Attachment 02 FY22_INF_Reds_Road_Tree_Removal_Specifications.docx

FY22 INF Reds Road Tree Removal Reds Meadow, Mammoth Lakes, CA Inyo National Forest – R5 – USDA FS

127EAS22Q0020

Specifications FY22 INF Reds Road Tree Removal

SECTION C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work The intent of this contract is to secure services to perform tree felling, limbing and bucking, skidding, hauling, and decking of approximately 660 marked trees (estimated 740.1 CCF) from locations along the Reds Meadow Road (3S11) to a predetermined location (17 miles furthest haul distance along paved roads open to Public) near the Mammoth Scenic Loop (3S23) on the Inyo National Forest, according to contract specifications.

Contractor Responsibility:

The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

Traffic Control:

The Contractor is responsible for traffic control and worksite safety. The Reds Meadow Road (3S11) will be closed to public vehicle traffic. There is a gate that will be closed and locked during the project to limit public vehicle traffic near the felling operation. However, the road must be maintained to provide safe passage for Administrative Access and other activities deemed as essential functions (District Ranger discretion). Additionally, even though the road will be closed to public vehicle traffic the area is expected to experience a significant number of visitors into the work area, including on the roads and nearby trail system. It must be expected that pedestrians will be walking along the road, on the nearby trails, and generally within the project area. The Contractor is responsible for posting ‘road/trail guards’ to ensure Public safety for the entirety of operations under this Contract.

C.2 Project Location & Description Location:

The tree removal unit is located on both sides of the Reds Meadow Road (3S11), located west of the Town of Mammoth Lakes, CA and within the Mammoth Ranger District, Inyo National Forest. All the trees marked for removal are alongside the main paved road (3S11). All the logs will be hauled (up to 17 miles) and decked at a predetermined location (see Maps) near the junction of Mammoth Scenic Loop Road (FS Road 03S23) and Dry Creek Road (03S22) along FS Roads 03S22D,03S22F, 03S22G, 03S23L, and 03S23M (and otherwise directed by the COR).

See vicinity and project area maps (Section J).

Description:

This tree removal project is a precursor to the larger Reds Meadow Road Reconstruction Project. As part of the road reconstruction, portions of the road are being widened and necessitate the removal of trees to facilitate grubbing and grading of soils for the new road. All the trees that need to be removed are marked with blue Timber Marking Paint, and are visible from the road. The cutting unit boundary will not be flagged but can be referenced with one of the maps provided (more detailed maps can be provided upon written/email request), or otherwise described and identified by the Contracting Officer (CO) or Contracting Officer’s Representative (COR).

If there are any discrepancies about which trees need to be removed or where certain work and/or work-related activities are allowed, the COR must be contacted as soon as possible. High-definition georeferenced maps, onsite clarification, and/or remarking of trees is appropriate and can be provided by the COR. No more work will take place until the discrepancies are resolved.

The project maps are intended to show the general location of the trees and decking location. If there is a discrepancy between the maps and markings, the markings on the trees and the onsite COR direction shall govern.

Exclusions (Non-Work Areas):

Control Areas (CAs):

No work will be allowed within Controlled Areas unless authorized by USDA Forest Service in writing prior to the start of work. It is the Contractor’s responsibility to review No Work Areas with the COR before work starts in the project area.

· All work must be performed within the project APE (Area of Potential Effects), see Maps in Section J. Everything outside this APE will be considered a Control Area.

· No mechanical equipment is permitted within 25 feet of any waterbody (wet or dry).

· Additional Non-Work Areas may be delineated on the ground by highly visible flagging (generally orange and white candy-cane and/or pink) on the boundaries of the exclusion.

Riparian Conservation Areas (RCAs): Only low ground pressure equipment (<10psi) is permitted within RCAs, or as agreed upon by the Contractor and the COR, in consultation with Forest Hydrologists and/or other Specialists as the situation warrants. Mitigations may include, but is not limited to, the use of ground protection mats, logs, or slash to distribute equipment weight when access is necessary.

Accessibility:

Access routes are shown on the project area maps. The project areas can and will be accessed from established highways and Forest System roads. Work vehicles and equipment will be parked on Forest Service land unless prior arrangements have been made by the Contracting Officer or COR. In most cases, project areas will be accessible by 2WD vehicles, however during certain times of the year tire chains may be required due to snow or ice on the road surface. The Contractor will be responsible for obtaining all permits necessary for the transportation of equipment on Federal, State, County, and private roads.

The bidder is strongly encouraged to inspect the project work area. There is quite a variation in the amount of needed work. Some areas are quite heavy with work while some require very little work. The Government has provided estimates of treatment area. It will be assumed that the bidder has satisfied her/himself as to the nature of the work to be performed and the character of all conditions to be encountered. The attached maps are intended to show only the general size and location of the project units.

Access for all Equipment from the road surface to the trees, and/or within the unit, will necessitate avoidance of Waterbodies (no equipment within 25 feet of any waterbody).

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Maps Any Maps included in Section J are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start:

October 1st, 2022 Time: 45 days C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, included in Section J.

2. When the Contracting Officer (or COR) determines that adverse weather has made access too dangerous, or that continued work would cause unacceptable resource damage.

3. Limited Operating Period (LOP) – February 15th thru September 5th, 2022

· It is not expected that work will be impacted by this LOP

C.6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here.

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker’s Compensation Insurance or a valid reason that exempts the Contractor from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

If the contractor fails to provide the documentation within 10 calendar days after contract time begins, the contract may be terminated for cause in accordance with FAR 52.212-4.

MSPA Card (Form WH510): This contract [X] does [ ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

C.7 Technical Requirements C.7-1 Definitions Conifer – Typically an evergreen tree, which usually has a single well-defined trunk and/or attains a height greater than 20 feet (i.e. pine, spruce, and fir species) Control Area (Cultural and/or Threatened and Endangered (T&E) Sites) - Areas delineated by orange and white candy cane flagging for the purpose of protecting resources of concern. Locations where special protection is required to preserve and protect cultural values and species of plants or animals listed on the T&E list.

Crown Ratio – The portion of the total vertical tree height that is occupied by the vertical length of the tree crown.

Compact Track Loader (CTL) – A low ground pressure type of mechanical equipment that exerts a ground pressure of less than 10 psi. A CTL is required to perform work in the Waterbody Buffer Zone (WBZ) and the Riparian Conservation Area (RCA).

Damaged/Diseased Tree – Any tree with one or more of the following:

1. Broken or dead top, regardless of cause.

2. Vertical orientation of bole is lost.

3. Visible disruption of roots.

4. Dead or dying limbs/foliage within the upper three-fourths of the live crown DBH (Diameter at Breast Height) – Diameter of trees measured at breast height (4.5 feet above ground, upslope side of tree).

Diameter - Other vegetation (not trees) is measured 1 foot above ground Dominant/Co-dominant Tree – Trees generally of good vigor due to being the larger trees in the stand and their crowns receiving full sunlight from above and on much of the sides.

Excess Tree(s) – A tree or group of trees that is left, but should have been cut to meet spacing or trees-per-acre requirements.

Existing Down Woody Material – All logs, stems, limbs and tops of trees and brush, which are dead and lying on the ground prior to Contractor beginning operations.

Hardwood - A broad-leaved tree, which usually has a single well-defined trunk and/or attains a height greater than 20 feet. (i.e. aspen and oak species). Sprouting hardwood species may be in the form of multi-stemmed clumps.

Jackpot - Concentration of slash or natural fuels, heavier than the surrounding areas.

Ladder Fuels - Fuels that provide vertical continuity between the ground and the tree crowns thus are creating a pathway for surface fire to move into the overstory tree crowns.

Leave Tree – A Dominant or Co-dominant tree, which is free from Damage/Disease, or a tree less than the desired DBH specified, and is left uncut (or should have been left uncut) by the Contractor to meet desired spacing or trees per acre requirements. Any live tree greater than 24 inches dbh are automatically considered to be Leave Trees.

Leave Tree Clump – A group of 3 to 12 Dominant and Co-dominant trees in close proximity to one another, which is left (or should have been left) by the contractor to increase stand diversity.

Mobilization - The act of delivering all ordered personnel and equipment to the project area. The price for mobilization shall be included in the proposed unit prices.

Percent Cover – Portion of the project area beneath the drip line of vegetation to be cut or left untreated. Percent cover and treatment will be specified in C.8-2 Specifications.

PSI (Pounds per Square Inch) – A unit of measurement of pressure in pounds of force exerted per square inch of area.

Reserved Trees or Reserved Areas - Individual species of trees or certain areas within a treatment unit that the contract or COR designates are reserved from treatment.

Shrub (or brush) - Vegetation consisting of woody perennial plant smaller than a tree, usually having permanent single or multiple stems originating at or near the ground level not normally reaching 20 feet in height (i.e. bitter brush, manzanita, ceanothus, mountain mahogany, rhododendron, serviceberry, sagebrush, etc.).

Slash – Any cut vegetation and/or existing naturally (dead and down) woody debris. This includes stems, limbs, down logs, and brush that existed from previous activities or was generated by the contractor during current activities. Diameter to be piled, chipped, or removed will be specified. Limbs less than 1 inch in diameter and 2 feet in length are not defined as slash and may be left scattered on the forest floor.

Snag – A dead or living tree that has 10 percent or less live crown.

Superior Vigor Trees – Trees which exhibit healthy, dark green needle color. Needle length is longer and reaches further back on branches. Needle length on inferior vigor trees is shorter and often tufted nearer branch tips. Recent height growth is also greater on Superior Vigor Trees. May not always be the largest/tallest tree.

Supervisor (foreman) - A working (English speaking) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress. If crew is non-English speaking, the supervisor must be bilingual in English and the language of the crew members.

Suppressed/Intermediate Tree – Trees generally of poor vigor due to being overtopped or crowded by larger trees. The crowns of these trees usually receive little or no direct sunlight.

Undesirable Vegetation – Conifer trees less than 24.0 inches dbh with one or more of the following attributes:

1. Damaged/Diseased Trees.

2. Trees with Suppressed and/or Intermediate crown position classification.

3. Excess trees not selected as Leave Trees.

Water Body Buffer Zone (WBZ or WBBZ) - A 25 to 300-foot distance extending upslope on each side of a water body, including stream channels regardless of the presence of water.

Wildlife Clumps – An area usually between 1/100 acre and 1/4 acre in size, where no trees have been cut or no trees should have been cut. Wildlife clumps are ideally somewhat denser than the surrounding forest area, and are usually dominated by smaller trees, with fuller crowns. These clumps of trees tend to break up horizontal visibility through the stand and offer various wildlife species a greater degree of cover and nesting possibilities.

C.7-2 Specifications C.7-2.1 – Tree Felling, Limbing, and Bucking – Line Item #1 Treatments under this item are expected to be completed first, before beginning work as specified in Line Item #2 (if awarded).

Work can be accomplished by a combination of hand operated tools (such as chainsaws) and/or mechanical equipment such as rubber-tired and/or tracked (metal or rubber) logging equipment for felling, limbing, and bucking. and skidding, log trucks for hauling on roadways open to the public (including State Hwy 203), and equipment needed for decking of logs at a predetermined location.

C.7-2.1.1 – Felling – Cut all trees (approximately 660 trees) regardless of species that are marked with blue Timber Marking Paint.

C.7-2.1.2 – Stump Height – All single stem trees will have a stump height of 8-inches or less when measured from the uphill side. Multi-stem trees that will not facilitate an 8-inch stump when using a harvester or feller-buncher for cutting shall have a stump height of 18-inches or less (or as agreed upon between Contractor and CO/COR).

C.7-2.1.3 – Limbing and Bucking – All felled trees will be limbed and bucked where they are felled. Limbing and bucking shall be done to all stems meeting utilization specifications. Trees will be bucked to lengths no greater than 42 feet before skidding/yarding.

C.7-2.1.4 – Utilization Specifications – Logs measuring 4 inches or greater in diameter inside bark on the small end of the log and have a length 8 feet or greater.

C.7-2.1.5 – Slash and material not meeting Utilization Specifications – Contractor shall scatter all slash and material not meeting the utilization specifications where the trees are felled.

C.7-2.2 – Skidding, Hauling, and Decking of Logs– Line Item #2 If awarded, treatments under this item are expected to be completed second, after work is completely satisfactorily completed as specified in Line Item #1.

Work can be accomplished by a combination of hand operated tools (such as chainsaws) and/or mechanical equipment such as rubber-tired and/or tracked (metal or rubber) logging equipment for skidding/yarding, log trucks for hauling on roadways open to the public (including State Hwy 203), and equipment needed for decking of logs at the Decking Location (located off the 3S23/3S22).

C.7-2.2.1 – Skidding and/or Yarding – Contractor will use conventional logging practices to skid and/or yard all cut material meeting utilization specifications.

C.7-2.2.2 – Utilization Specifications – Logs measuring 4 inches or greater in diameter inside bark on the small end of the log and have a length 8 feet or greater shall be sorted and transferred to a Temporary Landing.

C.7-2.2.3 – Slash and material not meeting Utilization Specifications – Contractor shall scatter all slash and material not meeting the utilization specifications where the trees are felled.

C.7-2.2.4 – Temporary Landings – All work, including the staging of logs on temporary landings, must be completed within the Project APE. Locations must be approved by the COR before they are utilized.

C.7-2.2.5 – Hauling – To promote safe operations on National Forest roads and roads open to the public, loads shall be safely secured before trucks move from the landing or loading location and proceed along public roads to the decking location. Hauling will be conducted along the designated Haul Route. This route is the shortest distance from the Reds Meadow Road to the decking location. It follows the Reds Meadow Road (3S11) until it intersects and follows State Hwy 203, then intersects and follows the Mammoth Scenic Loop (3S23), until it intersects the decking location at FS Roads 3S23 and 3S22, see Map in Section J.

C.7-2.2.6 – Decking Location – Logs should be decked along the designated roads (3S22, 3S22D, 3S22F, 3S22G, 3S23L, and 3S23M), in existing gaps between existing trees, and in a uniform and safe fashion no higher than 5 feet in height. Contractor may not remove of green trees at the decking location, unless agreed upon between the Contractor and the COR, but it is not anticipated. The roads running throw the decking location shall not be blocked by logs to allow for safe and easy passage of vehicles.

C.7-2.2.7 – Site Restoration – Operations will be designed to minimize the need for site restoration. Site restoration shall include all reasonable and practicable efforts to repair and restore the project area following the completion of operations. As needed, the following may need to be performed: back-blading, water-barring, scattering slash to cover exposed soil, etc.

Any designated improvement (roads, trails, parking areas, etc.) which have been disturbed by the Contractor’s operations will be returned to as near original condition as practicable.

C.7-3 Contractor-Furnished Equipment Unless otherwise specified herein, the Contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described herein.

C.7-4 Government-Furnished Equipment See Section G.

No materials, supplies, or equipment will be supplied by the government as part of this contract.

SECTION E. INSPECTIONS AND ACCEPTANCE

E.1 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection. The Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

If the re-inspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the re-inspection.

Re-inspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

E.2 Specific Inspection Procedures E.2-1 Sampling The Contracting Officer or their Representative will make visual inspections while work is in progress for compliance with terms of the contract.

E.2-2 Method The Contracting Officer or their Representative will make visual inspections while work is in progress for compliance with terms of the contract.

E.2-3 Determination of Acceptability Work on this contract will be deemed acceptable when the Government’s visual inspections show acceptable performance and sample plot data indicate a work quality of 95% or higher.

F. DELIVERIES OR PERFORMANCE

F.1 Work Timing

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub-items.

[X] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

[X] In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

F.2 Winter Shutdown It is not expected that there will be a Winter Shutdown.

However, since this is an essential undertaking, local cooperators are committed to working with the CO, COR, and the Contractor to perform snow removal (plowing the road) as necessary, within reason, to meet the Contract Timeframe. Since plowing the snow may not abate all issues (ice or a thin layer of hard snowpack may still be present) the Contractor will be required to provide chains and/or other traction devices for their equipment so that the work can safely continue.

If the continuation of work is impractical after reasonable efforts to move forward with the work (as proposed by the Contractor in writing and confirmed by the COR), the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. [X] No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

G.2 Measurement Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[ ] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

[ X ] Estimated CCF and # Trees utilizing industry standard Cruise Methods.

Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G.3 Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 95 percent or higher. No payment will be made if inspection results are less than 95 percent.

Contract Release. Before final payment will be made the Contractor shall sign a 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.

A Contract Release FS-6300-0016 must be uploaded with request/invoice for final payment in IPP, before final payment will be approved/completed.

A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.3-1 Invoice Processing Platform (IPP) All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

1. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due.

1. Total amount due for the billing period.

A Progress Report shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. Description of the previous month’s project activities and the planned activities for the next month.

1. For each deliverable: identify the items supplied during the month and the cumulative items delivered.

1. Reconcile progress of each deliverable with the schedule identified for each.

1. Identify issues and/or concerns that may affect the project or schedule.

1. Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.4 CONTRACTING OFFICER’S REPRESENTATIVE

Name: JEFFREY KARL The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 Emergencies Fire Plan. See attached Fire Plan in Section J.

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:

[ ] (a) Trail Maintenance - 50 meters on either side of the centerline [X] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked in [ ] (c) Special for this project:

H.2 Superintendence by Contractor 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/her 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 may 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 Archaeological and Historic Sites Location of known archaeological, historic, or prehistoric materials – such as Native American sites or artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (16 USC 433)--will be identified for the contractor before work commences.

H.4 Spill Plan 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 cleanup 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.5 Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

H.6 Final cleanup Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

H.7 Public officials not personally liable There shall be no personal liability upon the Contracting Officer or officer in charge, their agents, or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

H.8 Designation of Contracting Officer’s Representative The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

H.9 Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

1. The name, address, and telephone number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

4. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

H.10 Certification of Compliance Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

H.11 Camping Camping is not permitted in US Forest Service campgrounds or in the Reds Meadow Valley unless camping is proposed during the non-peak season and there is sufficient availability. All camping in campgrounds or in the Reds Meadow Valley must be negotiated with and approved by the COR. The Contractor [X] will [ ] will not be permitted to ‘disperse camp’ elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. Any non-compliance will result in suspension of work until compliance is achieved.