00007255_Exh B to Sample Contract_USFS Permit.pdf

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Submit

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FS-2800-9 (v 10/2014) OMB No. 0596-0081 (Expiration 10131 12017\

Public. reporting burden for this collection of informalion is estimated to average 2 hours 30 minutes per response, including the tlme for reviewing instructions, searching existing data sources,-gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments iegarding this buiden estimale or any.other aspect of lhis cotlection_of information, including suggestions for reducing this

-burden', to the Department of

Agriculture, Clearance Officer, OIRM, AG Box 7630, Washington, D.C. 20250; and-to the officeof Managbment and Budget, Paperwork Reduction Project (OMB No. 0Sg6-00Si), Washington, D.C. 20b09.

THls AGREEMENT, made this May 25,2023, under authorlty of the Acts of July 31, 1947 (61.Stat. 681), as amonded (-30 ! 9._q 601 et seq.), March 4, 1917 (16 U.S.C. 520), and June 11. '1960 (74 Stat. 20s), and the regulations set forlh in 36 cFR 228, Subpart C, between the UNITED STAfEs oF AMEilcA (hbreinafter called ihe "Governmenl"), acting through the Authorized Officer of the Forest Service (hereinafler callei tne 'Authorized Officer"), and OREGON, STATE OF (ODOT) (hereinafter called the "purchaser.")

WTNESSETH, That the parties hereto mulually agree as follows:

Sec. 1' Contract area. Th-e. Government hereby sells to Purchaser and Purchaser hereby buys from Government, under the terms and conditions of this contracl, all of the mineral malerials described ln Sec. I below, for severance, extraclion, or removal, on tho following described lands situated in lhe DESCHUTES NATIONAL FOREST , County of KLAMATH, State of OREGON as shown on the operaling plan marked "Exhibit 8", attached hereto, DES-2OO4(BLACK ROCK CINDER PIT) and made a part hereof, viz: ,containing acres, moro or less.

Sec.. fr A,U"gunl.en4 nriceo-4m,atgripls. The total purchase price will be determined by multiplying lhe total quantity of each kind of tnineral material deslgnated by the respective unit price as set forth below, or a's ttringeO throrigh reappraisal hereunder.

USDA Forest Service

CONTRACT FOR THE SALE OF

MINERAL MATERIALS

For Forest Service Use Only

Forest Service Unit Name 060102

FSM Contract Number RE-23"001 NOTE: This informalion and effect a binding agreement. This information will also be used obtain a benelit.

applicants. Response to this request is required to

KIND OF MATERIALS QUANTITY

(Units Specified)

PRICE PER UNIT TOTAL PRICE

CINDERS CINDERIRED DES} 6OOOO CUBIC YARDS 1.00

Grand Total: $ $ 60000.00

Total $ 60000.00

The following associated charges and adjuslments are obligations under this conlract.

Assoclated Charges

CHARGE TYPE QUANTITY

(Unlts Specified)

COST PER UOM TOTAL PRICE

Adjustments

ADJUSTMENT TYPE AUTHORITY AMOUNT

FREE-USE 36 CFR 228.62 $ -60000.00

Determination by the Authorized Officer of the quantity of materials taken is binding on purchas€r subJect to appeal only as provided in Sec. 14, All materials in lhe contract area in excess of the estiriated quanlity listed above hie reserved by Government.

Sec' 3. Pgvmg,nts. pa$.sage of.tiJle..qnd. rish of [gss.. Title to materials sotd hereunder passes to Purchaser immediately lrttps://iweb.fs.usda.gov/utils/processPermit jsp?refFile=/rniwebfilcs/infi.adocs/tenrp/bwills... 5/25/2023

EXHIBIT B - USFS PERMIT

untitled Page 2 of 3 before excavation and upon proper payment for such malerials. No part of the material sold hereunder may be severed, exlracted, or removed by Purchaser until payment for such materials has been made in accordance with the following:

a. Unless materials sold this contract are paid for in full in advance, payment for materials must be made in installments of not less than conlract.

excess. Upon satisfactory performance of this contract, securities were furnished in lieu of a security bond, such

The first installment must be paid upon approval of this

b. Each additional installment is due and payable as billed by the Aulhorized Oflicer in advance of removal of the remaining material. The first installment will be retained as addilional security for the full and faithful performance of this contract by Purchaser, and will be applied in whole or in part to the payment of the last Installment required hereun<ler io make lhe total payment equal the total price sei forth in Sec. 2, above.

The total purchase price must equal the surn of the total quantities severed, exlracted, or designatecl therefor, multiplied by their respective unit prices. The balance due where less than a full installment remains to be paid upon the total price will be lhe value of material remaining to be severed or extracted. Each installment will be held in $uspense unlil the quantity of material covered thereby has been determined. The total purchase price must be paid at least 60 days before the expiralion date oflhe contract.

Upon termination, if the total payments made under the contract exceed the total value of lhe actual materials removed, the excess will be returned to Purchaser, except as noted in 36 CFR 228.66.

c. Risk of loss shall be borne by the party holding title to the mineral malerial at the time of loss except that nothing herein shall be construed to relieve either party from liability for breach of conlract or any wrongful or negligent act.

Sec. 4. Stinulation and reserved items. The rights of Purchaser are subject to the regulations in 36 CFR 228, Subpart C, which are made a part ol this contract, and to the stipulation, if any, which are attached hereto and made a part hereof as Exhibit A.

Sec. 5. Bonds.

(a) Purchaser must lile with the Authorized Officer and must maintain at all times the bond required under lhe regulations to be furnished as a condition to the award of this contract in lhe amounls established by the Authorized Oflicer and to furnish additional bonds or security as the Authorized Oflicer may require.

lf all terms of this contract are not faithfully and fully performed by Purchaser, the bond in the sum of $ at the time of the signing of this conlract will be forfeited to the amount of damages determined by lhe lf damages exceed the amount of the bond, Purchaser hereby acknowledges liability for such the bonds will be canceled, or if cash or United States cash or securitles will be returned to Purchaser

(c) \Mrenever any bond furnished under thls contract is found unsatisfactory by the Authorized Officer, ihe Authorized Officer may require a new bond whlch ls satlsfactory.

Sec. 6. Expiration ol contract and extensions of time. This contract will expire an 121318423 unless an extension of time is granted in accordance with lhe provisions of 36 CFR 228.53(b). Written application for an extension of time may be made by Purchaser between 30 and 90 days before the expiration date ol the contract.

Sec. 7. Duties of Purchaser. Purchaser must lake fire precaution and conservation measures and must dispose of slash and other debris resulting from operations hereunder in accordance with written instructions from lhe Authorized 0flicer.

Sec. B. Notice of operations. Purchaser must notiff the Authorized Oflicer immediately of the commencement and termination of operations hereunder. A report of produclion will be lurnished at least annually by Purchaser to the Authorized Officer.

Sec. 9. Resoonsibilitv for damages. Purchaser is liable in damages for the loss or destruction of all Government property for whlch Purchaser is directly or indirectly responsible under this contract, or resulting from Purchaser's failure to perform under this contract ln accordance with the instruction of the Authorized Oflicer, as well as for cosls incurred by Government resulting from Purchaser's breach of any of the terms hereof, or Purchaser's failure to engage ln proper conservation practice. For damages resulting from willful aclion or gross negligence of Purchaser, Purchaser's contraclors or subcontractors, or any of thelr employees, Purchaser is liable for triple lhe appraised value https://iweb.fs.usda.gov/utils/processPermitjsp?r'efFile:Aniwebfiles/infi'adocs/templbwills... 5/2512023 untitled Page 3 of3 of damaged or deslroyed materials as determined by the Authorized Oflicer. lf the Authorized Officer determines lhat the damage or destruction did nol result from Purchaser's willful aclion or gross negligence, lesser damages may be charged, buy not less than the actual appraised value of the materials. Pulchaser must pay the Government foisuch damages within 30 days after a written demand therefor by the Authorized oflicer.

Sec, 10. Violations. suspension. and cancellation.

(a) lf Purchaser violates any provision of this contract, lhe Authorized Oflicer may, after giving wrilten notice, suspend any furlher operalions for the Purchaser under this contract, except such opeiations as miy be necessary to remedy any violations. The Authorized Oflicer may grant Purchaser an additional 30 days, after service of written nolice, to correct any violations. lf Purchaser fails to remedy all violalions, ihe Authorized Oflicer may, by written notice, cancel this contract and take appropriate action to recover all damages suffered by the Government by reason of such violations, including application toward payrnent of such damages of any advance payments and bonds.

(b) lf Purchaser extracts or removes any mineral materials sold under this conlract during any period of suspension, or if Purchaser extracts any of suclr material afler expiration of the time for exlracti-on or ihe cancellation of this contract, such exlraction or removal is in trespass and rendeis Purchaser liable for tripte damages.

Sec. 11. Time for removal of personal oropertv. Purchaser has the right within afler expiration of the time for extraction and removal of mineral materials, if not in default, to remove equipment, improvements, or other personal property fronr Government lands bridges which have become a permanent or rights-of-way. Any improvements such as road surfacing, culverls, and improvements, or olher personal property re herein becomes the part of a Government road malning on Government may not be removed. Any equi lands and rights-of-way at the e pment, nd of the period

Sec. 12. Assiqnments. This contract or any portion of it may not be assigned without written approval of the Authorized Officer.

Sec. !3. Tengrg. Unless otherwise provided by this contract, Purchaser has lhe right to extract and remove the materials untll the termination of the contract, notwithstanding any subsequent apfropriation or disposition under the general land laws, including the mining and mineral leasing laws.

!ec. 14. Apneal. Unless speciflcally excluded by 36 CFR 251 .80, Purchaser may appeal any decision by lhe Authorized Officer regarding this sale of mineral materials.

for removal as set forth

PURCHASER

(lndividual or Firm Name)

OREGON, STATE OF (ODOT)

HIGHWAY DEPARTMtrNT

2O8O LAURASTRDET

SPIUNGFIELD, Ord97477

By:

(Signature)

G.a,73 property of the Government.

THE UNITED STATES OF AMERICA

(Authorized Oflicer)

Robert Gentry

(Signature)

,2 Date: Date:

lf lhis contract is executed by a corporation, it musl affix its corporate seal.

Submit

District htqrs://i"vetr,lb.usda.gov/utils/processPennit jsp?rcffile=/miwebfiles/infi'adocs/ternp/bwills.,. 5/2512023

EXHIBIT A

MINERAL MATERIAL PERMIT

MM-DES-CRE.23.OO1

Operating Specifications for Black Rock Cinder Pit

(Deschutes NF Source #2004)

Contents A. General Operating Specifications

171 Equipment Washing

Equipment Cleaning lnspection/Verification Form

B. Fire Protection and Suppression lndustrial Fire Precautions (IFPL)...

C. Road Maintenance Specifications

T-811 Bladin e $o/O7)

Figure 1-T-811 Blading

T-812 Dust Abatement

T-831 Ditch Maintenance (10/O7l

T-832 Remove and End Haul Materials (05/07l'

T-834 Drainage Structure Maintenan ce (10/071

T-842 Cutting Roadway Vegetation (10/071

T-851 Logging Out

T-854 Hazard Removaland Cleanup

T-891 Water Supply and Waterine Q/O2l

D. Damage Control Guidelines

A. UnsurfacedRoads:

B. AggregateSurfaced Roads:

C. Asphalt Surfaced Roads:

E. Road Damage

T3

Exhibit A MM-DES-CRE-23-OOI

A. General Operating Specifications

USDA Forest Service Owned Sources - The USFS Black Rock CinderPiI" (#2004) material source is under

ODOT control through a "Contract for Sale of Mineral Material" agreement with USDA Forest Service.

Operations within this material source site will conform to the requirements of this agreement, the development plan, the following Operating Specifications, and the Memorandum of Understanding between the Forest Sen'ice and ODOT.

1 . Occupancy of this pit will be limited to July | , 2023 , through October 3l , 2023

2. Prior to occupying the material source for each entry, hold a pre-work meeting at the material source. Include the following USFS representatives at each meeting:

o USFS Representative, Bart Wills, mobile/text (541) 410-3831, email: barton.wills@usda.gov

3. The material source project boundary, oversize storage area, stockpile area, staging area, excavation area shall be as shown. Do not operate beyond the project boundary as shown on plans (Exhibit B).

4. Protect cultural resources. If cultural resources are encountered, immediately discontinue operations, and notify the USFS Representative.

5. Operations for each entry or occupation at this material source are limited to the following:

e Restrict work to Monday through Saturday, excluding Sunday and Holidays, with no other day or hour restrictions.

6. The USFS will conduct a noxious weed survey at the material source prior to the start of the project. Only a botanist can determine if there are quarantined areas of a site containing a seed source.

7. All weeds identified by the noxious weed survey will be treated by the USFS.

8. All equipment, prior entering the site for the first time will be cleaned of all debris to remove the seed source that could be picked up by passing vehicles and limit seed transport.

a. Notiff the USFS Representative before moving each vehicle onto the site.

b. Any contract inspector can inspect the cleanliness of the vehicles transported into the material site.

c. Remove all mud, dirt, and plant pa(s from all off-road equipment before moving into project area. Cleaning must occur off National Forest lands.

d. This does not apply to service vehicles that will stay on the roadway, traveling frequently in and out ofthe project area.

2Exhibit A MM-DES-CRE-23-OOI

e. Clean all equipment prior to leaving the project site, if operating in areas infested with new invaders as determined by the forest Botanist or botany program representative.

f. See 171 Equipment Washing specification and guidance.

g. Submit Equipment Cleaning Inspection/Verification Form to USFS Representative.

9' Conduct all mining operations within the material source in a good and workmanlike manner and in according to all applicable Federal and State, and the regulations ofthe Secretary of Agriculture, having due regard for the health and safety of miners and other employees; and safeguard with fences, barriers, fills, covers, or other effective devices, any shafts, tunnels, cuts, pits and other excavations which otherwise would unduly imperil the life, safety, or property of other persons.

10. Material source operations are under the jurisdiction of M.S.H.A. (Mine Safety and Health Administration). Regulations require crusher operators to notify the applicable M.S.H.A. Office prior to beginning and before termination of operations in a material source.

1 I ' Comply with the requirements and provisions as set forth below in, Fire Protection and Suppression (Forest Service Form R6-FS -6300-52) and Industrial Fire Precautions Levels (IFPL)

12. Provide all proposed development plan and specification changes in writing and obtain written approval before making changes to the material sources' project boundary, oversize storage area, stockpile area, staging area, and excavation area.

13. Comply with the requirements and provisions as set forth in that part of 812 Dust Abatement.

Note that a source of water is not available on site within the material source, but there is a source of water located on Crescent Creek, at the end of USFS Rd. 6100860, in T.24 S., R. 7 E., Sec. 14, located on the south side of County Road 6l approximately 0.1 miles to the west of the junction of the Road 46 and County Road 61. If this water source is used, silt fence or other measures will need to be employed to prevent any sediment being transported into Crescent Creek.

a. See Road Maintenance T-891 Water Supply and Watering specification below.

14. Develop a site-specific Pollution Control Plan and submit it to the USFS Representative at or before the pre-work meeting. For materials capable of causing water pollution if discharged, locate storage facilities in an area that prevents spillage into waterways or wetlands. Include the following details:

a' Do not discharge waste or by-product if it contains any substance in concentrations that could contaminate soils or result in harm to fish, wildlife, or water sources.

b.Store all potentially hazardous materials and solid waste in a manner that prevents seepage into the ground or groundwater sources. Lined sumps or pits are allowable options for storage. If pits or sumps are used, construct adequate berms or provide other measures to prevent breaching of the pits or sumps.

15. Before proceeding with work for each entry at this material source, the following apply:

JExhibit A MM-DES-CRE.23-OOI

(a) Access: Maintain the identified USFS Haul routes (2.36 miles of USFS Rd. 4680 & 0.1 miles of USFS Rd. 6210) in the present location, grade, and configuration for continuous access to the federal land around the cinder pit. Maintain or improve the existing condition of this access road through routine road maintenance in accordance with Road Maintenance Specifications. Maintain or develop drain dips, water bars, road crowning, in-slopes and out-slopes during road maintenance.

(b) Signs: The signs and barricades along access roads and in the pit area will be posted and maintained in accordance with the USDOT Manual on Uniform Traffic Controls Devices for Streets and Highways

(MUTCD) notifying the public of unusual hazards or other special conditions. Block off all unauthorized roads and trails leading into the pit to prevent accidental entry into the pit by motorized vehicles.

(c) Hazardous Materials: Petroleum based products or other toxiclhazardous materials will not be disposed of on site. Precautions will be taken to prevent the spill of petroleum products. All fuel, oil, and fluid leaks will be contained with absorbant material. Any contaminated soil or mineral material will be disposed of in a proper waste facilty. If a spill (loss of fuel, oil, or other fluid in excess of 5 gallons) occurs, noti$r the USFS Representative as soon as possible.

(d) Garbage: Trash will not be buried, disposed of, or stored on site. The occupant will furnish and maintain one self-contained chemical toilet during operations if five or more employees are working on site.

(e) Blasting: If blasting is requested and approved, provide the USFS Representative with a copy ofthe blasting plan and plans for explosives transportation and storage, for review by Forest

Service 14 days prior to blasting. All contractors will meet all Forest Service requirements for storing, transporting, and using explosives (Forest Service Manual 6745). Follow all Fire

Protection and Suppression guidance.

o Obtain IFPL fre waiver before commencing blasting work.

r Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped with a long-handled, round point, No. oo0" or larger, shovel, and a five-gallon backpack pump filled with watcr will stay at location of blost for t hour after blasting is done. Blasting may be suspended by Forest Service in writing, in an area of high rate of spread and resistance to control.

o Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest Service, which may specify conditions under which such explosives may be used and precautions to be taken.

o Restrict blasting to the daylight hours Monday through Friday. Do not blast on Saturdays, Sundays, or legal holidays.

r Notiff District Ranger, Robert Gentry, office 541-433-3200 (Monday - Thursday), USFS representative, Bart Wills, work cell (541-410-3831), and all adjacent residents and

4Exhibit A MM-DES-CRE-23-OOI property owners that are within 1,250 feet of the blasting area, at least 48 hours before blasting.

16. The following apply during material source operations at this material source:

a. Obtain IFPL fire waiver from Crescent Ranger District Office before compencing work.

136471Hwy 97 North., PO Box 208, Crescent, Oregon, 97733. Office phone: 541-433- 3200. Office open Monday to Thursday, 8:00 am to 4:30pm.

b' Temporary vertical slopes will be allowed in the Source Area during operations. All working slopes shall be left at lV:1.5H or flatter while the site is unoccupied.

c. This is not a camping permit. Temporary camping permit can be optained at the Crescent Ranger District Office (see contact information above).

d. Construct and maintain safety berms along roads and slopes. Construct the berm 3 feet high with 1V: l.5H side slopes. Oversize encountered or existing in the oversize windrow can be utilized to construct the berm(s).

e. Process and reduce all material less than 3-feet in diameter.

f. Stockpile all oversized material 3-feet in diameter or greater in the oversized storage area.

g. Leave minimum 25-feet access road with berm on west access road for access to top of cinder pit. Leave enough room to turn a large vehicle around at the top of the access road. This road is utilized by fire crews conducting fire watch during lighning strikes.

h. Process all material loosened in the source by the operation that meets quality requirements

i. Stockpile all oversize material not utilized in the berms or in the oversize storage area.

17. The following apply at the completion of operations for each entry at this material source

a. Leave a 3-foot-high safety berm along the outside edge of the top bench.

b. Leave all slopes worked during each entry at lV:1.5H or flatter

c. Leave access roads open, do not rip or block. These roads are used to access the top of Black Rock cinder pit for fire watches. Maintain safe turn around for large vehicle at the top of access road.

d. Remove all structures, remove all combustible debris (no buming permitted), remove all noncombustible debris, and remove all equipment from the material source, even if it was pre-existing. No burning permitted. Do not bury debris. All man-made trash and refuse generated or encountered in the site shall be disposed of properly in a state, county or municipality -designated solid waste disposal area. These include, but are not limited to, tires, pipes, belts, and screens.

5Exhibit A MM-DES-CRE-23-OO1

e. Complete final topographical survey and geotechnical drilling after completion of production to gauge remaining cinder quantities in the pit.

18. Hold a post-work meeting at the material source after each entry to evaluate material site rehabilitation work. Include the following USFS representative:

e USFS Representative, Bart Wills, mobile/text (541) 410-3831, email: barton.wills@usda.gov

6Exhibit A MM-DES-CRE-23-OOI

171 Equipment Washing

Description

171.01This work consists of washing and treating construction equipment to remove seeds, plants, and plant fragments from the equipment before the equipment is used on National Forest System lands.

Material

171.02Conform to the following Subsection

Construction Requirements

171.03 General. Notify the FS in writing at least 7 days before moving any construction equipment onto National Forest System lands. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

Perform all work at a location designated on the plans or other locations approved in writing. Provide the FS with an opportunity to monitor the washing and inspection.

171.04 Equipment. Use a high-pressure washing system.

For work on National Forest System lands, use a washing system that traps all wash water and either stores it for removal from National Forest System lands or recycles the water for continued use. lf the equipment recycles the water, provide adequate filters for seed removal. Dispose of the filter material and removed seeds in an approved manner.

Do not mix soaps, detergents, or other chemicals with the wash water.

For work at a commercial washing facility, use an approved facility.

171.05 Washing. Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment.

171.06lnspection. lnspect the washed construction equipment, including the undercarriage, to ensure that the washing removed the dirt, debris, and seeds from the construction equipment. Rewash the construction equipment as necessary or as directed.

7Exhibit A MM-DES-CRE-23-OO1

Date: Mineral Haterial t lNr

Material Sourcer

PermiLtee:

USES Inspector:

EOUIPTIIEI{T CLEANIHG II.I$PECTNNIVERFICATIO}I FORTTi

Type uI Etluiprnent:

How was the Equtpment CI"eaned?

Where wag lh€ Cleaned?

OF LAS.lr

I certlfy that alL requirementa a$ ouElined in the egrripmerrt cleanlng cont,ract provislons E:clrlbj-t A have been met, and that all- equipnent has been chorouEhly eleaned of soil, 6eeds and vegetative material, t alsc cerpify that the above lnformatlon ls tru€ Lo th€ best of ny.knowledge.

Permittee Sl"gnature Date stdte:

Federal L,ocation:

Non-Federal Locatl"gn I

Equipment Cleaning lnspectionVerification Form

8Exhibit A MM-DES-CRE-23-OO1

B. Fire Protection and Suppression

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

F'IRE PROTECTION AND SUPPRESSION R6-FS-6300-s2 (5t97)

1. Fire Period and Close Season Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each year. The Forest Service may change the dates of said period by advance written notice if justified by unusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

2. Fire Plan Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area

The Contractor shall certify compliance with fire protection and suppression requirements before begirxring operations during the fire period and closed season, and shall update such certification when operations change.

3. Substitute Measures The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

4. Emergency Measures The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

5. Fire Control The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters.

The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.

6. Compliance with State Forest Laws Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in anyway from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

7. Fire Precautions Specific fire precautionary measures are as follows

9Exhibit A MM-DES-CRE-23.OOI

a. Smoking and Open tr'ires Smoking and fires shall be permitted only at the option of the Contractor. The Contractor shall not allow open fires on the project area without advance permission in writing from Forest Service.

b. Fire Extinguishers and Equipment on Trucks, Tractors, etc.

All power-driven equipment operated by the Contractor on the National Forest land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 BC, and one

"D" handled or long handed round point shovel, size oo0" or larger. In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-112 pounds or larger.

c. Power Saws Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger

The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

d. Extinguishers One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the proiect area that is protected and readily available.

e. Spark Arresters and Mufflers Each intemal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Forest Service Standard 5100-1a, or (2) appn-rpriate Society uf Auturnutivc Eugiuccrs (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(1) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(2) A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVVV, used on roads and equipped with a factory-designed muffler complete with baffles and an exhaust system in good working condition.

(3) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory-designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

f. Emergency Fire Precautions The Contractor shall restrict operations in accordance with the Industrial Fire Precaution Levels listed below. The Forest Service may change the Industrial Fire Precaution Levels to other values upon revision of the National Fire Danger Rating System and may change the specific Industrial Fire Precaution Levels when such changes are necessary for the protection of the National Forest. When sent to the Contractor, the revised Industrial Fire Precaution Levels will supersede the attached levels.

Exhibit A 10 MM-DES-CRE-23-OOI

8. Fire Tools The Contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool box or compartment of sound construction with a hinged lid and hasp so arranged that the box can be secured and sealed. The box shall be red and marked "Fire Tools" in letters one inch high. It shall contain a minimum of:

a.2 axes or Pulaskis with a 32-inchhandle;

b.3 adze eye hoes. One Pulaski may be substituted for I adze eye hoe;

c. 3 long-handled, round point shovels, size o'0" or larger.

9. Fire Security When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is granted, the Contractor shall designate a person who shall perform fire security services listed below on the project area and vicinity. The designated person shall be capable or operating the Contractor's communications and fire fighting equipment specified in the contract, excluding helicopters, and of directing the activities of the Contractor's personnel on the forest fires. In lieu of having the designated person perform the required supervisory duties, the Contractor may provide another person meeting the qualifications stated above to direct the activities of the Contractor's persorurel and equipment during all fire fighting activities.

Services described shall be for at least t hour from the time the Contractor's operations are shut down.

For the purposes of this provision, personnel servicing equipment, and their vehicles, who are not engaged in cutting or welding metal, are excluded.

Fire security services shall consist of moving throughout the operation area or areas constantly looking, reporting, and taking suppression action on any fires detected. Where possible, the designated person shall observe inaccessible portions of helicopter operating areas from vantage points within or adjacent to project area.

10. Blasting Whenever the Industrial Fire Precaution Level is o'II" or greater, a fire security person equipped with a long-handled, round point, No. oo0" or larger, shovel, and a five-gallon backpack pump can filled with water will stay at location of blast for I hour after blasting is done. Blasting may be suspended by Forest Service in writing, in an area of high rate of spread and resistance to control.

Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest Service, which may specify conditions under which such explosives may be used and precautions to be taken.

Additional Fire Precautionary Measure 1 (Modified)* R6-FS-6300-53 (5/s9)

11. TankTruck The Contractor shall provide a tank truck or trailer when activities that have the potential to generate sparks are taking place. This tank truck or trailer will contain not less than 300 gallons of water. Such a tank truck or trailer shall be maintained in a serviceable condition and located within 10 minutes, round trip, from each project area during the fire period and closed season.

The tank truck or trailer shall be equipped with a pump capable of discharging2} gallons of water per minute, using a % inchnozzle tip, through a 50 foot length of rubber line hose. In addition, 500 feet of serviceable fabric jacket rubber lined hose of not less than 1 inch outside diameter, fitted with a nozzle

Exhibit A 1l MM-DES-CRE-23-OOI capable of discharging a straight stream of % inch diameter and spray pattern shall be immediately available for use. The tank, pump and at least 250 feet of hose andnozzle shall be connected and ready for use at all times.

If a trailer is used, it shall be equipped with a hitch to facilitate prompt movement. A serviceable tow vehicle shall immediately be available for attachment to the trailer and must meet the time requirements stated above. Such truck or trailer shall be equipped to operate for a minimum of 8 hours. Tank truck or trailer shall be available from the start of work to end of the Fire Watch/Fire Security service.

(* This specification has been modified by the District Ranger of the Bend/Fort Rock Ranger District in order to make it more applicable to projects that involve spark emitting activities other than those associated with logging and clearing of slash.)

Additional Fire Precautionary Measure 2 R6-FS-6300-54 (s/89)

12. Communications The Contractor shall provide adequate two-way communication facilities to report a fire to Forest Service within 15 minutes of detection. FCC Regulations prohibit commercial use of Citizen Band (CB) radios.

(CB's are not considered adequate two-way communications).

Such communications shall be operable during periods of operation of power-driven equipment, including the time fire security is required. Fire Period and Close Season

Exhibit A t2 MM-DES-CRE-23-OOI

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

lndustrial Fire Precautions (IFPL)

LEVEL

I. Closed season - Fire precaution requirements are in effect. A fire/security is required at this and all higher levels unless otherwise waived.

II. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m., local time:

a. power saws, except at loading siting;

b. cable yarding;

c. blasting;

d. welding or cutting of metal.

IIr. Partial shutdown - The following shall be prohibited except as indicated:

Cable yarding - except that gravity operated logging systems employing non-motorized carriages may be operated between the hours of 8 p.m. and I p.m., local time, when all block and moving lines, except the line between the carriage and the chokers, are suspended 10 feet above the ground.

Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m., local time.

In addition, the following are permitted between the hours of 8 p.m. and 1 p.m., local time

a. tractor/skidder operations;

b. mechanized loading and hauling of any product or material;

c. blasting;

d. welding or cutting of metal;

e. any other spark-emitting operation not specifically mentioned

IV. General shutdown - All operations are prohibited.

The following definitions shall apply to these Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.

Closed season (tr'ire Precautionary Period): That season of the year when a frcehazard exists as declared by the responsible agency official.

Contracting Officer: The person executing the contract, permit or license on behalf of the Government and includes that person's designated representative, acting within the limits of their authority or the duly appointed successor to the individuals.

Loading sites/woods site/project area: A place where any product or material (including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck or other vehicle.

Exhibit A l3 MM-DES-CRE-23-OOI

Low hazard area: Means any area where the responsible agency representative (WDNR, ORF, BIA, BLM) determines the combination of elements reduces the probability of fire starting and/or spreading.

Tractor/skidder operations: Include a harvesting operation, or portion of a harvesting operation, where tractors, skidders, or other harvesting equipment capable of constructing fireline, are actively yarding forest products and can quickly reach and effectively attack a fire start.

Waivers, written in advance, may be used for any and all activities. Activities for which waivers may be issued include, but are not limited to:

a. mechanized loading and hauling;

b. road maintenance such as sprinkling, graveling, grading and paving;

c. cable yarding using gravity systems or suspended lines and blocks, or other yarding systems where extra prevention measures will significantly reduce the risk of fire;

d. power saws at loading sites or in felling and bucking where extra prevention measures will significantly reduce the risk of fire;

e. maintenance of equipment (other than metal cutting and welding) or improvements such as structures, fences and powerlines.

Such a waiver, or substitute precautions will prescribe measures to be taken by the Contractor to reduce the risk of ignition, and/or the spread of fire. The Contacting Officer shall consider site specific weather factors, fuel conditions, and specific operations that result in less risk of fire ignition and/or spread than contemplated when precaution level was predicted. Consideration shall also be given to measures that reduce the precaution levels above. The Contractor shall assure that all conditions of such waivers or substitute precautions are met.

The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to start of work, from the appropriate Ranger District headquarters (below). If predictions made after 6:00 p.m., local time, are significantly different than the original prediction, the Forest Service will inform the Contractor when changes in restrictions or industrial precautions are made.

Crescent Ranger District PO Box 208

Crescent, OR 97733 (s4r) 433-3200

Location -136471Hwy 97 N

NOTE:

The IFPL system does not apply on lands protected by ODF east of the summit of the Cascades.

Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govem the level of haul restriction, unless otherwise prohibited by other than industrial precaution level system.

Exhibit A 14 MM-DES-CRE-23.001

C. Road Maintenance Specifications

Specification List

811 - Blading 812 - Dust Abatement 831 - Ditch Maintenance 832 - Remove and End Haul Materials 834 - Drainage Structure Maintenance 842 - Cttting Roadway Vegetation 851 - Logging Out 854 -Hazard Removal & Cleanup 891 - Water Supply & Watering

Permitted Road

Description of Work

Applicable Mtc Specifications

811 812 813 831 832 834 842 8s1 8s4 891

Haul Route:

Maintain for mixed use public traffic

(blade / control dust / spot surface / remove hazards)

X X X X X X X X X

62t0

Haul Route:

Maintain for mixed use public traffic

(blade / control dust / spot surface / remove hazards)

X X X X X X X X X

Exhibit A l5 MM-DES-CRE-23-OOI

T-811 Blading (10/07)

811.01 Description

This work consists of surface blading the traveled way to a condition that facilitates traffic and provides proper drainage. Blading includes shaping the crown or slope of travel way, berms, and drainage dips in accordance with this specification.

81 1.02 Maintenance Requirements

A. Timing - Perform surface blading during the contract period as often as needed to provide conditions stated for the maintenance level of the road

B. General

1. Blade and shape the existing traveled way and shoulders, including turnouts , to produce a surface which is uniform, consistent to grade, and crowned or cross-sloped as indicated by the character of the existing surface, to at least lz inch per 1 foot of width, but not more than % inch per 1 foot of width. Thoroughly loosen surfacing material to no less than 2 inches depth or the depth of potholes or corrugations. Scarification to facilitate cutting to the full depth of potholes or corrugations may be elected, but will be considered incidental to blading. Do not scarify to a depth that will cause contamination of the surfacing.

2. Apply water during blading when sufficient moisture is not present to prevent segregation.

3. Shape existing native rock or aggregate surfaced drainage dips to divert surface runoff to existing outlet devices, ditches, or discharge locations.

4. Establish a blading pattern which provides a uniform driving surface, retains the surfacing on the roadbed, and provides a thorough mixing of the materials within the completed surface width. Upon final blading, no disturbed rock shall protrude more than 2 inches above the adjacent surface unless othenrvise provided in the contract. Remove and place outside the roadbed, material not meeting this dimension so as not to obstruct drainage ways or structures. This material may be scattered off the roadbed if there is free drainage.

Exhibit A l6 MM-DES-CRE-23.OOI

C. Routine Blading

1. Shape roadbed width in excess of the dimensions shown only as needed to provide drainage away from the traveled way. Do not remove established grasses and other vegetation from the excess width except as incidental to providing drainage or unless othenruise provided in the contract.

D. Compaction

Unless Compaction Method B is designated, all traveled ways requiring compaction may be compacted by Method A. compaction shall commence immediately following blading.

Compaction methods are

Compaction Method A: Breaking track while operating equipment on the traveled way.

Compaction Method B: 7-10 ton pneumatic, steel, or equivalent vibratory roller, operated to cover the full width two (2) times.

E. Undercutting - Undercutting roadway back slope is not permitted

Exhibit A l7 MM-DES-CRE-23.OOI

F. lntersections

1. At intersections, blade the roadbeds of side roads which are not closed or restricted from vehicular use to ensure smooth transitions.

2. Signing, cross ditching in the road surface (traveled way), earth berms, or other devices placed to discourage or eliminate use by passenger cars, are field evidence of road closure or restriction.

3. Side roads listed for work under this Section are not restricted.

G. Cleaning of Structures - Do not allow materials resulting from work under this Section to remain on or in structures, such as bridges, culverts, cattle guards, or drainage dips.

H. Berms - Maintain existing berms to the condition of adjacent segments. Do not create new berms.

l. Smooth Blading - Smooth blading may be used as an interim measure to remove loose surfacing materialfrom the wheel paths, arrd store retrtoved materials in a recoverable windrow, until blade processing as described in this section is feasible.

Watering will not be required for smooth blading. Accomplish smooth blading without distorting the existing cross-slope or crown of the traveled way.

Move and store loose surfacing materials on the high side of super-elevated curyes and sections with uniform inslope or outslope. ln crowned sections, store the material on either or both sides as elected. Windrow and place stored materials to provide not less than 12 feet of smooth traveled way on one-lane segments, or 20 feet of smooth traveled way on two-lane segments, or segments with turnouts. Cut holes through windrows, which may collect water on the road, for drainage at least every 500 feet.

Figure 1-T-811 Blading

811- Blading

Exhibit A l8 MM-DES-CRE-23-OOI

Typical Section q 3%n Crown lv -37o Crown

3h:

0.5

Aggregate

Exhibit A l9 MM-DES-CRE-23-OOI

T-812 Dust Abatement

812.01 Description

This work consists of applying dust palliatives on roads

812.02 Materials

Dust palliative materials shall meet the following requirements:

A. Water (H2O) will be obtained from sources SHOWN ON THE DRAWINGS or listed in the SPECIAL PROJECT SPECIFICATIONS to Section 891 Water Supply, unless otherwise agreed.

B. Lignin Sulfonate (LIC S) is thc chcmical rcsiduc produccd os a by-produot of the aoid sulfite pulping process, and supplied as a water solution. The base solution is ammonia, calcium, or sodium and is water soluble to allow field dilution. Provide certification that the material meets the requirements of Subsection 723.03 of the "Forest Service

Specifications for Construction of Roads and Bridges".

C. Magnesium Chloride (MG CL2) is the liquid residue of evaporative mineral recovely processes. Provide certification that that the material meets the requirements of Subsection

723.01of the "Forest Service Specifications for Construction of Roads and Bridges".

D. Calcium Chloride Brine (CA CLZB). Provide certification that that the material meets the requirements of Subsection 723.03 of the "Forest Service Specifications for Construction of Roads and Bridges".

E. Calcium Chloride Flake (CA CL2F). Provide certification that that the material meets the requirements of Subsection 723.02 of the "Forest Service Specifications for Construction of Roads and Bridges".

F. Bituminous dust palliatives. Manufacture materials specifically for dust abatement purposes which conform to the requirements of Section 892 for each listed road in the Road

Listing.

Exhibit A 20 MM-DES-CRE-23-OO1

8r2.03 Weather Limitations

812.04 Equipment

812.05 Maintenance Requirements

A. water applications are not limited by weather forecast or temperature.

B. Apply Lignin Sulfonate, Magnesium Chloride, Calcium Chloride Brine, Calcium Chloride Flakes, and bituminous dust palliatives, only when atmospheric temperature in the shade is a minimum 7 degrees Celsius and steady or rising. Do not apply palliatives when rain is anticipated within twenty-four (24) hours of treatment application. In addition, do not apply bituminous dust palliatives when the weather is foggy.

A. Design, equip, and operate application equipment for spreading dust palliatives so that the material is uniformly applied at the rate and traveled way widths shown in the Road Listing.

B. For bituminous palliatives provide equipment that heats and applies the bituminous material.

Provide a bituminous distributor that is self-powered and mounted on pneumatic tires and equipped with a pump and circulating spray bar, a tachometer, pressure garrg"r, accurate volume rn"usrr.ing devices such as visual volume dial or gauge calibrated to the tank, and a thermometer. Provide equipment which is a standard commercial type of proven performance.

C. Accomplish dilution of dust palliatives within the application vehicle with the water source protected from contamination. Circulate the resulting mixture at least five (5) minutes to ensure uniform mixing prior to application.

A. Limit water applications to abatement for hauling vehicles under this contract and provide at a frequency and rate which controls dust such that vehicle tail lights and turn signals remain visible.

Vary rates of application as needed but remain low enough to avoid forming rivulets. Accomplish the abatement by sufficient frequency of application without saturating and softening the traveled way. Compacted or glazed road surface or wheel tracks may be loosened as needed for water penetration.

B. Apply dust palliatives at the rates determined by the Govemment to be appropriate at the time of application. The Road Listing shows the expected average application rate and may be varied to meet field conditions. Lignin Sulfonate, Magnesium Chloride, and Calcium Ctrloride Brine are listed as liters per square meter of the undiluted product at fifty (50), thirty-three (33), and thirty-eight (38) percent respectively. Calcium Chloride Flake is listed in Kilograms (pounds) per square meter (square yard) at seventy-seven (77) percent concentration.

C. Apply bituminous dust palliatives only when the surface to be treated contains…