Exhibits 1 to 4 127EAX22R0006.pdf

"General Decision Number: AZ20220008 02/25/2022

Superseded General Decision Number: AZ20210008

State: Arizona

Construction Type: Highway

Counties: Coconino, Maricopa, Mohave, Pima, Pinal, Yavapai, and Yuma Counties in Arizona.

HIGHWAY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.

If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/07/2022 1 02/25/2022

CARP0408-005 07/01/2021

Rates Fringes

CARPENTER (Including Cement Form Work).......................$ 30.63 13.49

ENGI0428-001 06/01/2021

Rates Fringes

POWER EQUIPMENT OPERATOR

Group 1.....................$ 28.59 12.12 Group 2.....................$ 31.86 12.12 Group 3.....................$ 32.94 12.12 Group 4.....................$ 33.97 12.12

POWER EQUIPMENT OPERATORS CLASSIFICATIONS:

GROUP 1: A-frame boom truck, air compressor, Beltcrete, boring bridge and texture, brakeman, concrete mixer (skip type), conductor, conveyor, cross timing and pipe float, curing machine, dinky (under 20 tons), elevator hoist (Husky and similar), firemen, forklift, generator (all), handler, highline cableway signalman, hydrographic mulcher, joint inserter, jumbo finishing machine, Kolman belt loader, machine conveyor, multiple power concrete saw, pavement breaker, power grizzly, pressure grout machine, pump, self-propelled chip spreading machine, slurry seal machine (Moto paver driver), small self-propelled compactor (with blade-backfill, ditch operation), straw blower, tractor (wheel type), tripper, tugger (single drum), welding machine, winch truck

GROUP 2:

ALL COUNTIES INCLUDING MARICOPA: Aggregate Plant, Asphalt plant Mixer, Bee Gee, Boring Machine, Concrete Pump, Concrete Mechanical Tamping-Spreading Finishing Machine, Concrete Batch Plant, Concrete Mixer (paving & mobile), Elevating Grader (except as otherwise classified), Field Equipment Serviceman, Locomotive Engineer (including Dinky 20 tons & over), Moto-Paver, Oiler-Driver, Operating Engineer Rigger, Power Jumbo Form Setter, Road Oil Mixing Machine, Self-Propelled Compactor (with blade-grade operation), Slip Form (power driven lifting device for concrete forms), Soil Cement Road Mixing Machine, Pipe-Wrapping & Cleaning Machine (stationary or traveling), Surface Heater & Planer, Trenching Machine, Tugger (2 or more drums).

MARICOPA COUNTY ONLY: Backhoe < 1 cu yd, Motor Grader (rough), Scraper (pneumatic tired), Roller (all types asphalt), Screed, Skip Loader (all types 3<6 cu yd), Tractor (dozer, pusher-all).

GROUP 3:

ALL COUNTIES INCLUDING MARICOPA: Auto Grade Machine, Barge, Boring Machine (including Mole, Badger & similar type directional/horizontal), Crane (crawler & pneumatic 15>100 tons), Crawler type Tractor with boom attachment & slope bar, Derrick, Gradall, Heavy Duty Mechanic-Welder, Helicopter Hoist or Pilot, Highline Cableway, Mechanical Hoist, Mucking Machine, Overhead Crane, Pile Driver Engineer (portable, stationary or skid), Power Driven Ditch Lining or Ditch Trimming Machine, Remote Control Earth Moving Machine, Slip Form Paving Machine (including Gunnert, Zimmerman & similar types), Tower Crane or similar type.

MARICOPA COUNTY ONLY: Backhoe<10 cu yd, Clamshell < 10 cu yd, Concrete Pump (truck mounted with boom only), Dragline <10 cu yd, Grade Checker, Motor Grader (finish-any type power blade), Shovel < 10 cu yd.

GROUP 4: Backhoe 10 cu yd and over, Clamshell 10 cu yd and over, Crane (pneumatic or crawler 100 tons & over), Dragline 10 cu yd and over, Shovel 10 cu yd and over.

All Operators, Oilers, and Motor Crane Drivers on equipment with Booms, except concrete pumping truck booms, including Jibs, shall receive $0.01 per hour per foot over 80 ft in addition to regular rate of pay

Premium pay for performing hazardous waste removal $0.50 per hour over base rate.

IRON0075-004 04/01/2021

COCONINO, MARICOPA, MOHAVE, YAVAPAI & YUMA COUNTIES

Rates Fringes

Ironworker, Rebar................$ 28.80 19.35

Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson Zone 2: 050 to 100 miles - Add $4.00 Zone 3: 100 to 150 miles - Add $5.00 Zone 4: 150 miles & over - Add $6.50

LABO1184-008 06/01/2021

Rates Fringes

Laborers:

Group 1.....................$ 21.93 6.27 Group 2.....................$ 23.57 6.27 Group 3.....................$ 24.43 6.27 Group 4.....................$ 25.40 6.27 Group 5.....................$ 26.50 6.27

LABORERS CLASSIFICATIONS:

GROUP 1: All Counties: Chipper, Rip Rap Stoneman. Pinal County Only: General/Cleanup Laborer. Maricopa County Only: Flagger.

GROUP 2: Asphalt Laborer (Shoveling-excluding Asphalt Raker or Ironer), Bander, Cement Mason Tender, Concrete Mucker, Cutting Torch Operator, Fine Grader, Guinea Chaser, Power Type Concrete Buggy

GROUP 3: Chain Saw, Concrete Small Tools, Concrete Vibrating Machine, Cribber & Shorer (except tunnel), Hydraulic Jacks and similar tools, Operator and Tender of Pneumatic and Electric Tools (not herein separately classified), Pipe Caulker and Back-Up Man-Pipeline, Pipe Wrapper, Pneumatic Gopher, Pre-Cast Manhole Erector, Rigger and Signal Man-Pipeline

GROUP 4: Air and Water Washout Nozzleman; Bio-Filter, Pressman, Installer, Operator; Scaffold Laborer; Chuck Tender; Concrete Cutting Torch; Gunite; Hand-Guided Trencher; Jackhammer and/or Pavement Breaker; Scaler (using boson's chair or safety belt); Tamper (mechanical all types).

GROUP 5: AC Dumpman, Asbestos Abatement, Asphalt Raker II, Drill Doctor/Air Tool Repairman, Hazardous Waste Removal, Lead Abatement, Lead Pipeman, Process Piping Installer, Scaler (Driller), Pest Technician/Weed Control, Scissor Lift, Hydro Mobile Scaffold Builder.

PAIN0086-001 04/01/2017

Rates Fringes

PAINTER

PAINTER (Yavapai County only), SAND BLASTER/WATER BLASTER (all Counties)......$ 19.58 6.40

ZONE PAY: More than 100 miles from Old Phoenix Courthouse $3.50 additional per hour.

* SUAZ2009-001 04/20/2009

Rates Fringes

CEMENT MASON.....................$ 19.28 3.99

ELECTRICIAN......................$ 22.84 6.48

IRONWORKER (Rebar) Pima County.................$ 23.17 14.83 Pinal County................$ 20.27 8.35

LABORER

Asphalt Raker...............$ 15.49 3.49 Compaction Tool Operator....$ 14.59 ** 2.91 Concrete Worker.............$ 13.55 ** 3.20 Concrete/Asphalt Saw........$ 13.95 ** 2.58 Driller-Core, diamond, wagon, air track............$ 16.94 3.12 Dumpman Spotter.............$ 14.99 ** 3.16 Fence Builder...............$ 13.28 ** 2.99 Flagger Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 12.35 ** 1.59 Formsetter..................$ 16.09 3.97 General/Cleanup Laborer Coconino, Maricopa, Mohave, Pima, Yavapai & Yuma.......................$ 14.54 ** 3.49 Grade Setter (Pipeline).....$ 17.83 5.45 Guard Rail Installer........$ 13.28 ** 2.99 Landscape Laborer...........$ 11.39 ** Landscape Sprinkler Installer...................$ 15.27 Pipelayer...................$ 14.81 ** 2.96 Powderman, Hydrasonic.......$ 16.39 2.58

OPERATOR: Power Equipment Asphalt Laydown Machine.....$ 21.19 6.05 Backhoe < 1 cu yd Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 17.37 3.85 Backhoe < 10 cu yd Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 18.72 3.59 Clamshell < 10 cu yd Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 18.72 3.59 Concrete Pump (Truck Mounted with boom only) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 19.92 7.10 Crane (under 15 tons).......$ 21.35 7.36 Dragline (up to 10 cu yd) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 18.72 3.59 Drilling Machine (including Water Wells).....$ 20.58 5.65 Grade Checker Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 16.04 3.68 Hydrographic Seeder.........$ 15.88 7.67 Mass Excavator..............$ 20.97 4.28 Milling Machine/Rotomill....$ 21.42 7.45 Motor Grader (Finish-any type power blade)

Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 21.92 4.66 Motor Grader (Rough) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 20.07 4.13 Oiler.......................$ 18.15 8.24 Power Sweeper...............$ 16.76 4.44 Roller (all types Asphalt) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 18.27 3.99 Roller (excluding asphalt)..$ 15.65 3.32 Scraper (pneumatic tired) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 17.69 3.45 Screed Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 17.54 3.72 Shovel < 10 cu yd Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 18.72 3.59 Skip Loader (all types <3 cu yd)......................$ 18.28 5.30 Skip Loader (all types 3 < 6 cu yd) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 18.64 4.86 Skip Loader (all types 6 < 10 cu yd)...................$ 20.15 4.52 Tractor (dozer, pusher -all) Coconino, Mohave, Pima, Pinal, Yavapai & Yuma......$ 17.26 2.65

PAINTER

Coconino, Maricopa, Mohave, Pima, Pinal & Yuma..$ 15.57 3.92

TRUCK DRIVER

2 or 3 Axle Dump or Flatrack....................$ 16.27 3.30 5 Axle Dump or Flatrack.....$ 13.97 ** 2.89 6 Axle Dump or Flatrack (< 16 cu yd)...................$ 17.79 6.42 Belly Dump..................$ 14.67 ** Oil Tanker Bootman..........$ 22.03 Self-Propelled Street Sweeper.....................$ 13.11 ** 5.48 Water Truck 2500 < 3900 gallons.....................$ 18.14 4.55 Water Truck 3900 gallons and over....................$ 15.92 3.33 Water Truck under 2500 gallons.....................$ 15.94 4.16

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications;

however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

Apache-Sitgreaves National Forests: INDUSTRIAL FIRE PLAN

The following requirements are a part of this solicitation and any resultant contract or permit, and shall be provided at the

1. Wildfire Prevention During periods of contract/permit performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

2. Execution of Industrial Fire Plan a.

(COR) or Permit Administrator, except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements. The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the

Industrial Fire Plan requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the Contractor/Permit holder will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c.

requirements are met at all times, both on the job-site

4. Fire Prevention Requirements

a. Fire Toolbox -mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.

The fire toolbox is to be maintained with tools in good working condition, in such quantities and mix to provide at least one firefighting tool for each person engaged in contract operations. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaw may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

The fire toolbox shall be replenished with cleaned, re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours The Contractor shall restrict operations in accordance with the following Industrial Fire Plan level unless the COR waives the requirement in writing.

Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of which stage in the industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am

MST.

c. Blasting Use of fuses in blasting shall not be permitted. A Fire Guard must remain on the blasting site for a minimum of one hour after blasting operations have concluded. Required equipment shall consist of at least one 5 lb. fire extinguisher, one long-handled round-pointed shovel size 0 or larger and one 5-gallon hand pump garden sprayer or backpack pump filled with water. Written permission must be obtained from the CO during fire precaution plan B and C days. Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding An area of sufficient size but not less than a 10 foot radius shall be cleared down to bare mineral soil before welding operations are started. Prior to welding, authorized user shall have available a round-pointed long-handled shovel, at least 5-gallons of water, and a 5-pound fire ABC dry chemical extinguisher at each welding site. A Fire Guard must remain on the welding site for a minimum of one hour after welding operations have concluded. Written permission must be obtained from the COR during fire precaution plan B, C, and D days. Welding is prohibited on Red Flag days.

e. Slash Incineration Operation of forced-air burners must comply with all state and federal open burning laws, regulations and policies. Forced air burners shall be operated with a minimum set back from combustibles of 100 feet.

This activity is prohibited on fire precaution plan C, D and Red Flag days. This activity is restricted and only permitted under a specifically-designated contract.

f. Refuse Burning No slash (such as that resulting from thinning, or clearing a right-of-way), or other debris shall be burned without advance written consent of the Forest Service. Waste such as broken tools, worn tarps, camp tables, etc. shall be disposed of properly off-Forest, rather than burning.

g. Ash disposal Ash from cooking or warming fires shall be treated in such a manner as to not constitute a wildfire risk, and shall be disposed of in an approved manner designated by the COR.

h. Controlled Burning All planned burns, including pile burns or use of air curtain burners, conducted by the Contractor under the terms and conditions of the contract are required to have a written Burn Plan that meets the requirements of Forest Service Manual 5140 for the project. The Burn Plan must be prepared, recommended and approved by the appropriate Forest Service Officers. The Contractor will notify the CO, COR, and District Fire Management Officer prior to implementation of a burning project. The Contractor will insure all appropriate Federal, State and local laws, regulations, and policies pertinent to the Burn Plan, are adhered to. Training and qualification standards for the

NWCG 310-1, which can found at the National Wildfire Coordinating Group website, www.nwcg.gov/pms/docs/docs.htm.

i. Fire Guard To prevent, detect, and suppress wildfires, the Contractor/Permit holder shall provide one or more trained Fire Guards at each operating area where internal combustion engines, power-driven equipment, incineration equipment, or camp/warming fires are used. Each Fire Guard is required to read, understand, and perform the Industrial Fire Plan duties. The Fire Guards may perform other contract work in conjunction with Fire Guard duties, provided such other work does not distract from Fire Guard responsibilities. A Fire Guard(s) assigned on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of ten (10) minutes to any of the other areas, and provided the Fire Guard patrols all areas where operations have occurred.

Each Fire Guard shall be trained, vigilant, able and prepared, to prevent, detect, and report any wildfire; and to promptly and efficiently take suppression action with available required firefighting equipment and personnel on any wildfire that starts on the contract/project area. The Fire Guards shall constantly perform their duties during normal operating hours, with an added three (3) hour watch after work stops for the day when the Fire Precaution Plan is at Plan B, C, or D (see Supplement 1). If the Contractor has agreed to additional terms for operation under Fire Precaution Plan D (see Supplement 2), the Fire Guard will perform all requirements specified in the Plan D Authorization Letter issued by the CO.

Each Fire Guard shall be equipped with a vehicle and shall carry a minimum 5 lb. fire extinguisher and fire tools consisting of a cache box with one shovel, size 0 or larger, one cutting tool such as either an axe, Pulaski or chainsaw, one fire rake or heavy duty garden rake, two 5-gallon hand pump garden sprayers or backpack pumps, and 25 gallons of water for firefighting purposes. All equipment and tools shall be maintained in serviceable and operable condition.

The tool cache for the Fire Guard will be in addition to the Fire Toolbox maintained for the work crews and available for use at both the work site and campsite.

j. Communications The Contractor shall provide some form of prompt and reliable direct communication, such as a cell phone or two-way radio, between the Fire Guard(s) and the work crews, and between the and or other form of prompt contact, will be reported to the COR at the pre-work meeting. All communications will be in English.

5. Wildfire Suppression

a. The Contractor shall take independent action immediately to suppress all fires originating within the contract boundary and camp location. The Contractor shall continue fighting the fire until released from the fire by the Forest Service.

The Contractor will take appropriate action on a fire outside the contract area or campsite to the level of their firefighting experience, abilities and qualifications. The Contractor may be requested to assist the Forest Service with fighting a fire if the personnel have been trained and equipped with the proper personnel protective equipment (PPE).

If contract operations are interrupted for firefighting purposes the Contractor shall notify the COR as soon as practical.

b. If the Contractor pursues fighting any wildfire which has moved from off the USFS contract land and crosses onto lands of other ownership, such as private property, the Contractor shall be aware that dangers may be present associated with urbanized areas. For example, the Contractor will need to become highly alert, and take extreme care to avoid dangers associated with open flames or operating heavy equipment near propane/butane tanks and underground gas lines, overhead/underground electric lines, underground septic tanks, and private outbuildings which may contain hazardous or flammable/explosive chemicals. Coordination as soon as possible with USFS and/or local municipal firefighters who are better trained for safe wildland/urban-interface fire suppression tactics is recommended when faced with fires on private lands.

c. All fires shall be reported immediately to the most available Forest Service office. The COR will insure that all fire reports are forwarded immediately to the Apache- ugh the fire may which fires shall be reported will be furnished to the Contractor at the contract pre-work meeting.

d. The Contractor shall not perform fire suppression activity, or provide reinforcement support, on any wildfires that originates and remains outside below.

If the Contractor wishes to be available to assist the Forest Service with emergency wildfire suppression or support up on an Equipment Rental Agreement, USDA/USDI Optional Form 294, issued by the Apache-Sitgreaves National Forests. (In cases of extreme emergency, the Forest Service can finalize this agreement at the fire location.)

Emergency use of equipment manned with operators, such as dozers, skidders, tree shears, chainsaws and water trucks/trailers, would then be compensated to the Contractor at current Forest Service fire-fighting rental equipment rates common to the area. Equipment rented by the Forest Service under this agreement shall be operated only by physically able personnel supplied by the Contractor.

Likewise, all personnel employed or subcontracted by the Contractor who wish to work on wildfires as individuals must first be currently certified with the required fire training to be qualified as a wildland firefighter before being permitted to assist the Forest Service with fire suppression. Firefighters must also have completed the necessary forms to become temporary emergency Forest Service fire-fighting employees. Contract personnel temporarily released off this contract by the Contractor to fight off-contract fires, shall be paid by the Forest Service at current USFS standard

-fighting rates.

The COR can direct you on how and where to make these preparations in advance. The contract COR must be notified as soon as possible in writing when the above conditions for fire rental equipment and personnel have been met. The Contractor must also notify the COR as soon as practical if contract operations are interrupted for emergency firefighting outside the contract area. If the Contractor does not wish to meet these criteria to help fight wildland fire outside the contract area, the Contractor is not required to do so.

6. Equipment Requirements

a. Passenger carrying vehicles, including light pickup trucks and all-terrain vehicles, shall be equipped with one

(1) long-handled round pointed shovel and one (1) ABC dry chemical fire extinguisher not less than 2 ½ pounds capacity. Each internal combustion fuel-carrying piece of equipment (dump-truck, dozer, excavator, backhoe, fuel service truck, -handled round-pointed shovel, and one 5-pound capacity ABC dry chemical fire extinguisher. Shovels and fire extinguishers shall be so mounted as to be readily reached from the ground, and shall be maintained in good working condition at all times.

The work camp and fuel-storage area shall be equipped with a shovel, double bit axe, and class ADC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight, kept in good working condition.

These shovels and fire extinguishers are in addition to those required for the Fire Guard tool cache (4.a.) and the mobile crew .

Authorized user will ensure that each internal combustion engine (both gasoline and diesel fueled) used on the project and in camp shall be equipped with a spark arrester qualified and rated under USDA Forest Service Standard (Spark Arrester Guide) 5100-1a or the latest revision of Society of Automotive Engineers "medium size engine, SAE recommended practice J350" unless it is:

(i) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(ii) A multi-position engine, such as on power saws purchased after 6/30/77 which must meet the performance levels set forth in the Society of Automotive Engineers "multi-positioned small engine exhaust fire ignition standard, SAE recommended practice J335B" as now or hereafter amended. Those purchased prior to the above date shall be equipped with an approved spark arrester/muffler containing a 0.023 inch mesh screen which all exhaust products must pass through. The effective exhaust area of the screen (total area of all screen openings) shall not be less than 200 percent of the engine exhaust port area at its smallest cross-section. Screen material will be heat and corrosion resistant, and shall provide at least 100 hours of service life.

(iii) A passenger carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory designed muffler and an exhaust system in good working condition.

(iv) A heavy duty truck, such as a dump truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described here, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

b. All internal combustion engines must be inspected before use in the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used until repairs are made, re-inspected, and passed by the Forest Service.

c. Care shall still be taken at all times to avoid parking all vehicles over tall grass, brush or flammable materials.

d. Equipment service areas, and gas and oil storage areas, shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet. Locations shall be pre-approved by the Forest Service.

e. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be equipped with lights for nighttime use. This includes two functioning headlights, and 1 to 2 backup lights.

f. Powered handtools (saws, augers, drills, jack hammers, pumps, etc.) shall be kept in a safe, serviceable condition at all times. Each power tool shall be equipped with an approved spark arrester screen muffler system as defined in this section.

(i) The refueling of powered tools shall be done in an area which is completely cleared of flammable materials (such as on bare mineral soil) and the tool shall be moved at least 10 feet from the point of refueling to another barren spot before being started.

(ii) Power tools with warm or hot spark arresters/screen mufflers running or not shall not be placed or rested on sawdust piles, litter duff, stumps, or spots that are easily ignited.

(iii) During periods of use, each powered handtool operator shall have readily available for use, one long-handled round-pointed shovel, one chemical-pressurized ABC dry chemical fire extinguisher of not less than 8-ounce capacity by weight, and a Factory Mutual (FM) approved fuel can. Muffler, extinguisher, shovel and fuel can shall be maintained in good working order at all times. The shovel is to be kept with the fuel supply can.

g. Forced Air Burners shall be kept in serviceable conditions at all times. Blower unit power supplies must comply with 6 b, c and d above.

7. Smoking and Fires

a. Smoking When/where smoking is permitted, cigarette butts or other smoking materials shall be extinguished completely and disposed of responsibly.

i. No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled, or otherwise paved.

ii. Smoking is not permitted while working. Smoking is only permitted in camp or on breaks, and only in areas having a clearing of at least 3 feet in diameter to bare mineral soil or rock, or preferably inside an enclosed vehicle with an ash tray.

iii. Smoking is not permitted while refueling, or while in the fuel storage service area.

b. Fires Warming fires, cooking fires, or burning of daily kitchen waste at camp or on the job-site, shall not be permitted during periods of high to extreme fire danger except in designated places by written consent of the Forest Service. All other fires (such as burning of debris resulting from clearing a camp or right-of-way) and ash disposal are covered under sections 4.e., 4.f., 4.g., and 4.h.

8. Red Flag Events fire behavior. The criteria for a Red Flag Event include a combination of sustained high winds, low relative humidity, and dry fuels. The thresholds for Red Flag Events are established by the local National Weather Service office. Red Flag Events are categorized in the following order:

FIRE WEATHER WATCH is issued to alert the possibility of the development of conditions that would lead to a Red Flag Alert.

RED FLAG WARNING is issued to warn of a predicted, impending or ongoing event that will meet the criteria of a Red Flag Alert within the next 24 hour period. This warning will generally precede a full alert.

RED FLAG ALERT is the most critical stage and implemented when conditions are extreme

When a Red Flag Alert is issued by the National Weather Service, all contractor and permitee operations will adhere to D ill shut down operations until the Red Flag Alert is rescinded.

Red Flag categories are announced publicly on 24-hour radio broadcasts on National Oceanic and Atmospheric Administration (NOAA) weather radio channels for localized vicinities. The contract COR or Permit Administrator can provide operators the correct weather radio channel to use for a particular project area.

9. Fire Plan and Closure Order Violations

a. of non-compliance with the terms and conditions of the contract. Immediate suspension of contract operations will be enforced until the deficiency or violation is corrected.

b. The Contractor shall advise all employees of Forest campfire, smoking, powersaw, and/or area closure orders

(36 CFR 261.52 (a) (c) (d) (e) (h)). After notification to the Contractor by the Forest Service of such orders taking effect, the Contractor and their employees may be subject to criminal action under Federal Regulations separate from this contract should a violation occur.

10. Fire Suppression Costs The USDA Forest Service reserves the right to participate in extinguishing any fires caused by pression, and all suppression activities ordered or directed by the Forest Service, vary according to three classifications of fires as follow below:

a. Operations Fire.

when all requirements of this industrial fire safety plan have been met and consistently maintained by the Contractor. The Government (Forest Service) shall perform fire suppression activities on Operations Fires, under the authorities of 16 USC 572. Contractor agrees to reimburse the Forest Service for expenses incurred by the Forest Service for the cost of an Operations Fire, to a maximum of $10,000 dollars for each occurrence.

b. Negligent Fire.

h results in a wildfire starting or permitting a controlled fire to spread out of control. Damages and the cost of suppressing Negligent Fires shall be borne by the Contractor. The Contractor shall also be responsible for full or partial costs and damages to any property of the USDA Forest Service or third parties caused by escaped

c. Other Fires in Immediate Area. This situation is covered under section 5.d. of this industrial fire plan.

11. Historical Data from records for the past 10 years based on the Energy Release Component (ERC) for the appropriate Fuel Models, at various weather stations across the Forest.

Total operating year used for the following information is January 1 through December 31. (Most years lack some days of data collection during winter months when weather stations were not functional.)

Apache-Sitgreaves National Forest Average # days/year by Industrial Plan for past 10 years:

A-S Industrial Plan SIG (Heber Lakeside Alpine) NFDRS Fuel Model J Approx. # Days per Year at Each Industrial Plan Level (5-day averaged ERC)

Industrial Fire Precautionary Plan Levels

AVG

A 85 150 110 55 75 140 175 50 15 60 15

B 204 145 200 215 220 190 145 220 210 270 220

C 24 35 20 15 10 10 30 70 0 15 30

D 32 20 10 20 55 25 10 20 50 15 95

Average number of Red Flag Days = 1 to 15 (highly variable by year).

The majority of Plan C, D, and Red Flag days generally occur between the periods of March 15th to September 25th.

Wildfire risk is usually at its greatest between mid-April through mid-July each year.

12. Emergency Fire Precaution Schedule Supplement 1 to this fire plan shows and defines the levels of operational restrictions, in accordance with regionally-standardized restrictions and closures.

FIRE PLAN SUPPLEMENT 1

EMERGENCY FIRE PRECAUTIONS (2/13)

Contractor/permit holder will restrict operations in accordance with the Emergency Fire Precaution Schedule shown below.

When there is a predicted change, Forest Service shall inform the Contractor by 6:00 pm, Mountain Standard Time (7:00 pm MDT), of the predicted change in the Industrial Fire Precaution Plan. The procedure for the Forest Service to notify the Contractor of a change in the Fire Precaution Plan stage in the following table is stated in section 4.b Work Hours of this Industrial Fire Plan, and shall also be reviewed at the pre-work meeting.

EMERGENCY FIRE PRECAUTION SCHEDULE

INDUSTRIAL FIRE PRECAUTION PLAN

NO RESTRICTIONS A

STAGE I B

STAGE II C or D

PARTIAL/ FOREST CLOSURE ** D

RED FLAG WARNING

(Issued by National Weather Service)

D

** Partial Forest Closure:

Contract/permit areas which are outside the boundaries of the partial forest closure may continue to operate under Industrial

C

Contract/permit areas within the boundaries of the proclaimed partial forest closure area are to operate under Industrial Fire Precaution D

Staged Restriction levels are determined by the appropriate Forest Line Officer in consultation with Fire Management Officer(s) and Contracting Officer(s)/Permit Administrator(s). The Contracting Officer/Permit Administrator may, after consultation with the appropriate Forest Line Officer, adjust the predicted Industrial Fire Precaution Plan for local weather conditions on the contract/permit area. Deviations from the predicted Industrial Fire Precaution Plan shall be agreed to in writing.

INDUSTRIAL FIRE PRECAUTION PLAN DESCRIPTIONS

A - NO RESTRICTIONS -Normal Fire Precautions. No Fire Guard required, except for welding and blasting operations.

B - STAGE I - Normal Fire Precautions, except designated areas for smoking and warming or cooking fires require a written permit. Contractor/permit holder will provide Fire Guard.

C - STAGE II -- All power saws and mechanical fellers except for mechanical fellers equipped with hydraulic shears will shut down from 9:00 am until 8:00 pm Mountain Standard Time (10:00 am to 9:00 pm MDT), except chainsaws may be used from 9:00 am until 2:00 pm Mountain Standard Time (10:00 am to 3:00 pm MDT), for limbing on landings cleared to mineral soil.

Loading is authorized to continue from 12:00 noon until 2:00 pm, Mountain Standard Time (1:00 pm to 3:00 pm MDT), on landings cleared to mineral soil. Log hauling trucks must be out of the contract area to a surfaced road by 2:00 pm, Mountain Standard Time (3:00 pm MDT). Shutdown from 12:00 noon until 8:00 pm Mountain Standard Time (1:00 pm to 9:00 pm MDT); all machine treatment of slash; mechanical equipment used for shearing, bunching, or de-limbing; skidding; cable yarding; blasting;

welding; metal cutting; and clearing. Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, and/or other equipment maintenance may continue. No smoking, warming or cooking fires are permitted at any time.

Contractor/permit holder will provide Fire Guard.

D - STAGE II or RED FLAG-- Shutdown all operations; except operations on mineral soil involving road excavation, watering, grading, gravel surfacing, and rock crushing may continue with special Forest Service permit. Blasting and welding are prohibited. Contractor/permit holder will provide Fire Guard.

13. Plan D Authorization Letter - Attached as Fire Plan Supplement 2, is a sample of the additional requirements the would only be issued by the Contracting Officer to contractors who already have a dozer or skidder available on that job to quickly dig fire line. Recommendation for such authorization would be determined by the District Fire Management Officer and the COR on an individual contract basis, taking into consideration such things as contract location, terrain, road access, hazardous fuels present, long-term fire weather forecasts, and other risk factors. Contractors who chose not to work on this limited basis during e normal shutdown and/or suspension of contract time would be likely until field conditions improve.

In select cases, acceptance and possession of such a letter may also serve as the special USFS permit required for legal operation during times of fire and powersaw restriction orders. A separate Forest Entry Permit, issued by the designated ranger district at no cost, would still be required for work to continue within forest areas closed to the public by special order.

District permits to continue contract work involving heat or spark-causing activities during powersaw restrictions and/or area closure orders will not be issued without very serious consideration beforehand by the District Fire Management Officer, District Ranger, COR and contract CO, and are not likely to be granted except in the most unique of circumstances.

FIRE PLAN SUPPLEMENT 2

(Printed on ASNF Forest Business Letterhead)

File Code: 6320/5100 To: Service Contractor/Permit Holder: Date: xxxxxxxxx Name Address

To facilitate production on the XXXXXXXXXX TSI Contract # xx-xxxx-x-xxxx, on the XYZ Ranger District, you are temporarily

- D INDUSTRIAL

FIRE PLAN IF you agree to take the following required and additional measures. If you wish to ng to accept these extra terms, then the contract will revert to the shutdown Plan. Once accepted, this authorization will be revoked if you are found in non-compliance of these extra terms, or if the fire danger becomes more extreme as determined by Forest Service Fire Specialists.

1. Full compliance with all measures listed in the FIRE PLAN, including absolutely NO open flames on the job or in camp at any time. Smoking is allowed only within enclosed vehicles with ash trays.

2 -broadcast or pile burns are permitted at any time.

3. Felling, pruning, and lopping saws shall be shut down at 9:00 am. Skidding and shearing with rubber-tires, turbo-charged chainsaws and skidding equipment, delimbing machines at landings, and chipping with rubber-tired transport may continue until 12 noon. Loading on bare dirt landings and hauling on contract roads may continue all day, with caution. USFS discretion will be used to set shutdown times for other equipment not listed here. Slash pullback by hand, use of hand tools, and piling by hand may continue after these times. The Fire Guard is required to monitor the entire work area and roadsides for sparks/smokes where chain saws, shears, skidders, delimbers, chippers/shredders, hydro-axes, loaders, etc. were used, for 3 hours after all mechanical operations have ceased, including departure time for the last load hauled away for the day.

4. No chainsaw work, chipper operation, off-road vehicle or equipment use, self-contained or pit-design forced air burner operation, or other heat/spark-causing activities, will be permitted whenever eye-level winds exceed 10 miles per hour. This will require your Fire Guard or on-site Contractor Representative to determine when these wind conditions have developed in the contract area, and to immediately shut down your mechanical operations until winds have subsided, or until hoot-owl times take effect, whichever comes first.

5. , the Contractor is responsible for full and immediate shut down of ALL mechanical and air burner operations upon notification from the Forest Service. The Fire Guard will remain on-duty for 3 hours after shut down, to check for smokes. Absolutely NO smoking or heat/spark-causing activities are to occur while doing any handwork. Red Flag Warnings are issued by the National Weather Service (NWS) for unusually severe fire weather, and extremely high fire danger due to the combination of low forest ground fuel moisture, low relative humidity, and sustained strong winds.

Letter page 2 of 2

The District Office or COR will contact you as soon as the Forest Service receives notice from the NWS that they have issued a Red Flag Warning for that day.

6. A 4-wheel drive vehicle equipped as a minimum with a 50 g spray nozzle attached will be required on-site where cutting, skidding, and chipping activities are in progress. A functioning dozer, tractor plow or skidder, equipped with a blade and manned with a qualified operator, must be on-site at all times dedicated to fire suppression in cutting, skidding and chipping areas, for 2 full hours after operations are shut down.

7. All operations will be restricted to one contract unit or block, unless ot Representative (COR).

8. Communications: Some reliable source of communications must be established from the contract area (such as cellular phone, or two-way radio) which is manned during the same time period as your Fire Guard is on the contract area. Your radio or emergency contact phone numbers provided to you by the Contracting Of communication equipment at all times. All communications shall be in English.

9. The Contractor is responsible to contact the COR or designated District Office between 2:00 and 4:30 pm each day of operation, to advise of the operational status implemented the previous 24 hours. (For example, if conditions permitted the chipper to run until noon, then include this in your report. If winds were in excess of 10 mph after 8:00 pm the night before or prior to 9:00 am, then advise that operations were indeed shut down during those windy times.) During this contact, the COR or District Office will advise you of the Industrial Fire Plan precaution level predicted for the following day.

10. Scarcity of firefighting resources: During periods of extreme fire danger (Plan D and Red Flag days), when Forest fire fighting resources are committed to fighting fires on or off the Forest, and are unable to respond to a new fire starts, the Contracto operations may be required to totally shut down until this emergency status is over.

The District may request that the CO modify these requirements if the contract area is in a low risk area (bounded by natural fire breaks), or a high risk area (up-wind of urban-interface/residential area). The Industrial Fire Plan precaution level may be adjusted by one level up or down based on local conditions.