c. Appendix A and B_Malheur NF.doc

Collaborative Restoration Stewardship Contract Attachments to Solicitation No. AG-04R3-09-8113 Page 2 of 9

APPENDIX A Malheur NF Mandatory Work Items

PERFORMANCE WORK STATEMENT

The end result of this contract is that trees are thinned to the desired spacing or basal area and that less than 5-8 tons per acre of fuel loading remains on the treatment unit (not counting wildlife logs or slash piles). See the attached fuels photo. Specific levels will be specified on the Detailed Unit Information Sheet (DUIS).

Not all potential project areas are listed on the Data Sheets. The desired treatment and resource protection specifications (if different) for project areas not listed will be available to the contractor(s) before placement of task orders. Examples of differing specifications may be full or one-end suspension, in size cutting limits, leave tree descriptions and stream course buffers.

1. TREATMENT SPECIFICATIONS

A. All fuel material shall be cut, processed/bunched or bucked, and removed on all treatment units so that remaining non-useable fuel loads are less than 5-8 tons per acre, excluding material left as wildlife logs.

B. Fuel material shall be transported with a minimum of one-end suspension from treatment unit to approved landing(s).

C. Usable fuel material in any treatment unit may be sorted into a maximum of three types (i.e. saw logs, non-saw logs, specialty product logs) without any adjustment in contract price. This information will be specified in the task order. Useable fuel material is equal to or greater than 2 inches in diameter on the small end and equal to or greater than 12 feet in length.

D. Non-usable fuel material in excess of 5-8 tons per acre may be removed by the contractor or it shall be compactly piled at landings. Piles shall be free of dirt, soil, rocks and other non-flammable material. Material shall be piled with all pieces parallel with each other when feasable and to no less than 6 feet high. Piles shall be constructed in such a manner as to easily ignite, combust completely, and contain fire within the pile perimeter. Piling locations shall be approved in advance by the CO. Where possible, piles will be located at least 20 feet from the bole of the nearest live tree.

G. Transportation (trucking) of useable fuel material shall be to one or several Government specified delivery sites.

H. Trucks shall be loaded to capacity. This is defined as a standard, commercial log truck of any configuration loaded to capacity hauling a minimum of 28 tons and a maximum of 30 tons, meeting the height restriction of 14 feet or as otherwise approved by the Contracting Officer.

I. Product removal permit books will be processed as per issued book(s) inside cover instructions and Appendix A, ACCOUNTABILITY.

J. Written treatment prescriptions for subsequent task orders will be available prior to competition.

K. Treatment prescriptions for the minimum estimated quantity are as follows:

PRESCRIPTION A (9 inch cut limit unless otherwise stated in the DUIS) - trees not classified as fuel material (leave trees) where existing shall be left undamaged unless otherwise approved by the COR.

a. All live trees greater than 9 inches DBH shall be left unless otherwise stated in the DUIS.

b. Leave trees shall be the largest, dominant and co-dominant trees (see Definitions I & J) and be the most vigorous, well formed trees of the most desirable species. The highest priority species shall be chosen unless it has major damage or disease. In this case, a lower priority species without damage or disease infection shall be selected.

c. Species priority for leave trees is: western white pine, western larch, ponderosa pine, Douglas-fir, Englemann spruce, lodgepole pine, grand/white/alpine fir and juniper. (See DUIS for any change to these priorities).

d. Spacing of leave trees is specified in the DUIS. This spacing may be based on the spacing between tree boles or the spacing between tree crowns. Spacing may be varied up to 25% to leave the most desirable tree. It is desirable to have variable density stocking levels created by thinning as long as average spacing or basal area equals the amount specified in the DUIS.

e. Trees less than the minimum cut tree height listed in the DUIS are not required to be cut and are ignored in the leave tree spacing

f. Less than 5% of leave trees shall show mechanical damage from this operation.

g. Stumps shall be less than 8 inches in height or down to 6 inches where necessary to cut the lowest green live limb, unless cutting is restricted by natural obstacles. No shrubs or hardwood trees shall be cut.

h. No shrubs or hardwood trees shall be cut.

i. Ponderosa pine with mistletoe infection shall be discriminated against. If not possible to select trees without mistletoe infection, the most mistletoe-free dominant and co-dominant trees shall be selected for leave trees. Ponderosa pine with infections in the lower third of the crown are considered healthier than those with equal infestations in the upper third. Dwarf mistletoe-infected Douglas-fir shall not be selected for leave trees unless no other tree species is available. Douglas-fir without visible dwarf mistletoe infection will be assumed infected if they are within 15 feet of an infected taller Douglas-fir.

j. No snags (dead trees 12” DBH and larger) shall be cut unless necessary to meet safety requirements. The CO or their representative will designate snags prior to felling and removal.

k. Un-thinned wildlife reserve areas specified in the DUIS shall be selected by the contractor and approved by the CO prior to treatment. In some cases wildlife reserve areas will be identified and laid out prior to award.

l. Large down woody material at least 8 feet in length and 12 inches in diameter on the small end shall be left in place where needed to meet down woody debris requirements. The length of this material shall total 20-160 lineal feet/acre of down “wildlife” logs per acre where they currently exist as appropriate to the site identified below. In pine dominated stands the minimum diameter is 12 inches & minimum length of 6 feet and 3-6 pieces per acre, in mixed conifer/fir dominated stands minimum diameter is 12 inches and minimum length 8 feet and 15-20 pieces per acre. If grapple or hand piling occurs, piles shall not be placed over large down woody material.

m. Leave all trees within 100 feet of springs, bogs, seeps or elk wallows unless otherwise specified in the DUIS.

n. Leave all trees exhibiting visible wildlife nesting use. Hawks, eagles, owls, woodpeckers, and squirrels are of primary concern.

PRESCRIPTION B (21 inch cut limit) - trees not classified as fuel material (leave trees) where existing shall be left undamaged unless otherwise approved by the COR.

a. All live trees greater than or equal to 21 inches DBH shall be left.

b. Leave trees shall be the largest, dominant and co-dominant trees (see Definitions I & J) and be the most vigorous, well formed trees of the most desirable species. The highest priority species shall be chosen unless it has major damage or disease. In this case, a lower priority species without damage or disease infection shall be selected.

c. Species priority for leave trees is: western white pine, western larch, ponderosa pine, Douglas-fir, Englemann spruce, lodgepole pine, grand/white/alpine fir and juniper. (See DUIS for any change to these priorities).

d. Spacing of leave trees is specified in the DUIS. This spacing may be based on the spacing between tree boles, the spacing between tree crowns or the desired basal area. Spacing may be varied up to 25% to leave the most desirable tree. It is desirable to have variable density stocking levels created by thinning as long as average spacing or basal area equals the amount specified in the Detailed Unit Information Sheet.

e. Trees less than the minimum cut tree height listed in the DUIS are not required to be cut and are ignored in the leave tree spacing

f. Less than 5% of leave trees shall show mechanical damage from this operation.

g. Stumps shall be less than 8 inches in height or down to 6 inches where necessary to cut the lowest green live limb, unless cutting is restricted by natural obstacles. No shrubs or hardwood trees shall be cut.

h. No shrubs or hardwood trees shall be cut.

i. Ponderosa pine with mistletoe infection shall be discriminated against. If not possible to select trees without mistletoe infection, the most mistletoe-free dominant and co-dominant trees shall be selected for leave trees. Ponderosa pine with infections in the lower third of the crown are considered healthier than those with equal infestations in the upper third. Dwarf mistletoe-infected Douglas-fir shall not be selected for leave trees unless no other tree species is available. Douglas-fir without visible dwarf mistletoe infection will be assumed infected if they are within 15 feet of an infected taller Douglas-fir.

j. No snags (dead trees 12” DBH and larger) shall be cut unless necessary to meet safety requirements. The CO or their representative will designate snags prior to felling and removal.

k. Un-thinned wildlife reserve areas specified in the DUIS are to be selected by the contractor and approved by the CO prior to treatment. In some cases wildlife reserve areas will be identified and laid out prior to award.

l. Large down woody material at least 8 feet in length and 12 inches in diameter on the small end shall be left in place where needed to meet down woody debris requirements. The length of this material shall total 20-160 lineal feet/acre of down “wildlife” logs per acre where they currently exist as appropriate to the site identified below. In pine dominated stands the minimum diameter is 12 inches & minimum length of 6 feet and 3-6 pieces per acre, in mixed conifer/fir dominated stands minimum diameter is 12 inches and minimum length 8 feet and 15-20 pieces per acre. If grapple or hand piling occurs, piles shall not be placed over large down woody material.

m. Leave all trees within 100 feet of springs, bogs, seeps or elk wallows unless otherwise specified in the DUIS.

n. Leave all trees exhibiting visible wildlife nesting use. Hawks, eagles, owls, woodpeckers, and squirrels are of primary concern.

2. MATERIAL FOR TRANSPORT

Only material designated for transport (useable material) in accordance with this contract shall be removed from National Forest lands (see definition F), unless otherwise approved by the CO. All designated material for transport remains property of the government until delivery at acceptance site.

Contractor shall report to the COR number of loads transported on a bi-monthly basis. The Load Receipt portion of the Product Removal Permits shall by faxed to the Blue Mountain Ranger District, 541-575-3319 or 541-575-3158 or Prairie City Ranger District, 541-820-4845 or Emigrant Creek Ranger District, 541-573-4318 before close of business each Friday, unless another reporting system is mutually agreed upon. The location will be specified in the task order.

Transportation shall follow all applicable Malheur National Forest Road Use rules. The Government reserves the right to direct haul routes.

3. PAINT/BRAND REQUIREMENTS

1. Single end paint and brand a minimum of 10 logs per load for all loads being removed including saw logs and non saw log loads.

2. Brands and paint shall be on the same end of the log. Paint spot shall be highway-yellow paint of lasting quality (oil-base or equivalent) and each spot shall be not less than three square inches in size.

3. If mule trains are used each bunked load stands on its own as a single unit, and these guidelines shall apply to each unit. If a flatbed stake trailer is used, each bundle shall be treated as a separate unit.

4. ACCOUNTABILITY

The following requirements are applicable to product removal permits:

1.Forest Service will issue to Contractor or designated representative(s) serially numbered Product Removal Permit Books for use only on this sale. Product Removal Permit Books, whether used or unused, shall be returned to issuing Forest Service Office in accordance with instructions contained on cover of each book.

2. All permits shall be completed and attached to load by an individual named in writing, other than the truck driver in accordance with the instructions on the inside cover of the Product Removal Permit

Book. Product Removal Permit will be attached prior to removal from the immediate vicinity where loading is done. The permit will remain attached until the load is decked at the delivery point.

When products are manufactured on site and removed as chips, the permit shall be attached to a 12" x 18" vertically mounted board on the front panel on the driver's side of the conveyance unit. The previously validated Product Removal Permit shall be removed from the board before attaching a new permit. The board's texture, density, and thickness shall be such as to accommodate construction type staples and be of durable material for securing the attached permits.

3. Contractor shall require truck drivers to stop when requested by Forest Service for purposes of monitoring accountability when products are in transit. Methods to be used to alert drivers of an impending stop shall be agreed to in advance of hauling products.

4. It is understood and agreed that this waiver does not apply to logs that are delivered to any port facility along the Columbia River system or to any port facility along the coastal waterways of Oregon and Washington prior to Domestic Primary Manufacture (36 CFR 223.160).

5. Contractor shall provide all paint necessary to meet the above requirements.

5. RESOURCE PROTECTION

1. No ground based mechanized treatment shall occur within the buffers of any Category 1, 2, 3 or 4 streamcourse (See Definitions) unless otherwise described in the task order.

2. Ground-based equipment may be allowed to cross Category 4 streams. All equipment crossing locations shall be approved in advance by the CO. Other than at approved stream crossings, no equipment shall operate within the specified Category 4 stream, spring, seep or bog buffer area (see Definition A).

3. Ground-based treatment:

For biomass harvesting with forwarders, feller bunchers and processors the following design elements apply:

· Low ground pressure equipment (<8.5 psi) can be allowed off skidtrails on dry, frozen or snow covered soil. “Dry” generally means July through September, or obviously dry to a depth of 4 inches. “Snow covered” means sufficient snow depth and strength to prevent soil disturbance and compaction. “Frozen” means frozen to a depth of 4 inches or more.

· The forwarder shall not exceed 12.0 pounds/square inch ground pressure.

· Forwarder trails shall be spaced a minimum of 50 feet apart, center to center.

· The forwarder shall be operated on dry, snow covered, or frozen soil.

· The forwarder shall be operated on slopes of 35% or less, except for short pitches to 45% of 40 feet or less.

For all other equipment (i.e. skidders) the following design elements apply:

· Skidtrail locations shall be designated and approved by the CO prior to logging. On areas where existing skidtrails occur an average midslope spacing of 100-140 feet apart shall be maintained where reuse is appropriate. Otherwise, space skidtrails at an average of approximately 120 feet apart where practical, using existing skidtrails where possible and appropriate. Skidtrails should average <14 feet wide.

· Draw bottoms shall not be used for skidding.

· Skidders shall not be allowed off skidtrails unless the soil is frozen to a depth of 4” or more. Directional felling and/or winching shall be used where necessary.

· Avoid skidding downhill on slopes steeper than 35% where feasible, using directional felling and tractor winching. There shall be no skidding on any slope steeper than 45% for more than 40 feet.

· Skidding uphill on slopes steeper than 35% is not allowed.

· Except during winching, the leading ends of material shall be suspended above the ground.

· No skidding will be done under wet soil conditions, when ruts six inches or deeper would form on a continuous 50 feet or more of skidtrail.

· No heavy equipment shall be allowed in wet and moist meadows.

· Erosion from skidtrails and tractor winch furrows shall be controlled by the use of cross drains or comparable measures. Outfalls of the cross drains shall be clear and located on soil where water will infiltrate, not on shallow or impermeable soil. Cross drains on skidtrails shall be spaced appropriately for the terrain.

· Re-use existing landings where feasible and where they are away from “scab” soil and ephemeral draws unless approved by a hydrologist, soil scientist or fisheries biologist.

4. All downed logs within the buffers of any Category 1, 2, 3, or 4 streamcourse (See Definitions) shall remain in place unless otherwise specified in the task order.

5. Where soils are unstable or bare, and/or water could be concentrated, cross ditches shall be constructed or comparable measures used every 40 foot change in elevation. Cross ditches shall be a minimum of 4 inches deep and angled no more than 45-degrees to the skidtrail. Each cross ditch shall have a continuous, firm berm of soil at least 4 inches above the normal skidtrail grade, and open on the lower end. Cross ditches may be constructed by machine or hand. See clause Erosion Prevention and Control for further information and requirements.

6. Landing locations will be approved in advance by the CO.

7. Trees shall be felled away from unit boundaries and other physical improvements such as roads, culverts, power or telephone lines, established trails, spring developments, stock driveways, fence lines, gates, established land corners, etc. Any tree falling on such areas shall be immediately removed. If the Contractor causes any damage to any physical improvement, the C.O. shall be immediately notified and the Contractor shall pay the cost of restoration and repair.

8. If any cultural or archaeological sites are discovered within the work area or by the Contractor’s operation, the contractor shall immediately cease work in the immediate area and notify the Contracting Officer. The Government may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact or similar object which is or may be entitled to protection under 16 U.S.C. 431-433, 16 U.S.C. 470, PL 96-95 and 36 CFR 261 9(e). In accordance with 36 CFR 296.( c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. See Section H.5 for further information and requirements.

9. Fuel material shall be pulled back into the unit as follows:

All fuel material on or within 10 feet of any open or barricaded road.

All fuel material on firelines, ditches, berms, fill slopes, and cut banks.

All fuel material on or within 25 feet of physical improvements.

All fuel material within 10 feet of private land.

All fuel material within 10 feet of fence lines.

All fuel material within 25 feet of Superior trees (see definition N).

6. DEFINITIONS

A. Category 1-4 Streams

Category 1 - Fish bearing streams that are either perennial or intermittent. Buffer width is 300 feet on each side.

Category 2 – Non-fish bearing streams that are perennial. Buffer width is 150 feet on each side.

Category 3 – Ponds, lakes, reservoirs, and wetlands greater than 1 acre. Buffer width is 150 from edge.

Category 4 – Non-fish bearing streams that are intermittent or ponds, lakes, and wetlands less than 1 acre. Buffer width is 100 feet.

B. Contracting Officer - The CO is the person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of his authority.

C. Contracting Officer's Representative - the COR is the on-site Contract Administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

D. DBH. Diameter at Breast Height – Outside diameter of the tree stem at a point 4-1/2 feet above the uphill side of the tree.

E. Fuel Material – Useable and non - useable material, consisting of the following:

1. Diseased, damaged, suppressed trees and seedlings of any species within the minimum-maximum cut range as defined in the Detailed Unit Information Sheet that are not selected as leave trees.

2. Standing dead trees or down logs and down woody material solid enough to hold together during transport and not specified as “wildlife logs” or “snags” to be retained.

3. Fuel Material may include cull decks or landing piles existing prior to award.

F. Leave Tree – Those trees left uncut to meet the average spacing or basal area requirements, and trees over the maximum cut size specified in the DUIS.

G. Useable Material - Material removed from treatment unit(s) which is chippable / transportable material greater than 2 inches diameter on the small end and greater than 12 feet long.

H. Non-useable Material - Material which does not meet Useable Material specification.

I. Dominant Trees. Crowns extend above the general level of crown cover of other trees of the same stratum and are not physically restricted from above, although possibly somewhat crowded by other trees on the sides.

J. Co-dominant Trees. Crowns form a general level of crown stratum and are not physically restricted from above, but are more or less crowded by other trees from the sides.

K. Intermediate Trees. Trees are shorter, but their crowns extend into the general level of dominant and co-dominant trees, free from physical restrictions from above, but quite crowded on the sides.

L. Specialty Products. Products such as post and poles, house logs or as specified by the CO in the task order.

M. Suppressed Trees. Crowns are entirely below the general level of dominant and co-dominant trees and are physically restricted from immediately above.

N. Superior Tree. A tree selected for genetic superiority for future seed collection. Identified by an orange band painted at DBH.

O. Snag. – Standing dead tree greater than 12 inches DBH. Not to be cut except as needed for safety. If cut for safety reasons, shall be left as a wildlife log.

P. Wildlife logs - Any log greater than 12 inches in diameter on the small end and at least 8 feet in length.

7. WORK SCHEDULE

The Government may specify the priority of work by Project Area(s) or Treatment Unit(s).

In order to observe the work in progress, the Contractor shall notify the CO 24 hours in advance of changes in their established work schedule. Failure to notify the Government in changes to the established work schedule may result in the assessment of administrative costs.

Some project areas may have seasonal use restrictions. See the DUIS for units with motorized access or other timing restrictions.

8. GOVERNMENT QUALITY ASSURANCE PLAN

The Government will conduct visual inspections before, during and after operations to check compliance with the contract requirements for:

a. All transport, accountability, treatment and resource specifications are met.

b. All safety items as listed in clause entitled “SAFETY” are mitigated whenever present.

c. Operations follow approved work schedule.

Contractor shall correct all work that fails to meet contract requirements at no additional cost to the Government.

APPENDIX B

Timber Disposal Specifications – Applicable to material in Schedule of Items, B.2

1. AMOUNT PAYABLE FOR TIMBER

Contractor shall pay to USDA Forest Service the total value for products when a task order is executed or on a prearranged schedule as accepted by the CO. Additional timber shall be paid for prior to delivery.

2. STATUTORY COMPLIANCE

Contractor agrees to conduct operations under this contract and other related business activities in compliance with Federal, State and local statutes, standards, orders, permits or other regulations.

3. LOG EXPORT AND SUBSTITUTION RESTRICTIONS

The contract requires domestic processing of included timber except for species declared to be surplus, and prohibits the use of such included timber in substitution for unprocessed private timber exported. The contractor, by signing the offer for advertised timber, certifies compliance with the applicable prohibitions against export and substitution prescribed in the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620, et seq.).

4. TITLE PASSAGE

All right, title, and interest in and to timber shall vest in Contractor when it has been paid for and delivered to Contractor’s delivery location (gate).

5. LIABILITY FOR LOSS

If timber is destroyed or damaged the party holding the title shall bear the value loss resulting from such destruction or damage.

6. DELIVERY

Unless otherwise agreed, Forest Service will deliver the estimated quantity to Contractor between the dates specified in the task order, 0600 to 1600, Monday thru Friday.

7. MEASUREMENT

Contractor shall provide Forest Service with weight and product summaries of delivered material.

8. MATERIAL SPECIFICATIONS

Saw material – For Ponderosa Pine the minimum length is 16.5 feet, minimum top dib is 8 inches, 40% net of gross. For mixed conifer the minimum length is 16.5 feet, minimum top dib is 6 inches, in 8 foot and 9 foot multiples, 40% net of gross.

Non-saw material – minimum length is equal to or greater than 12 feet, minimum small end diameter is equal to or greater than 2 inches, 40% net chippable.