Sample_IRSC_Task_Order.pdf

Solicitation No. AG-0561-S-13-XXXX

IRSC Example Task Order AG-04HI-D-XXXX

Appendix A

WORK ACTIVITY ITEMS – TERMS AND SPECIFICATIONS

1. Scope of Work

Appendix A of this solicitation describes the contract requirements and specifications for steardship services for a performance based, fixed price contract for the restoration activities in the Colville National Forest, Rabbit Trail Stewardship task order. Contract requirements and specifications for the commericial harvest of timber are found in Appendix B.

The Contractor shall provide any and all labor, equipment, supplies, services, permits, insurance, and licenses required to survey, design, maintain, reconstruct, construct, and decommision roads in the project area. The Contractor shall also provide any and all labor, equipment, supplies, services, permits, insurance, and licenses required to prescribe for and execute precommercial thinnings in the project area and to treat slash generated by harvest activities or prepare harvest units for burning by the Forest Service..

2. Project Location and Description

2.1 Location Description – The Rabbit Trail project is located along National Forest System Roads (NFSR) 7015, 7015010, 7015125, and 7015150, on the Three Rivers Ranger District of the Colville National Forest. The legal description is: Sections 22, 23, 24, 25, 26, 27, T62N, R40E, and Sections 19 and 30, T62N, R41E,Willamette Meridian, Stevens County, Washington.

2.2 Project Description – The project, as described, includes removing commercial timber products by manual or mechanical felling, limbing, skidding, decking and hauling.

The project also includes road maintenance, reconstruction including Aquatic Organism Passage projects. The project also includes preparation and execution of pre-commercial thinning. The project may also require slash treatments (machine piling, manual hand piling, machine lop and scatter, mastication, fireline construction, or manual lop and scatter) to meet land management objectives.

2.3 Accessibility – All of the treatment units in this task order are accessible by Stevens County roads, open and closed Forest Service roads. Contractor shall be required to keep vehicles on established roads and landings.

2.4 Restrictions – Timber Removal Specifications will apply. Other project specific restrictions may be included in the solicitation and in Appendix B, C, and D.

Appendix A

3. Contractor-furnished Equipment and Services

The Contractor shall provide sufficiently skilled labor, experienced supervision, transportation, equipment, operating supplies, incidentals and inspection services to perform the work in compliance with the contract.

The Contractor shall notify the COR of any changes in work schedule.

4. Definitions

a) Acceptable Quality Level (AQL) - The maximum percentage or proportion of nonconformities in a lot or batch that can be considered satisfactory as a process average.

b) Bole - The trunk or stem of a cut tree or snag.

c) Contracting Officer Representative (COR) – A Government person appointed by the Contracting Officer to help the Contracting Officer with contract administration and surveillance.

d) Created Slash - Debris created from work under this contract including all cut trees and shrubs and their tops, trunks, and branches.

e) Cut Trees – Trees designated for cutting. Cut trees include diseased, damaged, defective trees provided in the specifications.

f) DBH (Diameter at Breast Height) – Outside diameter of the tree stem at a point 4-1/2 feet above the ground, measured from the high side of the base of the tree.

g) DIB (Diameter Inside Bark) - Diameter measurement of a standing tree or log in which the estimated or actual thickness of the bark is discounted.

h) Erosion control – Activities designed to prevent/reduce the delivery of sediment to area streams as a result of timber harvest. Activities typically include grass seeding and/or installation of structures to trap moving sediment.

i) Government Inspector – A Government person responsible for monitoring Contractor performance.

j) Hand Pile – A piling of slash by hand.

k) Landing Cleanup - A landing is considered a place where any logs or products are gathered for loading. Cleanup is the piling of slash not meeting utilization standards.

l) Leave Tree – Any live tree that is selected or required to be left standing.

m) Lopping and Scattering - Cutting limbs from the boles of cut trees and moving and rearranging of slash concentrations to achieve slash depth required in the contract.

n) Machine Slash Piling – A method of piling slash with the use of mechanized equipment.

o) Performance Requirements Summary (PRS) – Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the Contractor.

p) Biomass – Trees to be cut that are greater than 5” DBH and equal to or less than

6.9” DBH.

Appendix A

q) Residual Trees – All trees 1 foot or greater in height that have not been designated for removal.

r) Resource Protection Area - A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the project maps and they may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel, or fueling of saws.

s) Streamside Management Zone (SMZ)- A zone that contains riparian vegetation and other special characteristics.

t) Stream Course: The area along a stream that has riparian vegetation and other riparian characteristics. Stream courses are noted on the project maps. They typically require special treatment which may include alteration to the tree cutting, slash treatment, vehicle travel, or fueling of saws.

u) Threatened, Endangered, Sensitive (TES) - Those species currently listed as threatened, endangered or sensitive.

5. Performance Standards

Item No. Contract Specification

3 and 4 Road Condition Surveys a) A Distance Measuring Instrument (DMI) will be used to records the linear location of road work needed. The DMI will be capable of an accuracy of one foot.

b) A road condition survey form will be completed for each road or segment.

c) Work needed will be recorded as follows:

a. Work that fits the requirements of the

T-Specifications listed in Appendix C will be listed as from Station x+xx to x+xx by T-Specification. The appropriate item or sub item from the schedule of items will be noted also.

b. Reconstruction work that fits the Typical Drawings will be listed by Station.

c. Reconstruction work that will require survey and design work will be listed by Station.

d) Locations of reconstruction work will be staked with the Station and work requirement written on the stake in accordance with the FP03 specifications (Appendix D). Orange flagging will be tied to the stake, and on nearby vegetation.

Appendix A

5 – Road Packages a) Road Packages will be based on the Colville National Forest Road Package example provided in Appendix E

6 and 7 – Survey and Design – Single features, new road, and decommissioning

a) Survey and design work will meet the Survey and Design specification in FSH 7709.56 Road Reconstruction Handbook, and FP03 specifications(Appendix E).

b) Input from a hydrologist and fisheries biologist for AOP, new road and decommissioned roads will be required.

c) All plans will be signed and stamped by a registered Professional Engineer – State of Washington.

8 - Flag, GPS Precommercial Thinning Units

a) Flags will be intervisible

b) GPS data will be collected in accordance with

Chapter 50 of FSH 2409.12

9 – Road Maintenance a) Contractor will perform routine road maintenance in accordance with the Performance Based Road Maintenance- Specification (Appendix C).

10 – Snag Inventory and Creation a) Existing snags will be mapped or GPS’d.

b) If the unit has less than 2 snags per acre, additional snags will be designated as follows:

a. Utilize existing damaged trees when possible

b. Minimum of 12 inches DBH

c. Over 100’ from open roads.

c) Snags will be climbed and topped below the first green limb.

11 - Slash Cleanup, Unit Machine Pile

a) Contractor shall treat slash and existing down fuels in the unit that is a minimum of 4 feet in length and 2 inches in diameter by piling with an excavator, or similar machine equipped with a grapple or bucket/thumb.

b) Pile size shall be a minimum of 4 feet in height. No longer than 10 feet.

Appendix A

Piles shall be located a minimum of 15 feet from residual leave trees and existing snags. A snag is any standing bole 8 inches diameter breast height (DBH) and 20 feet tall.

c) Unless otherwise agreed to by the COR, residual slash and surface fuels shall be reduced to an amount not exceeding 5.7 tons/acre for 0-9” diameter material and 1 tons/acre for >9” diameter material. The end result should be similar to the Fuels Photo Series 1-DF-4-PC (Lessthan10tons_per_acre.docx Attached)

12 Fire Line Construction - Machine Contractor shall construct fire lines, where identified by the Forest Service post-harvest. Machine constructed fire line shall be cleared of all brush and slash greater than 2 inches in diameter small end and 6 feet in length or longer. Machine fire line shall have a minimum width of 15 feet and a maximum width of 20 feet with an 18” to 36” wide scrape exposing mineral soil.

Slash and brush shall be evenly distributed into the cutting unit and not concentrated along the cleared area of the fire line. A line scratched down to mineral soil will be constructed 5 feet from the outside edge of the cleared area. Mineral soil scrape width shall be between 18 to 36 inches with a depth not to exceed 2 to 3 inches below the mineral soil surface.

Machines used to construct machine fire line shall be an excavator type machine with a boom that can reach a minimum of 15 feet and shall be equipped with a grapple or bucket not exceeding 36 inches with a thumb.

13 Fire Line Construction - Hand Contractor shall construct fire lines, where identified by the Forest Service post-harvest. Fire line constructed by hand shall be cleared of all brush and slash greater than 2 inches in diameter small end and 6 feet in length or longer. Finished fire line shall have a minimum width of 15 feet and a maximum

Appendix A width of 20 feet with an 18” to 36” wide scrape exposing mineral soil.

Slash and brush shall be evenly distributed into the cutting unit and not concentrated along the cleared area of the fire line. A line scratched down to mineral soil will be constructed 5 feet from the outside edge of the cleared area. Mineral soil scrape width shall be between 18 to 36 inches with a depth not to exceed 2 to 3 inches below the mineral soil surface.

14 – Road Reconstruction a) Reconstruction activities will meet the specifications in FSH 7709.56 Road Preconstruction Handbook (Appendix E), and FP03 specifications

b) All plans will be signed and stamped by a registered Professional Engineer – State of Washington.

15 – Road Reconstruction – AOP Structures

c) Reconstruction activities will meet the specifications in FSH 7709.56 Road Preconstruction Handbook (Appendix E), and FP03 specifications

d) All plans will be signed and stamped by a registered Professional Engineer – State of Washington.

17 – Pre-commercial Thinning

a) Pre-commercial Thinning: The end result is to use hand tree felling to reduce ladder fuels and increase the vigor of shade intolerant and fire resistant species.

b) Unless otherwise agreed to by the COR or specified in the prescription, cut trees shall be between 2’ in height to a maximum size of 5.9” DBH. Preferred species shall be determined as per unit prescription.

18 – Tree Planting

a) Tree Planting: The end result is to successfully re-vegetate designated sites with conifer seedlings.

b) USFS supplied conifer seedlings are to be planted as specified by the silvicultural prescription.

Appendix A

c) Payment for tree planting shall be made upon determination of seedling survival.

50% payment shall be made at time of planting and up to 100% payment shall be made one year after planting. Full payment shall be awarded when the survival rate for the planted stock is equal to or greater than 80%. Except under circumstances beyond the control of the contractor such as moderate drought, animal depredation or poor seedling quality, the contractor may be required to re-plant at no cost to the government.

a. ‘Moderate Drought’ as defined by the Palmer Z Index, Short-term conditions for the months of April, May and June (www.NOAA.gov)

b. Poor seedling quality as determined by the COR upon delivery of the planted stock.

19 - Slash Treatment – Hand Piling a) Hand pile all slash (both harvest activity and contractor) that is between 1 and 7 inches in diameter, and greater than 3 feet in length including branches that are on downed trees.

b) Piled material shall be placed in a uniform direction and compacted down to limit air pockets.

c) Hand piles must be located at least 6 feet from leave trees greater than 6 inch DBH and at least 20 feet from any Forest boundaries, unit boundaries and county roads.

d) Pile height must be the same as or greater than pile width. Minimum pile height and width is 4 feet by 4 feet.

e) Hand piles should be approximately 4 feet wide by 4 feet high by no more than 8 feet long with waterproof paper covering top 1/4 of pile with material placed on top to prevent loss of paper due to wind.

http://www.noaa.gov/

Appendix A

20 – Lop and Scatter Slash Lop: Lop when slash accumulations exceed 2 feet in depth. Cut slash into lengths of 6 feet or less, reducing the depth to less than 2 feet.

Scatter: All slash that is between 1 and 7 inches in diameter, and greater than 3 feet in length shall be pulled back 6 feet from unit boundaries, leave trees, trails and from fences.

21 – Slash Treatment - Mastication

a) Mechanical Fuels Reduction – Mastication:

The end result is to reduce ladder fuels and residual slash to a level that meets the objectives and purpose and need of the project.

b) Unless otherwise agreed to by the COR, masticated ladder fuels and slash shall be reduced to a depth of 12” or less. Results of treatment shall be small debris (limbs, sticks, needles, chips) with a maximum debris size of 4 inches in diameter and 4 feet in length on over 90% of the treatment area.

22 – Slash Grinding and Removal

a) Grinding and Removal: The end result is to remove the majority of slash from the landings and decking areas.

b) Biomass is to be chipped and removed from the project area.

6. Government Quality Assurance Surveillance Plan/Inspection and Acceptance Inspection of the area shall be accomplished by periodic visual inspection of the unit and will be based on adherence to the contract specifications. Disincentive is Contractor rework to meet the contract specifications and payment for re-inspection by the government. The Government will inspect completed tasks as a basis for acceptance and payments, and provide recommendations to improve work quality while work is in progress. Full payment will be made if all work in the area meets the contract specifications. The government reserves the right to use any inspection method it deems appropriate to assure adequate Quality Control. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract specifications.

7. Performance Work Summary Table

Task Performance Standard

Quality Assurance

Process

Acceptable Quality Level

(AQL)

Incentive/Disincentive

Road Condition Surveys

All system roads will be surveyed, and the RSC form will be filled out in its entirety

Contractor records and reports and Government Periodic Inspection.

No more then three fields missing information, and all specific work detailed by station.

All nonconforming work shall be corrected.

Contractor will pay cost of re-inspection. Repeated failure to meet the AQL will result in lower performance rating.

Road Packages

Reconstruction will be planned according to

FSH 7709.56

and FP03 Standards

Contractor records and reports and Government Periodic Inspection.

No major defect. Major defect can be wrong quantities, wrong specification

All defective work will be corrected by Contractor

AOP Surveys

Survey as required in FSH

7709.56 and FP03 Standards

Contractor records and reports and Government Periodic Inspection.

No major defect. Major defect can be wrong quantities, wrong specification

All defective work will be corrected by Contractor

AOP Designs

Structures will be planned according to

FSH 7709.56

and FP03 Standards

Contractor records and reports and Government Periodic Inspection.

No major defect. Major defect can be wrong quantities, wrong specification

All defective work will be corrected by Contractor

Road Maintenance

All system roads will be maintained to the T- Specification which apply.

Contractor records and reports and Government Periodic Inspection.

See performance based specifications in Appendix C.

See performance based specifications in Appendix C.

Road Reconstruction

Reconstruction will be performed according to plans and FSH

7709.56 and FP03 Standards

Contractor records and reports and Government Periodic Inspection.

No more than one minor non-compliance per mile.

All nonconforming work shall be corrected.

Contractor will pay cost of re-inspection. Repeated failure to meet the AQL will result in lower performance rating.

Appendix A

Task Performance Standard

Quality Assurance

Process

Acceptable Quality Level

(AQL)

Incentive/Disincentive

Slash Treatment

Slash will be treated according to the specification listed in 5.

Performance Standards

Contractor records and reports and Government Periodic Inspection.

No more than one minor non-compliance per acre.

All nonconforming work shall be corrected.

Contractor will pay cost of re-inspection. Repeated failure to meet the AQL will result in lower performance rating.

Pre-commercial thinning

Trees will be thinned to the spacing and species preferences specified in the prescription

Contractor records and reports and Government Periodic Inspection..

95% of the tree spacings are within 10% of the requirement

If the spacing is too close, additional trees will be cut to meet the spacing.

Contractor will pay cost of re-inspection.

If the spacing is too far, a 5% reduction in payment for each 5% interval below 95%.

Repeated failure to meet the AQL will result in lower performance rating.

Prevention of Damage to Physical Improvements, and Resources to Protect

Any damage to physical improvements is repaired to meet Government Standards.

Visual Inspection by Government

No instances of noncompliance for entire contract.

Work not meeting AQL may result in suspension of work;

Government may assess damages. Repeated failure to meet the AQL or to correct nonconforming work will

Contractor Data, Reports, and Plans

Contractor Progress Schedule, Quality Control Plan, and Safety Plan are followed and Inspection Data is accurate.

Periodic Inspection or Evaluation by the Government

No instance of noncompliance.

Contractor’s performance will be rated at end of contract; repeated failure to meet the AQL or to correct nonconforming work will

8. PROTECTION OF IMPROVEMENTS

Within the Project Area protected improvements exist which will not be damaged during Contractor operations. These features are listed below.

Protected Improvements Description Location Fences/Buck & Rail Upright and fair condition multi-stand smooth or barb As located throughout

Appendix A wire with wood or steel posts.

Wood constructed buck and rail fence.

Recreation Facilities Bathrooms, trailheads, trailhead facilities, bulletin boards, kiosks, map displays

As located throughout project area.

Signs Signs As located throughout project area

Gates Gates As located throughout project area

Cattle guards Cattle guards As located throughout project area

Roads and Ditches Road Prisms and Water Ditches

As located throughout project area.

Culverts Culverts As located throughout project area

Powerlines, phone lines, gas lines and sewer lines

Powerlines, power poles, buried powerlines with associated junction boxes, underground phone lines and associated junction boxes, underground gas lines, sewer lines and man holes.

As located throughout project area.

Land Survey Monuments including but not limited to horizontal control stations (Triangulation Stations),vertical control stations (Bench Marks), property corner monuments, and all Public Land Survey System monuments. Includes Reference monuments, such as bearing trees, line trees and line posts.

Identifying signs shall be posted on two sides of each known bearing tree, and each line post shall be posted with a metal sign or decal. Line trees may be cut if designated by the Government.

As located throughout project area.

All Improvements not owned by the Forest Service.

Fences, stock water tanks, private roads, private gates, buildings, etc.

As located throughout

All unique features will be protected from damage by the Contractor. If any unique features are damaged, the Contractor will immediately contact the Forest Service and will be liable for the cost of repairs and/or replacement.

Forest Service will notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances likely to be affected by Contractor’s Operations.

Appendix A

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

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

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

When materials are to be hauled across the tracks of any railway, Forest Service will make arrangements with the railroad for the use of any existing crossing or for any new crossing required. Contractor shall make arrangements for use of alternate crossings. All construction work to be performed by Contractor on the railroad right-of-way shall not damage railroad company’s property.

9. SAFETY

Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an equitable adjustment.

Unless otherwise agreed in writing, when Contractor’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s Operations.

Except as otherwise agreed, flagmen and devices shall be as specified in the “2009 Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Contract Area Map, Traffic Control Plan, or in specifications attached hereto. The complete MUTCD can be found at http://mutcd.fhwa.dot.gov/htm/2009/html_index.htm.

Required Signs on Open Roads – Warning of hazardous or potentially hazard conditions associated with the Contractors operations are needed. These signs must meet both the MUTCD standards, and the EM-7100-15 (Sign and Poster Guidelines for the Forest Service). The complete Sign and Poster Guidelines for the Forest Service can be found at http://fsweb.wo.fs.fed.us/eng/pubs/htmlpubs/em7100-15/pdfindex.htm

Appendix A

In addition to the above warning signs, if there are log decks in the ditch or roadway, a set of channelizing devices will be set on each side/end of the log deck. The channelizing device may be a cone, barrel, or vertical panel, as required in the MUTCD.

10. TEMPORARY TRAFFIC CONTROL

Traffic is not to be delayed for more than 30 minutes.

All roads shall be left in a passable condition throughout the work day and at the end of each work day to allow for vehicle access.

11. TRAFFIC SIGN REQUIREMENTS/PLAN

Contractor shall submit a Traffic Control Plan which will include at a minimum, a description of the type of closure device for each road, description of warning signs and their location in relation to the closure, copy of the flaggers certification, description of warning signs and location. Contractor and Forest Service shall agree to a specific Traffic Control Plan for each individual project prior to commencing operations.

As minimum, the following signs will be required:

Road Closed (R11-2) Road Closed Ahead, Local Traffic Only (R11-3a) Stop Ahead (W3-1) or flagger symbol (W20-7) or Be Prepared to Stop (W3-4) Flagger (W20-7a) or Flagger Symbol (W20-7) Trail Closed Stop/Slow Paddles (R1-1) (W20-8) Barricades (Type lll)

Additional warning signs may be required during contract operations.

12. USE BY OTHERS

Forest Service shall have the right to use any road constructed by Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Contractor hereunder when such use will not materially interfere with Contractor’s Operations. Such third party use shall be contingent upon the third party paying a fair share of maintenance cost commensurate with such commercial use. Unless otherwise provided, Forest Service shall authorize other uses of roads constructed by Contractor hereunder only if:

(a) Forest Service makes appropriate arrangements to relieve Contractor of related maintenance costs commensurate with such other uses and

Appendix A

(b) Such other uses will not materially interfere with Contractor’s Operations.

Where Contractor reconstructs a road having established use, the use during reconstruction and thereafter by Contractor shall be such as to reasonably accommodate such established use.

Contractor shall have the right to use such reconstructed road without additional material interference from other users.

Traffic control devices shall be appropriate to current conditions and shall be covered or removed when not needed.

13. EQUIPMENT CLEANING

For purposes of this provision, “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles. Contractor shall adhere to the following requirements with regard to cleaning “Off-Road Equipment”:

Prior to moving Off-Road Equipment onto the Sale Area, Contractor shall identify the location of the equipment's most recent operation. Contractor shall not move any Off-Road Equipment that last operated in an area infested with one or more invasive species of concern onto Sale Area without having cleaned such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and having notified the Forest Service.

If the location of prior operation cannot be identified, then Contractor shall assume that the location is infested with invasive species of concern.

Prior to moving Off-Road Equipment from a cutting unit that is shown on Contract Area Map to be infested with invasive species of concern to, or through any other area that is shown as being free of invasive species of concern, or infested with a different invasive species, Contractor shall clean such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and shall notify the Forest Service.

Prior to moving any Off-Road Equipment subject to the cleaning requirements set forth above, Contractor shall advise Forest Service of its cleaning measures and make the equipment available for inspection. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available. After satisfactory inspection or after such 2 day period, Contractor may move the equipment as planned. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. Contractor shall not be required to disassemble equipment unless so directed by the Forest Service after inspection.

If Contractor desires to clean Off-Road Equipment on National Forest land, such as at the end of a project or prior to moving to, or through an area that is free of invasive species of concern, Contractor shall obtain prior approval from Contracting Officer as to the location for such cleaning and measures, if any, for controlling impacts.

Nothing contained in this Subsection shall be interpreted as creating any warranty on the part of the Forest Service that all locations of invasive species of concern have been described herein, elsewhere in this task order, or designated on the ground. Following sale advertisement, additional locations may be described or designated, and other species may be added to the list of invasive species of concern. In such event, Contracting Officer may order delay, interruption, or modification of this Contract.

The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and, addition of species to the list of invasive species of concern.

14. EROSION PREVENTION AND CONTROL

Contractor’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. Contractor shall adjust the kinds and intensity of erosion control work done to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, Contractor shall make additional deposits on request by Forest Service.

15. PROTECTION MEASURES NEEDED FOR RAPTORS

If territories of sensitive species or raptors are discovered within the contract area, establish and manage these territories with adequate buffer zones and seasonal activity use restrictions around breeding sites to prevent the loss of those individuals. If a newly discovered goshawk nest is found, maintain a 30 acre area of uncut timber around the nest site (whether active or inactive) as well as timing restrictions within 1/4 mile of the nest site. Within 1/4 mile of active goshawk all timber contractor operations, timber harvest/treatment activities, prescribed burning, fuel reduction mechanical treatments, road construction/maintenance/obliteration work (including temporary roads), post-contract treatment activities, and any additional activities that involve the use of heavy equipment and/or chainsaws would take place outside of March 1 – August 15, to minimize disturbance to nesting raptors during the breeding period. Outside of the nest buffers, timing restrictions are not needed for project layout, marking, weed treatments, and other activities that are non-disturbing.

16. PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL

RESOURCES, AND CAVE RESOURCES.

Appendix A

a) Areas, known by Forest Service prior to contract solicitation, needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground, and shall be treated as follows:

(i) Unless agreed otherwise, wheeled or track laying equipment shall not be operated in areas identified as needing special measures except on roads, landings, tractor roads, or skid trails approved under G.5.1 or G4.2.2. Contractor may be required to back blade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of cross ditching required under G.6.7. Additional special protection measures needed to protect such known areas are identified in G.2.4.

(ii) Unless agreed otherwise, trees will not be felled into areas identified as needing special measures.

(iii) Contractor shall conduct operations in a manner that does not damage or disturb identified areas. In the event that protective measures identified by the Forest Service are for any reason inadequate, Contracting Officer may delay or interrupt Contractor’s operations, under this Contract, and/or modify this Contract.

(iv) Contractor shall immediately notify the Forest Service if its operations disturb or damage any area identified as needing special protection, and shall immediately halt its operations in the vicinity of such area until the Forest Service authorizes continued operations. In the event that Contractor's operations disturb or damage an area identified as needing special protection, then Contractor shall reimburse the Forest Service for the full cost and expense of any evaluative and remedial measures undertaken by the Forest Service in connection with such disturbance or damage. Such payment shall not relieve Purchaser from civil or criminal liability under applicable law.

(b) Nothing contained in this Subsection shall establish, or be deemed to establish any express or implied warranty on the part of the Forest Service

(i) That the Forest Service has identified all areas within the Contract Area requiring special protection,

(ii) or, that measures prescribed by the Forest Service for protection of such areas are adequate.

(c) Following contract solicitation, additional areas needing special measures for protection may be discovered or identified; protective measures may be revised or newly prescribed; and, additional species of plants and/or animals may be added to federal lists of protected species.

In such event, Contracting Officer may delay or interrupt Contractor’s operations, under this Contract, and/or modify this Contract.

Appendix A

(d) Discovery, by either the Contractor or the Forest Service, of additional areas, resources, species, or members of species needing special protection shall be promptly reported to the other party.

17. WETLANDS PROTECTION.

Wetlands requiring protection under Executive Order 11990 are shown on Contract Area Map.

Vehicular or skidding equipment shall not be used in such wetlands, except where roads, landings, and tractor roads are approved under G.4.2.2.

31. USE OF ROADS BY CONTRACTOR

Contractor is authorized to maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber on National Forest and other lands where Forest Service has such authority. The location and clearing widths of all Temporary Roads or facilities shall be agreed to before construction is started. Contractor is authorized to cut and use for construction without charge construction timber designated by agreement.

Except as provided herein, Contractor is authorized to use existing National Forest roads and Specified Roads, when such use will not cause damage to the roads or National Forest resources and when hauling can be done safely. If Contractor’s use of an existing temporary or National Forest system road cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the minimum reconstruction work that Contractor shall perform before hauling.

The Contract Area Map shows existing temporary or permanent roads that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads:

(a) Cannot be used for log hauling or

(b) May be used only under the restrictive limitations stated therein.

Contractor's use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Code Use Limitations

X Hauling prohibited R Hauling restricted U Unsuitable for hauling prior to completion of agreed reconstruction P Use prohibited A Public use restriction W Regulation waiver D Proposed decommissioning of existing road

Roads coded A will be signed by the Forest Service to inform the public of use restrictions.

Contractor's use of roads coded R, A, or W shall be in accordance with the following restrictions:

Appendix A

Restricted Road List

Road Number Road Name

Termini Map Legend

Description of Restrictions From To

7012000

7015110 7015125

0.0 End R No hauling on Memorial Day, July 3-5, and Labor Day

7015112 7015260 7015290 7015300 7015305 7015303 7015330

As agreed to by FS

As agreed to by by FS

U Unsuitable for hauling prior to completion of agreed reconstruction

Title and Date of Governing Road Rules Document:

Colville National Forest May 2010 Commercial Road Rules Effective Date

A written permit is required for movement of road construction and logging equipment that exceeds Washington State legal load limits.