Conditions of Use

CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the CO. Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills will be reported immediately to the CO or COR. Spills over 25 gallons will be reported to the Idaho State Department of Environmental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked. The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

PHYSICAL DATA (FAR 52.236-4) (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the U.S. Department of Agriculture, Forest Service. Features shown on the plan & profile sheets were identified by visual observation during the preliminary location and survey and during a "plans in hand" review.

(b) Weather Conditions - The project is subject to seasonal limitations from November thru June. Wet weather commonly limits construction operations in October and June.

BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

OTHER FACTORS

PETROLEUM PRODUCTS

Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements is listed below:

(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of the petroleum products stored in the tanks. Containment areas shall be lined with an impermeable membrane.

(b) The storage areas shall be located more than 300 feet from any existing stream courses.

Fueling of equipment Fueling of equipment shall be done in a manner to eliminate potential spills.

(a) Transfer trucks shall be limited to 200 gallons maximum.

(b) Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the CO.

(c) All spills shall be reported immediately to the CO. Spills over 25 gallons must be reported to the Idaho Division of Environmental Quality.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment. The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires (a)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.

(b) - 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 the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned. 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. An equitable adjustment in contract time may be made for this period.

(c) - Fire Protection Requirements – Fire Plan

At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1)Fire Tools

The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) 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.

(3) Spark Arresters. 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 chain saws, 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.

(4) Power saws. For each power saw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the

CO with special precautions stated.

(6) 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.

(7) Storage of Petroleum and Other Highly 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.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) 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 hand pump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared.

The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the

Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the

Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least 3/4-inch I.D.

heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, an additional 250 feet of 3/4-inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with the proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the

National Forest.