d. Appendix_AandB_UMA_North.doc

Collaborative Restoration Stewardship Contract Attachment to AG-04R3_S-09-8113 Page 8 of 8

UMATILLA NF, NORTH HALF - APPENDIX A

Mandatory and Elective Work Items

PERFORMANCE WORK STATEMENT

This information is for a specific project. Future task orders will be separately described. The project area is located in Garfield County, Washington. Potential treatment units are located within: T.9W, R.42E Section 1-12, 14-17, 20 & 22 (W. M.) (Chicken Bone project area)

INDIVIDUAL TREE DESIGNATION. The following individual trees are marked with paint above and below stump height:

Cut Tree Marking. Individual trees to be cut are marked in all or parts of the following cutting units. Areas of cut tree marking are shown on the Contract Area Map with the symbol CTM.

Cutting Unit(s)

Paint Color

316,317,321,333,340,348,349, BLUE

377,382,386,387,388,,391,399, 400 & 402

Trees designated for cutting shall be felled so as to leave paint designation on stump. When necessary to leave paint designation on stumps, maximum stump heights set forth may be exceeded with Forest Service agreement.

Leave Tree Marking. Individual trees to be left uncut are marked in all or parts of the following cutting units. Unmarked trees meeting Utilization Standards shall be cut. Areas of leave tree marking are shown on the Contract Area Map with the symbol LTM.

Cutting Unit(s)

Paint Color

315,325,329,330,339,342, ORANGE

378,380,381,384 & 401

R1-CT2.359# - INSTRUCTIONS: Use in all contracts where windthrows and dead trees within 200 feet of live trees required to be cut are not designated.

REVISED PROVISION. REPLACES R1-CT2.359# - INDIVIDUAL TREES (CUT TREE MARKING), dated 10/04.

For use with the 6/06 contract.

Designation by Species. Within the following cutting units shown below, listed species are designated for cutting when they meet (a) utilization standards and (b) are smaller than the stump diameter listed below:

Stump diameter will be measured at 6.0 inches above ground level on the uphill side of the tree. A minimum stump height of 6.0 inches above ground level on the uphill side shall be left in the units listed above.

In addition, any trees within the cutting unit boundary that are wind thrown prior to Contractor’s logging in the immediate vicinity which meet Utilization Standards are designated for cutting.

Upon agreement with the CO, dead trees designated to be left standing may be felled when necessary for safety under the State Safety Code and other dead trees designated in their place.

The boundaries of individual cutting units are designated by solid blue flagging and three orange painted vertical stripes with one stripe facing into the cutting unit and the other two stripes facing the direction of the cutting unit boundary. Cutting area boundary tags showing the unit number are posted at the unit corners and intermittently along the unit boundary. Trees used for boundary designation are not to be cut.

2. MATERIAL FOR TRANSPORT

Only material designated for transport (useable material) in accordance with this contract will be removed from National Forest lands (see definition F). 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 Pomeroy District Office, 509-843-4621 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 Umatilla National Forest Road Use rules. The Government reserves the right to direct haul routes.

3. ACCOUNTABILITY

The following requirements are applicable to product removal permits:

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

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 shall be attached prior to removal from the immediate vicinity where loading is done. The permit shall remain attached until the load is decked at the delivery point.

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 will be listed in the task order and reviewed in advance of hauling products.

4. 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. Contractor shall paint the last 3 digits of the Product Load Permit, and a 6 X 6 or larger facsimile of the brand, on the end of a bunk log near the permit and on the back of the load.

5. 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).

6. Contractor shall stop trucks for accountability monitoring at agreed to locations, when notified by the Forest Service.

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

5. RESOURCE PROTECTION

1. No treatment shall occur within 300’ of any Class 1 or 2 streamcourse. No treatment shall occur within 150’ of any Class 3 streamcourse. Green, shade-producing trees within 1 ½ tree heights of any Class 3 stream shall not be cut.

2. Ground-based equipment may be allowed to cross Class 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 Class 4 stream, spring, seep or bog buffer area (see Definition I). See clause Streamcourse Protection for further information and requirements.

3. All Sky and Skid Roads as well as Landing locations will be approved in advance by the COR.

4. 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.

5. 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.

6. Treatment of activity slash shall be as follows:

Fell Damaged Residuals. In ALL cutting units purchaser shall fell all species not meeting utilization standards described in section AT2 that are damaged beyond recovery by the Purchaser's operations. Such trees shall be limbed to a stem diameter of approximately 3 inches, at which point the top shall be cut from the remainder of the stem. Unutilized portions shall be bucked into lengths shorter than 8 feet.

Yarding with Tops Attatched. In ALL units tops (limbs will be left attached) will be left attached to last log and yarded to the landing or other locations as designated by the Forest Service and piled after being severed from the attached log.

Temporary Road Construction Slash. Purchaser will pile slash which results from Temporary Road construction and all logging slash within the Temporary Road clearing.

Landing Slash. All slash created through the construction and use of the landing area will be machine or hand piled. Piles will be compact and free of soil. Piles will be located at least 50 feet from the dripline of live dominant trees. To the extent possible all piles will be constructed in areas accessible by a grinder.

7. Upon agreement by the Forest Service, live or dead trees designated to be left standing may be felled when necessary for safety under the State Safety Code. Unless otherwise agreed in writing, all dead trees which are required to be left standing and are felled for safety reasons shall be left on site.

6. DEFINITIONS

A. Contracting Officer - 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.

B. 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.

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

1. Standing dead (snags) or down logs and down woody material.

2. Standing live trees with limbs at or less than 5 feet from the ground and approved by the CO for cutting.

3. Diseased, damaged, suppressed trees and seedlings of any species approved by the CO for cutting.

4. Fuel Material does not include cull decks or landing piles existing prior to award.

D. Useable Material - Material removed from treatment unit(s) which is chippable / transportable material greater than 3 inches diameter on the small end and greater than 12 feet long.

F. Non-useable Material - Material removed from treatment unit(s) which does not meet Useable Material specification (see attached photos of sorted non - useable material).

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

H. Class 1, 2, and 3 Streams - Those perennial and intermittent streams which support anadromous fish and/or resident fish.

I. Class 4 Streams - Those ephemeral streams with a definite channel which serve as a cold water source for class 1, 2, and 3 streams.

M. 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.

N. 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.

O. 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.

P. Suppressed Trees. Crowns are entirely below the general level of dominant and codominant trees and are physically restricted from immediately above.

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 Data Sheets for units with motorized access or other 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 task order is executed. 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

Quantity Unit of Measure Minimum Utilization Specifications

Diameter Breast High (d.b.h.)

(inches) Number of Minimum Pieces per Tree Length (feet) Diameter Inside Bark at Small End (inches) Percent Sound

sawtimber

*Non-sawtimber products include any log or portion of a tree not meeting minimum sawtimber specifications.