Attachment C.pdf

Attachment C

Good Neighbor Authority Service Contract between the State of Wyoming, Office of State Lands and Investments, Forestry Division and

Contractor

Big Sandy GNA Roadside Fuels 2024 / Contract Number

Current Month and Year

ATTACHMENT C

UNITED STATES FOREST SERVICE REQUIREMENTS

1. Debarment and Suspension Certification:

A. The Contractor shall obtain certifications from its sub-contractors regarding debarment, suspension, ineligibility, and voluntary exclusion, including additional sub-contractors obtained after award of this Contract. Sub-contractors are participants in lower-tier covered transactions.

B. The Contractor may rely upon a certification of a prospective sub-contractor that it is not proposed for debarment under 48 CFR 9.4, debarred, suspended, ineligible, or voluntarily excluded from participating in covered transactions or timber sales, unless the Contractor knows that the certification is erroneous.

C. The Contractor shall keep the certifications of its sub-contractors on file until timber sale expiration date and any extensions thereof, and will provide a copy at the written request of the Agency. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this subsection.

D. The knowledge and information of the Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

E. If the Contractor knowingly enters into a timber sale transaction with a person who is proposed for debarment under 48 CFR 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in covered transactions or timber sales, in addition to other remedies available to the Government, the Agency may pursue available remedies, including suspension or debarment.

F. The sub-contractor for a timber sale shall complete a Sub-Contractor Certification

Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.

2. Criminal Violations and Tax Liability:

By signing this Contract, the Contractor certifies that neither it nor its principals nor agents have been convicted of a felony criminal violation under any Federal law within the twenty-four (24) months preceding the Effective Date of this Contract. Further, the

Contractor certifies that neither it nor its principals nor agents have any unpaid Federal tax liability as of the Effective Date of this Contract.

between the State of Wyoming, Office of State Lands and Investments, Forestry Division and

Contractor

Big Sandy GNA Roadside Fuels 2024 / Contract Number

Current Month and Year

3. Title Passage:

All rights, title, and interest in and to any Included Timber shall remain with the USFS until it has been cut, scaled, removed from the sale area or other authorized cutting area, and paid for, at which time the title shall vest in the Contractor.

4. Protection of Improvements:

A. The Contractor shall notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances likely to be affected by the Contractor’s operations.

B. When the Contractor’s operations are adjacent to properties of railway, telephone, or power companies, or other property, work shall not begin until the Contractor has identified actions necessary to prevent damage.

C. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal or rearrangement operations in order that these operations may progress in a reasonable manner, utility duplication or rearrangement work may be reduced to a minimum, and services shall not be unnecessarily interrupted.

D. In the event of interruption to utility services because of accidental breakage or as a result of lines being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service until the service is restored.

5. Spill Prevention:

E. The Contractor agrees to prevent oil spills. If the Contractor maintains storage facilities for oil or oil products on the sale area, the Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

F. If the total oil or oil products storage exceeds one thousand, three hundred twenty

(1,320) gallons in containers of fifty-five (55) gallons or greater, the Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.

G. The Contractor shall notify the Agency and appropriate agencies of all reportable

(40 CFR 110) spills of oil or oil products on or in the vicinity of sale area that are caused by the Contractor’s employees, agents, contractors, sub-contractors, or their between the State of Wyoming, Office of State Lands and Investments, Forestry Division and

Contractor

Big Sandy GNA Roadside Fuels 2024 / Contract Number

Current Month and Year employees or agents, directly or indirectly, as a result of Contractor’s operations.

The Contractor will take whatever initial action may be safely accomplished to contain all spills.

H. The Contractor shall notify the National Response Center and the Agency of all releases of reportable quantities of hazardous substances on or in the vicinity of sale area that are caused by the Contractor’s employees, agents, contractors, sub-contractors, or their employees or agents, directly or indirectly, as a result of

Contractor’s operations, in accordance with 40 CFR 302.

6. Equipment Cleaning:

I. In order to prevent the spread of noxious weeds into the project area, the Contractor and its sub-contractors shall be required to clean all off-road logging and construction equipment prior to entry onto USFS lands. The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, vegetative matter, and other such debris that could contain or hold seeds, when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

J. Only logging and construction equipment cleaned as specified and inspected by the

Agency will be allowed to operate within the project area. All subsequent move-ins of equipment to the agreement project area shall be treated in the same manner as the initial move in.

K. Off-road equipment includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

L. Unless otherwise agreed, the Contractor shall notify the Agency at least twenty-four (24) hours before equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Agency.

7. Fire:

Fire Suppression and Liability Description imposed by the Agency onto the

Contractor:

A. The Contractor’s Responsibility for Fire Fighting: The Contractor shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs between the State of Wyoming, Office of State Lands and Investments, Forestry Division and

Contractor

Big Sandy GNA Roadside Fuels 2024 / Contract Number

Current Month and Year incurred by the USFS for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the

Contractor or the Contractor’s agents or employees subject to the following fire classifications:

(i) Fire Suppression Costs: The Contractor 's obligations for cost of fire suppression vary according to two (2) classifications of fires as follows:

(a) Operations Fire: An “operations fire” is a fire caused by the

Contractor’s operations other than a negligent fire:

(1) The Contractor agrees to reimburse USFS for such costs for each operations fire, subject to: a maximum dollar amount of five thousand dollars ($5,000).

(2) The cost of the Contractor’s actions, supplies, and equipment on any such fire (or otherwise provided during the immediate response), according to section 5.C.(i) above, shall be credited toward such maximum.

(3) If the Contractor’s actual cost exceeds the Contractor’s obligation stated above, the USFS shall reimburse the

Contractor for the excess.

(ii) Negligent Fire: A “negligent fire” is a fire caused by the negligence or fault of the Contractor 's operations including, but not limited to:

(a) A fire caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods

OR

(b) The Contractor’s failure to comply with requirements under this

Contract results in the start of a fire or permits a fire to spread.

Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(iii) The Contractor’s Responsibility for Notification in Case of Fire: The

Contractor shall immediately notify the nearest county fire warden or either state or federal fire district office of any fires sighted on or in the vicinity of the work site.

between the State of Wyoming, Office of State Lands and Investments, Forestry Division and

Contractor

Big Sandy GNA Roadside Fuels 2024 / Contract Number

Current Month and Year

(iv) State Law: The Contractor shall not be relieved by the terms of this

Contract of any liability for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires.

Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.