C - SECTION H_special_requirements.doc

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

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

Contractor Representative

Mine Safety Qualified Person

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

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

KEY PERSONNEL

Contractor Representative

The Contractor shall assign to this contract a person or persons identified in their technical proposal that shall be the Contractor Representative, crew leader, and are responsible for quality control. The Contractor’s Representative shall be on site at all times that operations are being conducted.

Full Authority

The Contractor Representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

Mine Safety Qualified Person.

The Contractor shall designate a Mine Safety Qualified Person as stated in section C.4.11.3 of this contract.

Availability of Key Personnel.

The Contractor’s Representative shall be on site at all times to meet on the contract area with Government CO and/or the COR to discuss problem areas.

FIRE CONTROL PLAN

Fire Restrictions

The contractor shall comply with Federal Fire Prevention Regulations and Forest Service Special Orders applicable to the area. Depending on weather conditions, the contractor shall be restricted from performing certain operations that are restricted in the Special Order. A copy of these regulations may be obtained upon request from the CO. Forest Service personnel may make periodic routine inspections for regulation compliance.

Contractor-Caused Fires

The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

Other Fires

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by using an emergency equipment rental agreement at the current rate for fire-fighting services established by the Forest Service.

Employee Release.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

Equitable Adjustment.

An equitable adjustment in contract time may be made for this period by the contracting officer.

The following specifications apply during all periods of high fire danger:

Fire Extinguishers and Tools on Mobile or Stationary Equipment

Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

· One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

· One - shovel, round point #0 lady or equal.

· One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

· One - water container (at least 1-gallon capacity), not required with stationary equipment.

Spark Arrestors

Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Power Saws

For each powersaw used in connection with this contract, the following will be provided: Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

Blasting

Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated. The Forest Supervisor, District Ranger, Law Enforcement Officer and Fire Management Officer will be notified at least two weeks in advance of any planned blasting operations.

Smoking

Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

Storage of Fuel and Flammable Products

Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

Welding

Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

Burning

Burning of trash and/or debris is not permitted under this contract.

CONFERENCE & MEETINGS

Pre-work Conference

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

Performance Evaluation Meetings

The contracting officer may require the contractor to meet with the CO, COR and other government personnel as deemed necessary. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. Written minutes of any such meetings shall be recorded in the contract file and signed by the contract manager and the contracting officer or contract administrator. If the contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the contracting officer within 10 calendar days following receipt of the minutes.

CAMPING AND WORKSITE CONDITIONS

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the COR. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

(b) Unless accepted elsewhere in the contract the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

Camping and Worksite Plan

A Camping and Worksite Plan shall be submitted that is consistent with requirements set forth in this section, and the camping permit if required. The Contractor shall provide a general plan with the technical proposal, and shall provide a more specific plan based on items awarded, prior to start work. The Contractor shall be aware of and abide by the rules of the National Forest applicable to forest visitors.

Camping Permit Required

If he/she chooses to camp, the Contractor shall obtain a camping permit from the local Forest prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping area has been cleaned up to the requirements of the Camping Permit. If the Contractor does not obtain a camping permit but requires his/her employees to obtain the camping permit, the Contractor remains responsible for campsite cleanup and his/her employees conduct while camping on National Forest land.