Section H.rtf

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT PROVISIONS

H.1. Wages See Section J, Wage Decision

H.2. Superintendence by Contractor. In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order will be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.3. Loss, Damage or Destruction H.3.1. Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

H.3.2. Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

H.4. Subcontracting a) The Contractor shall submit to the Contracting Officer, in writing, plans to subcontract any portions of the work. The submittal shall include evidence that the subcontractor is experienced and equipped for such work. Written approval to subcontract any portion of the work is required prior to start of work by a subcontractor. Such approval will not be construed to relieve the Contractor of any responsibility under the contract. b) The minimum proportion of work to be done by Contractors own forces is stated in Clause 52.219-14 (Jan 91). In general, this amounts to 15% for construction.

H.5. Emergencies:

H.5.1. Fire Plan [X]See Section J, Fire Plan [ ]Not applicable; however, Contractors are required to comply with State law during fire season.

H.5.2. Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Construction - 100 meters on either side of the centerline [ ] (b) Construction of Structures - 100 meters around the perimeter of the project [X](c) Road Construction - 400 meters on either side of the centerline [ ] (d) Special for this project:

H.5.3. EMERGENCY RESPONSE 452.236-77 (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.6. USE OF PREMISES 452.236-72 (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 Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. (b) Unless excepted 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.

H.6.1. Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises (H.6. above). Any non-compliance will result in suspension of work until compliance is achieved.

H.7. Archaeological and Historic Sites. Location of known archaeological, historic, or pre-historic materials, such as, Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433), will be identified for the contractor before work commences. Upon discovery by either party (Government or Contractor) of additional cultural materials during the operation, activity in the area shall cease and the find shall promptly be reported to the other party. Materials identified on-the-ground during project operations may result in modification of the project or rescheduling of the operations so that assessment of the artifacts' significance can be made and provision for their protection and conservation implemented.

H.8. CONTROL OF EROSION, SEDIMENTATION AND POLLUTION 452.236-74 (NOV 1996) (a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). (b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, and impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. (c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.8.1. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.9. Threatened or Endangered Species. Location of known threatened or endangered species, such as California Red -Legged Frog, Arroyo Toad, Least Bell’s Vireo and Southern Steelhead or other species protected under the Threatened or Endangered Species Act (1973), will be identified for the Contractor before work commences. Upon discovery by either party (Government or Contractor) of additional threatened or endangered species, activity in the area shall cease and the find shall promptly be reported to the other party. Newly discovered or listed threatened or endangered species identified on-the-ground during project operations may result in modification of the project or rescheduling of the operations so that assessment of the threatened or endangered species’ significance can be made and provision for their protection and conservation implemented.