Attachment C.pdf

Attachment C

ATTACHMENT C

REVISED 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 project 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 service contract 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.

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.

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. The contractor shall not disturb property survey markers, monuments, or boundary signs.

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.

E. Protection Measures needed by Plants, Animals, Cultural Resources and Cave measures: Following sale advertisement, additional areas needing special measures for protection may be revised or newly prescribed; Additional species of plants or animals may be added to the federal list of protected species. In such event, Agency Representative, may delay or interrupt Contractor’s operations, under this Contract, or modify this Contract.

F. In the event that previously unidentified cultural resources or human remains are discovered during project activities work will immediately cease, and the Forest

Service Representative shall be contacted. Following Wyoming State and Federal laws and regulations, additional stipulations or mitigation measures may be determined by the Forest Service Representative in consultation with the Forest

Service Archaeologist.

G. The Contractor shall not reconstruct or maintain routes, plow snow, erect closure devices, or otherwise restrict use of routes by other authorized traffic without prior written approval from the Forest Service.

H. The Contractor shall be liable for all injury, loss, or damage, including but not limited to the following: The value of resources damaged or destroyed, the cost of restoration, cleanup, or other mitigation, and fire suppression or other types of abatement cost, associated with the use and occupancy authorized by this Contract.

I. The Contractor shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgements arising from past, present, and future acts or omissions of the holder in connection with the use of roads. The

Agency Representative may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition or as an alternative to monetary indemnification.

J. The Contractor shall close and lock gates when entering and exiting any road or road system in a motor vehicle that is gated and not classified as open to public motor vehicle use on the Motor Vehicle Use Map for the Medicine Bow National

Forest.

5. Spill Prevention:

A. The Contractor agrees to prevent oil spills. Staging areas and fueling locations will be located at least 100 feet from streams (with definable beds and banks) and wetlands. If the Contractor maintains storage facilities for oil or oil products on 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.

B. 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.

C. 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 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.

D. 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:

A. 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.

B. 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.

C. 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.

D. 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.