Ridge__IRSC_Solicitation.docx

Ridge IRSC Page 53 of 68

Integrated Resource Service Contract (IRSC)—Construction –

UNDER DPAS (15 CFR 350)

8. ADDRESS OFFER TO (If other than Item 7)

Central California Acquisition Service Area Tahoe National Forest 631 Coyote Street Nevada City, CA 95959

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

handcarried, in the depository located in

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

OFFER (Type or Print)

DUNS:

15B. TELEPHONE NO.

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

10 U.S.C. 2304 (c) )

Albuquerque Service Center – Miscellaneous Payments 101B Sun Ave NE Albuquerque, NM 87109

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Previous edition is unusable

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

SCHEDULE OF ITEMS

B.1 SCHEDULE OF SERVICE ITEMS:

SERVICES AND PRICES

Contractor Name

BASE WORK ACTIVITIES

QUANTITY

Mandatory Stewardship Work Items

P.U. 2: 154 P.U. 3: 130 P.U. 4: 103 P.U. 5: 167 Total: 752

P.U. 2: 154 P.U. 3: 130 P.U. 4: 103 P.U. 5: 167 Total: 752

P.U. 2: 154 P.U. 3: 130 P.U. 4: 103 P.U. 5: 167 Total: 752

* Forest Service will determine whether Items No. 1a, 1b or 1c is be applied to each individual payment unit.

* Forest Service will determine whether Items No. 2a or 2b is be applied to Payment Unit 6

Optional Stewardship Work Items

* Forest Service will determine whether Item No. 4a or 4b is be applied Payment Unit 7

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER 1/

CS

Non-Sawlog

21,335

CCF

$0.50/CCF

1/ Note: Contractor will be required to pay for Non-Sawlog Products within each Payment Unit in cash (or with stewardship credits) prior to the release of the Payment Unit whether the product is to be hauled to a processing facility or left on disposal sites within the Project Area.

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B-1, Base and Option Work Activities and B-2, Timber or other products Removal Price Schedule.

Payment and Performance bonds will be required for Road Construction portion only, Item 3.

SCHEDULE OF ITEMS

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

PROJECT RIDGE FIRE SALVAGE ITEM #1 01S09

DISTRICT GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

1D Clearing & Grubbing, Disposal of Tops and Limbs-SCATTER, Logs- DECK, and Stumps-SCATTER. 201(06)

LSQ

LS

1.

1i Reconditioning of Roadbed, Grading & Watering, Compaction Method B 303(23)

CQ

MILE

0.58

NOTES:

Ridge IRSC

IIIIRSC

SStewardship Stewardship Solicitation No.

Page of

6/11/2015

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

DISTRICT GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

2C Brushing for Sight Clearance - Disposal Method-Piling at Designated Locations or Chipping 201(04)

LSQ

2G Reconditioning of Roadbed, Grading & Watering, Compaction Method B 303(23)

CQ

Mile

0.09

2H 18-Inch Corrugated Metal Pipe, 0.064-Inch thk FE, Method B 602(11)

AQ

Each

10.

NOTES:

RIDGE STEWARDSHIP

SCHEDULE OF ITEMS

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

GROVELAND

ITEM NO. DESCRIPTION MEASUR!E UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

3C Clearing & Grubbing, Disposal of Tops and Limbs-CHIP, Logs- DECK, and Stumps-SCATTER. 201(05)

LSQ

3I Reconditioning of Roadbed, Roller Compaction - Method B 303(22)

CQ

5.84

3J 24-Inch Corrugated Metal Pipe, 0.064-Inch thk FE, Method B. 602(11)C

AQ

LF

30.

NOTES:

RIDGE STEWARDSHIP

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

4C Clearing & Grubbing, Disposal of Tops and Limbs-CHIP, Logs- DECK, and Stumps-SCATTER. 201(05)

LSQ

4D Removal of Earth Berm, place suitable material in Travelway, Outslope and Compaction Method B 203(02)

CQ

366.

4H Reconditioning of Roadbed, Grading & Watering, Compaction Method B 303(23)

CQ

1.42

NOTES:

RIDGE IRSC

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

PROJECT

ITEM #5 DISTRICT

RIDGE FIRE SALVAGE STEWARDSHIP

01 S64

GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

5C Clearing & Grubbing, Disposal of Tops and Limbs-CHIP, Logs- DECK, and Stumps-SCATTER. 201(05)

LSQ

5F Reconditioning of Roadbed, Grading & Watering, Compaction Method B 303(23)

CQ

0.21

NOTES:

Ridge IRSC

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

PROJECT RIDGE FIRE SALVAGE ITEM #6 01S69

DISTRICT GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

6C Brushing for Sight Clearance - Disposal Method-Piling at Designated Locations or Chipping 201(04)

LSQ

6G Reconditioning of Roadbed, Grading & Watering ,Compaction Method B 303(23)

CQ

0.37

NOTES:

STANISLAUS NATIONAL FOREST

PROJECT RIDGE FIRE SALVAGE STEWARDSHIP

ROAD NAME

LENGTH (MILES)

ITEM #7 DISTRICT

01S70 0.23

METHOD OF S.R.C

S.R.C

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

7A Mobilization - Applies to Project 151(01)

LSQ

LS

1.

7B Construction Survey & Staking 152(01)

CQ

Each 9.

7C Removal of Earth Berm, place suitable material in Travelway, Outslope and Compaction Method B 203(02)

CQ

23.

7D Furrow Ditches, Type Lead Off Ditch 204(13)A

CQ

LF

10.

7E Drainage Excavation, Type 3' Ditch 204(19)A

CQ

LF

354.

7F Drainage Excavation, Type Rolling Dip 204(20)K

CQ

Each 1.

7G Embankment ROAD WIDENING Construction Compaction Method C Finish Method C 204(53)

CQ

7H Reconditioning of Roadbed, Grading & Watering, Compaction Method B 303(23)

CQ

0.08

7I 24-Inch Corrugated Metal Pipe, 0.064-Inch thk FE, Method B. 602(11)C

AQ

30.

TOTAL

NOTES:

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTALPRICE TOTAL PRICE

8C Brushing for Sight Clearance - Disposal Method-Piling at Designated Locations or Chipping 201(04)

LSQ

NOTES:

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

9C

9F 9F

TOTAL

NOTES:

SCHEDULE OF ITEMS

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

METHOD OF

LSQ

CQ

2.03

10G 24-Inch Corrugated Metal Pipe, 0.064-Inch thk FE, Method B. 602(11)C

AQ

40.

NOTES:

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

PROJECT RIDGE FIRE SALVAGE STEWARDSHIP ITEM#11 1S79A

DISTRICT GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE

LSQ

CQ

0.12

NOTES:

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

NOTES:

SCHEDULE OF ITEMS

STANISLAUS NATIONAL FOREST

GROVELAND

ITEM NO. DESCRIPTION MEASURE UNIT QUANTITY UNIT PRICE TOTAL PRICE TOTAL PRICE

LSQ

CQ

0.17

NOTES:

SCHEDULE OF ITEMS

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

2S35Y

0.30

METHOD OF

1.

9.

14C Clearing & Grubbing, Disposal of Tops and Limbs-SCATTER, Logs- DECK, and Stumps-SCATTER. 201(06)

LSQ

5.

14G Reconditioning of Roadbed, Grading & Watering, Compaction Method B 303(23)

CQ

0.3

NOTES:

SCHEDULE OF ITEMS

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

0.87

METHOD OF

1.

24.

CQ

10.

4.

26.

CQ

0.87

NOTES:

SCHEDULE OF ITEMS

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

2S87

0.87

METHOD OF

1.

47.

5.

CQ

685.

20.

CQ

0.87

5.

NOTES:

RIDGE STEWARDSHIP

STEWARDSHIP CONTRACT

STANISLAUS NATIONAL FOREST

19EV135

0.56

METHOD OF

S.R.C

LSQ

LSQ

CQ

230.

CQ

0.56

NOTES:

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed. Option activities are listed in order of planned priority. Award may be made for option items in any order that the Contracting Officer determines is in the best interest of the Government.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 PROJECT DESCRIPTION

(a) Description of Work – The Ridge Fire Salvage Stewardship Project is located on the Groveland Ranger District of the Stanislaus National Forest encompassing the area indicated on the Contract Area Map in Tuolumne and Mariposa Counties. The Contract Area is situated south of the Middle Fork Tuolumne River, west of Yosemite National Park, east of Buck Meadows, and north of Pilot Ridge (T.1S., R.18E., Sec 26-27, 30, & 32-35; T.1S., R.19E., Sec 28-34; T.2S., R.19E., Sec 4-6; MDBM). The Contract Area is accessible to Highway 120. The Included Timber is fire salvage as a result of the Rim Fire that burned in September of 2013.

(b) Restoration objectives for the project area are summarized as follows:

· Improve Forest Health – Provide growing space for reforestation and reduce fuel loadings

· Safety – Abate Hazard Trees and maintain forest system roads

· Utilize Timber or other products – Provide wood resource to forest product industry.

· Improve Road Management (Optional) – Provide road reconstruction to meet project area transportation plan and resource needs.

C.3 SPECIFICATIONS

Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber harvesting and removal can be found in Appendix B. Road Maintenance specifications can be found in Appendix C. Road Construction plans and specifications can be found in Appendix D. The Contractor shall provide all equipment, supplies, transportation, labor, supervision, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. The resultant contract will be a Construction Contract contract for Items 3 and a Service Contract for Items 1, 2 and 4 with provisions for timber removal

C.4 CONTRACT AREA MAP

The boundaries of Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Payment Units and their approximate acreage are stated in Division AT. Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

E.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://www.acquisition.gov/far

E.2 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.3 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

E.4 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

F.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 address:

http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F. 2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 30th, 2017 or as specified on each Task Order. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber or other products Removal activities shall be scheduled and carried out in accordance with the Timber or other products Removal Specifications in Appendix B and as approved by the Contracting Officer.

It is estimated that work will begin Aug 1, 2015. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Any restrictions on the Scheduling of Work for resource protection, etc. will be addressed in the Technical Specifications.

F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through June 30, 2017 after date of contract award.

F.4 CONTRACT OPERATION SCHEDULE

Unless otherwise agreed in writing, Contractor's Operations shall be performed in accordance with the following schedule:

Units: 3, 215, 216, 600, 711

-Four weeks of felling from 3/01 to 6/30.

-Six weeks of felling from 7/01 to 9/30.

-Eight weeks of felling from 10/01 to 12/31 Control of slash breeding insect

F.5 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15 “Schedules for Construction Contracts” and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

F.6 SCHEDULES AND REPORTS

Contractor shall provide the following submittals within 10 days after issuance of a Notice to Proceed or Task Order for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

All schedules and reports shall be submitted to: COR, John Martin.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, (Section I).

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.3 PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the total value of product that has not been paid for from stewardship units released for cutting.

Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

G.4 REIMBURSEMENT FOR BOND PREMIUMS

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.5 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.6 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2.

G.7 CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received.

CONTRACTOR CERTIFICATION - EARNED STEWARDSHIP CREDITS

RIDGE FIRE SALVAGE STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.8 EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.9 EXCESS TIMBER OR OTHER PRODUCTS VALUE

In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.10 REFUND OF EXCESS CASH

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

G.11 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at the Supervisor’s Office in Sonora, CA, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

H.3 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager Road Construction Supervisor(s) – supervising work in the timber removal specifications as well as other road work, maintenance and obliteration.

Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 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.4 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the 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.5 SAFETY

Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an equitable adjustment.

H.6 REQUIREMENTS OF RIGHTS-OF-WAY

Contractor’s road construction and use on rights-of-way shall be confined to said rights-of-way and limited by the related easements and stipulations, if any, unless Contractor makes other arrangements that will not infringe upon or adversely affect the grantee’s rights. Said easements or right-of-way documents are available in the offices of the Forest Supervisor and District Ranger.

H.7 USE OF ROADS BY CONTRACTOR

Contractor is authorized to maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber or other products on National Forest and other lands where Forest Service has such authority. The location and clearing widths of all Temporary Roads or facilities shall be agreed to before construction is started. Contractor is authorized to cut and use for construction without charge construction timber or other products designated by agreement.

Except as provided herein, Contractor is authorized to use existing National Forest roads and Specified Roads, when such use will not cause damage to the roads or National Forest resources and when hauling can be done safely. If Contractor’s use of an existing temporary or National Forest system road cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the minimum reconstruction work that Contractor shall perform before hauling.

The Contract Area Map shows existing temporary or permanent roads that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads:

(a) Cannot be used for log hauling or

(b) May be used only under the restrictive limitations stated therein.

Contractor's use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Code Use Limitations

Roads coded A will be signed by the Forest Service to inform the public of use restrictions. Contractor's use of roads coded R, A, or W shall be in accordance with the following restrictions:

1) Restricted Road List Road

N/A

2) Restricted Bridge List Bridge

All Bridges

State Legal Load Limitation

Load limit not suitable for log trucks or chip vans

H.8 ROAD MAINTENANCE

Contractor shall maintain roads, commensurate with Contractor’s use, in accordance with Road Maintenance Requirements and the Road Maintenance Specifications. Performance of road maintenance work by Contractor may be required prior to, during, or after each period of use. The timing of work accomplishment shall be based on Contractor’s Progress Schedule.

Road Maintenance also includes the abatement of hazard trees along the haul route within the Contract Area. All Dead and Unstable trees (4“ dbh and larger) which are leaning towards a road, and are sufficiently tall to reach contractor’s landing or the roadbed of National Forest System haul roads within the Contract Area shall be felled by contractor when marked in the specified paint color above and below stump height (or designated by description under Contract Provision KT-CT.3.5.3# - Designation by Damage Class) in advance of felling any other timber in the vicinity.

See Appendix C for Road Maintenance, Dust Abatements and Deposits

H.9 TRAFFIC CONTROL PLAN

Unless otherwise agreed in writing, when Contractor’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, 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 Contractor’s Operations. Contractor and Forest Service shall agree to a specific Traffic Control plan for each individual project prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except at otherwise agreed, flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUCD) and as shown on Plans, Contract Area Map, Traffic Control Plan or in specifications attached hereto.

H.10 USE BY OTHERS

Forest Service shall have the right to use any road constructed by Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Contractor hereunder when such use will not materially interfere with Contractor’s Operations. Such third party use shall be contingent upon the third party paying a fair share of maintenance cost commensurate with such commercial use. Unless otherwise provided, Forest Service shall authorize other uses of roads constructed by Contractor hereunder only if:

Where Contractor reconstructs a road having established use, the use during reconstruction and thereafter by Contractor shall be such as to reasonably accommodate such established use. Contractor shall have the right to use such reconstructed road without material additional interference from other users.

H.11 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H.12 LOCAL MATERIAL SOURCES

(a) Designated…