W9128F-09-P-0088.pdf

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

964145

(No Collect Calls)

$7 MIL

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

SEE ITEM 9

W9128F-09-T-0043 28-Apr-2009

b. TELEPHONE NUMBER

402-995-2089

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 12 May 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

11-Jun-2009

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

BJD RESOURCING, LLC

JAY PORTALATIN

436 N 9TH ST STE A

COLTON CA 92324-2911

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

3VBP6

TEL. 805-907-9818

W9128F

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

W9128F-09-P-0088 11-Jun-2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRANDY R EAVES

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

REF:

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

561730

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W59XQG91067945

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

LEE M MCCORMICK / CONTRACTING OFFICER

TEL: (402)995-2084 EMAIL: lee.m.mccormick@us.army.mil

See Schedule $84,722.20

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.OFFER DATED 11-May -2009 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W9128F-09-P-0088

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $84,722.20 $84,722.20

TREE AND SHRUB REMOVAL, TIMBER THINNING

FFP

RECOVERY - The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish tree/shrub removal, timber thinning and removal of diseased trees in accordance with all State and Federal laws in the identified areas.

FOB: Destination

MILSTRIP: W59XQG91067945

PURCHASE REQUEST NUMBER: W59XQG91067945

NET AMT $84,722.20

ACRN AA

CIN: W59XQG910679450001

$84,722.20

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31230000 082417 25207271H4004060 NA 96252

AMOUNT: $84,722.20

CIN W59XQG910679450001: $84,722.20

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30-NOV-2009 1 BIG BEND PROJ OFC NTRL RSC SEC

CENWO-OD-BB-N HC69 BOX 74

CHAMBERLAIN SD 57325

FOB: Destination

G6R0AN0

GENERAL INSTRUCTIONS

CONTRACTOR IS REQUIRED TO INCLUDE THE CONTRACT NUMBER W9128F-

09-P-0088 ON ALL INVOICES SO THAT RECEIPT AND PAYMENT FOR

PRODUCTS/SERVICES MAY BE EXPEDITIOUSLY PROCESSED.

MAIL ORIGINAL INVOICE TO: US ARMY CORPS OF ENGINEERS, BIG BEND

PROJECT OFFICE; ATTN: MIKE KEY (CENWO-OD-BB); 33573 NORTH SHORE

ROAD; CHAMBERLAIN, SD 57325.

FOR ADDITIONAL TECHNICAL INFORMATION PLEASE CONTACT MIKE KEY AT

(605)245-2331 EXT 3008. BRANDY EAVES MAY BE CONTACTED WITH ANY

CONTRACTUAL CONCERNS AT (402) 995-2089.

STATE AND LOCAL SALES TAX (JAN 1982)

THE US ARMY CORPS OF ENGINEERS IS EXEMPT FROM PAYING STATE AND

LOCAL TAXES PER TITLE 4, UNITED STATES CODE 104-107.

THE GOVERNMENT SHALL HAVE THE RIGHT TO CANCEL THIS ORDER BY THE

AUTHORITY OF FAR CLAUSE 52.212-4(L), TERMINATION FOR CONVENIENCE OF

THE GOVERNMENT, UPON A WRITTEN NOTIFICATION FORWARDED TO THE

CONTRACTOR.

SCOPE OF WORK

SECTION C-1

1.1 SCOPE OF WORK.

1.1.1 The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish tree/shrub removal, timber thinning and removal of diseased trees in accordance will all State and Federal laws in the identified areas. Tree/shrub removal will consist of the removal of all trees and shrubs (regardless of size) from the specified area. Timber thinning and removal of diseased trees will be controlled so that leave trees (trees that are not removed), other vegetation, water resources and recreation facilities are not damaged by either the cutting or removing of timber. The Contractor shall so control all their operations during the performance of the work so as to insure that the completed work meets all of the requirements of the specifications.

All contracted tasks must be completed during the scheduled application period unless otherwise specified herein or authorized in advance by the Contracting Officer, or his/her authorized representative.

1.1.2 The contractor shall abide by all Corps of Engineers regulations as listed in the Code of Federal Regulations, Title 36. Off-road travel is restricted to the actual work areas. The contractor must have prior authorization from the COR before violating any regulation. An off-road vehicle permit (provided by the project office) must be carried by the operator during execution of the contract.

1.2 Meeting with the Contracting Officer's Representative (COR).

1.2.1 The Contractor shall be required to meet with the COR prior to commencement of work to discuss and mutually agree on the performance requirements and administration of the contract. The Contractor shall be required to contact the COR to ascertain the place, time and date of this meeting. The minutes of this meeting will be transcribed by the Government and a copy provided to the Contractor. The contractor shall submit at the meeting a work plan to include personnel requirements, equipment to be used, schedule of dates cutting will occur and safety procedures to be followed under the work of this contract. Once approved, the plan shall not be changed without the approval of the COR. NOTE: Some of the areas to be treated are locked and the schedule will be used to have someone available to unlock gates to allow the contractor into these areas.

1.2.2 The Contractor or their representative shall contact the COR on a weekly basis during the contract period to review the past week's work and the planned work for the upcoming week. Failure of the Contractor or their representative to meet this requirement without approval of the COR may constitute grounds for termination of this contract. The contact person if other than the Contractor, shall be mutually agreed upon by the contractor and the COR during the pre-contract meeting.

1.2.3 The COR may appoint Task Monitors as authorized by the Contracting Officer.

1.3 PERSONNEL.

1.3.1 The services required by this contract shall be performed in accordance with contract clauses. The Contractor shall designate in writing, a responsible foreman/supervisor of each work crew who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew. The employee(s) designated in accordance with the above requirements shall be qualified and fully competent with full authority to act for, and on behalf of, the Contractor as necessary to insure that the work as described herein is performed in accordance with contract clauses. The Contractor shall furnish the above written designation to the COR at the pre-work meeting. The designation shall include the name(s), address(es), and telephone number(s) of the individual(s) and the hours the person can be reached, that he/she intends to assign to this work. The COR reserves the right to disapprove any individual whom he/she considers to be incompetent to perform the work required. Such disapproval will be given to the Contractor by written notice. A minimum of one supervisor shall be on duty in the contract work area during all scheduled working hours.

1.3.2 The Contracting Officer or the COR may require the Contractor to immediately remove from the work site any employee of the Contractor who is documented to endanger persons or property, or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform his/her work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be telephonic and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.3.3 Additional Work – Additional acres of trees to be thinned and the removal of diseased trees as required in Map 5. If required, the Contractor will be directed in writing by the COR to commence the additional work within 5 days. Payment will be made at the unit price stated for on the bid sheet.

1.3.4 The contractor shall abide by all applicable federal, state, and local laws pertaining to the cutting, transportation, size of slash piles and disposal of slash. The contractor shall hold general liability insurance suitable for the type of work being performed. Proof of insurance will be required before any contract work may begin.

1.4 QUALITY CONTROL AND INSPECTION.

1.4.1 The Contractor shall establish and maintain a complete Quality Control Program to ensure the requirements of the contract are provided as specified. One copy of the Contractor's Basic Quality Control Program shall be provided to the COR at the pre-work meeting. An updated copy must be provided to the COR as changes occur.

1.4.2 The Quality Control Program will include:

1.4.2.1 An inspection system covering all the services listed on the Performance Requirements Summary. It will specify the areas to be inspected on a scheduled basis, how often inspections will be accomplished (date/time), and the name of the individual(s) that will perform the inspections.

1.4.2.2 The methods for identifying and preventing defects in the quality of services performed before the level of performance becomes unacceptable.

1.4.2.3 On-site records of all inspections conducted by the Contractor and the necessary corrective action taken.

This document will be made available to the COR at any time during the term of the contract and a copy of all inspections and corrective actions turned into the COR at the completion of each contract period.

1.4.3 The COR will inspect the work as the contract progresses. Any deficiencies noted by the COR shall be corrected at no additional cost to the government. The contractor shall not be paid for any work performed that is deemed unsatisfactory by the COR. The contractor shall be responsible to perform only that work specified within the contract, and shall receive no compensation for any work performed that is not specified within the contract. No government personnel will be allowed to assist the contractor in actual work or supervision of the contractor's personnel.

1.5 DEFICIENCY NOTICES.

1.5.1 The Government will monitor the Contractor's performance and shall, upon knowledge of deficient work, immediately notify the Contractor by telephone; following with a written deficiency notice indicating the nature and the date of the deficiency. The COR shall indicate in the deficiency notice the new dollar amount which the Contractor should deduct from the next billing. If the COR cannot reach the Contractor by telephone after two (2) attempts, a written notice of deficiency shall be considered the only notification necessary for the Contractor of the deficiency.

1.5.2 Performance evaluation meetings with the Contractor will be scheduled as determined by the COR.

1.6 CONDITIONS OF WORK.

1.6.1 NOTE: Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor to assure that he/she has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of the primary equipment. The Contractor shall notify the COR within 8 hours of any such equipment failure and provide the alternate plan for timber thinning and removal of diseased trees during the repair period.

1.6.2 The contractor agrees to comply with all federal, state and local fire laws and agrees to suppress any fire that occurs in the cut area. Contractor shall take any necessary action to prevent or suppress any forest fires. The contractor shall bear any cost of suppressing wildfires caused by or permitted to spread due to negligence or fault of the contractor.

1.6.3 Contractor shall use USDA approved spark arresters on exhausts of all internal combustion engines used in contractor’s operations.

1.6.4 Stumps of cut timber will not exceed twelve inches in height on the uphill side.

1.6.5 The contractor will confine all vehicle traffic not directly associated with the timber thinning and removal of diseased trees to established roads, trails and parking lots. The contractor shall keep all roads, trails and parking lots free of logs, brush and debris resulting from the tree removal operation. Any damage done by the contractor's equipment or during his/her operation of cutting and removal will be corrected by the contractor to the satisfaction of the COR at no expense to the Government.

1.7 HOURS OF OPERATION.

1.7.1 Hours of operation are Monday through Friday during the hours of 7:00 a.m. thru 6:00 p.m. Mountain Time.

The Contractor may not work outside these hours or on weekends/holidays unless prior approval is given by the

COR.

1.8 ENVIRONMENTAL PROTECTION.

1.8.1 Scope. This paragraph prescribes actions required for the prevention of environmental pollution during and as a result of operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, land, and water; and involves noise, solid waste management, management of radiant energy and radioactive materials, as well as other pollutants.

1.8.2 Protection of Land and Water Resources. The work areas on which the work is to be performed under this contract and the land resources adjacent thereto should be preserved in their present condition.

1.8.3 Protection of Water Resources.

1.8.3.1 Contamination of Water. Lakes, ditches, rivers, canals, waterways, or reservoirs shall not be polluted with fuels, oil, bituminous, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife; or materials which may be detrimental to outdoor recreation.

1.8.3.2 Disposal of Materials. The methods and locations of the disposal of materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., within the right-of-way limits shall be such that harmful debris will not enter lakes, ditches, rivers, canals, waterways, or reservoirs by erosion.

1.8.4 Notification of Petroleum Spills, Chemical Spills, Damage, Vandalism or Injury. The contractor shall notify the COR immediately of any petroleum spillage, chemical spillage, damage or vandalism to or on government property, and injury to any person resulting from the contractor's operations. The contractor shall advise the COR of damage to government facilities due to vandalism or other causes on the day such damage is noted. In the event of a spill, the three C’s: Control, Contain, Clean up shall be adhered to. The contractor shall adhere to the following procedures to the best of his/her ability and within his/her level of safety:

A. Control the Spill Situation (stop or prevent any further chemical spillage).

B. Contain the Spill (if possible).

C. Clean Up (follow correct procedures for size of spill).

1.10 INVOICES. The contractor shall submit an invoice at the end of the performance period that covers the work performed. Any work not satisfactorily performed in accordance with the terms and conditions of the contract shall result in a reduction in the payment. Mathematical errors on the monthly invoice made by the contractor will result in the invoice being returned to the contractor for correction and re-submittal of the invoice to the COR. Exhibit A is the only acceptable format that will be used for submission of invoices. The contractor will be responsible for duplicating this exhibit at his/her own expense. Invoices will be sent to:

Corps of Engineers Attn: Lake Manager 33573 N. Shore Road Chamberlain, SD 57325

1.11 SAFETY.

1.11.1 The contractor shall be responsible for the safety of their employees, and for any injury or damage done by said personnel, and shall protect the government from any claims. The Contractor will hold a safety meeting with all his/her employees, prior to commencement of work and each week of work, concerning safety on the job, a list of employees present and subjects discussed during the meeting. These minutes will be recorded and turned into the COR on a monthly basis.

The Contractor will notify the COR of the time and location of each meeting. When the Contractor hires a new employee, the Contractor will provide the COR with a written statement that the new employee was briefed on all safety procedures. Any Contractor employee who does not following safety requirements will be removed by the Contractor. Exhibit C is the only acceptable format that will be used for submission of the safety meeting minutes. The Contractor will be responsible for duplicating these forms at his/her own expense.

1.11.2 All Contractor personnel shall be fully clothed at all times while performing these services. "Fully clothed" shall be deemed to mean that a standard work shirt with sleeves, long pants/trousers, steel-toed boots or steel-toed shoes and a hard hat (when necessary) shall be worn at all times. Clothing shall be clean and neat in appearance.

Operators of equipment shall be 18 years of age, except those 16 years old and older may operate equipment when permitted by the Child Labor Law of the Fair Labor Standard Act administered by the U.S. Department of Labor.

1.11.3 Individuals who are required to work alone in remote areas shall be trained in basic first-aid. If there are two or more employees working in an area then a minimum of one (1) employee who is certified to administer basic first-aid and cardiopulmonary resuscitation (CPR) shall be on duty in the work area during all working hours. A Red Cross approved first-aid kit is also required at the work site.

1.11.4 The contractor will be required to comply with the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 when performing work on this contract.

1.12 Bids. It is the prospective contractor's responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract. In no event will a failure to inspect the sites constitute grounds for withdrawal of a bid after opening, or a claim after award of the contract. Site visits should be coordinated with the Contracting Officer Representative (COR).

SECTION C-2

CONTRACTOR FURNISHED ITEMS AND SERVICES

2.1 GENERAL. The Contractor will furnish all equipment, labor, materials and tools necessary to properly perform the work defined in this contract.

2.1.1 All equipment shall be of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

2.1.2 The COR will be given a list of all equipment and materials used by the Contractor on this contract.

2.1.3 The Contractor must supply the COR with Material Data Safety Sheets (MSDS) for any products used on this contract.

2.1.4 The Contractor will be required to present all equipment to the COR for inspection upon bringing it on to Government Property and before it is used to perform work on this contract.

2.1.5 No contract shall be made by the contractor with any other party for furnishing any of the work or services herein contracted. This provision does not apply to contracts of employment between the contractor and their personnel.

SECTION C-3

GOVERNMENT FURNISHED ITEMS

3.1 GENERAL.

3.1.1 The Government will provide without cost the materials and/or services listed below.

3.1.1.1 A copy of the U.S. Army Corps of Engineers Safety and Health Requirements Manual.

SECTION C-4

SPECIFIC TASKS

4.1 GENERAL. The Contractor will provide complete tree and shrub removal in designated area shown in Map 1.

Cut and remove timber and diseased trees in designated areas shown in Map 2, Map 3, Map 4 and Map 5. All areas are on Federal Property managed by the U.S. Army Corps of Engineers.

4.1.1 Total Tree and Shrub Removal. The area shown on Map 1 will have all trees and shrubs cut off at ground level or level with surrounding rocks and removed to a debris pile. These trees and shrubs are located in the emergency spillway of the Cottonwood Springs dam and are located in rip-rap, on steep slopes and level ground.

Once removed, the trees and bushes will be placed in a debris pile as shown on Map 1. Care must be taken to not damage any dam instruments that are located in the work area. This work will be completed by July 31, 2009.

4.1.2 Timber Thinning and Removal of Diseased Trees. The areas shown on Map 2, Map 3, Map 4 and Map 5 (if additional requested by the Government) will have all timber cut and removed in accordance with the following requirements by November 30, 2009.

4.1.2.1 INCLUDED TIMBER - Contractor agrees to cut and remove all timber and slash as described and designated below and as shown on the attached maps. All timber cut under this contract becomes the property of the contractor and the timber/slash is to be removed from Government Property or placed in designated slash piles.

4.1.2.1.1 OVER STORY REMOVAL. Cut and remove over mature ponderosa pine over story trees with a fully regenerated stand under them. The over story removal should remove every tree that is 16 inches in diameter at breast height (DBH) and over, and all over mature over story trees under 16 inches in diameter, these trees are characterized as having flat tops, yellow bark, and coarse limbs. Trees that are not over mature will be thinned to the specifications in item “COMMERCIAL THINNING”.

4.1.2.2.2 COMMERCIAL THINNING. Trees that meet the minimum specifications in this contract and are young to mature aged trees with diameters of 8 inches at breast height to 15.9 inches at breast height will be thinned from below using the specifications in item “LEAVE TREE SELECTION”. One live, straight, healthy, dominant or co dominant tree will be left, as residual, every 25 feet on the average and retain an average of 60 square feet of basal area per acre. In areas where tree diameters are less than 8 inches a spacing of 16 feet on the average (14.5 feet to

17.5 feet) will be left as residual. Trees that are cut may be utilized by the contractor or piled into slash piles in the areas designated by the COR.

SECTION C-4

4.1.2.2.3 HARDWOOD INCLUSIONS. Isolated pockets of aspen, birch, oak or aspen/birch may be found on the property. It is desirable to maintain and/or enhance these sites by reducing the competition from pine. All merchantable ponderosa pine within these inclusions are to be removed.

4.1.2.2.4 LEAVE TREE SELECTION. These general guidelines must be followed to retain a healthy residual stand of ponderosa pine.

• Leave trees should be free from visible disease and damage such as: dead tops, broken tops, broom rust cankers, fungus conks, cankers, frost cracks, sweep, pitch tubes, insect damage, lightning strikes, wildlife and mechanical damage. The selection of good quality leave seed trees and the removal of poor genetic stock as a seed source are very important.

• All leave trees should have healthy foliage, good crown form and no flat tops. The crown should cover at least the upper 1/3 of the stem.

• Stems of leave trees should be straight, with no forks.

• Leave trees should be dominants or co dominant with a height equal to at least the average of surrounding trees.

• Leave trees should exhibit self-pruning of branches. Trees with persistent, excessively large limbs should not be selected as leave trees.

• Under no circumstances will Mountain Pine Beetle infested trees be left as residual.

4.1.2.2 “SLASH” DISPOSAL - Disposal of slash is the responsibility of the contractor. Whole tree skidding is permitted to approved debris. Slash from the timber cutting operations shall be piled by the contractor. All other logging slash, within the cut area, is to be disposed of by placing in the approved debris areas or by other mechanical means. All slash created by spur road or skid trail construction shall be treated as above. Debris is to progress along with the timber cutting operation.

Skidding trails will be re-seeded with the species located in that area at the end of the operation.

4.2.1 Permits and Responsibilities. The contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits, insurance, and for complying with federal, tribal, state, and local laws, codes, ordinances, statutes, and regulations applicable with the completion this contract. The contractor shall be responsible for all damages to person and property, including government property that occurs as a result of contractor fault or negligence.

CLAUSES INCORPORATED BY REFERENCE

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

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://farsite.hill.af.mil/ http://www.recovery.gov

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

http://farsite.hill.af.mil/ http://www.recovery.gov/

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR

2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act).

This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6). Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.