James M. John - Toybox Forest Habitat Improvement Project Exhibit A - Scope of Work

Amendment# 01 - Added to #3 and #6 to the General Description of Prescription section and updated the rate in section 3.4.13 Failure to Complete Work on Time and Liquidated Damages section.

Project Background

Reference Figure 1: James M. John - Toybox Forest Habitat Improvement Project Map. The James M John - Toybox Forest Habitat Improvement Project is located on the James M John State Wildlife Area located 13 miles southeast of Trinidad, Colorado. The up to 301 acre logging project is being implemented to improve wildlife habitat, forest health, and enhance ecological resilience.

1. Treatment Areas - Acres

a. Unit 1: 301

Figure 1: James M. John - Toybox Forest Habitat Improvement Project

TREATMENT PRESCRIPTION

Figure 2: James M. John - Toybox Forest Habitat Improvement Project Diameter Distribution Graph

Referencing Figure 2: James M. John - Toybox Forest Habitat Improvement Project Diameter Distribution Graph, across the project the Contractor shall reduce the overall basal area (BA) from 195 BA to an average of 85 BA by removing trees in the 8” diameter at breast height (DBH) class to 24” DBH class. The Contractor shall produce a treatment area that has a mixture of meandering openings (.25 to .1 acre), groups of trees (10-30 trees), and clumps of trees (5-10 trees) and single trees.

General Description of Prescription:

1. The Contractor shall remove trees with a preferential species target of 1.) White fir (ABCO) 2.) Douglas-fir (PSME) 3.) Engelmann spruce (PIEN) 4.) Aspen (POTR5). Live, healthy aspen and all other species shall remain.

2. Stump height shall not exceed 5” and/or be equal to ground level as measured from the uphill side of slope.

3. Slash shall be dispersed and spread out so that it does not exceed 12”. Slash shall be dispersed and spread out so that it does not exceed 12” in depth or slash shall be masticated and spread out so that it does not exceed 4” in depth.

4. Diameter class refers to the DBH which is measured at 4.5’ on the tree's trunk from the uphill side of the slope.

5. Do not remove any dead and/or dying trees (snags) showing use by wildlife ≥ 8”

DBH.

6. Do not remove any trees showing use by wildlife. If an active nest or any wildlife is encountered and/or wildlife usage observed, the Contractor shall coordinate with CPW for further direction. Some dead and down logs may be salvaged.

7. The Contractor shall daylight all aspen stands by removing encroaching/infilled spruce and fir trees ≤ 24” DBH and isolate the stand as a group/cluster/clump.

8. Do not cut any New Mexican locust.

9. The Contractor shall have electronic devices with a GPS map reading software like Avenza or Cal-Topo for using the georeferenced map depicting the unit and project boundaries.

10.Across all treatment areas, treatments will be conducted in areas that have a slope that is ≤ 30%.

11.Monthly, the Contractor shall include a map of all the completed work being billed in a readable format that depicts the area and acreage completed.

12.At the beginning of the project, the Contractor shall treat a test section of 5 acres demonstrating the Contractor's understanding of the prescription for CPW prior to implementation of the overall prescription. The Contractor will not treat any additional areas until CPW has approved of the Contractor’s work in the test area.

13.Excessive damage to unintended trees, including but not limited to causing more than 6 basal wounds per acre will result in a written warning. If damages continue to occur CPW may, in addition to any other remedies, terminate the contract and/or subtract up to $100.00 per damaged tree from any payment otherwise due to the Contractor.

14.CPW may request specific on-the-spot work on a case-by-case basis that may override the above prescription. For example, CPW may instruct the Contractor on mulching specific trees for insect and disease control, variable snag recruitment, creation of small openings for wildlife and safety zones, or retention of tree character.

15.The Contractor must stay on the designated route at all times.

16.The Contractor shall close all gates and may not leave any of them open unless otherwise approved by CPW.

17.Any fences damaged must be fixed, replaced and/or maintained to ensure they remain in good working order.

18.No dumping is permitted on state property.

3.4 Important Considerations

3.4.1 SURFACE CONDITIONS

The Contractor shall comply with the 2023 Forestry Best Management Practices to Protect Water Quality and Section 404 of the Clean Water Act. If the soils are saturated such that ruts 4” or deeper and 10’ long are created by equipment, the Contractor shall cease operations in that area. In the event that larger ruts are created, the Contractor shall be responsible for reclaiming areas by smoothing the area, filling ruts, providing drainage, and seeding with a CPW approved native seed mix. If conditions persist, CPW may suspend work until the soils dry out. The Contractor shall closely monitor surface conditions and shut down operations prior to causing resource or road damage.

If the project site receives more than 6” of snow, the work will be suspended until the site conditions improve. If work is suspended due to soil and/or site conditions, CPW is not responsible for additional mobilization or lost time costs. The Contractor shall have and use snow chains when weather conditions warrant. The Contractor shall remove all slash material deposited on any administrative or public road surfaces. The Contractor shall remove all slash material deposited in any conveying water body. The Contractor shall not operate equipment in a drainage, stream, stream course, riparian areas and/or wetlands. The Contractor shall coordinate with CPW prior to crossing any drainage, stream, stream course, riparian area, and/or wetland areas. If the Contractor encounters a riparian condition, the Contractor shall notify CPW for coordination. The Contractor shall cross perpendicular to the direction of flow. Prior to project closeout, the Contractor shall obliterate/closeout all skid trails and routes created utilizing wooden debris generated by the project and construct water bars as necessary.

3.4.2 FIRE EXTINGUISHER

While in use, each internal combustion engine including tractors, trucks, generators, stationary engines, chainsaws, or comparable powered equipment shall be provided with at least one fire extinguisher. The extinguisher shall be located so as to be readily available for use.

3.4.3 FUELING

Fueling and refueling is restricted to landings, staging areas, and roads. Prior to commencing work, the Contractor shall identify staging areas and landing areas for CPW representative to approve. Any on-site fuel or oil release is the Contractor’s responsibility. Containment, immediate reporting, documentation, and cleanup are required, and shall be at the direction of CPW in accordance with State and Federal law and policy. The Contractor shall be responsible for the cost associated with cleanup and site remediation.

3.4.4 HAZARDOUS MATERIALS

Use of Hazardous Materials and/or petroleum products requires that all appropriate State and Federal Regulations be complied with including, but not limited to, Material

Safety Data Sheets (MSDS) on hand and use of necessary Personal Protective Equipment (PPE). On-site disposal of Hazardous Materials or Waste including hydrocarbons is not authorized. On-site disposal will subject the Contractor to damages that will include, at a minimum, the cost of reclamation and the appropriate disposal of contaminated soil. Incidental leaks from fittings, gaskets or ruptured hoses subject the Contractor to remedial requirements and the Contractor will be required to clean up the spills. Continual leaks will be noted on inspection reports and correction through maintenance required. Maintenance and repair operations that require the draining of engines or hydraulic systems may be conducted on site only if the fluids are captured, containerized, and removed from the project area for proper disposal.

3.4.5 PROTECTION

The Contractor shall protect cadastral survey markers (brass caps), bench marks, fences, and other markers and stakes from damage or removal. Should damage occur it is the Contractor’s responsibility to replace or repair. The Contractor shall immediately stop work and notify CPW if any of the following are discovered; archaeological materials, human remains, funerary items, sacred objects, objects of cultural patrimony, or paleontological resources. Work may not resume at that location until approved by CPW and CPW is not responsible for any additional mobilization costs or lost time.

3.4.6 RE-MEASUREMENT

CPW will re-measure the acreage made upon written request by the Contractor. The written request must be made within 10 calendar days after completion of the work. If measurement indicates a difference of not more than 5 percent from the original measurement, the Contractor shall pay the actual cost of the re-measurement.

Payments will be based on the second measurement where the difference between measurements is more than 5 percent. If the difference is less than 5 percent, the results of the first measurement will be used.

3.4.7 SPARK ARRESTERS

It is prohibited to operate or use any internal or external combustion engine on any timber, brush, or grass covered land, including trails traversing such land, without a spark arrester maintained in effective working order and meeting guidelines set forth in National Wildfire Coordinating Group Publication NFES 1363 and 2363.

3.4.8 STATUS REPORT

Provided an onsite visit has not occurred during the period, the Contractor is required to report status of work when any special situations or problems are encountered or once a week (whichever is less). These reports shall be made by email to the Project Contact. The Contractor is required to provide a 24 hours’ notice should they not be able to attend scheduled field meetings to include but not limited to: pre-project walk through, field inspection meeting and post-project inspection.

3.4.9 WEED CONTROL

Prior to moving onto project area lands, including the contract area, the Contractor is required to remove all dirt and debris that could contain weed seeds by scraping off visible dirt and debris then thoroughly washing all equipment with a suitable power washer. Cleaning and washing shall not occur on state or federal property. CPW suggests a public car wash. The Contractor will not be allowed to start any portion of the project until all equipment is cleaned and inspected at a proper location located off the property. Once the equipment is staged by the Contractor at an agreed upon location off-property, CPW will send a representative to inspect the equipment.

3.4.10 MOBILIZATION/DEMOBILIZATION

The Contractor shall mobilize all required equipment within one calendar week of the agreed-upon project start date. Mobilization requires all equipment is located onsite.

The Contractor shall demobilize all equipment within one calendar week of completion of the project. The Contractor shall comply with all provisions and specifications included within the attached USFS Special Use Permit Authorization ID: CAN975 and USFS Non-Federal Commercial Road Use Permit.

3.4.11 SAFETY

The Contractor shall post warning signs along open roadways adjacent to work areas to alert vehicle traffic that timber harvesting equipment is working in the area. Contractor shall be required to remove any woody debris associated from timber harvest activities from roadways daily.

3.4.12 CAMPING

Camping is not permitted on the parcel. However, camping may be available on adjacent USDA United States Forest Service land. No dumping is permitted on state property. The Contractor shall coordinate with the USFS for any and all camping questions/inquiries on federal land.

3.4.13 FAILURE TO COMPLETE WORK ON TIME AND LIQUIDATED

DAMAGES

The Contractor and the CPW agree that time is of the essence of the Contract and of the Specifications wherever a definite and certain length of time is fixed for the performance of any act. A daily charge will be made against the Contractor for each calendar day, that any work remains uncompleted after the project completion deadline outlined in section 2.2 of the Request for Proposals. This daily charge may be deducted from any money due the Contractor or charged to the Contractor directly. This assessment will not be considered a penalty but as liquidated damages.

The amount of liquidated damages specified herein represents a reasonable estimation of damages that will be suffered by the State from late performance, including costs of additional oversight and lost opportunity for additional efficiencies that would have attended on-time completion of performance. The liquidated damages set forth do not include any additional actual loss or damage that CPW might incur as a result of the Contractor’s delay, such as but not limited to increased costs to other contractors.

In the event the Contractor fails to complete 100% of the project by June 30, 2027 as specified in section 2.2 within the Performance Time in the Requests for Proposals, liquidated damages shall be assessed at a rate of $458.53 per calendar day until the project is complete. Liquidated damages for failing to complete the project by its completion date will accrue per day from the specified completion date until the project completion by Contractor and acceptance by the State.

To the extent any delay by Contractor in timely completing the project pursuant to any mutually agreed Project implementation plan and schedule is caused by failure of the State or other third party not under Contractor’s control, all Project completion dates, and the final completion date, shall be modified by up to the number of days of the State or other third party’s delay, which shall require a fully and properly executed Contract amendment in accordance with State of Colorado Fiscal Rules and State of Colorado Controller Policies and Guidelines.

Any liquidated damages assessed under this subsection shall not relieve the Contractor from additional liability for any actual or consequential damages.