MBR.WR.LTSC.Spring Creek.Stewd.Task.Order.docx

Solicitation No. AG-82X9-S-XX-XXXX (Fill In) MBR-WR LTSC Spring Creek Stewardship (WRNF)

MBR-WR LTSC SPRING CREEK STEWARDSHIP (WRNF)

B.1 SCHEDULE OF SUPPLIES/SERVICES

(Stewardship Work Activity Description)

13A

Lodgepole pine, Clearcut - Cut and remove non-sawtimber designated trees, including boles to a 3” DIB, removal of topwood and defect from designated sawtimber trees to a 3” DIB. Lop and Scatter slash. Estimated <100 trees per acre.

(Units 1A, 6, 6A, 7)

(Units 1, 4 and 5)

(Unit 2)

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

Values of timber products removed to be applied at Flat Rates

QUANTITY

Timber Subject to Agreement K-C.1.1#

See Appendix B, Division A, Volume Estimate and Utilization Standards.

SECTION C – DESCRIPTION AND SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in the master contract, in this task order and in all attachments. This task order includes project specific requirements which supplement the master contract and all attachments.

C.2 PROJECT DESCRIPTION

C.2.1 PROJECT OBJECTIVES

The objective(s) of the project which this task order is a part of are to:

· Continue mitigation of undesirable effects of a multi-million acre mountain pine beetle infestation and to augment establishment of the future forest and

· To begin rehabilitating subalpine and montane forest types to a condition more resistant to insects, disease and other disturbance mechanisms. The overall objective is to increase age class and species diversity to promote forest resilience to disturbance, watershed health and improved habitat for a variety of wildlife species.

C.2.2 DESCRIPTION OF WORK

This task order for the MBR-WR Long Term Stewardship Contract describes the contract requirement and specifications for services for a performance based, construction contract with requirements for forest product removal. Work includes performance of stewardship activities within the boundaries of this project as defined on the “MBR-WR LTSC Spring Creek Stewardship Contract Area Map” located in Appendix F. The work required by this task order includes all of the requirements in the master contract, as well as the requirements within this task order and in the attachments. These requirements include, but are not limited to:

· Lodgepole pine, Clearcut - Cut and remove non-sawtimber designated trees, including boles to a 3” DIB, removal of topwood and defect from designated sawtimber trees to a 3” DIB. Lop and Scatter slash (see Appendix A).

· Lodgepole pine. Treat designated trees between 1” and 4.9” inches DBH and treat the resulting material, including boles, limbs, and tops (see Appendix A).

· Forest product removal and related work (see Appendix B).

· Temporary Road Construction, Closure and Obliteration (see Appendix C).

· Road Maintenance T-Specifications (see Appendix D)

1. Project Area Location - The WR LTSC Spring Creek Stewardship project is located approximately 26 miles north of Silverthorne, CO and 7 miles west of Colorado State Highway 9. Treatment units are located within portions of unsurveyed Sections 7 and 18, T2S, R80W, and Sections 13, 14, 23, and 24, T2S, R81W, 6th Principal Meridian, Summit County, Colorado, and Section 22, T2S, R81W, 6th Principal Meridian, Eagle County, Colorado.

2. Access to Project Area Location – To Access the project area, go north on Colorado State Highway 9 from Silverthorne, Colorado approximately 26 miles to Grand County Road (GCR) 10 (Spring Creek Road). Go west on GCR 10 approximately 6 miles to the White River National Forest Boundary where the road turns into NFSR 23.1 (Spring Creek Road). The Contract Area boundary begins at the National Forest Boundary.

3. Timing of Access - Contractors should expect limited access to treatment areas for 2-5 months through winter and spring (See F.2 for Normal Operating Season). Other timing restrictions, such as winter recreation, elk calving and winter range protection, may restrict or prohibit operations during specified periods of the year. Refer to F.4.1.2 Contract Operating Restrictions and H.26 Use of Roads By Contractor. The Forest Service assumes no obligation to plow snow or perform special maintenance to keep access routes open for Contractor operations. The Forest Service may have to impose temporary restrictions on travel to minimize damage to and maintenance of system roads.

4. Treatment Area Ground Conditions - Treatments with ground-based equipment will occur on slopes from 0 to 35 percent (with short pitches over 35%, up to 400 feet, in areas that ground-based operations are feasible).

Cover in the area is predominantly lodgepole pine with some mixed Engelmann spruce and subalpine fir. Terrain is generally between 5 and 20% slope overall and the majority of units have favorable skidding distances averaging less than 500 feet. Some portions of units have adverse skidding distances up to 1000 feet maximum and generally average less than 500 feet.

Task Order Treatment Unit Summary – See Appendix F for Contract Area Map. The Contract Area is approximately 1459 Acres.

Treatment Unit #

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X Dead LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

Appendix A: G. Cutting and treatment of designated “Small Tree” biomass (including boles, limbs, and tops) and associated work.

Designation by Species and Diameter - D X LP 5” min.

Cut, lop and scatter lodgepole pine, small trees between 2.0-4.9” Dbh with live crowns less than 60%.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the CO. Inspection records shall be made available upon request of the CO and be maintained until the date of contract closure. The CO may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.2 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

E.3 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Inspection of the area shall be accomplished by periodic visual inspection of the unit and will be based on adherence to the contract specifications. Full payment will be made if all work in the area meets the acceptable quality level for a task. The Contractor will be required to rework the task to meet the 100% objective and may receive a lower performance rating.

E.4 PERFORMANCE WORK SUMMARY TABLE

Standard Quality Assurance Process Acceptable Quality Level

(AQL)

Incentive/Disincentive

SECTION F – DELIVERIES OR PERFORMANCE

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) prosecute the work diligently, and (b) complete the entire work ready for use not later than September 30, 2015. The time stated for completion shall include final cleanup of the premises and hauling of forest products. Timber/Product Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B and as approved by the Contracting Officer.

The Notice to Proceed will be issued no later than 30 days after award of the task order or the first day of the Normal Operating Season indicated in the task order, whichever comes first, unless stated elsewhere in the specifications or otherwise mutually agreed. The Normal Operating Season for this task order is June 20 – October 15, annually.

F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance is from task order award date to completion date. This contract terminates on September 30, 2015. Contract time for each task order will begin on the date of Award and continue consecutively for the Period of Performance.

F.4 SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 30 days from task order award and prior to issuance of a Notice to Proceed on any task order, for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed.

All schedules and reports shall be submitted to the Contracting Officer’s Representative (COR) which will be identified for each task order.

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

F.4.1 SCHEDULING OF WORK Scheduling of work identified in a task order may be restricted for reasons stated in the task order.

F.4.1.2 CONTRACT OPERATION RESTRICTIONS – Unless otherwise agreed to in writing, contract operations will be restricted as listed below:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.5 PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES, AND CAVE RESOURCES Locations of known areas 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. Special protection measures needed to protect such known areas are identified.

In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor’s operations. Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of required cross ditching.

Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites. Such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

H.6 PROTECTION OF IMPROVEMENTS

So far as practicable, Contractor shall protect Specified Roads and other improvements (such as roads, trails, telephone lines, ditches and fences):

Contractor shall keep roads and trails needed for fire protection or other purposes and designated on Contract Area Maps reasonably free of equipment and products, slash, and debris resulting from Contractor’s Operations. Contractor shall make timely restoration of any such improvements damaged by Contractor’s Operations and when necessary because of such operations shall move such improvements as specified.

H.7 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. The kinds and intensity of erosion control work done by Contractor shall be adjusted 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. Any money deposited or used for this purpose shall be treated as cooperative deposits.

H.7.1 EROSION PREVENTION AND CONTROL

A. Skidding with tractors within 100 feet of live streams shall not be permitted except in places designated in advance by Forest Service, and in no event shall skid roads be located in live or intermittent stream courses. Skid trails shall be located high enough out of draws, swales, and valley bottoms to permit diversion of runoff water to natural undisturbed forest ground cover.

B. Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy rainfall, Contractor shall inspect and open culverts and drainage structures, construct special cross ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and siltation of streams.

C. Unless otherwise agreed in writing, Contractor shall keep erosion control work current with his operations under the contract and in any case not later than 15 days after completion of skidding on each work unit.

H.7.2 EROSION CONTROL SEEDING

Following completion of operations in an area, Contractor shall seed and fertilize all exposed areas of raw soil as designated by the Forest Service on skid trails, landings, firebreaks, slides, slumps, Temporary Roads and traveled ways of Specified Roads.

Road numbers applicable to a closure are N/A. This list may include roads used by Contractor that have been effectively closed by a device located on another road. Following closure, soil on areas to be seeded shall be left in a roughened condition favorable to the retention and germination of the seed. Scarification of traveled ways listed above shall be to a minimum depth of 3.0 inches and a maximum depth of 12.0 inches.

Seed and fertilizer shall be spread evenly at the rate of N/A pounds of seed and N/A pounds of fertilizer per acre. When fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72 hours of the first.

Seeding shall be done during the period June 20 to October 15 and under the above specified conditions unless otherwise approved.

The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All States Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service.

The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of contents clearly marked on containers:

H.7.3 PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS.

In addition to the requirements of H.7.2, Contractor shall seed and fertilize areas where mineral soil is exposed as designated by the Forest Service.

Unless otherwise agreed to in writing, seeding shall be done in the early spring or fall during weather and moisture conditions favorable for quick germination and growth of the plants. Seeding shall be completed in a timely manner following the last disturbance activity by the Contractor in the disturbed area.

The Certified seed analysis reports from each container shall be provided by Contractor to the Forest Service prior to application of the seed. Seed and fertilizer shall be spread evenly at the rate of 20 pounds of seed and N/A pounds of fertilizer per acre.

When fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72 hours of the first operation. When an adequate seedbed does not exist, Contractor shall scarify to get a 2 inch loose soil seedbed, prior to seeding. The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All States Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service.

The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of contents clearly marked on containers:

H.8 PROTECTION OF LAND SURVEY MONUMENTS

Forest Service shall appropriately designate on the ground all known 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. This shall include reference monuments, corner accessories such as bearing trees, line trees and line posts. Identifying signs shall be posted by Forest Service 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.

In authorized clearings such as Clear cutting Units and road construction clearings, and in other instances where damage to survey monuments, corners, corner accessories and survey of property line markers is unavoidable, Forest Service shall arrange protective or perpetuative action which does not cause unnecessary delay to Contractor.

Contractor shall protect all known survey monuments, witness corners, reference monuments, bearing trees and line markers against avoidable destruction, obliteration or damage during Contractor's operations. Additional monuments or objects discovered on the area shall be promptly reported to the other party and shall also be protected. If any known monuments, corners, corner accessories, and survey or property line markers are destroyed, obliterated or damaged during Contractor's operations, Contractor shall employ a registered professional land surveyor to reestablish or restore at the same location the monuments, corners, corner accessories or line markers. Such surveyors shall use procedures and monumentation that accords with the Bureau of Land Management Manual of Instructions for the Survey of the Public Lands of the United States for General Land Office surveys and any applicable State statutes concerned with land surveys. Contractor's agent shall record such surveys in accordance with state survey statutes.

H.9 PROTECTION OF RESIDUAL TREES

Contractor's Operations shall not unnecessarily damage young growth or other trees to be reserved.

H.10 OPERATIONS

H.10.3 UNIT BOUNDARIES.

The boundaries of work units are designated as shown in the following table. The trees used for boundary designation are not to be cut.

Unit Boundary Designation Table

H.10.4 SLASH TREATMENT. Slash is defined as logs, tops, limbs, and other woody material, exclusive of stumps, which is created by the logging operation and remaining on the ground after logging. In areas where Contractor-created slash is intermingled and inseparable from pre-existing slash, slash disposal requirements shall apply to the pre-existing slash as well as the Contractor-created slash. Such areas are designated in the Contractor Slash Responsibility Table herein.

Slash created in the construction of Specified Roads shall not be considered as logging slash in this Section.

Unless otherwise agreed in writing, Contractor shall perform the following work described below and/or as shown on the Contract Area Map and/or Slash Disposal Map.

Forest Service and Contractor shall jointly develop a schedule for completion of slash treatment on the various portions of the contract area.

Contractor's Slash Responsibility Table

1, 1A, 2, 4, 5, 6, 6A and 7

All slash shall lie within 18 inches of the ground.

Leave a minimum of 5 tons/acre of coarse woody debris distributed across the cutting unit.

Logging slash shall be scattered away from and without unnecessary damage to residual trees. All scattered logs shall be limbed, placed away from trees and positioned so they will not roll. Other logging slash shall be scattered to reduce slash concentrations with slash being left within 18 inches of the ground and not in piles.

A landing is considered a place where any logs or products are gathered for loading. All slash accumulated at landings shall be backhauled into the cutting unit and evenly distributed; or removed. Machine piling of landing slash will be prohibited.

Wildlife piles shall have a base of 200-250 square feet and be approximately 6-12 feet high. Only trees and/or logs greater than 5.0” small end diameter shall be used. Trees and/or logs shall be stacked alternately to create gaps and spaces between the material. Wildlife piles shall be spaced evenly across cutting unit area.

Contractor will leave a minimum of 10 pieces and a maximum of 15 pieces of woody material over 8.0 inches in diameter on the large end and 12 to 20 feet in length scattered over each acre in units 1, 1A, 2, 4, 5, 6, 6A and 7.

H.10.5 CHANGE IN SLASH TREATMENTS. Slash treatment measures required in H.10.4 may be changed upon written agreement. The Forest Service shall determine the current cost of performing the work to be deleted and the work to be added. When the cost of work deleted exceeds the cost of work added, the agreement shall provide for a lump sum payment to the Forest Service for the amount of the difference. When the cost of work added exceeds the cost of work deleted, the change may be made only if the Contractor agrees to making the change with no cost adjustment.

H.10.6 TEMPORARY ROAD CONSTRUCTION SLASH DISPOSAL Slash treatment methods of Temporary Road slash shall be agreed to in writing prior to construction. Temporary Road slash shall be treated in accordance with the following:

A. All timber within the road clearing limits which contains a product meeting the minimum piece specifications stated in Division A shall be felled (not pushed over) and bucked in advance of road construction. All timber shall be felled within the clearing limits whenever it is feasible to do so.

B. Timber within the clearing limits not meeting minimum piece specifications in Division A and other debris from the clearing and grubbing operations more than 5.0 inches in diameter and 8.0 feet in length shall either be (a) utilized and removed from Contract Area, (b) burned within the right-of-way, (c) removed to designated locations shown on Contract Area Map for burying or later burning, (d) buried, (e) processed through a chipping machine, (f) scattered in such a manner as to avoid concentrations of slash and without damaging other trees or resource values, (g) windrowed (h) decked, or (i) a combination thereof.

C. All material to be treated or disposed of shall be bucked into lengths not to exceed 16 feet before being piled or buried.

D. If debris is to be burned, burning shall be complete and shall be done at such times and in a manner approved in writing by Forest Service. Residual construction slash from burning shall be buried, scattered or removed to agreed locations.

E. Debris to be buried shall be placed in prepared holes, benches, or trenches at agreed locations and covered with not less than 2 feet of native soil or rock. Slash and debris may be buried in the roadway providing hauling can be supported and providing there is little probability or hazard of slope failure.

F. If debris is to be chipped, the chips shall be spread over the surface of the ground in such a manner that their loose depth does not exceed 3 inches and does not cover over 60 % of the area. Chips may be mixed with soil within roadway.

G. Slash and debris may be scattered in those situations where the volume of slash or residual slash is relatively light and the adjacent stands of timber are sufficiently open to accommodate the scattering without damage.

H. When slash is to be windrowed, the windrow area shall be cleared. Windrows shall be placed parallel to and along the embankment toe. Windrows shall not be placed against trees.

I. If material is decked, logs not meeting Utilization Standards that are N/A inches or more in diameter shall be bucked into lengths not to exceed N/A feet and piled at agreed locations.

H.10.13 CONDUCT OF LOGGING (IN OTHER THAN ENGELMANN SPRUCE BEETLE TRAP AREAS). In order to prevent a buildup of endemic to epidemic populations of Engelmann Spruce Beetle in and adjacent to the Contract Area, felled live Engelmann Spruce trees other than those within designated Engelmann Spruce Beetle Trap Areas (H.10.12) shall be removed from the Contract Area by no later than October 31 of the year following felling, unless otherwise agreed to in writing. (Trees felled in one calendar year must be removed by October 31, of the following year.)

In the event Contractor has elected Forest Service construction of specified roads and upon notification by the Forest Service that live Engelmann Spruce, road right-of-way timber is available for removal, Contractor shall remove such timber within 45 days during the normal operating season.

If Contractor does not plan to operate the contract and (1) volumes are minor making the removal grossly uneconomical and/or (2) Engelmann Spruce beetle population is such that by not removing will not cause a significant buildup in the population, this requirement may be waived in writing by the Forest Service.

No part of this provision shall be cause for Contract Term Adjustment or Contract Term Extension.

H.11 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.

H.11.2 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. Pieces meeting Utilization Standards from such dead or un-stable live trees shall be removed, unless there is agreement that to do so could damage the road. Such designation may be revised as part of agreed changes in road locations.

H.11.2.2 OTHER AUTHORIZED CLEARINGS. Timber within authorized clearings for Temporary Roads, landings, or other construction clearings is designated for cutting. Quantities of such timber are not included in Appendix B - Division A.

H.11.5 INDIVIDUAL TREES. All trees to be cut, other than in the units described in H.11.1, H.11.2, H.11.3 and H.11.4, are Marked or designated by description or prescription. Trees are “Marked” when individually designated by Forest Service with paint marks above and below stump height. Individual Contract Area Maps indicate areas plainly identified on the ground where leave trees are marked to be left uncut.

H.11.5.4 DESIGNATION BY SPECIES AND DIAMETER.

Trees that meet Utilization Standards in Appendix B, Division A or specifications for cutting in Appendix A are designated for cutting, as shown on the Tree Designation Table and Contract Area Map, except trees Marked with_ORANGE_ paint or described to be left uncut.

Tree Designation Table

Unit(s)

Designated Species More than Stump Diameter (inches) Less than Stump Diameter (inches)

Additional trees to be cut, if any, are Marked with BLUE paint. All Live and Dead Engelmann Spruce and Other Conifer shall be left as leave trees, unless Marked with BLUE paint. Leave N/A trees of the designated cut species, N/A inches stump diameter or greater, to avoid leave tree spacing greater than N/A feet. Cutting unit boundaries and other trees that shall be left uncut are Marked with ORANGE paint. Stump diameter is measured outside bark at 6.0 inches (Sawtimber) and 4.0 inches (Non-Sawtimber) above ground on the uphill side of the tree and may be measured using a diameter tape (diameter equivalent of circumference), or caliper according to standard measurement procedures in use by the Forest Service.

H.11.6 MINOR CHANGES. Within Contract Area, the Contracting Officer may authorize minor adjustments in boundaries of cutting units or in the timber individually marked for cutting when acceptable to Contractor and Forest Service.

H.11.7 VOLUME ESTIMATE. The estimated volumes of timber by species designated for cutting and expected to be cut under Utilization Standards are listed in Appendix B - Division A for each individual task order and are not to be construed as guarantees or limitations of the timber volumes to be designated for cutting under the terms of this contract.

H.12 SANITATION AND SERVICING

Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor's Operations. If facilities for employees are established on Contract Area, they shall be operated in a sanitary manner. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Contractor shall remove from National Forest lands all refuse resulting from use, servicing, repair, or abandonment of equipment. In the event that Contractor's Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup to restore the polluted site to the satisfaction of Forest Service.

H.13 PREVENTION OF OIL SPILLS

If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H.15 MEADOW PROTECTION

Reasonable care shall be taken to avoid damage to the cover, soil, and water in meadows shown on Contract Area Map. Vehicular or skidding equipment shall not be used on meadows, except where roads, landings, and tractor roads are approved. Unless otherwise agreed, trees felled into meadows shall be removed by endlining. Resulting logging slash shall be removed where necessary to protect cover, soil, and water.

H.16 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 elsewhere. Additional measures needed to protect such areas are provided in H.16.1.

H.17 STREAMCOURSE PROTECTION

“Stream courses” that are subject to provisions of this Section are shown on Contract Area Map. Unless otherwise agreed, the following measures shall be observed to protect Stream courses:

(c) Wheeled or track-laying equipment shall not be operated in Stream courses, except at crossings designated by Forest Service or as essential to construction or removal of culverts and bridges.

(d) Flow in Stream courses may be temporarily diverted only if such diversion is necessary for Contractor’s planned construction and Forest Service gives written authorization. Such flow shall be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season.

H.22 FIRE PRECAUTIONS AND CONTROL

Fire Precautionary Period: July 1-October 15.

Plans. Prior to initiating Contractor’s Operations during Fire Precautionary Period, Contractor shall file with Forest Service a Fire Prevention and Control Plan providing for the prevention and control of fires on Contract Area and other areas of Contractor’s Operations. Such Plan shall include a detailed list of personnel and equipment at Contractor’s disposal for implementing the Plan. This requirement may be met by preparing a single Plan for more than one contract.

Fire Precautions. Specific fire precautionary measures shall be applicable during Contractor’s Operations in “Fire Precautionary Period”. Contracting Officer may change the dates of Fire Precautionary Period by advance written notice, if justified by unusual weather or other conditions. Required tools and equipment shall be kept in serviceable condition and immediately available for fire fighting at all times during Contractor’s Operations in Fire Precautionary Period.

Substitute Precautions. Forest Service may authorize substitute measures or equipment, or waive specific requirements by written notice, if substitute measures or equipment will afford equal protection or some of the required measures and equipment are unnecessary.

Emergency Precautions. Forest Service may require the necessary shutting down of equipment on portions of Contractor’s Operations, as specified by the emergency fire precautions schedule. Under such conditions, after Contractor ceases active operations, Contractor shall release for hire by Forest Service, if needed, Contractor’s shutdown equipment for fire standby on Contract Area or other areas of Contractor’s Operations and personnel for fire standby or fire patrol, when such personnel and equipment are not needed by Contractor for other fire fighting or protection from fire. Equipment shall be paid for at fire fighting equipment rates common in the area or at prior agreed rates and, if Contractor requests, shall be operated only by personnel approved by Contractor. Personnel so hired shall be subject to direction and control by Forest Service and shall be paid by Forest Service at fire fighting rates common in the area or at prior agreed rates.

Fire Control. Contractor shall, both independently and in cooperation with Forest Service, take all reasonable and practicable action to prevent and suppress fires resulting from Contractor’s Operations and to suppress any forest fire on Contract Area. Contractor’s independent initial fire suppression action on such fires shall be immediate and shall include the use of all necessary personnel and equipment at Contractor’s disposal on Contract Area or within 5 road miles of Contract Area.

Contractor’s Reinforcement Obligations. Whenever an Operations Fire or Negligent Fire, whether on or off Contract Area, or any other forest fire on Contract Area, has not been suppressed by initial action and appreciable reinforcement strength is required, Forest Service may require further actions by Contractor until such fire is controlled and mopped up to a point of safety. Such actions may include any or all of the following as necessary to fight such fire:

Suspend Operations. To suspend any or all of Contractor’s Operations.

Personnel. To release for employment by Forest Service any or all of Contractor’s personnel engaged in Contractor’s Operations or timber processing within 50 road miles of Contract Area. Any organized crew so hired shall include Contractor’s supervisor, if any. Personnel so employed shall be paid at Forest Service standard emergency fire fighting rates.

Equipment. To make available for Forest Service rental at fire fighting equipment rates common in the area or at prior agreed rates any or all of Contractor’s equipment suitable for fire fighting and currently engaged in Contractor’s Operations within 50 road miles of Contract Area. Equipment shall be operated only by personnel approved by Contractor, if so requested by Contractor.

Fire Suppression Costs. Contractor’s obligations for cost of fire suppression vary according to three classifications of fires as follows:

Operations Fire. An “Operations Fire” is a fire caused by Contractor’s Operations other than a Negligent Fire.

The Forest Service shall use cooperative deposits to perform fire suppression activities on Operations Fires. Contractor agrees to reimburse Forest Service for such cost for each Operations Fire. The cost of Contractor’s actions, supplies, and equipment on any such fire, or otherwise at the request of Forest Service, shall be credited toward Contractor’s obligation. If Contractor’s actual cost exceeds Contractor’s obligation, Forest Service shall reimburse Contractor for the excess.

Negligent Fire. A “Negligent Fire” is a fire caused by negligence or fault of Contractor’s Operations, including, but not limited to, one caused by smoking by persons engaged in Contractor’s Operations during the course of their employment, or during rest or lunch periods; or if Contractor’s failure to comply with the contract requirements results in a fire starting or permits a fire to spread. Damages and the cost of suppressing Negligent Fires shall be borne by Contractor.

Other Fires on Contract Area. Forest Service shall pay Contractor, at fire fighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by Contractor, or otherwise at the request of Forest Service, on any fire on Contract Area other than an Operations Fire or a Negligent Fire.

State Law. Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recoverable in an action based on State law, except for such costs resulting from Operations Fires. Amounts due Contractor for fire fighting expenditure shall not be withheld pending settlement of any such claim or action based on State law.

Performance by Contractor. Where Contractor’s employees, agents, contractors, Subcontractors, or their employees or agents perform Contractor’s Operations in connection with fire responsibilities, Contractor’s obligations shall be the same as if performance was by Contractor.

Smoking and Lunch Fires. Smoking is prohibited except inside a building, developed recreation site, vehicle, or while seated in an area of at least three feet in diameter that is barren or cleared of all flammable materials. 36 CFR 261.52(d).

The building of camp, lunch, warming and other fires within the sale area and vicinity is prohibited, except at established camps or at other safe places where all flammable material has been cleared away sufficiently to prevent the start and spread of wildfires. Forest Service may, upon written request of Contractor, designate specific places where campfires may be built for purposes of heating lunches.

Spark Arrester and Mufflers. Operating or using any internal combustion engine, on any timber, brush, or grass covered land, including trails and roads traversing such land, without a spark arrester, maintained in effective working order, meeting either (I) Department of Agriculture, Forest Service standard 5100, "SPARK ARRESTERS FOR INTERNAL COMBUSTION ENGINES," (current edition); or (II) the Society of Automotive Engineers (SAE) recommended Practices J335, "MULTIPOSITION SMALL ENGINE EXHAUST SYSTEM FIRE IGNITION SUPPRESSION," (current revision) and J350, 36 CFR 261.52(j), is prohibited.

Passenger carrying vehicles, pickups, medium and large highway trucks (80,000 GVW) will be equipped with a factory designed muffler system which is specified for the make and model of the respective vehicle/truck or with a muffler system that is equivalent or that exceeds factory specifications.

Exhaust systems shall be properly installed and continually maintained in serviceable condition.

Fire Extinguishers and Tools on Equipment. While in use, each internal combustion engine including tractors, trucks, yarders, loaders, welders, generators, stationary engines, or comparable powered equipment shall be provided with at least the following:

(a) One fire extinguisher, at least 5#ABC with an Underwriters Laboratory (UL) rating of 3A - 40BC, or greater.

(b) One shovel, sharp, size O or larger,…