Brundage VMP Appendices.doc

Brundage VMP Stewardship

Appendix A

Stewardship activities Performance of Stewardship activities shall be in accordance with the following Specifications and Special Contract Requirements.

Stewardship activities as shown in the Stewardship Activity Map shall be performed when authorized in writing by the Contracting Officer. Such authorization may be for all or a portion of the quantity shown. Upon written request, additional activities shall be authorized; however, the Contracting Officer shall not be obligated to authorize additional activities if three or more authorized activities remain uncompleted. The Contracting Officer shall not be obligated to authorize additional activities at any time if in his/her opinion it is estimated there is insufficient value of remaining designated timber to cover the value of additional activities. For each Stewardship Activity, the Contractor will be responsible for a ½ acre test plot, in which ½ acre of the specified Stewardship Activity is conducted and submitted for inspection, before completing the remaining acres.

Mandatory Item – Thin, Lop and Remove

Thin trees from 4.5 feet tall to 7.9 inch in diameter, and Removal of 3 inch d.b.h. to 7.9 inch d.b.h. trees in units # 1-22 ac, 2-39 ac, 13-31 ac,15-20 ac,17-2 ac, 23-2 ac, 94-12 ac, 151-5 ac, 161-4 ac, 162-1 ac. Total acres 138.

A. SCOPE OF THIS ACTIVITY

This activity consists of pre-commercial tree thinning, lopping, scattering slash of all cut trees from 4.5 feet tall to 2.9 inches D.B.H; all Cut trees 3.0 inches D.B.H to 7.9 inches D.B.H on slopes less than 45 percent shall be removed, including limbs, to the log landing. This includes related work in compliance with the terms, specifications and provisions in this contract. This includes furnishing all labor, equipment, supervision, transportation, supplies, and incidentals.

B. LOCATION AND DESCRIPTION

The work is located on the McCall Ranger District of the Payette National Forest in Adams County, Idaho. The Stewardship Activity Map shows the location of these units. Exterior boundaries are marked in the field with orange paint on boundary trees.

C. SCHEDULING OF OPERATIONS.

Unless otherwise agreed, contractor shall complete required slash work on units within 90 calendar days of initiating work.

D. TECHNICAL REQUIREMENTS

1. Desired End Results:

The desired end result of the pre-commercial thinning, and removal is to thin, and remove material from the units to increase growth and reduce fire risk by reducing ladder fuels.

2. Obligations of the Contractor

Before work begins on this Stewardship Activity, the Purchaser shall designate, in writing, the person, or persons who shall represent the Purchaser during any absence from the project site. In the designation, the Purchaser shall describe the areas of responsibility assigned to the representative. Designated representative(s) shall be fully conversant in the English language, and shall be able to fully communicate with all parties.

3. Definition of Terms

Activity slash – Boles and branches of cut trees created from work under this provision.

Average Spacing - The average distance between leave trees.

Bole - The main stem portion of a tree.

Buffer - A strip of uncut trees, commonly separating or bordering sensitive areas such as streams or riparian zones.

Co-dominant Crown Class - Trees that are not as tall as dominants, with crowns receiving overhead light. They may be confined laterally by dominants and usually make up the main canopy with the dominants.

Conifer - A cone-bearing tree with needles.

Crook - A defect in trees, consisting of an abrupt curvature or bend.

Crown - That portion of a tree that has green needles or leaves.

Crown Ratio – The ratio of the crown length to total tree height.

Cull Trees - For the purpose of this provision, cull trees are defined as:

1. Diseased Trees

(a) Any ponderosa pine between 4.5 feet tall to 7.9 inches d.b.h. with evidence of western gall rust in the bole of the tree (trees with branch infections only are acceptable leave trees where they are the best tree to leave).

(b) Any tree between 4.5 feet tall to 7.9 inches d.b.h. with dwarf mistletoe present on the tree.

2. Damaged Trees – any conifer tree between 4.5 feet tall to 7.9 inches d.b.h. with any of the following characteristics:

(a) Three or more tops in the live crown, or dead or broken out tops of the bole (double topped trees are acceptable leave trees only where they are the best tree to leave.

(b) Bent over or leaning more than 30 degrees from vertical.

(c) Bole damage where the bark is removed from more than 50 percent of the tree’s stem circumference for ponderosa pine, Douglas-fir, and western larch and more than 33 percent for grand fir, alpine fir, lodgepole pine, and Englemann spruce.

Cut-tree – Trees between 4.5 feet tall to 7.9 inches d.b.h., not chosen as a leave tree; trees designated for removal from the stand. Trees marked for boundaries (orange paint) shall not be cut.

d.b.h. - (Diameter at Breast Height) - Diameter of the bole measured at a point 4-1/2 feet above the ground level on the uphill side of a tree.

Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, fire and/or equipment; evidenced by such things as dead or broken tops or boles, crooks, cat-faces, and scars.

Dominant Crown Class - Trees that are somewhat above the general level of the canopy and are exposed to full sunlight from above and to a certain extent laterally.

Dripline – The line extending vertically from the exterior edge of a tree’s live crown to the ground.

Excess Trees - Uncut trees that do not meet specifications and should have been cut.

Excessive Damage - Damage caused by Contractor to leave trees in excess of contract specifications. Excessive damage will include damage to the bole of the tree where the wood is exposed, broken out tops, root damage as evidenced by lean or splitting of the bole, and any tree pushed out of the soil.

Existing slash - Debris created prior to work under this contract (both natural and as a result of previous activities).

Girdling - A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

Hang-up Tree - Any tree with one end suspended more than 3 feet off the ground.

Intermediate Crown Class - Trees that are below the main canopy level, and receive direct sunlight only through holes in the canopy. All trees of this class are subject to strong lateral competition.

Leave Islands – Areas in which no treatment occurs.

Leave Tree - Any tree that is selected or required to be left standing as provided in the specifications. Conifers planned to become part of the forest canopy in the long term

Live Limb - A branch, that exceeds 2.0 inches in length, with green needles growing from it.

Minor Damage - Crooks in the trunk, which are, offset less than 3 inches from the long axis and within 13 feet of the ground, no forks, broken top, or bark damage extending more than one-fourth of the circumference of the tree.

Missing Leave Trees - Those trees cut that should have been left.

Pruning - – The removal, close to the branch collar, of side branches (live or dead) from a tree.

Riparian Conservation Area (RCA) – An area adjacent to a stream, lake, or wetland that supports riparian vegetation, and/or influences the characteristics of the stream, lake, or wetland.

Riparian Vegetation – The vegetation bordering watercourses, lakes, bogs, and seeps.

Roads - The area between the outside edges of the fill-slope and back-slope.

Slash - Limbs and boles of down trees.

Snag - Any dead standing tree.

Spacing - The horizontal distance from the bole of one leave tree to the bole of another leave tree.

Sweep - Gentle curvature in the bole of a tree.

Thinning - The removal of trees to accelerate diameter growth on residual trees by reducing competition for moisture, nutrients, and sunlight.

Understory - The trees 7.9 inches D.B.H., or 6.9 inches D.B.H. for lodgepole pine.

Unit – An area of where contract work will be completed. Unit numbers and estimated sizes are listed in Purchaser’s Stewardship Activity Table. Actual acres will be measured.

Windrow – brushwood, slash, etc., concentrated along a line, to clear the intervening ground.

4. Pre-Commercial Thinning and Removal Specifications

During all operations, care shall be taken to minimize damage to leave trees. Damage to leave trees by contractors operations shall be counted as a deficient tree.

a. Pre-Commercial Thinning Specifications

Only trees that are a minimum of four feet six inches (4 ½) tall to 7.9 inches D.B.H. shall be considered for cutting for all species except lodgepole pine. Lodgepole pine shall be considered for cutting only if it is 6.9 inches in diameter.

Trees designated for cutting:

Cut all trees within the drip-line of trees larger than 8 inches D.B.H.

Cut all trees with less than 50% crown ratio.

Cut all diseased or damaged trees.

Cut the remaining trees to a spacing of 20 feet between boles, except clumps to 7.9 inches D.B.H. growing 75 feet or greater from any tree greater than 8 inches D.B.H.

Favor to leave in order of preference: Ponderosa pine, Douglas-Fir, Western Larch, Englemann Spruce, Lodgepole pine, Grand fir, Subalpine fir. Except Unit 1 the 10 acres of patch cuts that will be planted (as determined by the COR) cut all Grand Fir and Subalpine fir.

Spacing on individual trees may be varied up to 25% to select the most desirable tree. There will be no variance in the distance for leave clumps.

Trees may be cut using a feller-buncher. Felling and removal shall be done concurrently with felling and removal of the Sawtimber. Trees selected to be cut shall be cut at or below four (4) inches above the ground level. If natural obstacles prevent cutting the bole at 4 inches, then the stump shall not exceed six (6) inches above the obstacle. All live limbs shall be removed from the stump. Stumps shall be cut horizontally.

All roads within these units shall be kept free of cut material.

b. Removal Specifications

Removal shall be done concurrently with removal of the Sawtimber.

c. Lopping Specifications

Contractor shall lop the four feet six inches (4.5) tall and 7.9 inches D.B.H. thinned trees in units # 1, 2, 13, 15, 17, 23, 94, 151, 161, and 162 as shown on the Stewardship Activity Map. Cut trees 4.5 feet tall to 7.9 inches D.B.H on slopes over 45 percent shall be lopped and scattered All limbs cut from the top and boles will not extend over 2 feet in height above the ground.

E. INSPECTION AND ACCEPTANCE

NOTE: THE CONTRACTOR SHALL PROVIDE AN INSPECTION SYSTEM THAT ASSURES WORK HAS BEEN DONE TO THE SPECIFICATIONS, BEFORE REQUESTING A GOVERNMENT INSPECTION.

The Government will make periodic visual inspections of the entire unit to determine adherence to the specifications. If the visual inspection indicates unsatisfactory work, then a series of plots, as outlined below for pre-commercial thinning and lopping will be taken to determine the quality of the work performed. The Contractor or designated representative is encouraged to observe the inspection and will receive inspection summaries upon request.

Each unit as designated on the Stewardship Activity Map will be inspected as a separate unit for acceptance or Conservation Credit. Each sub-item (pre-commercial thinning and lopping) will be inspected separately and the average percent quality of these two items will be used to determine overall unit quality.

1. Pre-Commercial Thinning Inspection

a. Inspection

The Government will make periodic visual inspections of the entire unit to determine adherence to the specifications. If the visual inspection indicates unsatisfactory work, then a series of plots, as outlined below, will be taken to determine the quality of the work performed. The Contractor or designated representative is encouraged to observe the inspection and will receive inspection summaries upon request.

The Government will inspect units reported completed for acceptance, as follows:

a. Each Unit, as designated on the attached maps and described in the Schedule of Items, will be visually inspected separately to determine adherence to the specifications. If the visual inspection indicates unsatisfactory work, then a series of plots, as outlined below, will be taken to determine the quality of work performed.

b. The inspector will mark a series of 1/20-acre (26.33 ft. horizontal plot radius) plots on the ground. Plot center will be located and marked on the ground. The number of plots to be taken will be based on the unit’s treatment size:

· Treatment areas less than 2 acres = 4 plots per acre with a minimum of 4 plots total.

· Treatment areas greater than 2 acres = 2 plots per acre with a minimum of 8 plots total and a maximum of 16 plots total.

c. Plots will be randomly distributed over the entire acreage within each pay item. When indicated on the Schedule, units will be combined for purposes of inspection and payment.

d. Each tree (including stumps) on each plot will be examined, and each tree will be classified as a Satisfactory Tree (tree meets specifications), a Category “A” Tree (tree does not meet specifications, and is not correctable), or a Category “B” Tree (tree does not meet specifications, and is correctable). See the following tables. Additionally, the following information will be collected:

1. Number of trees on plot.

2. Number of Satisfactory trees.

3. Number of Category “A” trees.

4. Number of Category “B” trees

SATISFACTORY TREES

INSPECTION CODE

CATEGORY "A" TREES

CATEGORY "B" TREES

b. Thinning Quality Calculation

The Government will use the above information to compute the tree thinning quality using the following formula:

Thinning quality (percent)=(#Satisfactory trees/#Trees on Plot) X 100

Percentage of thinning quality as calculated above will be rounded up to the nearest whole percent.

c. Rework and Reinspection After Rework

When inspection results are below 90 percent and Category “B” trees constitute a part of the deficiency, payment will not be made until the Category “B” trees have been corrected, unless the Contracting Officer determines Category “B” trees to be minor or an isolated situation that will not result in any material differences in the thinning quality. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by the rework.

Reinspection of Thinning Upon Contractor Request. If the original inspection results are unacceptable to the contractor and a second inspection is requested without rework, the same inspection procedure will be used. However, the inspection pattern will be shifted. If the second inspection shows less than 5 percentage point improvement from the first inspection, the Contractor shall pay the cost of the second inspection, and the result of the first inspection will be used in determining payment. Requests for reinspection must be made in writing.

F. DELIVERIES OR PERFORMANCE

Additional Deliveries or Performance Requirements

a. Performance Period. Task orders will include the performance period.

b. The Government will issue a Task Order as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified in the Task Order.

c. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specifications during the period November 1 to May 1

G. CONTRACT ADMINISTRATION DATA

1. Liquidated Damages

It is understood and agreed that when inspection determines Stewardship Activities quality is below 90 percent and rework would not bring Stewardship Activities quality above 90 percent, Contractor would not receive payment for pay item. Alternatively, if quality of Stewardship Activities falls below 90 percent and is not corrected, the Government may terminate this contract in whole or in part under the Termination for Default Clause. In that event, the Contractor will be liable for fixed and agreed liquidated damages on all Stewardship Activities acres where Stewardship Activities quality is less than 90 percent.

2. Method of Payment.

Payment, less deductions will be made for completed pay items at the unit contract price wherever the average thinning and lopping quality is 90 percent or above, based on inspection as outlined above. Where inspection determines the average thinning and lopping quality is below 90 percent and rework would not bring average thinning and lopping quality above 90 percent, Contractor would not receive payment for pay item. Where average thinning and lopping quality is below 90 percent and rework would bring quality to or above 90 percent, Contractor would not be responsible for second inspection costs. However, if second inspection indicates percent is still below 90 percent, Contractor shall pay for the actual costs of reinspection.

3. Conservation Credit After inspection of completed acreage, the Contracting Officer must calculate the Conservation Credit amount.

The Conservation Credit amount must be calculated by multiplying the number of acres times the Stewardship Activity Offer unit price per acre when the quality of the Stewardship Activities is equal or greater than 90 percent. No Conservation Credits will be established if Stewardship Activities quality is below 90 percent.

Conservation Credit shall be made on a completed unit basis only, unless otherwise approved in writing by the Contracting Officer.

Mandatory Item thinning, lop, AND SCATTER

Thin and lop trees from a minimum 4.5 feet tall to 7.9 inches d.b.h. in all or portions of timber harvest units # 1-22 ac, 13-13 ac, 15-5 ac, 17-2 ac, 17R-6 ac, 23-2 ac, 23R-8 ac, 31-4 ac, 32-9 ac, 33-9 ac, 34-8 ac, 92R-2 ac, 94-3 ac, 94R-3 ac, 151-1 ac, 51R-4 ac, 152-1 ac, 52R-6 ac, 61R-3ac,and 162-1 ac. Total 112 acres

This activity consists of pre-commercial tree thinning, lopping, scattering slash, cut trees 4.5 feet tall to 7.9 inches D.B.H on slopes over 45 percent shall be lopped and scattered, and related work in compliance with the terms, specifications and provisions in this contract. This includes furnishing all labor, equipment, supervision, transportation, supplies, and incidentals.

B. LOCATION AND DESCRIPTION

The work is located on the McCall Ranger District of the Payette National Forest in Adams County, Idaho. The Stewardship Activity Map shows the location of these units. Exterior boundaries are marked in the field with orange paint on boundary trees.

C. SCHEDULING OF OPERATIONS.

Unless otherwise agreed, contractor shall complete required slash work on units within 90 calendar days of initiating work.

The desired end result of the pre-commercial thinning, lopping, and scattering is to thin the units to increase growth and reduce fire risk by reducing ladder fuels.

Before work begins on this Stewardship Activity, the Purchaser shall designate, in writing, the person, or persons who shall represent the Purchaser during any absence from the project site. In the designation, the Purchaser shall describe the areas of responsibility assigned to the representative. Designated representative(s) shall be fully conversant in the English language, and shall be able to fully communicate with all parties.

4. Pre-Commercial Thinning and Lopping Specifications

During all operations, care shall be taken to minimize damage to leave trees. Damage to leave trees by contractors operations shall be counted as a deficient tree.

a. Pre-Commercial Thinning Specifications

Only trees that are a minimum of four and one half (4.5) feet tall and less than eight (8) inches D.B.H. shall be considered for cutting.

Trees designated for cutting:

Cut all trees within the drip-line of trees larger than 8 inches D.B.H.

Cut all trees with less than 50% crown ratio.

Cut all diseased or damaged trees.

Cut the remaining trees to a spacing of 20 feet between boles, except clumps less than 3 inches D.B.H. growing 75 feet or greater from any tree greater than 8 inches D.B.H.

Favor to leave in order of preference: Ponderosa pine, Douglas-Fir, Western Larch, Englemann Spruce, Lodgepole pine, Grand fir, Subalpine fir. Except Unit 1 the 10 acres of patch cuts that will be planted (as determined by the COR) cut all Grand Fir and Subalpine fir.

Spacing on individual trees may be varied up to 25% to select the most desirable tree. There will be no variance in the distance for leave clumps.

Trees selected as cut trees shall be cut at or below four (4) inches above the ground level. If natural obstacles prevent severing the bole at that point, stump height shall not exceed four (4) inches above the obstacle. All live limbs shall be removed from the stump. Stumps shall be cut horizontally.

Trees shall be directionally felled away from residual trees, improvements, RCA’s, meadows, or private property. Such directional felling shall not be required when in the faller’s judgment it is unsafe to do so, and the tree shall be left standing.

Material to be cut within 50 feet of the boundary of a unit shall be felled toward the center of the unit, where it is safe to do so. Any material that falls outside of the unit shall be returned to a minimum of 20 feet inside the boundary. All roads within these units shall be kept free of cut material. Cut vegetation shall be felled along the contour as much as possible for water runoff soil movement protection.

c. Lopping Specifications

Contractor shall lop the (4.5) four and one half feet tall to 7.9 inch d.b.h. thinned trees as shown on the Stewardship Activity Map.

All limbs cut from the top and boles will not extend over 2 feet in height above the ground. Slash will be scattered or pulled away from the boles of residual trees.

E. INSPECTION AND ACCEPTANCE

NOTE: THE CONTRACTOR SHALL PROVIDE AN INSPECTION SYSTEM THAT ASSURES WORK HAS BEEN DONE TO THE SPECIFICATIONS, BEFORE REQUESTING A GOVERNMENT INSPECTION.

The Government will make periodic visual inspections of the entire unit to determine adherence to the specifications. If the visual inspection indicates unsatisfactory work, then a series of plots, as outlined below for pre-commercial thinning and lopping will be taken to determine the quality of the work performed. The Contractor or designated representative is encouraged to observe the inspection and will receive inspection summaries upon request.

Each unit as designated on the Stewardship Activity Map will be inspected as a separate unit for acceptance or Stewardship Credit. Each sub-item (pre-commercial thinning and lopping) will be inspected separately and the average percent quality of these two items will be used to determine overall unit quality.

1. Pre-Commercial Thinning Inspection

a. Inspection

The Government will make periodic visual inspections of the entire unit to determine adherence to the specifications. If the visual inspection indicates unsatisfactory work, then a series of plots, as outlined below, will be taken to determine the quality of the work performed. The Contractor or designated representative is encouraged to observe the inspection and will receive inspection summaries upon request.

The Government will inspect units reported completed for acceptance, as follows:

e. Each Unit, as designated on the attached maps and described in the Schedule of Items, will be visually inspected separately to determine adherence to the specifications. If the visual inspection indicates unsatisfactory work, then a series of plots, as outlined below, will be taken to determine the quality of work performed.

f. The inspector will mark a series of 1/20-acre (26.33 ft. horizontal plot radius) plots on the ground. Plot center will be located and marked on the ground. The number of plots to be taken will be based on the unit’s treatment size:

· Treatment areas less than 2 acres = 4 plots per acre with a minimum of 4 plots total.

· Treatment areas greater than 2 acres = 2 plots per acre with a minimum of 8 plots total and a maximum of 16 plots total.

g. Plots will be randomly distributed over the entire acreage within each pay item. When indicated on the Schedule, units will be combined for purposes of inspection and payment.

h. Each tree (including stumps) on each plot will be examined, and each tree will be classified as a Satisfactory Tree (tree meets specifications), a Category “A” Tree (tree does not meet specifications, and is not correctable), or a Category “B” Tree (tree does not meet specifications, and is correctable). See the following tables. Additionally, the following information will be collected:

1. Number of trees on plot.

2. Number of Satisfactory trees.

3. Number of Category “A” trees.

4. Number of Category “B” trees

SATISFACTORY TREES

INSPECTION CODE

CATEGORY "A" TREES

CATEGORY "B" TREES

b. Thinning Quality Calculation

The Government will use the above information to compute the tree thinning quality using the following formula:

Thinning quality (percent)=(#Satisfactory trees/#Trees on Plot) X 100

Percentage of thinning quality as calculated above will be rounded up to the nearest whole percent.

c. Rework and Reinspection After Rework

When inspection results are below 90 percent and Category “B” trees constitute a part of the deficiency, payment will not be made until the Category “B” trees have been corrected, unless the Contracting Officer determines Category “B” trees to be minor or an isolated situation that will not result in any material differences in the thinning quality. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by the rework.

Reinspection of Thinning Upon Contractor Request. If the original inspection results are unacceptable to the contractor and a second inspection is requested without rework, the same inspection procedure will be used. However, the inspection pattern will be shifted. If the second inspection shows less than 5 percentage point improvement from the first inspection, the Contractor shall pay the cost of the second inspection, and the result of the first inspection will be used in determining payment. Requests for reinspection must be made in writing.

2. Lopping Inspection

a. Inspection

Acceptance for lopping shall be determined by an inspection of the units and shall be based on adherence to the specifications for lopping. Nonconformance with any of the specifications will classify the treatment as unsatisfactory.

b. Lopping Quality Calculation

The Government will use the above information to compute the lopping quality using the following formula:

Lopping quality (percent)=(# Satisfactory plots/# Plots inspected) X 100

Percentage of lopping quality as calculated above will be rounded up to the nearest whole percent.

c. Rework and Reinspection After Rework

When inspection results fall below 90 percent, payment will not be made until the lopping deficiency has been corrected. Reinspections after rework will be made in the same manner as the first inspection but on different plot lines. The contractor shall pay for inspections necessitated by the rework.

Reinspection of Lopping Upon Contractor Request. If the original inspection results are unacceptable to the contractor and a second inspection is requested without rework, the same inspection procedure will be used. However, the inspection pattern will be shifted. If the second inspection shows nonconformance with the specifications, the Contractor shall pay the cost of the second inspection, and the result of the first inspection will be used in determining payment. Requests for reinspection must be made in writing.

F. DELIVERIES OR PERFORMANCE

Additional Deliveries or Performance Requirements

d. Performance Period. Task orders will include the performance period.

e. The Government will issue a Task Order as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified in the Task Order.

f. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specifications during the period November 1 to May 1

G. CONTRACT ADMINISTRATION DATA

1. Liquidated Damages

It is understood and agreed that when inspection determines Stewardship activities quality is below 90 percent and rework would not bring Stewardship activities quality above 90 percent, Contractor would not receive payment for pay item. Alternatively, if quality of Stewardship activities falls below 90 percent and is not corrected, the Government may terminate this contract in whole or in part under the Termination for Default Clause. In that event, the Contractor will be liable for fixed and agreed liquidated damages on all Stewardship activities acres where Stewardship activities quality is less than 90 percent.

2. Method of Payment.

Payment, less deductions will be made for completed pay items at the unit contract price wherever the average thinning and lopping quality is 90 percent or above, based on inspection as outlined above. Where inspection determines the average thinning and lopping quality is below 90 percent and rework would not bring average thinning and lopping quality above 90 percent, Contractor would not receive payment for pay item. Where average thinning and lopping quality is below 90 percent and rework would bring quality to or above 90 percent, Contractor would not be responsible for second inspection costs. However, if second inspection indicates percent is still below 90 percent, Contractor shall pay for the actual costs of reinspection.

3. Stewardship Credit After inspection of completed acreage, the Contracting Officer must calculate the Stewardship Credit amount.

The Stewardship Credit amount must be calculated by multiplying the number of acres times the Stewardship Activity Offer unit price per acre when the quality of the Stewardship activities is equal or greater than 90 percent. No Stewardship credits will be established if Stewardship activities quality is below 90 percent.

Stewardship Credit shall be made on a completed unit basis only, unless otherwise approved in writing by the Contracting Officer.

*Mandatory Item – Chip and Removal Chipping and removal of activity slash from the landings in all units.

The activity consist of chipping and removing from National Forest System land all slash created from the yarding and processing of all Included timber and other related work as required by the terms of this contract. In addition to the slash created from Included timber it will also include all slash resulting from the removal of the sub-merchantable material in designated units. This includes furnishing all labor, equipment, supervision, transportation, supplies and incidentals. Piles must be totally chipped except for material that will be left to meet the requirements described in provision K-F.3.4# - Obliteration of Temporary Roads, Skid Trails and Landings, and K-G.7# Slash Treatment (4/03), or as agreed to in writing from the COR.

B. LOCATION AND DESCRIPTION

The Contract Area Map shows the location of the harvest units considered for this activity. Exterior boundaries are marked in the field with orange paint on the boundary trees.

Slash is all limbs and any bole material that is not merchantable from both the timber included in A2 and sub-merchantable trees that may be required to be removed.

C. SCHEDULING OF OPERATIONS.

Unless otherwise agreed, contractor shall complete the removal of slash from those units authorized by the Contracting Officer prior to termination of this contract except for the units described in provision K-G.3.1.2#. Contract Operation Restrictions which requires slash removal within a specified time frame.

The desired end result of the chipping and removal of slash material is to decrease the slash piles and generate a market for small diameter material and chips and reduce adverse effects from burning slash.

Before work begins on this Stewardship Activity, the Contractor shall designate, in writing, the person, or persons who shall represent the Contractor during any absence from the project site. In the designation, the Contractor shall describe the areas of responsibility assigned to the representative. Designated representative(s) shall be fully conversant in the English language, and shall be able to fully communicate with all parties.

3. Definition of Terms

Activity slash – Boles and branches of cut trees of both Included Timber and sub-merchantable trees.

Sub-Merchantable trees – Trees that are of lessor size than is required to be cut in Provision A2.

Ton – 2000 pounds of material weight.

4. Chipping and Slash Removal Specifications

Contractor shall chip and remove material from the landing and remove from National Forest System lands. Material to be removed is slash from timber included in A2 and designated for cutting in K-C.3.5.1 and any slash from sub-merchantable trees that may be required to be removed. Contractor shall not intentionally break or cut pieces into smaller pieces in order to avoid removal.

Care shall be taken to minimize damage to leave trees. Damage to leave trees by contractors operations shall be counted as a deficient tree.

E. INSPECTION AND ACCEPTANCE

NOTE: THE CONTRACTOR SHALL PROVIDE AN INSPECTION SYSTEM THAT ASSURES WORK HAS BEEN DONE TO THE SPECIFICATIONS, BEFORE REQUESTING A GOVERNMENT INSPECTION.

Each unit as designated on the Stewardship Activity Map will be inspected as a separate unit for acceptance or Stewardship Credit.

1. Inspection

A. Inspection and Acceptance - The Contracting Officer or his representative shall make periodic inspections. The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

Ocular estimates of slash piles shall be made to determine if the required amount of slash is present.

Piles must be totally chipped except for material that will be left to meet the requirements described in provision K-F.3.4# - Obliteration of Temporary Roads, Skid Trails and Landings or as agreed to in writing from the COR.

2. Rework and Reinspection After Rework

If the work is unacceptable the Contractor will remove more slash. Stewardship credits will not be awarded unless the work is satisfactory

G. CONTRACT ADMINISTRATION DATA

1. Liquidated Damages

It is understood and agreed that when inspection determines this Stewardship Activity quality is below 90 percent and rework would not bring Stewardship Activity into compliance, Contractor would not receive payment for pay item. Alternatively, if quality of Stewardship Activity falls is not corrected, the Government may terminate this contract in whole or in part under the Termination for Default Clause. In that event, the Contractor will be liable for fixed and agreed liquidated damages on this Stewardship Activity acres where Stewardship Activity quality is not satisfactory.

2. Method of Payment.

Payment, less deductions will be made for completed pay items at the unit contract price wherever the residual activity slash material removal is 90 percent or above, based on inspection as outlined above. Where inspection determines the residual activity slash material removal quality is below 90 percent and rework would not bring the residual activity slash material removal quality above 90 percent, Contractor would not receive payment for pay item. Where the residual activity slash material removal quality is below 90 percent and rework would bring quality to or above 90 percent, Contractor would not be responsible for second inspection costs. However, if second inspection indicates percent is still below 90 percent, Contractor shall pay for the actual costs of reinspection.

3. Stewardship Credit After inspection of completed landing site, the Contracting Officer must calculate the Stewardship Credit amount.

The Stewardship Credit amount must be calculated by multiplying the number of tons removed times the Stewardship Activity Offer unit price per ton when the quality of the Stewardship Activity is acceptable. No Stewardship credits will be established if Stewardship Activity quality is not acceptable.

Stewardship Credit shall be made on a completed unit basis only, unless otherwise approved in writing by the Contracting Officer.

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

*B.0 CONTRACT AREA

*B.1 Contract Area Map

*B.2 Claims

*C.0 TIMBER SPECIFICATIONS

*C.1 Included Timber

*C.1.1 Standard Timber

*C.1.2 Substandard Timber

*C.1.3 Damaged Timber

*C.1.3.1 Damaged by Contractor

*C.1.3.2 Negligent or Willful Damage

*C.1.3.4 Minor Damage by Natural Causes

*C.1.4 Unintentionally Cut Timber

*C.1.6 Other Material

*C.2 Utilization and Removal of Included Timber

*C.3 Timber Designations

C.3.2 Construction Clearings

*C.3.2.2 Other Authorized Clearings

C.3.5 Individual Trees

*C.3.7 Minor Changes

*C.4 Volume Estimate

*D.0 RATES OF PAYMENT

*D.1 Current Contract Rates

*D.4 Other Payment Rates

*D.4.1 Material and Quantities Not in Division A

*D.4.2 Timber Cut Through Mistake

*D.4.2.1 Designated Timber Cut But Not Removed

*D.4.3 Undesignated Timber Damaged Without Negligence

*D.4.4 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut

*D.4.5 Liquidated Damages

*D.4.7 Defect Caused by Abnormal Delay

*E.0 PAYMENTS

*E.1 Amount Payable for Timber

*E.2 Integrated Resource Account

*G.0 OPERATIONS

*G.4 Conduct of Logging

*G.4.1 Felling and Bucking

*G.4.1.1 Felling in Clearings

*G.4.1.2 Stump Heights

*G.4.1.3 Limbing

*G.4.2 Skidding and Yarding

*G.4.2.2 Landings and Skid Trails

*G.4.2.3 Skidding on Roads

*G.6.3 Temporary Roads

*G.6.4 Landings

*G.6.5 Skid Trails and Fire Lines

*G.6.6 Current Operating Areas

*G.6.7 Erosion Control Structure Maintenance

*G.7 Slash Disposal

*G.8 Scaling

*G.8.1 Scaling Services

*G.8.1.1Sclaing Location

*G.8.1.2 Scaling Adjustments

*G.8.1.3 Delayed or Interrupted Scaling Services

*G.8.1.4 Weighing Services

*G.8.2 Presentation for Scaling

*G.8.3 Scaling Other Products

*G.8.4 Accountability

*G.8.4.1 Route of Haul

**G.8.4.2 Product Identification G.8.5 Scaling Lost Products

G.8.5.1 Scaling Lost Sample Loads

G.8.6 Scale Reports

I.0 OTHER CONDITIONS

*I.1 Title and Liability

*I.1.1 Title Passage

*I.1.2 Liability for Loss

*I.5 Sale of Other Materials

K-C.2.3.5.7# - Individual Trees (Cut Tree Marking). (4/04) K-C..3.0.1# Cutting Unit Boundaries (9/01) K-F..3.1# Road Maintenance Requirements (9/04)

K-F.3.2# Road Maintenance Deposits (9/04)

K-F..3.4# Obliteration of Temporary Roads, Skid Trails, and Landings (3/02)

K-F.4.1# - Closure to Use by Others (4/04) K-G.4.1# Felling and Bucking Objectives (11/06) K-G.4.2# Skidding And Yarding Special Objectives (11/98) K-G.7# Slash Treatment (4/03)

K-G.7.1 Change in Slash Treatments (11/98)

K-G.8.2.4# Scaling As Presented – Sales By Weight (4/04

K-G.8.3# Product Accountability (10/03)

K-G.8.5.2 Weight Of Lost Loads (11/98)

K-G.8.5.3 Loads Altered In Route (8/02)

K-G.8.4.2 Product Identification (9/04) K-I.6.8# Use of Timber (Option 1) (9/04) Division A Location and Area:

Sections 1, 12, 13, 24, and 25; T19N, R3E Sections 6, 7, 18, 19, 30, and 31. Adams County, Idaho, Boise Meridian.

Volume Estimate and Utilization Standards

Quantity * Unit of

Measure Minimum Specifications

Diameter Breast High (D.B.H.)

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

Timber Subject to Agreement

Total Quantity

10,830

1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate.

Timber Designations, acres are approximate:

Number

Acres

Clearcutting Units (C.3.1)

Overstory Removal Units (C.3.3)

Understory Removal Units (C.3.4)

Individual Trees (C.3.5, K-C.3.5.7#, K-C.3.5.6#)

Incompletely Measured (C.3)

High Stumps

(inches)

All Except Lodgepole Pine Lodgepole Pine Sawtimber Sawtimber 12 inches 10 inches

Roads

Construction of Roads and Bridges on Federal Highway Projects (2003) - English

Class Approx.

Length (mile) Sheet Numbers and Approval Date Performance Responsibility

Staking1/

Reconstruction

50452

50488

50788

50810

50811

50836

50838

50842

51090 Bear Basin

Bald Knob

Brundage Frontage

Tarfel

Ramfel

Cinnamon Bear

Baby Bear

Door

Frosty

2.9

3.9

1.5

1.3

0.6

0.6

0.2

1.3

2.8 p.9-16 1/15/2010 p.17-25 1/15/2010 p.26-27 1/15/2010 p.28-29 1/15/2010 p.30-31 1/15/2010 p.32-33 1/15/2010 p.34-35 1/15/2010 p.36-37 1/15/2010 p.38-39 1/15/2010

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

FS/BC

1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC). FS

Specification sheets with itemized construction codes also attached

Scaling Instructions and Specifications

Forest Scaling Instructions.

Scaling Specifications

Scaling Length (feet) Trim Allowance

Diameter Range (inches) Length Range (feet) Trim Allowance (inches)

Scaling Services

Unit of Measure

Estimated Cost per Unit

APPLICABLE REGIONAL CLAUSES MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CALUSES FOR SCALED TIMBER REMOVAL CONTRACTS

(Applicable to Contracts to be Measured After Felling) This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part Bl.0, Section Bl.1, Subsection Bl.11, and Item Bl.111. References to a Part include all Sections, Subsections, and Items within that Part; references to a Section include all Subsections and Items within that Section; and references to a Subsection include all Items within that Subsection. Cross references within this contract cite the reference number of the applicable Division, Part, Section, Subsection, and Item. Descriptive headings used are not to be considered in determining the rights and obligations of the parties hereunder. The Standard Clauses in this Division are subject to Specific Conditions of the contract stated in Division A. Wherever appropriate, Specific Conditions established in Division A are herein cited by reference number. References to Standard Clauses also apply to Special K Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the Brundage VMP Stewardship Contract except where otherwise specifically referenced.

B.0—CONTRACT AREA

B.1 Contract Area Map. The boundaries of “Contract Area” and any subdivision thereof are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before advertisement, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Contract Area and its approximate acreage are stated in Division A. Contract Area may be revised and additional ones may be established only by written agreement. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Subdivisions defined where timber is to be Measured or Marked after date of advertisement;

(c) Boundaries of cutting units;

(d) Areas where leave trees are Marked to be left uncut;

(e) Roads listed

(f) Sources of base course, rock riprap and surface rock;

(g) Roads where log hauling is prohibited or restricted;

(h) Roads and trails to be kept open;

(i) Improvements to be protected;

(j) Locations of known historical sites;

(k) Maximum stump heights when more than one height is listed by areas;

(l) Skidding or yarding methods specified;

(m) Streamcourses to be protected; and

(n) Other features required by Parts A through K.

B.2 Claims. Valid claims are excluded from Contract Area, except those on which timber cutting is authorized in writing by the claimant and except mining claims on which cutting is authorized by the Act of July 23, 1955 (30 USC 614). Claims that limit Contractor’s rights to operate under this contract and that Forest Service has been able to identify are shown on Contract Area Map. Contractor is not obligated to operate contrary to existing claim limitations. Forest Service shall designate boundaries of claims on the ground to the extent necessary to identify Included Timber.

C.0—TIMBER SPECIFICATIONS

C.1 Included Timber. “Included Timber” consists of:

C.1.1 Standard Timber. Live and dead trees and portions thereof that meet Utilization Standards and are designated for cutting.

C.1.2 Substandard Timber. Live and dead trees that:

(a) Do not meet Utilization Standards and

(b) Are located in Clearcutting Units or construction clearings or are otherwise designated for cutting.

C.1.3 Damaged Timber.

C.1.3.1 Damaged by Contractor. Undesignated live trees meeting Utilization Standards (a) within 200 feet slope distance from centerline of roads constructed hereunder which are damaged by Contractor's construction to the extent that considerable deterioration or mortality is imminent and are designated by Forest Service for felling before the nearest road segment is substantially completed; or (b) which are damaged by Contractor in logging and are subsequently Marked before Contractor has completed skidding or yarding operations in the immediate area. By agreement, such trees may be left without charge if their removal would cause undue damage or be grossly uneconomic.

C.1.3.2 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Forest Service.

C.1.3.4 Minor Damage by Natural Causes. Undesignated trees within Contract Area and meeting Utilization Standards, that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.

C.1.4 Unintentionally Cut Timber. Live trees, within or immediately adjacent to Contract Area or to road construction or other authorized clearing outside Contract Area, not designated for cutting but that are cut through mistake by Contractor, when included by Forest Service.

C.1.6 Other Material. Species or products not listed in the contract, upon written approval of Forest Service.

C.2 Utilization and Removal of Included Timber. “Utilization Standards” for trees and minimum pieces are stated in Division A. To meet minimum tree specifications, trees must equal or exceed tree diameters listed in Division A and contain at least one minimum piece. Except for timber required or authorized to be left, Contractor shall fell and buck such trees and shall remove from Contract Area all pieces that:

(a) Meet minimum piece standards in Division A or,

(b) Do not meet such standards, but would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

C.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as otherwise provided. Contract Area Map indicates subdivisions, if any, where Marking is to be done after advertisement, except for construction clearing, minor changes, and damaged timber. The boundaries of cutting units were plainly marked on ground before advertisement and are shown on Contract Area Map. The number of units and approximate acreage of timber designations are stated in Division A.

C.3.2 Construction Clearing. All timber is designated for cutting that is within the clearing limits of roads constructed hereunder or is in other authorized clearings. All dead or unstable live trees are designated for cutting that are sufficiently tall to reach Contractor’s landings, work areas, or the roadbed of Specified and Temporary Roads when Marked in advance of work in the immediate area.