Exhibit A.docx

EXHIBIT A

SCOPE OF WORK

Roadside Fuel Breaks (50 ft. off road edge) Combination of slash treatments to achieve fuel breaks: pile & burn, chip, scatter >50’ from road, and 2 wildlife structures per acre.

Stand ID (Roadside)

Pre-Commercial Thinning - Lop and Scatter - Scope of work

Stand ID

Mechanical Scotch Broom Treatment - Scope of Work

Stand ID (Roadside)

Contractor shall designate in writing a representative who is authorized to represent and act on behalf of Contractor in all matters pertaining to this contract. This representative shall be present on the project at all times when contract work is being performed.

(1.0) Definitions.

Brush – Woody vegetation consisting of shrub species with single or multi-stems originating at or near ground level and not normally exceeding 20 feet in height. Includes, but not limited to, species such as: salal, Oregon grape, vine maple, elderberry, salmonberry, hazel, huckleberry, thimbleberry, manzanita, ocean spray, ceanothus, coyote brush and rhododendron. Forbs, grasses and other non-woody shrubs such as bracken fern and sword fern are not included in the definition of Brush.

Conifer - An evergreen, cone bearing trees, such as Douglas-fir, western red cedar, incense cedar, western hemlock, white fir, and Port-Orford-cedar.

Cull tree - Trees that have broken, dead or forked tops, or show clear signs of low vigor because of disease or other factors.

Competitive/Surplus Trees - All trees, excluding yew, that are over 2' tall and less than 6” DBH. Individual stems < 6” DBH on multi-stemmed trees are considered competitive/surplus trees.

Competitive Brush - Brush within an 8-foot radius of stem of Leave Trees AND 1/2 the height or greater than the average height of surrounding Leave Trees.

Cut Leave Tree - A tree noted during inspection of the area as a tree that should not have been cut.

Damaged Leave Tree - A Leave Tree noted during inspection of the area that was damaged through felling of other trees or brush or contact with cutting tools.

DBH - Diameter of the tree at breast height, measured at a point 4½ feet above ground level from the uphill side of the tree.

Hardwood - A broad-leaved tree species which typically grows with a single well-defined trunk and attains a height of greater than 20 feet. Hardwoods include but are not limited to species such as: red alder, Oregon myrtle, bigleaf maple, golden chinquapin, cascara, Pacific dogwood, and madrone. Sprouting hardwood species may be in the form of multi-stemmed clumps.

Leave Trees (Trees not cut) - All trees larger than 6-inch DBH. All conifers smaller than 6-inch DBH that are healthy and vigorous, over half the average height of surrounding pre-commercial trees, and selected by Contractor to conform to 194 TPA and average 15’x15’ spacing specifications. Also includes all trees and brush marked with pink ribbon by CTCLUSI to promote diversity.

Lodged Trees and Brush - Cut trees and brush noted during inspection of the area leaning into, supported by, or covering a Leave Tree.

Lop and Scatter - Severing and spreading of Slash so that no part of it remains more than 24 inches above the ground.

Noncompetitive Trees and Brush - Trees less than 2' high, all dead trees. Hardwood trees at least 13' away from Leave Tree, brush less than 1/2 the height of Leave Trees, brush more than 8’ from Leave Trees.

Running Surface of Road - The edge of the running surface for a gravel road is the edge of the processed and compacted gravel. The edge of the running surface of a paved road is the edge of the pavement. When a road, shown on a contract map, is without a well-defined running surface edge, or is a dirt road, then the edge of the road for purposes of this contract will be designated by the Project Inspector.

Girdling - Girdling consists of making cuts around the trunk of the tree. Cuts will be at least 8 inches from the top of the cut to the bottom of cut. Cuts shall penetrate at least 1/2 inch into the wood of the hardwood tree. Girdling must completely encircle the hardwood or cull tree and all bark removed within girdled area. Trees shall be girdled below the lowest live limb on the tree.

Slash/Woody Residue - Any material which has been cut by the Contractor.

Uncut Competitive/Surplus Trees and Brush - Trees or brush that have not been cut to provide the required spacing or release for Leave Trees.

Unsatisfactorily treated plot - Any plot that exhibits one or more of the following unacceptable items: Cut Leave Trees, damaged Leave Trees, lodged trees, live limbs on stumps, high stumps, uncut or un-girdled competitive/surplus trees or brush.

(2.0) Project Areas, Forest Roads and Work Schedule.

(2.1) Work Areas.

There are two Mechanical Scotch broom removal work areas totaling 9.9 acres, 16 roadside pre-commercial thinning with hand piling and burning work areas totaling 89 acres, and nine non-roadside pre-commercial thinning areas with lop and scatter totaling 472.7 acres located in portions of T15S, R07W, Sections 14, 15, 16, 22 and 26, Willamette Meridian, Lane County, Oregon.

Locations of each unit are shown on the attached maps (“Exhibit B”). Boundaries of roadside thinning stands are marked with orange flagging; boundaries of non-roadside thinning stands (or “interior stands”) are marked with pink flagging with black polka dots; trees or shrubs flagged with pink are CTCLUSI-designated Leave Trees for diversity. In locations where Interior and Roadside thinning work areas share a boundary, pink and black polka dot flagging, and orange flagging, will be hung together.

· Roadside Stand Boundary – Orange flagging

· Interior Stand Boundary – Pink flagging with black dots

· CTCLUSI-selected Leave Trees – Pink flagging

(2.2) Adjustments in Acreage.

The Tribe reserves the right to reduce or to increase the acreage to be pre-commercially thinned by an amount that does not exceed twenty (20) percent of the total acreage specified in the Invitation to Bid. If the Tribe reduces or increases the acreage to be pre-commercial thinned on a particular unit pursuant to this section, the Tribe shall pay Contractor for each acre actually pre-commercial thinned by Contractor in that unit. The price to be paid per acre shall be that per acre price originally proposed by Contractor and accepted by the Tribe for that unit according to the terms of this agreement. No increase or reduction of acreage under this section shall operate to change the per acre price set out above.

(2.3) Road Rules and Fire Suppression Fire suppression and road use rules and restrictions are listed in a separate, binding contract document titled “ROAD USE RULES AND RESTRICTIONS AND FIRE PROTECTION AND SUPPRESSION”.

(2.4) Work Period.

Work on stands 1195703 and 1198702 using motorized equipment, such as chainsaws, must be completed outside of the Northern Spotted Owl breeding period (March 1 to September 30). After the Notice to Proceed is issued, either verbally or in writing by the Tribe, work shall commence within 5 days, unless otherwise approved by the Tribe. Time is of the essence for this Contract. A normal work schedule shall be 8:00 a.m., to 5:00 p.m., daily, Monday through Friday, unless otherwise approved by the Tribe. Any suspension of work of more than one day must be approved by the Tribe. Work delays which are not approved by the Tribe may result in liquidated damages of $20 per hour (maximum of $100/day) for each hour of a normal working day Contractor is not working on the pre-commercial thinning herein contracted for, until approval is received from the Tribe.

Work shall not be scheduled on any holiday unless approved by the Tribe.

CTCLUSI recognizes the following holidays:

New Year's Day (January 1);

Martin Luther King, Jr. Day (third Monday in January);

Presidents' Day (third Monday in February);

Memorial Day (last Monday in May);

Juneteenth (June 19);

Independence Day (July 4);

Labor Day (first Monday in September);

Native American Day (September 23);

Indigenous People’s Day (October 11);

CTCLUSI Restoration Day (October 17);

Veterans' Day;

Thanksgiving (fourth Thursday in November);

Native American Heritage Day (November 21;

Staff Appreciation Day (Christmas Eve);

Christmas Day (December 25)

(3.0) Non-Roadside Stands - Thinning and Treatment Specifications

(3.1) Species Diversity.

To enhance species diversity, a variety of conifer and hardwood species should be selected as Leave Trees if they are healthy, undamaged, vigorous, and well-formed and are at least 1/2 the average height of the surrounding pre-commercial Leave Trees. The Contractor will be selecting most Leave Trees in Non-Roadside Stands. Conifer Leave Trees shall be selected and prioritized by the Contractor in the order they are listed below.

1. Pacific Yew. No Pacific yew shall be cut for any reason.

2. Cedar (both Western red and Port Orford)

3. Douglas Fir

4. White fir

5. Pacific dogwood

6. Pacific madrone

7. Chinquapin

8. Big leaf maple

9. Cascara

10. Oregon ash

11. All other hardwoods

The Tribe may designate any tree, including cull conifers or hardwoods, as Leave Trees by clearly marking the tree with pink ribbon. Hardwood trees marked with pink ribbon by the Tribe will be selected by Contractor as a Leave Trees. The Contractor is responsible for retaining an average of one hardwood Leave Tree per acre that is healthy, undamaged, vigorous, well-formed, and at least ½ the average height of the surrounding pre-commercial Leave Trees following the hardwood species list above.

Where brush or rock create non-stocked openings greater than fifteen (15) feet in diameter, Leave Trees shall be left eight (8) feet apart on the perimeter of the non-stocked area.

For the purposes of this contract the following shall also apply:

A) Leave Trees should in most cases be over half the height of the surrounding pre-commercial trees, and must be three (3) feet or greater in height.

B) All trees six (6) inches or more in diameter are Leave Trees.

C) Boundary trees marked with orange or pink and black polka dot flagging are not Leave Trees identified by CTCLUSI but may be selected by contractor if they meet Leave Tree requirements.

D) Trees marked with pink ribbon are Leave Trees.

Areas with pure hardwood stands shall be pre-commercial thinned in the same manner as conifer stands.

Hardwood stands with an understory of Douglas fir will be treated like pure hardwood stands if the Douglas fir is less than one-half the height of the hardwoods and exhibits signs of severe sparse crowns, chlorosis, and a trend of decreasing leader growth. If correct Leave Tree selection is not made by Contractor, the Tribe will suspend the thinning operation until Contractor demonstrates acceptable Leave Tree selection.

(3.2) Felling Surplus Trees.

Conifer trees that meet the definition of Competitive/Surplus Tree and not selected as Leave Trees, cull conifers, and hardwood species that are not a Leave Tree are classed as Surplus Trees. Surplus Trees must be felled in a manner which prevents any damage to Leave Trees. Trees must be severed completely from the stump and no live limbs should be left on the stump. Stump height shall not exceed six (6) inches measured on the uphill side. Felled trees shall not be left hanging or leaning against Leave Trees.

(3.3) Selection of Leave Trees.

The Contractor shall select approximately 194 healthy, vigorous, well-formed Leave Trees per acre (or “TPA”) conforming to average 15' x 15' spacing. The Contractor may vary the spacing 20% (12 ft. – 18 ft.) in order to select the best Leave Tree (prioritized in Section 3.1) without numerically changing the average number of Leave Trees per acre. Contractor shall cut all competitive trees within the required spacing, except for trees flagged with pink ribbon. In areas without conifer trees (excluding western hemlock), the largest, healthiest hardwood trees, prioritized according to Section 3.1 above, will be spaced on average 15' x 15' spacing (+/- 20%). The Tribe may mark Leave Tree hardwoods or cull conifers to promote species and structural diversity using pink ribbon. No stems shall be cut on multi-stemmed Leave Trees flagged with only one pink ribbon.

(3.4) Treatment of Competitive Surplus Trees and Brush Species.

In Non-Roadside Stands, the Contractor shall cut all Competitive/Surplus Trees taller than 2 feet and with a DBH less than 6” (trees not selected as Leave Trees within the specified spacing) and all competitive brush within an 8' radius of the Leave Tree that is ½ the height or greater than the height of the Leave Trees, with the exception of vegetation that has been marked by the Tribe with pink flagging. This brush shall be cut in order to promote survival and growth of the Leave Trees.

(3.5) Additional Treatment Requirements.

(3.6) Lop and Scatter Requirements.

A. Cut pieces shall be no longer than six (6) feet.

B. Lop all limbs that are pointing upwards from felled trees.

C. Scatter slash to a depth no deeper than two (2) feet.

D. Do not pile scatter or pile slash on bear grass.

(4.0) Roadside Stands - Thinning and Treatment Specifications

(4.1) Species Diversity (See Section 3.1 Species Diversity)

(4.2) Felling Surplus Trees (See Section 3.2 Felling Surplus Trees)

(4.3) Selection of Leave Trees In Roadside Stands, the Contractor shall retain all trees six (6) inches DBH and greater. All trees under six (6) inches DBH and greater than two (2) ft. tall shall be cut, except for any trees marked with pink ribbon. The Tribe will mark hardwood and conifer trees for retention to promote species diversity in roadside treatment units.

(4.4) Treatment of Competitive Surplus Trees and Brush Species.

In Roadside Stands, the Contractor shall cut all surplus trees taller than 2 feet and with a DBH less than 6” and all brush that is over two (2) feet tall with the exception of vegetation that has been marked by the Tribe with pink flagging. This brush shall be cut in order to promote survival and growth of the understory plants such as bear grass, trailing blackberry, and blackcap raspberry.

(4.5) Additional Treatment Requirements (See Section 3.5 Additional Treatment Requirements)

In roadside stands, it is the contractor’s option to pile and burn, chip, or scatter woody residue over 50’ from the road. Up to two structures per acre may be left for wildlife habitat that meet the USDA Conservation Practice Standard No. 649 Structures for Wildlife. A combination of these methods is acceptable in roadside stands to achieve a sufficient fuel break.

(4.6) Piling requirements

1. Invasive Scotch broom shall be cut and left in place instead of piled to minimize risk of spreading seed.

2. Slash created by thinning operation exceeding 4 foot in length and 1.5-inch base diameter will be piled.

3. Piles shall be constructed to facilitate full consumption when they are burned. Piles shall be sufficiently free of soil and other noncombustible material for effective burning.

4. All piles shall be built and compacted:

a. by laying limbs, stems, cut boles, and other slash so there are no air spaces

b. each pile shall include an area of kindling for prompt ignition in the center or bottom of the pile.

c. The piles will be constructed so that they will burn after a snow event or rainstorm.

5. Slash piles will be in open areas to the extent practicable. Piles will not exceed 10’ x 6’ x 6’, when piles are among trees. Cover slash piles with 10’x10’ kraft paper, plastic, etc. to allow material to dry and for burning under wet conditions. To minimize fire damage, place piles far enough away from remaining trees.

6. As a minimum all slash shall be bucked to the pile diameter.

7. The minimum pile size will be 6 feet high and 6 feet in diameter. The pile diameter will be symmetrical to each side, in a circle shape.

8. The minimum distance between piles will be the pile height. Measurement is taken at the bottom of the pile for pile size and distance.

9. The maximum size of the piles will be determined by the opening dimension of the residual forest canopy and tree susceptibility to crown scorch or mortality.

10. All material will be contained within the general contour of the pile and any material protruding out 4 feet or more will be sawed off and placed back on the pile.

11. The Tribes may designate maximum, minimum, or both pile sizes when it determines this is required to meet resource objectives.

12. The piles will be constructed so that there will be a break in residual slash around the pile of at least 10 feet.

13. Piles shall be located so that burning will not damage standing live trees or physical improvements such as fences, signs, or cattle-guards.

14. Piles shall not be located on roads, bearing survey markers, property line marker, in drainage ditches, or within stream courses.

15. Piles will be located outside the drip-line of trees where possible.

16. Forest canopy openings will be utilized for acceptable piling areas.

17. Preferred pile placements that the contractor will follow are outside of the drip-line of trees, in the center of large openings, away from culturally significant shrub, grass and forb species such as bear grass and others as directed by Forester.

18. Piling shall be accomplished in a manner that will prevent the accumulation of dirt in the piles.

19. If conditions make it impractical to locate piles where damage to live trees and improvements can’t be avoided, a space may be cleared in a location designated and agreed to by the Tribe or constructed adjacent to less desirable, smaller trees.

20. It shall be the Tribe’s discretion if the contractor’s pile placement is unacceptable.

21. A pile shall be relocated, consolidated or a space shall be cleared to prevent residual tree mortality.

22. Tracked and wheeled equipment such as excavators and vehicles are limited to the road and shall not be driven into roadside thinning stands.

23. Piles will be located on CTCLUSI property and over 40-feet from a property line.

(4.7) Burning of Piles and Concentrations of Slash

In roadside stands, it is the contractor’s option to pile and burn, chip, or scatter woody residue over 50’ from the road. Up to two structures per acre may be left for wildlife habitat that meet the USDA Conservation Practice Standard No. 649 Structures for Wildlife. A combination of these methods is acceptable in roadside stands to achieve a sufficient fuel break.

1. Piles created prior to September 1 shall be treated not later than April 1 of the year following its creation.

2. Piles created on or after September 1 shall be treated not later than April 1 of the second year following its creation.

3. A 24” fire break down to mineral soil will be cut around each pile, excluding wildlife piles.

4. Piles shall be burned at a safe time during the first wet fall or winter weather or other safe period following piling and according to laws and regulations. Piles and concentrations that fail to burn sufficiently to remove the fire hazard shall be further treated to eliminate that hazard. All necessary precautions shall be taken to confine such burning to the piled Slash.

5. The Tribe shall be notified in advance of the time and place of any burning of Slash. Any burning shall be done in the manner provided by Law.

6. Slash burning operations and fire hazard abatement operations shall be conducted in a manner which will not damage residual trees and reproduction.

7. Burning will be comply with supplemental ROAD USE RULES AND RESTRICTIONS AND FIRE PROTECTION AND SUPPRESSION.

(5.0) Inspection and Payment

(5.1) Inspection The Tribe will periodically inspect thinned areas to determine stocking levels and other stand conditions by establishing enough plots to sample at least one (1) percent of each area. Inspection by visual reconnaissance will supplement plot record data. Plot records will include; (1) number of Leave Trees per acre after thinning; (2) number of overtopped Leave Trees; (3) number of Leave Trees damaged by Contractor; and (4) general comments on selection of Leave Trees and work quality. The plot records will be reviewed with Contractor on a regular basis.

(5.2) Payment.

The Tribe will inspect the work and certify the amount of work done according to work specifications.

If work is terminated for convenience, the Tribe will pay for all certified work. The Tribe may offer adjusted payment for certain work not done according to specifications if the work was done diligently and defects were not caused deliberately or maliciously.

Full payment will be awarded for acreage which the Tribe determines satisfactory performance has been accomplished.

If more trees are left on a thinned area than specified in Exhibit A, the Tribe will require re-thinning of that area before a payment will be calculated.

The Tribe may offer adjusted payment for acreage which is thinned below the minimum range of Leave Trees per acre shown on Exhibit A. Such adjustment will be a reduction equal to the percentage difference between actual number of Leave Trees per acre and the target number of Leave Trees per acre specified for acceptable stocking levels on Exhibit A. Adjusted payment will not be offered for acreage if stocking is reduced by more than fifteen (15) percent of the target stocking level. One acre is the minimum that can be used to require re-treatment, adjust payment or deny payment.

Adjusted payment may also apply if more than ten (10) percent of actual Leave Trees are overtopped or are damaged by Contractor. No payment will be given if damaged and/or overtopped Leave Trees exceed fifteen (15) percent of the target stocking level.

(6.0) Fire Responsibility.

If a fire occurs on a work area while the operation is in progress, the Contractor shall immediately make every possible effort to control and extinguish the fire and to notify the Tribe and Oregon Department of Forestry as soon as possible. The Contractor also is responsible for all firefighting costs incurred by Contractor and Tribe for fires resulting from Contractor’s operations, or willful, malicious or negligent acts of the Contractor. Further, the Contractor shall save harmless the Tribe from any and all costs, damage and loss which the Tribe may incur from such fires. All state fire laws shall be followed. All requirements pursuant to the Oregon Department of Forestry Industrial Fire Precaution Levels (IFPLs) for west of the Cascades shall be followed by the Contractor.

During the fire season, the following special precautions will be required, as a minimum. Additionally, the requirements listed in the Tribes’ “ROAD USE RULES AND RESTRICTIONS AND FIRE PROTECTION AND SUPPRESSION” supplement apply to this contract.

a) Power Saws. Each power saw shall be provided with a spark arrestor and muffler in good condition, one chemical-pressurized fire extinguisher of not less than eight (8) oz. capacity by weight. Power saws will be fueled in an area cleared of flammable material.

b) Motorized Vehicles. Each motorized vehicle used in the performance of work will contain a fire extinguisher having a combined UL rating of at least 40-B: C. Also required is one shovel and a double-bitted axe or Pulaski.

The Contractor will furnish fire-fighting tools to all personnel working on the site. Tools such as shovels, Pulaski’s and axes will be furnished. Example ten (10) personnel = five (5) Pulaski’s and five (5) shovels.

Open fires such as campfires or charcoal barbecues are not allowed at any time without permission from the Tribe. The Tribe also has the authority to suspend any or all work due to fire hazard.

(7.0) Materials and Services Furnished by the Parties:

(7.1) Materials and Services Furnished by the Contractor:

A. All equipment necessary to complete the work specified in the contract.

B. All costs of equipment, operation and transportation.

C. All required safety equipment and training.

D. Designated representative to supervise contract operations and represent CONTRACTOR.

E. Operating Permit: State law requires a permit to operate power driven machinery (a.k.a. a Notice of Operation) and this requirement includes chainsaws. The Notice of Operations is free and must be obtained from the Oregon Department of Forestry Office through their FERNS website prior to operations (htpps://ferns.odf.state.or.us/E-Notification). The Contractor will be required to provide a copy of the Notice of Operation to the Tribal Representative.

F. Contractor will provide portable restroom or similar means of ensuring that human waste is not left in the woods.

E. Contractor is responsible for cleaning up all litter in work area. Work area should be left in same or better condition. If litter is found in work areas, payment may be withheld. Multiple occurrences may result in termination of contract.

(7.2) Work Crews Furnished by the Contractor.

Workers shall be organized into crews of not more than 10 nor less than 5 persons. Contractor shall not change the number or size of crews unless approved by the Tribe. Foreman shall be designated by Contractor and shall work as foreman for the duration of the contract unless otherwise approved by the Tribe.

(7.3) Materials and Services Furnished by the Tribe:

A. Designated representative to acquaint Contractor with areas and access roads and to represent the Tribe in administration of the contract.

B. Periodic inspection of work for compliance and certification of Contractor’s work. Frequency of inspection and supervision is at the discretion of the Tribes.

C. Project Maps in various formats showing units to be pre-commercial thinned.

D. Boundary and Leave Tree flagging as described herein.

(8.1) Proof of Bonding and Insurance Contractor must provide all required proof of bonding and insurance certificates to Tribe within ten (10) business days of notification. Failure to present the required documents within ten (10) business days may be grounds for suspension of work or termination of this agreement.

(8.2) Performance Bond Bidders shall submit with their bids a cashier's check, certified check, savings and loan secured check payable to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians in an amount equal to 5% of the total bid amount. This bid security/and Performance Bond shall be forfeited by a bidder who fails to execute promptly any contract offered.

Upon notification of award, the Bid Security and Performance Bond will be held by the Tribe as the Performance Security to ensure the Tribe faithful performance of the Contract.

Exhibit A – Scope of Work 2