WILLOW_DRAW_CONTRACT_SECTIONS_V2.docx

Willow Draw Project

AG-82X9-S-17-0018

WILLOW DRAW HAZARDOUS FUELS REDUCTION CONTRACT

ADDITIONAL SPECIFICATIONS AND TASK ORDER

SECTION C – DESCRIPTION, SPECIFICATIONS and WORK STATEMENT

C.10 GENERAL

C.1.1 Introduction - The Willow Draw Hazardous Fuels Reduction Project Area is located on Forest Service land 3 to 5 miles northeast of Pagosa Springs, Colorado. The Pagosa Ranger District is responsible for the Project. The proposed treatments under this contract involves mechanical thinning, mowing and shredding (mastication) of Rocky Mountain juniper, white fir, blue spruce, Douglas-fir, ponderosa pine, Gambel oak and associated shrubs.

C.1.2 Scope - Contractors are to provide all labor, supplies and equipment to mechanically mow and shred (or grind) designated vegetation with a rubber tired or tracked, vertical or horizontal shaft shredder or mulcher capable of working on slopes up to 30 percent and mulching trees or logs up to 12 inches in diameter at breast height (DBH).

C.1.3 Purpose – The purpose of this mowing and shredding treatment is to thin and shred ponderosa pine stands and understory vegetation in order to improve overall stand health and to mitigate fire hazards by decreasing fuel continuity. The Project Area is within the Wildland Urban Interface. It is at high risk of high intensity crown fire potentially impacting adjacent residential areas 160.

C.1.5 Location of Project Area

C.1.5.1 Location: The Project Area is located on the Pagosa Ranger District in Archuleta County northeast of Pagosa Springs, Colorado. The legal location of the Project Area is T. 35 N., R. 1 E., Section 7; T. 35 N., R. 1 W., Section 1, 2, 11 and 12; T. 36 N., 1 W., Sections 33 and 34. A Vicinity Map showing the general location of the Project Area and a Project Area Map showing the location of the Treatment Units are attached to this contract.

C.1.5.2 Treatment Units: The location and boundaries of the Treatment Units are shown on the Project Area Map. There are 7 Treatment Units totaling 743 acres in the Project Area.

Unit No.

Acres

C.1.6 Boundaries: The boundaries of treatment units are marked with separate orange and blue surveyor’s flagging tied together. Units which are bounded by Forest Service roads will not be flagged along these features. The roads will serve as the boundaries and will be indicated on provided maps.

C.1.7 Access to Project Areas – Access to the Project Area is via U.S. Highway 160 northeast of Pagosa Springs. Turn right at the intersection of Highway 160 and Archuleta County Road 113/Forest Service Road 666 (Fawn Gulch Road). Units 1, 2, 6 and 7 are located north and south of this road. All other units are accessed via U.S. Highway 84 one quarter mile south of the intersection with Highway 160. Turn east on Archuleta County Road 302 (Mill Creek Road). The Units 23 and 26 are accessed from the end of this road before the gated community. Unit 44 is accessed from Forest Service Road 665.A via Forest Service Road 665 (Nipple Mountain Road) south of Mill Creek Road.

C.2.0 Definitions

COR – Contracting Officer’s Representative

DBH – Diameter at Breast Height measured 4.5 feet above the ground on the uphill side of the tree.

DRC- Diameter at Root Collar- diameter of the tree or shrub measured outside the bark just above the root collar swell.

Damaged Tree – any reserve or “leave” tree that has been damaged by the Contractor.

Obstacle – For the purposes of this contract an obstacle is defined as any object which can impede, or damage, the shredding/mulching or tree cutting equipment. This could include rocks, logs, old stumps, road banks or culverts.

Pre-settlement trees – trees that were established on the site prior to Euro-American settlement in Southwest Colorado. Generally these trees are at least 130 years old at DBH. The bark of ponderosa pine is becoming smoother and is more yellow or orange than younger trees.

Riparian Areas - permanent or intermittent wet sites or drainages with willows, cottonwood trees, sedges or other riparian vegetation.

Treatment Unit – Area where contract work will be completed that is delineated on the Project Area Map.

Slash – All vegetative material including, but not limited to, tree or shrub boles or stems, wood chunks, limbs, tops and brush created or disturbed as a result of Contractor’s operations.

C.3.5 Project Layout and Cultural Surveys by Contractor – All of the Treatment Units have been surveyed for all cultural sites and all sites were either avoided or flagged off during layout.

C.4.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES - There is no Government-Furnished property for this project.

C.5 SPECIFIC TASKS

C.5.1 Mechanical Fuels Treatment (Grinding) – Line Item 0017AC – Level III – Percent cover of material to be treated is estimated to be between 40 and 70 percent total cover. Slope is under 30%.

C.5.1.1 Standards - The following standards apply to all Treatment Units:

1. Mow and shred 65 percent of the canopy cover area of Gambel oak and associated shrubs, greater than 2 feet tall, in a natural mosaic pattern. Whenever possible mow and shred entire clumps and leave isolated clumps in openings. Do not mow large Gambel oak (DRC 6 inches or greater) except to remove ladder fuels under large ponderosa pine trees. Emphasis will be on mowing clumps of oak underneath and adjacent to overstory trees to reduce “ladder” fuels.

1. Mow and shred ponderosa pine trees no greater than 12 inches DBH and at least 3 feet tall to enhance clumpiness and openings. Select trees that display any of the following:

1. a live crown ratio less than 30 percent of the total tree height

1. severe dwarf mistletoe (more than 30 percent of the live tree crown infected)

1. dead or broken tops

1. severe bend or crook.

1. Mow and shred all Douglas-fir, white-fir and blue spruce trees that are less than 12 inches DBH and at least 3 feet tall.

1. Mow and shred juniper less than 14 inches with the exception of large open grown juniper.

1. All mowed vegetation shall be shredded such that 80 percent of the mulch material is less than 4 inches in diameter and 12 inches long and no woody piece is greater than 8 feet in length. Eighty (80) percent of the mulch and chips resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 4 inches and none of the mulch and chips shall be deeper than 6 inches. Small amounts of branches, stems and tops resulting from the mowing and shredding (not more than 20% of treated material) may be higher than 6 inches but no more than 24 inches above the ground.

1. Stumps and stubble heights must be less than 8 inches above the ground surface or above any obstacle.

1. Do not mow pre-settlement ponderosa pine of any size.

C.6. RESOURCE PROTECTION STANDARDS

C.6.1 Water Quality- The following measures shall be observed to protect stream courses:

1. Mowing/shredding equipment shall not be operated in riparian areas or stream courses except at crossings designated by the Forest Service. Equipment shall not be permitted in wetlands or wet meadows. These areas are protected by description and are not delineated on the ground.

1. The Contractor shall not cross any drainages, gullies, channel bottoms or swales at a point where banks exceed 30% slope.

1. Access routes to Treatment Units shall be designated by the Forest Service. Temporarily opened roads and main trails created by the equipment will be assessed by the Forest Service and, if necessary, rehabilitated by the Contractor to provide drainage, stop erosion, encourage revegetation and discourage unauthorized off-road travel. Rehabilitation could include blading out ruts, outsloping, constructing waterbars, ripping, and/or covering with slash, and seeding.

C.6.2 Wet Period Restrictions

Travel on native surface roads and off-road with equipment is restricted when the soil is saturated. If the soils are saturated such that ruts 4 inches or deeper and at least 10 feet long are created by heavy vehicles, the Contractor must stop operations with heavy equipment and wait until the ground dries out or freezes. If the Contractor fails to stop operations and creates significant soil damage, the Contractor will be required to repair the damage and rehabilitate the site. Repair and rehabilitation may include any of the following: (1) surface blading of roads; (2) filling and leveling ruts to original contour; (3) providing drainage; (4) seeding. If the wet conditions persist, the COR may issue a “Suspend Work Order” until conditions improve.

C.6.3 Other Resource Protection

All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources listed.

1. Improvements and Survey Monuments - The Contractor(s) shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, power lines, survey markers or monuments. The Contractor will be required to repair or pay fair market value to replace any damaged improvements. Known survey markers are shown on the Project Area map and the Forest Service will attempt to locate and flag survey markers and bearing trees prior to treatment.

1. Soils - The Contractor shall minimize soil disturbance to less than 15% of the treatment area. Soil disturbance includes bare soil exposed at the completion of the treatment and soil that is disturbed and then covered with mulch/chips.

1. Protected trees: The Contractor must avoid damaging protected trees including: (1) ponderosa pine and Douglas fir snags over 15 inches DBH and 12 ft. tall, (2) live standing trees not designated for mulching and shredding and (3) all bearing trees. The COR may require the Contractor to cut and/or shred trees damaged by the Contractor or Subcontractors. The COR or designated inspector will identify and mark all damaged trees. If the damage is excessive the Contractor will be charged a rate of $20/tree. To be considered a damaged tree one of the following criteria must apply:

2. bark is removed from more than 50% of the circumference

2. the top is broken

2. more than 30% of the cross-section of the bole is removed

2. more than 30% of the live crown removed

1. Cultural Sites – The Treatment Units have been surveyed for all cultural sites prior to layout, however should any heritage or cultural sites be discovered during operations, the Contractor should immediately stop treatment in that area and contact the COR who will notify the District Archeologist. To reduce risk of damage to undetected cultural sites, Contractor must use high flotation tires on shredding/mulching equipment and all equipment must remain within the Treatment Unit boundaries or on pre-approved access routes.

1. Operating Season Restrictions to Protect Wildlife –

4. No restrictions will be applied within this section of the contract.

C.6.4 Safety

When the Contractor’s operations are in progress adjacent to or on roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with the Contractor’s operations. A traffic control plan shall be agreed to by the Contractor and the Forest Service prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD)

Warning signs must be posted at least 300 feet away from the machinery on roads and trails adjacent to the Treatment Units while the shredding/ mowing machinery is in operation.

C.6.5 Road Maintenance

Commensurate with use, the Contractor is responsible for maintaining all roads within the Project Area. Maintenance shall be performed in a timely manner to prevent rutting and seasonal weather damage, and safeguarding soil and water quality, and provide for safe use. Specifications for road maintenance activities are listed below.

a. Visibility The Contractor shall remove vegetation or other obstructions to driver visibility caused by Contractor’s activities during the permit period.

b. Drainage Maintenance The Contractor shall keep ditches, culverts, water bars and other drainage facilities clear and functioning.

C. 6.6 Noxious Weeds

Cleaning of Equipment- The Contractor shall insure all equipment moved onto Forest Service land is free of soil, seeds and vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to insure compliance, and shall notify the Contracting Officer Representative (COR) at least 3 business days prior to moving each piece of equipment onto Forest Service land. Arrangements will be made for the COR or a designated Inspector to inspect each piece of equipment prior to it being moved onto Forest Service land.

“Equipment” includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles primarily for transport of personnel.

ACCEPTABLE QUALITY LEVEL

(Acceptable Quality Level)

Mowing 65% of Gambel oak and associated shrubs.

MEASUREMENT

Units were mapped by Global Positioning System (GPS). Acreage was then calculated using ArcMap 10.3.1 GIS software.

PAYMENT

Payments will be made upon satisfactory completion of Treatment Unit(s) and receipt of an invoice from the Contractor. Partial payments of no less than $5,000 each will be approved for satisfactory completion of partial Treatment Units as long as the area being approved for payment is contiguous and meets all contract requirements.

CAMPING

The Contractor will be permitted to camp on Forest Service Land. A permit will be issued to allow the Contractor, subcontractors and employees to camp at one location for more than 14 days. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with camping permit issued by the District Ranger.

STAGING AREAS

Staging areas for the temporary parking, refueling and routine maintenance of equipment will be allowed at locations pre-approved by the COR. The following operations approved for the designated staging areas shall require the use of adequately sized catchments and/or absorbent mats to catch and contain possible spills: 1) refueling of mowers from pickups and small tanks; 2) changing hydraulic fluids; and/or 3) performing any other maintenance work which may cause the leakage or transfer of fluids from equipment, including motor oil changes, if necessary.

If any rutting or damage occurs to the access roads or staging areas, the areas will be returned to at least the original condition, or better

CONTRACT TIME PERIOD

Date of Award – 10/31-2017

ATTACHMENTS:

Project Area and Vicinity Map

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

E. 1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

E.2 FAR 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

E.3 AGAR 452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

b) Inspection and acceptance will be performed at: the project site.

E.4 Contractor Quality Control Inspection System The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.4.1 Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be performed on each sub-item listed in each task order.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residiual tree protection and other associated tasks, suchs as sample plots of thinning and subitems.

E.4.2 Contractor Quality Control Inspection At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than date stated in the contract. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.2 FAR 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

F.3 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): http://farsite.hill.af.mil/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-17 Government Delay of Work (APR 1984)

F.4 AGAR 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from Date of Award through 180 days from award Date.

(End of Clause) F.5 AGAR 452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from date of award through 180 days after award.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION DATA

It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

G.1.2. INVOICE FORMAT

The invoice format/template the contractor shall use in submitting invoices is to reflect the award document with the individual line items through the IPP platform. The contractor shall attached their companies version of the paper invoice to the IPP invoice.

G.1.3 INVOICE SHALL BE SUBMITTED TO

Contractor shall submit invoices to the IPP platform.

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

G.2. PAYMENT:

(1) Contractor and government personnel will decide on the method of payment, whether it be partial payments, based on some measure, or as one deliverable at the end of the project.

(2) Payment for Materials Off Site In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

G.2.1 PAYMENT WILL BE MADE BY:

Payments are made by the US Department of Treasury through information from System for Award Management (SAM).

G.3 FOREST SERVICE REPRSENTATIVES:

G.3.1 The Procuring Contracting Officer (PCO) is responsible for the administration of this contract and is solely authorized to take action on behalf of the Government. Unless specified otherwise within this contract, the PCO referred to as the Contracting Officer. The Contracting Officer for this contract is:

MARTIN A MARTINEZ, CONTRACTING OFFICER

PHONE: 303-275-5785

FAX: 303-275-5453

EMAIL: mmartinez02@fs.fed.us US Department of Agriculture Forest Service, Rocky Mountain Region 740 Simms Street Golden, Colorado 80401

G.3.2 The Contracting Officer Representative is responsible for the on-site administration of this contract. The delegated authority and responsibilities will be defined on a delegation letter issued after contract award. The Contracting Officer Representative will be assigned with each task order issued.

G.4 AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled by the Contracting Officer’s Representative with time and place.

(End of Clause)

G.5 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager and Project Foreman.

(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.

H.2 4G52.222-704 Personal Protective Equipment The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation

H.3 MATERIAL CERTIFICATIONS, TESTING REPORTS & OTHER SUBMITTALS

The following certificates, test reports, samples and test data shall be submitted on this report. See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

The following shall be submitted on this project:

Notification of Proposed Contractor-Provided Material Sources

10 Days

Hazardous Spill Plan

2 Days

Contractor Quality Control Plan

5 Days

Traffic Control Proposal

10 Days

Disposal Statement

N/A

H.4 FIRE CONTROL

H.4.1. Contractor's Responsibility for 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.

H.4.2. 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.

H.4.3. Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.4.4. An equitable adjustment in contract time may be made for this period.

H.4.5. 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.

H.4.5.1. 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 H.2.5.2. and H.2.5.4. below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required 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.

H.4.5.2. 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:

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

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

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

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

H.4.5.3. 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 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.

H.4.5.4. Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

b. 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.

H.4.5.4.1. Any fueling or refueling of a powersaw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw or auger shall be moved at least 10 feet from place of fueling before starting.

H.4.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.4.5.6. 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.

H.4.5.7. 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.

H.4.5.8. 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.

H.4.5.9. 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.

H.4.5.10. 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 handpump attached, shall be immediately available for use in the event of a fire start.

H.4.5.11. 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.

H.4.5.11.1. 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:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. 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.

H.4.5.12. Pump and Trailer. Not required.

H.4.5.13. Burning. Before starting any open burning, the Contractor shall comply with the following:

a. 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.

b. Obtain a burning permit from the District Ranger.

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

d. 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.

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

f. 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.

H. 5. 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.

H.6 SAFETY PLAN

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H.7 AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H.8 AGAR Advisory Number 96 Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS)

Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) will be used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

SECTION I – CONTRACT CLAUSES

I.1 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): http://farsite.hill.af.mil/ 52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015) 52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds.