Attachment 3 - Timber Sale Sample Contract Part 2.pdf

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PART II: SPECIFICATIONS

Section 2015. Log Accountability and Log Load Receipts: Saw-logs.

Log Load Receipt Books. Agency shall issue to Contractor sufficient books of serially numbered Log Load Receipts to cover up to 30 days of operation, as determined by Agency. Contractor shall sign a receipt for each book of receipts and be fully accountable for all serially numbered Woods Receipt and Scaler Receipt tickets.

Contractor shall retain all Woods Receipts in each book and return the book to Agency as soon as all receipts in each book have been used. Unused books or portions of books shall be returned to Agency during periods of inactivity lasting over 30 days, and at the completion of timber removal from the Areas of Operations.

Completion of Log Load Receipts. Contractor shall completely and accurately fill out all portions of the Log Load Receipt before each truck leaves the Landing area. Contractor shall require the truck driver of each load of logs to sign the Woods Receipt. Contractor shall staple the Load Receipt and Scaler Receipt parts to the load as instructed on the Log Load Receipt directions and as directed by Agency before each truck leaves the Landing area.

Contractor shall require the scaler to record the Log Load Receipt number on the scale ticket that is signed by the scaler, attach the Scaler Receipt part to a copy of the scale ticket, and mail the scale ticket with the attached receipt to Agency on the date scaled.

Contractor shall account for each and every serially numbered Log Load Receipt. For all Log Load Receipts not accounted for by proof of scaling, Agency shall determine if unaccounted tickets are to be voided or if Contractor shall pay damages to Agency. Damages shall consist of full value based on appraised pond value of $650/mbf for each missing receipt, on the basis of the average value of the 10 highest value loads of logs scaled from the Area of Operations, or the average value of the 10 highest value loads of logs scaled at a Scaling Location, as determined by Agency.

Contractor shall not inter-mingle Agency timber or logs designated by this Contract with any other timber or logs before log scaling occurs, unless otherwise approved by Agency.

Delivery Destination and Transfer of Agency Timber. Prior to conveying unprocessed timber sold under this Contract to a delivery destination or prior to selling, trading, exchanging, or otherwise conveying unprocessed timber sold under this Contract to any other person, Contractor shall first complete ITB Attachment 4, Exhibit C (Sawmill Grading Scaling Instructions), which must include the completed Section (18), “Approved Scaling Locations” of the Operations Plan. Contractor shall select a delivery destination from the Agency-approved scaling locations found at https://apps.odf.oregon.gov/Divisions/management/asset_management/scalinglocation.asp.

Section 2020. Log Measurement: Saw-logs.

Section 2021. Scaling Locations, Rules, and Organizations. All saw logs from timber sold under this Contract shall be: (1) scaled at a location approved in writing by Agency; (2) scaled by a third-party scaling organization that is a party to a current agreement with Agency; and (3) scaled using the Official Log Scaling and Grading Rules (as adopted by the Northwest Log Rules Advisory Group) and Agency special service scaling instructions in effect at the time the logs are scaled. Utilization scale shall be handled in accordance with Section 2055, "Utilization Scale."

Upon loading at the Area of Operations, a log load shall be directly hauled to an approved scaling location, if required to be scaled. Log loads shall not be stored for late delivery without written approval from Agency.

Contractor shall enter into a written agreement with a third-party scaling organization for the scaling of saw logs removed from the Area of Operations (the “Scaling Agreement”). Contractor shall furnish Agency with a copy of the Scaling Agreement upon request. If logs are delivered when a TPSO scaler is not present, Contractor must provide Agency with a method to assure protection and accountability.

https://apps.odf.oregon.gov/Divisions/management/asset_management/scalinglocation.asp

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In the event scaling is suspended for any reason, hauling Operations shall be immediately suspended until approved alternate scaling services are provided, or service by the scaling organization is resumed.

Section 2022. Cost of Scaling. All costs of scaling and all costs in connection with reports furnished to Agency shall be paid by Contractor.

The Scaling Agreement must provide, and Contractor shall require, that the scaling organization furnish each week to Agency, copies of all scaled certificates showing gross and net volumes, by species and grade, for all logs scaled during the week. Upon request by Agency, Contractor also shall require the scaling organization to furnish and attach a log detail listing to each weekly scale certificate, showing all Agency logs included on the certificate.

Contractor will provide TPSO with self-addressed, stamped envelopes, if requested.

Section 2023. Scaling Instructions. The Scaling Agreement shall authorize Agency to provide instructions to the approved third- party scaling organization for the scaling practices to be used for Designated Timber removed from the Area of Operations. Instructions must conform to the terms of this Contract, including the use of special scales, as necessary. Contractor shall acknowledge and sign such instructions and shall be provided a copy.

Minimum Products Specifications and Special Scale information are shown on Attachment 6 (Scaling Instructions and Sawmill Grading), Westside Scale, to the Invitation to Bid (OregonBuys No. S-63400-0000XXXX).

Section 2030. Log Branding and Painting: Saw-logs. Unless approved in writing in advance by Agency, at least one end of every saw log removed from the Area of Operations shall be both clearly hammer branded and painted with a minimum 2-inch diameter spot of PINK paint. Contractor shall use only those brands issued by Agency for use on timber sold under this Contract. Only those brands issued by Agency for use on timber sold under this Contract shall be allowed on the Areas of Operations at any time.

In addition, Contractor shall brand and paint all logs left singly or in decks along rights-of-way, and shall brand and paint one end of all logs yarded and left on Landings after termination of Operations each day. Contractor shall make every effort to remove logs from Roads or Landings within a reasonable period of time, and agrees to notify Agency in advance if it intends to leave logs decked along Roads or on Landings for more than 96 hours. Agency may scale such decked logs, and Contractor shall be responsible for the costs of such scaling and for any loss due to theft or deterioration.

Agency shall issue Contractor one or more branding hammers registered to Agency. Contractor shall sign a receipt for all branding hammers registered to Agency and issued to Contractor, and will return them in good condition within 14 calendar days following completion of log hauling. Contractor shall pay a fee of $100 to Agency for each branding hammer returned to Agency in damaged and unusable condition, or $200 for each branding hammer not returned within the time specified by Agency. Contractor may replace damaged branding hammer handles, but only with 24-inch wooden handles, or with handles approved by Agency.

If properly marked timber is subdivided into smaller pieces for any other purpose than immediate processing, each piece shall be branded with an Agency brand specifically used for this purpose, signifying the logs are State timber and ineligible for export. Additional branding hammers registered to Agency, to be used for this purpose, may be obtained from Agency upon request, at cost.

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Section 2035. Hauling and Operating Time Restrictions. Contractor shall comply with the following requirements for hauling and operating time restrictions, unless otherwise approved in writing by Agency:

a) Contractor shall not haul logs from the Areas of Operations on weekends, State-observed holidays, or outside the hours of 6:00 a.m. to 5:00 p.m. daily without notification to and prior approval by Agency.

b) Contractor shall not conduct harvest operations on the Area of Operations on weekends, State-observed holidays, or outside the hours of 6:00 a.m. to 5:00 p.m. daily without notification to and prior approval by Agency.

Section 2045. Log Removal. All logs defined below, except those specified in Sections 2220 through 2250, "Reserved Timber," shall be removed as Designated Timber under this Contract. Any conifer log that conforms to grading rules for peeler or sawmill grades and meets or exceeds both of the following minimum requirements: Six inches (6”) in gross scaling diameter, containing twenty (20) board feet (net).

For purposes of log removal requirements, minimum net log volume will be determined by the net volume of the full log length rather than the volume of individual segments.

Log grades are defined in the Official Log Scaling and Grading Rules published by the Northwest Log Rules Advisory Group in effect at the time logs are scaled.

Contractor shall not deliberately buck logs to reduce log sizes to less than minimum requirements for log removal, and shall take reasonable precautions to prevent breakage losses in felling and Yarding.

Section 2056. Special Products. “Special products” are any products not in log form manufactured from material stated in Section 2210 Designated Timber under the Contract. Contractor shall not sell special products from the Area of Operations, or allow firewood, shake, or post cutting, or any other special product manufacturing on the Area of Operations without prior written approval of Agency.

ACCESS AND ROAD MAINTENANCE

Section 2120. Access. Contractor shall use the Roads shown on Exhibit A for access to Project Locations within the Area of Operations. If gate keys are required to access the Area of Operations, they can be obtained from Agency by a designated Contractor’s Authorized Representative. Any keys not returned at the completion of all operations under this Contract shall be subject to a fee of $100 per key not returned. If Contractor desires to use an alternative route, it shall be Contractor's responsibility to secure that access and obtain Agency approval for the route. The use of access Roads shall be limited to that necessary to carry out the terms and provisions of this Contract. Except as otherwise provided for in this Contract, Contractor shall have the right of access over, in, and through the Area of Operations for the purpose of cutting and removing Timber or performing other Operations. Contractor, in so using, improving, or constructing Roads, shall at no time have an interest in the land, other than the temporary right of access during the term of the Contract.

Contractor shall comply with all applicable terms and conditions, including payment of any fees, of any access documents set forth in the provisions of this Contract, which are by this reference made a part of this Contract.

The following access documents pertain to this Contract.

Section 2130. Road Maintenance. Contractor is responsible for normal road maintenance on roads used for any activity under this Contract. Normal road maintenance shall provide for safe forest driving conditions, continuous access and road use, protection of Roads from damage, water quality, and compliance with all applicable laws.

Contractor’s responsibility for normal road maintenance commences with Contractor’s first use of a road for any activity under the Contract period and shall continue until final acceptance of the maintenance is made by Agency.

In addition, Contractor is responsible for normal road maintenance needs that are caused by public use of the Roads.

If other parties are authorized under Section 1330, "Conditions of Areas of Operations," to use Roads in the Area of Operations, Contractor and each party so authorized shall be responsible for a proportionate share of normal

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Agency will determine when maintenance and watering of dirt roads during periods of hauling is needed and will issue instructions to Contractor specifying work to be done and the date by which it must be completed.

“Normal road maintenance” will include any action needed to prevent and protect the road from soil contamination, seasonal weather damage, protect water quality, repair damage caused by road use, and restore the road to at least the road condition at commencement of use, including, but not limited to:

a) Cut Banks and Fill Slopes.

(1) Remove Slash created by Operations.

(2) Remove obstructions and fallen timber.

(3) Restore stability impacted by Operations.

(4) All cut bank and fill slope maintenance work shall be performed in such a manner that soil and vegetative material does not contaminate the road surface.

b) Ditches.

(1) Remove bank slough, minor slides, and obstructions.

(2) Remove Slash created by Operations.

(3) Restore to functional drainage.

(4) Minimize erosion and/or sediment delivery by placement and maintenance of filtering systems.

(5) Soil and vegetative material shall not be pulled across the road surface.

c) Drainage Systems.

(1) Clear all culverts, including inlets, outlets, half rounds, and sediment catching basins.

(2) Maintain water-bars, drainage dips, and other water diversion measures.

(3) During active use, patrol and maintain functional drainage.

(4) Repair damaged culvert ends.

d) Road Surfaces.

(1) Grade, shape, crown, and/or out-slope surface and shoulders.

(2) Provide leveling, patching, and/or reinforcement rock for restoring purposes.

(3) Prevent contamination of road surface materials with soil and vegetative material.

(4) Prevent road surface materials from being bladed off the road.

(5) Temporarily cease road use to prevent and/or protect the road during adverse weather conditions.

Examples of adverse weather conditions are freezing and thawing cycles, high soil moisture caused by rainfall events, and accumulation of snow that requires removal to continue hauling activity.

Agency shall maintain, and Contractor shall not be required to perform normal road maintenance on all non- Project Roads that are shown as “Agency Maintained” on Exhibit A. In the event it becomes necessary for Agency do discontinue maintenance of such roads, Agency may require Contractor to provide normal or extraordinary road maintenance. Agency will notify Contractor of the additional work and will initiate a contract amendment for the additional work and increase in compensation to Contractor.

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“Extraordinary maintenance” is defined as major repair work and/or damage cause by Force Majeure, as defined in Section 1510.

AREAS OF OPERATIONS

Section 2205. Areas of Operations. The Areas of Operations are located within portions of Sections 9, 10, 16, and 21, Township 3 North, Range 4 West, of the Western Meridian; in Washington County, Oregon, and as shown on Exhibit A.

The Areas of Operations’ boundary is posted on the ground with “PINK ribbon flagging. During the Pre-Operations Meeting, Contractor and Agency’s Authorized Representative will visit the Areas of Operation to review boundary locations.

Contractor shall not use or possess any, BLUE and BLACK paint, or PINK flagging while in the Areas of Operations.

Section 2210. Designated Timber. The timber to be harvested is located within the Timber Sale Boundary and the Area of Operations, identified on Exhibit A. Contractor shall furnish all materials, equipment, transportation, and labor to access and remove all designated timber. Designated timber is to be thinned at an average spacing of 24’ x 24’ (does not include hardwoods) in all units except Unit 7 and 13. Spacing may range from 22’ x 22’ to 26’ x 26’. All BLUE marked trees in Unit 1, 2, 5, 7 and 13 of the Areas of Operations. Trees or areas within units that are marked in BLUE will take precedence over the spacing designation.

Section 2220. Reserved Timber. Reserved Timber includes trees, snags, logs, and exclusion areas within the Timber Sale Boundary, which are not sold to Contractor. Reserved Timber must not be damaged, cut, or removed by Contractor. Failure to leave the required Reserved Timber will be subject to damages as described in Section 2260, “Reserved Timber - Damages.”

Section 2230. Reserved Timber – Down Material. Existing down-trees and -logs must not be yarded unless determined to be safety hazard or designated for removal. Furthermore, existing down-trees and -logs shall not be removed from the Area of Operations.

Section 2240. Reserved Timber - Trees and Snags. The following shall be considered Reserve Timber:

a) Any tree outside of the Areas of Operations (Unit Boundaries).

b) Any tree 28” DBH or greater (excluding unit 5).

c) Any tree to be determined to be at a spacing of 27’ x 27’ or greater.

d) Any tree in Unit 1, 2, 5, 7 and 13 within the Areas of Operations not painted with BLUE paint.

e) All Grand fir and Western red cedar trees unless designated with blue paint.

Section 2250. Reserved Timber - Boundary Trees.

Trees posted with PINK flagging are reserved from cutting.

Section 2260. Reserved Timber - Damages.

Contractor shall be exclusively responsible for any damage to, or removal of, Reserved Timber. If damage to Reserved Timber occurs and is determined unavoidable by Agency, no charge will be made for damage.

If Contractor's activities result in avoidable damage to Reserved Timber as determined by Agency, Contractor shall pay for such damage at the following rates:

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a) $25 will be paid when:

(1) "Minor damage" to Reserved Timber occurs during the course of normal logging. Minor damage is defined as bark removed down to the cambium layer of a tree, such removal affecting at least 24 square inches, but less than damage defined as "major damage."

(2) Trees must be cut in order to facilitate Operations, or for safety around Landings, as approved in writing by Agency.

(3) Reserved Timber (<28” DBH) is un-intentionally cut or removed (excluding unit 5)

b) $50 shall be paid when:

(1) "Major damage" to Reserved Timber is caused by Operations of Contractor. Major damage is defined as bark removed down to the cambium layer over an area of the bole which has one dimension greater than the diameter of the tree, or any visible bark removal on the tree roots.

(2) More than 50 percent of live crown is removed.

(3) Tree is knocked down, or leaning more than 10 degrees from vertical.

(4) Reserved Timber (>28” DBH) is un-intentionally cut or removed (excluding unit 5)

c) $100 shall be paid when:

(1) Reserved Timber is intentionally cut or removed.

(2) Reserved Timber is intentionally damaged.

(3) Repeated major damage occurs to Reserved Timber.

(4) Any intentional "notching" or undercutting of Reserved Timber with an axe or saw occurs.

Agency may direct damaged timber to be left.

Payment for damage to or removal of Reserved Timber shall not release Contractor from liability for other damage to property of Agency.

If any Reserved Timber suffers "major damage" as defined above, Agency reserves the right to suspend felling and/or Yarding until corrective measures have been agreed upon by Agency and Contractor.

OPERATIONS

Section 2305. Contractor’s Obligations. Contractor shall provide all labor, equipment, supervision, transportation, operating supplies, and incidentals to perform all work necessary on the areas specified herein.

Contractor shall perform all aspects of the work in an organized and systematic manner throughout the Areas of Operations.

Section 2310. Felling. Contractor shall employ the following timber cutting practices with in the Timber Sale Boundary, unless otherwise approved by Agency:

a) All trees with in the Timber Sale Boundary must be felled, EXCEPT those designated as "Reserved Timber" in Sections 2220 through 2250.

b) Bearing witness trees must be cut above any scribing or as marked.

c) Agency may require certain trees or Snags, described by the preceding specifications, to be left standing if they are needed for wildlife habitat, or if the Snags do not constitute a safety hazard. Agency shall designate such trees or Snags at the time of timber felling.

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d) Trees must not be felled across Timber Sale or Exclusion Area Boundary, unless authorized in writing by Agency. Trees which fall across Timber Sale Boundary must be yarded back into the Area of Operations prior to limbing or topping. Trees which fall across and Exclusion Area Boundary shall be left in place and Agency notified.

e) Trees must not be felled across draws, over ridges, or across previously felled trees.

f) Trees that cannot be controlled into desired felling patterns (Snags, rotten-butted trees, heavy leaners, etc.) shall be felled first, and the direction of subsequently felled timber corrected accordingly.

g) Windfalls must be bucked off as close as practicable to the roots to ensure maximum recovery of merchantable volume. Those which cannot be bucked safely must be left with a merchantable log attached and either bucked on the Landing or moved by rigging into a safe position for bucking.

h) Maximum stump height must be 10 inches or 50% of stump diameter, whichever is greater. Heights shall be measured on the uphill side.

Section 2355. Ground-Based Operations. Contractor shall conduct an on-site meeting with Agency prior to cutting any timber, moving in any equipment, or performing any construction. During this time, Contractor and Agency shall mark the locations on the ground of all skid Roads and Landing locations. The Areas of Operations, or portions thereof, where ground-based operations have been approved in the Operations Plan, will be subject to the following restrictions, unless otherwise approved in writing by Agency:

a) Contractor shall limit skid Roads and trails, and all other locations where soil is compacted or displaced, to less than 10% of the ground yarded area.

b) Contractor shall ensure all harvest equipment stays within the Area of Operations, outside of Exclusion Areas and only on Project-designated road surfaces.

c) Contractor shall not conduct Operations under conditions where soils are rutted or excavated to a depth of six inches or more.

d) Contractor shall not operate equipment on slopes greater than 35%. Written approval may be granted by Agency for short distances on slopes exceeding 35% when, in the opinion of Agency, it would be unreasonable to yard by pulling line.

e) Contractor shall not utilize existing hiker and biker trails unless otherwise approved in writing by Agency.

f) Contractor shall not conduct ground-skidding Operations during periods of extreme wet weather, where soil conditions cause puddling.

Failure to comply with any of the restrictions listed above is a material breach of the Contract and Agency, at its discretion, may require Contractor to suspend Yarding activities until corrective measures have been agreed upon by Agency and Contractor. Time lost while Agency exercises any of the above options shall not constitute grounds for Contract extension.

Section 2360. Cable Yarding Specifications. Yarding systems shall be designed to minimize soil disturbance and damage to Reserved Timber. PURCHASER shall use cable Yarding, except as approved by STATE in the Operations Plan. PURCHASER shall comply with the following when Yarding the Timber Sale Area, except as approved by STATE in the Operations Plan:

a) One-end suspension is required when Yarding downhill.

b) When cables pass through or over the Stream Buffers shown on Exhibit A, all necessary precautions shall be taken to protect all Stream Buffer components. Necessary precautions include, but are not limited to, the following:

1) Pull cables out of the Reserved Timber prior to rigging the next Yarding road.

2) Yarding roads shall be at least 100 feet apart where they extend over or through the buffer.

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c) Full log suspension when possible and safe.

Section 2365. Progressive Operations. Contractor shall complete the following requirements prior to the Contract expiration date:

a) Remove all logs as described under Section 2045, "Log Removal";

a) Remove all harvest debris as directed by Agency from within 20 feet of high traffic areas including Roads, trails, cabins, campsites, day use areas;

b) Removal all logging slash as described in Section 2370, Slash Disposal;

c) Conduct road maintenance efforts as specified in Section 2130 “Road Maintenance”; and

d) Remove all equipment and trash within 10 days of completing all operations.

Section 2370. Slash Disposal. All slash accumulated at landing locations from processing activities shall be piled at or near landing locations. In the designated landing cleanup area shown on Exhibit A2.2, once harvest operations are complete at each landing, Contractor may chip slash into the surrounding timber or remove slash debris and transport to designated chip/burn pile location shown on Exhibit A2.1. In the designated landing cleanup (disc-golf 58 ac.) area 80% of slash debris 1” to 4” in diameter shall be chipped. AGENCY shall not require payment for debris material sold by Contractor to a third party.

Section 2380. Contractor Quality Control. Contractor shall provide quality control for all services under this contract. Contractor is expected to conduct their own inspections to ensure that all harvest requirements are being met. Agency inspections are for payment determination only, and are not intended to be used as a quality control by Contractor. Any delay in Agency inspections will not cause Agency to be responsible for Contractor’s quality of work.

PROTECTION DURING OPERATIONS

Section 2420. Protection of Utility Lines. In accordance with OAR 952-001-0020: “ATTENTION: Oregon law requires you to follow rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR 952-001-0010 through OAR 952-001-0090. You may obtain copies of the rules by calling the center.”

(Note: Telephone number for the Oregon Utility Notification Center is (503) 232- 987 or 1-800-332-2344.)

Section 2430. Protection of Markings and Monuments. Contractor shall not remove, alter, damage, or destroy any signs, posters, markings, land survey markers and corners, witness trees, seed trees, or corner reference tags pertaining to the land survey. Should such damage or disturbance occur, Contractor shall report it to Agency within 24 hours of the incident, and shall prevent any further damage or disturbance from occurring. Contractor shall, in a manner or method as directed by Agency, re-establish legal subdivision markers or monuments damaged by Contractor's activities. Agency may re-establish such markers or monuments and bill Contractor for the expense incurred.

In the event it is necessary to disturb any legal land survey corner in order to conduct any activity under this Contract, Contractor shall notify Agency. Contractor shall not disturb any corner until Agency has referenced or otherwise preserved the corner.

Section 2435. Protection of Cultural Resources. Contractor shall not remove any historic artifact, including old logging equipment or camp refuse, or other Cultural Resources from the Area of Operations. If any such items are discovered, Contractor shall immediately notify Agency’s Authorized Representative.

Section 2440. Warning Signs. Contractor shall post and maintain signs adequately warning park users of active felling, Yarding, and hauling Operations. Contractor shall post signs at locations designated by Agency and at other locations determined by Contractor.

Section 2460. Repair of Injury or Damage. Contractor shall be liable for the repair of or payment for any damage to Agency Improvements resulting from activities of Contractor. Prior to the completion and as a condition of final

Hares Shoefly Contract: Section II - Specifications Page 9 of 10 acceptance by Agency of Contractor’s Operations, Contractor shall repair or correct any injury or damage to the Areas of Operations or any part of the Area of Operations arising from Contractor’s Operations, unless adjustment is made pursuant to Section 1385, Amendments.

PROTECTION FROM FIRE

Section 2510. Precautions Against Fire. Contractor acknowledges that its Operations under this Contract may cause extraordinary fire risk in the Areas of Operations. Contractor covenants and agrees it will use the highest degree of care to prevent forest fires from starting on or from spreading to or from the Areas of Operations.

Contractor shall require its employees and contractors and the employees of such contractors to employ a similar degree of care. Agency may, at any time during the term of the Contract, require Contractor to prepare and submit to Agency for approval a Fire Plan for the Areas of Operations. The plan must set forth the resources and required actions to be taken by Contractor and contractors of Contractor for the prevention and suppression of fire in the Areas of Operations. The plan must meet with the approval of Agency and Agency reserves the right to require revisions to the plan as Agency, in its sole discretion, may determine to be necessary.

Section 2520. Efforts on Fire. If a fire occurs in any part of the Areas of Operations, notwithstanding the origin, Contractor shall require its employees and contractors and the employees of such contractors to immediately proceed to extinguish the fire. Contractor acknowledges and agrees that the provisions of this section may impose obligations on Contractor that are separate from or in addition to any duty or responsibility required by law.

However, in no event will the requirements of this section be construed as relieving Contractor of the duty and responsibility under Oregon law to fight, control and suppress fire on forestland.

Section 2530. FIRE INDEMNIFICATION. IN ADDITION TO THE GENERAL INDEMNIFICATION CONTAINED IN SECTION 1230, INDEMNITY BY CONTRACTOR; LIMITATION OF LIABILITY, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD AGENCY HARMLESS FROM ANY AND ALL LOSS, COSTS, DAMAGE AND EXPENSE THAT AGENCY MAY INCUR AS A RESULT OF ANY FIRE CAUSED BY THE OPERATIONS OF

CONTRACTOR, ITS EMPLOYEES, CONTRACTORS OF CONTRACTOR, AND EMPLOYEES OF SUCH

CONTRACTORS.

Section 2540. Fire Equipment. During Fire Season, Contractor shall provide an engine with at least a 1000-gallon capacity, 1000 feet of fire hose, one gated wye valve, and two adjustable nozzles in constant readiness in the Operation Area. The engine must be self-filling and be able to travel fully loaded, under its own power, on all truck Roads providing access to or within the Operation Area. Contractor shall comply with all other Fire Season requirements as established by the ODF district office in which the Operation Area is located.

Section 2555. Agency to Assume Additional Fire Hazard Obligations. If, following completion of felling operations on any area of operations, a determination is made under ORS 477.580, that an additional fire hazard has been created, then, upon completion of all provisions of this Contract, Agency will assume all obligations for the disposal or reduction of any additional fire hazard determined to exist, and issue a release pursuant to ORS

477.580 (6) relieving Contractor of such obligations.

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PROJECTS

Section 2610. Project Work. Contractor shall complete the following Projects (the “Project Work”) in accordance with the following specifications and written instructions from Agency. Project locations are shown on Exhibit A’s (Operations Map) unless otherwise described. Contractor shall furnish, at a minimum, all equipment, labor, transportation and materials to complete the following Projects:

Project No. 1: Road Brushing at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 2: Road Drainage and ditching at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 3: Culvert work at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 4: Road Construction at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No.5: Road Rocking at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 6: Grade/Shape/Compact at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 7: Landing Construction at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 8: Spur Road Closures at the following points according to the Exhibit D “Forest Road Specifications” below:

Project No. 9: Section 2370 Slash Disposal. Landing pile clean-up and slash reduction work within the disc golf course (Unit 7) and Unit 5.

Project No. 10: Landing rehabilitation within the designated landing clean-up area shown on ExhibitA2.2 according to specifications in Exhibit E and F.