Vista_roadside_hazard_Specification.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

DATE

7. FOR SOLICITATION

calls)

LOCAL TIME

INFORMATION CALL:

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

1839 SOUTH NEWCOMB STREET

PORTERVILLE, CA 93257

FORMCHECKBOX

HUBZONE SMALL

NAICS: 115310 BUSINESS

FORMCHECKBOX

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.0 mil OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Sequoia National Forest 1839 S. Newcomb Street

Porterville, CA 93257

16. ADMINISTERED BY CODE

Southern California Acquisition Service Area 1839 S. Newcomb Street

Porterville, CA 93257

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Southern California Acquisition Service Area

1839 S. Newcomb Street

Porterville, CA 93257

TELEPHONE N0.

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

FORMCHECKBOX

SEE ADDENDUM

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Vista Fire Roadside Dead and Hazardous Tree Removal Project

Fall, skid and deck all dead and hazardous trees to authorized landings according to contract specifications.

IAW 52.232-18 -- Availability of Funds

All slash existing and created will be treated and piled according to contract specifications.

IAW 52.232-18 -- Availability of Funds.

Perform all mandatory road maintenance to existing roads according to contract specifications.

IAW 52.232-18 -- Availability of Funds.

3.0 acres

Miles

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED

FORMCHECKBOX

INSPECTED

FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

INJURY AND ILLNESS PREVENTION PLAN (IIPP)

Contractor shall submit an Injury and Illness Prevention Plan (IIPP) (CCR, Title 8, Section 3203) to the Government with the price proposal. The IIPP shall include the following elements:

1. Identify the person responsible for implementing the safety program;

2. Ensuring employee compliance with safe work practices;

3. A system for communicating with employees on matters of safety and health;

4. Procedures for identifying and evaluating hazards;

5. Procedures for investigating accidents;

6. Procedures for correcting unsafe conditions;

7. Safety and health training; and

8. A system of documentation and record keeping.

In addition to the IIPP, the contractor shall submit a Certificate of Registration from the Dept. of Labor (MSPA certification) and notice of authorization to transport employees (appears on the Contractor’s MSPA certificate) if applicable.

CAMPING ON FOREST SERVICE LAND AND REFUSE REMOVAL

Camping will be allowed by permit only and is not automatically granted as part of this contract. It is the contractor’s responsibility to leave both overnight camp area and work areas free from refuse and pollutants. Oil, fuel, and other fluids from equipment shall be stored in approved containers at all times. Refuse and petroleum waste resulting from equipment maintenance or other activity shall not be allowed to pollute National Forest land or water, and shall be removed from National Forest Land before final payment will be made.

SUPERVISION

The contractor shall directly superintend all work performed or assign an on-site representative who is fully competent in supervising work and who has authority to act for the Contractor. The Contractor and his representative(s) shall have both oral and written command of the English language. Safety practices will be strictly followed.

LIST OF ATTACHMENTS

ATTACHMENT 1 Project Map

ATTACHMENT 2 Fire Plan ATTACHMENT 3 Wage Determination #1977-0727, Rev 41 dated 06/13/2012 ATTACHMENT 4 Performance Work Statement

ATTACHMENT 5 Quality Assurance Surveillance Plan

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

C.1 Scope of Contract

The purpose of the Vista roadside Dead and Hazardous tree removal project is to cut / fell and deck dead and hazardous trees and the associated “activity fuels” within the Siretta roadside Dead and Hazard tree removal project area of the Kern River Ranger District that propose a threat to forest visitors, private landowners, permittees, and Forest Service employees traveling and recreating through these areas.

All dead and hazardous trees to be considered that are within 1.5 times their height from a roads edge, trails or administrative sites will be cut. Circumstances, such as steep terrain, may exist where distances may be greater or less.

Trees that are considered as hazardous will be designated by Forest Service personnel.

This statement of work will include, but not limited to, all labor, management, supervision, tools, materials, equipment, and transportation necessary to perform the stated purpose of this statement of work and includes, cutting, piling and removal of dead and downed trees, limbs, slash and forest debris resulting from current and prior operations.

Hazardous dead trees will be cut and removed with various timber removal equipment.

This contract deals with the removal of dead and hazardous trees along existing roads, trailheads and administrative sites. A hazardous tree is defined as any dead or live tree likely to fail in the near future, entirely or in part, due to structural decomposition or other factors causing instability of the tree, and is of sufficient size to strike targets. This poses a risk to public health and safety if these trees are located adjacent to high use areas.

C.2 Project Area and Acres The Vista roadside Dead and Hazardous tree removal project is located on the Kern Plateau of the Kern River Ranger District, Sequoia National Forest in Tulare County. Project area includes approx. 3 miles (218 acres) and approx. 100+ roadside dead and hazard trees. The project area starts at the junction of 22S05 and 22S20 and includes portions of 22S28 and 22S38. On these roads all Pine stumps (16” and >) will be treated with Cellu –Treat. All other terms of this contract remain the same.

C.3 Performance Time The period of performance shall be a period of 90 calendar days from the receipt of notice to proceed. Contract performance time is all inclusive and includes final clean up, rehabilitation of the premises/project area and demobilizations of Contractor personnel and equipment subject to Contract Clause FAR 52.212-4, Contract Terms and Conditions-Commercial Items (FEB 2007)

Work under this contract and progress toward accomplishing the work stated within the McNally Fire Dead and Hazard tree removal project will start when a notice to proceed is issued by the contracting officer.

C.4 Work Limitations and Restrictions No operations will begin or occur in areas of LOP’s that fall within the project area.

Spotted owl Limited (LOP) between February 1 and August 15.

Pacific Fisher (LOP) March 1st and June 1st Goshawk (LOP) between February 1 and August 30 All operations are subject to Fire Plan/Project Activity Levels (PAL) requirements and restrictions.

(See attached Fire Plan and requirements).

No log hauling will be permitted after 1300 hrs. (1pm) on Fridays preceding major holidays and opening day of general deer hunting season. Log hauling will not be permitted on weekends.

C.5 Access Access for / to the Siretta Roadside Dead and Hazardous tree removal project will be rd. 22S05 at its intersection with Mountain highway 99. Continuing NE on 22S05 to its junction with 22S21, the beginning of the project area.The road conditions are variable and their assessment is advised. The government does not guarantee that the Contractor will be able to use these roads, just that they are available in their current conditions and as weather permits.

C.6 Layout Unit/project boundaries will be completed by U.S. Forest Service personnel. Forest Service personnel will be responsible for establishing and maintaining boundaries for RCAs, PACs, LOPs and “No or special treatment areas”.

C.7 Pre-performance Meeting Within 15 days of the notice to proceed and prior to the commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer. Both parties shall designate in writing, inspectors, contract, and government field representatives.

C.8 Flagging Code The boundaries of the work areas have been identified on the attached maps and will be flagged and/or marked on the ground.

Other flags may be present within the project area, It is the Contractor’s responsibility to know, understand, and adhere to the intent of flagging performed by Government personnel. The presence or absence of any flagging does not relieve the Contractor from the responsibility to comply with the restrictions set forth in this and other contract documents and by reference.

C.9 Tree Felling and Stumps Trees will be felled away from watercourses. Techniques to be employed include, but not limited to; wedging, pulling and jacking. No trees shall be cut and felled toward any perennial or intermittent watercourses.

Unless agreed to in writing all trees will be felled away from all Forest Service, State, County and private improvements. Improvements are considered but not limited to, any manmade structures, recreation areas, and infrastructure.

All stumps shall be cut so that no vertical surfaces remain. Cut tree stumps shall not exceed 12.0 inches high as measured from the ground on the uphill side of the stump or 6.0 inches above any obstacle.

All stumps within the view zone (50 feet) of roads and trails shall be “Flush” cut.

All Pine stumps greater than 16” shall be treated with Celu-treat (approved by the EPA) a borate compound.

There will be no tree removal in California Spotted Owl (CASPO) nest stands, unless it poses a hazard.

Trees will be felled away from residual and or retention trees which include all green live trees. Procedures to protect retention trees include, but not limited to, wedging, pulling and jacking.

C.10 Piling Standards The location of any and all piles within treatment units will be determined before construction.

Piles will be twice their height away from drip lines and residual trees and vegetation.

Piles will not exceed 6 feet high and 10 feet in diameter.

Landing piles will be free of rock and dirt.

All material that is less than 8.0 inches in Diameter inside Bark (DIB) at the large end, regardless of source, including, but not limited to broken tops and limbs greater than 1.0 inches small end DIB or greater than 3.0 feet long shall be piled.

Unless determined by mutual agreement, slash or cut vegetation associated with the prescribed work shall be piled in the following areas:

Within 50.0 feet of roads or highways

Within 50 feet of system trails All slash caused by work operations shall be removed 25.0 feet within streams or stream beds

C.11 Operations, Skidding and Yarding Skidding may be and will be allowed on paved roads with written notice in advanced.

Ground-based yarding systems used to remove or treat material are restricted to slopes of less than 35 percent with the exception of short runs of 100 ft. or less on slopes up to 50 percent.

Ground-based skidding equipment must have a wench cable capable of reaching material 150 ft. from the machine.

C.12 Decking and Utilization of Material All material that is 8” in diameter and greater than 6’ in length, must be yarded to an approved landing.

Whole tree yarding will apply to this contract.

Trees shall be bucked and limbs shall be removed by saws or approved mechanical devices.

“Log decks” shall not exceed 6.0 feet in height unless otherwise agreed upon in writing.

C.13 Lop and Scatter All material less than 8.0” in diameter and less than 3’ in length, in the project area shall be lopped and scattered to less than18”in height.

C.14 Applicable Best Management Practices The following documents are hereby incorporated by reference into this order. It is the responsibility of the Contractor to know, understand and comply with the following Best Management Practices standards at all times throughout the duration of the contract. An electronic PDF version of these practice standards may be found online at <http://www.fs.fed.us/biology/resources/pubs/watershed/FS_National_Core_BMPs_April2012.pdf>under the title “National Best Management Practices for Water Quality Management on National

Forest System Lands” or a hard copy version may be obtained from the Kern River Ranger District office, in Kernville Ca.

The following Best Management Guides and Standards shall be adhered to and throughout the performance of work under Mechanical Vegetation Management Activities pages 128-139:

Veg-1. Vegetation Management Planning Veg-2. Erosion Prevention and Control Veg-3. Aquatic Management Zones

Veg-4. Ground-Based Skidding and Yarding Operations Veg-6. Landings Veg-7. Winter Logging Veg-8. Mechanical Site Treatment C.15 Forest Disease Prevention (Treatment of Stumps) Within the Siretta project area the Contractor shall apply Cellu-Treat (a borate compound approved by the EPA) to all freshly cut (16” or > ) live and dead Pine stumps, or within 3 days of felling, at the label rate of one gallon solution per 200’ square feet of stump surface. (Recently dead) trees are defined as trees still retaining needles and have died within 1 year of harvest time.

If stumps cannot be treated within the appropriate time, stumps must be re-cut and treated.

The Contractor shall adhere to all County, State and Federal laws and regulations regarding this pesticide. This includes label direction and restrictions for application, handling, storage, transportation, employee safety, etc. The Contractor shall obtain all necessary licenses and permits for use of this pesticide. The Contractor shall submit all required “Use Reports” to all appropriate agencies within required time frames.

The Contractor shall not apply Cellu-Treat within established cut channels or the inner gorge areas of perennial, intermittent or ephemeral watercourses designated on the contract maps or flagged on the ground.

Cellu-Treat shall not be applied within 15.0 feet of known threatened, endangered or sensitive plant species.

Cellu-Treat shall not be applied when it is raining.

The Contractor shall supply, at its own expense, all the Cellu-Treat necessary to complete the work specified in this statement of work.

Cellu-treat shall not be used within 15.0 feet of streams, seeps, springs and riparian areas.

C.16 Noxious Weed Prevention For the purpose of this provision, “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, service vehicles, water trucks, pickup trucks, cars and similar vehicles.

The Contractor shall clean all Off-Road Equipment off of Forest Service land prior to mobilization to the contract area.

If equipment is operated within treatment units known to be infested with noxious weeds, the equipment shall be cleaned, inspected and approved prior to mobilization to another treatment unit.

The Contractor shall advise the Forest Service of its cleaning measures and make the equipment available for inspection. The Forest Service shall have five days, excluding weekends and Federal holidays, to inspect equipment after it has been made available. After satisfactory inspection or after such five day period, the Contractor may move the equipment as planned.

Equipment shall be considered clean when a visual inspection by the Forest Service does not disclose seeds, soil, vegetative matter and other debris that could contain or hold seeds.

The Contractor shall not be required to disassemble Off-Road Equipment unless so directed by the Forest Service after inspection.

C.17 Watercourse, Meadow and Riparian Standards Riparian conservation objectives provide direction for RCAs and prescribe widths of 300 feet either side for perennial streams, 150 feet for seasonally flowing streams and 150 feet for special aquatic features. Within this area, all standards and guidelines for RCAs need to be met. This area is a zone of closely managed activities and not a zone of equipment exclusion like SMZs.

All RCAs include but not limited to meadows, springs, seeps and other perennial or seasonally saturate soils are equipment exclusion zones unless otherwise permitted in writing by the SA / COR.

When felling is required within a RCA directional felling will be implemented with the use of jacks and/or wedges. When required, staged felling will be used to limit skidding and yarding impacts to RCAs and area saturated soils. Riparian dependent vegetation including, but not limited to, willow, cottonwood, alder, sycamore Dogwood, etc., shall not be harmed throughout the course of work.

Temporary crossings may be permitted if agreed upon in writing by the SA / COR. The type and location of temporary crossings shall be agreed upon in writing by the SA / COR prior to installation and use. Only dry watercourse crossings will be permitted. If, at any time, it is necessary for the Contractor to cross an area that is wet or flowing water, temporary crossing measures including, but not limited to culverts, Humboldt crossing, box car bridges, etc., shall be installed to ensure a dry crossing. All temporary crossings shall be removed and the original grade or channel re-established prior to final inspection.

No treatment shall be carried out within the established cut channel or inner gorge of perennial or intermittent watercourses designated on the contract maps and flagged on the ground.

Any slash, bole or branch material, bark or other operational debris that lands in, or within 10.0 feet of, the inner gorge of a perennial or intermittent watercourse as a result of the Contractor’s work shall be removed immediately.

C.18 Historic and Cultural Resource Protection Standards Cultural resource surveys have been conducted within the statement of work treatment units. All identified areas of concern have been recorded and are incorporated into the Special Treatment Areas. The Contractor is solely responsible for avoiding impacts to these, or any other control areas within the project units. During the performance of work under this contract, if previously unidentified archeological or historic sites are encountered, the Contractor shall discontinue work in the general area of the suspected site and contact the COR immediately. Work shall be suspended in that area until proper surveys have been completed by the Forest Service.

C.19 Wildlife Protection Standards

Embedded downed logs or logs that are partially below ground shall be left undisturbed.

All limbs of the retained down logs protruding more than 3.0 feet shall be removed from retained logs.

If bird nests are found (tree nests, cavity nests, and ground nests) between March 1 and August 31 and during project implementation, the SA / Contract Officer’s Representative shall be contacted to evaluate and protection measures in compliance with the Migratory Bird Treaty Act. In all other months, consultation with the Contract Officer’s Representative is required only if bird activity is observed around the nest.

C.20 Protection of Residual Vegetation The Contractor shall be required to fell and remove live vegetation, trees or brush, damaged beyond recovery during operations.

It shall be a priority of the Contractor to protect residual and desirable vegetation on site.

C.21 Protection of Control Areas and Exclusion Zones Control Areas and Exclusion Zones are identified on the contract map and are flagged on the ground as Special Treatment Areas.

C.22 Pollution Control Standards Prior to the start of operations, the Contractor shall prepare and provide in writing to the SA / Contract Officer’s Representative a Spill Prevention and Countermeasures Plan (SPCP) detailing how fuel spills are to be prevented and addressed when total oil and oil products storage exceeds 1320 gallons in containers of 55 gallons or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced. Refueling and maintenance activities associated with equipment and machinery at landings shall be conducted within fuel containment basins capable of holding and containing any potential fuel spills emanating from refueling units, refueling cells or the machinery being refueled.

The Contractor shall immediately notify appropriate agencies, including written notification to the SA / Contracting Officer’s Representative of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor’s employees. The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags, waste oil and any other materials in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup. When all materials have been properly disposed of a receipt from a certified hazardous waste facility will be delivered to the Forest Service.

Refueling of equipment and storage of fuel and other hazardous materials will not occur within RCAs or at permitted landings within RCAs. However, refueling of equipment will occur at specified locations agreed upon in writing between the Contractor and the SA / COR.

C.23 Erosion Control Measures

At the time of final inspection or prior to all National Weather Service predicted storm events with a greater than 50% chance of precipitation, water bars shall be installed to Forest Service standards on all established skid trails and temporary roads using these protocols for interval spacing and slope gradient:

Roads will be sufficiently storm proofed to allow for wet season travel on native surface roads without delivering substantial amounts of sediment to nearby stream channels. Storm proofing of roads will include:

Constructing culverts on all perennial and intermittent stream crossings for roads used in the project area.

Maintaining culverts and road drainage ditches so that they function appropriately and removing obstructions to road drainage.

Prior to the completion of work, track berms greater than 12.0 inches high resulting from the Contractor’s work shall be raked or otherwise worked into a relatively flat and firm surface.

Prior to the completion of work, all skid trails, temporary roads or points of ingress used in the performance of the work shall be closed to vehicle access using various methods that include but are not limited to: imbedded logs, placement of large rocks and vegetative screens.

The Contractor shall abate dust to promote the safe use of all roads and to prevent excessive loss of road material and to minimize damage to adjacent resources. The Contractor shall supply all water or other materials necessary for dust control for such purposes as landings, skid trails, roads or other potential areas of dust development resulting from Contractor traffic.

The use of water sources from National Forest land for dust abatement or other project purposes must be evaluated on a site specific basis and authorized in writing with the SA / COR. If water use is approved, remaining down stream flows will not be substantially altered. No water shall be removed from riparian dependent Threatened/Endangered species habitat or riparian habitat classified as suitable.

C.24 Landings, Skid Trails and Temporary Roads All landings, skid trails and temporary roads shall be approved by the SA / COR prior to installation or use.

If the landings identified on the statement of work maps are determined to be insufficient in size for the volume to be extracted and decked, or if they are otherwise unfavorably located or deficient in quality, the SA / COR shall allow contractor to construct or adjust existing landings in a manner to provide for safe operations.

All temporary roads, landings and skid trails shall be rehabilitated and blocked after project completion. A combination of natural barriers (rocks, logs, etc.), screening, fencing, etc. may be used to prevent or discourage unauthorized vehicle activity during and after the project treatment. Unclassified roads used during implementation will be rehabilitated as soon as they are no longer required for project implementation. As necessary, rehabilitation will include, but is not limited to: returning the ground to natural contours to promote natural hydrologic flow; implementing de-compaction measures such as ripping, disking or subsoiling; installing erosion control measures such as building water bars or rolling dips..

The Contractor shall be responsible for providing water, additional rock, gravel, grading or other materials needed for operability of the landings.

C.25 Use and Protection of the Forest Service Road System The Contractor shall perform or pay for road maintenance work commensurate with the Contractor’s use of roads utilized in conjunction with this contract. Surface blading will be needed to keep native or aggregate road surface in a condition to facilitate traffic and to provide proper drainage. Road maintenance shall be performed before and during Contractor’s use as often as necessary to preserve the existing road surface and to provide proper drainage. The repair of any Contractor-caused damage to the road surface will also be performed. Prior to final inspection or upon release of a unit serviced by a specific road, all drainage structures shall be functioning in, a manner to the pre operations conditions. Maintenance, as used in this contract, does not include road reconstruction or repairs of an extraordinary nature.

A Road Maintenance Plan shall be approved by the SA / Contracting Officer’s Representative prior to commencing operations.

The Road Maintenance Plan shall address, but is not limited to, the following concerns:

Blading and shaping the existing road surface.

Installation of drainage features such as water bars, dips and drainage structure maintenance.

The protection of existing surface material including dust abatement and preventive maintenance plans.

The location and disposal of slide material and roadside slash.

Roadside brush maintenance for sight distances and visibility.

Seasonal or wet weather travel way, use and cleanup including plans for snow plowing.

If work performed by the Contractor has caused damage to roads, or road infrastructure such as culverts, surface etc. the Contractor will be held responsible for repair and or replacement of materials.

C.26 Traffic Control Provisions Use of any roads, routes, skid trails or temporary roads by the Contractor under the terms of this statement of work shall be subject to approval by the SA / Contracting Officer’s Representative. Such approval shall be obtained by the Contractor prior to opening or use. When Contractor operations occur adjacent to or on roads and trails open to public travel, a project specific Traffic Control Plan shall be agreed to in writing by the Contractor and the SA / Contracting Officer’s Representative prior to commencing operations.

Prior to the initiation of work, the Contractor shall consult and acquire all required State and County permits for activities conducted within road easements and right of ways.

The Contractor shall employ vehicular and pedestrian traffic control measures when operations may affect traffic flow.

The Contractor shall supply barriers, guards, signs, flag-persons or security personnel to ensure public safety throughout the duration of operations. The Contractor shall furnish and install, maintain and, upon completion of the work, promptly remove all signs, warning devices and other materials used in the performance of this work. All signs, signals, barricades, use of flag-persons, and other traffic control and public safety devices shall conform to the general requirements set forth in the Manual of Uniform Traffic Control Devices (MUTCD) and the latest edition of Standard Highway Signs and Standard Alphabets for Highway Signs and OSHA Construction Industry Standards (29CFR Part 1926), Subpart G, Signs, Signals, and Barricades.

C.27 Camping Camping on the National Forest is not a right; and shall be subject to mutual agreement with the Forest Service. Camping will not be allowed in public campgrounds. Specific areas may be assigned for purpose of the contract.

C.28 Recreation and Visual Considerations Ground-based equipment shall not operate on existing recreational trails within the treatment area.

Ground-based equipment may cross existing recreational trails at locations approved in writing by the Contracting Officer’s Representative prior to operations.

Slash and debris resulting from Contractor operations shall be removed from legal Forest Service recreational trails no more than 48 hours from the time the operations occur.

The tread of legitimate trails shall be clearly visible upon the completion of operations.

C.29 RESOURCE AND ENVIRONMENTAL 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.

All section corners, bearing trees, meadows, streamside management zone and ephemeral drainages shall not be disturbed in any way.

Location of areas needing special measures for protection of plants or animals shall be designated on the ground. If a Limited Operating Period is needed for such protection, the dates of restricted activity shall be designated by the Contracting Officer. If new species are listed or found during the term of the contract, the Forest Service may either cancel or unilaterally modify this contract to provide additional protection. Discovery of such areas by either party shall be reported promptly to the other party.

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture, shall be identified on the ground by the Forest Service. If an area, object or artifact is discovered or identified by either party during the operation, it shall be reported promptly.

C.30 WORK PERIOD LIMITATIONS

Work shall be performed during the contract period except under the following conditions:

Current or predicted weather conditions indicate a hazardous fire condition justifying curtailment of operation as specified in the Fire Plan section included in this contract.

Adverse weather conditions prevent access to the units. Any limited operating period identified as necessary for the protection of plants or wildlife needing special measures.

C.31 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compassable under these statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of minimum as required by the State Of California per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied the number of seats or passengers, whichever is greater.

C.33 AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

C.34 SCSA.2 SUBCONTRACTS

The Contractor shall request permission in writing from the Contracting Officer to subcontract any portion of the contract and furnish sufficient evidence that the subcontractor is experienced and equipped for such work. Written consent to subcontract any portion of the contract shall not be construed to relieve the Contractor of any responsibility under the contract.

C.35 SCSA.4 CONTRACTOR'S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRE

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 the Contractor's employees, whether set directly or indirectly as a result of construction 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 resulting from fires set or caused by Contractor's employees or resulting from construction operations.

C.36 WORKER SAFETY

1. The Contractor shall train all workers on the job site in the safe operation of all tools and equipment used on the job site.

2. The Contractor shall provide all workers on the job site with information concerning the identification and avoidance of site-specific hazards or hazardous conditions.

3. The Contractor shall provide appropriate personal protective equipment (PPE) for each worker on the job site. Such equipment shall be in a serviceable, sanitary, and reliable condition; equipment that is found to be damaged or defective shall be immediately replaced and shall not be used.

4. The Contractor shall ensure that all workers on the site wear the provided PPE while working on the job site.

5. Consistent with US Department of Labor regulations, PPE shall be provided at no expense to the worker.

6. Appropriate PPE includes, but is not limited to, the following:

a. Chain saw chaps approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

b. Foot protection that provides adequate traction and ankle support. For workers operating chain saws, foot protection that shall be constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

c. Hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997. Hard hats shall be worn where there is potential for head injury from falling or flying objects.

d. Eye protection that meets the minimum requirements of ANSI standard Z87.1-2003. Eye protection shall be worn where there is potential for eye injury due to flying objects or sharp objects encountered at eye level.

e. Hearing protection where there is a potential for hearing loss due to high intensity noise—e.g., chain saw operation.

C.37 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

Camping is not permitted in any U.S. Forest Service public campgrounds. Camping is authorized only by specific permit and is not automatic under this contract. Failure to abide by the terms of any camping permit issued will result in revocation of camping privileges on U.S. Forest Service Lands.

The following provisions apply to all camping on National Forest lands (if authorized) during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing, of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

C.38 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

C.39 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to…