and Description The solicitation is for work on the Ontonagon Ranger District of the Ottawa National Forest. This project site is known as the Norwich Area and is located approximately 40 miles northeast of Ironwood, Michigan. Up to seven mine openings may be closed under this contract, including five base bid items and two optional bid items. An Information table (see J.2.1) and photos of each opening (see J.2.3.1 – J.2.3.8) are shown in Section J.

The contract involves the physical closure of mine openings. Specified closure types include steel grates, with and without human access gates, and polyurethane foam plugs. Bat-friendly closure devices are required on openings identified by the Forest Service as important bat habitat. Closure devices for bats must meet specifications of Bat Conservation International (BCI), or equivalent. The Forest Service has identified several of the mine openings inhabited by bats where future human access will be required for research. For these openings a human access gate shall be incorporated into the closure device. Recently installed closures in the Norwich Area are considered equivalent to BCI standards by the Forest Service, and can serve as acceptable examples for prospective bidders. Section J (J.2.4.1 – J.2.4.9) include examples of several types of closures and is intended only to provide conceptual ideas of how closures are constructed.

C 3.0 Access.

The Government will provide a map of access routes to the abandoned mine land (AML) area (Section J – J.2.2.1 and J.2.2.2). The Contractor is authorized to use specific, existing FS roads. Contractor shall not cause damage to FS roads or other FS resources, and shall be responsible to ensure that, upon completion of this contract, all Forest Service roads used in conjunction with the contract are in a similar condition to as they were found. Contractor shall make timely restoration of roads or other improvements damaged by the contractor's operation. There shall be no temporary roads, although temporary ATV trails may be used and shall be rehabilitated by the contractor.

The Contractor may access the areas from roads and trails indicated on project maps. The only vehicle access to all mine openings, except Norwich E, is Forest Road 642, which is gated approximately one mile from the general work area. The Contractor shall close and lock this gate after entering or exiting. The Contractor is permitted to drive from the locked gate to the access point with only the minimum size and number of vehicles necessary for transport of the crew and materials. FR 642 may become impassable during extended periods of rain or with excessive use. If the contracting officer’s representative (COR) determines this road has become unsuitable for highway vehicles, only All Terrain Vehicles (ATVs ) and Utility Terrain Vehicles (UTAs) will be allowed beyond the gate.

The Contractor may transport equipment, supplies and personnel from roads to the mine openings or staging areas at the Contractor’s discretion, with COR approval, consistent with any restrictions on motorized or other vehicle types specified in the contract. Access to mine openings is limited. The contractor should consider using ATVs or UTV’s to deliver equipment and materials to staging areas and mine openings. Minimal work (clearing brush, rocks, etc.) on existing trails to accommodate ATV use will be allowed, if approved by COR. Temporary ATV or foot route, when approved by the COR, may be used to access staging areas and/or mine openings, and must be restored to the satisfaction of the COR upon completion of the project.

Because of the sensitive nature of the area, ATV use will be restricted to designated routes and limited to the transport of materials and equipment that cannot reasonably be hand-carried. A Forest Service employee will walk routes to be used for the project with the contractor. Routes will be flagged and mapped by the Forest Service.

The North County Trail (NCT), a National Scenic Trail, traverses the area. Use of this trail by motorized vehicles will be minimized, but if used, the contractor shall place warning signs to caution trail users. Where the NCT is used by motorized vehicles, the contractor shall restore the trail to as near the original condition as possible.

Motorized routes shall avoid crossing channels and wetlands unless absolutely necessary for safe travel. If such crossings are necessary, temporary crossing structures such as pipe bundles, rip-rap, or corduroy over filter cloth shall be used as prescribed by the Forest Service.

In the event of excessive rainfall, the COR may issue a cease work order to prevent resource damage.

When routes used by the contractor are no longer needed, the contractor shall close them at their entrances to prevent future unauthorized use. Impacted route surfaces prone to soil erosion shall be treated with erosion control structures such as waterbars, check dams, or rip-rap as prescribed by the Forest Service.

Due to very difficult terrain not all mine openings are accessible by ATV. Where no ATV access route exists, the contractor has the option to transport needed materials to staging areas using snowmobiles. The most favorable conditions for snowmobile use generally occurs in late winter when the snow has settled. The Forest Service will identify, flag, and GPS staging areas where materials will be delivered to. Any foam delivered to a staging area by snowmobile will have to be specifically formulated to withstand freezing and be shall be securely wrapped and tied in a tarp.

Air Operations are not allowed.

C 4.0 Technical specifications C 4.1 Types of closure devices

There are many types of closures and designs used for closing mine openings. For this contract acceptable closure methods are foam plugs and welded iron grates. Examples of closure types are found in Section J.2.4, on the Internet, and in Bat Conservation International (BCI) publications.

C 4.2 Installation of a Polyurethane Foam (PUF) Plug If PUF is used as a closure device, the contractor is required to use foam specifically formulated for mine closures, such as that available from Mine Seal or Foam Concepts companys. Installation by hand or mechanical application is allowed, but application by any method shall be in accord with the PUF manufacturer’s recommendation. PUF used in mine closures shall not contain chlorinated fluorocarbons (CFC's). The COR shall approve the contractor’s choice of PUF prior to installation.

C 4.2.1 A vent pipe of 4” Schedule 40 PVC shall be incorporated into all PUF closures. Rock rip-rap and filter cloth shall be placed at the pipe outflow area to dissipate flow energy to prevent soil erosion and damage to the closure.

C 4.2.2 When installing PUF, debris, dirt, loose rock, etc., in the mine opening shall be cleared to ensure proper adhesion of the PUF. Unless otherwise specified, trash shall be taken to a permitted landfill.

C 4.2.3 All foam closures shall have a thickness of 12 feet of PUF. PUF shall not be applied during rain unless the foam is fully protected from interaction with water by a physical barrier.

C 4.2.4 A temporary foundation will be needed for the foam. The bottom form and cross members may consist of any commonly available, non-toxic materials capable of sustaining an initial lift of two to four feet of PUF. Acceptable cross member materials include, but are not limited to, reinforcing steel, 2x4's, cardboard tubes, fabric air-inflated plugs, and inner-tubes. Acceptable bottom form materials include, but are not limited to, plastic sheeting, plywood, cardboard, and paneling. An example of a temporary foundation using an inner tube is shown in Section J.2.4.3. The depth shall be approved by the COR prior to any formwork.

C 4.2.5 All bottom forms shall be completed prior to the application of any PUF. The Contractor shall provide the COR with the installed depth to bottom forms for PUF closures. Any breach in the bottom form caused by rock fall or other reason shall be repaired prior to PUF application. The Contractor shall be responsible for the integrity of the bottom form and the loss of any polyurethane should it fail.

C 4.2.6 Contractor shall follow manufacturer’s recommendations for thickness of foam lifts, waiting times, between lifts.

C 4.2.7 To protect the PUF from vandalism, two inches of fill shall be uniformly placed over the foam as soon as practical after the last layer of PUF has solidified. No sooner than 2 hours after PUF application, and in accordance with manufacturer’s specifications, the remaining void above the PUF plug shall be backfilled. The contractor shall place a total of one foot of bagged top soil, or equivalent material approved by the COR, over the foam plug.

C 4.2.8 The top surface of the soil covering shall be no more than two feet below the surrounding surface grade level. The Contractor shall clean the site of all PUF fragments and over-spray. Tools and equipment shall be cleaned in such a manner as to avoid injury to vegetation or wildlife. Handling of chemicals used in cleanup shall comply with all applicable local, State and Federal regulations. Damages or claims arising from PUF overspray shall be the responsibility of the Contractor.

C 4.3 Installation of Bat-Friendly Grates.

Where bat-friendly closures are required and metal grates are used, the closures may consist of a varieties of materials and can be based on numerous designs. All closure devices shall be fabricated on-site to ensure proper fit. Any closure used shall generally meet BCI criteria, or equivalent, allowing for bat ingress and egress while providing adequate protection for the public.

C 4.3.1 Materials

When using angle iron, grates shall use at a minimum one quarter inch (¼") steel. Unless otherwise specified, grates shall be constructed of 6”x 6”, 4”x4” and 1 1/2”x 1 ½” structural steel that conforms to the requirements of American Society for Testing and Materials (ASTM) A-36 (all purpose steel). Installed grates will be protected from vandalism with one quarter inch (1/4”) expanded metal steel plate.

C 4.3.2 Square tubing, if used, shall have a minimum thickness of 3/16” and be of an equivalent ASTM standard as angle iron. Within each piece of tubing used, a 5/8” round metal rod shall be placed and allowed to rotate freely as a means to prevent vandalism. Unless otherwise specified, grates shall be constructed of 2” x 2” structural steel. Grates shall be constructed in the same manner as recently installed on other closures in the Norwich Area.

C 4.3.3 Grates shall be anchored with 1” rebar or expansion type rock bolts embedded to a minimum depth of three (3) inches. A minimum of six (6) anchors are required.

C 4.4 Installation of adit grates:

If using angle iron to fabricate grates on adits, the bottom of the grate shall be 6” x 6" angle and set over a mat of one-quarter inch (¼”) expanded metal, which extends from the grate into the portal at least three feet (3’). All field welds shall be in accordance with the requirements of the American Welding Society AWS D-11.

C 4.4.1 The grate must be anchored into the walls, roof and floor of the adit or tunnel using rock bolts or 1” rebar. The anchors must be welded to the grate using Contractor fabricated hangers made of 6”x 6" angle. The horizontal bars and columns are made of 4” x 4" angle iron strengthened with T-bar stiffeners welded inside consisting of 1½ x 1½ x ¼" angle.

C 4.4.2 Spaces between the horizontal bars shall be 5¾" on Contractor made hangers consisting of short lengths of 6” x 6" angle. The horizontal bars must be equally spaced using a spacing gauge that must be knocked out after the bars are welded to the hangers. Spaces between vertical bars shall be between 24 and 30 inches, in general. Human access panels shall be constructed to allow for an opening of approximately 24 inches wide and 23 inches high. This human access door should be located towards the downhill side of the grate and approximately centered.

C 4.4.3 To finish the grate, a “bat guard” is welded on the front of the bars at each column. Where human access is specified, a door consisting of a removable bar with a hidden latch and shrouded (boxed-in) lock is required, constructed in a similar design as recently installed on other closures in the Norwich Area.

C 4.5 Quality Control.

The Contractor shall prepare a Quality Control Plan as described in Section E. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C 4.6 Work Plan and Schedule.

The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedule shall be provided after issuance of a contract, but 10 days before start work. For mine openings identified as providing bat habitat, all operations must occur prior to August 15, unless otherwise agreed to by the COR.

The Contractor shall update the work plan as work is in progress to account for changes; and the updated work plan may be accepted by the Contracting Officer.

C 4.7 Camping and Worksite Conditions.

When it is necessary for the Contractors’ employees to remain on-site overnight, the Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The COR must approve any camping. The conditions will be consistent with the requirements of Section H and Section I.

C 4.8 Communications.

The Contractor shall keep the Contracting Officer advised as to where the Contractor can be reached prior to start of Contract Time. Further the Contractor shall maintain contact with the Contracting Officer during periods of work suspension to reduce any delay in resuming fertilization and to determine the best suitable time and conditions to resume fertilization.

C 4.9 On-site Representative.

The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress. Refer to F.3. Superintendence by the Contractor.

C 4.10 Crew Safety.

The contractor shall be responsible for complying with all applicable federal, state and local laws and regulations that govern worker health and safety in and around mines, abandoned mines and construction sites. In no instance shall the contractor operate in any manner that does not meet or exceed the requirements set forth in FSH 6709.11 – Health and Safety Code Handbook.

C 4.11 Health and Safety Plan (HASP).

Contractor shall submit a conceptual HASP as part of the bid package that describes applicable health and safety requirements, personnel, policies and procedures to be used to prevent accidents and injuries resulting from typical abandoned mine site hazards and conditions. If successful, the contractor will submit a site specific HASP within 14 calendar days of contract award and before beginning work at the site. The conceptual and site specific HASP may be submitted in any format desired but shall address the following topics at a minimum:

C 4.11.1 Pre-shift inspection

Before beginning work at the site the Contractor shall be responsible for thoroughly investigating surface and underground site conditions where workers may encounter health and safety hazards, and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries.

C 4.11.2 Limited Access to Underground Workings.

The contractor will limit access to underground working to areas just inside the portal of tunnels and adits and the collars of shafts. Access underground will be as necessary to install PUF and bat-friendly grates.

C 4.11.3 Designation of Mine Safety Qualified Person.

Due to the hazards associated with abandoned mines, all work on mine portals shall be conducted under the supervision of a qualified person (QP). Training, education or experience that may be cited by contractors as evidence of QP qualifications include: 1) Mine Safety and Health Administration (MSHA) underground and mine rescue training, 2) Occupational Safety and Health Administration (OSHA) confined space training, 3) Forest Service and Bureau of Land Management (BLM) underground abandoned mine entry training courses, 4) Mine Engineering or similar degree, 5 ) State training or certifications, 6) Federal or State Mine Inspector qualifications, and 7) On the job experience.

C 4.11.4 Pre-work Assessment of Mine Safety Hazards.

The pre-work assessment will be done by the QP. The QP will describe the safety hazards that are present above and below ground at the mine sites covered in this contract.

C 4.11.5 Safety Procedures.

Based on the Pre-Work Assessment of Mine Safety Hazards, the QP will describe the hazards expected at the work site and the safety measures to be taken on a daily basis. The assessment will be based on the work to be done, any hazards discovered during the Pre-Work Assessment and the equipment and supplies to be used by contractor personnel.

C 4.11.6 Health and Safety Equipment.

Describe first aid, rescue, communication and personal protective equipment that will be available and used. Particular emphasis will be placed on equipment needed to work safely in and around underground mine openings and facilities.

C 4.11.7 Emergency Communications.

Identify and develop rapid communication procedures with the closest available emergency medical response units and medical centers (See Section J.1.1). All workers, foremen, superintendents, and managers shall be indoctrinated to emergency response procedures.

C 4.11.8 Safety Procedures.

Describe use and maintenance of temporary barriers, signs, and security devices as necessary to ensure the safety of contractor personnel, Forest Service personnel, and the general public.

C 4.11.9 Health and Safety Training.

Describe requirements for health and safety training, pre-work and periodic safety meetings.

C 4.11.10 Wild Animals The contractor should be aware that bears inhabit the area and take necessary precautions. Also, an abundance of deer can pose a driving hazard.

C 4.11.11 Poison Ivy

The contractor should be aware that poison ivy exists throughout the project area, including within the shafts, and take necessary precautions.

C 4.12 Work Hazards.

Surface and underground health and safety hazards typical of abandoned mines exist at the mine sites covered by this contract. Such hazards may include but are not limited to; unprotected hazardous mine shafts, stopes, adits and other openings which may be open to the surface or hidden from view and unstable mine workings.

C 4.13 Warning Signs.

The contractor shall install appropriate warning devices and signs to mark any hazards associated with work done under this Statement of Work (SOW).

C 4.14 Notification of Unsafe Conditions.

The contractor shall identify in writing to the Government any safety issues associated with the Government’s requested product, that would prevent the Contractor from completing the contract as soon as noted.

C 4.15 Explosives.

Abandoned surface and underground mines occasionally hold stores of unexploded dynamite, nitroglycerine and other explosives common to the mining industry. Abandoned explosive are often more volatile and dangerous due to decay and weathering. It is not expected that explosives will be encounted on this project. If explosives are discovered by the Contractor, work must stop and the COR must be notified immediately.

C 4.16 Poisonous Atmosphere.

Abandoned mines often contain oxygen deficient, toxic or combustible atmospheres, snakes, insects, animals, chemicals and other hazardous materials. Nothing in this contract is intended to mean that contract work should be done in poisonous atmospheres. It is the Contractor’s responsibility to insure that the work place is safe and adequately ventilated.

C 4.17 Pathogens.

White-nose syndrome (WNS) has killed thoudsands of bats in the eastern United States. This disease, while posing no known human health risk, is likely transmitted from bat-to-bat, and by humans inadvertantly carrying WNS from site to site. The contractor should be aware of this disease to help reduce the spread by minimizing skin conctact with surfaces within the mine openings.

C 4.18 Safe Working Environment.

The contractor shall be responsible for providing and maintaining a safe working environment in accordance with all applicable Department of Labor, national consensus standards (including supplements) and the Hearing Conservation Program. Before beginning work at the site the contractor shall be responsible for thoroughly investigating surface and underground site conditions where workers may encounter health and safety hazards, and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries.

C 4.19 Accident Reporting.

The contractor shall report to the contracting officer (CO), in the manner and on the forms prescribed by the Federal Government, exposure data and all accidents resulting in death, trauma, or occupational disease that occur on government property. All accidents shall be reported verbally to the COR within 24 hours. For accidents involving serious injuries, the contractor must submit form FS-6700-8 (ref. Forest Service Manual 6732.24).

C 4.20 Damage Reporting.

The contractor shall submit to the COR a full report of damage to Government property and/or equipment by contractor employees. All damage reports shall be submitted to the COR within 24 hours of the occurrence and a written report within 30 calendar days following the date of the damage.

C 5.0 STANDARDS

C 5.1 Compliance with Laws & Regulations.

All activities conducted under this contract must conform to all applicable federal, state and local environmental standards. This means obtaining all necessary permits and authorizations and meeting the standards required by state and federal law, including, but not limited to, the Clean Water Act (33 U.S.C. 1251 et seq.), Clean Air Act (42 U.S.C. 7401 et seq.) Endangered Species Act, National Environmental Policy Act, National Forest Management Act and the standards and guidelines in the applicable Land and Resource Management Plan(s). In the event environmental laws/regulations/requirements change during the term of this contract, the contractor shall comply with such law/regulation as changed. If there is an increase or decrease in cost as a result of the change, the contractor shall immediately inform the CO for possible modification of the contract.

C 5.1.1 Fees.

The Contractor shall, without expense to the Government, pay all Federal, State, County and Municipal fees applicable to the performance of the work, including, but not limited to, permitting fees.

C 5.2 Erosion Control.

All work performed by the contractor shall provide mitigation measures to prevent the unwanted movement of soil and the formation of rills and gullies.

C 5.3 Hazardous Waste.

The contractor shall manage and dispose of all hazardous waste derived from their operations. The hazardous waste shall not be stored on government property. The local forest Hazardous Waste Communication Plan shall be followed, along with state and federal requirements. Federal regulatory requirements include the Resource Conservation and Recovery Act (40 CFR 260- 279) and OSHA worker protection (29 CFR 1910.120).

C 5.4 Hazardous Material Storage.

The contractor shall maintain and repair all hazardous materials storage facilities in accordance with Federal and state regulations, applicable safety codes, and the Forest Service Manual and Handbook. References include: OSHA: 29 CFR 1910-H; EPA: 40 CFR 156, 262; DOT: 49 CFR 172.400; National Fire Protection Association (NFPA); International Fire Code (IFC); FSM 6742, Forest Service Handbook 6709.11, chapter 60.

C 5.4.1 Materials Allowed.

The contractor shall use and store only commercial grade fuels, lubricants, fleet maintenance fluids (such as anti-freeze) and commercially available PUF. The use and storage of water-based paint is allowed in either aerosol or can, but all paint used must be lead-free. Materials shall be stored in accordance with the manufacturer's recommendations.

C 5.4.2 Material Safety Data Sheets (MSDS).

MSDS and technical data sheets for all chemicals shall be on-site and available at all times.

C 5.4.3 Polyurethane Foam Storage.

All safety precautions outlined by the Polyurethane Division of the Society of Plastics Industries, National Fire Prevention Agency (NFPA), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), and the manufacturer's Material Safety Data Sheets (MSDS) shall be observed.

C 5.4.4 Training.

The contractor is responsible for advising employees of all Environmental and Hazardous Materials Handling requirements.

C 5.4.5 Physical Environment.

The contractor shall follow manufacturer’s guidelines and requirements for control of hazardous materials storage area humidity, temperature, cleanliness, and materials handling.

C 5.5 Hazardous Materials Spills.

If the contractor spills or releases any substance listed in 40 CFR 302 into the environment, the contractor shall immediately report the incident to the COR, if readily available, or to the inspector. The contractor shall be liable for any costs associated with the spill or release of such substances. All employees shall be certified and trained to appropriate level for which they work according to OSHA requirements (29 CFR 1910.120). Training and certification are the responsibilities of the contractor.

C 5.6 Resource Protection.

All contract work shall be done in a manner that protects and preserves forest resources to the greatest extent possible. This means that equipment shall be appropriately sized, using the smallest unit practical to accomplish the work, limiting all forms of surface disturbance to the greatest extent possible and taking all necessary precautions to protect, flora, fauna and archeological resources.

C 5.7 Archeological Resources

C 5.7.1 Treatment of Discovered Archeological Resources.

If previously unrecorded cultural resources or paleontological remains (fossils) are discovered during the execution of the contract work, the contractor, upon discovery, shall cease operations to the degree necessary to prevent any disturbance to the resource and immediately notify the COR. Historic artifacts shall not be removed, damaged, altered, or displaces unless absolutely necessary for their protection or to install the closures. Any artifacts removed will be returned to their original location, if possible. The cost of conducting any additional archaeological investigation shall be borne by the U.S.D.A. Forest Service.

C 5.7.2 Treatment of Known Archeological Resources.

Treatment of all archaeological resources will follow the requirements set forth in the contract which are based on the cultural resources clearance report. Unless otherwise specified in the Contract, archeological resources shall be avoided. Historic structures within a shaft, tunnel, or adit that are to be left in-place shall be protected from PUF by covering them with plastic sheeting. Historic debris or structures within a shaft, tunnel or adit that are to be removed to accommodate remediation activities and placed neatly to the side of the remediated opening. All work shall be in compliance with the National Historic Preservation Act of 1966.

C 5.7.3 Contractor Liability for Archeological Resources.

The contractor shall be responsible for the protection from damage of all identified cultural resources within the area which may be affected by their actions. In addition, the contractor shall be liable for all damage or injury to identified cultural resources caused by their actions. The contractor shall immediately notify the agency COR if any damage occurs to any cultural resource and immediately halt work in the area in which damage has occurred until approval to proceed has been granted by the COR after consultation with the Forest Archaeologist.

C 5.8 Wildlife C 5.8.1 General Standards.

The contractor at all times shall take appropriate measures to protect forest wildlife from threat or harm. The contractor’s employees shall not harass or intentionally cause harm to any wildlife encountered during the activities covered by this contract. Specifically:

Contractor’s employees shall not feed animals

All trash and debris (especially edible trash) shall be contained in such a way as to prevent the intrusion of animals and all trash shall be removed from forest lands at the end of each shift.

Equipment shall be operated in a safe and reasonable manner to prevent injury to animals crossing haul roads or traversing work areas.

Prior to sealing adits or tunnels, the Contractor shall take reasonable measures to permit wildlife to vacate the tunnel or adit. Such measures do not include entry into any underground workings but shall consist of measure taken outside the opening such as shining lights underground and making noises to alert wildlife that may be living in the opening. Unless specified otherwise in the BE, once these reasonable measures are taken, work may commence.

C 5.8.2 Threatened or Endangered Species.

All activities under this SOW will be done in accordance with the recommendations of the BE referenced in Section I, C. of this document. The area and/or AML mine openings for remediation may now or hereafter contain plants, animals, or their habitats determined to be threatened, endangered, or to have other special status (e.g. Regional Forester’s sensitive species). The Forest Service may recommend modifications to this SOW at any time to further its conservation and management objective to avoid activity that will contribute to a need to list such a species or their habitat. Forest Service may require modifications to this SOW if it is subsequently determines that the work specified in this SOW is likely to result in adverse effects to listed or proposed threatened or endangered species, or result in adverse effects to designated or proposed critical habitat. In such cases, the Forest Service will not allow some or all of the work in this SOW to proceed that may affect any such species or critical habitat until it completes its obligations under applicable requirements of the Endangered Species Act as amended, 16 U.S.C. § 1531 et seq., including completion of any required procedure for conference or consultation under section 7 or the Endangered Species Act (ESA). All activities involving federally listed or proposed species or their designated or proposed critical habitat shall conform to requirements in Forest Service Manual (FSM) 2670 - Threatened, Endangered and Sensitive Plants and Animals. Changes to the contract as a result of this section may entitle the contractor to an equitable adjustment.

C 5.9 Vegetative Resources.

The contractor shall not use or destroy vegetative resources of the National Forest except as required to provide safe equipment access. If the removal of merchantable timber is required for clearing of construction sites, etc., such timber shall be removed in accordance with applicable regulations and then only with the prior approval of the COR. The contractor shall re-establish vegetation on all areas of disturbance created by the contractor using approved vegetation selected to meet erosion and aesthetic requirements. A seed mix chosen to meet these standards is provided in the contract.

C 5.10 Noxious Weeds.

To prevent the spread of noxious weeds on lands administered by the USDA Forest Service, the contractor shall adhere to the following requirements:

The shaft closure project has low risk for spreading Non Native Invasive Plants (NNIP) since there would be little ground disturbance or change in light regime and project implementation would occur over a short period. Nonetheless, the contractor shall adhere to the following specifications:

C.5.10.1

For shaft/adit closure and connected actions (such as road repair), the contractor shall take reasonable measures to ensure all vehicles, materials, equipment, and gear (including worker clothing/boots) are free of soil, seeds, vegetative matter, and other debris that could contain or hold non-native invasive plant seeds, prior to entry into the project area.

C.5.10.2

For the earthen covering over foam plugs and for any fill used in road repair, the contractor shall use clean, weed-seed free material (which may include limited on-site waste rock). Due to the lack of available soil within the project area, the contractor is expected to use bagged top soil for covering foam plugs. For any other source of fill, the Forest Service will inspect the material source and ensure that they are weed and weed seed-free (Ottawa high and medium priority species) before use and transport.

C.5.10.3

The contractor shall use an approved seed mix on soil placed over a foam plug if seeding is needed to lower the potential for colonization by non-native invasive species.

C.5.10.4

The contractor shall minimize soil disturbance and retain native vegetation in and around project activity to the maximum extent possible consistent with project objectives. If mulch is used for any reason, it must be weed free.

C 5.11 Physical Security.

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the end of each work period, all government facilities, equipment and materials shall be secured.

C 5.11.1 Key Control.

The contractor shall establish and implement key control methods to ensure all keys/key cards issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the government. Keys associated with locked gates installed by the contractor shall be forwarded to the COR at the conclusion of the project.

C 5.11.2 Lost or Duplicated Keys.

The contractor shall immediately report to the COR or CO any occurrences of lost or duplicated keys.

C 5.11.3 Lock Replacement/Rekeying.

In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the CO, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from the monthly payment due the contractor.

C 5.11.4 Use of Keys.

The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of contract work required in those areas.

C 5.12 Other Independent Contractors C 5.12.1 Support Services

The contractor shall provide support services to other contractors as required by the CO or designated representative. Support is limited to the applicable services included within the scope of this SOW.

C 5.12.2 Disputes

The contractor shall refer unresolved disputes with other contractors to the CO or designated representative within 4 hours by telephone and within 24 hours in writing from the time the dispute occurs. If the dispute occurs outside normal business duty hours, and is not an emergency, the contractor shall contact the CO or designated representative telephonically within two hours of the start of the next workday. If the dispute is an emergency, notification will be made immediately to the COR who will notify the Contracting Officer.

C 5.13 References.

It is recognized that in conjunction with many tasks set forth therein, reference is made to United States Department of Agriculture, Forest Service, and other directives, instructions and other guidance. It is also recognized that because these documents are written for government personnel, they may contain language that indicates performance is to be by government personnel. Whenever such guidance is referenced, the contractor is to use such references as direction (coded mandatory) or suggested guidance (coded advisory) as appropriate in the performance of the required duties set forth herein and in other sections of the SOW as if such references had been written toward performance by contractor personnel.

C 5.13.1 Using References.

The contractor shall be bound to perform the work requirements in accord with the “Cited References & Forms” provided that:

C 5.13.2 Conflict – Contract vs. References.

Should there be a conflict between the contract and references set forth herein, the contract shall have precedence.

C 5.13.3 Conflicting References.

Should there be a conflict between or among two or more such references, those coded as mandatory by the contract shall have precedence over those code advisory; between or among those similarly coded, those issued by a higher authority shall control over those issued by a lower authority; and between or among or among those issued at the same level of authority, those with a later date of issue shall control over those with earlier dates of issue.

C 5.13.4 Government Authority.

Any duty set forth in the cited references which shall call for the exercise of non-delegable discretionary governmental authority shall be subject to the final approval of the government official having such authority, notwithstanding that the contractor may be required thereby to perform duties and render advice at a level below such final approval.

C 5.13.5 Equitable Adjustment.

The contractor shall perform according to all such referenced directives, instructions and other guidance as they may be from time to time revised, supplemented or amended. Any increase or decrease in cost of performance occasioned by such revisions, supplements or modifications shall form the basis for an equitable adjustment, subject to negotiation according to the provisions of this contract. The contractor shall immediately implement those revisions, supplements or modifications, which will result in no change in contract price. However, prior to implementing any such revision, supplement or modification that will result in a change in contract price, the contractor shall submit to the CO a not-to-exceed (NTE) price proposal or not less than (NLT) credit proposal therefore and obtain the prior approval of the CO. Said proposals shall be submitted within 30 calendar days from the date the contractor receives notice of the revision, supplement, or modification giving rise to the change in the cost of performance.

C 5.14 Obtaining References and Forms.

Specific documents and forms may be located at and downloaded from the USDA Forest Service web site at www.fs.fed.us. They may also be obtained from the CO.

C 6.0 PERFORMANCE REQUIREMENTS SUMMARY

The following describes the major items in the contract with the deductions for the work described. Items below are included here as requirements. (refer to Section G)

C.4.2 Installation of a PUF plug.

If Contractor does not meet design standards and/or take corrective action, the Government may provide adverse performance evaluation.

Work Plan and Schedule

C.4.6

Work not completed on schedule is subject to Default and may result in assessment of actual costs.