Attachment_3_Statement_of_Work.docx
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- Attached to
- Eagle Hand Thin Fuels Reduction Federal contract opportunity
- Solicitation number
- 127EAS24Q0054
- Issued by
- Department of Agriculture Forest Service
About this file
This document is a Statement of Work for a federal contract opportunity titled "Eagle Hand Thin Fuels Reduction". The intent of this contract is to secure services to pre-commercially thin trees, fell snags, and hand pile activity fuels and down logs in conifer stands within the Lake Tahoe Basin Management Unit, using hand-held equipment.
The project area consists of 354 acres and the contract length is 2 operational seasons, with an estimated start date of July 1, 2024 and a completion date of October 31, 2025. The work is divided into two bid items: Item 1 for conifer thinning, and Item 2 for fuel and slash treatment through bucking and piling. Detailed technical requirements are provided for tree selection, felling, bucking, and piling specifications. The contract also includes provisions for inspections, acceptance criteria, and payment terms.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment_5_EagleHT_Unit_57_Exhibit_A1.pdf | ||
| Attachment_6_Eagle_HT_Unit_29_Exhibit_A2.pdf | ||
| Attachment_8_EagleHT_Unit_1020_Exhibit_A4.pdf | ||
| Combined_Synopsis_Solicitation_Eagle_Hand_Thin.docx | DOCX document | |
| Attachment_1_Wage_Determination_1977-0727_Rev72.pdf | ||
| Attachment_2_PAL_Fire_Plan-Eagle.doc | DOC document | |
| Attachment_4_Eagle_HT_Vicinity_Map_ExhibitA.pdf | ||
| Attachment_7_Eagle_HT_Unit_1029_Exhibit_A3.pdf | ||
| Attachment_9_EagleHT_Unit_20_Exhibit_A5.pdf |
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Eagle Hand Thin Statement of Work
STATEMENT OF WORK
C.1 Scope of Contract Description of Work: The intent of this contract is to secure services to pre-commercially thin trees, fell snags, and hand pile activity fuels and down logs in conifer stands. Work activities are to be accomplished utilizing hand-held equipment.
The project area consists of 354 acres with a contract length of 2 operational seasons. It is expected that the contractor shall begin work within ten (10) days of award of this contract if awarded with in the operational season (May 1st thru Oct 15th), or an agreed start date based upon workable conditions within the Lake Tahoe Basin.
C.2 Project Location & Description Location: The project is located within the Lake Tahoe Basin Management Unit, on the West Shore of Lake Tahoe, between Homewood and Blackwood Canyon. The contract project area is west of highway 89/West Lake Blvd.
The southern units are northwest of Homewood Ski Resort. There is access to these units off Highway 89 and Sacramento Ave/Trout St/Cherry St. There is no trail access via Cherry St. Access to units between Cherry St and lower Sacramento Ave is via the California Tahoe Conservancy Urban lot on Sacramento Ave. Trail 16E12.4B can be utilized after walking into the unit via the Conservancy lot. There is limited parking throughout this neighborhood. Parking is specific in this area, with no parking allowed in private spots. Parking is only on public maintained roads or on NFS lands. Consult COR for questions regarding parking in this residential area.
In the northern project area, access is via Grand Ave and Trail 16E15. Parking is available at the end of Grand Ave. Additionally, units can be accessed via Blackwood Canyon on Barker Pass Rd. Consult COR for questions regarding parking in these areas.
See the vicinity map (Exhibit A) and project area maps (Exhibits A-1 thru A-5). This contract does not describe work locations in detail. A government-led site visit will be held (see solicitation document for time/date). All contract units are open and accessible for independent site visit, with specific parking instructions by contacting the COR.
Photocopies of stand cards for each contract unit will be made available upon request but are available for viewing only if requested. Verbal information will be available but will not be considered binding.
Description: The project areas consist of broken topography dominated by slopes ranging from 0 to 70 percent. Due to the nature of the broken topography, it is expected that hand-held equipment will be used in all units. The project area is comprised of 5 units with 2 separate bid items for each unit. Maps are attached as Exhibits A-1 to A-5 showing the location of the unit boundaries.
Exterior boundaries of all units are marked on the ground with blue/pink flagging and painted with orange dots; one facing into the treatment unit and one facing each direction of the boundary. Yellow and black cutting unit cards are placed at each corner and intermittently along the boundary indicating the contract name and unit number.
Refer to project maps for information on unit specific locations and features.
Item 1 – Units: 20, 29, 57, 1020, 1029 Conifer thinning (see C.8-1.1 thru C.8-1.4) is comprised of 354 acres of ground that is all workable with hand-held equipment. Work consists of cutting live conifer trees up to the specified diameter limit with a specific spacing, and the felling of snags up to a specified DBH (see Table 1 – Summary of Thinning Specifications).
Item 2 – Units: 20, 29, 57, 1020, 1029 Fuel – Slash and Piling (see also C.8-2.1 thru C.8-2.3) is comprised of 354 acres of hand piling of contractor-generated slash, and the bucking/piling of existing downed tree boles material up to a specified diameter (see Table 2 – Summary of Fuel - Slash Treatment Specifications).
Exclusions (Non-Work areas): Within the bid-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, wet areas, streamside buffers, and other special areas. The CO will designate non-work areas. When areas are deleted from the contract by mutual-agreement, payment will not be made for non-worked areas that are greater than one (1) acre in size.
C.3 Maps Maps showing the general vicinity and/or specific work areas are included in this contract. Maps are general in nature and are not to be considered as definitively identifying locations. The size, shape, and location of the contract units were mapped utilizing Global Positioning Satellite (GPS) technology and processed using Geographic Information Systems (GIS).
C.4 Estimated Start Date & Contract Time Estimated Start Date: 7/1/2024 Contract Time: Contract to be completed by 10/31/2025.
C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined in the following. Restrictions are as follows:
1. In accordance with the fire plan, included in Section J.
2. When the Contracting Officer (or designated Contract Officers Representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage. Forest roads will not be used for access if such use will result in the road being rutted to a depth of greater than or equal to two inches over more than 25 ft in length.
3. Wildlife Limited Operating Period (LOP): Units 1020 (March 1 through August 15), 1029 (February 15 through September 15)
4. In accordance with the Plan of Operations approved by Contracting Officer.
5. Chainsaw Operations (thinning) are limited to the hours of 8 am to 6 pm Monday thru Sunday, unless otherwise agreed to by the COR.
6. No work on Federal Holidays.
7. Location of areas needing special measures for protection of plants or animals are shown on individual unit maps and identified on the ground with blue and green flagging where possible. If a Limited Operating Period is needed for such protection, the dates of restricted activity are shown on individual unit maps. If protection measures prove inadequate or other such areas are discovered, or 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 regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.
C.6 Licenses and Insurance See the solicitation document for clauses governing insurance and labor related documents that must be submitted.
C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land.
C.8 Technical Requirements C.8-1 Thinning Specifications Conifer Thinning - Fuels Treatment: For Item 1, treatments are designed to improve forest health through thinning of conifer forests and reduction of hazardous fuels by modifying the quantity and arrangement of live and dead forest fuels to reduce fire size, fire intensity and fire severity. The method to accomplish thinning includes hand felling or cutting with chain saws. Tree thinning in this contract is defined by selection of cut trees (C.8-1.1) and selection of leave trees (C.8-1.2).
C.8-1.1 Selection of Cut Trees: For Item 1, cut all excess conifers greater than 20” in height and less than or equal to specifications in Table 1 under “Live Conifers Designation by Description” and “Spacing from Leave Trees”. Cut all dead conifers up to diameter specified in Table 1 under “Dead Conifers Designation by Description”. Dead conifers over 20” DBH will not be cut unless approved by the COR.
C.8-1.2 Selection of Leave Trees: For Item 1, leave trees shall generally be those of tallest height, largest crown, straightest bole, and greatest vigor that are free of damage from insects, disease, physical, and other mechanical causes. Select leave trees using the following hierarchical criteria:
1. Leave all damaged or undamaged conifer trees, which exceed the diameter limit listed in Table 1 – Summary of Thinning Specifications.
2. Leave all hardwood trees.
3. Select leave trees from healthy undamaged conifers less than or equal to the specified diameter limit to achieve desired spacing.
4. If no healthy undamaged tree exists at the required spacing interval, leave the best tree with the least amount of damage.
5. Do not cut Western Juniper
6. Species selections preference for leave trees shall be:
a. Sugar pine
b. Western White pine
c. Jeffrey / Ponderosa pine
d. Incense Cedar
e. Red fir
f. White fir
g. Lodgepole pine
7. Retain taller trees with good form (e.g. straight bole, good vigor (>30% crown ratio, no visual evidence of insect or disease (i.e. Mistletoe, White pine blister rust)) while maintaining existing species composition.
8. Leave the bigger of two trees that are healthy (see criteria above), and of the same species.
9. For trees forked above ground, leave both or take both trees. Do not cut just one stem.
Table 1 – Summary of Thinning Specifications Treatment Unit
| Live Conifers Designation by Description: Cut excess conifers 20” tall to less than or equal to: |
| Spacing from Leave Tree / Target TPA |
| Dead Conifers |
Designation by Description
| 20 |
| 14” |
| 24 foot / 75 TPA |
| Remove all up to 16” |
| 29 |
| 14” |
| 24 foot / 75 TPA |
| Remove all up to 16” |
| 57 |
| 14” |
| 24 foot / 75 TPA |
| Remove all up to 16” |
| 1020 |
| 14” |
| 20 foot / 100 TPA |
| Remove all up to 16” |
| 1029 |
| 14” |
| 20 foot / 100 TPA |
| Remove all up to 16” |
C.8-1.3 Stump Height, Removal of live limbs, and Stump Post Treatment: All conifer trees that meet designation by description greater than 20 inches in height, other than leave trees, shall be cut. White or red fir and all trees under 1 inch stump diameter which are cut will be cut below the lowest live limb unless prevented by a natural obstacle. Stump heights for all cut trees shall not exceed 6 inches above ground level or 4 inches above natural obstacles.
C.8-1.4 Felling: Cut trees shall be felled away from unit boundaries, structures, roads, power lines, established trails, driveways, fence lines, established land corners, archeology sites and stream channels. Any trees falling on such areas shall be removed immediately and damage shall be repaired to pre-damage condition at the expense of the Contractor. Trees shall be felled so as to avoid damage to residual trees. If the Contractor feels falling difficult trees is unsafe, notify the COR.
C.8-2 Fuel - Slash Treatment, and Piling Specifications Piling - Fuels Treatment: For Item 2, fuel and slash treatments are designed to improve forest health through modifying the quantity and arrangement of live and dead forest fuels to reduce fire size, intensity and severity. The method to accomplish this is through bucking and piling using chain saws and manual hand piling of material. Bucking in this contract is defined by cutting to a specific length contrator generated fuels and existing ground fuels (C.8-2.1). Piling in this contract is defined as piling of material (C.8-2.2).
C.8-2.1 Bucking: For Item 2, felled trees, snags, and existing down logs and limbs shall be cut into 5’ lengths for piling. See Table 2 – “Summary of Fuel - Slash Treatment Specifications” for bucking specifications. Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (little to no bark left intact) shall not be bucked. All thinning slash shall be placed on or near the ground surface so that it will not lean against or be suspended by an uncut tree.
C.8-2.2 Piling: For Item 2, hand pile all contractor-generated activity slash and existing down log material that is smaller than the diameter specified in Table 2 – “Summary of Fuel - Slash Treatment Specifications”. Existing logs that have decayed so that 2 or more inches of the log have settled into the soil/duff layer (little to no bark left intact) shall not be piled.
Piling specifications are shown in Table 2 – Fuel - Slash Treatment Specifications. For Units 20, 29, 57, 1020, 1029, piles shall be at least one and one-half (1-1.5) the diameter of the pile from residual trees, or as agreed to by the COR. Pile height and width should be proportionate; for example, a 4-foot high pile should be 4-feet wide. Minimum pile size shall be 4 feet in diameter. Piles should be at least 10 feet apart to reduce chance of fire spread. All piles shall be covered in construction wax paper, to be furnished by the government, with at least half of the pile covered and anchored to the pile with burnable material (such as slash).
Table 2 – Summary of Fuel - Slash Treatment Specifications
| Unit |
| Contractor-Generated Slash; Buck and pile to: |
| Existing Down Logs and Slash; Buck and pile to: |
| Piling Restrictions |
| 20 |
| 12” |
| 12” |
| No piling within 10’of 16E12.4B trail; No piling within 10’ of Ephemeral stream |
| 29 |
| 12” |
| 12” |
| No piling within 10’ of 16E15 trail; No piling within 10’ of Ephemeral stream and 25’ of Intermittent stream |
| 57 |
| 12” |
| 12” |
| No piling within 10’ of 16E15 trail; No piling within 10’ of Ephemeral stream and 25’ of Intermittent stream |
| 1020 |
| 12” |
| 12” |
| No piling within 10’of 16E12.4B trail; No piling within 10’ of Ephemeral stream |
| 1029 |
| 12” |
| 12” |
| No piling within 10’ of 16E15 trail; No piling within 10’ of Ephemeral stream and 25’ of Intermittent stream |
C.8-2.3 Pile Exclusions: For Item 2, piles shall not be located within pile exclusion areas: This includes areas within 50’ of structures/cabins, specified distances from stream channels, identified sensitive areas, and archeological sites. Remove all slash and existing down conifer bole material specified in Table 2 – “Summary of Fuel - Slash Treatment Specifications”, and pile outside the exclusion areas. The exclusions exist is each unit with at least one or more combinations of stream channels, archeological sites, and trails currently used for high recreation volume. Exclusion specifications are as follows:
Pile Exclusion Areas; Stream Channels and Sensitive Areas: In all thinning units, all perennial and intermittent stream channels have a pile exclusion area of 25 feet in width and ephemeral stream channels have a pile exclusion area of 10 feet in width, from the edge of the channel. Exclusions are marked on the ground with red and black striped flagging. The general location of most perennial and intermittent stream channels is shown on each Project Map however some channels may not be shown. Actual ground locations take precedence over map locations.
Pile Exclusions Areas; Trail Exclusion Widths: In areas with specified trails, 16E12.4B Units 20, 1020, and 16E15 Units 29, 57, 1029, there will be no piling within 10 feet of the trail or as agreed to by the COR.
Pile Exclusion Areas; Archeological Site Exclusions: Protected historical sites are marked on the ground with blue and black-striped flagging. There will be no piling within the buffers of the specified sites.
Pile Exclusion Areas; Wildlife trees: Unit 1029 has protected wildlife nest trees are marked with a wildlife tag and/or white and blue striped flagging. Wildlife trees will be protected from damage with a no pile exclusion of 25 feet.
C.8-3 Contractor-Furnished Equipment and Supplies:
The Contractor shall provide everything--including, but not limited to, all technical expertise, equipment, supplies, transportation, labor, incidentals, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.
Use of motorized equipment other than hand held equipment such as power saws will not be permitted off designated roads in the project area without approval of the Contracting Officer or his representative. All power saws or any internal combustion engine will require a Forest Service approved spark arrestor.
C.8-4 Government-Furnished Materials Government shall provide to the contractor wax paper for covering constructed piles.
C.8-5 Public Safety Contractor is responsible for warning the public of dangerous operations occurring at the job site, especially along roads and trails.
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, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor’s operations. This may require the use of flag persons in addition to signing or other methods of warning. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD).
C.8-6 Salvage Rights None.
C.8-7 Road Maintenance:
All gates that are opened to access units need to be closed after passing through. All cut vegetation shall be kept within unit boundaries. Any cut vegetation falling into ditches, road banks, landings, waterways, or adjacent units shall immediately be removed. No payment shall be made for items not meeting this specification.
INSPECTION AND ACCEPTANCE
E.1 Sampling [X]Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:
| [ ] 1/250 acre |
| [ ] 1/100 acre |
| [X] 1/50 acre |
| [ ] 1/10 acre |
| [ ] other (specify) |
E.2 Specific Inspection Procedures
E.2.1: Work will be accepted for payment on the basis of a final inspection and passage of specification C.8-1, C.8-2, and C.8-3. The Government will inspect for compliance of specifications. Plots will be located throughout the sub-items to obtain a representative sample of the area. Sub-items will be inspected separately and not combined for the purpose of determining percent of satisfactory work.
E.2.2: A series of 1/50-acre plots (16.7 foot plot radius) distributed over the entire unit sufficient to yield at least a one-half of one percent sample (0.5%) will be taken. Plot centers will be marked.
E.2.3: On each plot the Contracting Officer Representative will record the plot number, whether the plot is satisfactory or un-satisfactory and the reason if un-satisfactory. Each plot will be examined to record findings on the items in "1" through "5" listed below. To be considered satisfactory these items must meet the following criteria:
1. Number of leave trees that should have been left per specification C.8-1.2 (Maximum of 12 allowed per plot). A maximum of four well-spaced undamaged leave trees over the diameter limits specified in Section C-Table 1 will be counted per plot.
2. Total number of trees that were left. Mountain Hemlock/Sugar pine/western white pine and Juniper, damaged trees and undamaged trees over the diameter limits specified in Section C- Table 1 greater than 4 per plot will not be counted.
3. Number of missing leave trees (#1 minus #2).
4. Number of excess trees (#2 minus #1).
5. Plot result - pass or fail and reason (based on E.2.5 through E.2.3.6).
E.2.3.1: Upon inspection of all plots per sub-item, the quality of thinning spacing shall be calculated as follows:
1.00 - (# of missing leave trees) + (# of excess trees) x 100= % Quality (# of leave trees that should have been left)
E.2.3.2: Each plot will be examined to see if the desired species and spacing for the unit has been met in relation to Section C-Table 1 and C.8-1.2 and C.8-1.3. If it is determined within a plot that a quality tree meeting the desired species and spacing goal for that unit has been cut, in favor of a lower priority species, then the plot will fail.
E.2.3.3: No live Aspen or Western Juniper shall be cut (unless designated by COR) (see Specification in C.8-1.2 and C.8-1.3); if one or more are cut within a plot, the plot will fail.
E.2.3.4: No live limbs may exist on any of the remaining White Fir or Red Fir cut stumps nor any stump under 1 inch diameter and no stump shall exceed the limits set forth in Specification C.8-1.3. Any live limbs on a White Fir or Red Fir stump or any stump under 1 inch diameter or if a stump height requirement is exceeded within a plot, the plot will fail.
E.2.3.5: All contractor generated slash and existing downed material has been bucked and piled according to specification C.8-2. Un-piled contractor generated slash will fail the plot. Piles shall not exceed limits set forth in C-.8-2.2. No piled thinning slash will be allowed within SEZ's (see Specifications C.8-2.3); any thinning slash that is piled within an SEZ will fail the plot.
E.2.4 Inspection calculations.
E.2.4.1: Specification E.2.3.1 will be calculated over the entire sub-item. An 85% or greater must be achieved utilizing the formula to be considered acceptable.
E.2.4.2: Specifications E.2.3.2 through E.2.3.5 will be calculated at each plot and assessed as a pass or fail. At the end of the inspection, these will be calculated into a percentage representing the number of passing plots as compared to the number of plots taken. The plots must show 80% or greater to be considered acceptable.
E.2.4.3: The final calculation to determine the overall acceptance will be computed by taking the average of the percentage in E.2.4.1 and the percentage in E.2.4.2.
E.3 Acceptance Work on this contract will be deemed acceptable when the quality of work is 85 percent or above as is calculated in E.2.4. If overall percentage is greater than or equal to 80%, payment will be made with no rework.
E.4 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 reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection 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 reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.
If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.
Reinspection 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. Reinspection 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 reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.
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.
[X] 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.
Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities, when the units are acres or any linear measurement in feet. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.
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.
Payment will be made in full if inspection results are 85 percent or higher. If inspection results are below 85 percent, a deduction will be made equal to 2 percent for every 1 percent below 85. For example, if inspection results are 83 percent, the bid price would be reduced by 4 percent. No payment will be made if results are less than 80 percent.
Emergencies See Attachment 2 PAL Fire Plan-Eagle
Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following describes the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan:
Silviculture Projects - 70 meters around the perimeter of the unit being worked in Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, work may be suspended with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in both the English language and the primary language of the crews.
Archaeological and Historic Sites Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 432,433) National Historic Preservation Act of 1966 (16 U.S.C. 470) and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e) shall be identified on the ground by the Forest Service with blue and black stripped flagging.
Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.
Contractor shall protect Controlled Areas flagged on the ground in blue and black flagging, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal, or damage during Contractor's operations. Contractor shall immediately notify Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until Forest Service authorizes Contractor to proceed. If such damage is negligently or willfully caused by Contractor's operations, Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.
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 clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.
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